The Constitution of Antoninia

I The State

A    Sovereignty

Antoninia, the Antonine Imperium, is a sovereign state, and it possesses all of the rights and responsibilities that are possessed by all sovereign states. It is a sovereign, independent, self ruling entity. The sovereignty of Antoninia is created by the voluntary and conscious will and intent of its citizens. The sovereignty of Antoninia is not dependent upon the possession of land and territory, or upon the use of force or coercion. Antoninia may possess and rule land and territory in the manner of a traditional landed state, but such possession and rule is not the basis for the sovereignty of Antoninia. The sovereignty of Antoninia is derived from the will of its people.

B    Purpose

The purpose of Antoninia is to serve its citizens in the creation of a self ruling state organization and society inspired by the Pagan culture and civilization of ancient Greece and Italy. Antoninia shall support the reestablishment and practice of the traditional Pagan polytheistic religions of ancient Greece and Italy. Antoninia shall also support the study and preservation of ancient Greek and Italian culture, and shall support the continuing development of selected elements of ancient Greek and Italian culture.

C    Constitutional Authority

This Constitution is the foundation and basis for all laws, decrees, and edicts of the state. It is the highest governing document in the structure of the state. All laws, decrees, and edicts of the magistrates, officials, and governmental bodies of Antoninia must conform to the provisions of this Constitution. The Constitution is equally binding upon all citizens.

D    Imperium

Imperium is defined for the purposes of this Constitution as the power and authority to issue decrees and edicts that have the binding force of law upon the state and all of its citizens. The Senate possesses Imperium when it is convened for a meeting. Certain magistrates possess Imperium during their term of office according to the rank and precedence and within the limits assigned to them by this Constitution and as established by law.

E    Potestas

Potestas is defined for the purposes of this Constitution as the general authority to perform the proper function assigned to a magistrate or official. All magistrates and officials possess a degree of potestas. All magistrates and officials have the authority to issue such rules, regulations, and procedures as may be necessary for them to efficiently and effectively perform the duties for which they are responsible.

F    Precedence of Law

Laws, decrees, and edicts shall have the same rank and precedence as the authorities that issue them, unless otherwise noted in this Constitution. Higher ranking laws supercede lower ranking laws, and newer laws supercede older laws. Laws, decrees, and edicts shall have this order of precedence, from highest to lowest authority: Constitution, Emperor, Senate, and magistrates according to the rank and level of authority assigned to them.

G    Effective Date

This Constitution shall be in effect as of April 21, 2755 AUC (2002 ce).

H    Amendments

The Constitution may be amended by the Emperor or by the Senate. Senatorial amendments must be approved by three fourths of the entire Senate membership. Amendments to the Constitution must be announced no less than thirty days before they become effective.

The position and definition of Classical Paganism established by this Constitution as the state religion of Antoninia, and the obligation of Antoninia to support the state religion of Classical Paganism, may not be revoked or diminished by any amendment. Section A of Article V of the Constitution, and this amendment itself, may not be amended, diminished, or revoked. Amendments to the Constitution by the Emperor must also be approved by three fourths of the entire Senate membership.

II The Senate

The Senate is the highest executive, legislative, and judicial body in the structure of the state. The Senate possesses Imperium and has the authority to issue decrees and edicts that have the binding force of law upon the state and all of its citizens.

A    Membership in the Senate

The Senate shall consist of distinguished citizens who have met such membership requirements as may be established by law. Membership in the Senate may be granted or revoked by the Emperor or by the Senate. Membership in the Senate is intended to be for the lifetime of the Senator, but a Senator may resign his or her membership at any time. A Senator who resigns membership may not be appointed to the Senate again for a period of five years. Senators must be citizens of Antoninia and they must be at least 21 years of age. Emperors and Consuls shall automatically become members of the Senate upon accession to office, if they are not already members. The total membership of the Senate may not exceed two thousand persons. Additional qualifications for Senate membership may be established by the Senate or by the Emperor.

B    Powers and Responsibilities of the Senate

The Senate shall possess the following authority and responsibilities, in addition to those noted elsewhere in this Constitution:

1    To control and direct the policies and activities of the state.

2    To issue such laws, decrees, and edicts that may be needed to carry out the policies and activities of the state. Such laws, decrees, and edicts must be approved by three fourths of the entire Senate membership.

3    To supervise the State Treasury and to have authority and control over the finances of the state, including the collection and disbursement of funds. The Senate shall issue a report on the financial condition and activities of the state to the citizens and to the Emperor in January of each year, and at such other times as the Senate may decide is appropriate or as required by the Emperor.

