Talk Elections

Atlas Fantasy Elections => Regional Governments => Topic started by: Boston Bread on April 02, 2015, 04:38:22 PM



Title: MA: Fix the Constitution Act (Final Vote)
Post by: Boston Bread on April 02, 2015, 04:38:22 PM
Quote
Fix the Constitution Act
The Mideast Constitution is hereby amended to read as follows:

We, the people of the States of Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, Ohio, Virginia, West Virginia, and Wisconsin, the Provinces of Nunavut and Ontario, and the city of Nyman, in order to found a more permanent government, establish, protect the general welfare, ensure domestic tranquility, provide for the common defense, and preserve the blessings of liberty for ourselves and our posterity, and trusting in the inherent equality of all men and women, do hereby ordain and establish this Constitution for the Commonwealth of the Mideast.

Article I
Section 1: All executive powers granted herein shall be vested in the Governor of the Mideast, who shall be chosen for a term of four months together with a Lt. Governor.

No person shall be Governor who is not a citizen of the Republic of Atlasia, nor who  has been a resident of this Region for fewer than thirty days at the time of his inauguration. No person shall be Lt. Governor who is not qualified to serve as Governor of this region.

Section 2: Elections for Governor and Lt. Governor shall be held every fourth month, in the months of January, May, and September. The method for electing the Governor shall be Standard Transferable Vote unless otherwise specified by law.

Candidates for Governor shall run jointly with a candidate for Lt. Governor and shall appear jointly on the ballot together. The candidate for Lt. Governor whose name appears on the ballot with the successful candidate for Governor shall be elected.

Section 3: The Governor shall have the exclusive authority to carry out all acts in association with the enforcement of the laws passed under this Constitution; to appoint members of the Superior Court; to fill vacancies in the Assembly, and the Lt. Governorship; to administer all elections and referendums mandated herein; to command the militia in times of war; to appoint, with the consent of the Assembly, the heads of any executive departments which may be established by law; and to approve, or veto, all acts passed by the legislative power of this Region.

It shall be the duty of the Governor, or of any officer appointed by him for the purpose with the consent of the Assembly, to maintain the Mideast Regional Wikipedia, particularly those pages concerning the laws and government of this region.

The Governor shall, from time to time, and at least once in his term, address the citizens of the Mideast on the state of the Region.

Whenever the Regional Senator of the Mideast should become unable to continue to represent this Region in the Atlasian Senate, it shall fall upon the Governor to appoint a replacement with the consent of the Assembly.

Section 4: Should the Governor, by reason of death, impeachment, or resignation, become unable to execute the powers of his office, the Lt. Governor shall assume the office of Governor for the remainder of his term. If there be no Lt. Governor at the time of the vacancy, the presiding officer of the Assembly will assume the Governorship.

Should the Governor become temporarily unable to execute the duties of his office, he may designate the Lt. Governor as Acting Governor for a period not greater than fourteen days.

Section 5: Should the Governor or Lt. Governor, or any other member of the executive branch, be guilty of high crimes or misdemeanors, or be absent from the Fantasy Elections Subforum for more than fourteen days at one time, they may be removed from office by the Assembly.

Article II
Section 1: All judicial powers herein established shall be vested in a Superior Court.

The Superior Court shall be composed of a Judge nominated by the governor with the consent of the Assembly. No person shall serve as Judge who is not a citizen of the Republic of Atlasia nor who has been a resident of this Region for fewer than thirty days.

Section 2: The Superior Court shall have jurisdiction over all disputes arising under the laws of this Region or the Constitution of the Mideast, and shall have the authority to nullify acts of the executive and legislative branches of this government which it finds to be in conflict with this Constitution.

Article III
Section 1: The legislative authority of this Region shall be vested in an Assembly, which shall be composed of five Representatives elected every second month by the citizens of the Mideast.

No person shall be elected to the Assembly who is not both a citizen of the Republic of Atlasia and a resident of the Mideast Region.

Unless otherwise specified by law, the Representatives of the Assembly shall be elected at-large by the entire population of the Mideast.

Section 2: The Assembly shall determine its own methods of proceedings, and shall have the power to select its own officers and to judge the qualifications of its members.

Section 3: The Assembly shall have the authority to lay and collect taxes within the Mideast; to fund the functions of government; to call forth the militia in times of war, and provide for the regulation of the same; to make laws to provide for the safety and welfare of the public; to provide for the edification of the populace; to construct roads, bridges, and other features of infrastructure; to impeach, by a 4/5 vote, members of the executive and judicial branches of government, though the sentence for a successful impeachment shall not exceed removal from office and a one year ban on officeholding within the Mideast; to confirm gubernatorial appointments for executive and judicial office; to regulate commerce; and to take all other actions which they deem necessary for the defense of this Constitution and the liberties of the people.

No power granted herein to the Assembly shall ever be assumed by any of the other branches of government.

Section 4: Every bill having been passed by the Assembly shall, before it becomes law, be presented to the Governor of the Mideast; if he approves of it, he shall sign it and it will become law; but if he disapproves, he may veto it, and it shall be returned to the Assembly. If the Assembly then passes the bill once more by a 4/5 vote it shall become law regardless of the Governor's opinion.

Section 5: Whenever the Assembly shall be equally divided over a measure, the Lt. Governor of the Mideast may vote to decide the issue. Should the Lt. Governor be at that time serving as Acting Governor, however, he shall be prohibited from exercising this power.

Section 6: The Assembly shall be responsible for passing an annual budget enumerating the expenditures of the Mideast government for the coming year.

The budget will go into effect on the first day of July in the year in which it is passed and will cease to be operative on the first day of July the following year unless otherwise provided for by law.

(continued in next post)


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 02, 2015, 04:40:05 PM
Quote
Article IV
Section 1: Any resident of one of the states of this Region, who shall be considered eligible to vote in elections for federal office, and having been a resident of this region for a period of seven days or more, shall likewise be eligible to participate in all elections and referendums conducted in the Mideast.

Section 2: Voters shall be permitted to edit their ballots until twenty minutes after posting them in the Regional Voting Booth. No voter shall edit their ballot after the official end of the voting period.

Section 3: No person shall campaign in the thread in which voting shall occur. If a person does so they shall have their vote(s) counted as invalid and shall be subject to further trial and punishment as the law may provide. A person's username and signature are exempt from this clause.

Section 4: All elections and public referendums shall be administered by the Governor of the Mideast, or by the person acting as Governor. If the Governor is unable to administer the election, then the Lt. Governor, the presiding officer of the Assembly, or the Judge of the Superior Court will do so, with responsibility progressing in the given order.

Section 5: Elections for Governor and Lt. Governor shall be held in the months of January, May, and September; elections for the Assembly shall be held in the months of January, March, May, July, September, and November. Voting shall begin between 00:01 on the third Thursday of the given month and 00:00 on the first Friday thereafter, and will conclude exactly 72 hours afterwards.

All elections for regional office will be conducted on the principle of a Single Transferable Vote. When the election is for a single office, the quota for election shall be a majority of the votes cast; when it is for multiple offices, the quota for election shall be the quotient of the total votes cast divided by the number of offices to be filled. All surpluses will be redistributed proportionally according to the next-highest preferences of the ballots in question.

Section 6: Whenever a public referendum is to be held, the officer administering the election shall immediately open a thread in the Fantasy Elections Board in which the measure to be voted on can be read and discussed. After approximately 72 hours time, the officer shall then open the voting booth. Voting will continue for exactly 72 hours, except when the referendum is on a proposed amendment to the federal Constitution, in which case the vote shall continue for exactly 168 hours.

In all referendums, citizens will vote either "aye" (or yes), "nay" (or no), or "abstain". The referendum will only be considered to have passed if a majority of voters voted "aye".

Section 7: Candidates for Regional office must declare themselves as such in the appropriate thread by 00:01 on the Tuesday preceding the election in order to appear on the ballot. In order for a gubernatorial ticket to appear on the ballot, both the candidate for Governor and the candidate for Lt. Governor must declare their candidacies before this time.

Any qualified citizen of the Mideast may declare their intention to accept write-in votes at any time prior to or during the election, either by announcing so in the appropriate thread or by casting a write-in vote in their own name.

No candidate will be permitted to appear on the ballot who does not meet the qualifications for officeholding set forth in this Constitution. Write-in votes for persons Constitutionally unqualified to hold office will not be counted.

Section 8: If a citizen, meeting the Constitutional requirements for the exercise of the franchise, will be unable to access the Mideast Voting Booth during the time of the election, he or she may request an Absentee Ballot from the Governor. Said ballot shall be cast in a voting booth created for the purpose on the Fantasy Elections board, and may be edited at any time prior to the commencement of the election.

Section 9: All citizens elected to serve in the Regional Government will take office on the first Friday following their election.

Prior to assuming office, all regional officeholders will swear the following oath: "I, [state name], do solemnly swear (or affirm) that I will faithfully execute the office of [state office name] and will to the best of my ability, preserve, protect and defend the Constitution of the Mideast Region."

Article V
Section 1: No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection under the laws of this Region.

Section 2: The right of the people to keep and bear arms of a nature reasonable for self defense shall not be infringed.

Section 3: No person shall be held in slavery or involuntary servitude except as punishment for a crime of which they have been duly convicted.

Section 4: The privilege of the Writ of Habeas Corpus shall not be denied except in times of public rebellion or natural disaster, and then only in a manner consistent with law.

Section 5: No branch of the Regional government shall conscript any person into the service of the Armed Forces except in times of war, public rebellion or natural disaster, and then only in a manner consistent with law.

Section 6: No soldier shall, in times of peace, be quartered in any house or building without the consent of the owner, nor in times of war except in a manner consistent with the law.

Section 7: The Armed Forces shall not be used for law enforcement or policing duties except in times of public rebellion or in the interests of public safety, and then only in a manner consistent with Law.

Section 8: No branch of the Regional government shall issue a law or declaration respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or expression, or of the press.

Section 9: No branch of government shall restrict freedom of association, nor the right to peacefully assemble and petition the government for redress of grievances.

Section 10: No law shall be passed requiring a voter to denote their State of fantasy residence during an election.

Section 11: The right of the people to be secure in their persons, houses, papers, communications and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Section 12: The right to trial by jury shall be preserved and such trial will be as open and swift as justice shall allow. No person shall be tried for the same offense twice, nor shall any person be compelled to bear witness against himself. In cases of criminal prosecution, the accused shall enjoy the right to be informed of the nature and cause of the accusation and the witnesses against him; to bring witnesses in his own defense; and to have the assistance of counsel in his defense.

Section 13: Private property shall not be taken for public use without just compensation.

Section 14: The right of the people to privacy outside of the public sphere shall not be infringed.

Section 15: No person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the armed forces, or in the militia, when in actual service in time of war or public danger.

Section 16: In suits at common law, where the value in controversy shall exceed a hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the Mideast Region, than according to the rules of the common law.

Section 17: No person, either accused or convicted of a crime, shall be subjected to excessive bail, nor excessive fines, nor cruel or unusual punishment.

Section 18: An educated populace being essential to the maintenance of a Republican society, it shall be the duty of this government to maintain publicly funded schools, which shall be open to all citizens under the age of 18.

Section 19: No law shall be passed by this government prohibiting any action which is not directly harmful to the public well being.

Section 20: Persons in employment shall have the right to organize for the purpose of collective bargaining, with such exceptions as the law may provide on grounds of vital Regional interests.

