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[Draft] Kazmr's Constitution
Topic Started: May 3 2015, 08:48 PM (570 Views)
Kazmr May 3 2015, 08:48 PM Post #1
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Lazarene
 Note that this constitution doesn't include a theme because it isn't meant to be tied to one. It explicitly includes language that allows the Legislature to set a theme. I have also, in quotes after each article, included 'annotations' to give my reasoning and any potential alternative versions

Article I - On Citizenship

1. Any person may apply for citizenship in Lazarus on the official forum by providing their current nation in the region, their current World Assembly nation, and by swearing an oath of citizenship to be determined by the Legislature.
2. Nations who have held a World Assembly nation in Lazarus for more than a year consecutively, who are endorsing the delegate, and who have not been convicted of a crime are also entitled to the rights of citizenship. They may exercise voting rights either on the forum or through telegraming the speaker of the Legislature or another nation so designated.
-A. Nations exercising citizenship rights through this method may only run for elected office if they have an account on the official forum.
3. The delegate shall have the power to approve or reject applications for citizenship on the forum. An explanation for rejection must be posted at the time of the decision in the Legislature. The Legislature may override such rejections with a 2/3 majority vote.
-A. Should the delegate be unable to process citizenship applications, they may publicly designate a citizen with forum administrator privileges to do so. In this instance, approvals may also be overturned by the Legislature with a 2/3 majority vote.
-B. Should neither the delegate nor a designated individual approve a citizenship application within two weeks, the Legislature may approve it with a simple majority.
4. Citizenship may be voluntarily forfeited. Citizenship is also lost 24 hours after the following circumstances:
-A. A citizen's nation leaves Lazarus and does not return.
-B. A citizen's nation ceases to exist.
-C. A citizen under Section 1 does not log in to the regional forum for a period of 28 days.
-D. A citizen is convicted of a criminal offense whose punishment is set by the courts as loss of citizenship.
5. A citizen may not lose their citizenship for any reason not enumerated in this article.

Quote:
 
Most of this article is I think fairly straight forward, so I am only going to comment on certain aspects.

Section 2 is, of course, part of my proposal to grant rights to longtime residents of the region. I sincerely want to see this happen, and am happy to provide publicly visible code to facilitate it. However, I understand that many may not wish it to be, and thus if it faces serious opposition I will grant that it can be removed should the rest of my draft be appealing.

I included Section 2.A because that was common practice under the PRL, and I think it was a good one. Extra provisions included in it include the assembly being able to vote in both approval and rejection, since the individual was unelected and thus needs more checks, and that they must be a citizen themselves and not just an outside admin.

The subsections to Section 4 were listed as '24 hours' to clear up an ambiguity I recently saw in TSP. On one hand I want to draw a clear line so that, say, someone's citizenship masking isn't removed when they technically should have been and they all of the sudden come back to vote, it is clear that they were ineligible. The 24 hour window is a safety measure. We wouldn't want someone to accidentally move a nation and immediately technically forfeit citizenship.


Article II - On the Rights of the People

1. All residents of Lazarus, hereafter referred to as persons, are entitled to equal protection under the law.
2. All persons are guaranteed freedom of speech and peaceful association and assembly.
3. Access to the regional forum and message board shall not be infringed for reasons beyond violation of the law or terms of service.
4. No persons, save those who violate site terms of service or whose easily identifiable purpose is the distribution of spam, shall be banned from the region or the forum save by the decision of the Judiciary following a publicly visible criminal trial.
5. All persons are guaranteed the right to defend themselves or designate an attorney in a trial.
6. All persons are guaranteed the right to a swift and fair trial, and they may not be forced to incriminate themselves.
7. All persons are guaranteed the freedom to manage their nation's domestic affairs in the method they see fit, including World Assembly voting and endorsements.
8. All nations shall be permitted to maintain the following endorsements counts. The legislature may establish a higher cap or revert a cap to the following by simple majority vote.
A. 30 for all residents of Lazarus.
B. 50 for nations endorsing the delegate.
C. 70, or 60 fewer than the delegate, whichever is higher, for citizens by forum application or extended residency.
9. No person shall be tried ex-post-facto.

