PENTASTAR ALIGNMENT CHARTER
YEAR 10, DAY 301
From this day forward we declare the reorganization of the Pentastar Alignment into an Authoritarian type of government with Federation as the structure. The charter, signed by the Members of the Council of Moffs and the Supreme Commander, shall be followed and enforced by all members.
SECTION ONE: GOVERNMENT
ARTICLE ONE: POWERS
1.1 The Pentastar Alignment is lead by the Supreme Commander. The Supreme Commander is appointed based on merit by the Council of Moffs. The Supreme Commander is responsible for:
• Making Final decision at the global level;
• Appointing members of the Council of Moffs;
• Nominating Department Chiefs to the Council of Moffs;
1.2 The Council of Moffs is the main decision making body of the Pentastar Alignment. This council will supply the Supreme Commander with economic development, military, trade and commercial, legal, diplomatic, and intelligence advice. The council members will be responsible for decision-making within their respective departments.
ARTICLE TWO: COUNCIL OF MOFFS
2.1 The Council of Moffs is appointed on merit by Supreme Commander and confirmed with a minimum of 66% vote by the existing members. The executive officer of the department concerned should be the first candidate considered for the position.
2.2 It consists of the Supreme Commander, the Grand Moff, the Commander of Pentastar Patrol, the Director of Commission of State Affairs, the Director of Insurrection, the Director of Trade and Industry, and the Director of Politorate.
2.3 The Council of Moffs is responsible for:
• Developing policy to regulate the departments;
• Operational (day-to-day and strategic) running of their respective departments;
• Providing expertise and advice to the Supreme Commander, including the preparation of special reports and presentations;
• Making operational decisions on what to do with the assigned budgets;
• Strategic planning for the Alignment; and
• All internal structure below the Council of Moffs level.
2.4 Members of the Council of Moffs, with the exception of the Commander of the Pentastar Patrol, can also be Moffs of their respectful sector, responsible for the overall operation and development of that sector.
2.5 Members of the Council of Moffs report directly to the Supreme Commander.
ARTICLE THREE: THE CHAMBER OF ORDER
3.1 The Chamber of Order is granted the legislative power of The Pentastar Alignment by the Council of Moffs. Reporting to the Council of Moffs, the Chamber of Order oversees development of laws.
3.2 Members of the Chamber of Order are appointed by the Council of Moffs, including the following: The Deputy Director of Insurrection, the Director of the Judgement Corps, the Second in Command of the Pentastar Patrol, the Headmaster of the Pentastar Academy, the Editor-in-Chief of the Media Services Corp, The Leader of Total Outer Rim, the Leader of Sorosuub Corporation, and selected system governors as deemed necessary by the Council of Moffs.
ARTICLE FOUR: SUPREME COMMANDER
4.1 The Supreme Commander holds the upmost authority within the Pentastar Alignment. He must be sworn in and confirmed by the Council of Moffs with a majority vote.
4.2 The Supreme Commander is responsible for:
• Chairing the Council of Moffs, and placing proposals in front of the Chamber of Order;
• Management of Financial, Diplomatic and Military policies; and
• Leading the Pentastar Alignment in name and action.
4.3 a. If a new Supreme Commander is nominated by the previous Supreme Commander, the candidate shall be confirmed by the Council of Moffs by more than 50% support in vote.
b. In the case that the previous Supreme Commander is not able to, the Grand Moff and Second in Command of the Alignment shall be confirmed by the Council of Moffs by more than 50% support in vote.
c. During the vote, members of the Council of Moffs shall not be removed or replaced.
d. In case that the candidates do not receive 50% in support, the previous Supreme Commander or the Council of Moffs shall nominate another candidate.
4.4 Immediately after swear-in, the Supreme Commander appoints one of the Council of Moffs members to Second in Command of the Alignment, also titled the Grand Moff. He is to take on the duties of Supreme Commander and to oversee immediate actions until a new Supreme Commander could be confirmed and sworn in, should the Supreme Commander become unable to fulfil his duties. Should the appointed council member become unavailable, a new one will be appointed.
ARTICLE FIVE: VOTES OF NO CONFIDENCE
5.1 Any Council of Moffs or Chamber of Order member may call for a vote of no-confidence in the Supreme Commander. If this happens, then both the Council of Moffs and the Chamber of Order vote separately. If more than 83% of either body vote for the no confidence motion, then the Supreme Commander must step down and a new one nominated by the Council of Moffs.
