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| − | <b>Las Portadas</b> is a strategy to accelerate the development of modular enclaves of freedom that overcome the imperfections of majoritarian democracy and other political systems. Based on the guiding principles outlined in [https://www.createspace.com/3470746 Instead of Politics (Civilization 101)], <b>Las Portadas</b> capitalizes fully on natural market mechanisms that allow the growth of natural government - which is vastly superior to any political system. While this method does rely to some extent on voting and politicking to speed the transition from political to free societies, any political role in their development is explicitly external and temporary, and any development of politics in any official capacity is explicitly forbidden in the communities themselves. They remain legally polycentric, and must rely on natural legal tort and contract remedies for every flavor of aggression. The extent of competition for security and law will be unlimited. Further, the direct financial interest of competing insurers in the security of those they protect ensures even stronger incentives for their protection. Best of all, since advanced subrogation mechanisms will be fully employed, uninsured victims of aggression can be fully compensated without having to participate in the recoupment process.
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| − | <b>Las Portadas</b> consists of three functional bodies; the <b>Board of Subrogation</b>, the <b>House of Arbitrators</b>, and the <b>Council of Government Interface</b>. The Board is made up of those who initially underwrite the security of the autonomous communities. The House is made up of those who promote market-based legal remedies explicitly based on individual sovereignty. The Council is made up of those who contribute to the development of these autonomous communities by promoting their establishment and negotiating with existing political entities for their transfer. Any action by any one of these three bodies can be vetoed by either of the other bodies or by the Coordinator. Every activity of <b>Las Portadas</b> must be explicitly authorized by this Constitution. In order to prevent monopolization, the role of <b>Las Portadas</b> in these communities is explicitly limited to services provided on a voluntary basis. Associates may choose alternative legal and defense services, as well as monetary systems, at their own discretion.
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| − | =Constitution of Las Portadas=
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| − | ==Part A. Unamendable==
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| − | This portion (Part A) of the <b>Constitution of Las Portadas</b> may not be altered or amended under any circumstances, except by the unanimous consent of every <b>Associate</b> of <b>Las Portadas</b>.
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| − | *All functions and powers of <b>Las Portadas</b> shall be specified in this Constitution.
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| − | *The jurisdiction of <b>Las Portadas</b> over any of the territories, aquatories, or other entities underwritten or administered by same may not exceed 100 years from the date on which such jurisdiction originated, except where the proprietors of said territory or aquatory unanimously agree to an extension, and retain the authority to review or revoke such extension on an annual basis.
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| − | *The jurisdiction of <b>Las Portadas</b> over any community, territory, aquatory, or other entity, or any portion thereof, shall be limited to activities that are authorized by the members of said communities on an individual, contractual, and voluntary basis.
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| − | *Nothing in this Constitution shall be construed to prevent anyone from freely communicating, interacting, or trading with any willing party as he sees fit, from providing, acquiring, or utilizing the means necessary to physically or legally defend oneself or his associates from intrusion or tyranny, or from providing, acquiring, or utilizing any voluntary means of currency or exchange.
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| − | *The principal governing document for all territories and aquatories underwritten by <b>Las Portadas</b> shall be the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b>.
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| − | *The master lease for all multiple tenant income properties that are underwritten by <b>Las Portadas</b> both within and outside the territories of Aquia, that have populations exceeding 100 persons, shall be the <b>[[ClubStead Master Lease]]</b>.
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| − | *All members of <b>Las Portadas</b> and all businesses, governments, and entities with whom <b>Las Portadas</b> conducts business shall abide by the <b>[[Civil Order Pact]]</b> in said business transactions and in regard to those who are touched by any transactions conducted by same.
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| − | *The guiding principles for all interpersonal relationships and private or business activities underwritten by <b>Las Portadas</b> and those undertaken by <b>Las Portadas</b> and all businesses and individuals associated therewith shall be those that are outlined in <b>[[The Covenant of Unanimous Consent]]</b> and detailed in <b>[https://www.createspace.com/3470746 Instead of Politics (Civilization 101)]</b> and <b>Los Principios de Civilización</b>.
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| − | *This Constitution shall commence with one <b>Board of Subrogation</b> member, one <b>House of Arbitrators</b> member, or one <b>Council of Government Interface</b> member, and the <b>Coordinator</b>, as specified herein. All activities and amendments shall require unanimity until a quorum of at least one <b>Board of Subrogation</b>, one <b>Council of Government Interface</b>, and four <b>House of Arbitrators</b> members is reached. Nothing in this Constitution shall be construed to require members of said bodies to assemble in one physical location in order to conduct business specified in this Constitution.
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| − | ==Part B. General Framework==
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| − | ===Article I. Amendment Procedure===
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| − | This portion (Part B) of the <b>Constitution of Las Portadas</b> may not be altered or amended, except by
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| − | :*Affirmation by 80% pro rata of all concurrent members of the <b>[[#Article_IV._The_Board_of_Subrogation|Board of Subrogation]]</b>, who are specified in <b>[[#Part_D._The_Board_of_Subrogation|Part D]]</b>, according to the fraction of the total value of coverage that is underwritten by said members within any Territory associated with Las Portadas as determined by the formula in <b>[[#Article_I._Membership_and_Voting_Procedure|Part D Article I]]</b>,
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| − | :*Affirmation by 80% pro rata of all concurrent members of the <b>[[#Article_V._The_House_of_Legal_Review|House of Arbitrators]]</b>, who are specified in <b>[[#Part_E._The_House_of_Legal_Review|Part E]]</b>, according to the formula specified in <b>[[#Article_I._House_Composition_and_Voting_Procedure|Part E, Article I]]</b>,
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| − | :*Affirmation by 80% pro rata of all concurrent members of the <b>[[#Article_VI._The_Council_of_Government_Interface|Council of Government Interface]]</b>, who are specified in <b>[[#Part_F._The_Council_of_Government_Interface|Part F]]</b>, according to the fraction of funds that each generated toward the purchase or initial lease of all or part of a <b>Las Portadas</b> Territory as determined by the formula in <b>[[#Article_I._Councilorship_and_Voting_Procedure|Part F Article I]]</b>, and
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| − | :*Affirmation by the <b>Coordinator</b> as specified in <b>[[#Article_X._Las_Portadas_Definitions|Part C Article X]]</b>.
