User:Glide08/Sandbox/ConStAm
Constitution
of the
Confederate States of America
(Adopted unanimously by the Congress of the Confederate States of America)
(March 11, 1861)
PREAMBLE.
In humble submission to Almighty God, Who controls the destinies of peoples and nations,
Who gathered our forebears together from many lands and gave them this their own,
Who has guided them from generation to generation,
Who has wondrously delivered them from the dangers that beset them,
We, the people of the Confederate States of America, each state acting in its sovereign and independent character, do ordain and declare that we
Are conscious of our responsibility towards God and man;
Are convinced of the necessity of standing united and of pursuing the following national goals:
To form a permanent federal government,
To insure domestic tranquillity,
To uphold civilized values and norms, with recognition and protection of freedom of faith and worship,
To safeguard the integrity and freedom of our country,
To uphold the independence of the judiciary and the equality of all under the law,
To secure the maintenance of law and order,
To further the contentment and the spiritual and material welfare of all,
To respect and to protect the human dignity, life, liberty and property of all in our midst,
To respect, to further and to protect the self-determination of population groups and peoples,
To further private initiative and effective competition,
To secure the blessings of liberty to ourselves and our posterity;
Are prepared to accept our duty to seek world peace in association with all peace-loving peoples and nations; and
are desirous of giving the Confederate States of America a Constitution which provides for elected and responsible forms of government and which is best suited to the traditions, history and circumstances of our land:
Be it therefore enacted by the Congress of the Confederate States of America, as follows:—
Article I. The Confederacy.
1. Continued existence of Confederate States of America.
2. Sovereignty and authority of People.
3. Defense of the Nation.
4. Renunciation of war and international law.
5. Rearing of youth for civic efficiency.
6. Promotion of social justice.
7. Separation of Church and State.
Article II. The Bill of Rights.
8. Deprivation of life, liberty, or property without due process of law and denial of equal protection of laws.
9. Taking private property for public use.
10. Right to be secure against unreasonable searches and seizures.
11. Liberty of abode and of changing the same.
12. Privacy of communication and correspondence.
13. Right to form associations or societies.
14. Free exercise and enjoyment of religious profession and worship.
15. Freedom of speech, of press, and right of people to assemble and petition Government for redress of grievances.
16. Titles of nobility and presents, emoluments, offices, or titles from foreign states.
17. Impairing obligation of contracts.
18. Ex post facto laws and bills of attainder.
19. Imprisonment for debt or nonpayment of poll tax.
20. Existence of involuntary servitude.
21. Suspension of writ of habeas corpus.
22. Answering for criminal offense without due process of law.
23. Bail.
24. Rights in all criminal prosecutions.
25. Compelling to be witness against oneself.
26. Excessive fines and cruel and unusual punishment.
27. Multiple punishments for same offense and multiple prosecutions for same act.
28. Free access to courts.
Article III. National Flag, Seal and Anthem.
29. National Flag.
30. Design of National Flag.
31. National Seal.
32. National Anthem.
Article IV. Own affairs and General affairs.
33. Own affairs and General affairs.
34. Decision of questions on own or general nature of matters.
35. Validity of State President’s decisions on own or general nature of matters.
Article V. The State President and Vice State President.
36. The State President and his powers.
37. Election of State President.
38. Method of election.
39. Tenure of office of State President.
40. Vice State President (1) There shall be a Vice State President.
(2) The provisions of sections 37, 38 and 39 apply mutatis mutandis in respect of the election, qualifications, period of office and removal from office of the Vice State President.
(3) The Vice State President shall be the chairman of the President’s Council: Provided that he shall not act as chairman of the said council while he serves as Acting State President.
41. Vacancy in office of State President and Acting State President.
(1) Whenever the office of State President is vacant, the Vice State President shall assume office as State President for the remainder of the period of office of his predecessor with effect from the vacancy occurring.
(2) Whenever the State President is for any reason unable to perform the duties of his office, the Vice State President shall serve as Acting State President.
(3) If when the Vice State President would have assumed office as State President or served as Acting State President, the office of Vice State President is vacant or the holder of that office is unable to act, the Speaker of Congress or, if his office is vacant or he is unable to act, a person appointed by the Cabinet shall serve as Acting State President.