Section 21: No citizen shall be denied the right to the elective franchise except as the result of conviction of a crime under the laws of this Region, nor shall any citizen be deprived of the rights enumerated herein on the basis of race, class, creed, or sexuality.

Section 22: The holding of multiple offices under this government shall be prohibited.

Section 23: The enumeration of certain rights in this Constitution shall not be construed to deny or disparage those natural liberties herein unlisted.

Article VI
Section 1: The Assembly, whenever it shall deem it necessary, may propose Amendments to this Constitution which, upon their ratification by a public referendum, shall become operative as part of this Constitution.

Section 2: Whenever 4/5 of the Assembly or 1/4 of the registered voters of this Region shall consider it desirable to improve this Constitution more fully, the Governor shall call for a Constitutional Convention to propose revisions to this document, or to replace it entirely.

Section 3: This Constitution, and all Laws passed under its authority, shall be the supreme law of the land, except when it may conflict with the federal Constitution, in which case the latter shall be supreme.

Sponsor: Harry S Truman

For the sake of simplicity, could the sponsor explain what changes or additions this amendment makes?


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 02, 2015, 04:46:29 PM
I assume this amendment removes what is currently Article VII, Section I? Here it is for reference:

Quote
Section 1: Budget
The Mideast Government shall be responsible for passing an annual budget. This budget must be on the Governor's desk by July 1st of each year.
The Mideast Budget may not exceed 100% of total revenue brought in per fiscal year. Any surplus that is accumulated shall be entered into the “Mideast Emergency Fund.”
In case of emergency in which the Mideast Government needs to pass a budget greater than 100% of total revenue, the Assembly may approve such a budget with a 2/3rds majority and/or cover some or all of the deficit with money from the “Mideast Emergency Fund.”
If the Mideast Assembly fails to pass an annual budget, the Assembly shall be required to suspend all other legislation in debate until appropriate measures are taken.

If I support all the other amendments which this act proposes (not sure yet, I need to look over the changes), I will withdraw my Budget Flexibility Amendment.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 02, 2015, 07:07:11 PM
For the sake of simplicity, could the sponsor explain what changes or additions this amendment makes?

I'd be happy to. My original intention when I conceived this bill was to make a few minor alterations to the Constitution, specifically the addition of sections listing the powers held by the governor and the Assembly. I quickly realized, however, that the Mideast Constitution as it currently stands is highly disorganized: election regulations are scattered throughout three different Articles; passages governing the Assembly are stuffed in odd places throughout the document. There are also large portions of the Constitution that clearly need to be removed: Article III Section 2, for example, allows the governor to bypass the rest of the regional government by holding referendums on legislation that has been rejected by the Assembly, essentially throwing the principle of separation of powers out the window.

Basically, this bill is a reorganization of the current Constitution. I have made some changes to the structure of government (adding an enumeration of powers for the governor and Assembly, for example), but most of what I have done is reorganize and rephrase the current document so as to make it easier to find applicable information. Election regulations, for example, have been collected under Article IV, whereas previously only 50% or so of the clauses relating to elections were listed there. I have also pruned some of the more out-of-date or unused portions, such as Sections 4 and 5 of Article III, which set up a system for ballot initiatives and recall elections that does not appear to have been much used.

For reference, here is a list of all major changes proposed by this bill:

Changes to Article I
  • Added enumeration of powers held by the governor and lt. governor
  • Eliminated Section 4 of the current Constitution, which removes the governor from office if he fails to update the Wiki
  • Added "State of the Region Address"
  • Moved election specifics to Article IV
  • Added minimum residency of 30 days to gubernatorial qualifications
  • Added procedure for replacing Senators (previously in Article III)

Changes to Article II
  • Added minimum residency of 30 days to qualifications for Judgeship

Changes to Article III
  • Added enumeration of powers held by the Assembly
  • Removed Sections 2, 3, 4, and 5 of the current Article III, which allowed the governor to hold referendums on legislation that has been rejected by the Assembly (violating the separation of powers) and set in place a little-used ballot initiative  and recall system
  • Moved procedure for replacing Senators to Article I
  • Added section concerning the budget (previously in Section VI). New Section does not mandate that the budget be balanced
  • Added section describing the process of enacting legislation

Changes to Article IV
  • Added election specifics previously in Articles I and III
  • Added description of voting method to be used in regional elections (current Constitution references a piece of federal legislation)
  • Otherwise consolidated election regulations previously scattered throughout the document.

Changes to Article V
  • Combined Sections 21 and 22 of the current Constitution
  • Added section prohibiting officials from holding more than one office simultaneously

Changes to Article VI
  • Removed Section 2, which described the process of adopting the Constitution and is therefor no longer needed
  • Added procedure for calling a Constitutional Convention

Article VII of the current Constitution is folded into Articles I and III

This bill is far from perfect (I think JCL mentioned that the recent Lt. Governor amendment was omitted), and I'm open to negotiating pretty much all of it. This is simply intended to be a starting point for a much-needed pruning of the Constitution.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 07, 2015, 10:20:41 AM
The changes you posted make sense to me for the most part. I'll introduce an amendment reintroducing the constitutional amendments passed in the previous assembly.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 07, 2015, 03:38:07 PM
My amendment:
Quote
Fix the Constitution Act
The Mideast Constitution is hereby amended to read as follows:

... (omitted to save space, nothing changed here)

Article III
Section 1: The legislative authority of this Region shall be vested in an Assembly, which shall be composed of five Representatives elected every second month by the citizens of the Mideast.

No person shall be elected to the Assembly who is not both a citizen of the Republic of Atlasia and a resident of the Mideast Region.

Unless otherwise specified by law, the Representatives of the Assembly shall be elected at-large by the entire population of the Mideast.

Section 2: The Assembly shall determine its own methods of proceedings, and shall have the power to select its own officers and to judge the qualifications of its members.

Section 3: The Assembly shall have the authority to lay and collect taxes within the Mideast; to fund the functions of government; to call forth the militia in times of war, and provide for the regulation of the same; to make laws to provide for the safety and welfare of the public; to provide for the edification of the populace; to construct roads, bridges, and other features of infrastructure; to impeach, by a 4/5 vote, members of the executive and judicial branches of government, though the sentence for a successful impeachment shall not exceed removal from office and a one year ban on officeholding within the Mideast; to confirm gubernatorial appointments for executive and judicial office; to regulate commerce; and to take all other actions which they deem necessary for the defense of this Constitution and the liberties of the people.

No power granted herein to the Assembly shall ever be assumed by any of the other branches of government.

Section 4: Every bill having been passed by the Assembly shall, before it becomes law, be presented to the Governor of the Mideast; if he approves of it, he shall sign it and it will become law; but if he disapproves, he may veto it, and it shall be returned to the Assembly. If the Assembly then passes the bill once more by a 4/5 vote it shall become law regardless of the Governor's opinion.

Section 5:
1. The Governor shall be assisted in his duties by a Lieutenant Governor
2. If a bill has been voted on by the Assembly and a tie remains, the Lieutenant Governor shall, under certain conditions, be able to break the tie by voting on it within a period of two days after the final vote by the Assembly has been declared.
3. The previous clause shall only come to effect when at least one of the following situations hold:
a. There is a vacancy
b. One or more Assembly member is grossly inactive. Gross inactivity is defined as having at least four consecutive days where no post was made in an Assembly thread, or missing two consecutive votes
c. There is a tie where all Assembly members participated in the voting, with one or more members abstaining
4. Should the Lt. Governor be at that time serving as Acting Governor, however, he shall be prohibited from exercising this power.


Section 6: The Assembly shall be responsible for passing an annual budget enumerating the expenditures of the Mideast government for the coming year.

Section 7: A member of the Assembly who has missed five consecutive final votes, which lasted at least 48 hours, without having previously posted a leave of absence shall be automatically and immediately removed from office. Additionally, if any member of the Assembly has not posted in any Mideast Assembly Thread for seven consecutive days, during which time they have missed two final votes lasting at least 48 hours, without having posted a leave of absence for this period, then a vote may be taken to remove the Assemblyperson from office.

The budget will go into effect on the first day of July in the year in which it is passed and will cease to be operative on the first day of July the following year unless otherwise provided for by law.

Changes:
There is indeed a provision for the Lt. Gov to break ties in Article III, Section 5. But JCL's amendment put restrictions on the circumstances in which the Lt. Gov can break ties. I replaced Section 5 with the amendment passed by the assembly.

Additionally, an anti-inactivity amendment was passed. I don't see such a clause in the proposed constitution changes; it should be reintroduced in Article III.

However, I think both these passed amendments could be modified if we are to aim for a compact, easily understood constitution.

If Harry S Truman finds nothing wrong with the passed amendments, he may adopt my amendment without a vote as the sponsor of the bill.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 07, 2015, 05:04:41 PM
I'm fine with the content of the amendment, though I agree with the Speaker that they could be cleaned up in the interests of simplicity.

I propose the following amendment (essentially the same as New Canadaland's, but more compact):

Quote
Fix the Constitution Act
The Mideast Constitution is hereby amended to read as follows:

... (omitted to save space, nothing changed here)

Article III
Section 1: The legislative authority of this Region shall be vested in an Assembly, which shall be composed of five Representatives elected every second month by the citizens of the Mideast.

No person shall be elected to the Assembly who is not both a citizen of the Republic of Atlasia and a resident of the Mideast Region.

Unless otherwise specified by law, the Representatives of the Assembly shall be elected at-large by the entire population of the Mideast.

Section 2: The Assembly shall determine its own methods of proceedings, and shall have the power to select its own officers and to judge the qualifications of its members.

Section 3: The Assembly shall have the authority to lay and collect taxes within the Mideast; to fund the functions of government; to call forth the militia in times of war, and provide for the regulation of the same; to make laws to provide for the safety and welfare of the public; to provide for the edification of the populace; to construct roads, bridges, and other features of infrastructure; to impeach, by a 4/5 vote, members of the executive and judicial branches of government, though the sentence for a successful impeachment shall not exceed removal from office and a one year ban on officeholding within the Mideast; to confirm gubernatorial appointments for executive and judicial office; to regulate commerce; and to take all other actions which they deem necessary for the defense of this Constitution and the liberties of the people.

No power granted herein to the Assembly shall ever be assumed by any of the other branches of government.

Section 4: Every bill having been passed by the Assembly shall, before it becomes law, be presented to the Governor of the Mideast; if he approves of it, he shall sign it and it will become law; but if he disapproves, he may veto it, and it shall be returned to the Assembly. If the Assembly then passes the bill once more by a 4/5 vote it shall become law regardless of the Governor's opinion.

Section 5: The Lt. Governor shall be permitted to participate in the proceedings of the Assembly, but he shall have no vote unless they be equally divided, and then only in the event of a vacancy in the legislature, or the absence of one or more Representatives for a period exceeding four days, or whenever the entire Assembly shall have voted on the proposal in question.

Whenever the Lt. Governor shall serve as Acting Governor of the Mideast, he shall temporarily forfeit his membership in the Assembly.


Section 6: The Assembly shall be responsible for passing an annual budget enumerating the expenditures of the Mideast government for the coming year.

The budget will go into effect on the first day of July in the year in which it is passed and will cease to be operative on the first day of July the following year unless otherwise provided for by law.

Section 7: Whenever any Representative shall have been absent from the Assembly for a period exceeding seven days, during which time at least two bills should have been brought to a vote, without posting a Leave of Absence for the same, he shall be subject to expulsion from the legislature at the discretion of the Assembly.

