HBS Constitution

Preamble to the Constitution of THE AMERICAN LEGION

 For God and Country we associate ourselves together for the following purposes:

   To uphold and defend the Constitution of the United States of America;

   To maintain law and order;

   To foster and perpetuate a one hundred percent Americanism;

   To preserve the memories and incidents of our associations in the great wars;

   To inculcate a sense of individual obligation to the community, state, and nation;

   To combat the autocracy of both the classes and masses;

   To promote peace and good will on earth;

   To safeguard and transmit to Posterity the principles of justice, freedom, and

        democracy;

   To consecrate and sanctify our comradeship by our devotion to mutual       

         helpfulness.

CONSTITUTION OF HOOSIER BOYS’ STATE

PREAMBLE

We, the citizens of Hoosier Boys’ State, in order to promote, promulgate, and preserve a constitutional democracy in accord with the form of government in the HBS 51st State and its respective counties and  municipalities; to subscribe our devotion to the freedoms and obligations embodied in the Constitution of the United State and the Constitution of the State of Indiana; and to meet the responsibilities and duties invested in us by Hoosier Boys’ State, Incorporated, and the sponsorship of the Department of Indiana of The American Legion, do hereby ordain and establish this Constitution for the Hoosier Boys’ State Program.

ARTICLE 1

We, the citizens of Hoosier Boys’ State, recognize and acknowledge that its official powers are derived from the Board of Directors of Hoosier Boys’ State, Incorporated (hereinafter HBS), an Indiana not-for-profit corporation as constituted under the sponsorship of The American Legion, Department of Indiana

ARTICLE II

Section 1        

We, the citizens of  HBS hereby assume all legislative, executive, and judicial powers not reserved by the Director of HBS.

Section 2        

All citizens of HBS are eligible and have the responsibility to exercise the right to vote in the city and county of their HBS residence.

Section 3         Voting shall be by secret ballot.

ARTICLE III

Legislative

Section 1        

The legislative power shall be vested in a General Assembly of a Senate and a House of Representatives.

Section 2        

The Senate shall consist of four (4) Senators from each county for a total of 32 Senate members.  The House of Representatives shall consist of four (4) Representatives from each city for a total of 64 members of the House. Such members shall be elected by popular vote of HBS citizens.

Section 3        

The state legislature shall provide general laws which shall be uniform and concurrent in their operation throughout the state.

Section 4        

The state legislature shall be the only body to pass, repeal, or amend state Statutes subject to the veto power of the State Executive Officer.

Section 5        

The legislative powers for counties and cities shall be vested in sixteen (16) City Councils and eight (8) County Councils, respectively, unless otherwise delegated to the State Legislature.

Section 6        

Each legislative body shall adopt its own rules of procedures and elect its own officials.

Section 7        

Vacancies in state offices shall be filled by Governor appointment subject to confirmation by a majority vote of both houses of the General Assembly.

ARTICLE IV

Executive

Section 1       

The executive power shall be vested in a Governor, elected by popular vote of the citizens, who shall hold his office for one year.  A Lieutenant Governor shall be elected at the same time, in the same manner, and for the same term.

Section 2        

Powers to appoint an Adjutant General, Director of the Department of Health, Director of the Department of Public Welfare, State Fire Marshall and the Superintendent of State Police are vested in the Governor.  Such appointments and those of other agencies shall be made by the Governor with the consent of the majority of the Senate.

Section 3        

The Governor shall perform all gubernatorial duties for one fiscal year or until such time as he relinquishes authority to the new Governor, whichever is the shorter time.

Section 4        

The Governor shall have veto power over all legislation passed by the General Assembly, provided such authority is exercised within twenty-four (24) hours of said legislation, excluding Sundays.  Over-riding the Governor’s Veto may be accomplished by a two-thirds majority vote of each house only.

Section 5        

The Governor is the official representative of Hoosier Boys’ State and will make appearances as requested and approved by the HBS Director or by  The American Legion, Department of Indiana.

Section 6        

In case of the untimely death of the Governor, his absence from the state, or his incapacity to carry out the duties of his office, he shall be immediately replaced by the Lieutenant Governor, who shall assume thereupon the full time duties and responsibilities of the office.

Section 7        

The Lieutenant Governor shall act as President of the Senate with one vote therein to be cast only in the event of a tie only  If he is for some reason unable to fill his position, it shall become the duty of the President Pro Tempore.

ARTICLE V

Judicial

Section 1        

The court for the trial of impeachment shall be the Senate.  The Assembly shall fulfill that capacity in impeaching all civil offices of this state for corrupt conduct in office, or for crimes or misdemeanors, but a majority of all members elected shall concur in an impeachment.  During a Governor’s impeachment trial the Lieutenant Governor shall not act as a member of the court.  When the Senate commences impeachment proceedings a two-thirds majority of the members elected shall concur in favor of conviction before the person charged is convicted.  The vote on impeachment is advisory only and decision with respect to and method of removal from office of all officers of Hoosier Boys’ State shall be vested in the hands of the director of Hoosier Boys’ State, Inc.

Section 2        

The Judicial powers of Hoosier Boys’ State shall be vested in a Supreme Court, Circuit Court, Superior Court, and where utilized, a City/Municipal Court.  Judges from same courts shall be elected by popular vote of the citizens of Hoosier Boys’ State for a term of one year.