4    To establish rules and procedures for conducting its meetings, activities, and voting.

5    The Senate may select one of its members to serve as its leader. This person shall have the title of Princeps Senatus, and shall have the authority to convene meetings of the Senate and to present matters to the Senate for discussion and voting. The term of office of the Princeps Senatus shall be determined at the time of appointment to office, but may not exceed two years for a single term. There is no limit on the number of terms.

6    To appoint to office, and to remove from office, magistrates and officials below the level of Emperor, except and excluding any position appointed by the Emperor.

7    To carry out the function of any vacant magisterial or official position in the government of Antoninia, whether appointed or elected, whether major or minor, except and excluding the position of Emperor and any positions exclusively appointed by the Emperor.   

8    To elect an Emperor, if the position of Emperor is vacant and the previous Emperor has not chosen a successor. The election of an Emperor must be approved by three fourths of the entire Senate membership.

9    To veto the action of any magistrate or official, unless otherwise noted in this Constitution. A senatorial veto must be approved by three fourths of the entire Senate membership.

11    To issue recommendations, suggestions, and advice to the magistrates, officials, and citizens of Antoninia. These shall be called Senata Consulta, Advice of the Senate, and may be approved by a simple majority vote of the entire Senate membership. Senata Consulta are non-binding resolutions. A Senatus Consultum does not possess the authority of Imperium, and does not have the binding force of law.

12.    If the position of Emperor becomes vacant, and a new Emperor is not appointed within ninety days, then the Senate shall automatically assume authority over the institutions, activities, Magistrates, and officials that had been subject to the authority of the vacant Imperial position. The Senate also possesses this authority during the interim period period of ninety days until a new Emperor is appointed. If there are two Emperors, and one of the Imperial positions becomes vacant and a new Emperor is not appointed to the vacant Imperial position within ninety days, then the Senate may assume authority as stated above, or may grant that authority to the remaining Emperor. Imperial institutions, activities, and magisterial and official positions that are transferred to the authority of the Senate shall be renamed to reflect that authority, or shall be merged with their Senatorial counterparts.

III Magistrates and Officials

Magistrates are the principal officials of the state. The magistrates are responsible for conducting and managing the activities of the state. Magistrates and officials may be appointed by the Emperor or by the Senate. There shall be two ranks of magistrate, major and minor. The titles and responsibilities that are assigned to magistrates shall follow ancient Greek and Italian precedent, in so far as it is practical to do so. Magistrates and officials shall possess the authority and responsibilities, and rank and precedence, that are granted to them at the time of their appointment to office, or as established by this Constitution or by law. Several positions for magistrates and officials are defined by this Constitution, and additional positions may be created by law. Magistrates and officials must be citizens of Antoninia and they must be at least 21 years of age. Additional qualifications for magistrates and officials may be established by law. Magistrates and officials may have their appointment to office revoked at any time by the authority that appointed them to office, or by the Emperor, or by the Senate, unless otherwise noted in this Constitution.

Positions for elected magistrates and officials may be created by the Emperor or by the Senate. If elected positions are created, then classes of voting citizens who are qualified to vote for these positions must also be created.

A    Emperor

The Emperor or Empress is the highest magistrate and possesses the highest level of Imperium in the state. The position of Emperor is an optional position in the structure of the state, and the state may function perfectly well without the presence of an Emperor. The Emperor possesses the following authority and responsibilities, in addition to those noted elsewhere in this Constitution:

1    To hold the highest level of executive, legislative, and judicial authority in the structure of the state, subject to the provisions of this Constitution.

2    To issue decrees and edicts that have the binding force of law upon the state and all of its citizens. Such decrees and edicts are also binding upon the Emperor.

3    To serve as head of state.

4    To convene the Senate and present matters for discussion and voting.

5    To appoint to office, and to remove from office, magistrates and officials as described in this Constitution or as established by law.

6    To serve as judge in a court of law and to render legal decisions.

7    To establish an Imperial Treasury to assist in the financial activities of the state. The Imperial Treasury, if established, shall be under the direct supervision and authority of the Emperor. The Imperial Treasury may collect and disburse funds without the advice of the Senate. The Emperor shall issue a report on the activities of the Imperial Treasury to the Senate and the citizens in January of each year.

8    To veto the action of any magistrate or official.

9    To veto any action of the Senate. An Imperial veto of a Senatorial action may be overturned by a nine tenths majority vote of the entire Senate membership.

10    There may be as many as two Emperors. The Emperor may appoint another Emperor or Empress to serve as co-ruler or as consort. This second Emperor shall possess power and authority equal to the first. One Emperor may veto the action of the other Emperor. Such an Imperial veto may not itself be vetoed.

11    The position of Emperor is intended to be held for life, but may be resigned at any time. The Emperor may choose a successor, or may leave that choice to the Senate.

