Tawantinsuyu, Constitution of

Constitution of the Inka Empire of Tawantinsuyu

Article I. The Nature of the Inka Empire of Tawantinsuyu

§1 The Inka Empire of Tawantinsuyu (hereinafter, the Empire) is a Sovereign Nation consisting of the four Suyus of Chinchaysuyu, Antisuyu, Kuntisuyu and Qullasuyu.

§2 Qusqu is a Federal District and the capital of the Empire and the seat of the Parliament and of the Government.

§3 The Empire is a constitutional, hereditary monarchy on a democratic and parliamentary basis. The power of the State is inherent in and issues from the Sapa Inka and the People and shall be exercised by both in accordance with the provisions of the present Constitution.

§4 The Sapa Inka is the Head of State and of the Government and shall exercise his sovereign authority in conformity with the provisions of the present Constitution and of the other Laws.

§5 He is not subject to the jurisdiction of the courts and does not have legal responsibility. The same applies to any member of the Royal House who exercises the function of head of state in accordance with the Head of State and shall exercise his sovereign authority in conformity with the provisions of the present Constitution and of the other laws.

§6 The succession to the throne, hereditary in the House of Manqu Qhapaq; the coming-of-age of the Sapa Inka and of the Heir Apparent; as well as any guardianship which may be required; are to be determined by the Royal House in the form of a dynasty Law.

§7 The coat-of-arms of the Empire is that of the House of the Sapa Inka, i.e., on a field quarterly rouge, vert, argent and or; defaced by a rainbow rouge, or and vert, each end engulfed by a serpent erect or, hanging therefrom a tassel rouge; issuant from the chief a demi-sun in its splendor or; for supporters a jaguar on the dexter and a llama on the sinister proper rampant guardant, standing on a snow-capped mountain.

§8 The national colors are red, green, white and yellow.

§9 The flag of the Empire is square and taken from the coat-of-arms, i.e., on a field quarterly rouge, vert, argent and or; a rainbow rouge, or and vert, each end engulfed by a serpent erect or, hanging therefrom a tassel rouge.

§10 The naval jack is the national flag without the charge.

§11 The aviation roundel consists of a roundel quarterly red, green, white and yellow.

§12 The Qhichwa and Castilian languages are the national and official languages of the Empire.

Article II. Declaration of Rights, Both of the People and of the Nobles

§1 Apu Qun Tiqsi Wiraqutra has made of one blood all nations of men to dwell on the earth in unity and blessedness. Wiraqutra has also bestowed certain rights alike on all men, on all nobles and all people of all lands.

§2 These are some of the rights which He has given alike to every commoner and every noble of correct deportment: life, limb, liberty, freedom from oppression, the earnings of his hands and the productions of his mind; not however, to those who act in violation of laws.

§3 Wiraqutra has also established government and rule for the purpose of peace; but in making laws for the nation it is by no means proper to enact laws for the protection of the rulers only, without also providing protection for the people. Neither is it proper to enact laws to enrich the nobles only, without regard to enriching the people also, and hereafter there shall by no means be any laws enacted which are at variance with what is above expressed, neither shall any tax be assessed, nor any service or labor required of any person, which is at variance with the above sentiments.

Article III. Protection for the People Declared

§1 The above sentiments are hereby published for the purpose of protecting alike, both the people and the nobles of all these Four Provinces, while they maintain a correct deportment, so that no noble may be able to oppress any subject, but that nobles and people may enjoy the same protection, under one and the same law.

§2 Protection is hereby secured to the persons of all the people, together with their lands and all their property, so long as they conform to the laws of the Empire, and nothing whatever shall be taken from any individual except by express provision of the laws. If any noble whatever shall act perseveringly in violation of this constitution, he shall no longer remain a noble of the Empire, and the same shall be true of the Apus, officers, and all land agents.

§3 But if any one who is deposed shall change his course and regulate his conduct by law, it shall then be in the power of the nobles to reinstate him in the place he occupied previous to his being deposed.