Should any Representative be absent from the Assembly for a period exceeding twenty-one days, during which time at least five bills should have been brought to a vote, he shall be considered to have forfeited his seat in the legislature.


NOTE: In the clause outlining the circumstances in which the Lt. Governor can cast a tie-breaking vote, I removed the part about abstentions from the third circumstance, since if all five members of the Assembly voted on a bill, that one or more of the members voted "abstain" is a given. I also eliminated clause 1 of Section 5, as the office of Lt. Governor was already established in Article I.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 08, 2015, 02:04:05 PM
I support both changes so I withdraw my amendment.
I want to see more Assembly members comment on this bill - it's too big a project for it to go unnoticed.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 10, 2015, 11:59:52 AM
I suppose I'll call a vote on Truman's amendment. Please vote Aye, Nay, or Abstain.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on April 10, 2015, 01:31:32 PM
Aye


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: MyRescueKittehRocks on April 10, 2015, 09:29:46 PM
Is this changing, in any way, the amendment just ratified?


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on April 11, 2015, 07:10:38 AM
Is this changing, in any way, the amendment just ratified?
No. The wording is different but the 3 conditions in which a tiebreaker is allowed remains in place.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 11, 2015, 06:46:21 PM
I'd like to keep the ballot initiative process.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on April 11, 2015, 09:51:09 PM
I'd like to keep the ballot initiative process.
Go ahead and introduce any amendments you think would improve the bill.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 11, 2015, 11:11:12 PM
I'd like to keep the ballot initiative process.
Go ahead and introduce any amendments you think would improve the bill.
I will as soon as I can navigate exactly what is being changed so I know how to put it back in.



Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on April 12, 2015, 07:20:28 AM
The amendment has passed by a 1-0 vote.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 12, 2015, 08:39:27 PM
Amendment to Article IV:

Quote
Section 10. Should the Assembly pass legislation, and that legislation becomes law, and at least 25% of the population publicly protest the measure in a separate thread, a public referendum shall be held on that legislation.

Section 11. Initiatives may be proposed for public referendum with the support of at least 25% of the number of registered voters in the Mideast.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 13, 2015, 12:46:28 PM
I'm very concerned by the low threshold for holding a referendum under Section 10. It seems to me that this would effectively nullify the ability of the Assembly to pass laws that are supported by less than 86% of the people, which would effectively paralyze the regional government and make the outcome of Assembly elections virtually meaningless. What's the point of having a legislature to propose and pass legislation if any law opposed by 15% of the electorate then has to be approved by a referendum? What's the point of running candidates for office when you can force a public vote on virtually every bill approved by the government without ever electing a single officeholder? In such a case we might as well abolish the Assembly entirely and set up some sort of Soviet where zombie voters and political tacticians control the legislative process.

I object to Shua's amendment in its current form, but I would consider voting for it if the threshold in Section 10 is raised significantly.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 13, 2015, 01:16:14 PM
I have updated it to 25%.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 13, 2015, 09:17:16 PM
Twenty-five percent seems reasonable, though I'm still somewhat skeptical of the need for such a provision. Would you mind explaining your rationale for including this?


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 13, 2015, 09:51:34 PM
Twenty-five percent seems reasonable, though I'm still somewhat skeptical of the need for such a provision. Would you mind explaining your rationale for including this?

While not used often, there have been times when a particular bill creates a great deal of controversy, and people become active in debating and organizing on the question.  It is good for activity and engagement within the region to have these questions brought before the public once in a while.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 14, 2015, 02:28:45 PM
Twenty-five percent seems reasonable, though I'm still somewhat skeptical of the need for such a provision. Would you mind explaining your rationale for including this?

While not used often, there have been times when a particular bill creates a great deal of controversy, and people become active in debating and organizing on the question.  It is good for activity and engagement within the region to have these questions brought before the public once in a while.

That seems fair enough. Generally speaking, I'd prefer citizens to get involved in the legislative process by running for the Assembly, but I can see how it would be good for voters to have some veto power over their government in certain instances.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 16, 2015, 08:26:48 AM
I am calling a vote on Shua's amendment. Please vote Aye, Nay, or Abstain.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Unconditional Surrender Truman on April 16, 2015, 11:07:21 AM
Aye


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on April 17, 2015, 01:25:02 PM
Aye


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 17, 2015, 02:17:40 PM
Aye


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: MyRescueKittehRocks on April 18, 2015, 02:00:44 PM
Nay. 50 % plus one vote minimum. I'm rather skeptical in giving citizens veto power over legislation period. Elections should have consequences and giving citizens such a liberal veto on legislation kinda undermines that.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Unconditional Surrender Truman on April 18, 2015, 03:03:47 PM
I'm rather skeptical in giving citizens veto power over legislation period. Elections should have consequences and giving citizens such a liberal veto on legislation kinda undermines that.

I agree mostly, but there are certain hypothetical situations (ie: the Assembly gives itself a life term) where I can see this passage proving beneficial. Keep in mind that 25% simply triggers a referendum; you would still need a majority to overturn the law. In any case, the fact that this provision does not seem to have been utilized much in the past leads me to believe that it will not be abused.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on April 18, 2015, 06:15:30 PM
The amendment has passed 3-1.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 18, 2015, 08:31:09 PM
I propose the following amendment to Article III:

Quote
Article III
Section 1: The legislative authority of this Region shall be vested in an Assembly, which shall be composed of five Representatives elected every second month by the citizens of the Mideast.

No person shall be elected to the Assembly who is not both a citizen of the Republic of Atlasia and a resident of the Mideast Region.

Unless otherwise specified by law, the Representatives of the Assembly shall be elected at-large by the entire population of the Mideast.

Section 2: The Assembly shall determine its own methods of proceedings, and shall have the power to select its own officers and to judge the qualifications of its members.

Section 3: The Assembly shall have the authority to lay and collect taxes within the Mideast; to fund the functions of government; to call forth the militia in times of war, and provide for the regulation of the same; to make laws to provide for the safety and welfare of the public; to provide for the edification of the populace; to construct roads, bridges, and other features of infrastructure; to impeach, by a 4/5 vote, members of the executive and judicial branches of government, though the sentence for a successful impeachment shall not exceed removal from office and a one year ban on officeholding within the Mideast; to confirm gubernatorial appointments for executive and judicial office; to regulate commerce; and to take all other actions which they deem necessary for the defense of this Constitution and the liberties of the people.

No power granted herein to the Assembly shall ever be assumed by any of the other branches of government.

Section 4: Every bill having been passed by the Assembly shall, before it becomes law, be presented to the Governor of the Mideast; if he approves of it, he shall sign it and it will become law; but if he disapproves, he may veto it, and it shall be returned to the Assembly. If the Assembly then passes the bill once more by a 4/5 vote it shall become law regardless of the Governor's opinion.

If any bill should be presented to the Governor, and he should fail to either sign or veto it within five days of its passage, it shall become law irrespective of his judgement.

Section 5: Whenever the Assembly shall be equally divided over a measure, the Lt. Governor of the Mideast may vote to decide the issue. Should the Lt. Governor be at that time serving as Acting Governor, however, he shall be prohibited from exercising this power.

Section 6: The Assembly shall be responsible for passing an annual budget enumerating the expenditures of the Mideast government for the coming year.

The budget will go into effect on the first day of July in the year in which it is passed and will cease to be operative on the first day of July the following year unless otherwise provided for by law.

Essentially, the purpose of this amendment is to prevent an inactive governor from paralyzing the regional government.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 19, 2015, 12:39:30 PM
I agree with Truman's amendment.


Title: Re: MA: Fix the Constitution Act
Post by: MyRescueKittehRocks on April 19, 2015, 11:20:35 PM
I agree


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 20, 2015, 10:58:57 PM

I am calling a vote on Truman's amendment. Please vote Aye, Nay, or Abstain.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 21, 2015, 12:11:31 AM
Aye


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on April 21, 2015, 06:00:45 AM
Aye


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Unconditional Surrender Truman on April 21, 2015, 02:25:13 PM
Aye


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: MyRescueKittehRocks on April 21, 2015, 02:33:53 PM
Aye


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Hatman 🍁 on April 21, 2015, 08:47:20 PM
Abstain


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on April 22, 2015, 01:18:09 AM
The amendment passes 4-0.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 23, 2015, 07:44:07 PM
Are there any more amendments/ suggestions?


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 24, 2015, 01:52:31 PM
I will call a vote tomorrow if there are no objections.
If there are any parts of the amendment that would cause you to vote nay, say it now so we can still get it worked out.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 24, 2015, 04:56:39 PM
What is the basis for the description of the governor's powers in article 1, section 3?  I'm just wondering if there are any changes there from current law.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 24, 2015, 05:39:58 PM
What is the basis for the description of the governor's powers in article 1, section 3?  I'm just wondering if there are any changes there from current law.

Our current Constitution does not contain an explicit, compact enumeration of the governor's powers. Specific sections do grant him authority to sign/veto laws, appoint judges, administer elections, and fill vacancies in the Assembly, so I included those here; law enforcement, commanding the militia, and appointing the heads of executive departments are traditional executive powers, so I included those as well.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 25, 2015, 09:13:47 AM
Two issues I see here:

"Commanding the militia" when this militia is not otherwise established or described in the Regional Constitution.

and

Exclusive authority over the voting booth, which would make it impossible to conduct an election if the governor was for whatever reason not available.  Also the region at one point iirc enacted conditions for a separate voting booth administrator in cases where there seemed to be a conflict of interest, and this would prohibit that.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 25, 2015, 04:23:11 PM
Two issues I see here:

"Commanding the militia" when this militia is not otherwise established or described in the Regional Constitution.
Actually, Article III, Section 3 allows for the Assembly to "call forth the militia in times of war". As for a more detailed description of the militia, I would support a "Militia Law" outlining the structure of the militia (after the ruckus surrounding the Civil Rights Act, it seems like a good idea to have one), but I don't think it's a good idea to enshrine such an Act in the Constitution.

Exclusive authority over the voting booth, which would make it impossible to conduct an election if the governor was for whatever reason not available.  Also the region at one point iirc enacted conditions for a separate voting booth administrator in cases where there seemed to be a conflict of interest, and this would prohibit that.

The governor's power to conduct elections is not exclusive. Article IV, Section 4 states:

Quote
Section 4: All elections and public referendums shall be administered by the Governor of the Mideast, or by the person acting as Governor. If the Governor is unable to administer the election, then the Lt. Governor, the presiding officer of the Assembly, or the Judge of the Superior Court will do so, with responsibility progressing in the given order.

I hope this sufficiently addresses your concerns!


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 25, 2015, 11:38:51 PM
Thank you for the response, but I believe there is a contradiction here between Article I and IV, and the language gives exclusive authority to the governor in terms of appointments (Lt Gov and Judicial) which are presently, by tradition if not by law, subject to assembly approval. I'll see if I can come up with something to address this.

I am not sure about giving the assembly the express authority to call up a militia without clarifying this power further. I'll have to think about that.


Title: Re: MA: Fix the Constitution Act
Post by: SUSAN CRUSHBONE on April 26, 2015, 03:42:14 PM
are you guys trying to repeal my balanced budget amendment again? -_-


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 26, 2015, 05:17:02 PM
Thank you for the response, but I believe there is a contradiction here between Article I and IV, and the language gives exclusive authority to the governor in terms of appointments (Lt Gov and Judicial) which are presently, by tradition if not by law, subject to assembly approval. I'll see if I can come up with something to address this.