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| − | ===Article II. Purpose and Function of Las Portadas===
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| − | The purpose and function of <b>Las Portadas</b> shall be:
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| − | :*To acquire and underwrite the properties and marketable rights and services defined in <b>Article III</b> and <b>[[#Article_X._Las_Portadas_Definitions|Part C., Article X]]</b>, and then to transfer these first to existing <b>Resident Members</b>, then to <b>Nonresident Members</b> and <b>Associates</b> of the autonomous freezone community,
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| − | :*To facilitate the transition from a legal environment incompatible with the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b> to one that is fully compatible with same, and
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| − | :*To interface between autonomous communities and the host governments or other level 1 grantors or lessors from whom said territories are acquired.
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| − | The budget of <b>Las Portadas</b> shall be derived solely from said activities, which shall also be specified in detail in this Constitution. Activities not specified herein shall require amendment of this Constitution.
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| − | ===Article III. Transferable Entities===
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| − | Entities that may be transferred by <b><i>Las Portadas</i></b> shall include surface and subterranian land, physical properties, organisms, energy, electromagnetic frequency bands, airspace, waters, seabed, buildings, businesses, industries, and marketable rights, within territories or regions that have no legal claim, or that have been claimed by local, state, federal, or international political governments, or government bodies, through subsidies, edicts, norms, or entities that are incompatible with the legal environment of the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b>.
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| − | Transfer shall be conducted through the <b>[[#Part_F._The_Council_of_Government_Interface|Council of Government Interface]]</b> as specified in <b>[[#Article III. Transfer of Entities|Part F]]</b>, or under its auspices by a party or parties to be specified herein, following the procedures and terms specified in this Constitution, or by privatization mechanisms specified in <b>[[#Article_IV._Acquired_Properties|Part C Article IV]]</b>. Offerings shall be publicized and accessible to all <b>Members</b> and <b>Associates</b> of <b><i>Las Portadas</i></b>.
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| − | ===Article IV. The Board of Subrogation===
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| − | The <b>"Board of Subrogation"</b> shall consist of <b>"Underwriters,"</b> as specified in <b>[[#Article_X._Las_Portadas_Definitions|Part C., Article X]]</b>. Votes shall be counted pro rata according to the fraction of the total value of uninsured coverage that is underwritten by said members within any of the territories that are in explicit compliance with the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b>. Proof of coverage and of ability to pay for losses and damages in terms of reserves and liquidity shall be readily available to all members of the <b>Board of Subrogation</b>, the <b>House of Arbitrators</b>, the <b>Council of Government Interface</b>, and the <b>Coordinator</b>.
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| − | The <b>Board of Subrogation</b> shall provide security and subrogation services for all <b><i>Las Portadas</i></b> territories, and shall be authorized to revise methods used by Las Portadas for <b>[[Restitution Transfer and Recoupment]]</b> (RTR). All activities of the <b>Board of Subrogation</b> shall be specified in this Constitution. Any new activity shall require amendment. All activities and RTR revisions are subject to veto by the <b>House of Arbitrators</b> and the <b>Council of Government Interface</b> as prescribed in <b>[[#Article_I._Amendment_Procedure_2|Part C Article I]]</b>.
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| − | All amendments and revisions shall require an 80% pro rata majority.
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| − | Nothing in this Constitution shall be construed so as to prevent Members and Associates from receiving any of these services from other parties, in compliance with the <b>[[Civil Order Pact]]</b> and the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b>, or to allow the <b>Board of Subrogation</b> directly or indirectly to require them to obtain insurance coverage against their will, unless they voluntarily bind themselves by contract.
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| − | ===Article V. The House of Arbitrators===
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| − | The <b>House of Arbitrators</b> shall consist of <b>Arbitrators</b> as specified in <b>[[#Article_X._Las_Portadas_Definitions|Part C. Article X.]]</b>. The <b>House of Arbitrators</b> shall be the court of final appeal regarding conflicts between jurisdictions - except where victim and aggressor freely agree to abide by an alternate settlement or <b>Arbitrator</b>, may decide cases concerning the interpretation and enforcement of the <b>[[Civil Order Pact]]</b>, the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b>, and the <b>Constitution of Las Portadas</b>, and shall be authorized to revise the <b>[[ClubStead Master Lease]]</b> for communities underwritten by Las Portadas. All functions of the <b>House of Arbitrators</b> shall be specified in this Constitution. Any change of function shall require amendment, and any amendment, revision, or change of method, is subject to veto by the <b>Board of Subrogation</b> and the <b>Council of Government Interface</b> as prescribed in <b>[[#Article II. Membership and Jurisdiction|Part E. Article II.]]</b>.
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| − | All settlements shall be financial, or otherwise quantifiable in terms of value, must be quantified as actual recuperation costs, and shall be decided in accordance with <b>[[Restitution Transfer and Recoupment]]</b> procedure, as specified therein.
