Here we are, folks. Certainly the most important legislation in years has come before us. I invite the woman of the hour to give her speech. @Kron, the floor is yours.
A MOTION
To repeal and replace the Constitution of the Union of Democratic States with another constitution.
Introduced into the Senate of the Union of Democratic States on the 20th of April, 2021, by @Kron
As follows:
RECOGNIZING the current constitution's faults,
CONCERNED that these are unable to be fixed by simple amendments,
BELIEVING that a new constitution is the only solution,
BE IT ENACTED by the Senate and General Assembly:
Section 1: Short Title
1. This Act may be referenced as the "Motion to Repeal and Replace the Constitution"
Section 2: Provisions
1. The sixth Constitution of the Union of Democratic States, ratified on the 2nd of February 2020, is hereby repealed.
2. In the prior Constitution's place the new seventh Constitution of the Union of Democratic States, enclosed in its entirety below, shall be enacted:
Article I: The Bill of Rights
1. All citizens shall enjoy the right to freedom of speech, press, assembly, and petition:
2. No resident shall be blocked from the process of applying for citizenship unless they have been declared Persona Non Grata, banned via a court case, or applied during election season.
3. All citizens shall enjoy the right to a fair and speedy trial for crimes alleged against them. No citizen shall be subject to trial more than once for the same crime except when new and compelling evidence is discovered. No citizen may be withheld evidence in favor of their case. No citizen shall be held guilty for an act which did not constitute a criminal offense at the time it was committed.
4. No citizen shall be denied the right to a secret and confidential vote.
5. No resident shall face discrimination nor special treatment from the government.
6. Citizens have additional rights not specifically enumerated in the constitution, which may not be denied, withheld, nor violated by the government. These may be established through judicial procedures or in law.
Article II: The Senate
1. The legislative power of the government shall be vested in the Senate, the Legislative Branch, which shall be composed of Senators elected by citizens every two months.
2. Senators shall be elected via a proportional system as detailed by law; Senate Elections shall occur on the first day of every February, April, June, August, October, and December.
3. The number of Senate seats at every election shall be calculated via the mean number of voters in the last three Senate Elections divided by four and rounded up.
4. During a term citizens may petition to recall serving Senators, in order to do so eight signatures of citizens must be collected and presented to the Electoral Commission. Following this, a by-election shall be held in which the serving Senator shall be automatically on the ballot.
5. Following a Senate Election, the Senate shall select from their ranks a Speaker of the Senate who shall guide debate, administer the Senate’s internal workings, and oversee Senate votes. If the office of the Speaker becomes vacant during a term, a new Speaker shall be selected for the term.
6. During the passage of all items, and in a manner pursuant to the Senate’s internal regulations and relevant law, debate shall occur; during debate, and unless otherwise specified, amendments may be proposed to legislation, motions and resolutions. Following the conclusion of debate Senators shall vote and if a tie occurs, the vote on item will have failed.
7. As the legislative branch of government, all laws and legislation must originate from the Senate and be duly passed by them before Presidential promulgation or veto. Laws may be drafted and proposed by any citizen.
8. Within fourteen days of a law’s introduction to the Senate, it may be challenged via a Writ of Challenge signed by four citizens. Following passage in the Senate, a referendum shall be held if four signatures are collected - a successful referendum will repeal the law.
9. The Senate may pass motions. These do not require Presidential promulgation, and may not be vetoed; these do not hold the same legal power as laws, but some may be deemed as legally enforceable. Examples of motions the Senate may pass include:
10. The Senate may hold votes of no confidence against the Vice President, Cabinet Ministers, Justices, the World Assembly Delegate and Senators; successful votes of no confidence result in removal from office and votes of no confidence may be held for:
11. The Senate shall hold confirmation votes on the World Assembly Delegate, Justices, Cabinet Ministers, and unelected Vice Presidents. Confirmation votes shall fail if they do not reach the required amount of votes. Failed confirmation votes result in the relevant official being removed or not appointed to office.