42. Oath of office by State President, Vice State President and Acting State President.
(1) The State President, Vice State President and any Acting State President shall when assuming office make and subscribe, in a Joint Session of the Houses, an oath of office in the following form before the Chief Justice or any other judge of the Supreme Court:
In the presence of Almighty God and in full realization of the high calling I assume as State President/Vice State President/Acting State President in the service of the Republic, I, A.B., do swear to be faithful to the Confederate States of America and do solemnly and sincerely promise at all times to promote that which will advance and to oppose all that may harm the Republic; to obey, observe, uphold and maintain the Constitution and all other Law of the Republic; to discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience; to do justice unto all; and to devote myself to the well-being of the Republic and its people.
May the Almighty God by His grace guide and sustain me in keeping this oath with honour and dignity.
So help me God.
(2) In the case of the State President the oath shall be made and subscribed by him at a formal function where the Seal of the Republic is handed over to him by the outgoing State President or Acting State President, unless he already has the Seal in his custody.
43. Salary of State President. There shall be paid to the State President out of and as a charge on the Confederate States Revenue Fund and apart from any privilege which he may enjoy, such salary and allowances as may be determined from time to time by resolution of Congress.
44. Pension payable to State President and State President’s widow or widower. (1) There shall be paid out of and as a charge on the Confederate States Revenue Fund―
(a) to any person who has at any time held the office of State President, an annual pension equal to the equal salary which was payable to him on the day upon which he vacated office;
(b) to the widow or widower of any such person, a pension at the rate of three-quarters of the rate of the pension payable to such a person.
(2) A pension in terms of subsection (1) shall be payable―
(a) in the case of the State President, with effect from the day following that upon which he vacated office;
(b) in the case of the State President’s widow or widower, with effect from the day following that upon which person became a widow or a widower.
Article VI. The Legislature.
30. The legislative power of the Republic is vested in the State President and the Congress of the Republic, which, as the sovereign legislative authority in and over the Republic, shall have full power to make laws for the peace, order and good government of the Republic in relation to matters which are general affairs.
32. (1) If during the same session of Congress―
(a) a House passes a bill and the other House rejects it or is deemed in terms of subsection (2) to have rejected it; or
(b) each of the Houses passes a different version of a bill,
the State President may during that session refer the bill or the different versions thereof which have been passed, as the case may be, to the President’s Council for its decision: Provided that the State President may withdraw the reference at any time before the President’s Council gives its decision.
(2) (a) If―
(i) the State President, by message to a House, has requested that a bill passed by the other House and introduced in the House in question or in respect of which notice of a motion for its introduction has been given in that House, be disposed of by that House before a date mentioned in the message, which may not be a date earlier than 14 days after the date of the message; and
(ii) that House has not disposed of such bill before the date mentioned in the message,
that House shall be deemed for the purposes of subsection (1) to have rejected the bill, unless the State President by like message determines otherwise within seven days after the date so mentioned.
(b) A House which has rejected a motion for the introduction of a bill shall be deemed for the purposes of subsection (1) to have rejected the bill.
(3) A bill which was referred to the President’s Council under subsection (1) and which, in terms of a decision of that Council given during the session of Congress in which the bill was so referred, is to be presented to the State President, shall be deemed to have been passed by Congress.
(4) A bill which is deemed in terms of subsection (4) to have been passed by Congress shall, when it is presented to the State President for his assent, be endorsed with the certificate of the Speaker of Congress that the bill is by virtue of a decision of the President’s Council so deemed to have been passed by Congress.
Presentation of bills. 33. (1) Every bill which― (a) has been passed by Congress; or (b) in terms of section 32 (4) is deemed to have been passed by Congress, shall be presented to the State President, and when a bill is so presented to him, he shall either approve it by signing it, or disapprove it by returning it, with his objections, to be reconsidered by Congress.
(2) Every bill which has been passed by Congress and― (a) has been signed by the State President; or (b) has been returned to Congress by the State President and subsequenty passed in a reconsidered from by not less than two-thirds of the total number of members of the Senate and the House of Representatives, shall become law and be a Confederation Act with effect from the day of its signature or of the adoption of its reconsidered form.