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| − | <b>Arbitrators</b> from any Quarter who are freely chosen by the disputing parties or otherwise selected as specified in this Article may decide matters concerning disputes between jurisdictions (in which case, <b>Arbitrators</b> for each jurisdiction shall resolve the dispute according to the format specified in this Article), and for legal and constitutional review (in which case an 80% vote of the <b>House of Arbitrators</b> by the formula specified in <b>[[#Article_I. House Composition and Voting Procedure|Part E. Article I.]]</b> is required to overturn the decision of a previous <b>Arbitrator</b> from any Quarter). Every decision by the <b>House of Arbitrators</b> must be signed by the <b>Coordinator</b> before taking effect, and must be freely available to all <b>Members</b> and <b>Associates</b> for review.
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| − | Any dispute involving <b>Las Portadas</b> or an <b>Associate</b> of <b>Las Portadas</b>, which has not been settled within one year, may be brought to <b>Las Portadas</b> for settlement by either disputant. If the selected <b>Arbitrators</b> do not unanimously dismiss the case, its decision shall be binding.
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| − | If the parties to any dispute decided by individual <b>Arbitrators</b>, or between individual <b>Arbitrators</b>, have not agreed upon a settlement specified by the deciding <b>Arbitrator</b> within seven days of submittal of the case to the <b>Arbitrator</b>, to the House of Arbitrators, or to the Coordinator, the parties shall submit the matter for resolution by <b>Arbitrators</b> selected as follows:
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| − | Each party shall select an <b>Arbitrator</b> from a list of <b>Arbitrators</b> who are members of the highest Quarter of the <b>House of Arbitrators</b> provided by the other party within ten days after the list is provided. After the two <b>Arbitrators</b> are selected, the <b>Arbitrators</b> shall meet promptly to resolve the matter. If the <b>Arbitrators</b> are unable to resolve the matter within thirty calendar days after the selection of the second <b>Arbitrator</b>, then a third <b>Arbitrator</b> shall be appointed by the two <b>Arbitrators</b>, or if they cannot agree, the third <b>Arbitrator</b> shall be selected by the <b>Arbitrators</b> from the highest Quarter of the <b>House of Arbitrators</b>. Promptly after the third <b>Arbitrator</b> has been selected, the three <b>Arbitrators</b> shall resolve the matter. A decision by a majority of the <b>Arbitrators</b> shall resolve the matter. A decision by a majority of the <b>Arbitrators</b> shall be binding on the parties. Each party will pay the respective fees of the <b>Arbitrator</b> appointed by that party and one-half of the cost of appointing and the fees of the third <b>Arbitrator</b>.
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| − | All amendments and revisions shall require an 80% pro rata majority.
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| − | Amendments to the <b>[[ClubStead Master Lease]]</b> or to the <b>[[Restitution Transfer and Recoupment]]</b> procedure may be overturned by 25% pro rata of the <b>Board of Subrogation</b> or the <b>Council of Government Interface</b>.
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| − | Nothing in this Constitution shall grant the House of Arbitrators, or any legal body authorized under this Constitution, any additional powers not specified herein.
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| − | ===Article VI. The Council of Government Interface===
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| − | The <b>Council of Government Interface</b> shall consist of <b>Referrers</b> as specified in <b>[[#Article_X._Las_Portadas_Definitions|Part C Article X]]</b>. The <b>Council of Government Interface</b> shall be responsible for the promotion and public relations of <b><i>Las Portadas</i></b>, and the privatization of non-private properties, services, and marketable rights. It shall be authorized to revise the <b>[[Declaration of Autonomy]]</b>, the <b>Citizen Stock Ownership Plan ([[CitSOP]])</b>, and other documents for transfer of title via <b>Las Portadas</b>. Its functions and structure shall be specified in <b>[[#Part_F._The_Council_of_Government_Interface|Part F]]</b> of this Constitution. Any action or decision by the <b>Council of Government Interface</b> is subject to veto by either the <b>House of Arbitrators</b> or the <b>Board of Subrogation</b> as prescribed in <b>[[#Article_I._Councilorship_and_Voting_Procedure|Part F Article I]]</b>.
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| − | Except where otherwise specified in this constitution, ninety percent of privatization funds received by <b><i>Las Portadas</i></b>, shall be distributed to the persons, businesses, and organizations that promoted <b><i>Las Portadas</i></b> who are specified as <b>"Referrers"</b> in <b>[[#Article_X._Las_Portadas_Definitions|Part C Article X]]</b>. Of the ninety percent, each shall earn the same percentage as that which was generated toward the purchase or lease of the territory by the efforts or persuasion of such person, business, or organization. Ten percent of the funds received shall be directly administered by the <b>Coordinator</b> as specified in <b>[[#Article_X._Las_Portadas_Definitions|Part C Article X]]</b>. If acquisition of the territory is made in installments, the distribution formula shall be recalculated for each payment period, with distributions proportionate to total payments made to the host for that property, by that party.
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| − | All amendments and revisions shall require an 80% pro rata majority.
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| − | All referrers shall be bound by the <b>[[Civil Order Pact]]</b>.
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| − | ===Article VII. Voting Practice===
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| − | All members of the <b>Board of Subrogation</b>, the <b>House of Arbitrators</b>, the <b>Council of Government Interface</b>, and the <b>Coordinator</b> shall be notified of voting activity to which he is party, and given sufficient time to participate in each vote - in person or electronically. Every amendment shall be published in its entirety to a list of all said <b>Associates</b> at least one week before it receives the <b>Coordinator</b>'s signature, at which time the voting shall be closed. Such list shall be updated at least once per year.