Quote:
 
Again, I think most of these rights are fairly clear.

I list 'peaceful association' in Section II so as not to contradict a section in the military article below.

If there are any essential rights you think missing, let me know and they can be added.


Article III - On the Legislature

1. The Legislature shall consist of all citizens and is the supreme governing authority of Lazarus.
2. The Legislature may approve, amend, or repeal laws by a simple majority vote.
3. The Legislature may approve, reject, or repeal treaties with foreign powers negotiated by the executive by a simple majority vote, unless a treaty contains a clause pertaining to its method of termination.
4. The Legislature shall have the sole power to amend the Constitution and may do so with a 2/3 majority vote.
5. The Legislature shall have the power to recall any official of the government with a simply majority vote, or with a 2/3 majority vote for elected officials or those approved by the legislature.
6. The Legislature may adopt its own procedural rules, and may do so with a simple majority vote.
7. The Legislature shall elect a speaker every four months who shall oversee the execution of procedural rules, organize votes, and facilitate discussion.
8. The Legislature is responsible for establishing a legal code.
9. The legislature may establish a Regional Theme with a 2/3 majority vote. A Theme may introduce descriptive terms for the names of offices and bodies included in this document, but shall not be construed to change the meaning of any articles or sections.
10. The speaker may appoint deputies to aid in their duties as enumerated in the Legislature's procedural rules
11. A majority shall be determined only from the citizens who cast a vote or officially declare abstention.

Quote:
 
Again, a lot of this is basic procedural stuff. Not really anything radical here I suppose that needs specific commenting.

The only bit maybe in recalls. Essentially this gives the legislature the power to remove anyone appointed with a simply majority, but the speaker of the legislature, endorsees, judges, the delegate, and cabinet officials require a 2/3 majority.


Article IV - On the Executive

1. The chief executive of the region shall be the Delegate, who shall hold the seat in the region barring matters of security.
2. The delegate shall be elected every four months and may only serve two terms consecutively.
3. A Vice-Delegate shall also be elected independently of the delegate whose sole duty, unless others are created by law, is finish the Delegate's term should the sitting delegate be removed, leave the region, or cease to exist. The Vice-Delegate shall be responsible for
4. The delegate may appoint members of their cabinet, who must be confirmed by a simply majority vote in the legislature.
5. The cabinet shall consist of at least the General of the Army of the Lazarene Liberation Army, a Minister of Internal Affairs, and a Minister of Foreign Affairs. Other cabinet-level ministries may be created by the legislature.
6. The legislature may pass laws regulating the business of the ministries.
7. The delegate shall have the ability to veto statutory laws passed by the legislature within one week of passage. A veto may be overturned by a 2/3 majority of the legislature.

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I went with the four month terms as that had a plurality of the vote Gulliver took.

I chose to designate three ministries that I see as essential for the effective functioning of the region.


Article V - On the Judiciary

1. The Judiciary shall be composed of at least three justices, though more may be established by law.
2. Justices may not serve as cabinet officials or as the speaker of the Legislature.
3. Justices shall serve four month terms and are appointed by a 2/3 majority vote in the legislature.
4. Should a Justice be vacant the legislature shall appoint an individual to serve the remainder of their term by a 2/3 majority vote.
5. The Judiciary shall try all civil and criminal cases and determine the constitutionality of laws, treaties, and government policies by a majority vote of its membership.
6. The procedural rules of the Judiciary shall be established by the Legislature.
7. The Judiciary shall elect a Chief Justice from amongst its membership by majority vote.
8. The Chief Justice shall be responsible for overseeing the administration of the Judiciary's business and procedures.

