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Constitutional Amendment #1; An amendment to Article III of the Constitution.
Topic Started: Jun 29 2018, 02:34 AM (431 Views)
Caesar
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Deputy Grand Councillor
Constitutional Amendment #1

An amendment to Article III of the Constitution.

Authored by:
Assembly Member Caesar
Emperor Emeritus Cognat I D'Vhakk

Proposed by:
Assembly Member Caesar



Foreword

The purpose of this proposal to the members of the Assembly is to amend and re-enact the sections and provisions under Article III of the Constitution currently titled "The Citizens' Assembly". All additions and subtractions from the original sections and provisions of this Article are subject to change if given a legitimate reason on the Assembly Floor.


Article III of the Constitution of The Ragerian Imperium shall be amended to read as such, be it enacted by the legislature of the region:




ARTICLE III - THE CITIZENS’ ASSEMBLY THE LEGISLATURE

  1. The legislative authority of the Ragerian Imperium shall be vested in the Citizens' Assembly, henceforth referred to as the Citizens' Assembly. The legislative authority of The Ragerian Imperium shall be equally divided among two houses defined here as the Assembly and the Senate.

  2. The Citizens' Assembly shall have the power to establish a uniform rule of naturalisation. The Assembly shall be the citizenry of The Ragerian Imperium, with the exception of Senators.


    1. This assembly shall have the power to compose legislation.

    2. This assembly shall have the power to vote on Senate bills.

  3. The Citizens' Assembly shall have the power to define crimes and their punishments. The Senate shall be a group of officials elected by the citizenry.


    1. This assembly shall have the power to compose legislation.

    2. This assembly shall have the power to vote on bills by the Assembly.

    3. The number of Senators shall be composed of three, five, or seven citizens, subject to legal regulation.

    4. The establishment of the Senate must be validated by Standing Orders and Electoral laws that do not conflict with the provisions of this Article.

  4. The Citizens' Assembly shall have the power to declare war through a majority vote. Each house shall act as a check and balance for the other.


    1. For a bill to be brought to assent, it must be approved by the house(s) that stand(s).

  5. The Citizens' Assembly shall have the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other Powers vested by this Constitution in the Government of The Ragerian Imperium, or in any Department or Officer thereof. The Assembly and the Senate shall both have an elected Speaker.


    1. The Speaker of the Assembly, shall have the responsibility of sending laws to the Senate upon a bill’s passing.

    2. The Speaker of the Senate shall have the responsibility of sending laws to the Assembly upon a bill’s passing.

  6. No Bill of Attainder or ex post facto law shall be passed.

  7. The Citizens' Assembly shall have the power to regulate the regional currency.

  8. The Citizens' Assembly and the Senate shall have the power to impeach the Grand Councillor, the Deputy Grand Councillor, the Councillor of Internal Affairs, the Councillor of External Affairs, any other Councillor, the Chief Justiciar, and any of the associate justiciars, and Senators with a ¾ majority vote.


    1. Impeachments of justiciars and councillors an office is are subject to the consent of the Sovereign.

    2. Office seats that are left vacant from an impeachment shall be refilled as established in electoral law that does not conflict with the provisions of this Article.

  9. Impeachments of justiciars and councillors are subject to the consent of the Sovereign.

  10. All Citizens serve as member of the Citizens’ Assembly.

  11. Unless specified otherwise, the Citizens’ Assembly and the Senate shall require a simple majority majority vote to pass legislation.


    1. Should a bill fail a vote in either house, the house that created it shall take it back and begin revisions followed by another vote.

  12. Legislation proposed by a citizen or Senator on the floor of the a Assembly or the Senate may shall be motioned for a vote after being on the floor for forty-eight hours.

  13. The Citizens and the Senators shall elect a Speaker every 8 weeks two months to preside over the Assembly and the Senate.


    1. The Speaker of the Assembly shall be elected from the Assembly.

    2. The Speaker of the Senate shall be elected by the Senate.

    3. Notwithstanding the provisions laid out in Section 8 of this Article, the Assembly and the Senate shall possess the power to impeach their elected Speakers with a ⅔ majority vote.

  14. The Speakers of the Citizens’ Assembly or the Senate shall then bring the bill to vote for 48 forty-eight hours at the ballot box Voting Desk.

  15. All bills passed by the Assembly must then be delivered by the speaker of the aforementioned Assembly to the visitor’s hall of the Sovereign's residence, where the Sovereign will provide assent to the bill if they so choose. All bills that pass the vote of the Assembly and the Senate shall be delivered by the Speaker of the second vote to the Visitor’s Hall of the Sovereign’s Residence for assent.


    1. If assent is denied by the Sovereign, the bill returns to the house of its origins for revisions and voting. The bill shall proceed through the same legislative process before being presented again.