B    Acting Head of State

The position of acting head of state is a temporary position, to be utilized when circumstances require it. If there is no Emperor and there is no Consul, then the next highest ranking magistrate or official shall automatically become acting head of state. If there are no magistrates or officials, then a citizen shall become acting head of state. The determination of who shall become acting head of state shall be decided in favor of whoever has greater seniority of rank, length of time in office, length of time as a citizen, and age.

The acting head of state shall possess the authority, rank, and function of both Emperor and Consul, without possessing the title of Emperor or Consul. The term of office of the acting head of state shall expire as soon as an Emperor or Consul is appointed. The acting head of state may assume the title and position of Emperor or Consul at his or her discretion. The acting head of state shall automatically become a member of the Senate upon taking office, if he or she is not already a member.

C    Major Magistrates

Major Magistrates possess Imperium and may issue decrees and edicts that have the binding force of law upon the state and all of its citizens. A Major Magistrate may veto the action of any magistrate or official of lesser rank. Major Magistrates may serve as judges in the courts of law. Major Magistrates shall be appointed by the Emperor or by the Senate. The term of office of Major Magistrates shall be two years and shall commence on the day of appointment to office. There is no limit on the number of terms. These are the Major Magistrates, listed in descending order of rank and authority: Consul, Praetor, and Prefect.

1    Consul

There shall be two Consuls, who shall serve, both individually and collegially, as the executive head of state. The Consuls possess the authority, both individually and collegially, to convene the Senate, and to present matters for discussion and voting to the Senate. One Consul may veto the action of the other Consul. Such a Consular veto may be overturned only by the Senate or by the Emperor.

2    Praetor

There may be as many as 12 Praetors. The Praetors are responsible for the administration, interpretation, and application of law. The Urban Praetor, Praetor Urbanus, shall possess jurisdiction over domestic  and internal law within Antoninia. The Foreign Praetor, Praetor Peregrinus, shall possess jurisdiction over law as it applies to relationships between citizens and non-citizens, including the diplomatic relationships of Antoninia with other states. The Praetor Urbanus and the Praetor Peregrinus are equal in rank, and are superior in rank to the other Praetors. The Praetor Urbanus and the Praetor Peregrinus shall automatically become members of the Senate upon their accession to office, if they are not already members. Specific titles and areas of responsibility for the other 10 Praetors may be established by law.

3    Prefect

There may be as many Prefects are are established by law, and they shall possess the titles and responsibilities that are assigned to them by law.

D    Minor Magistrates

The Minor Magistrates, listed in descending order of rank and authority, are: Aediles. Quaestors, Legates, Procurators, and Tribunes. Minor Magistrates possess potestas, but they do not possess Imperium. The term of office of Minor Magistrates shall be one year and shall commence on the day of appointment to office. There is no limit on the number of terms. The specific duties and responsibilities of Minor Magistrates shall be determined by the authority that appoints them to office, or may be established by law. The Emperor, the Senate, and all Major Magistrates may appoint Minor Magistrates. Minor Magistrates that are appointed by the Emperor, the Senate, the Consuls, or the Praetors shall possess the qualifying title of Imperial, Senatorial, Consular, or Praetorian.

E    Other Officials

Non-magisterial officials may be appointed to office by the Emperor, the Senate, and all Magistrates. These lesser officials possess potestas according to the rank and authority assigned to them. The specific duties and responsibilities of these officials shall be determined by the authority that appoints them to office, or may be established by law. The term of office of non-magisterial officials shall be one year. There is no limit on the number of terms.

IV Citizens

A    Qualifications for Citizenship

Citizenship in Antoninia may be granted to any person who is at least eighteen years of age. Citizenship and the rights of citizenship may not be denied because of a person's actual or perceived nationality, racial, physical, or ethnic identity; sexual identity or affiliation; or religious beliefs, provided that those religious beliefs are not hostile to Classical Paganism. Citizenship may be granted, denied, or revoked by the Emperor, the Senate, or an authorized magistrate.

B    Rights and Responsibilities of Citizens

All citizens equally possess the following rights and responsibilities:

1    To have complete control over their lives and persons.

2    To have freedom of speech and expression, of belief, philosophy, and religion.

3    To have freedom of assembly and association.

4    To have the right of privacy, and control and authority over their lifestyles.

5    To have the right to own and use property.

6    To have freedom of movement and residence.

7    Citizens may not infringe upon the rights of other citizens, or cause harm to the state, or cause harm to the state religion of Classical Paganism.

8    Citizenship may be denied or revoked if a person has infringed upon the rights of other citizens, or has endangered the state, or has engaged in activities that endanger the position of Classical Paganism as the official religion of the state.

