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jointly as the Court may decide; annulment to be pronounced in cases of unfair trial or faulty procedure, and also for reasons of substance when final appeal was filed by the losing party, if the Court at its own discretion choose to take cognizance thereof, or by the Tribune of the People, whose demand shall be mandatory.
22 The Grand Tribunal, with the approval of the Supreme Court, shall establish Lower Federal Courts in such number and places as conditions in the component units of the World Republic shall require, and a Federal Appellate Court in each Region. It shall also determine the rules and competences of such courts, and appoint their officials on the basis of competitive examinations.
The President or his Alternate and the Chairman of the Council shall not sit as judges in cases affecting the solution of conflicts between the President and the Council.
The President or Acting President or Alternate, or a Justice or the Chairman of the Council in his capacity of Justice, shall not sit as a judge in cases involving his appointment or peachment or demotion or tenure or in any other way affecting his particular interest.
24 No member of the Council or the Grand Tribunal shall be liable to removal from office until a criminal sentence on charges of felony or grave misdemeanor is final. But he shall be suspended from office, pending last recourse to the Grand Tribunal when a sentence of guilty, issued by a lower court, has been confirmed by a Federal Appellate Court.
The Supreme Court shall pronounce final judgment on the legality of the proceedings. It shall also pronounce final judgment on the legal validity of elections and appointments to the Council and the Tribunal, and to the offices of President and of Tribune of the People.
25 The President in his capacity of World Chief Justice shall have power of pardon over sentences passed under federal law.
THE TRIBUNE OF THE PEOPLE AND THE WORLD LAW
The Federal Convention, after electing the Council, shall elect by secret ballot the Tribune of the People as a spokesman for the minorities, this office to be vested in the candidate obtaining the second largest vote among the eligible candidates; ineligible to the office of Tribune being any candidate having also been nominated by any Electoral College for the office of President in the current Convention, or having been a President or Acting President or Alternate or a member of the Grand Tribunal at any time in the nine years preceding said Convention, or originating from the same Region as the President simultaneously in office.
The Tribune of the People shall not have membership in the Council.
The tenure of the Tribune of the People shall be three years. He shall have power to appoint a Deputy, subject to the same ineligibilities as above, with tenure to expire not later than his own.
He shall not be re-eligible, nor shall he be eligible to the office of President or Alternate or Justice of the Grand Tribunal, until nine years have elapsed from the expiration of his present term.
The Tribune, or his appointed Deputy, shall have the privilege of the floor before the Grand Tribunal and, under such regulations as shall be established by law, before the Supreme Court; but no vote in either; and he shall not be present when a vote is taken.
27 It shall be the office and function of the Tribune of the People to defend the natural and civil rights of individuals and groups against violation or neglect by the World Government or any of its component units; to further and demand, as a World Attorney before the World Republic, the observance of the letter and spirit of this Constitution; and to promote thereby, in the spirit of its Preamble
and Declaration of Duties and Rights, the attainment of the goals set to the progress of mankind by the efforts of the ages.
No law shall be made or held valid in the World Republic or any of its component units:
(1) inflicting or condoning discrimination against race or nation or sex or caste or creed or doctrine; or
(2) barring through preferential agreements or coalitions of vested interests the access on equal terms of any state or nation to the raw materials and the sources of energy of the earth; or
(3) establishing or tolerating slavery, whether overt or covert, or forced labor, except as equitable expiation endured in state or federal controlled institutions and intended for social service and the rehabilitation of the convicted criminal; or
(4) permitting, whether by direction or indirection, arbitrary seizure or search, or unfair trial, or excessive penalty, or application of ex post facto laws; or
(5) abridging in any manner whatsoever, except as a punishment inflicted by law for criminal transgression, the citizen's exercise of such responsibilities and privileges of citizenship as are conferred on him by law; or
(6) curtailing the freedom of communication and information, of speech, of the press and of expression by whatever means, of peaceful assembly, of
travel; paragraphs 5 and 6 to be subject to suspension according to circumstances, universally or locally, in time of emergency imperiling the maintenance and unity of the World Republic; such state of emergency, world-wide or local, to be proposed by the Chamber of Guardians and proclaimed concurrently by a two-thirds majority of the Council and a two-thirds majority of the Grand Tribunal for a period not in excess of six months, to be renewable on expiration with the same procedure for successive periods of six months or less but in no case beyond the date when the time of emergency is proclaimed closed, on the proposal of the Chamber of Guardians by simple majority votes of the Council and of the Grand Tribunal concurrently or, if the Guardians' proposal is deemed unduly delayed, by three-quarters majority votes of the Council and of the Grand Tribunal concurrently.