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| − | Voting practice shall follow the procedures specified in <b>Article I</b> of Parts <b>[[#Part_C._Expanded_Framework|C]], [[#Article_I._Membership_and_Voting_Procedure|D]], [[#Article_I._House_Composition_and_Voting_Procedure|E]]</b>, and <b>[[#Article_I._Councilorship_and_Voting_Procedure|F]]</b>, respectively.
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| − | Where a person, business, or organization is a <b>Referrer</b> or <b>Contributor</b> as per <b>[[#Article_VI._The_Council_of_Government_Interface|Part B Article VI]]</b> in multiple territories simultaneously, his voice and distribution shall be increased proportionately.
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| − | Constitutionally prescribed functions of the <b>Board of Subrogation</b>, the <b>House of Arbitrators</b>, and the <b>Council of Government Interface</b> may not be delegated from one branch to another, nor to the <b>Coordinator</b>.
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| − | ===Article VIII. Limits of Acquisition and Territory===
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| − | The number and size of <b><i>Las Portadas</i></b> acquisitions by any individual or organizational member of <b><i>Las Portadas</i></b> is unlimited, and the number of territories and host countries under the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b> that is acquired in accordance with the procedures and principles identified in Parts [[#Part_B._General_Framework|B]] and [[#Part_C._Expanded_Framework|C]] of this Constitution may be expanded infinitely.
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| − | ===Article IX. Violation of the Civil Order Pact===
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| − | All <b>Associates</b> of <b><i>Las Portadas</i></b> insofar as they participate in <b><i>Las Portadas</i></b> - Counselors, Arbitrators, Underwriters, and all other persons, organizations, and businesses, resident and nonresident - must continuously abide by the <b>[[Civil Order Pact]]</b> (COP) of Article III of the <b> [[Constitution of the Autonomous Freezone of Aquia]]</b>. Upon determination of a violation of said pact by Arbitrators from the <b>House of Arbitrators</b>, according to the arbitration format specified in <b>Article V.</b>:
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| − | a) If the violating person, business, or organization is a seller or recipient of funds, same shall immediately cease to receive same's portion of funds, and the <b><i>Las Portadas</i></b> distribution formula shall be recalculated. If the victim of such violation agrees to terms of settlement with the violator, such violator may be reinstated and the distribution formula recalculated from the end of the probationary period specified in <b>[[#Article_V._Length_of_Moratorium|Part E, Article V]]</b> after the time of settlement. Any funds that had been received between the dates of violation and the end of the probationary period shall be deducted.
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| − | b) If the violating person, business, or organization is a buyer or recipient of property, same shall immediately be excluded from every sale or <b><i>Las Portadas</i></b> sponsored transfer in which same is concurrently involved. If the victim of such violation agrees to terms of settlement with the violator, such violator may be reinstated and permitted to resume purchases and acquisitions from <b><i>Las Portadas</i></b> after the end of the probationary period specified in <b>[[#Article_V._Length_of_Moratorium|Part E, Article V]]</b>.
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| − | c) All violators shall immediately lose their voting and veto rights until the probationary period specified in <b>[[#Article_V._Length_of_Moratorium|Part E, Article V]]</b> expires for the most recent violation, and a Certificate of Settlement has been issued by the Coordinator (or by a party agreeable to all victims and all aggressors involved in the settlement) and in keeping with the principles of <b>[[Restitution_Transfer_and_Recoupment|Restitution Transfer and Recoupment]]</b>.
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| − | ===Article X. Transitional Guidelines===
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| − | In an orderly transition sanctioned for <b><i>Las Portadas</i></b>, the following guidelines shall be observed:<ul>
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| − | <li>No regional authority or proprietor or any constituent <b><i>Las Portadas</i></b> organ may impose any tax (personal, corporate, capital gains, sales, withholding, employment, gift, inheritance, probate fees, company registration, customs), or any other compulsory transfer of funds, except for specific services rendered on a voluntary basis, or upon receipt of a written waiver signed by every person who would make such payment.
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| − | <li>No authority or proprietor may restrict any peaceful and nonintrusive activity by its tenants.
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| − | <li>No restrictions or requirements for banking, insurance, stock trading, incorporation, currency trading, or any other financial activity or for the organization of any financial institution in compliance with the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b> shall be authorized by <b><i>Las Portadas</i></b> or its subsidiaries, except that a strict code of confidentiality with the client shall be required of the employees of same, unless it can be documented that a client has consciously and willfully waived such rights.
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| − | <li>Listing and product standards shall be optional but encouraged for corporations, banks, insurance companies, and other businesses associated with <b><i>Las Portadas</i></b> or located in a <b><i>Las Portadas</i></b> territory.
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| − | <li>Temporary and permanent passes may be issued by the host residential community or business, not by <b><i>Las Portadas</i></b> or any official <b><i>Las Portadas</i></b> organ. The issuer shares (with the recipient of the pass) responsibility for any loss from or damage to adjacent properties, businesses, or individuals.
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| − | <li><b><i>Las Portadas</i></b> may not grant exclusive rights to any securer, insurer, or other service provider or providers, but may publish rating guidelines according to reputable or reliable actuarial tables.
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| − | <li>Insurance companies, at their own discretion, may require listed securers, health maintenance organizations, or other service providers complying with the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b>, for their clients. They may also base their rates on a client's medical condition, lifestyle, diet, location, genetics, or any other factors deemed quantitative.