Article III lists confirming gubernatorial appointments as one of the powers held by the Assembly. For some reason, I did not specify that in Article I. We could fix that by adding "with the consent of the Assembly" to the end of that clause. As for the contradictions between Articles I and IV, there are a number of potential ways to resolve that, from deleting the word "exclusive" (which has the downside of somewhat weakening the separation of powers) to simply removing the applicable clause from Article I entirely (which would defeat the idea of centralizing all gubernatorial powers in one section). Thoughts?




Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 26, 2015, 11:02:44 PM
I suggest removing the word exclusive and adding in something along the lines of "with assembly approval", to keep with tradition.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 27, 2015, 12:54:14 AM
ok, here is an amendment for that:
Quote
Article I
Section 1: All executive powers granted herein shall be vested in the Governor of the Mideast, who shall be chosen for a term of four months together with a Lt. Governor.

No person shall be Governor who is not a citizen of the Republic of Atlasia, nor who  has been a resident of this Region for fewer than thirty days at the time of his inauguration. No person shall be Lt. Governor who is not qualified to serve as Governor of this region.

Section 2: Elections for Governor and Lt. Governor shall be held every fourth month, in the months of January, May, and September. The method for electing the Governor shall be Standard Transferable Vote unless otherwise specified by law.

Candidates for Governor shall run jointly with a candidate for Lt. Governor and shall appear jointly on the ballot together. The candidate for Lt. Governor whose name appears on the ballot with the successful candidate for Governor shall be elected.

Section 3: The Governor shall have the exclusive authority to carry out all acts in association with the enforcement of the laws passed under this Constitution; to appoint members of the Superior Court; to fill vacancies in the Assembly, and the Lt. Governorship; to administer all elections and referendums mandated herein; to command the militia in times of war; to appoint, with the consent of the Assembly, members of the Superior Court, the heads of any executive departments which may be established by law, and a Lt. Governor in case of a vacancy in the office; and to approve, or veto, all acts passed by the legislative power of this Region.

It shall be the duty of the Governor, or of any officer appointed by him for the purpose with the consent of the Assembly, to maintain the Mideast Regional Wikipedia, particularly those pages concerning the laws and government of this region.

The Governor shall, from time to time, and at least once in his term, address the citizens of the Mideast on the state of the Region.

Whenever the Regional Senator of the Mideast should become unable to continue to represent this Region in the Atlasian Senate, it shall fall upon the Governor to appoint a replacement with the consent of the Assembly.

Section 4: Should the Governor, by reason of death, impeachment, or resignation, become unable to execute the powers of his office, the Lt. Governor shall assume the office of Governor for the remainder of his term. If there be no Lt. Governor at the time of the vacancy, the presiding officer of the Assembly will assume the Governorship.

Should the Governor become temporarily unable to execute the duties of his office, he may designate the Lt. Governor as Acting Governor for a period not greater than fourteen days.

Section 5: Should the Governor or Lt. Governor, or any other member of the executive branch, be guilty of high crimes or misdemeanors, or be absent from the Fantasy Elections Subforum for more than fourteen days at one time, they may be removed from office by the Assembly.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 27, 2015, 12:59:48 AM
Also this -
(this can be considered part of the same amendment or separate, depending on whether there is consensus)

Quote
Article III
Section 1: The legislative authority of this Region shall be vested in an Assembly, which shall be composed of five Representatives elected every second month by the citizens of the Mideast.

No person shall be elected to the Assembly who is not both a citizen of the Republic of Atlasia and a resident of the Mideast Region.

Unless otherwise specified by law, the Representatives of the Assembly shall be elected at-large by the entire population of the Mideast.

Section 2: The Assembly shall determine its own methods of proceedings, and shall have the power to select its own officers and to judge the qualifications of its members.

Section 3: The Assembly shall have the authority to lay and collect taxes within the Mideast; to fund the functions of government; to call forth thea militia in times of war, and provide for the regulation of the same; to make laws to provide for the safety and welfare of the public; to provide for the edification of the populace; to construct roads, bridges, and other features of infrastructure; to impeach, by a 4/5 vote, members of the executive and judicial branches of government, though the sentence for a successful impeachment shall not exceed removal from office and a one year ban on officeholding within the Mideast; to confirm gubernatorial appointments for executive and judicial office; to regulate commerce; and to take all other actions which they deem necessary for the defense of this Constitution and the liberties of the people.

No power granted herein to the Assembly shall ever be assumed by any of the other branches of government.

Section 4: Every bill having been passed by the Assembly shall, before it becomes law, be presented to the Governor of the Mideast; if he approves of it, he shall sign it and it will become law; but if he disapproves, he may veto it, and it shall be returned to the Assembly. If the Assembly then passes the bill once more by a 4/5 vote it shall become law regardless of the Governor's opinion.

Section 5: Whenever the Assembly shall be equally divided over a measure, the Lt. Governor of the Mideast may vote to decide the issue. Should the Lt. Governor be at that time serving as Acting Governor, however, he shall be prohibited from exercising this power.

Section 6: The Assembly shall be responsible for passing an annual budget enumerating the expenditures of the Mideast government for the coming year.

The budget will go into effect on the first day of July in the year in which it is passed and will cease to be operative on the first day of July the following year unless otherwise provided for by law.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 27, 2015, 11:48:07 AM
Shua's amendment seems sensible and preserves the succinctness of the original draft. I also approve of the change to Article III.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 28, 2015, 02:18:10 PM
I have been asked to put forward an amendment to restore the balanced budget language:
Quote
Article III
Section 1: The legislative authority of this Region shall be vested in an Assembly, which shall be composed of five Representatives elected every second month by the citizens of the Mideast.

No person shall be elected to the Assembly who is not both a citizen of the Republic of Atlasia and a resident of the Mideast Region.

Unless otherwise specified by law, the Representatives of the Assembly shall be elected at-large by the entire population of the Mideast.

Section 2: The Assembly shall determine its own methods of proceedings, and shall have the power to select its own officers and to judge the qualifications of its members.

Section 3: The Assembly shall have the authority to lay and collect taxes within the Mideast; to fund the functions of government; to call forth the militia in times of war, and provide for the regulation of the same; to make laws to provide for the safety and welfare of the public; to provide for the edification of the populace; to construct roads, bridges, and other features of infrastructure; to impeach, by a 4/5 vote, members of the executive and judicial branches of government, though the sentence for a successful impeachment shall not exceed removal from office and a one year ban on officeholding within the Mideast; to confirm gubernatorial appointments for executive and judicial office; to regulate commerce; and to take all other actions which they deem necessary for the defense of this Constitution and the liberties of the people.

No power granted herein to the Assembly shall ever be assumed by any of the other branches of government.

Section 4: Every bill having been passed by the Assembly shall, before it becomes law, be presented to the Governor of the Mideast; if he approves of it, he shall sign it and it will become law; but if he disapproves, he may veto it, and it shall be returned to the Assembly. If the Assembly then passes the bill once more by a 4/5 vote it shall become law regardless of the Governor's opinion.

Section 5: Whenever the Assembly shall be equally divided over a measure, the Lt. Governor of the Mideast may vote to decide the issue. Should the Lt. Governor be at that time serving as Acting Governor, however, he shall be prohibited from exercising this power.

Section 6: The Assembly shall be responsible for passing an annual budget enumerating the expenditures of the Mideast government for the coming year.

The budget will go into effect on the first day of July in the year in which it is passed and will cease to be operative on the first day of July the following year unless otherwise provided for by law.

The Mideast Budget may not exceed 100% of total revenue brought in per fiscal year. Any surplus that is accumulated shall be entered into the “Mideast Emergency Fund.”  In case of emergency in which the Mideast Government needs to pass a budget greater than 100% of total revenue, the Assembly may approve such a budget with a 2/3rds majority and/or cover some or all of the deficit with money from the “Mideast Emergency Fund.”

If the Mideast Assembly fails to pass an annual budget, the Assembly shall be required to suspend all other legislation in debate until appropriate measures are taken.



Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 28, 2015, 06:39:56 PM
I'm not unalterably opposed to a balanced budget provision, but I feel like there are some issues with this that need to be rectified before I can support it. First, I think what constitutes an "emergency" needs to be clearly defined. Second, I feel the two-thirds threshold is unnecessary: if there is a genuine emergency, we shouldn't be restricting the ability of the government to respond to that emergency. (In any case, 2/3 of 5 is 3.33, which rounds down to 3, so this threshold accomplishes very little.) Third, I don't think it's necessary to establish a "Mideast Emergency Fund" in the actual text of the Constitution: this could be better provided for by law and only adds unnecessary length to the document. Fourth, from a stylistic standpoint, the proposed text is somewhat bulky. In the interests of brevity and maintaining uniformity throughout the Constitution, I think this should be condensed, such inelegant phrases as "and/or" removed, and percentages replaced with fractions or with their everyday equivalents.


Title: Re: MA: Fix the Constitution Act
Post by: MyRescueKittehRocks on April 28, 2015, 06:44:46 PM
The requirements of the balanced budget amendment have been standard Mideastern policy and should be preserved for the fiscal sanity of our region. I will join with shua's defense of it.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 28, 2015, 06:54:06 PM
I'm not unalterably opposed to a balanced budget provision, but I feel like there are some issues with this that need to be rectified before I can support it. First, I think what constitutes an "emergency" needs to be clearly defined. Second, I feel the two-thirds threshold is unnecessary: if there is a genuine emergency, we shouldn't be restricting the ability of the government to respond to that emergency. (In any case, 2/3 of 5 is 3.33, which rounds down to 3, so this threshold accomplishes very little.) Third, I don't think it's necessary to establish a "Mideast Emergency Fund" in the actual text of the Constitution: this could be better provided for by law and only adds unnecessary length to the document. Fourth, from a stylistic standpoint, the proposed text is somewhat bulky. In the interests of brevity and maintaining uniformity throughout the Constitution, I think this should be condensed, such inelegant phrases as "and/or" removed, and percentages replaced with fractions or with their everyday equivalents.


I agree that it could be improved.  Maybe we could remove the "emergency" language and just say spending beyond revenue requires a 3/4 vote.


Title: Re: MA: Fix the Constitution Act
Post by: SUSAN CRUSHBONE on April 29, 2015, 06:43:04 AM
thank you, shua.

the arguments for keeping article vii are, essentially, the same as they've always been. mainly:

- atlasian politicians are substantially more responsible than rl politicians. a balanced budget requirement won't result in budget talks being derailed by screeching anti-tax wingnuts

- adds an element of challenge to atlasia. what's the point of having a budget at all if there are no real restrictions on it?

i'd like, also, to provide some historical context for those of you who weren't here two years ago. in the first few months of 2013, the mideast assembly debated no less than five (https://uselectionatlas.org/FORUM/index.php?topic=168384.msg3601583#msg3601583) separate (https://uselectionatlas.org/FORUM/index.php?topic=170311.msg3649788#msg3649788) proposals (https://uselectionatlas.org/FORUM/index.php?topic=171238.msg3671700#msg3671700) for a budget (https://uselectionatlas.org/FORUM/index.php?topic=82716.msg3674643#msg3674643) amendment (https://uselectionatlas.org/FORUM/index.php?topic=82716.msg3679394#msg3679394), each of them failing by small margins. after several months of increasingly ridiculous (https://uselectionatlas.org/FORUM/index.php?topic=168332.msg3606075#msg3606075) back and forth, i (as a non-assemblyperson) started an initiative proposing the amendment you see here. the amendment won broad support (https://uselectionatlas.org/FORUM/index.php?topic=172678.0) from people ranging across the political spectrum, from gass, x, and myself to zuwo, jcl, and lumine, and remains, as far as i'm aware, the only successful constitutional amendment by citizen initiative.

so if nothing else, i'd avoid repealing the balanced budget amendment so we don't have this whole fight again.