Section 3        

The Supreme Court shall have appellate jurisdiction with the power to issue writs of Habeas Corpus, injunction, mandamus, quo warrantor, certiorari and other original and remedial writs, and to hear and determine the same.

Section 4

The jurisdiction of other courts shall be determined by the legislature.

ARTICLE VI

Section 1        

There shall be elected by popular vote of the citizens of HBS a Secretary of State, State Treasurer, State Auditor, and an Attorney General, who shall hold their offices for one year.

Section 2        

The duties of the Secretary of State shall be as follows:

  1. He shall keep a fair record of the official acts of the legislative and executive departments of the State and produce such records on demand of either branch of the legislature.
  2. He shall be the official custodian of the HBS archives.  He shall assist the HBS Secretary, Ms. Susan Long, as needed.

Section 3        

The State Treasurer shall be the custodian of all the funds and equipment of the government of HBS.  He shall account for all funds, equipment and supplies at the close of the session.

Section 4        

The Attorney General shall act as Legal Advisor to all official state agencies and officials.

  1. He shall represent HBS in all legal actions in which HBS is concerned.
  2. He shall act, according to statutes and state laws in routine matters of discipline not brought before the courts.

Section 5        

A Superintendent of Public Instruction shall be elected by popular vote of the citizens of HBS.  His duties shall be determined as set forth in the Citizen’s Manual – “Here’s Your Indiana Government.”

Section 6        

Auditor of State functions as the bookkeeper and auditor of receipts and disbursements of the State.

Section 7        

County elected officials: Judge of the Circuit Court, Prosecuting Attorney, Clerk of the Court, Auditor, Treasurer, Recorder, Sheriff, Coroner, Surveyor, Assessor, County Commissioners, and County Council members shall be elected by popular vote of the citizens of HBS for a term of one year. 

ARTICLE VII

Section 1        

The legislature, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution.  Those amendments shall be considered accepted when two-thirds of the citizens of Hoosier Boys’ State are in agreement for same.  If more than one amendment be submitted, they shall be submitted in such manner that the people may vote for or against such amendments separately.  Said amendments must be published twenty-four (24) hours before a vote is asked.

Section 2        

The legislature is required to consider amendments when so petitioned by a majority of citizens of Hoosier Boys’ State.

ARTICLE VIII

Rights of Citizens

HBS citizens shall retain the following rights:

Section 1        

The right of freedom of speech shall be guaranteed for so long as such protected speech shall be responsible, respectful, and dignified.  Both speakers and listeners deserve the right to such respect so that both speaker and listener may participate, respecting the process utilized at HBS.

Section 2        

The right of privacy shall be guaranteed for so long as such search shall be conducted by a member(s) of an HBS staff member.  No search or inspection of any HBS citizen’s private area shall be conducted without reasonable suspicion or probable cause that a citizen has contraband materials or property that may violate the HBS rules, Constitution, statutes or the HBS Pledge.

STATUTES OF HOOSIER BOYS’ STATE

1.01     AN ACT REGARDING WEARING OF HOOSIER BOYS’ STATE SHIRTS

Be it resolved that all citizens of Hoosier Boys’ State will wear their Hoosier Boys’ State shirt during the official picture taking session, Wednesday night Governor’s Inauguration, and at the Closing Ceremony.

1.02     AN ACT RELATING TO PROPER RESPECT OF THE FLAG

Be it resolved that all citizens of Hoosier Boys’ State shall show proper respect to the Flag  at all times.

1.03     AN ACT TO REGULATE THE NUMBER OF POLITICAL PARTIES IN            HOOSIER BOYS’ STATE

Be it resolved by the citizens of Hoosier Boys’ State the following enactment:

Section 1        

Two political parties shall be recognized in Hoosier Boys’ State.  One Party shall be called Nationalists and one Party shall be called Federalists. None of the controversial principles typifying the current political parties of the State of Indiana shall be incorporated into party platforms or party activities in Hoosier Boys’ State

Section 2        

No citizen may be nominated for office in Hoosier Boys State or any of its governmental subdivisions on any party ticket other than the two, Nationalists and Federalists, authorized by this act.

Section 3        

The division of the citizens of Hoosier Boys’ State into two political parties shall be done by random assignment.  No change in party affiliation shall be made or recognized.  Citizens shall be to vote only in the primary elections of the party which they are members only.

1.04     AN ACT RELATING TO CAMPAIGN MATERIALS

                        Be it resolved by the citizens of Hoosier Boys’ State the following:

Section 1         ALL CAMPAIGN MATERIAL

ALL CAMPAIGN MATERIAL, sign/posters/stickers/ or any other material must be approved by the Hoosier Boys’ State Director or his designee(s).  All unauthorized campaign materials will be confiscated and destroyed.

Section 2        

All campaign materials must be taken down immediately following the general election.

1.05     AN ACT PROHIBITING THE USE OF EXPLOSIVE DEVICES, FIREARMS, ALCOHOL, OTHER DRUGS, AND TOBACCO.

Be it resolved by the citizens of Hoosier Boys’ State the following:

Section 1        

It shall be unlawful for any citizen of Hoosier Boys’ State to have in his possession or to use within Hoosier Boys’ State, explosive devices, fire-crackers, instruments that may be used in an injurious manner, alcoholic beverages or any tobacco product in any form, or controlled substances unless legally prescribed.

Section 2        

Violation shall be dealt with at the discretion of the Director of HBS.