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| − | <li>Insurance companies may track physical activity within <b><i>Las Portadas</i></b> territories under transition, but all information regarding findings shall be kept confidential. No individual or organization may investigate private activity which does not endanger, or violate the property or privacy of others, without the express permission of said client.
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| − | <li>An insurance company may review, revoke or postpone a pass which demonstrably endangers members or visitors within a <b><i>Las Portadas</i></b> community under its protection, but may not subject anyone to unreasonable detainment, search or seizure, or any unnecessary inconvenience. Every individual responsible for such aggression is liable for damages resulting from same, regardless of sanction.
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| − | <li>No judicial ruling or activity by the <b>House of Arbitrators</b> as specified in <b>[[#Part_E._The_House_of_Legal_Review|Part E]]</b> shall be based on criminal law or laws dealing with crime against society, against the state, or against nature, but must have a specific and demonstrable loss or damage to person or property, must have a specific and demonstrable victim or victims, and must have a specific and demonstrable aggressor or aggressors.</ul>
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| − | ==Part C. Expanded Framework==
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| − | ===Article I. Amendment Procedure===
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| − | The remainder of this Constitution, beginning with Article II, may be altered or amended by an eighty percent total majority vote of combined Houses according to the following formula:
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| − | The total fraction from a <b>Board of Subrogation</b> vote in favor of the amendment, according to the fraction of funds that each concurrently underwrites for all underwritten territories and aquatories combined as per <b>[[#Article_I._Membership_and_Voting_Procedure|Part D Article I]]</b>, shall be converted to decimal form with 1 being unanimous agreement and 0 being no votes in favor.
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| − | The total fraction from a <b>House of Arbitrators</b> vote in favor of the amendment, according to the formula specified in <b>[[#Article_I._House_Composition_and_Voting_Procedure|Part E Article I]]</b>, shall be converted to decimal form with 1 being unanimous agreement and 0 being no votes in favor.
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| − | The total fraction from a <b>Council of Government Interface</b> vote in favor of the amendment, according to the fraction of funds that each generated as specified in <b>[[#Article_I._Councilorship_and_Voting_Procedure|Part F Article I]]</b>, shall be converted to decimal form with 1 being unanimous agreement and 0 being no votes in favor.
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| − | If the sum of the three decimal fractions is equal to or greater than 2.4, the amendment shall be sent to the Coordinator. Upon his signature or thumbprint, the amendment shall take effect. If he refrains, it will not take effect.
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| − | ===Article II. Acquisition Procedures and Types===
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| − | ====Acquisition Types====
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| − | :1) A purchase of title from a state, federal, or international political government or its citizens,
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| − | :2) A long-term or perpetual lease from a state, federal, or international political government,
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| − | :3) A <b>Citizen Stock Ownership Plan ([[CitSOP]])</b> in which the residents of a community are issued shares and title to government assets,
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| − | :4) Another arrangement in which both the territory and the proprietor are guaranteed to be in full compliance with the [[Civil Order Pact]] and fully compatible with <b><i>Las Portadas</i></b>,
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| − | :5) Acquisition of another transferable entity enumerated in <b>Part B Article III</b>, or
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| − | :6) Homesteading of an unowned transferable entity enumerated in <b>Part B Article III</b>.
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| − |
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| − | ====Acquisition Procedures====
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| − |
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| − | Acquisitions of entities for transition by <b><i>Las Portadas</i></b> shall be accomplished in the following manner:
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| − |
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| − | * The <b>Council for Government Interface (CGI)</b> shall arrange the entity title's wholesale acquisition and retail sale.
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| − |
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| − | * Existing employees and managers of state-owned firms shall be given the right of first refusal for purchase of same.
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| − |
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| − | * Any title held by <b><i>Las Portadas</i></b> shall be transferred to Members and Associates via online auction or other method within one year.
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| − |
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| − | * Associate financiers shall be compensated 90% of resale profits at time of resale.
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| − |
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| − | * Privatization architects (CGI "Referrers") shall be compensated 10% of resale profits in accordance with <b>Part B Article VI</b>.
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| − |
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| − | * Where there is no existing owner, CGI shall arrange the homesteading of the transferred entity to <b>Associates</b> via a zero-minimum, openly published online auction.
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| − |
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| − | * <b><i>Las Portadas</i></b> may receive commitments for multiple territories and entities simultaneously and may negotiate with several proprietors simultaneously.
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| − |
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| − | * In <b>[[CitSOP]]</b> arrangements, stockholders shall have voice and title proportionate to the quantity of stock held.
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| − |
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| − | ===Article III. Acquired Properties===
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| − |
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| − | Privatization of properties and rights which were not privately owned, and of services which were not privately provided, at the time of transfer to <b><i>Las Portadas</i></b>, shall be accomplished by direct sale or auction, or by a management contract with <b><i>Las Portadas</i></b> authorizing transfer of management functions and title. The <b>Council of Government Interface</b> shall orchestrate such transfers.
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| − |
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| − | Upon initiation of a lease by a consortium allied with Las Portadas under a "Type 4" acquisition specified in Article II, leases for an area of dry land that is a minimum of 100 square miles measured horizontally (or the entire land area of that territory - whichever is less), and is owned or administered by the consortium, title shall be auctioned by <b>Las Portadas</b> to the consortium. The lease auction shall terminate within six months after its initiation. The <b>Coordinator</b> may reject any bidder or bid that may threaten the integrity of the <b><i>Las Portadas</i></b> community. <b><i>Las Portadas</i></b> shall receive no less than 10% of the proceeds from such auction, which shall be distributed in accordance with <b>Part B Article VI</b>.