Questions regarding Validity of Confederation Acts. (1) (a) The Supreme Court of the Confederate States shall, subject to the provisions of section 18, be competent to inquire into and pronounce upon the question as to whether any of the provisions of any Confederation Act are in compliance with any of the provisions of this Constitution, and any provision of any any Confederation Act which is pronounced by the Supreme Court of the Confederate States not to be in compliance with any of the provisions of this Constitution shall be invalid and have no legal force. (c) Rules and orders of a House and joint rules and orders of the Houses shall not be regarded as provisions of this Constitution for the purposes of paragraph (a).
(2) Save as provided in subsection (1), no court of law shall be competent to inquire into or pronounce upon the validity of a Confederation Act.
Constitution of Congress. 37. (1) Congress shall consist of two Houses, namely, a Senate and a House of Representatives.
(2) If and for as long as any House is unable, during a session of Congress, to meet for the performance of its functions or to perform its functions―
(a) by reason of a shortfall in the number of its members, or because there are no members, as a result of the resignation of members or the fact that an insufficient number of members or no member was elected at any election of members of such House; or
(b) by reason of the absence of members, or the failure of members to take their seats or to perform the functions of their office, after the State President has by proclamation in the Gazette called upon all members of such House to be present in the chamber of such House for the performance of their functions as such members on a day and at an hour mentioned in the proclamation, and that hour and day have passed,
Congress shall consist of the House that is able to perform its functions, and if both Houses are so unable to perform their functions, the functions of Congress shall be performed by the State President, acting through the President's Council, and the provisions of this Constitution and any other law shall, in both cases, be construed accordingly.
Sessions of Congress. 38. (1) There shall be two ordinary sessions of Congress in every calendar year, namely, a winter session, which shall commence on the Wednesday following the first Tuesday on December and terminate on the Wednesday following the first Tuesday on April, and a summer session, which shall commence on the Wednesday following the first Tuesday on June and terminate on the Wednesday following the first Tuesday on October.
(2) The State President may, from time to time, by proclamation in the Gazette or otherwise, summon Congress to meet in extraordinary session to consider a given agenda.
(3) An extraordinary session of Congress shall terminate upon the agenda for which it was summoned having been dealt with, but not later than 30 days after its commencement.
Dissolution of Congress or a House. 39. (1) Every Congress shall continue for four years from the day on which its first session commences.
(2) The State President―
(a) may dissolve Congress by proclamation in the Gazette at any time; and
(b) shall so dissolve Congress or reconstitue the Cabinet if each House, during one and the same ordinary session of Congress―
(i) passes a motion of no confidence in the Cabinet within any period of 14 days; or
(ii) rejects any bill which appropriates revenue or moneys for the ordinary annual requirements or services of the executive departments for matters which are general affairs.
(3) Subject to the provisions of subsection (2), the State President―
(a) may dissolve any House by proclamation in the Gazette by proclamation in the Gazette at any time; and
(b) shall so dissolve any house if―
(i) such House passes a motion of no confidence in the Cabinet; or
(ii) such House rejects any bill referred to in subsection (1)(b)(ii); or
(iii) any circumstance contemplated in section 37(2) applies to such House.
Effect of dissolution. 40. Notwithstanding the dissolution of any House in terms of this Constitution―
(a) every person who at the date of the dissolution is a member of such House shall remain a member thereof;
(b) such House shall remain competent to perform its functions; and
(c) the State President shall have power to summon Congress or the House in question for the dispatch of business,
during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.
Constitution of the Senate. 28. (1) The Senate shall consist of so many senators as are equal to the sum of twice the number of Territories and four times the number of States in number, of whom two shall be elected from each Territory and four shall be elected from each State.
(2) The senators shall, in the case of the senators elected for the States, be elected by the sitting members of the Legislative Assembly of that State, and, in the case of the senators elected for the Territories―
(a) if a Territorial council has been established for that Territory prior to the election, whether for the first time or after prior abolition, be elected by the sitting members of that council; or
(b) if no such council has been so established, or if such a council so established has been abolished, prior to the election, be elected by the members of an electoral college consisting of twenty-five members, directly elected by the persons entitled to vote at an election of such an electoral college according to the principle of proportional representation, each voter having one transferable vote.
(3) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
Election of senators. 30. (1) The State President may make regulations in regard to the election of senators, and the Administrator of a Territory may make regulations in regard to the election of a territorial senate electoral college, including regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection with such elections.
