Passed A motion to amend the Constitution to remove Senate confirmation of Ministers

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EUKBICR

EUKBICR

The Devil
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Oct 25, 2020
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A MOTION
To amend the Constitution of the Union of Democratic States
Introduced into the Senate of the Union of Democratic States on the 7th of November, 2021, by Glaciosia.
As follows:
​
ASSERTING that the appointment of Cabinet Ministers has been heretofore uncontroversial;
NOTING the considerable delays to the process of executive governance engendered by the nomination process at the start of each term;
UNDERSTANDING that the Senate continues to have the power to remove ,
BE IT ENACTED by the Senate:

Section 1: Provisions
1. The phrase “Cabinet Ministers,” shall be struck out from Article II, clause 11 of the Constitution.
2. Article II. clause 10 of the Constitution shall be amended to read as follows:
10. The Senate may hold votes of no confidence against the Vice President, Cabinet Ministers, Justices, the World Assembly Delegate, the Speaker, the Chief Commissioner and the Deputy Commissioner. Successful votes of no confidence result in removal from office. Votes of no confidence against Cabinet Ministers may be held for any reason, while may be held due to:
a). Over 10 days of inactivity.
b). Criminal conviction.
c). Other reasons established by law.​
3. Subclause c of article III, clause 5 shall be struck out.
 
Having been in the senate for several terms now, and adjacent to the executive for just as many, I have seen quite clearly that the confirmation of cabinet ministers has become nothing but a rubber stamp. Frankly, I do not consider this a significant problem. Objections are not raised to the appointment or ministers because objections could not be found. The mechanism of senate confirmation exists primarily because of our model being based off of the US goverbment in many respects. However, the realities of a small, online government dictate that rather than significant and competitive policy setting positions, cabinet ministers are a small handful of the president's closest advisors and the primary workforce of the executive.

The confirmation process takes a significant amount of time each term, and clearly hampers the business of the executive.

The balance of power between the president and senate does not truly change with this bill, because the senate is still just as able to remove from office cabinet ministers through a motion of no confidence.
 
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Good bill in principle, if only the writing matched:
"10. The Senate may hold votes of no confidence against the Vice President, Cabinet Ministers, Justices, the World Assembly Delegate, the Speaker, the Chief Commissioner and the Deputy Commissioner. Successful votes of no confidence result in removal from office. Votes of no confidence against Cabinet Ministers may be held for any reason, while may be held due to:​
a). Over 10 days of inactivity.
b). Criminal conviction.
c). Other reasons established by law."​
Why would you do this: "Votes of no confidence against Cabinet Ministers may be held for any reason, while may be held due to:"
That makes no sense, surely the better thing would not to be amend the clause at all and then just add another subclause allowing for ministers to be VonC'd for any reason?
 
The "why" is that the current subclauses were written as a list of reasons that the listed position holders could be VoNCed , and I didn't like the way it looked like that. However I am completely open to amending that part of the bill, and will look over a better way to do it this afternoon.
 
I propose an amendment to amend clause 2 of this bill to read: "
2. Article II. clause 10 of the Constitution shall be amended to read as follows:
10. The Senate may remove from office the Vice President, Cabinet Ministers, Justices, the World Assembly Delegate, the Speaker, the Chief Commissioner and the Deputy Commissioner by a successful motion to that effect due to:
a). Over 10 days of inactivity.
b). Criminal conviction.
c). Other reasons established by law."​

and to insert a clause following it to read: "
3. A new clause shall be inserted following Article II, Clause 10 of the Constitution to read as follows:
"The Senate may remove from office Cabinet Ministers by a successful motion to that effect."​
 
The debate is closed. We now vote on the proposed amendment to the bill.
 
Glaciosia said:
2. Article II. clause 10 of the Constitution shall be amended to read as follows:
10. The Senate may remove from office the Vice President, Cabinet Ministers, Justices, the World Assembly Delegate, the Speaker, the Chief Commissioner and the Deputy Commissioner by a successful motion to that effect due to:
a). Over 10 days of inactivity.
b). Criminal conviction.
c). Other reasons established by law."
and to insert a clause following it to read: "
3. A new clause shall be inserted following Article II, Clause 10 of the Constitution to read as follows:
"The Senate may remove from office Cabinet Ministers by a successful motion to that effect."
Click to expand...

The amendment is now at vote. Those in favour may say Aye, those against may say No.
 
The amendment to the bill passes. We now vote on the bill as amended.
 
Coat_of_Arms_UDS.png

A MOTION
To amend the Constitution of the Union of Democratic States
Introduced into the Senate of the Union of Democratic States on the 7th of November, 2021, by Glaciosia.
As follows:
​
ASSERTING that the appointment of Cabinet Ministers has been heretofore uncontroversial;
NOTING the considerable delays to the process of executive governance engendered by the nomination process at the start of each term;
UNDERSTANDING that the Senate continues to have the power to remove ,
BE IT ENACTED by the Senate:

Section 1: Provisions
1. The phrase “Cabinet Ministers,” shall be struck out from Article II, clause 11 of the Constitution.
2. Article II. clause 10 of the Constitution shall be amended to read as follows:
10. The Senate may remove from office the Vice President, Cabinet Ministers, Justices, the World Assembly Delegate, the Speaker, the Chief Commissioner and the Deputy Commissioner by a successful motion to that effect due to:
a). Over 10 days of inactivity.
b). Criminal conviction.
c). Other reasons established by law."​

and to insert a clause following it to read: "
3. A new clause shall be inserted following Article II, Clause 10 of the Constitution to read as follows:
"The Senate may remove from office Cabinet Ministers by a successful motion to that effect."​
 
Those in favour may say Aye, those against may say No. (vote in the poll above.)
 
Ayes to the right - 4
Noes to the left - 1
I think the Ayes have it, the Ayes have it. The amendment to the constitution is passed. The bill will now go to the President and upon their assent, will be put to a region-wide referendum.
 
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