New Constitution: First Draft

[Gulliver]

6. I think instead of the Speaker breaking ties it should just clarify that a tied vote is not considered a majority.

and what good would changing that phrasing accomplish?

I personally prefer that the Speaker not have a tiebreaking vote, since essentially they vote twice, and for a legislative vote it doesn't matter if you have no tiebreaker since a tie just means no majority and the bill fails. I just worry that some people might not understand that and it would have to be explicit. Either way, this is not a point I feel strongly about and would still be okay with things the way they are now.

10. We would need to clarify qualifications for election the [Upper House] and whether they also can be in the [Lower House] at the same time.

I had actually thought about that last night, but shit was kinda crazy. Well, shit was crazy today too, but yeah. I think that maybe should be flexible? It really depends on how many ppl we have, I guess. Though I could see being in both as a possible conflict of interest.

Could just clarify people have to be citizens to hold government offices if it isn't already and call it a day for everything.

11. Methods of election should just be determined by law so we can adapt and debate this moving forward.

The main reason for putting that in, at least as it applies to the exec, was to preclude the possibility, nay, the thought, of condorcet from being thrust upon us. we've got that sorted already, so I'm fine with w/e on that now.

My reason for suggesting what I is actually quite similar to yours. I wanted to avoid getting in a situation where we were stuck with a problematic voting system that was then hard to replace. I guess it's a question of whether you want to make it potentially harder to adopt a bad system or potentially remove a bad system. I could go either way on this.

    12. Maybe we should elect the [Lieutenant Executive] separately like many U.S. states do and other regions do, because sometimes making sure people had someone running on the same ballot has them was a hassle in the past.

I disagree rather strongly on this. This could cause disharmony in the executive in the event ppl get elected who.. well, don't get along. and could cause issues.

A fair point. Realistically I don't think it'll make a huge difference and I can live with either.

14. I don't think the [Executive] should be able to veto constitutional amendments.

See my reply to elu about this

The idea of allowing the [Delegate] to force an amendment on a constitutional amendment is an interesting one, but at the same time I wonder if it would ever practically be used because there'll likely be such huge overlap between citizens and [lower house members].

[Eluvatar]

A REVISED PROPOSAL FOR DISCUSSION

As compared to the previous/current constitution

(As I think it's best to discuss name changes separately from structural changes, the name changes are not applied to this draft. Please don't take this as opposition to including the new names: I just think we should discuss the question of renaming positions to a theme separately from discussing how we want the government to work. Any and all critiques are welcome.)

(click to show/hide)

1. Put back the presentation of citizenship denials to the Senate as the upper, security and general oversight body. Can be revised further
2. Removed admissions procedure from constitution: details would better fit in a more easily updated procedure of the Council, or even left to common sense/tradition. Left in that the lower house admits applicants by majority vote.
3. Changed immunity provisions back to requiring the consent of the house, not the president of the house, for access to be denied. Not likely to come up much though.
4. Removed superfluous assertion that the upper house doesn't enact laws.
5. Made clear how upper house affects legislation, following Gulliver's suggestion of limiting the upper house's legislative power: it can veto the lower house, but the lower house can override that veto. Following SD's suggestion, only the upper house can override the Delegate's veto.
6. Added back confirmation of treaties by legislature: having it go from upper to lower house, two-thirds required of upper. The idea being that the Senate, as a senior oversight body, would be involved in the drafting and one'd better get a strong consensus from it in favor, but one does need some affirmation of a treaty as a piece of legislation from the broader community.
7. Removed administration of elections from the Court's purview. Will write attachable bill to redo the Elections and Referendums Act. Alternatively we could put in clauses somewhere that cover who administers elections by default...
8. Reversed order in which houses vote on impeachment: my reasoning is that as the upper house will be more involved in oversight and closer to what the Delegate's doing, they would be better informed and prepared to initiate impeachment in the worst case.
9. Removed much of the detailed rules for selecting the court and replaced it with a path to add justices through application to the upper house and to select the chief by the Delegate, leaving room for a more detailed law governing how we do judicial stuff later, keeping in mind our lessons with Courts in the past.
10. Reduced restrictiveness of separation of powers: we don't have enough people right now to have no Senators be Ministers. I would strongly support discouraging the appointment of Senators as Ministers once we have more people active though.
11. Added a general rule to clarify the timing of vetoes, and allowing allowing for an explicit waiver of veto. (So you can legally know that something has in fact taken effect because those who can veto it have decided not to).
12. Added explicit statement that if you stop being a citizen, you stop being a Minister or Speaker or what have you.