Quote:
 
Nothing special here, basically copied from others, since I'm not really experienced in judicial matters.


Article VI - On Security

1. Up to three Endorsees shall be responsible for maintaining security in the region.
2. Endorsees shall hold an endorsement count below the Vice-Delegate, and are permitted to go beyond the cap established in Article II.
3. Endorsees shall be appointed by a 2/3 vote in the Legislature, and may not be a member of the delegate's cabinet.
4. Endorsees shall have their position confirmed by the Legislature every three months.
5. Endorsees shall be responsible for removing the delegate should they be removed by vote of the legislature.

Quote:
 
I included the prohibition on being a member of the cabinet in order to separate security from being entirely the prerogative of the executive, and because the Vice-Delegate effectively acts as a fourth endorsee.

In want them to be confirmed by the legislature but not necessarily elected so that on one hand they can be overseen, but that there isn't unnecessary disruption preventing them from gaining the necessary influence.


Article VII - On War and Military Affairs

1. The Lazarene Liberation Army shall be the only military organization based in Lazarus.
2. Citizens of Lazarus are permitted to serve in foreign militaries provided they are not currently in a state of war against the region. The Lazarene Liberation Army may decide to exclude further foreign military organizations from its ranks.
3. The General of the Army shall be the operational commander of the Lazarene Liberation Army and shall serve on the Delegate's cabinet.
4. The General of the Army must be an active duty officer in the Lazarene Liberation Army.
5. The Lazarene Liberation Army shall have two classes of ranks. These shall be officers and enlisted personnel.
A. Active officers of the People's Republic of Lazarus' Lazarene Liberation Army shall, upon the adoption of this Constitution, become officers of the Lazarene Liberation Army.
B. Officers may establish further ranks within either class by simple majority vote and determine the method of reaching each rank and of promotion to officer status.
6. The General of the Army may dismiss any member of the Lazarene Liberation Army. This may be overridden by a two/thirds majority vote of existing officers at the time of dismissal.
A. Loss of citizenship shall result in dismissal from the Lazarene Liberation Army and forfeiture of an officer commission.
7. Votes among officers shall be tallied based on the number of officers voting.
8. The General of the Army may accept applications to join the Lazarene Liberation Army as an enlisted member.
9. Lazarus shall enter a state of war with a foreign region or organization following a simply majority vote in the legislature or a declaration of war being received by the Delegate.
10. The Lazarene Liberation Army may not raid outside of Warzone regions or regions involved in an ongoing war with Lazarus.

Quote:
 
Section 2 has been changed to provide the military with further powers to ensure that those who aren't contrary to its current operations don't get access to its information.

Section 4 was introduced to ensure that the commander of the LLA wasn't entirely up to the whim of politics, in that a total outsider couldn't be brought in, but as a cabinet member they still must be confirmed by the legislature and nominated by the delegate.

Section 5 deals with the rank nitty gritty of the organization. I chose to put the power for ranks themselves in the hands of officers rather than the legislature as they are the ones handling the day to day operations. I would envision them establishing something along the lines of a quota system as far as operations go, with perhaps promotion to officer having a slightly separate requirement (demonstrated leadership ability or something like that).

Section 6 allows the general of the army to dismiss anyone from the military but also provides a check within with a high threshold.

From there it is fairly clear, or unchanged from the former version.


Previous version
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Article VIII - On the Forum and Flag

1. The regional forum shall be located at http://nslazarus.com/archive/NSLazarus/index/
2. The administration of the forum outside matters covered in the Constitution shall be the prerogative of its administrators.
3. The regional flag shall be located at (INSERT HERE). It may be changed for a period of up to a week at a time for cultural events.