I'm not unalterably opposed to a balanced budget provision, but I feel like there are some issues with this that need to be rectified before I can support it. First, I think what constitutes an "emergency" needs to be clearly defined. Second, I feel the two-thirds threshold is unnecessary: if there is a genuine emergency, we shouldn't be restricting the ability of the government to respond to that emergency.
ah, but if there's a genuine emergency it should be no problem to secure a high enough majority.

Quote
(In any case, 2/3 of 5 is 3.33, which rounds down to 3, so this threshold accomplishes very little.)
this kind of threshold always rounds up. if you need more than 3⅓ votes, you effectively need at least 4 votes.

Quote
Third, I don't think it's necessary to establish a "Mideast Emergency Fund" in the actual text of the Constitution: this could be better provided for by law and only adds unnecessary length to the document. Fourth, from a stylistic standpoint, the proposed text is somewhat bulky. In the interests of brevity and maintaining uniformity throughout the Constitution, I think this should be condensed, such inelegant phrases as "and/or" removed, and percentages replaced with fractions or with their everyday equivalents.

sure. i was only objecting to the wholesale removal of the article without debate.

further questions?


Title: Re: MA: Fix the Constitution Act
Post by: windjammer on April 29, 2015, 10:38:34 AM
A balanced budget amendment is a ridiculous idea.

Of course, it is preferable for a budget to be balanced than not. But this kind of amendment doesn't take into account the current situation. For example, if there is a big disaster, it would need a 4/5th majority for a budget to be approved? Why? I fail to see a single reason why a higher majority would be needed.

Have you all forgotten what happened in the US for the Sandy funding?
 Senate result: 62-32 so a 2/3 majority would have failed (http://thehill.com/blogs/floor-action/senate/274833-senate-votes-for-60b-hurricane-sandy-emergency-spending-bill)
 House result: 241-180 a 2/3 majority requirement would have failed too (http://www.washingtonpost.com/politics/house-set-to-vote-on-hurricane-sandy-relief-package/2013/01/15/984d5dec-5f32-11e2-b05a-605528f6b712_story.html)

In addition of being pointless, a such amendment to the constitution would allow extremists to take into hostage budget talks if there is a disaster and that a deficit is needed, requesting massive spending cuts in exchange of their vote, even if they wouldn't have had the majority of the seats in the assembly.

This kind of constitutional amendments has so many perverts effects and I urge the Assemblymen to reject this.

If the assembly in the future isn't *fiscall rigorous*, the voters would still be able to defeat them the next elections. A such constitutional amendment isn't needed.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on April 29, 2015, 11:46:28 AM
I agree with Truman and Windjammer, the bbalanced budget amendment should be repealed. I support shua's first two amendments.


Title: Re: MA: Fix the Constitution Act
Post by: SUSAN CRUSHBONE on April 29, 2015, 12:00:50 PM
A balanced budget amendment is a ridiculous idea.

Of course, it is preferable for a budget to be balanced than not. But this kind of amendment doesn't take into account the current situation. For example, if there is a big disaster, it would need a 4/5th majority for a budget to be approved? Why? I fail to see a single reason why a higher majority would be needed.

Have you all forgotten what happened in the US for the Sandy funding?
 Senate result: 62-32 so a 2/3 majority would have failed (http://thehill.com/blogs/floor-action/senate/274833-senate-votes-for-60b-hurricane-sandy-emergency-spending-bill)
 House result: 241-180 a 2/3 majority requirement would have failed too (http://www.washingtonpost.com/politics/house-set-to-vote-on-hurricane-sandy-relief-package/2013/01/15/984d5dec-5f32-11e2-b05a-605528f6b712_story.html)

In addition of being pointless, a such amendment to the constitution would allow extremists to take into hostage budget talks if there is a disaster and that a deficit is needed, requesting massive spending cuts in exchange of their vote, even if they wouldn't have had the majority of the seats in the assembly.

This kind of constitutional amendments has so many perverts effects and I urge the Assemblymen to reject this.

If the assembly in the future isn't *fiscall rigorous*, the voters would still be able to defeat them the next elections. A such constitutional amendment isn't needed.

it has worked fine for two years, as far as i'm aware. again, atlasian budget politics are totally incomparable to rl american budget politics. we don't really have tax extremists.


Title: Re: MA: Fix the Constitution Act
Post by: windjammer on April 29, 2015, 12:10:17 PM
A balanced budget amendment is a ridiculous idea.

Of course, it is preferable for a budget to be balanced than not. But this kind of amendment doesn't take into account the current situation. For example, if there is a big disaster, it would need a 4/5th majority for a budget to be approved? Why? I fail to see a single reason why a higher majority would be needed.

Have you all forgotten what happened in the US for the Sandy funding?
 Senate result: 62-32 so a 2/3 majority would have failed (http://thehill.com/blogs/floor-action/senate/274833-senate-votes-for-60b-hurricane-sandy-emergency-spending-bill)
 House result: 241-180 a 2/3 majority requirement would have failed too (http://www.washingtonpost.com/politics/house-set-to-vote-on-hurricane-sandy-relief-package/2013/01/15/984d5dec-5f32-11e2-b05a-605528f6b712_story.html)

In addition of being pointless, a such amendment to the constitution would allow extremists to take into hostage budget talks if there is a disaster and that a deficit is needed, requesting massive spending cuts in exchange of their vote, even if they wouldn't have had the majority of the seats in the assembly.

This kind of constitutional amendments has so many perverts effects and I urge the Assemblymen to reject this.

If the assembly in the future isn't *fiscall rigorous*, the voters would still be able to defeat them the next elections. A such constitutional amendment isn't needed.

it has worked fine for two years, as far as i'm aware. again, atlasian budget politics are totally incomparable to rl american budget politics. we don't really have tax extremists.

It has worked for 2 years because natural disasters never happened.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on April 29, 2015, 12:40:34 PM
I'd be interested to hear what EarlAW has to say on this issue. If I remember correctly, he opposed New Canadaland's bill to repeal this amendment earlier in the session.

if there's a genuine emergency it should be no problem to secure a high enough majority.
This makes no sense. If it's actually an emergency, why are we making it harder, even theoretically, for the Assembly to respond to it?

As I said before, I support having a balanced budget on principle and could be persuaded to back Constitutional checks to reckless spending, but I'm not sure how to do this without creating a recipe for chaos in the event of a natural disaster or the like. Having a raised threshold for support concerns me, because as Windjammer noted there's no guarantee that the minority is going to act rationally in a true crisis. I also don't like the "emergency" language because this is fraught with holes. Does the Assembly declare the "emergency"? Does the governor? The first is vulnerable to abuse and the second to inactivity. There's also the possibility of holding a referendum, but I fear that this might take too long, and in the case of a true crisis that could be a problem. 

My best thought for a compromise would be allowing the public to call a referendum on any budget that contains expenditures exceeding the total sum of collected revenue. Perhaps, to increase transparency on this issue, we could mandate the budget be given its own thread in the Fantasy Elections Board as well.


Title: Re: MA: Fix the Constitution Act
Post by: windjammer on April 29, 2015, 12:50:36 PM
Quote
My best thought for a compromise would be allowing the public to call a referendum on any budget that contains expenditures exceeding the total sum of collected revenue. Perhaps, to increase transparency on this issue, we could mandate the budget be given its own thread in the Fantasy Elections Board as well.

That's not really a good idea either. I mean, if for example the ME passed a budget with a deficit in the last days of the year, do you imagine what would happen if the voters decide to reject this budget: GOVERNMENT SHUTDOWN.

Yeah, sometimes, voters don't react rationally. And I wouldn't take this risk. They have the total possibility to remove from office assemblymen they want to be defeated every 2 months.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on April 29, 2015, 02:52:35 PM
If an emergency occurs, and there is no emergency fund left, then the funds could be borrowed temporarily and counted for the next budget year - so long as we can rely on the assembly to remember to stick this expenditure in the next budget.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on May 02, 2015, 01:50:16 PM
I motion for a vote on Shua's first (https://uselectionatlas.org/FORUM/index.php?topic=209949.msg4578872#msg4578872) amendment.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on May 02, 2015, 08:02:19 PM
I am calling a vote on Shua's first amendment to Article 3 (edit: and Article 1), which excludes the balanced budget amendment. Please vote Aye, Nay, or Abstain.


Title: Re: MA: Fix the Constitution Act (Voting on amendment)
Post by: Unconditional Surrender Truman on May 02, 2015, 09:38:36 PM
I think Shua's amendment included changes to Article I as well.

In any case, AYE


Title: Re: MA: Fix the Constitution Act (Voting on amendment)
Post by: Boston Bread on May 03, 2015, 05:42:45 AM
^ Thank you, Truman.

Aye


Title: Re: MA: Fix the Constitution Act (Voting on amendment)
Post by: Boston Bread on May 05, 2015, 08:32:44 PM
The amendment has passed 2-0.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on May 06, 2015, 04:38:01 PM
Incorporating the Governor Pardon Amendment proposed by the Governor Motley:

Quote
Article I
Section 3: The Governor shall have the authority to carry out all acts in association with the enforcement of the laws passed under this Constitution; to fill vacancies in the Assembly; to administer all elections and referendums mandated herein; to command the militia in times of war; to appoint, with the consent of the Assembly, members of the Superior Court, the heads of any executive departments which may be established by law, and a Lt. Governor in case of a vacancy in the office; to issue, except in cases of impeachment, pardons and reprieves for crimes committed under the laws of this Region, which shall be permanent upon their issuance, though he shall have no power to pardon himself; and to approve, or veto, all acts passed by the legislative power of this Region.

It shall be the duty of the Governor, or of any officer appointed by him for the purpose with the consent of the Assembly, to maintain the Mideast Regional Wikipedia, particularly those pages concerning the laws and government of this region.

The Governor shall, from time to time, and at least once in his term, address the citizens of the Mideast on the state of the Region.

Whenever the Regional Senator of the Mideast should become unable to continue to represent this Region in the Atlasian Senate, it shall fall upon the Governor to appoint a replacement with the consent of the Assembly.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on May 11, 2015, 05:41:49 PM
There does not seem to be any debate on the Governor's amendment so I will call a vote on it. Please vote Aye, Nay, or Abstain.
Also, I will call a vote on Shua's balanced budget amendment afterwards if he wishes.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Hatman 🍁 on May 11, 2015, 05:49:01 PM
I vote aye, but I'd like to make a friendly amendment to give the amendment gender neutral language:

 to issue, except in cases of impeachment, pardons and reprieves for crimes committed under the laws of this Region, which shall be permanent upon their issuance, though he or she shall have no power to pardon himself or herself.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on May 11, 2015, 05:55:19 PM
Hatman, a lot of the text is currently male-centric. Should we make an effort to change all of it?

Ex.

It shall be the duty of the Governor, or of any officer appointed by him for the purpose with the consent of the Assembly, to maintain the Mideast Regional Wikipedia, particularly those pages concerning the laws and government of this region.

The Governor shall, from time to time, and at least once in his term, address the citizens of the Mideast on the state of the Region.