-Constitution of Taijitu-

Preamble:

We the people of Taijitu have come together to form a new Covenant for our region under the principles of direct action and democracy.

Article 1: Citizens
Section 1: Obtaining Citizenship

1.    Any person possessing a resident nation in the region of Taijitu and a World Assembly nation may apply for citizenship by providing the names of both nations.
2.    Any application for citizenship may be denied by the Delegate or an appropriate minister for any reason.
3.    If an application for citizenship is denied, the reasons for the denial will be presented to the Senate.
4.    The Senate may override any denials and approve the denied application by a majority vote.
5.    Any citizen may at any time change their resident or World Assembly nation if they notify the Delegate or an appropriate minister of the change.

Section 2: Rights

1.    All citizens may access the Regional Forums to the extent necessary to exercise their other rights.
2.    No citizen may be ejected from Taijitu or have their access to the Regional Forums limited without being charged with a criminal offense.
4.    All citizens will be guaranteed access to the Court and a swift, fair and public trial if accused of a crime.
5.    All citizens will be guaranteed the right to an attorney.
6.    No citizen may be compelled to bear witness against themselves.
7.    All citizens will have the privilege of participation in Taijitu Role Play unless it is abused.
8.    All citizens will be guaranteed the right to freedom of political speech.
9.    All citizens will be guaranteed the right to freedom of association.
10.    All citizens will be guaranteed the right to participate in any election or referendum.
11.    Any citizen who has registered on the Regional Forums may run for and hold public office.
12.    All citizens will be guaranteed equal protection under the laws and Constitution of Taijitu.
13.    No citizen will be considered necessarily deprived of any rights not enumerated here.

Section 3: Responsibilities

1.    All citizens will abide by the policies of the Regional Forums and the rules of Nationstates.
2.    Personal attacks on any forum member that go beyond the functions of gameplay will not be considered political speech and will be subject to review from the forum’s moderation team.

Section 4: Loss of Citizenship

1.    Any person whose World Assembly nation ceases to be a World Assembly nation or ceases to exist, whose resident nation voluntarily leaves Taijitu or ceases to exist, who changes their resident or World Assembly nation without notifying the Delegate or appropriate minister, or who fails to abide by their responsibilities will forfeit their citizenship and any other offices.
3.    Any citizen whose citizen nation continues to reside in Taijitu and whose World Assembly nation continues to be in the World Assembly may not lose their citizenship except by order of a criminal sentence issued by the Court.


Article 2: The Council
Section 1: Powers and Limitations

1.    The Council may propose bills to enact, amend, or repeal laws by a majority vote.
2.    The Council may override a legislative veto of the Senate by a two-thirds majority vote.
3.    The Council may ratify all treaties approved by the Senate by a majority vote.
4.    The Council may not enact any law which declares a person guilty of a criminal offense.
5.    The Council may not enact any law retroactively.
6.    The Council may admit citizens as members by a majority vote.
7.    The Council may remove senators by a two-thirds majority vote.

Section 2: Structure and Procedures

1.    The Council will be composed of a number of councillors.
2.    The Council will elect a Speaker to administer the affairs of the Council.
3.    The Council will determine its own procedures.
4.    In cases of ambiguity or where no procedures exist, the Speaker will use their own discretion.

Section 3: Immunities

1.    No councillor may have their access to the Council restricted without the consent of the Council.


Article 3: The Senate
Section 1: Powers and Limitations

1.    The Senate may veto  any proposal to enact, amend, or repeal laws passed by the Council by an absolute majority.
2.    The Senate may veto the appointment of a minister by an absolute majority.
3.    The Senate may override a legislative veto of the Delegate by an absolute two-thirds majority.
4.    The Senate may approve all treaties negotiated by the Delegate by an absolute two-thirds majority.
5.    The Senate may remove justices by an absolute majority.

Section 2: Structure and Procedures

1.    The Senate will be composed of a number of senators.
2.    The number of senators will be three unless determined otherwise by law.
3.    The Senate will determine and administer its own procedures.

Section 3: Election

1.    The Senate will be elected once every three months.
2.    All senators will be elected at large by the single non-transferable vote unless otherwise determined by law.