12. The Senate holds the power to veto Executive Orders via a three-quarters supermajority; similar powers exist in regards to any form of delegated or secondary legislation.
13. The Senate may overturn vetoes from the President with a three-quarters supermajority.
Article III: The President
1. As Head of State, Head of Government, and as leader of the Executive Branch, the President executes the law on behalf of the people. In this, the President acts as Chief Diplomat, Chief Law Enforcer and Prosecutor, Chief Immigration Officer, Commander in Chief, and Chair of the Cabinet.
2. The President shall be elected every three months. Presidential Elections shall occur on the first day of January, April, July, and October. Elections shall be carried out in accordance with regional law.
3. The President shall be elected alongside their Vice President, who shall act as a deputy and aid to the President. The Vice President shall act in their place when the President is unable to act, and as acting President in the event that the office of President becomes vacant.
4. The President shall appoint a Cabinet of Ministers which shall carry out the day-to-day Executive governance of the region including the regulation of foreign affairs, domestic affairs, cultural affairs, and some legal matters. The President or Vice President may be a Minister.
5. The President shall hold a variety of powers which may be delegated to their Cabinet Ministers or the Vice President. These powers include:
6. The office of the Attorney General shall exist as a Minister within the Cabinet, conforming to the same rules. The Attorney General shall advise the Cabinet and President on legal matters; represent the Executive government in legal proceedings; prosecute those who have broken the law; guide registered lawyers in the region; and register lawyers.
7. Following the passage of a law in the Senate, the President has five days to either promulgate the law and make it legally binding or veto it. Before promulgation or a veto, the President must first consult the Attorney General for legal advice regarding the law and its impacts.
8. The President shall help draft interregional agreements. Only the President may propose interregional agreements to the Senate. Interregional agreements shall count as legislation, but may not be substantively amended once introduced to the Senate.
9. If the World Assembly Delegacy is vacant, the President shall appoint a replacement Delegate. An appointee must pass a confirmation vote by the Senate to assume office.
Article IV: The Supreme Court
1. The judicial power of the government shall be vested in the Supreme Court, which shall be composed of a Chief Justice, who leads the Supreme Court, and up to four Associate Justices. Together, they form the Judicial Branch.
2. If the office of the Chief Justice is vacant, a Judicial Election shall be held, according to an electoral system established by law. The prior Chief Justice may not run in a Judicial Election.
3. Following a Judicial Election, the Chief Justice Elect shall undergo confirmation vote in the Senate. If the vote fails, a new Judicial Election shall be held.
4. Following their confirmation vote, the Chief Justice shall appoint an Associate Justice as Deputy Chief Justice, who shall act as Chief Justice when the Chief Justice is unable to and as interim Chief Justice during a Judicial Election.
5. Whenever a vacancy occurs for Associate Justices, the Chief Justice may appoint an Associate Justice. Said Justice must pass a confirmation vote in the Senate before assuming office.
6. The Senate shall hold confirmation votes on all serving Justices, including the Chief Justice, on the first day of March and September. This results in continuous six month terms until removal from office or resignation.
7. Whenever a justice has a personal or political conflict of interest with a particular court case they shall be required to recuse themselves. The Chief Justice may force an Associate Justice to recuse themselves, and the Deputy Chief Justice may force the Chief Justice to do the same.
8. The Supreme Court holds legal jurisdiction on all matters, including criminal and civil law, as well as the interpretation of all legally enforceable documents.
9. The Supreme Court shall, following a court case, have the power to rule a prior action of government, executive order, or law as unconstitutional and annul it.
10. If asked by citizens, the Supreme Court may clarify provisions in a law or in the constitution. These clarifications shall have no legal effect in themselves but may be used as justification in legal arguments and in legal decisions.
11. During a court case, Presiding Justices may issue Warrants which shall allow for the collection of private information.
Article V: The Electoral Commission
1. The Electoral Commission, composed of Electoral Commissioners, shall monitor and administer all elections and referendums in the region.