I would support a gender neutral change but I would be comfortable if we didn't, considering Atlasian demographics with respect to gender.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Unconditional Surrender Truman on May 11, 2015, 06:11:35 PM
AYE


I don't feel like a gender-neutral amendment is necessary, both because of Atlasian demographics and because it's generally understood that the Constitution applies to both men and women. Even during the suffrage movement, it was never argued that the use of male pronouns in the old US Constitution excluded women from the rights of citizenship; as such, going through the entire document and replacing "he" with "he or she" seems overly specific.

As for Shua's amendment, I'd at the very least like to see it pared down in terms of length; the present text is somewhat wordy, which defeats the purpose of forming a more compact document. I also stand by my previous concerns about mandating a balanced budget; as Earl is the only one who hasn't weighed in on this yet, I wonder if he has any suggestions for a compromise? Otherwise, I will likely end up opposing it: there's just too much that could go wrong with such a provision, and I can't think of any way to fix it without mutilating the sponsor's intent.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on May 11, 2015, 06:15:15 PM
My vote for the amendment is AYE.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: 🐒Gods of Prosperity🔱🐲💸 on May 12, 2015, 10:39:30 AM
What do people think about the "suspend all other legislation in debate" part?  Is that necessary?


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on May 12, 2015, 05:10:18 PM
What do people think about the "suspend all other legislation in debate" part?  Is that necessary?
The importance of passing a budget is so that the government should not let it be unnecessarily impeded, so yes. Although I would say having a balanced budget amendment is itself an impediment.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Unconditional Surrender Truman on May 12, 2015, 07:44:11 PM
What do people think about the "suspend all other legislation in debate" part?  Is that necessary?
I see this as the least offensive part of the amendment.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on May 13, 2015, 12:29:51 PM
The amendment passes 3-0.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on May 13, 2015, 08:44:28 PM
I'd like to modify the amendment to section III as follows:
Quote
Section 6: The Assembly shall be responsible for passing an annual budget enumerating the expenditures of the Mideast government for the coming year.

The budget will go into effect on the first day of July in the year in which it is passed and will cease to be operative on the first day of July the following year unless otherwise provided for by law.

Any surplus unspent revenue that is accumulated shall be entered into the “Mideast Reserve Fund.”  The Assembly may approve a budget greater than 100% of annual revenue received only  upon a vote to do so by 2/3rds or greater of the voting members of the Assembly, and may cover some or all of the deficit with money from the “Mideast Reserve Fund.”

If the Mideast Assembly fails to pass an annual budget, the Assembly shall be required to suspend all other legislation in debate until appropriate measures are taken.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on May 13, 2015, 10:40:22 PM
The revised text is certainly better in terms of length. A few quibbles:

  • I don't think it's a good idea to establish the Mideast Reserve Fund in the actual text of the Constitution. Since this is in essence a budgetary tool, it should be placed directly in the hands of the people who craft the budget: the Assembly. Furthermore, I feel like the nature of the Fund is somewhat ambiguous. Is this a savings account? Can the funds be drawn at any time, or only under specific circumstances? Establishing the MRF by ordinary legislation allows us to flesh this proposal out much more thoroughly than we can in a Constitution.
  • Clause 4 leaves the definition of "appropriate measures" very much up in the air. While it is generally a good idea to build some flexibility into the Constitution, I feel like this is much too loose.
  • As Windjammer pointed out earlier, we cannot always count on having a 2/3 majority in a severe crisis, such as a natural disaster or a severe economic recession. In the event of such an emergency, time would be of the essence, and the risk that the Regional government would fail to respond in time is simply too high. This point continues to trouble me, because I don't see a way to address it without rendering this amendment effectively meaningless.

My question for the sponsor is: Why is it necessary to have a balanced budget enshrined in the Constitution, as opposed to being an understood ideal? In other words, couldn't the Regional Government acknowledge that it is best to balance the budget whenever possible, but not require the Assembly to do so? I don't mean this as a rhetorical question: I'm actually curious to hear what you think.

The way I see it, having a balanced budget be an understood responsibility rather than an explicit one would have two benefits: allowing the Assembly flexibility in times of crisis and providing an added topic for campaigns. If a balanced budget is mandated by the Constitution, there's little reason to bring it up on the campaign trail; if it is merely one of many options, there's more opportunity for a heated debate over fiscal policy.




Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on May 16, 2015, 11:57:21 AM
Shua, do you want a vote on your amendment now? This is the last matter regarding the bill, and I want to see it passed before the election ideally.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on May 16, 2015, 12:54:50 PM
A good point made about the fund being better as a matter of statute, and the "appropriate measures" so I will modify this again:

Quote
Section 6: The Assembly shall be responsible for passing an annual budget enumerating the expenditures of the Mideast government for the coming year.

The budget will go into effect on the first day of July in the year in which it is passed and will cease to be operative on the first day of July the following year unless otherwise provided for by law.

The Assembly may approve a budget greater than 100% of annual revenue received only upon a vote to do so by 2/3rds or greater of the voting members of the Assembly.

If the Mideast Assembly fails to pass an annual budget, the Assembly shall be required to suspend all other legislation in debate until the budget has been addressed.

We can vote on this whatever.   I  will just say that, it being somewhat controversial, it may make it harder to get the Constitution ratified if we remove this part of the Constitution.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on May 18, 2015, 11:29:52 AM
What does everyone think of specifically naming circumstances in which the 2/3 rule can be discarded?


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on May 18, 2015, 09:17:54 PM
What does everyone think of specifically naming circumstances in which the 2/3 rule can be discarded?

I don't see the point of that.  If there is a general consensus it important enough, then the assembly will be able to override it.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on May 18, 2015, 10:19:15 PM
What does everyone think of specifically naming circumstances in which the 2/3 rule can be discarded?

I don't see the point of that.  If there is a general consensus it important enough, then the assembly will be able to override it.

The point is that we cannot necessarily depend upon politicians to be reasonable in times of crisis. Suppose, for example, that the Stock Market crashed tomorrow (not an implausible scenario with our current GM): swift and decisive action would be required to address this emergency, and it very well might require deficit spending. Because progressives and conservatives differ greatly on how to respond to such a crisis, however, it might not be possible to respond quickly enough with the 2/3 rule in place. As a result, the economy plunges into Depression and the Assembly is too deadlocked to do anything about it.

My concern is that building a consensus on sensitive budgetary issues may not always be as easy as this amendment assumes. What this ultimately comes down to is whether you trust politicians to act maturely: I do not. Unless there is some provision to prevent a government shutdown during a state of emergency, I cannot support this proposal.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on May 18, 2015, 11:19:49 PM
What does everyone think of specifically naming circumstances in which the 2/3 rule can be discarded?

I don't see the point of that.  If there is a general consensus it important enough, then the assembly will be able to override it.

The point is that we cannot necessarily depend upon politicians to be reasonable in times of crisis. Suppose, for example, that the Stock Market crashed tomorrow (not an implausible scenario with our current GM): swift and decisive action would be required to address this emergency, and it very well might require deficit spending. Because progressives and conservatives differ greatly on how to respond to such a crisis, however, it might not be possible to respond quickly enough with the 2/3 rule in place. As a result, the economy plunges into Depression and the Assembly is too deadlocked to do anything about it.

My concern is that building a consensus on sensitive budgetary issues may not always be as easy as this amendment assumes. What this ultimately comes down to is whether you trust politicians to act maturely: I do not. Unless there is some provision to prevent a government shutdown during a state of emergency, I cannot support this proposal.

If people agree that deficit spending is required, they can waive the balanced budget rule. It doesn't require that 2/3 agree on how to spend the money.

If you can't count on the representatives of the region to be reasonable, then the people should elect new representatives.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on May 20, 2015, 05:07:50 PM
Quote
If you can't count on the representatives of the region to be reasonable, then the people should elect new representatives.
If there is an emergency, and there isn't a 2/3 majority in the assembly, should the voters have to wait until the next election cycle to implement a budget that would address it? Might be too late.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on May 20, 2015, 05:24:13 PM
Quote
If you can't count on the representatives of the region to be reasonable, then the people should elect new representatives.
If there is an emergency, and there isn't a 2/3 majority in the assembly, should the voters have to wait until the next election cycle to implement a budget that would address it? Might be too late.
Agreed. Look at what happened during the Great Depression: by the time the voters had a chance to replace Hoover, unemployment was at 24%.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on May 20, 2015, 08:56:15 PM
Quote
If you can't count on the representatives of the region to be reasonable, then the people should elect new representatives.
If there is an emergency, and there isn't a 2/3 majority in the assembly, should the voters have to wait until the next election cycle to implement a budget that would address it? Might be too late.
Agreed. Look at what happened during the Great Depression: by the time the voters had a chance to replace Hoover, unemployment was at 24%.

We have elections every 2 months.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on May 20, 2015, 10:03:28 PM
Quote
If you can't count on the representatives of the region to be reasonable, then the people should elect new representatives.
If there is an emergency, and there isn't a 2/3 majority in the assembly, should the voters have to wait until the next election cycle to implement a budget that would address it? Might be too late.
Agreed. Look at what happened during the Great Depression: by the time the voters had a chance to replace Hoover, unemployment was at 24%.

We have elections every 2 months.

Events move faster in Atlasia than in real life, though. Look what happened with Puerto Santos: it didn't take long for the coup there to start taking their toll on the Atlasian economy.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on May 23, 2015, 11:48:19 PM
I believe the Fix the Constitution Act could pass without the balanced budget amendment. But I would be open to putting the Constitution Act and Balanced Budget Repeal into different bills, and thus different referendums to give the former a better chance of passing. That could be done if Shua's amendment was passed and the Balanced Budget Repeal Act was reintroduced. What do you all say?


Title: Re: MA: Fix the Constitution Act
Post by: windjammer on May 25, 2015, 07:27:46 AM
Could someone post the current version please? :P


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on May 25, 2015, 11:39:06 AM
Quote
Fix the Constitution Act
The Mideast Constitution is hereby amended to read as follows:

We, the people of the States of Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, Ohio, Virginia, West Virginia, and Wisconsin, the Provinces of Nunavut and Ontario, and the city of Nyman, in order to found a more permanent government, establish, protect the general welfare, ensure domestic tranquility, provide for the common defense, and preserve the blessings of liberty for ourselves and our posterity, and trusting in the inherent equality of all men and women, do hereby ordain and establish this Constitution for the Commonwealth of the Mideast.

Article I
Section 1: All executive powers granted herein shall be vested in the Governor of the Mideast, who shall be chosen for a term of four months together with a Lt. Governor.

No person shall be Governor who is not a citizen of the Republic of Atlasia, nor who  has been a resident of this Region for fewer than thirty days at the time of his inauguration. No person shall be Lt. Governor who is not qualified to serve as Governor of this region.

Section 2: Elections for Governor and Lt. Governor shall be held every fourth month, in the months of January, May, and September. The method for electing the Governor shall be Standard Transferable Vote unless otherwise specified by law.

Candidates for Governor shall run jointly with a candidate for Lt. Governor and shall appear jointly on the ballot together. The candidate for Lt. Governor whose name appears on the ballot with the successful candidate for Governor shall be elected.

Section 3: The Governor shall have the authority to carry out all acts in association with the enforcement of the laws passed under this Constitution; to fill vacancies in the Assembly; to administer all elections and referendums mandated herein; to command the militia in times of war; to appoint, with the consent of the Assembly, members of the Superior Court, the heads of any executive departments which may be established by law, and a Lt. Governor in case of a vacancy in the office; to issue, except in cases of impeachment, pardons and reprieves for crimes committed under the laws of this Region, which shall be permanent upon their issuance, though he shall have no power to pardon himself; and to approve, or veto, all acts passed by the legislative power of this Region.