(2) A casual vacancy in the seat of a senator shall be filled by the election of a successor for the unexpired portion of the term of office of the senator in whose stead he is elected, and in the same manner in which the last-mentioned member was elected: Provided that the State President may appoint an interim senator to hold a vacant seat until the election of a permanent replacement.
Constitution of House of Representatives. 42. (1) The House of Representatives shall consist of so many representatives as are equal to twice the number of senators in number, each of whom shall be directly elected by the persons entitled to vote at an election of representatives in an electoral division delimited as provided in section 49.
(2) The number of representatives chosen in the several States and Territories shall be in proportion to their respective populations as ascertained by the latest statistical census of the Confederate States, but one representative at least shall be chosen in each State or Territory.
(3) Until the first statistical census of the Confederate States is taken, and notwithstanding the provisions of subsections (1) and (2), the number of members of the House of Representatives to be elected as provided in subsection (1)(a) in each State and Territory, shall be as follows:―
South Carolina 6 Georgia 10 Alabama 9 Florida 2 Mississippi 7 Louisiana 6 Texas 6
Polling day at general elections. 47. (1) At any general election of representatives, whether held in pursuance of a dissolution of Congress or in pursuance of a dissolution of the House of Representatives otherwise than at a dissolution of Congress, all polls shall be taken on one and the same day in all the electoral divisions of the House of Representatives throughout the Republic, such day to be appointed by the State President.
(2) At any general election of senators, whether held in pursuance of a dissolution of Congress, in pursuance of a dissolution of the Senate otherwise than at a dissolution of Congress, or in pursuance of a retirement of senators―
(a) all polls for the election of territorial senate electoral colleges shall be taken on one and the same day in all the electoral divisions as may be established for the purpose of such election in any such Territories throughout the Republic, such day to be appointed by the State President; and
(b) the Legislative Assemblies of all States, the Territorial councils of all Territories having such councils, and the territorial senate electoral colleges elected in all other Territories, shall convene to elect the senators on one and the same day throughout the Republic, such day to be appointed by the State President.
(3) The State President shall when appointing the day in terms of subsections (1) and (2) have regard to the desirability of ensuring that all polls―
(a) at any general election of representatives;
(b) at any general election of members of the Legislative Assemblies of the States and the Territorial councils; and
(c) at any general election of members of the territorial senate electoral colleges,
shall be taken on one and the same day throughout the Republic.
(4) The day appointed by the State President in terms of subsections (1) and (2), shall be a day not more than 180 days after the dissolution of Congress or the House in question, as the case may be.
Delimitation of electoral divisions. 48. (1) At intervals of 10 years, commencing not later than three years after the commencement of this Constitution, there shall be taken, for the purposes of section 42(2), the statistical census of the Confederate States.
(2) Immediately after the commencement of this Constitution, the Supreme Court of the Confederate States shall―
(a) divide the Republic, for the purpose of the election of representatives, into the same number of electoral divisions as the number of representatives specified for each State in accordance with section 42(3), in such a manner that no electoral division is situated partly in one State and partly in another State; and
(b) divide each State, for the purpose of the election of members of the Legislative Assembly of that State, into the same number of electoral divisions as equals to twice the number of representatives specified for that State in accordance with section 42(3).
(3) Immediately after the return of each statistical census of the Confederate States, the Supreme Court of the Confederate States shall―
(a) divide the Republic, for the purpose of the election of representatives, into the same number of electoral divisions as the number of representatives determined for the several States and Territories in accordance with section 42(2), in such a manner that no electoral division is situated partly in one State or Territory and partly in another State or Territory; and
(b) divide each State, for the purpose of the election of members of the Legislative Assembly of that State, into the same number of electoral divisions as the number of members of that Legislative Assembly.
(4) In dividing the Republic and the States into electoral divisions in terms of subsection (2) or (3), as the case may be, the Supreme Court shall act in accordance with the provisions of section 49.
Method of dividing States and Territories into electoral divisions. 49. (1) For the purposes of the division of a State or Territory―
(a) into electoral divisions of the House of Representatives, the quota of the State or Territory for the House shall be obtained, subject to the provisions of subsection (4), by dividing the number of voters in the State or Territory in terms of the current voters’ lists, duly corrected up to the latest possible date, by the number of members of the House to be elected for the State or Territory in terms of section 42(2) or 42(3), as the case may be; or
(b) into electoral divisions of the Legislative Assembly of that State, the quota of the State for the Legislative Assembly shall be obtained, subject to the provisions of subsection (4), by dividing the number of voters in the State or Territory in terms of the current voters’ lists, duly corrected up to the latest possible date, by the number of members of the Legislative Assembly.