2. The Commission shall be composed of three Commissioners; the Chief Commissioner, the Chief Justice and the Speaker of the Senate
4. During a Judicial Election, the prior Chief Justice shall continue to serve on the Commission.
5. If no election or referendum regulations have been established in law, the Electoral Commission shall create election or referendum regulations. All election and referendum regulations, established in law or by the Commission, shall be publicly available and have the force of law.
6. The Electoral Commission shall be responsible for all aspects of setting up and running elections and referendums, including:
7. Following the conclusion of an election or referendum, the Electoral Commission shall release a detailed report on the results of the election or referendum. This report shall, among other things, include:
Article VI: Amendments and Provisions
1. Amendments to this constitution must be passed by a three-quarters supermajority in the Senate as well as a referendum prior to Presidential promulgation.
2. This constitution is the supreme legal entity, no action or document may contravene it.
3. This constitution shall come into effect when it has been approved by the emendation procedure of the prior constitution.
4. With the permission of the Chief Justice and during the maintenance of archives, archivists may make minor grammatical, spelling, or format changes to a law or similar if said edits do not impact legal meaning.
5. No one citizen may simultaneously occupy a position in all three branches of government.
6. The President, Chief Justice, and Speaker of the Senate may only serve in their respective branches, as ambassadors to other regions, or as staff within Ministries.
7. All institutions established within this constitution shall be self-regulating; but laws may expand upon their powers or place reasonable limits on their actions.
8. Unless otherwise specified in law or in a motion, all votes and referendums require a simple majority to pass; these are defined as more than half of the total votes or ballots cast.
9. Apart from simple majorities, some votes or referendums shall require a supermajority to pass; these are defined as a majority of votes equal to or exceeding a specified fraction greater than one-half.
A MOTION
To repeal and replace the Constitution of the Union of Democratic States with another constitution.
Introduced into the Senate of the Union of Democratic States on the 20th of April, 2021, by @Kron
As follows:
RECOGNIZING the current constitution's faults,
CONCERNED that these are unable to be fixed by simple amendments,
BELIEVING that a new constitution is the only solution,
BE IT ENACTED by the Senate and General Assembly:
Section 1: Short Title
1. This Act may be referenced as the "Motion to Repeal and Replace the Constitution"
Section 2: Provisions
1. The sixth Constitution of the Union of Democratic States, ratified on the 2nd of February 2020, is hereby repealed.
2. In the prior Constitution's place the new seventh Constitution of the Union of Democratic States, enclosed in its entirety below, shall be enacted:
Constitution of the Union of Democratic States
The Citizens of Our Union, through our unequivocal Rights, responsibilities and duties
hereby proclaim, and promulgate this Constitution, for the upholdment of our Liberty
and the progression towards a society duly ordained as Just and Progressive.
The Citizens of Our Union, through our unequivocal Rights, responsibilities and duties
hereby proclaim, and promulgate this Constitution, for the upholdment of our Liberty
and the progression towards a society duly ordained as Just and Progressive.
Article I: The Bill of Rights
1. All citizens shall enjoy the right to freedom of speech, press, assembly, and petition:
a). Freedom of speech is defined as the right to articulate one’s opinions and ideas without fear of reprisal, infliction, censorship, or sanction from the government.
b). Freedom of the press is defined as the right to use media to print, or otherwise disseminate, speech, ideas and opinions without fear of persecution from the government.
c). Freedom to petition is defined as the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals.
d). Freedom of assembly is defined as the right or ability of the people to come together and collectively express, promote, pursue, and defend their ideas without fear of persecution from the government.
2. No resident shall be blocked from the process of applying for citizenship unless they have been declared Persona Non Grata, banned via a court case, or applied during election season.
3. All citizens shall enjoy the right to a fair and speedy trial for crimes alleged against them. No citizen shall be subject to trial more than once for the same crime except when new and compelling evidence is discovered. No citizen may be withheld evidence in favor of their case. No citizen shall be held guilty for an act which did not constitute a criminal offense at the time it was committed.