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| − |
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| − | While under the direct or indirect management or ownership of <b>Las Portadas</b>, in order to prevent
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| − | :A) The formation of natural monopolies in common infrastructural properties or service provision (sewer, water, electrical, transportation routes, security maintenance, etc), or
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| − | :B) An exclusive franchise from developing into a long term monopoly,
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| − | consumers shall be deemed proprietors proportionate to use - except where the provider can satisfactorily demonstrate that consumers have consciously and willfully waved ownership to, and/or management of, such functions. Transfer of properties of negative value including solid, liquid, gas, or radiant ingress or egress, shall require title which is documentably acceptable to all parties concerned.
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| − |
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| − | All management functions shall expire for each territory on the anniversary of the <b>Level I</b> transfer of title.
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| − |
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| − | ===Article IV. Managed Properties===
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| − |
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| − | * In all Type 2 acquisitions, the host government may retain no more than title to the leased territory, in exchange for retaining its obligation to defend the community against attack or invasion. Full and complete autonomy and full property rights shall be granted to the <b><i>Las Portadas</i></b> community in all matters whatsoever for the duration of the lease period in accordance with the [[ClubStead Master Lease]].
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| − |
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| − | * In all Type 2 acquisitions, neither <b><i>Las Portadas</i></b> nor any of its members may receive any portion of lease proceeds other than for services rendered to the leasing consortium, nor direct payments by the lessees except for services rendered on a voluntary basis, and only within the first five years of the lease.
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| − |
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| − | * Leases from parties underwritten by <b><i>Las Portadas</i></b> that are compatible with the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b> in a Type 4 acquisition must extend for a minimum of 99 years, and be guaranteed by the leasing consortium to remain within said requirements for the duration of the lease. <b><i>Las Portadas</i></b> may retain no portion of the title after the first year. All such leases shall conform to the [[ClubStead Master Lease]].
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| − |
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| − | * The number of regions underwritten by <b><i>Las Portadas</i></b> is unlimited, but no lease from any government or institution, whose legal structure does not comply with the [[Civil Order Pact]] at the time of transfer, or is incompatible with that of <b><i>Las Portadas</i></b>, shall extend for a period of fewer than 500 years, or at any time be composed of a land, air, water, or subterranean area that exceeds 50% of the total land, air, water, or subterranean area of all <b><i>Las Portadas</i></b> territories combined, or 50% of the composite value of any or all territories.
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| − |
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| − | ===Article V. Resolution of Disputes===
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| − | For matters described in Parts [[#Part_A._Unamendable|A]] and [[#Part_B._General_Framework|B]] of this Constitution, a violation of the <b>Civil Order Pact</b> by buyer or seller, or any auction-related dispute may, after having been claimed by its victim or any observer, be brought before an arbitrator that is acceptable to both parties, in a manner consistent with the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b>.
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| − |
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| − | If the decision is nonbinding or may be appealed, or if the parties can not agree on an arbitrator, one or both of the disputing parties may appeal to the <b>House of Arbitrators</b> in accord with the arbitration format specified in <b>Part B, Article V.</b>. A positive determination of an aggression shall be followed by restitution to the victim, or a settlement agreeable to both parties.
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| − |
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| − | ===Article VI. Other Voting Procedures===
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| − | A <b>Referrer</b> or <b>Contributor</b> as defined in [[#Article_X._Las_Portadas_Definitions|Part C Article X]] may temporarily or permanently retire from his voting post, or appoint a temporary or permanent proctor or replacement in his stead, but the term is limited to one hundred years from the birth date of the original member, or by the expiration of <b><i>Las Portadas</i></b> for the territory or territories to which he contributed or generated purchase or lease funds, whichever comes first.
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| − |
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| − | Businesses and organizations that had contributed as per [[#Article_X._Las_Portadas_Definitions|Part C Article II]] as a unit may vote as a unit in a manner prescribed by their respective rules of order, provided that such rules do not conflict with this Constitution.
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| − |
| |
| − | ===Article VII. Executive Decisions===
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| − |
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| − | The <b>Coordinator</b>, as defined in [[#Article_X._Las_Portadas_Definitions|Part C Article X]], may request authorization from the <b>Board of Subrogation</b>, the <b>House of Arbitrators</b>, or the <b>Council of Government Interface</b> to make decisions sanctioned by this Constitution on behalf of <b><i>Las Portadas</i></b>, which <b><i>Las Portadas</i></b>, for reasons of inadequate time or unachievable consensus, is unwilling or unable to make. Any such authorization may be granted by a 60% majority <i>pro rata</i>;
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| − |
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| − | <ol>
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| − |
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| − | <li>Of all concurrent members of the <b>Board of Subrogation</b>, which are specified in [[#Article_X._Las_Portadas_Definitions|Part C Article X]], according to the fraction of the total value of coverage that is underwritten by said members within any of the territories or aquatories in question that are in explicit compliance with the Constitution of the Autonomous Freezone of Aquia, and
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| − | <li>Of all concurrent members of the <b>House of Arbitrators</b> according to the formula specified in [[#Article_I._House_Composition_and_Voting_Procedure|Part E Article I]], and
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| − | <li>Of all concurrent members of the <b>Council of Government Interface</b> according to the formula specified in [[#Part_F._The_Council_of_Government_Interface|Part F Article I]].