It shall be the duty of the Governor, or of any officer appointed by him for the purpose with the consent of the Assembly, to maintain the Mideast Regional Wikipedia, particularly those pages concerning the laws and government of this region.

The Governor shall, from time to time, and at least once in his term, address the citizens of the Mideast on the state of the Region.

Whenever the Regional Senator of the Mideast should become unable to continue to represent this Region in the Atlasian Senate, it shall fall upon the Governor to appoint a replacement with the consent of the Assembly.

Section 4: Should the Governor, by reason of death, impeachment, or resignation, become unable to execute the powers of his office, the Lt. Governor shall assume the office of Governor for the remainder of his term. If there be no Lt. Governor at the time of the vacancy, the presiding officer of the Assembly will assume the Governorship.

Should the Governor become temporarily unable to execute the duties of his office, he may designate the Lt. Governor as Acting Governor for a period not greater than fourteen days.

Section 5: Should the Governor or Lt. Governor, or any other member of the executive branch, be guilty of high crimes or misdemeanors, or be absent from the Fantasy Elections Subforum for more than fourteen days at one time, they may be removed from office by the Assembly.

Article II
Section 1: All judicial powers herein established shall be vested in a Superior Court.

The Superior Court shall be composed of a Judge nominated by the governor with the consent of the Assembly. No person shall serve as Judge who is not a citizen of the Republic of Atlasia nor who has been a resident of this Region for fewer than thirty days.

Section 2: The Superior Court shall have jurisdiction over all disputes arising under the laws of this Region or the Constitution of the Mideast, and shall have the authority to nullify acts of the executive and legislative branches of this government which it finds to be in conflict with this Constitution.

Article III
Section 1: The legislative authority of this Region shall be vested in an Assembly, which shall be composed of five Representatives elected every second month by the citizens of the Mideast.

No person shall be elected to the Assembly who is not both a citizen of the Republic of Atlasia and a resident of the Mideast Region.

Unless otherwise specified by law, the Representatives of the Assembly shall be elected at-large by the entire population of the Mideast.

Section 2: The Assembly shall determine its own methods of proceedings, and shall have the power to select its own officers and to judge the qualifications of its members.

Section 3: The Assembly shall have the authority to lay and collect taxes within the Mideast; to fund the functions of government; to call forth a militia in times of war, and provide for the regulation of the same; to make laws to provide for the safety and welfare of the public; to provide for the edification of the populace; to construct roads, bridges, and other features of infrastructure; to impeach, by a 4/5 vote, members of the executive and judicial branches of government, though the sentence for a successful impeachment shall not exceed removal from office and a one year ban on officeholding within the Mideast; to confirm gubernatorial appointments for executive and judicial office; to regulate commerce; and to take all other actions which they deem necessary for the defense of this Constitution and the liberties of the people.

No power granted herein to the Assembly shall ever be assumed by any of the other branches of government.

Section 4: Every bill having been passed by the Assembly shall, before it becomes law, be presented to the Governor of the Mideast; if he approves of it, he shall sign it and it will become law; but if he disapproves, he may veto it, and it shall be returned to the Assembly. If the Assembly then passes the bill once more by a 4/5 vote it shall become law regardless of the Governor's opinion.

If any bill should be presented to the Governor, and he should fail to either sign or veto it within five days of its passage, it shall become law irrespective of his judgement.

Section 5: The Lt. Governor shall be permitted to participate in the proceedings of the Assembly, but he shall have no vote unless they be equally divided, and then only in the event of a vacancy in the legislature, or the absence of one or more Representatives for a period exceeding four days, or whenever the entire Assembly shall have voted on the proposal in question.

Whenever the Lt. Governor shall serve as Acting Governor of the Mideast, he shall temporarily forfeit his membership in the Assembly.

Section 6: The Assembly shall be responsible for passing an annual budget enumerating the expenditures of the Mideast government for the coming year.

The budget will go into effect on the first day of July in the year in which it is passed and will cease to be operative on the first day of July the following year unless otherwise provided for by law.

Section 7: Whenever any Representative shall have been absent from the Assembly for a period exceeding seven days, during which time at least two bills should have been brought to a vote, without posting a Leave of Absence for the same, he shall be subject to expulsion from the legislature at the discretion of the Assembly.

Should any Representative be absent from the Assembly for a period exceeding twenty-one days, during which time at least five bills should have been brought to a vote, he shall be considered to have forfeited his seat in the legislature.

(continued in next post)


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on May 25, 2015, 11:40:34 AM
Quote
Article IV
Section 1: Any resident of one of the states of this Region, who shall be considered eligible to vote in elections for federal office, and having been a resident of this region for a period of seven days or more, shall likewise be eligible to participate in all elections and referendums conducted in the Mideast.

Section 2: Voters shall be permitted to edit their ballots until twenty minutes after posting them in the Regional Voting Booth. No voter shall edit their ballot after the official end of the voting period.

Section 3: No person shall campaign in the thread in which voting shall occur. If a person does so they shall have their vote(s) counted as invalid and shall be subject to further trial and punishment as the law may provide. A person's username and signature are exempt from this clause.

Section 4: All elections and public referendums shall be administered by the Governor of the Mideast, or by the person acting as Governor. If the Governor is unable to administer the election, then the Lt. Governor, the presiding officer of the Assembly, or the Judge of the Superior Court will do so, with responsibility progressing in the given order.

Section 5: Elections for Governor and Lt. Governor shall be held in the months of January, May, and September; elections for the Assembly shall be held in the months of January, March, May, July, September, and November. Voting shall begin between 00:01 on the third Thursday of the given month and 00:00 on the first Friday thereafter, and will conclude exactly 72 hours afterwards.

All elections for regional office will be conducted on the principle of a Single Transferable Vote. When the election is for a single office, the quota for election shall be a majority of the votes cast; when it is for multiple offices, the quota for election shall be the quotient of the total votes cast divided by the number of offices to be filled. All surpluses will be redistributed proportionally according to the next-highest preferences of the ballots in question.

Section 6: Whenever a public referendum is to be held, the officer administering the election shall immediately open a thread in the Fantasy Elections Board in which the measure to be voted on can be read and discussed. After approximately 72 hours time, the officer shall then open the voting booth. Voting will continue for exactly 72 hours, except when the referendum is on a proposed amendment to the federal Constitution, in which case the vote shall continue for exactly 168 hours.

In all referendums, citizens will vote either "aye" (or yes), "nay" (or no), or "abstain". The referendum will only be considered to have passed if a majority of voters voted "aye".

Section 7: Candidates for Regional office must declare themselves as such in the appropriate thread by 00:01 on the Tuesday preceding the election in order to appear on the ballot. In order for a gubernatorial ticket to appear on the ballot, both the candidate for Governor and the candidate for Lt. Governor must declare their candidacies before this time.

Any qualified citizen of the Mideast may declare their intention to accept write-in votes at any time prior to or during the election, either by announcing so in the appropriate thread or by casting a write-in vote in their own name.

No candidate will be permitted to appear on the ballot who does not meet the qualifications for officeholding set forth in this Constitution. Write-in votes for persons Constitutionally unqualified to hold office will not be counted.

Section 8: If a citizen, meeting the Constitutional requirements for the exercise of the franchise, will be unable to access the Mideast Voting Booth during the time of the election, he or she may request an Absentee Ballot from the Governor. Said ballot shall be cast in a voting booth created for the purpose on the Fantasy Elections board, and may be edited at any time prior to the commencement of the election.

Section 9: All citizens elected to serve in the Regional Government will take office on the first Friday following their election.

Prior to assuming office, all regional officeholders will swear the following oath: "I, [state name], do solemnly swear (or affirm) that I will faithfully execute the office of [state office name] and will to the best of my ability, preserve, protect and defend the Constitution of the Mideast Region."

Section 10. Should the Assembly pass legislation, and that legislation becomes law, and at least 25% of the population publicly protest the measure in a separate thread, a public referendum shall be held on that legislation.

Section 11. Initiatives may be proposed for public referendum with the support of at least 25% of the number of registered voters in the Mideast.

Article V
Section 1: No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection under the laws of this Region.

Section 2: The right of the people to keep and bear arms of a nature reasonable for self defense shall not be infringed.

Section 3: No person shall be held in slavery or involuntary servitude except as punishment for a crime of which they have been duly convicted.

Section 4: The privilege of the Writ of Habeas Corpus shall not be denied except in times of public rebellion or natural disaster, and then only in a manner consistent with law.

Section 5: No branch of the Regional government shall conscript any person into the service of the Armed Forces except in times of war, public rebellion or natural disaster, and then only in a manner consistent with law.

Section 6: No soldier shall, in times of peace, be quartered in any house or building without the consent of the owner, nor in times of war except in a manner consistent with the law.

Section 7: The Armed Forces shall not be used for law enforcement or policing duties except in times of public rebellion or in the interests of public safety, and then only in a manner consistent with Law.

Section 8: No branch of the Regional government shall issue a law or declaration respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or expression, or of the press.

Section 9: No branch of government shall restrict freedom of association, nor the right to peacefully assemble and petition the government for redress of grievances.

Section 10: No law shall be passed requiring a voter to denote their State of fantasy residence during an election.

Section 11: The right of the people to be secure in their persons, houses, papers, communications and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Section 12: The right to trial by jury shall be preserved and such trial will be as open and swift as justice shall allow. No person shall be tried for the same offense twice, nor shall any person be compelled to bear witness against himself. In cases of criminal prosecution, the accused shall enjoy the right to be informed of the nature and cause of the accusation and the witnesses against him; to bring witnesses in his own defense; and to have the assistance of counsel in his defense.

Section 13: Private property shall not be taken for public use without just compensation.

Section 14: The right of the people to privacy outside of the public sphere shall not be infringed.

Section 15: No person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the armed forces, or in the militia, when in actual service in time of war or public danger.

Section 16: In suits at common law, where the value in controversy shall exceed a hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the Mideast Region, than according to the rules of the common law.

Section 17: No person, either accused or convicted of a crime, shall be subjected to excessive bail, nor excessive fines, nor cruel or unusual punishment.

Section 18: An educated populace being essential to the maintenance of a Republican society, it shall be the duty of this government to maintain publicly funded schools, which shall be open to all citizens under the age of 18.

Section 19: No law shall be passed by this government prohibiting any action which is not directly harmful to the public well being.

Section 20: Persons in employment shall have the right to organize for the purpose of collective bargaining, with such exceptions as the law may provide on grounds of vital Regional interests.

Section 21: No citizen shall be denied the right to the elective franchise except as the result of conviction of a crime under the laws of this Region, nor shall any citizen be deprived of the rights enumerated herein on the basis of race, class, creed, or sexuality.

Section 22: The holding of multiple offices under this government shall be prohibited.

Section 23: The enumeration of certain rights in this Constitution shall not be construed to deny or disparage those natural liberties herein unlisted.

Article VI
Section 1: The Assembly, whenever it shall deem it necessary, may propose Amendments to this Constitution which, upon their ratification by a public referendum, shall become operative as part of this Constitution.

Section 2: Whenever 4/5 of the Assembly or 1/4 of the registered voters of this Region shall consider it desirable to improve this Constitution more fully, the Governor shall call for a Constitutional Convention to propose revisions to this document, or to replace it entirely.

Section 3: This Constitution, and all Laws passed under its authority, shall be the supreme law of the land, except when it may conflict with the federal Constitution, in which case the latter shall be supreme.