4. No citizen shall be denied the right to a secret and confidential vote.
5. No resident shall face discrimination nor special treatment from the government.
6. Citizens have additional rights not specifically enumerated in the constitution, which may not be denied, withheld, nor violated by the government. These may be established through judicial procedures or in law.
Article II: The Senate
1. The legislative power of the government shall be vested in the Senate, the Legislative Branch, which shall be composed of Senators elected by citizens every two months.
2. Senators shall be elected via a proportional system as detailed by law; Senate Elections shall occur on the first day of every February, April, June, August, October, and December.
a). A by-election shall be held if a Senate seat becomes vacant during a term, unless a Senate Election occurs within ten days. The replacement Senator shall serve until the next Senate Election.
b). Five days before a Senate Election and during said election, the Senate shall be unable to pass laws.
3. The number of Senate seats at every election shall be calculated via the mean number of voters in the last three Senate Elections divided by four and rounded up.
a). This results in one Senate seat for every four voters.
4. During a term citizens may petition to recall serving Senators, in order to do so eight signatures of citizens must be collected and presented to the Electoral Commission. Following this, a by-election shall be held in which the serving Senator shall be automatically on the ballot.
5. Following a Senate Election, the Senate shall select from their ranks a Speaker of the Senate who shall guide debate, administer the Senate’s internal workings, and oversee Senate votes. If the office of the Speaker becomes vacant during a term, a new Speaker shall be selected for the term.
a). The Speaker shall appoint a Deputy to act in their place when the Speaker is unable to act; as interim Speaker in the event that the office of Speaker becomes vacant; and as an aid to the Speaker in the general proceedings of the Senate.
6. During the passage of all items, and in a manner pursuant to the Senate’s internal regulations and relevant law, debate shall occur; during debate, and unless otherwise specified, amendments may be proposed to legislation, motions and resolutions. Following the conclusion of debate Senators shall vote and if a tie occurs, the vote on item will have failed.
a). Interregional agreements may not be substantively amended in the Senate; laws may specify whether other items may be amended in the senate.
7. As the legislative branch of government, all laws and legislation must originate from the Senate and be duly passed by them before Presidential promulgation or veto. Laws may be drafted and proposed by any citizen.
8. Within fourteen days of a law’s introduction to the Senate, it may be challenged via a Writ of Challenge signed by four citizens. Following passage in the Senate, a referendum shall be held if four signatures are collected - a successful referendum will repeal the law.
9. The Senate may pass motions. These do not require Presidential promulgation, and may not be vetoed; these do not hold the same legal power as laws, but some may be deemed as legally enforceable. Examples of motions the Senate may pass include:
a). Standing Orders; in which internal rules and procedures are established.
b). Committee Establishments and Dissolutions: in which a formal body consisting of Senators and appointed citizens is created or dissolved.
c). A Summon; in which the summoned individual shall answer questions before the Senate.
d). This list is non-exhaustive and may be expanded upon via law or motions.
10. The Senate may hold votes of no confidence against the Vice President, Cabinet Ministers, Justices, the World Assembly Delegate and Senators; successful votes of no confidence result in removal from office and votes of no confidence may be held for:
a). Over 10 days of inactivity.
b). Criminal conviction.
c). Other reasons established by law.
11. The Senate shall hold confirmation votes on the World Assembly Delegate, Justices, Cabinet Ministers, and unelected Vice Presidents. Confirmation votes shall fail if they do not reach the required amount of votes. Failed confirmation votes result in the relevant official being removed or not appointed to office.
a). World Assembly Delegate confirmation votes shall occur on the first day of every March and September.
12. The Senate holds the power to veto Executive Orders via a three-quarters supermajority; similar powers exist in regards to any form of delegated or secondary legislation.