(2) A State or Territory shall be divided into electoral divisions of a House in such a manner that each such electoral division shall, subject to the provisions of subsections (3) and (4), contain a number of voters as nearly as may be equal to the quota of the State or Territory for the House.
(3) The delimitation commission shall give due consideration to―
(a) community or diversity of interests;
(b) means of communication;
(c) physical features;
(d) boundaries of existing electoral divisions;
(e) sparsity or density of population;
(f) probability of increase or decrease of population;
(g) local and administrative boundaries,
in such manner that, while taking the quota of voters as the basis of division, the commission may depart from the quota whenever it is deemed necessary, but in no case to a greater extent than 15 per cent more or 15 per cent less than the quota: Provided that in the case of an electoral division with an area of 25 000 square kilometres or more, the commission may reduce the number of voters to a number equal to 70 per cent of the quota.
Powers and duties of delimitation commission. 50. (1) A delimitation commission, having delimited the electoral divisions of a House, shall submit to the State President―
(a) a list of the electoral divisions, with the names given to them by the commission and a description of the boundaries of each division;
(b) a map or maps showing the electoral divisions into which the provinces have been divided;
(c) such further particulars as it considers necessary.
(2) The State President may refer to the commission for its consideration all matters relating to such list or arising out of the powers or duties of the commission.
(3) The State President shall by proclamation in the Gazette make known the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a redivision, the electoral divisions so named and defined shall be the electoral divisions of the House in question in the Republic and the provinces.
(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description or, if the description has been amended in terms of subsection (5), the description as so amended shall prevail.
(5) (a) If the commission is satisfied that any such discrepancy as aforesaid is due to an error in the description of the boundaries of any electoral division, it shall in writing inform the State President accordingly, and submit an amendment of the relevant description, correcting the error and certified by the commission, to the State President, unless the period allowed in terms of paragraph (c) for such an amendment has expired.
(b) Subject to the provisions of paragraph (c), the State President shall by proclamation in the Gazette make known any amendment submitted to him in terms of paragraph (a), and thereafter, until there shall be a redivision, the boundaries as so amended shall be the boundaries of the electoral division in question, notwithstanding the provisions of subsection (3).
(c) No description of the boundaries of any electoral division shall be amended under this subsection after the date on which the proclamation in respect of the first general election for members of the House in question held after the completion of the relevant redivision is published in the Gazette in terms of section 34 of the Electoral Act, 1979.
(6) (a) The State President may by proclamation in the Gazette alter the name of any electoral division as made known under subsection (3).
(b) The name given to any electoral division under paragraph (a) shall, notwithstanding the provisions of subsection (3), be the name of that electoral division until there shall be a redivision.
Date from which alteration of electoral divisions takes effect. 51. Any alteration in the number of members of a House to be elected in the several provinces, and any redivision of the provinces into electoral divisions of a House, shall come into operation at the next general election of directly elected members of the House in question held after the completion of the redivision or of any allocation consequent upon such alteration, and not earlier.
Franchise. 52. Every citizen of the Confederate States who is of or over the age of 21 years shall, on compliance with and subject to the provisions of any law on that behalf (including any disqualifications as may be established thereby), be entitled to vote at any election of representatives and members of the Legislative Assemblies of the States, the Territorial councils, and the territorial senate electoral colleges, in the relevant electoral division.
Qualifications of members of legislative bodies. 53. No person shall be qualified to be a member of a House, a Legislative Assembly of a State, a Territorial council, or a territorial senate electoral college, as the case may be, under this Constitution unless he―
(a) is qualified to be included as a voter in any list of voters; and
(b) has resided for five years within the limits of the Republic.