Quote:
 
Not really much to say here
Edited by Kazmr, May 5 2015, 04:01 AM.
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Replies:
Funkadelia May 6 2015, 02:29 AM Post #31
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 Either way Kazrm, it's still a hard endorsement cap :P
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Kazmr May 6 2015, 02:50 AM Post #32
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Lazarene
 What about something like replacing the existing levels with some percent value? Still incentivize endorsing the delegate and whatnot, but not a hard number?
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The New Roman Nation Legion May 6 2015, 04:55 AM Post #33
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Kazmr
May 6 2015, 02:50 AM
What about something like replacing the existing levels with some percent value? Still incentivize endorsing the delegate and whatnot, but not a hard number?
I like this, but the best defense will really be making sure that we don't get invaded. So it'll be up to Funk to keep an eye out, as well the military and people in intelligence to discover attacks before they happen.
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Kazmr May 6 2015, 06:31 AM Post #34
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Lazarene
 I have finished what I hope to be a final draft of my constitution with a lot of help from Gulliver and by incorporating the suggestion on the endorsement cap. Gulliver helped clean up the wording a lot, shifted some things around to where they were more appropriate, and provided the article on elected offices which helps consolidate procedures that were scattered throughout the document.

Note that this constitution doesn't include a theme because it isn't meant to be tied to one. It explicitly includes language that allows the Legislature to set a theme. I have also, in quotes after each article, included 'annotations' to give my reasoning and any potential alternative versions

Preamble

The nations, resident in the region formerly called the Peoples' Republic of Lazarus, hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state by the name of "The Republic of Lazarus".

Article I - On Citizenship

1. Any person may apply for citizenship on the Regional forum by providing their current nation in the region, their current World Assembly nation, and by swearing an oath of citizenship established by law.
2. Any person who have held a World Assembly nation in Lazarus for more than a year consecutively, who are endorsing the delegate, and who have not been convicted of a crime shall be considered a citizen. They may exercise their voting rights either on the forum or through telegramming the Speaker of the Legislature or another nation so designated.
3. Any person who was a citizen of the People's Republic of Lazarus upon its dissolution shall be a citizen.
4. The delegate shall have the power to approve or reject applications for citizenship on the forum. The Delegate must post an explanation for rejection immediately in the Legislature. The Legislature may overturn such rejections with a two-thirds majority vote.
-A. Should the delegate be unable to process citizenship applications, they may publicly designate a citizen with forum administrator privileges to do so. Approvals by an appointed individual may also be overturned by the Legislature with a 2/3 majority vote.
-B. Should neither the delegate nor a designated individual approve a citizenship application within two weeks, the Legislature may approve it with a simple majority.
5. Citizens shall forfeit their citizenship if they voluntarily renounce it, their nation in Lazarus voluntarily leaves the region or ceases to exist, or the Court Judiciary finds them guilty of a criminal offense and revokes their citizenship as punishment. Citizens who applied for citizenship on the Regional Forum shall forfeit their citizenship if they do not log onto it for twenty-eight days.
6. Citizens may not lose their citizenship for any reason not enumerated in this article.


Article II - On the Rights of the People

1. All persons are entitled to equal protection under the law.
2. All persons are guaranteed freedom of speech, petition, peaceful association and assembly so long as their exercise does not violate the rules of NationStates or the Regional Forum's terms of use.
3. All persons are guaranteed access to the Regional Forum to the extent necessary to exercise their other rights. Access to the Regional Forum may not be infringed except for violations of its terms of service or the law.
4. No person may be banned or ejected from the region without being publicly charged with a crime unless they have violated the rules of NationStates or the policies of the Regional Message Board.
5. No person may be banned from the Regional Forum without being publicly charged with a crime unless they have violated its terms of use.
6. All persons are guaranteed the right to fair representation in a criminal trial and may not be forced to incriminate themselves.
7. All persons are guaranteed the freedom in their nations' domestic affairs, including World Assembly votes and endorsements.
8. All nations shall be permitted to maintain the following endorsements counts.
A. 30% of the Vice-Delegate's endorsement count for all residents of Lazarus.
B. 60% of the Vice-Delegate's endorsement count for nations endorsing the delegate.
C. 70% of the Vice-Delegate's endorsement count for citizens by forum application or extended residency.
D. The legislature may establish a higher cap or revert a cap to the following by simple majority vote.
E. In periods of transfer of the office of Vice-Delegate, this cap shall be calculated from the endorsee with the highest endorsement count.
9. No person may be declared guilty of a crime by law or tried for a crime retroactively.
10. No person shall be considered necessarily deprived of any rights not enumerated here.