29 Capital punishment shall not be inflicted under federal law.
Old age pensions, unemployment relief, insurance against sickness or accident, just terms of leisure, and protection to maternity and infancy shall be provided according to the varying circumstances of times and places as the local law may direct.
Communities and states unable to provide adequate social security and relief shall be assisted by the Federal Treasury, whose grants or privileged loans shall be administered under federal supervision.
Every child from the age of six to the age of twelve shall be entitled to instruction and education at public expense, such primary six-year period to be obligatory and further education to be accessible to all without discrimination of age or sex or race or class or creed.
Communities and states unable to fulfill this obligation shall be assisted by the Federal Treasury with the same proviso as in Art. 30.
All property or business whose management and use have acquired the extension and character of a federal public service or whereon restrictive trade practices have conferred the character and power of a transnational monopoly, shall become the property of the Federal Government upon payment of a jūst price as determined by law.
Every individual or group or community shall have the right of appeal against unjust application of a law, or against the law itself, gaining access through the inferior courts, local or federal, to the superior and the Grand Tribunal, and securing the counsel and support of the Tribune of the People when the Tribune so decides; and, if a law or statute is found evidently in conflict with the guarantees pledged in the foregoing articles or irreparably in contradiction with the basic principles and intents of the World Republic as stated in the Preamble to this Constitution and in its Declaration of Duties and Rights, the Grand Tribunal shall have power to recommend to the Supreme Court that such law or statute be declared, and the Supreme Court shall have power to declare it, null and void.
The Tribune of the People cannot be impeached except on the same grounds and with the same procedure as specified for the President in Art. 15.
If the Tribune of the People is impeached or resigns or dies, his substitute for the unfulfilled portion of his tenure shall be the candidate to the Tribunate who was next in line in the last Federal Convention, with the same provisos in regard to eligibility as in Art. 26, first paragraph.
THE CHAMBER OF GUARDIANS
The control and use of the armed forces of the Federal Republic of the World shall be assigned exclusively to a Chamber of Guardians under the chairmanship of the President, in his capacity of Protector of the Peace. The other Guardians shall be six Councilmen elected by the Council and the Grand Tribunal in Congress assembled, for terms of three years. [But the Grand Tribunal shall not participate in the first election.]
One former President shall also sit in the Chamber of Guardians, the sequence to be determined term for term, or, if he resign or die, for the fractional term, according to seniority in the presidential office; he shall have the privilege of the floor in the deliberations of the Chamber, but no vote in its decisions.
Officers holding professional or active rank in the armed forces of the Federal Republic, or in the domestic militia of any component unit thereof, shall not be eligible as Guardians.
36 The election of the six elective Guardians shall be by secret and proportional vote, with each Elector casting a ballot of six names or less; but no three Guardians of the seven, including the President and excluding the ex-President, shall originate from the same Region; and any presumptive electee whose election would contravene this norm shall be declared ineligible and replaced by the candidate fulfilling the norm and having obtained the next largest vote.
Regions which have not been represented among the seven Guardians referred to above, for two successive three-year terms, shall have mandatory precedences in the subsequent elections; but the Guardian or Guardians originating from a nation or Region where sedition against the World Republic is actual, or according to the majority of the Chamber, imminently expected, shall cease from office and be replaced; unless the other Guardians decide unanimously otherwise.
No Guardian can be impeached or in any way suspended or removed from office for any other reason, except on such grounds and with such procedure as specified for the President and the Tribune of the People hereinbefore (Art. 15 and 34), and for the Guardians hereinafter (Art. 38).
If a Guardian resigns or dies or is in any way suspended or removed, his substitute for the unfulfilled portion of the term shall be chosen by partial election, with the same rules and provisos as in the first two paragraphs of this article, each elector casting a ballot of one or more names as the number of vacancies may be.
The Chancellor shall have access to the Chamber of Guardians as Deputy of the President whose vote he shall cast by proxy if the President so decides.
Appropriations for the budget of Peace and Defense, under control of the Chamber of Guardians, as proposed by the Chamber at the beginning of each term for the whole duration thereof, shall be submitted by the President to the Council, in conformity with Art. 13. But if a state of emergency is declared, in the manner and limits as specified hereinbefore (Art 28, last paragraph), the Chamber shall have power to demand and appropriate such additional funds as the emergency demands, subject to auditing and sanction by the Council when the emergency is closed; whereafter, if sanction is denied, the Guardians responsible shall be liable to impeachment and prosecution for usurpation of power with the same procedure as specified for the President and the Tribune of the People hereinbefore (Art. 15 and 34).