Article IV. The Constitution

§1 It is our design to regulate our Empire according to the above principles and thus seek the greatest prosperity of all the nobles and of all the people of the Empire. But we are aware that we cannot ourselves alone accomplish such an object. Wiraqutra must be our aid, for it is his province alone to give perfect protection and prosperity. Wherefore we first present our supplication to him, that he will guide us to right measures and sustain us in our work.

§2 It is therefore our fixed decree, that

a. No law shall be enacted which is at variance with the word of Wiraqutra, or at variance with the general spirit of His Word. All laws of the Empire shall be consistent with the general spirit of Wiraqutra's Law.

b. All men of every religion shall be protected in worshipping their own God and serving Him, according to their own understanding, but no person shall ever be punished for neglect of their God unless he injures his neighbor or brings evil on the Empire.

c. The Law shall give redress to every person who is injured by another without a fault of his own, and shall protect all persons while they conduct themselves properly, and shall punish all persons who commit crime against the Empire or against individuals, and no unequal law shall be passed for the benefit of one to the injury of another.

d. No person shall be punished unless his crime be first made manifest, neither shall he be punished unless he be first brought to trial in the presence of his accusers, and they have met face to face. Once the trial has been conducted according to Law, and the crime made manifest in their presence, the punishment may be inflicted.

e. No person shall be permitted to sit on a jury to try his particular friend (or enemy) or one who is especially connected with him. Wherefore if any person be condemned or acquitted and it shall afterwards be made to appear that someone who tried him acted with partiality for the purpose of favoring his friend (or injuring his enemy), or for the purpose of enriching himself, then there shall be a new trial allowed before those who are impartial.

Article V. Exposition of the Principles on Which the Present Dynasty is Founded

§1 The origin of the present government and system of polity, is as follows: Pachakutiq Inka Yupanki was the founder of the Empire and to him belonged all the land from one end of the Empire to the other, though it was not his own private property. It belonged to the nobles and the people in common. Wherefore, there was not formerly, and is not now any person who could or can convey away the smallest portion of land without the consent of the one who had or has the direction of the Empire.

§2 The Empire is permanently confirmed to Qhapaq Yupanki II and his heirs, and his heir shall be the male person whom he and the nobles shall appoint, during his life time, but should there be no appointment, then the decision shall rest with the Nobles and the Delegates.

Article VI. Prerogatives of the Sapa Inka

§1 The prerogatives of the Sapa Inka are as follows:

a.He is the sovereign of all the people and all the nobles. The Empire is his.

b. He shall have the direction of the army and all the implements of war of the Empire.

c. He also shall have the direction of the government property: the poll tax, the land tax, and the three days monthly labor, though in conformity to the laws.

d. He also shall retain his own private lands; any lands forfeited for the non-payment of taxes shall revert to him.

e. He shall be the noble judge of the Supreme Court and it shall be his duty to execute the laws of the land, as well as all decrees and treaties with other countries, all however in accordance with the Laws.

f. It shall be his prerogative to enter into treaties with the rulers of all other nations, to receive ministers sent by other nationss, and to have power to confirm agreements with them.

g. He shall have power to make war in time of emergency, when the nobles cannot be assembled, and he shall be the commander-in-chief. He shall have power to transact all important business of the Empire which is not by Law assigned to others.

Article VII. The Inkap Rantin of the Inka Empire of Tawantinsuyu

§1 It shall be the duty of the Sapa Inka to appoint some noble of rank and ability, to be his particular minister, whose Title shall beInkap Rantin.

§2 The following are the duties of the Inkap Rantin:

a. All business connected with the special interests of the Empire, which the Sapa Inka wishes to transact, shall be done by the Inkap Rantin under the authority of the Sapa Inka. All documents and business of the Empire executed by the Inkap Rantin, shall be considered as executed by the Sapa Inka's authority. All government property shall be reported to him and he shall make it over to the Sapa Inka.

b. The Sapa Inka shall not act without the knowledge of the Inkap Rantin, nor shall the Inkap Rantin act without the knowledge of the Sapa Inka. The veto of the Sapa Inka on the acts of the Inkap Rantin shall arrest the business.

c. All important business of the Empire which the Sapa Inka chooses to transact in person, he may do, but not without the approval of the Inkap Rantin.