5.2 Any Council of Moff member may call for a Vote of No Confidence in any other member of the Council of Moffs. The Vote of No Confidence shall be forwarded to the Supreme Commander, who could choose to start a vote in the Council of Moffs. If this happens, the council, excluding the member in question, votes. If more than 66% votes for the no confidence motion, a replacement is found following article 2.1.
5.3 Any member of the Pentastar Alignment in good standing and having been a member for at least 90 days may call a vote of no-confidence in their division commanding officer with the exception of the Pentastar Patrol and Insurrection. If this happens, the situation will be dealt with accordingly by the responsible member on the Council of Moffs.
ARTICLE SIX: EMERGENCY MEASURES
6.1 In the event of a Supreme Commander resigning, dying in office or being voted out of office through a no confidence vote, the appointed Grand Moff will assume temporary leadership of the Pentastar Alignment (assuming he meets the requirements in 3.2) on behalf of the Council of Moffs. A new nomination and confirmation in accordance to article 3.5 will immediately be set up, in which the acting leader may be nominated.
6.2 In the event of a Council of Moffs member resigning, dying in office or being removed, a replacement will be immediately sought in accordance with 4.1.
SECTION TWO: JUSTICE AND PUNISHMENT
ARTICLE SEVEN: LEGAL PROCESS
7.1 If any person breaks any valid law issued by the Pentastar Alignment, he will be detained and tried. Trials can be open or closed, as decided by the Council of Moffs.
7.2 The Chamber of Order has the authority to appoint judges to serve at trials. For the trial they are serving, the judge should have little or no previous involvement or relationship with the defendant if possible.
7.3 All defendants are entitled to defence counsel. This person must be approved by the Judge for eligibility. If they wish so, the defendant may represent himself.
7.4 The counsel for the prosecution will be appointed by the Chamber of Order. This can be anyone within the Pentastar Alignment with the exception of the Supreme Commander and Council of Moffs member.
7.5 If the defendant is found not guilty, he is released immediately following the trial and is entitled to be returned to the nearest starport.
7.6 If the defendant is found guilty, the judge will sentence accordingly at his discretion, within the limit of the law.
7.7 If the defendant is found guilty and sentenced, he may appeal to the Supreme Commander. The Supreme Commander may review the trial and has the power to grant a pardon.
7.8
a. Any Pentastar Alignment citizen shall be subject to the criminal Code.
b. Any person committing a crime within Pentastar Alignment territory shall be subject to the Criminal Code.
c. Any being serving on any official Pentastar Patrol Operation, serving in any branches of the Pentastar Patrol, shall also be subject to the Code of Military Justice. In that case, a military trial could be administrated.
SECTION THREE: AMENDMENTS AND LEGISLATION
ARTICLE EIGHT: CREATING AND AMENDING LAWS
8.1 There are three possible legislative powers, all of which are granted to the Chamber of Order by the Council of Moffs:
• Amendments to the Charter;
• Acts of the Chamber of Order; and
• Secondary Legislation.
8.2 Amendments to the Charter can only be made with the Supreme Commander approval.
a. Amendments to the Charter may be proposed in any one of the following ways:
I. Moff brings forward an amendment, which shall be passed on to the Council of Moffs for approval.
II. The Chamber of Order brings forward an amendment, which shall be passed on to the Council of Moffs for approval.
III. A citizen of the Pentastar Alignment may bring forward an amendment to forward to the Chamber of Order. Should the Chamber of Order choose to approve of the amendment, it is forwarded to the Council of Moffs for approval.
b. The amendment passes if over 83% of the Council of Moffs votes in support of the amendment.
c. If the amendment passes; it will go into effect immediately.
8.3 Amendments must be carried out if changes are to be made that contradict any statement made in the charter.
8.4 If an issue is separate to the charter, then an Act of the Chamber of Order can be passed. An Act can be passed by a majority vote in the Chamber of Order, and can include both policy and legal clauses.
8.5 An Act of the Chamber of Order is required to introduce new areas of laws – including crimes and maximum punishments, and commercial/economic law.
8.6 An Act may be presented to the Chamber of Order by an Order member, the Supreme Commander, or a member of the Council of Moffs.
8.7 If an Act is passed by the Chamber of Order, it may be vetoed by the Supreme Commander. The Supreme Commander may choose to discard the act.
8.8 Secondary Legislation consists of minor additions to existing Acts. It may not contradict anything stated in any Act or in the charter, but may be added on top of current laws.
8.9 Secondary Legislation may be presented to the Chamber of Order by an Order member, the Supreme Commander, or a member of the Council of Moffs.