The Chamber shall have power to propose by absolute majority, subject to approval by two-thirds majority votes of the Council and of the Grand Tribunal concurrently, extraordinary powers, world-wide or local, to be conferred on the President beyond those assigned to him by this Constitution, when a state of emergency, as provided in Art. 28, is proclaimed; such powers not to be granted for periods exceeding six months each and to be relinquished before the expiration of any such period as soon as the state of emergency, in conformity with Art. 28, is proclaimed closed.
40 The Chamber of Guardians shall answer interrogations from the Council on its general and administrative directives, but no vote shall be taken after discussion thereof, except as otherwise provided in Art. 28 and 39; and the decisions of the Chamber in matters technical and strategic shall be final, and withheld from publicity when the Chamber so decides.
The Chamber of Guardians, assisted by a General Staff and an Institute of Technology whose members it shall appoint, shall determine the technological and the numerical level that shall be set as limits to the domestic militias of the single communities and states or unions thereof.
Armed forces and the manufacture of armaments beyond the levels thus determined shall be reserved to the World Government.
THE FEDERAL CAPITAL AND FEDERAL LANGUAGE AND STANDARDS
Within one year of its foundation the World Republic shall choose a Federal Capital, or a site therefor, with eminent domain over it and an adequate Federal District.
43 Within three years of its foundation the Federal Government shall designate one language, which shall be standard for the formulation and interpretation of the federal laws; and for analogous purposes, relative to communication, taxation, and finances, it shall establish in its first year a federal unit of currency with a federal system of measures and a federal calendar.
THE AMENDING POWER
Amendments to this Constitution, recommended concurrently by a two-thirds majority of the Council and of the Grand Tribunal, shall be in force when approved by a two-thirds majority of the Federal Convention in the Constitutional Session following the recommendation.
Constitutional Sessions, of thirty days or less, as the discussion may require and the majority may decide, shall be held immediately after the ordinary electoral session in the third Federal Convention and thereafter every ninth year.
(But no amendment altering the electoral units as listed in Art. 5, or the assignment to them of seats in the Council and the other federal bodies, shall be recommended to the first of such Sessions.]
(RATIFICATION AND PRELIMINARY PERIOD]
The first Federal Convention shall be the Founding Convention.
The ratio of representation therein shall be based on the world population figures as ascertained or authoritatively approximated in 1948.
The ways and means for the convocation of the Founding Convention, and the regulations for its inaugural and voting procedures, shall be determined by the General Assembly of the United Nations.
The thirty-day electoral session of the Founding Convention shall be preceded by a preliminary session of thirty days or less for the discussion and approval of this Constitution, such preliminary session to be extended for thirty additional days or less as the discussion may require and the majority may decide.
The delegates to the Founding Convention shall vote individually, and not by delegations; except on the assignment to the nine Electoral Colleges or Regions of such optional states or zones as listed hereinbefore (Art. 5); in which matter the vote of the majority, within the delegation from the state or zone concerned, shall be binding upon the minority; and Art. 5 shall be adjusted accordingly.
The Founding Convention having discussed and approved by individual majority vote this Constitution, ratification by collective majorities within as many delegations of states and nations as represent two-thirds of the population of the earth, shall be sufficient for the establishment of the Federal Republic of the World.]
DEPARTMENT OF STATE,
May 12, 1948.
Department of State. Subject: Information concerning the veto and certain aspects of proposals relat
ing to armaments, armed forces for international enforcement, and voting representation.
I understand from Mr. Rusk that in conversation with him you and some other members of the Foreign Affairs Committee expressed a desire to have further information from the Department concerning the veto and certain aspects of the proposals relating to armaments, armed forces for international enforcement, and voting representation.
The attached memoranda have been prepared in response to that request. I hope that you will find them useful.
I am also sending copies of the memoranda to Chairman Eaton and to Representatives Vorys, Jonkman, Javits, and Lodge.
DURWARD V. SANDIFER.
I. MEANING OF THE TERM “VETO"
The term "veto" is not found in the Charter. It refers to the requirement of unanimity among the permanent members of the Security Council in decisions on questions not procedural in character. It appears in the voting provisions in one, and only one, of the organs of the United Nations, the Security Council.
The veto, in other words, does not apply to decisions of any other organ of the United Nations—the General Assembly, the Economic and Social Council, the Trusteeship Council, the International Court of Justice. It does not apply to decisions of the numerous subsidiary organs of the United Nations.
Article 27 of the Charter reads as follows:
*2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of seven members.