Article VIII. The Apus

§1 There shall be four Apus over the Empire, one for Chinchasuyu, one for Antisuyu, one for Kuntisuyu, and one for Qullasuyu. All the Apus shall be subject to the Sapa Inka.

§2 The prerogatives of the Apus and their duties, shall be as follows:

a. The Apu shall have the general direction of the several tax gatherers of his Suyu. He shall support them in the execution of all their orders which he considers to have been properly given, but shall pursue a course according to law, and not according to his own private views.

b. The Apu shall preside over all the judges of his Suyu. He shall see their sentences executed as above. He shall appoint the judges and give them their certificates of office.

c. The Apus shall be subject not only to the Sapa Inka, but also to the Inkap Rantin.

d. The Apu shall be the superior over his particular Suyu. He shall have charge of the munitions of war, under the direction of the Sapa Inka, however, and the Inkap Rantin.

e. The Apu shall have charge of the forts, the soldiery, the arms and all the implements of war.

f. The Apu shall receive the government dues and shall deliver over the same to the Inkap Rantin.

g. All important decisions rest with him in times of emergency, unless the Sapa Inka or Inkap Rantin be present.

h. The Apu shall have charge of all the business of the Sapa Inka in his Suyu. Taxation, new improvements to be extended, plans for the increase of wealth, and all officers shall be subject to him.

i. The Apu shall have power to decide all questions and transact all the business of his Suyu which is not by Law assigned to others.

§3 When an Apu shall die, then all the nobles shall assemble at such place as the Sapa Inka shall appoint, and shall nominate a successor to the deceased Apu, and whomsoever they shall nominate and whoever is approved by the Sapa Inka, he shall be the new Apu.

Article IX. The Parliament

§1 The Parliament consists of two Houses: the House of Nobles and the House of the People.

§2 The Parliament meets under the presidency of the Inkap Rantin.

Article X. The House of Nobles

§1 The House of Nobles shall consist of three nobles from each Suyu, chosen by their peers. These Nobles shall have part in the councils of the Empire. No law of the nation shall be passed without their assent. They shall assemble annually, for the purpose of seeking the welfare of the nation, and establishing Laws for the Empire. Their meetings shall commence in April, at such day and place as the Sapa Inka shall appoint.

§2 The Nobles shall serve in the House of Nobles for three years. Every three years six of the Nobles shall be replaced or re-elected. Re-election shall be permitted twice for a total of nine years.

§3 It shall be proper for the Sapa Inka to consult with the House of Nobles respecting all the great concerns of the Empire, in order to promote unanimity and to secure the greatest good. They shall moreover transact such other business as the Sapa Inka shall commit to them.

§4 They shall still retain their own appropriate lands and may conduct the business on said lands at their discretion, but not at variance with the Laws of the Empire.

Article XI. The House of the People

§1 There shall be chosen annually certain persons to sit in Parliament with the Nobles to establish Laws for the nation. They shall be chosen by the people, according to their wish, from the four Suyus. The Law shall decide the form of choosing them, and also the number to be chosen. This representative body shall have a voice in the business of the Empire. No law shall be passed without the approval of a majority of them.

Article XII. The Meetings of the Parliament

§1 There shall be an annual meeting as stated above; but if the Nobles and the Delegates think it desirable to meet again they may do so at their discretion.

§2 When they assemble, the Nobles shall meet by themselves and the Delegates by themselves, though at such times as they shall think it necessary to consult together, they may unite at their discretion.

§3 The form of doing business shall be as follows:

a. The Nobles shall appoint a Chairman to preside at their meetings and a Secretary who at the meetings shall record all decisions made by them. That book of records shall be preserved in order that no decrees affecting the interests of the Empire may be lost.

b. The same shall be done by the Delegates. They too shall choose a Chairman and a Secretary for themselves, and when they meet for the purpose of seeking the interests of the Empire, and shall come to a decision on any point, then that decision shall be recorded in a book, and the book shall be preserved, in order that nothing valuable, affecting the interests of the Empire should be lost.

c. When any act shall have been agreed upon by them, it shall then be presented to the Sapa Inka, and if he approve and sign his name, and also the Inkap Rantin, then it shall become a Law of the Empire, and that Law shall not be repealed until it is done by the voice of those who established it.