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| − |
| |
| − | </ol>
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| − |
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| − | Any subsequent decision may be overruled or authorization revoked by 40% pro rata;
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| − |
| |
| − | <ol>
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| − |
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| − | <li>Of all concurrent members of the <b>Board of Subrogation</b>, which are specified in [[#Article_X._Las_Portadas_Definitions|Part C Article X]], according to the fraction of the total value of coverage that is underwritten by said members within any of the territories or aquatories in question that are in explicit compliance with the Constitution of the Autonomous Freezone of Aquia, or
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| − | <li>Of all concurrent members of the <b>House of Arbitrators</b> according to the formula specified in [[#Article_I._House_Composition_and_Voting_Procedure|Part E Article I]], or
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| − | <li>Of all concurrent members of the <b>Council of Government Interface</b> according to the formula specified in [[#Part_F._The_Council_of_Government_Interface|Part F Article I]].
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| − |
| |
| − | </ol>
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| − |
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| − | Any such authorization must be sunset or renewed annually or sooner, must specify in detail the powers granted, and must be in agreement with this Constitution.
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| − |
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| − | The <b>Coordinator</b> may prevent any development or activity sanctioned by <b><i>Las Portadas</i></b> that endangers a significant biological ecosystem, that negatively impacts property adjacent to a territory, or that would demonstrably endanger any of the communities underwritten by Las Portadas. Any such decision may be overruled by a simple majority pro rata of the <b>House of Arbitrators</b>, according to the formula specified in [[#Article_I._House_Composition_and_Voting_Procedure|Part E Article I]], with a statement specifying in detail the reasons for such rejection.
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| − |
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| − | The <b>Coordinator</b> may not communicate privately or conduct direct negotiations with any political or religious official or organ that is not an <b>Associate</b> of <b><i>Las Portadas</i></b>, during his term.
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| − |
| |
| − | ===Article VIII. Purchases from Las Portadas===
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| − | Every <b>Member</b> and <b>Associate</b> of <b><i>Las Portadas</i></b>, both resident and nonresident, shall be a candidate for the purchase of properties and property rights from <b><i>Las Portadas</i></b>. Same shall have access to pertinent details and existing documents concerning the property.
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| − |
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| − | The winning buyer shall receive title and access to the property or rights to the property as clearly specified in the recorded contract upon confirmation of the winning bid and in the same condition described therein or witnessed by same.
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| − |
| |
| − | ===Article IX. House of Arbitrators Trial Restrictions===
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| − | For all trials other than those for which the <b>House of Arbitrators</b> is specified as the court of final appeal in <b>Part B Article V</b>, the <b>House of Arbitrators</b> shall not be the final appellate in any matter in which at least one of the disputing parties does not freely agree or is not specifically bound by contract or this Constitution to abide by its decision. A written waver must be signed by each party authorizing <b>Las Portadas</b> to decide the case.
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| − |
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| − | If a case can not be settled within 30 days, either disputant may initiate the selection of an alternate Arbitrator or trial format.
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| − |
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| − | A jury of seven randomly selected voluntary <b>Associates</b> shall be provided if either disputant in a trial under <b>Las Portadas</b> authority requests one. Jurors may not be asked about their knowledge, experience, or opinions about the law in <i>voir dire</i>. They must be unanimous to convict but not to acquit, and failure to convict shall be deemed acquittal. Juries must be fully informed of their right to judge the law as well as the facts and remedies of the case.
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| − |
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| − | All trials shall be public to <b>Members</b>, and all proceedings shall be permanently recorded digitally, and, where held in a physical location, video. All evidence that can be converted to digital format shall be permanently retained, unless both parties object.
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| − |
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| − | No legislative act or provision thereof shall have the force of law, nor shall <b>Las Portadas</b> engage in, tax, subsidize, restrict, or advance any activity or social, business, professional, commercial, financial or industrial enterprise, unless the constitutional authority for it is explicitly cited, verifiable by proving an unbroken chain of logical derivation. No public official shall be granted special treatment, or immunity from the same regulations and remedies as those to which any other citizen is subject.
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| − |
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| − | No body representative of <b>Las Portadas</b> may override the actions of any community unless expressly and specifically authorized in this Constitution. Since the Constitution is a compact wherein each community is Principal and Las Portadas is Agent, each community shall retain the power to nullify <b>Las Portadas</b> actions that are not expressly authorized by this Constitution. In addition, any <b>Associate</b> may initiate impeachment proceedings against <b>Las Portadas</b>, or
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| − | any of its officers, or determine if a program or body initiated by same is not within its scope of authority.
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| − |
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| − | All rights derived from this Constitution are immunities against actions or restrictions by public officials, not entitlements to receive a service or benefit. On all Constitutional issues, precedents may only be regarded as persuasive and never binding, and binding <i>stare decisis</i> shall not be used as a rule of construction.
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| − |
| |
| − | ===Article X. Las Portadas Definitions===
| |
| − | Within this Constitution, the following definitions shall apply:
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| − |
| |
| − | *An <b>"Underwriter"</b> is a person, business, or organization that has pledged and demonstrated sufficient capacity to reimburse a resident or associate for specified losses and damages to person or property, and that provides safeguards against such losses and damages. Such resources may not have been directly or fungibly derived in full or part through taxation or any other involuntary means, nor in any way obtained or distributed in violation of the <b>[[Civil Order Pact]]</b>.
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| − |
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| − | *An <b>"Arbitrator"</b> is a person that;
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| − |
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| − | :<b>A.</b> Has been certified as knowledgeable in the principles of civilization by having documentably passed the <b>Matriculation Exam</b>, as specified in <b>Part E</b>.
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| − |
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| − | :<b>B.</b> Is specified as <b>"COP Referrer"</b> on physical or electronic <b>[[Civil Order Pact]]</b> signatory registries, as specified in <b>[[#Article_III._The_Signature_Registry|Part E. Article III.]]</b>, that are signed and dated by at least one person as specified in <b>[[#Article_III._The_Signature_Registry|Part E. Article III.]]</b>, and
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| − |
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| − | :<b>C.</b> Has signed, and continues to abide by the <b>[[Civil Order Pact]]</b>, as specified in <b>Part A</b>.