Disqualifications for membership of legislative bodies. 54. No person shall be capable of being elected or nominated or of sitting as a member of a House, a Legislative Assembly of a State, a Territorial council, or a territorial senate electoral college, if he―
(a) has at any time been convicted of any offence for which he has been sentenced to imprisonment without the option of a fine for a period of not less than twelve months, unless he has received a grant of amnesty or a free pardon, or unless the period of such imprisonment expired at least five years before the date of his election or nomination; or
(b) is an unrehabilitated insolvent; or
(c) is of unsound mind, and has been so declared by a competent court; or
(d) is an officer or other employee in the service of any institution, council or body contemplated in section 84 (1) (f) of the previous Constitution; or
(e) holds any office of profit under the Republic: Provided that the following persons shall be deemed not to hold an office of profit under the Republic for the purposes of this paragraph, namely—
(i) a Minister of the Republic or a deputy to such Minister;
(ii) a person in receipt of a pension from the Republic;
(iii) an officer or member of the Armed Forces of the Confederate States;
(iv) a member of any council, board, committee or similar body established by or under any law who receives no payment in respect of his services on such council, board, committee or body in excess of an allowance at a rate not exceeding the amount determined by the Minister of Finance by notice in the Gazette from time to time for each day on which he renders such services, any reimbursement of travelling expenses and subsistence expenses incurred by him in the course of such services and an allowance in respect of entertaining by him in connection with such services;
(v) a member of a commission of inquiry or a committee of inquiry appointed by the State President, the Governor of a State or the Administrator of a Territory, or a member of a Select Committee of a House, or a member of a committee of Congress, of a Legislative Assembly of a State, or of a Territorial council.
Vacating of seats in legislative bodies. 55. (1) A member of a House, a Legislative Assembly of a State, a Territorial council, or a territorial senate electoral college shall vacate his seat if he―
(a) becomes subject to any disability mentioned in section 54; or
(b) ceases to be qualified as required by law.
(2) A member of a House, a Legislative Assembly of a State, a Territorial council, or a territorial senate electoral college who is elected, designated, nominated or appointed as―
(a) State President;
(b) Vice State President;
(c) a Governor of a State;
(d) an Administrator of a Territory; or
(e) a member of the President’s Council,
shall vacate his seat as such a member with effect from the date on which he becomes the holder of such an office.
(2) A member of a House who is elected as a member of―
(a) the other House; or
(b) a Legislative Assembly of a State; or
(c) a Territorial council,
shall vacate his seat as a member of the first such House with effect from the date on which he becomes a member of the other such House, Assembly or council.
(3) A member of a Legislative Assembly of a State who is elected as a member of―
(a) a House; or
(b) the Legislative Assembly of another State; or
(c) a Territorial council,
shall vacate his seat as a member of the first such Assembly with effect from the date on which he becomes a member of the other such House, Assembly or council.
(4) A member of a Territorial council who is elected as a member of―
(a) a House; or
(b) a Legislative Assembly of a State; or
(c) another Territorial council,
shall vacate his seat as a member of the first such council with effect from the date on which he becomes a member of the other such House, Assembly or council.
Penalty for sitting or voting when disqualified. 56. Any person who is by law incapable of sitting as a member of a House and who, while so incapable and knowing or having reasonable grounds for knowing that he is so incapable, sits or votes as a member of the House in question, shall be liable to a penalty of $200 for each day on which he so sits or votes, which may be recovered on behalf of the Treasury of the Republic by action in the Supreme Court of the Confederate States.
Oath. 57. Every member of a House shall, before taking his seat, make and subscribe before the Chief Justice, any other judge of the Supreme Court, the Speaker of Congress or the Chairman of the House in question an oath in the following form:
I, A.B., do swear to be faithful to the Confederate States of America and solemnly promise to perform my duties as a member of the Senate/House of Representatives to the best of my ability.
So help me God.
Speaker of Congress. 58. (1) The head of the legislative authority of the Republic shall be the Speaker of Congress.
(2) The Speaker of Congress shall be the Speaker of each of the respective Houses and shall preside at a meeting of a House whenever he deems it necessary or desirable.
(3) The Speaker shall, when presiding at a meeting of a House, be vested with all the powers, duties and functions of the Chairman of the House in question, in so far as they are consistent with any functions assigned to the Speaker by rules and orders approved by both Houses.
58. (1) An electoral college referred to in subsection (1) of section 7 shall, after having elected a State President at a meeting called in accordance with the provisions of subsection (3) (a) or (b) of that section or those provisions as applied by subsection (7) of section 8, proceed to elect a Speaker of Parliament, who shall be a member of a House.