13. The Senate may overturn vetoes from the President with a three-quarters supermajority.
Article III: The President
1. As Head of State, Head of Government, and as leader of the Executive Branch, the President executes the law on behalf of the people. In this, the President acts as Chief Diplomat, Chief Law Enforcer and Prosecutor, Chief Immigration Officer, Commander in Chief, and Chair of the Cabinet.
2. The President shall be elected every three months. Presidential Elections shall occur on the first day of January, April, July, and October. Elections shall be carried out in accordance with regional law.
3. The President shall be elected alongside their Vice President, who shall act as a deputy and aid to the President. The Vice President shall act in their place when the President is unable to act, and as acting President in the event that the office of President becomes vacant.
a). Should the office of the Vice President become vacant, the President shall nominate a replacement to the Senate for a confirmation vote.
b). Laws may be passed that create a line of succession past the Vice President.
4. The President shall appoint a Cabinet of Ministers which shall carry out the day-to-day Executive governance of the region including the regulation of foreign affairs, domestic affairs, cultural affairs, and some legal matters. The President or Vice President may be a Minister.
a). The President shall hold the right to regulate the Cabinet as they see fit.
b). Ministries may be established by law or by the President. Ministries will not automatically cease to exist following vacancy in the office of the President.
c). An appointed Minister must pass a confirmation vote by the Senate to assume office.
5. The President shall hold a variety of powers which may be delegated to their Cabinet Ministers or the Vice President. These powers include:
a). Executive Orders; directions for the implementation of laws and regulations for the business of executive governance.
b). Persona Non Grata Declarations; which shall censure non-citizens and prohibit their entry into the region..
c). Accepting, denying and processing citizenship applications.
d). These powers may be expanded upon via law.
e). These powers may be further delegated by Cabinet Ministers to their subordinates; delegated powers are inferior to their source.
6. The office of the Attorney General shall exist as a Minister within the Cabinet, conforming to the same rules. The Attorney General shall advise the Cabinet and President on legal matters; represent the Executive government in legal proceedings; prosecute those who have broken the law; guide registered lawyers in the region; and register lawyers.
7. Following the passage of a law in the Senate, the President has five days to either promulgate the law and make it legally binding or veto it. Before promulgation or a veto, the President must first consult the Attorney General for legal advice regarding the law and its impacts.
a). Unless it is vetoed, a law automatically becomes promulgated after five days.
b). The Senate may overturn a veto with a three-quarters supermajority.
8. The President shall help draft interregional agreements. Only the President may propose interregional agreements to the Senate. Interregional agreements shall count as legislation, but may not be substantively amended once introduced to the Senate.
9. If the World Assembly Delegacy is vacant, the President shall appoint a replacement Delegate. An appointee must pass a confirmation vote by the Senate to assume office.
a). The World Assembly Delegate shall represent the region in the World Assembly and shall not be considered a part of the Executive Branch.
b). Following appointment and confirmation vote, World Assembly Delegate confirmation votes shall occur on the first day of every March and September.
Article IV: The Supreme Court
1. The judicial power of the government shall be vested in the Supreme Court, which shall be composed of a Chief Justice, who leads the Supreme Court, and up to four Associate Justices. Together, they form the Judicial Branch.
2. If the office of the Chief Justice is vacant, a Judicial Election shall be held, according to an electoral system established by law. The prior Chief Justice may not run in a Judicial Election.
3. Following a Judicial Election, the Chief Justice Elect shall undergo confirmation vote in the Senate. If the vote fails, a new Judicial Election shall be held.
a). The Chief Justice Elect may not run for reelection in this new Election if they lose the confirmation vote.
4. Following their confirmation vote, the Chief Justice shall appoint an Associate Justice as Deputy Chief Justice, who shall act as Chief Justice when the Chief Justice is unable to and as interim Chief Justice during a Judicial Election.
5. Whenever a vacancy occurs for Associate Justices, the Chief Justice may appoint an Associate Justice. Said Justice must pass a confirmation vote in the Senate before assuming office.
a). The Chief Justice shall be required to appoint a new Associate Justice if there is only one or no Associate Justices serving.