    2. Laws may be enacted granting a bill an exact number of attempts for assent before becoming null and void.





Additional Information

Under current law, the Legislature is too specified in what sorts of legislation they are deemed to propose as evident in Sections 2 through 5. New law enacts that the Legislature, both Assembly and Senate, will have the power to legislate whatever they will be it acts of war, crimes and punishments, citizenship regulations, etc.

Under current law, the Assembly is the only legislative body in the region. New law enacts that there shall now be an elected body of citizens known as the Senate. The system intended to be created through the Senate is one of checks and balances instead of legislative hierarchy. Instead of a bill going in a linear direction from Assembly to Senate to Sovereign, or from Senate to Sovereign, the bill will go in an nonlinear direction.
New Law enacts the system that if the Assembly passes a bill, it then goes to the Senate who then vote on it and deliver it to the Sovereign among passing. New law also enacts that if a bill is started in the Senate, it is to pass a vote in the Assembly in the same manner as previously stated.

Under current law, there is no set system determining the fate of a bill that fails assent. New law enacts that if a bill is denied assent, it is sent back to the house that delivered it, be it the Assembly or the Senate, for revisions and another vote. This does not conflict with the provisions of Section 5 in Article 1 of the Constitution which states that bills that fail assent can be "either" thrown away "or" rewritten. New law establishes the way legislation is to be rewritten so as to save potential bills that could prove useful in the future.

Under current law, there are standard electoral procedures determining the election of Speakers for the Assembly and the Senate. New law enacts and upholds this standard procedure and leaves open any additional form of electoral procedure and regulation such as special elections, sudden resignations, impeachment procedure, and term lengths for Senators to be passed in laws separate of the Constitution.

Under current law, votes require 3/4 percent of total votes of impeachment to pass. New law enacts that the required percentage will be 2/3 for an impeachment vote to pass so as to assure a reasonable chance that an official who should be removed from office is removed.

Under current law, votes for standard bills and legislation require a "simple majority" of "50% plus 1" in order to pass. New law amends and enacts the reduction of the "simple" majority to the majority vote. For a bill to pass or fail, either side simply needs more than 50% of the total votes, be it 51%, 52%, etc.

The Additional Information section is not a part of the proposed bill and, if made into law, shall not be included in the revisions.




Edited by Caesar, Jul 3 2018, 10:32 PM.
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Eli Hesial
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Still, it removes aspects that are clear on what can and can't be done, and just gives vague wording. With this amendment, I could have a bill, with the right support sent to the Emperor to remove the monarchy, and it would be technically legal.
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His Imperial Highness, Scottie
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Then we need to add a necessary and proper clause?
and I don't really get what you mean by vague wording, I understand it perfectly and anything not understood are easily understandable by court passing something on it or a bill passing something on it.
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PowerPAOK
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I disagree that limiting powers should be separate to the Constitution. My own country's Constitution details powers of the federal government for example.

I believe the Constitution should detail what Bills can only be introduced in the Senate, and all others can begin in whichever house with due process. I recommend a Westminster checks-and-balances system between both houses as well. You can look into that or simplify it if you wish.
Edited by PowerPAOK, Jun 29 2018, 08:08 PM.
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Samsonyte
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This doesn't address the problem of Senators voting in the Plebeians' Assembly. Other than that, full support.
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Caesar
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Deputy Grand Councillor
Senators do not vote in the Assembly they are their own group. Part of the check and balance I established was that they are able to vote on the Assembly's bills instead of them going straight to the Sovereign so they can catch something the Assembly did not, in the circumstance that happens.
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Samsonyte
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Caesar
Jun 29 2018, 09:14 PM
Senators do not vote in the Assembly they are their own group. Part of the check and balance I established was that they are able to vote on the Assembly's bills instead of them going straight to the Sovereign so they can catch something the Assembly did not, in the circumstance that happens.
There would be nothing to stop Senators from voting in the Assembly though, allowing them to vote twice.
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The Honorable Aav Verinhall
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Chief Justicar
Exactly, as all citizens are a part of the lower house.
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PowerPAOK
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Yep. That should be addressed as well. By checks-and-balances, I meant how disagreements between the two houses will be addressed. Will we have joint sessions and free conferences so the two houses understand each other's reasoning? Free conferences is just a fancy way of saying facilitated conversations surrounding a Bill (just like this one) between all citizens, Senators included, in this context.
Edited by PowerPAOK, Jun 30 2018, 11:01 AM.
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Eli Hesial
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Until all of these are addressed, I will be not motioning this for a vote.
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Madeline
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That’s cute and all Eli but you do realize anyone can motion to vote, right?
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