(2) The provisions of sections 7 and 8 shall apply mutatis mutandis and subject to the provisions of subsection (4) of this section in respect of the election of a Speaker.
(3) (a) The Speaker shall hold office until his successor is elected in terms of subsection (1), but shall be eligible for re-election.
(b) The Speaker shall cease to hold office if he ceases to be a member of the House of which he was a member at the time of his election as Speaker, and may resign his office or his seat by lodging his resignation in writing with the Chief Justice.
(c) The provisions of subsection (3) of section 9 shall apply mutatis mutandis to the Speaker, but for the purpose of such application the words “every Chairman of a House” shall be deemed to have been substituted for the words “the Speaker of Parliament” in paragraph (d) of that subsection.
(4) (a) When the Speaker is for any reason unable to perform the functions of his office, he shall designate a member of a House to perform those functions as Acting Speaker during his absence or inability.
(b) If the Speaker is unable to designate an Acting Speaker under paragraph (a) or when the office of Speaker is vacant and there is no Acting Speaker so designated, the State President shall designate a member of a House to perform the functions of the Speaker during his absence or inability or, notwithstanding the provisions of section 7 (3) (c) as applied by subsection (2) of this section but subject to the provisions of paragraph (c) of this subsection, until a Speaker is elected.
(c) If the office of Speaker is vacant, the functions of that office may not during a session of Parliament be performed by an Acting Speaker for longer than a month unless it is the last session before a dissolution of Parliament, or a session contemplated in section 40.
59. Election of Speaker.
38. Method of election.
39. Tenure of office of Speaker.
Chairmen of Houses. 60. (1) Every House shall at its first meeting, before proceeding to the dispatch of any other business, elect a member to be the Chairman of the House, and, as often as the office becomes vacant, the House shall again elect a member to be the Chairman.
(2) The Chairman of a House shall cease to hold office if he ceases to be a member of the House in question and may be removed from office by resolution of that House, and may resign his office or his seat by lodging his resignation in writing with the Speaker of Congress.
(3) Before or during the absence of its Chairman, a House may elect a member to perform his functions during his absence.
Quorums. 61. To constitute a meeting of a House for the exercise of its powers, the presence shall be necessary of at least half of the members of that House.
Voting in Houses. 62. All questions in a House shall be determined by a majority of votes of members present other than the Chairman or the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.
Rules of Procedure. 63. A House may make rules and orders in connection with the order and conduct of its business and proceedings.
Joint committees and rules and orders. 64. (1) In this section―
(a) “joint committee” means a committee consisting of members of each of the Houses;
(b) “joint rules and orders” means rules and orders approved by each of the Houses as joint rules and orders in connection with the order and conduct of―
(i) the business and proceedings of each in connection with joint committees or a particular joint committee; or
(ii) the business and proceedings of joint committees or a particular joint committee;
(c) “standing committee” means a joint committee which, in terms of joint rules and orders applicable to it, is established for the duration of the Congress concerned and is competent to exercise or perform some or all of its powers, duties and functions also while Congress is prorogued.
(2) Joint rules and orders may provide for any or all of the following matters, namely―
(a) the establishment of standing committees;
(b) the constitution of any such committee, including its chairmanship and the representation of political parties, including opposition parties, in such committee;
(c) the manner in which and the circumstances under which any matter may be referred to any such committee;
(d) the powers, duties or functions of any such committee in connection with a matter referred to it;
(e) the manner in which any such committee may make any decision;
(f) the submission of any proposal to any such committee by a member of a House who is not a member of the committee;
(g) the operation of a decision of any such committee on a matter referred to it, in relation to any further business and proceedings of a House in connection with that matter;
(h) the order and conduct generally of the business and proceedings of any such committee,
but the preceding provisions of this subsection shall not be construed as defining or limiting in any manner the matters or any matter that may be dealt with or provided for in joint rules and orders or as requiring any matter to be dealt with or provided for in such rules and orders.
(3) Joint rules and orders shall provide for at least one standing committee on bills.
Powers of Ministers and their deputies in Houses. 65. A Minister, and any deputy to a Minister, has the right to sit and to speak in any House, but may only vote if he is a member of a House and only in the House of which he is a member.
Joint sittings of Houses.
67. (1) A joint sitting of the Houses shall be called by the State President by message to the Houses.