6. The Senate shall hold confirmation votes on all serving Justices, including the Chief Justice, on the first day of March and September. This results in continuous six month terms until removal from office or resignation.
7. Whenever a justice has a personal or political conflict of interest with a particular court case they shall be required to recuse themselves. The Chief Justice may force an Associate Justice to recuse themselves, and the Deputy Chief Justice may force the Chief Justice to do the same.
8. The Supreme Court holds legal jurisdiction on all matters, including criminal and civil law, as well as the interpretation of all legally enforceable documents.
9. The Supreme Court shall, following a court case, have the power to rule a prior action of government, executive order, or law as unconstitutional and annul it.
10. If asked by citizens, the Supreme Court may clarify provisions in a law or in the constitution. These clarifications shall have no legal effect in themselves but may be used as justification in legal arguments and in legal decisions.
11. During a court case, Presiding Justices may issue Warrants which shall allow for the collection of private information.
Article V: The Electoral Commission
1. The Electoral Commission, composed of Electoral Commissioners, shall monitor and administer all elections and referendums in the region.
2. The Commission shall be composed of three Commissioners; the Chief Commissioner, the Chief Justice and the Speaker of the Senate
a). The Chief Commissioner is appointed by the President and confirmed by the remainder of the Commission; they may appoint a Deputy Commissioner.
b). In extraordinary circumstances the Deputy Chief Justice and Deputy Speaker may serve on the Commission.
3. The Chief Commissioner may not run for an election unless they recuse themselves from the Election Commission and delegate their authority to their Deputy during that election. In such cases the Deputy Commissioner may not run in that election.4. During a Judicial Election, the prior Chief Justice shall continue to serve on the Commission.
5. If no election or referendum regulations have been established in law, the Electoral Commission shall create election or referendum regulations. All election and referendum regulations, established in law or by the Commission, shall be publicly available and have the force of law.
a). The Electoral Commission’s rule and regulations are subordinate to any passed law.
6. The Electoral Commission shall be responsible for all aspects of setting up and running elections and referendums, including:
a). The counting of votes.
b). The distribution of candidacy and voting forms.
c). The investigation of electoral fraud.
d). The maintenance of an election calendar open for viewing.
7. Following the conclusion of an election or referendum, the Electoral Commission shall release a detailed report on the results of the election or referendum. This report shall, among other things, include:
a). The total number of voters, as long as this respects each voter’s privacy.
b). The percentages and votes won by each candidate.
c). The placements of each candidate.
d). The results of any runoffs that occurred.
e). The results of any ties that occurred.
Article VI: Amendments and Provisions
1. Amendments to this constitution must be passed by a three-quarters supermajority in the Senate as well as a referendum prior to Presidential promulgation.
a). In order to repeal this constitution these requirements must also be met.
2. This constitution is the supreme legal entity, no action or document may contravene it.
3. This constitution shall come into effect when it has been approved by the emendation procedure of the prior constitution.
4. With the permission of the Chief Justice and during the maintenance of archives, archivists may make minor grammatical, spelling, or format changes to a law or similar if said edits do not impact legal meaning.
5. No one citizen may simultaneously occupy a position in all three branches of government.
6. The President, Chief Justice, and Speaker of the Senate may only serve in their respective branches, as ambassadors to other regions, or as staff within Ministries.
a). Justices may not serve in the Senate.
b). Justices may not serve as the Attorney General.
7. All institutions established within this constitution shall be self-regulating; but laws may expand upon their powers or place reasonable limits on their actions.
8. Unless otherwise specified in law or in a motion, all votes and referendums require a simple majority to pass; these are defined as more than half of the total votes or ballots cast.
9. Apart from simple majorities, some votes or referendums shall require a supermajority to pass; these are defined as a majority of votes equal to or exceeding a specified fraction greater than one-half.