Section 4: Immunities

1.    No senator may have their access to the Senate restricted without the consent of the Senate.


Article 4: The Delegate
Section 1: Powers and Limitations

1.    The Delegate will be responsible for upholding and enforcing the law and Constitution.
2.    The Delegate will be the Commander in Chief of the armed forces.
3.    The Delegate's power to wage war may be regulated by law.
4.    The Delegate may negotiate treaties with foreign powers to be approved or rejected by the Senate and Council.
5.    The Delegate may veto any proposal to enact, amend or repeal laws not blocked by the Senate.
6.    The Delegate will, when the World Assembly Delegate of Taijitu, have access to regional controls.

Section 2: The Cabinet

1.    The Delegate will appoint a Cabinet of ministers to assist them in their duties.
2.    The Delegate may remove any minister.
4.    The Senate may remove any minister by an absolute majority.
5.    The ministries of the Cabinet may be regulated by law.

Section 3: Election

1.    The Delegate will be elected once every three months.
2.    The Delegate will be elected by an approval vote unless determined otherwise by law.

Section 4: Impeachment

1.    The Senate may impeach the Delegate by an absolute majority.
2.    If the Senate impeaches the Delegate, a Council vote on removing the Delegate will be held.
3.    If a two-thirds majority votes in favor, the Delegate will be removed from office.

Section 5: Continuity of Government

1.    Any person running for the office of Delegate will publicly choose a candidate for Lieutenant Delegate.
2.    If the person running for the office of Delegate is elected, their choice of candidate will assume the office of Lieutenant Delegate.
3.    If the Delegate is absent, removed prematurely or unable to perform their duties, the Lieutenant will assume the office of Delegate.
4.    Further offices in the line of succession for the office of Delegate may be defined by law.


Article 5: The Court
Section 1: Powers and Limitations

1.    The Court will try criminal cases under the law and civil cases between citizens.
2.    The Court will arbitrate disputes relevant to Taijitu between any citizens seeking arbitration.
3.    The Court's power to try civil cases and arbitrate disputes may be regulated by law.
4.    If a suit on the matter is brought, the Court may rule on the legality or constitutionality of a law or government act and annul any laws or acts deemed unlawful or unconstitutional.
5.    If an ambiguity in the Law or Constitution arises, the Court will be responsible for its resolution.
6.    No person may try a case in which they have any personal involvement.

Section 2: Structure and Procedures

1.    There will be a number of justices.
2.    In any case, the Court will be composed of a presiding justice and a number of jurors.
3.    The Chief Justice will administer the affairs of the Court
4.    The procedures of the Court will be determined by law.
5.    In cases of ambiguity or where no procedures exist, the Chief Justice will use their discretion.

Section 3: Appointment

1.    The Senate may approve applications for justice by an absolute majority.
2.    Justices will serve terms of three months.
3.    If there is no Chief Justice, the Delegate will appoint a justice as Chief.

Article 6: General Provisions
Section 1: Constitutional Superiority

1.    This constitution will be the supreme law of Taijitu and no other law may contradict its provisions.

Section 2: Separation of Powers

1.    The Speaker and Senate will constitute the leadership of the Legislative Branch.
2.    The Delegate and Lieutenant Delegate will constitute the leadership of the Executive Branch.
3.    No person may serve in more than one such leadership position simultaneously.

Section 3: Amendments

1.    The Council may propose an amendment to this constitution by a two-thirds majority vote.
2.    The Senate may ratify an amendment by an absolute two-thirds majority.

Section 4: Vetos

1.    Any veto by any official or body must be issued within one week of the act it applies to.
2.    Any official or body may waive their veto within one week of the act it would apply to.

Section 5: Resignations

1.    Any person may resign at any time from any government office they hold.

Edit: Minor wording changes, loosened treaty ratification requirement on SD's suggestion.

[Gulliver]

I can only find nitpicky points with this draft.

All citizens will be guaranteed the right to participate in any election or referendum.

There are no referendums specified in this draft, so the mention of it here is not necessary.

The Council may remove senators by a two-thirds majority vote

There's a period missing at the end of the sentence.

If there is no Chief Justice, the Delegate will appoint a justice as Chief.

It may be better to say "Chief Justice" in full at the end of the sentence, though I doubt anyone will be that pedantic about it.