(2) The State President may call such a joint sitting whenever he deems it desirable, and shall call such a joint sitting if requested to do so by all three Houses.
(3) The Speaker of Congress shall preside at such a joint sitting.
(4) The Speaker shall determine the rules and orders for the order and conduct of the proceedings of such a joint sitting.
(5) No resolution shall be adopted at any such joint sitting.
Article V. The Executive.
19. Executive authority.
(1) The executive authority of the Republic is vested in the State President, and extends to the execution and maintenance of this Constitution and to all matters which are general affairs.
(2) Save where otherwise expressly stated or necessarily implied, any reference in this Constitution to the State President shall be deemed to be a reference to the State President acting in consultation with the Cabinet.
The Cabinet. 20. (1) The Cabinet shall consist of―
(a) the State President, who shall preside at its meetings;
(b) the Ministers appointed under section 23 for the time being holding office, whether or not appointed to administer executive departments for matters which are general affairs.
(2) The State President shall designate a Minister who, at the time of the designation, in the opinion of the State President has the support of the majority in both Houses of Congress, as the Prime Minister.
Confirmation of executive acts of State President. 23. (1) The will and pleasure of the State President as head of the executive authority of the Republic shall be expressed in writing under his signature.
(2) Any instrument signed by the State President acting in consultation with the Cabinet shall be countersigned by a Minister.
Appointment of Ministers. 24. (1) The State President may appoint as many persons as he may from time to time deem necessary to administer such executive departments for matters which are general affairs as the State President may establish, or to perform such other functions as the State President may determine.
(2) Persons appointed under subsection (1) shall hold office during the State President’s pleasure and shall be the Ministers of the Republic.
(3) A Minister shall before assuming his duties make and subscribe an oath before the Chief Justice or any other judge of the Supreme Court in the following form:
I, A.B., do hereby swear to be faithful to the Confederate States of America and undertake before God to honour this oath; to hold my office as Minister with honour and dignity; to respect and uphold the Constitution and all other Law of the Republic; to be a true and faithful counsellor; not to divulge directly or indirectly any matters which are entrusted to me under secrecy; and to perform the duties of my office conscientiously and to the best of my ability.
So help me God.
Temporary performance of Minister’s functions of office by another Minister. 25. Whenever a Minister is for any reason unable to perform any of the functions of his office, or whenever any Minister has vacated his office and a successor has not yet been appointed, the State President may appoint any other Minister to act in the said Minister’s stead or office, either generally or in the performance of any specific function.
Assignment of powers, duties and functions of one Minister to another. 26. The State President may assign the administration of any provision in any law which entrusts to a Minister any power, duty or function, to any other Minister―
(a) either specifically or by way of a general assignment of the administration of any law or of all laws entrusting powers, duties or functions to such first-mentioned Minister; and
(b) either generally or in so far as such provision, law or laws relate to any population group or matter mentioned in such assignment.
Appointment and functions of Deputy Ministers. 27. (1) (a) The State President may, subject to subsection (2), appoint any person to hold office during the State President’s pleasure as Deputy Minister of any specified executive department for matters which are general affairs or Deputy Minister of such other description as the State President may determine, and to exercise or perform on behalf of a Minister any of the powers, functions and duties entrusted to such Minister in terms of any law or otherwise which may, subject to the directions of the State President, be assigned to him from time to time by such Minister.
(b) Any reference in any law to a deputy to a Minister shall be construed as including a reference to a Deputy Minister appointed under this subsection, and any such reference to a Minister shall be construed as including a reference to a Deputy Minister acting in pursuance of an assignment under paragraph (a) by the Minister for whom he acts.
(2) A Deputy Minister shall before assuming his duties make and subscribe an oath, in the form prescribed in section 24 (4) but with reference to his office as Deputy Minister, before the Chief Justice or any other judge of the Supreme Court.
(3) Whenever any Deputy Minister is for any reason unable to perform any of the functions of his office, the State President may appoint any other Deputy Minister or any other person to act in the said Deputy Minister’s stead, either generally or in the performance of any specific function.
Power to appoint and discharge persons. 28. The appointment and removal of persons in the service of the Republic shall be vested in the State President, unless the appointment or removal is delegated by the State President to any other authority or is in terms of this Constitution or any other law vested in any other authority.
Schedule 1. Subjects referred to in section 33.