9    All citizens shall have the equal benefit and protection of the law.

10    Citizens possess the right of provocatio, which is defined for the purposes of this Constitution as the right of citizens to appeal the decision of a magistrate or official against them to a magistrate or official of higher rank who has the authority to override such decision. Specific procedures for exercising the right of provocatio may be established by law.

11    Citizens shall possess dual citizenship in Antoninia and in any other sovereign state in which they hold citizenship.

12    Citizens may resign their citizenship in Antoninia at any time.

C    Classes, Orders, Ranks, and Titles

Various classes and orders of citizens may be created by law. The Emperor and the Senate both possess the authority to establish classes and orders of citizens, and to define the qualifications, privileges, and responsibilities of such classes and orders.

Titles of honor, rank, merit, and nobility may be granted by the Emperor, by the Senate, and by the Consuls.

All citizens are entitled to equal treatment under the law regardless of class, order, rank, or title.

V    Religion

A    The State Religion

Antoninia shall support a state religion to be referred to as Classical Paganism. For the purposes of this Constitution, Classical Paganism is defined as consisting of the various polytheistic religions and cults of the ancient Greeks, Italians, and kindred peoples. The state may also extend support to other polytheistic religions of a sympathetic and compatible nature.

Antoninia shall support Classical Paganism through the establishment of institutions, temples, shrines, cultural centers, priesthoods, publications, festivals, events, and activities as circumstances permit. These things shall be done in the style and manner of ancient Greece and Italy, in so far as it is practical to do so.

Citizens are not required to take part in the activities of the state religion, but certain magistrates and officials may be required as part of their official duties to take a part in such activities.

Specific procedures and requirements for the institutions of the state religion may be established by law.

B    The Sacred College of the Cult of the Gods

The Sacred College of the Cult of the Gods, Collegium Sacrum Cultus Deorum, is responsible for establishing and maintaining the institutions and activities of the state religion of Classical Paganism. The Sacred College possesses Imperium over the institutions and activities of the state religion, and it may issue decrees and edicts that have the binding force of law regarding the state religion, subject to the exceptions noted in this Constitution. The Sacred College may establish its own rules and procedures for conducting its activities without the assistance of the Senate, Magistrates, and officials of Antoninia. The Senate, Magistrates, and officials of Antoninia may not veto, revoke, modify, or change the decisions of the Sacred College.

The laws, decrees, and edicts of the Collegium Sacrum Cultus Deorum shall apply only to the state religion of Classical Paganism. The Sacred College possesses no authority over the civil institutions of the state, but the College may issue comments and suggestions regarding the institutions, activities, Magistrates, and officials of Antoninia. The Sacred College does not possess any authority over the private religious beliefs and practices of Antonine citizens, and it does not possess any authority over public religious activities and institutions that are not officially part of the state religion.

The Collegium Sacrum Cultus Deorum possesses the same rank and authority as the Senate, but the Collegium is excluded from the precedence of law and succession of authority that have been established by this Constitution for the civil institutions of the state.

Members of the Sacred College must be citizens of Antoninia and they must be at least 21 years of age. Members of the Sacred College may be appointed by the Senate, by the Emperor, or by the College itself. Senatorial and Imperial appointments to the Sacred College must also be approved by the College. The Sacred College may establish qualifications for membership, assign rank and titles to its members, establish terms of office, set limits on the number of persons who may become members, and revoke membership at any time, except as noted in this Constitution. The Acting Head of State and the Emperor shall automatically become members of the Sacred College upon accession to office. They shall hold membership in the Sacred College as long as they hold their respective offices. The obligatory memberships held by the Acting Head of State and the Emperor may not be revoked or denied by the Sacred College.

C    Other Institutions of the State Religion

The Senate, and the Emperor, may establish institutions and activities of the state religion of Classical Paganism without the advice or consent of the Collegium Sacrum Cultus Deorum. It is recommended that the Senate, and the Emperor, consult with the Sacred College before establishing institutions and activities of the state religion, but it is not required. Institutions and activities established by the Senate, or by the Emperor, are subject to the authority that established them and are not subject to the authority of the Sacred College.

D    Financial Support for the State Religion

The State Treasury, and the Imperial Treasuries if any such have been established. may provide financial support for the Sacred College and the institutions and activities of the state religion. The Sacred College may engage in voluntary fund raising activities under its own authority, but it may not impose any kind of mandatory tax or fee upon the citizens of Antoninia. The Sacred College may, with the approval of the Senate or the Emperor, establish specific fees for specific services that it provides. The Sacred College shall provide a report of its financial activities, and funds received and disbursed, to the Senate and the Emperor in January of each year and at such other times as the Senate or the Emperor may require.

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