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| − |
| |
| − | :Signatories must continually adhere to the <b>[[Civil Order Pact]]</b>. Breech of said agreement renders the signature invalid.
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| − |
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| − | *A <b>"Referrer"</b> is an <b>Associate</b> that generated at least one gram of gold or its equivalent for the purchase or lease of all or part of a territory or territories underwritten by <b><i>Las Portadas</i></b>, for the sale of a <b>Transferable Entity</b> authorized by <b>Article III</b> of <b>Part B</b> to <b>Associates</b>, or for the purchase of <b>[[CitSOP]]</b> stocks on the day that they became available on capital markets, and was specified by the <b>Contributor</b> as <b>"Referrer"</b>.
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| − |
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| − | *A <b>"Contributor"</b> is an <b>Associate</b> that contributed at least one gram of gold or its equivalent for a <b>Level 1</b> acquisition to the <b>Level 1</b> proprietor of a territory underwritten by <b><i>Las Portadas</i></b> for the purchase or lease of a property for the establishment of a community in compliance with the [[Constitution of the Autonomous Freezone of Aquia]], or for the purchase of <b>[[CitSOP]]</b> stocks on the day that they became available on capital markets. Each <b>Contributor</b> must specify at least one <b>Referrer</b>.
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| − |
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| − | *The <b>"Coordinator"</b> is originally John Frederic Kosanke, the Architect of <b><i>Las Portadas</i></b>, who holds office until such time as another individual is affirmed by <b>Las Portadas</b> in the format specified in <b>Part B. Article I.</b> minus the <b>Coordinator</b>. Future successors shall be selected in like manner. No Coordinator shall hold office for more than twenty years. Whenever there is a vacancy, all <b>Coordinator</b> decisions shall be treated as a veto. This office shall be perpetual, but is limited to the above stated functions. The <b>Coordinator</b> shall not be a factor in the distribution calculations prescribed in [[#Article VI. The Council of Government Interface|Part B Article VI]] for <b>Referrers</b>, or for the voting calculations for <b>Contributors, Referrers, </b>or<b> Arbitrators</b>. Authorizations may not exceed those specified in this Constitution.
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| − |
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| − | *A <b>"Member"</b> is a person, organization, or business that is physically present in any territory of <b><i>Las Portadas</i></b> for a time specified in [[#Article III. Las Portadas Membership - Residency|Part D, Article III]] of this Constitution, or that owns fixed property with a value specified in [[#Article IV. Nonresident Membership - Property Value|Part D Article IV]] of this Constitution, within an area that has been liberated under the terms of the <b>[[ Constitution of the Autonomous Freezone of Aquia]]</b>, and continues to abide by the terms of said Constitution.
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| − |
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| − | *An <b>"Associate"</b> is a person, organization, or business that has signed and dated the <b>Civil Order Pact</b> of Article IV of the <b>[[ Constitution of the Autonomous Freezone of Aquia]]</b>, and has not violated its spirit or letter in the recent past - the length of time specified in [[#Article V. Length of Moratorium|Part E Article V]], nor intends to violate same.
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| − |
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| − | *<b>"Resident"</b> means physically present within an area governed by the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b> after a <b>Level 1</b> acquisition, for a time specified in [[#Article V. Residency - Minimum Length of Stay|Part D Article V]], and not intruding on the property of another person or group of persons.
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| − |
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| − | *<b>"Nonresident"</b> means not physically present within an area governed by the <b>[[Constitution of the Autonomous Freezone of Aquia]]</b>.
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| − |
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| − | *A <b>[[CitSOP]]</b> (Citizen Stock Ownership Plan) is an ownership/ management arrangement based on ESOPs (Employee Stock Ownership Plans) in which the citizens become direct owners of government assets through the issuance of freely tradeable shares, and have voting voice equivalent to the quantity of shares held. All immunities and powers of taxation are eliminated, and "government" functions become self-supporting.
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| − |
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| − | *<b>"Level 1"</b> concerns a leasing proprietor in the original lease agreement by whom ultimate title to a territory is held, or the original lease or purchase agreement by which a <b><i>Las Portadas</i></b> sponsored territory is established.
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| − |
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| − | *<b>"Proprietor"</b> can be defined as titleholder, as well as a lessee, sublessee, subsublessee, &c, to whom temporary or secondary property rights have been granted, as prescribed by Articles II through IV.
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| − |
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| − | *<b>"Land"</b> includes mobile, immobile, organic, and inorganic substances that are physically present on the dry surface areas of the Territory acquired for a <b><i>Las Portadas</i></b> community.
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| − |
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| − | *<b>"Air"</b> includes all that is contained in the space within the area acquired for a <b><i>Las Portadas</i></b> community, that is above the surface area.
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| − |
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| − | *<b>"Water"</b> includes all that is contained in the space within the area acquired for a <b><i>Las Portadas</i></b> community, that is within oceans, lakes, rivers, and the like.
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| − |
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| − | *<b>"Subterrain"</b> includes all that is contained in the space within the area acquired for a <b><i>Las Portadas</i></b> community, that is below the surface area and the waters.
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| − |
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| − | *<b>"Marketable Rights"</b> include electromagnetic frequency broadcasting rights, fishing rights, and the like, but may not include the right to pollute, disturb, or in any way intrude against another person, business, or organization, or his/its property.
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