Article III - On the Legislature

1. The Legislature shall consist of all citizens and and shall be the supreme governing authority of Lazarus.
2. The Legislature may enact, amend, or repeal laws by a simple majority vote.
3. The Legislature may ratify or repeal treaties with foreign powers negotiated by the executive by a simple majority vote, unless the treaty specifies its method of termination.
4. The Legislature shall have the sole power to amend this Constitution with a two-thirds majority vote.
5. The Legislature shall have the power to recall any official of the government with a simply majority vote, or with a 2/3 majority vote for elected officials or those approved by the legislature.
6. The Legislature may adopt its own procedural rules, and may do so with a simple majority vote.
7. The Legislature shall elect a Speaker to oversee its business.
8. The speaker may appoint deputies to aid them in their duties.
9. The legislature may establish a regional theme by a two-thirds majority vote. The theme may establish names for the offices and bodies prescribed by this Constitution, but such names shall not be construed as changing this Constitution's meaning.
10. The result of any vote of the Legislature shall be determined by counting only citizens who have voted, excluding any abstentions.


Article IV - On the Executive

1. The Delegate shall serve as the chief executive officer of the region.
2. The Delegate shall control the on-site delegacy of the region, and shall exercise its powers only as required or permitted by law.
3. No person may serve more than two consecutive terms as Delegate.
4. The Delegate shall have a Cabinet of ministers to aid them in their duties.
5. The Delegate shall nominate ministers and the Legislature may confirm such nominees by a majority vote.
6. The cabinet shall consist of the General the Army, the Minister of Internal Affairs and the Minister of Foreign Affairs. Additional ministries may be established by law.
7. The Legislature may pass laws regulating the business of the ministries.
8. The Delegate may veto a proposals of the Legislature to enact, amend or repeal a law within a week of its passage. The Legislature may overturn such a veto by a two-thirds majority vote.


Article V - On the Judiciary

1. The Judiciary shall be composed of at least three justices, though a greater number may be established by law.
2. Justices may not hold an elected office or serve as ministers of the Cabinet.
3. The Delegate shall nominate justices and the Legislature may confirm such nominees by a two-thirds majority vote.
4. Once confirmed justices shall serve for a term of four months.
5. The Judiciary shall try all civil and criminal cases and determine the constitutionality of laws, treaties, and government policies.
6. The Judiciary shall make its rulings by a majority vote of its membership.
6. The procedural rules of the Judiciary shall be established by law
7. The Judiciary shall elect a Chief Justice to oversee its business from amongst its membership by majority vote.


Article VI - On Security

1. The Vice Delegate shall seek to hold the second most endorsements in the region.
2. If the office of Delegate is vacant or the Delegate is absent, the Vice Delegate shall assume the duties of the Delegate.
3. Any citizen who meets the influence and endorsement requirements established by law may apply to be an endorsee. The Legislature may approve an applicant by a two-thirds majority vote.
4. Endorsees shall maintain endorsement counts below that of the Vice Delegate, but may exceed any endorsement cap established by law.
5. A line of succession beyond the Vice Delegate among the Endorsees may be established by law.
6. The Legislature shall vote on confidence in the Endorsees every four months. Any endorse who does not receive the confidence of a majority shall be recalled.
7. Endorsees shall maintain regional security under the direction of the Vice Delegate and enforce decisions of the Legislature to remove the Delegate.