8.10 Secondary legislation can be passed by a majority vote in the Chamber of Order.
8.11 If secondary legislation is passed by the Chamber of Order, it may be vetoed by the Supreme Commander.
SECTION FOUR: ADDITIONAL POWERS
ARTICLE NINE: DELEGATION
9.1 Anything not expressly prohibited by the charter is thus not governed under its laws and may be governed by Acts of the Chamber of Order, approved by the Council of Moffs.
9.2 All powers not delegated by the Charter, and that which is necessary to the preservation of the good order of the Alignment, shall be delegated by the Supreme Commander to such as he sees fit.
ARTICLE TEN: POWERS OF THE SUPREME COMMANDER
10.1 The Supreme Commander may choose to discard an act, law at his discretion. However, he may not change or dismiss any sections of the Charter without an amendment according to article eight.
10.2 The Supreme Commander has the power to dismiss and expel any member of the Alignment regardless of position.
ARTICLE ELEVEN: STATE OF EMERGENCY
11.1 The Supreme Commander has the right to declare a State of Emergency within the alignment. Should a State of Emergency be declared by the Supreme Commander, all laws and procedures shall be up to the discretion of the Supreme Commander and/or anyone he delegates to.
11.2 Should the Supreme Commander be unavailable, the State of Emergency could be declared by the Grand Moff, Director of Insurrection or the Commander of Pentastar Patrol.
a. Should a State of Emergency be declared by the Grand Moff, Director of Insurrection or the Commander of Pentastar Patrol, all laws and procedures shall be up to the discretion of the Council of Moffs and/or anyone the council delegates to.
b. Upon the Supreme Commander’s return, the situation shall be reviewed and a decision by the Supreme Commander shall be made, to continue the State of Emergency or to cancel it.
11.3 The State of Emergency should only be declared in absolute need, the reason must be disclosed to the Council of Moffs and the Chamber of Order.
a. The Director of Insurrection has the power to order such information not be released outside the Council of Moffs. In this case, he or she must inform the Chamber of Order.
b. Should the Council of Moffs and the Chamber of Order disagree with the reasons of the State of Emergency, a vote may be started in which both bodies must have greater than 83% support in the motion.
c. If the vote in both bodies passes, the State of Emergency shall be cancelled. A Vote of No Confidence on the Supreme Commander or the specified members of the Council of Moffs could be started per article five.
11.4 The State of Emergency must be declared over by the Supreme Commander and order returned when such reasons, according to 11.3, no longer exists.
SECTION FIVE: RIGHTS OF THE INDIVIDUAL
ARTICLE TWELVE: RIGHTS OF THE INDIVIDUAL
12.1 Any member of the Pentastar Alignment faction or one of its nationalised factions is considered a citizen of the Pentastar Alignment.
12.2 The Alignment shall not subject the people to unreasonable searches and seizures of their persons or belongings. No warrants shall be issued without probable cause or reason.
12.3 No person shall be tried twice for the same offence, nor be deprived of life, liberty or property without due process of law.
12.4 The Alignment will take no private property for public use without fair compensation.
12.5 The Alignment shall not impose fines and punishments in excess of those listed in the corresponding Criminal Code or Code of Military Justice.
SECTION SIX: CLASSIFIED INFORMATION
ARTICLE THIRTEEN: CLASSIFIED INFORMATION
13.1 The Supreme Commander should be privy to all information gathered by the Insurrection branch.
13.2 The Director of Insurrection shall determine the availability of information regarding gathered intelligence and sources.
13.3 The Council of Moffs should be privy to all information necessary for the proper day-to-day operation of the Alignment.
13.4 The Director of Insurrection may refuse to divulge the identity of insurrection agents, the status of specific intelligence operations, and other similar items of information necessary for the security of the Pentastar Alignment if it is deemed necessary.
13.5 Any Council of Moffs member may call for a vote within the Council for such information to be divulged if it is deemed necessary. The Director of Insurrection is required to divulge such information if more than 83% of the Council of Moffs votes in favor.
SECTION SEVEN: WAR AND MILITARY
ARTICLE FOURTEEN: WAR AND MILITARY
14.1 The Commander in Chief of the Pentastar Alignment is the Supreme Commander.
14.2 The Pentastar Enforcment is authorized to use any means necessary to defend the Pentastar Alignment and implement its laws to the best of its abilities.
14.3 The Supreme Commander may call any Pentastar citizen to military service at his discretion, provided the Pentastar Alignment has entered war with a hostile government.
14.4 The Supreme Commander may issue State of Emergency according to 6.1 upon the entire territory of the Alignment, limiting travel permissions within the sovereign space and temporarily reducing citizen rights. Any foreign, non-allied individuals may be detained for the duration of the war.