Article XIII. The Tax Officers

§1 The Sapa Inka and Inkap Rantin shall appoint Tax Officers, and give them their certificates of office. There shall be distinct Tax Officers for each of the Suyus at the discretion of the Sapa Inka and Inkap Rantin.

§2 When a Tax Officer has received his Certificate of Appointment, he shall not be dismissed from office without first having a formal trial, and having been convicted of fault, at which time he shall be dismissed. Though if the Law should prescribe a given number of years as the term of office, it may be done.

§3 The following are the established duties of the tax officers:

a. They shall assess the taxes and give notice of the amount to all the people, that they may understand in suitable time.

b. They shall make the assessment in subservience to the orders of the Apus, and in accordance with the taxes to be gathered. They shall gather them and deliver them to the Apu, and the Apu shall deliver them to the Inkap Rantin, and the Inkap Rantin shall deliver them to the Sapa Inka.

c. The Tax Officers shall have charge of the public labor done for the Sapa Inka, though if they see proper to commit it to the Land Agents it is well but the Tax Officers being above the Land Agents shall be accountable for the work.

d. They shall have charge of all new business which the Sapa Inka shall wish to extend through the Empire. In all business however they shall be subject to the Apu.

e. They shall be the judges in all cases arising under the tax laws.

f. They shall be the judges in all cases where land agents or landlords are charged with oppressing the lower classes and also in all cases of difficulty between land agents and tenants.

g. Each Tax Officer shall be confined in his authority to his own appropriate district. If a difficulty arises between a Land Agent and his tenant, the Tax Officer shall try the case and if the tenant be found guilty, then the Tax Officer, in connection with the Land Agent, shall execute the law upon him. But if the Tax Officer judge the Land Agent to be at fault, then he shall notify all the Tax Officers of his Suyu, and if they are agreed, they shall pass sentence on him. The Apu shall have the power to try the case again and, if exceptions are taken to the decision of the Apu, there shall be a new and final trial before the Supreme Judges.

Article XIV. The Judges

§1 Each of the Apus shall, at his discretion, appoint judges for his Suyu, as many as he shall think expedient, and shall give them certificates of office. After having received their certificates, they shall not be turned out, except by impeachment, though it shall be proper at any time for the law to limit the term of office.

§2 They shall give notice beforehand of the days on which courts are to be held. When the time specified arrives, they shall then enter on the trials as the Law shall direct. They shall be the judges in cases arising under all the laws excepting those which regard taxation, or difficulties between Land Agents, or landlords and their tenants. They shall be sustained by the Apu, whose duty it shall be to execute the law according to their decisions. But if exceptions are taken to their judgment, the complainant may appeal to the Supreme Judges.

Article XV. The Supreme Judges

§1 The Sapa Inka shall appoint worthy and competent persons as Supreme Judges. The number of these judges shall be determined by Law.

§2 It shall be the business of the Supreme Judges to settle all cases of difficulty which are left unsettled by the tax officers and common judges. They shall give a new trial according to the conditions of the Law. They shall give previous notice of the time for holding courts, in order that those who are in difficulty may appeal. The decision of these shall be final. There shall be no further trial after theirs. Life, death, confinement, fine, and freedom are all in their hands and their decisions are final.

Article XVI. Changes to This Constitution

§1 Any Laws in force at the promulgation of this Constitution shall remain in effect insofar as they are not contrary to this Constitution.

§2 If it should be thought desirable to change this Constitution, notice shall be previously given, that all the people may understand the nature of the proposed change. In the succeeding year, at the meeting of the Nobles and the Delegates, if they shall agree as to the addition proposed or as to the alteration, then they may make it.

§3 However, no bill or proposal of revision of the Constitution is receivable when it effects:

a. The monarchical nature and form of the State or

b. The integrity of the national territory or of the territory of the Suyus.

§4 This constitution has been agreed to by the Nobles and the Delegates, and they and we have hereunto subscribed our name, this 21st day of June, in the year 1964, at Qusqu.