Article VII - On War and Military Affairs

1. The Lazarene Liberation Army shall be the sole military organization based in Lazarus.
2. Citizens of Lazarus are permitted to serve in foreign militaries provided they are not currently in a state of war against the region. The Lazarene Liberation Army may decide to exclude further foreign military organizations from its ranks.
3. The General of the Army shall be the operational commander of the Lazarene Liberation Army and shall serve on the Delegate's cabinet.
4. The General of the Army must be an active duty officer in the Lazarene Liberation Army, unless no officers are willing to serve or have passed confirmation by the legislature.
5. The Lazarene Liberation Army shall have two classes of ranks. These shall be officers and enlisted personnel.
A. Active officers of the People's Republic of Lazarus' Lazarene Liberation Army shall, upon the adoption of this Constitution, become officers of the Lazarene Liberation Army.
B. Officers may establish further ranks within either class by simple majority vote and determine the method of reaching each rank and of promotion to officer status.
6. The General of the Army may dismiss any member of the Lazarene Liberation Army. This may be overridden by a two/thirds majority vote of existing officers at the time of dismissal.
A. Loss of citizenship shall result in dismissal from the Lazarene Liberation Army and forfeiture of an officer commission.
7. Votes among officers shall be tallied based on the number of officers voting.
8. The General of the Army may accept applications to join the Lazarene Liberation Army as an enlisted member.
9. Lazarus shall enter a state of war with a foreign region or organization following a simply majority vote in the legislature or a declaration of war being received by the Delegate.
10. The Lazarene Liberation Army may not raid outside of Warzone regions or regions involved in an ongoing war with Lazarus.


Article VIII - On Elected Offices

1. The Speaker, Delegate and Vice-Delegate shall be considered elected offices.
2. Elections for elected offices shall be held every four months.
3. Any person who is a citizen at the beginning of nominations for an election may vote in it. Any citizen who is has registered on the Regional Forums at the beginning of nominations for an election may stand as a candidate in it.
4. Voters shall cast their ballots for a single candidate. If a candidate has a majority of votes, they shall be elected to the office. If no candidate has a majority of votes, a run-off shall be held between the two candidates with the most votes. The candidate with the most votes in the run-off shall be elected to the office.

Article IX - On the Forum and Lazarene Symbols

1. The regional forum shall be located at http://nslazarus.com/archive/NSLazarus/index/
2. The administration of the forum in matters not addressed in the Constitution shall be the prerogative of its administrators.
3. The regional flag shall be the image located at (INSERT HERE). It may be changed for a period of up to a week at a time for cultural events.
4. The symbol of Lazarus shall be the phoenix.
Edited by Kazmr, May 6 2015, 08:31 PM.
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Harmoneia May 6 2015, 09:20 AM Post #35
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Mhysa
 Splendid. I was just wondering, however, if the phoenix could be a staple, at least in the flag, or an additinal preamble.
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Ravania May 6 2015, 02:13 PM Post #36
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Sensei of Rebirth
 As Harmie said, I think any theme can be used but the phoenix as a symbol should be carved in stone.
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Kazmr May 6 2015, 04:07 PM Post #37
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Lazarene
 We could maybe include it in that final article?
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Harmoneia May 6 2015, 06:24 PM Post #38
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Mhysa
Kazmr
May 6 2015, 04:07 PM
We could maybe include it in that final article?
That is probably more practical though less literary yes :p
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Kazmr May 6 2015, 06:42 PM Post #39
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Lazarene
 Done
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Kazmr May 6 2015, 08:29 PM Post #40
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Lazarene
 I just added the preamble from Funk's constitution. The name I would itself could be changed in accordance with any theme:

The nations, resident in the region formerly called the Peoples' Republic of Lazarus, hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state by the name of "The Republic of Lazarus".

Also added in this line to section I clear up an ambiguity: 3. Any person who was a citizen of the People's Republic of Lazarus upon its dissolution shall be a citizen.
Edited by Kazmr, May 6 2015, 08:32 PM.
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