Can anyone confirm all the amendments have been inserted correctly?


Title: Re: MA: Fix the Constitution Act
Post by: windjammer on May 25, 2015, 01:47:09 PM
Thank you,
If someone could sponsor this:
Quote from: Amendment offered
Article VII: Balanced Budget Amendment
     1)The Mideast Government shall be responsible for passing an annual budget. This budget must be on the Governor's desk by July 1st of each year.
    2)The Mideast Budget may not exceed 100% of total revenue brought in per fiscal year. Any surplus that is accumulated shall be entered into the “Mideast Emergency Fund.”
    3)In case of emergency in which the Mideast Government needs to pass a budget greater than 100% of total revenue, the Assembly may approve such a budget with a 2/3rds majority and/or cover some or all of the deficit with money from the “Mideast Emergency Fund.”
    4)If the Mideast Assembly fails to pass an annual budget, the Assembly shall be required to suspend all other legislation in debate until appropriate measures are taken
.

I obviously don't support that but I would like the constitutional amendment to pass. If a balanced budget should be in the constitution, we can discuss that later by trying to repeal it.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on May 25, 2015, 01:54:28 PM
Let's go ahead on Shua's.
I will call a vote on Shua's balanced budget amendment. Please vote Aye, Nay, or Abstain.


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on May 25, 2015, 02:52:13 PM
AYE, in the interests of keeping this Act as non-controversial as possible.



Can anyone confirm all the amendments have been inserted correctly?

The only mistake I noticed was the omission of the Pardon Amendment (below).

Quote
Article I
Section 3: The Governor shall have the authority to carry out all acts in association with the enforcement of the laws passed under this Constitution; to fill vacancies in the Assembly; to administer all elections and referendums mandated herein; to command the militia in times of war; to appoint, with the consent of the Assembly, members of the Superior Court, the heads of any executive departments which may be established by law, and a Lt. Governor in case of a vacancy in the office; to issue, except in cases of impeachment, pardons and reprieves for crimes committed under the laws of this Region, which shall be permanent upon their issuance, though he shall have no power to pardon himself; and to approve, or veto, all acts passed by the legislative power of this Region.



Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on May 25, 2015, 02:57:48 PM
Thanks Truman, I should have it edited in.
Aye on the vote.


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Hatman 🍁 on May 25, 2015, 04:46:43 PM
Aye


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: 🐒Gods of Prosperity🔱🐲💸 on May 26, 2015, 01:26:31 PM
Aye


Title: Re: MA: Fix the Constitution Act (voting on amendment)
Post by: Boston Bread on May 26, 2015, 06:02:40 PM
The amendment passes 4-0.


Title: Re: MA: Fix the Constitution Act
Post by: MyRescueKittehRocks on May 27, 2015, 04:25:55 PM
Aye


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on May 27, 2015, 08:10:12 PM
Is the bill ready for a vote?


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on May 27, 2015, 09:12:20 PM
Fixing some typos:

Quote
Fix the Constitution Act
The Mideast Constitution is hereby amended to read as follows:

We, the people of the States of Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, Ohio, Virginia, West Virginia, and Wisconsin, the Provinces of Nunavut and Ontario, and the city of Nyman, in order to found a more permanent government, establish justice, protect the general welfare, ensure domestic tranquility, provide for the common defense, and preserve the blessings of liberty for ourselves and our posterity, and trusting in the inherent equality of all men and women, do hereby ordain and establish this Constitution for the Commonwealth of the Mideast.


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on May 30, 2015, 02:49:23 PM
I'm not sure how it's supposed to work if the speaker retires, but if the next speaker wishes to modify the title of this act (ie. to say "voting on amendment") you may PM me.

~ your former speaker


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on May 31, 2015, 10:26:26 PM
Unless there are any further suggestions, I will call a vote on this bill in approximately 24 hours.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on June 01, 2015, 12:11:39 PM
Unless there are any further suggestions, I will call a vote on this bill in approximately 24 hours.

I don't mean to be antagonistic, but if you do so, you can expect legal action.


Title: Re: MA: Fix the Constitution Act
Post by: VPH on June 01, 2015, 03:13:10 PM
Aye


Title: Re: MA: Fix the Constitution Act
Post by: Boston Bread on June 01, 2015, 04:42:30 PM
The speaker hasn't called a vote yet, fyi


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on June 04, 2015, 12:36:17 PM
I am calling a vote on this Amendment. Please vote AYE, NAY, or ABSTAIN. Voting will last 48 hours, or until every Assemblyman has voted.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on June 04, 2015, 12:43:17 PM
looks like this is the final version:
Quote
Fix the Constitution Act
The Mideast Constitution is hereby amended to read as follows:

We, the people of the States of Illinois, Indiana, Kentucky, Maryland, Michigan, Missouri, Ohio, Virginia, West Virginia, and Wisconsin, the Provinces of Nunavut and Ontario, and the city of Nyman, in order to found a more permanent government, establish justice, protect the general welfare, ensure domestic tranquility, provide for the common defense, preserve the blessings of liberty for ourselves and our posterity, and trusting in the inherent equality of all men and women, do hereby ordain and establish this Constitution for the Commonwealth of the Mideast.

Article I
Section 1: All executive powers granted herein shall be vested in the Governor of the Mideast, who shall be chosen for a term of four months together with a Lt. Governor.

No person shall be Governor who is not a citizen of the Republic of Atlasia, nor who  has been a resident of this Region for fewer than thirty days at the time of his inauguration. No person shall be Lt. Governor who is not qualified to serve as Governor of this region.

Section 2: Elections for Governor and Lt. Governor shall be held every fourth month, in the months of January, May, and September. The method for electing the Governor shall be Standard Transferable Vote unless otherwise specified by law.

Candidates for Governor shall run jointly with a candidate for Lt. Governor and shall appear jointly on the ballot together. The candidate for Lt. Governor whose name appears on the ballot with the successful candidate for Governor shall be elected.

Section 3: The Governor shall have the authority to carry out all acts in association with the enforcement of the laws passed under this Constitution; to fill vacancies in the Assembly; to administer all elections and referendums mandated herein; to command the militia in times of war; to appoint, with the consent of the Assembly, members of the Superior Court, the heads of any executive departments which may be established by law, and a Lt. Governor in case of a vacancy in the office; to issue, except in cases of impeachment, pardons and reprieves for crimes committed under the laws of this Region, which shall be permanent upon their issuance, though he shall have no power to pardon himself; and to approve, or veto, all acts passed by the legislative power of this Region.

It shall be the duty of the Governor, or of any officer appointed by him for the purpose with the consent of the Assembly, to maintain the Mideast Regional Wikipedia, particularly those pages concerning the laws and government of this region.

The Governor shall, from time to time, and at least once in his term, address the citizens of the Mideast on the state of the Region.

Whenever the Regional Senator of the Mideast should become unable to continue to represent this Region in the Atlasian Senate, it shall fall upon the Governor to appoint a replacement with the consent of the Assembly.

Section 4: Should the Governor, by reason of death, impeachment, or resignation, become unable to execute the powers of his office, the Lt. Governor shall assume the office of Governor for the remainder of his term. If there be no Lt. Governor at the time of the vacancy, the presiding officer of the Assembly will assume the Governorship.

Should the Governor become temporarily unable to execute the duties of his office, he may designate the Lt. Governor as Acting Governor for a period not greater than fourteen days.

Section 5: Should the Governor or Lt. Governor, or any other member of the executive branch, be guilty of high crimes or misdemeanors, or be absent from the Fantasy Elections Subforum for more than fourteen days at one time, they may be removed from office by the Assembly.

Article II
Section 1: All judicial powers herein established shall be vested in a Superior Court.

The Superior Court shall be composed of a Judge nominated by the governor with the consent of the Assembly. No person shall serve as Judge who is not a citizen of the Republic of Atlasia nor who has been a resident of this Region for fewer than thirty days.

Section 2: The Superior Court shall have jurisdiction over all disputes arising under the laws of this Region or the Constitution of the Mideast, and shall have the authority to nullify acts of the executive and legislative branches of this government which it finds to be in conflict with this Constitution.

Article III
Section 1: The legislative authority of this Region shall be vested in an Assembly, which shall be composed of five Representatives elected every second month by the citizens of the Mideast.

No person shall be elected to the Assembly who is not both a citizen of the Republic of Atlasia and a resident of the Mideast Region.

Unless otherwise specified by law, the Representatives of the Assembly shall be elected at-large by the entire population of the Mideast.

Section 2: The Assembly shall determine its own methods of proceedings, and shall have the power to select its own officers and to judge the qualifications of its members.

Section 3: The Assembly shall have the authority to lay and collect taxes within the Mideast; to fund the functions of government; to call forth a militia in times of war, and provide for the regulation of the same; to make laws to provide for the safety and welfare of the public; to provide for the edification of the populace; to construct roads, bridges, and other features of infrastructure; to impeach, by a 4/5 vote, members of the executive and judicial branches of government, though the sentence for a successful impeachment shall not exceed removal from office and a one year ban on officeholding within the Mideast; to confirm gubernatorial appointments for executive and judicial office; to regulate commerce; and to take all other actions which they deem necessary for the defense of this Constitution and the liberties of the people.

No power granted herein to the Assembly shall ever be assumed by any of the other branches of government.

Section 4: Every bill having been passed by the Assembly shall, before it becomes law, be presented to the Governor of the Mideast; if he approves of it, he shall sign it and it will become law; but if he disapproves, he may veto it, and it shall be returned to the Assembly. If the Assembly then passes the bill once more by a 4/5 vote it shall become law regardless of the Governor's opinion.

If any bill should be presented to the Governor, and he should fail to either sign or veto it within five days of its passage, it shall become law irrespective of his judgement.

Section 5: The Lt. Governor shall be permitted to participate in the proceedings of the Assembly, but he shall have no vote unless they be equally divided, and then only in the event of a vacancy in the legislature, or the absence of one or more Representatives for a period exceeding four days, or whenever the entire Assembly shall have voted on the proposal in question.

Whenever the Lt. Governor shall serve as Acting Governor of the Mideast, he shall temporarily forfeit his membership in the Assembly.

Section 6: The Assembly shall be responsible for passing an annual budget enumerating the expenditures of the Mideast government for the coming year.

The budget will go into effect on the first day of July in the year in which it is passed and will cease to be operative on the first day of July the following year unless otherwise provided for by law.


The Assembly may approve a budget greater than 100% of annual revenue received only upon a vote to do so by 2/3rds or greater of the voting members of the Assembly.

If the Mideast Assembly fails to pass an annual budget, the Assembly shall be required to suspend all other legislation in debate until the budget has been addressed.

Section 7: Whenever any Representative shall have been absent from the Assembly for a period exceeding seven days, during which time at least two bills should have been brought to a vote, without posting a Leave of Absence for the same, he shall be subject to expulsion from the legislature at the discretion of the Assembly.

Should any Representative be absent from the Assembly for a period exceeding twenty-one days, during which time at least five bills should have been brought to a vote, he shall be considered to have forfeited his seat in the legislature.

(continued in next post)
[/quote]


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on June 04, 2015, 12:44:14 PM
Quote
Article IV
Section 1: Any resident of one of the states of this Region, who shall be considered eligible to vote in elections for federal office, and having been a resident of this region for a period of seven days or more, shall likewise be eligible to participate in all elections and referendums conducted in the Mideast.

Section 2: Voters shall be permitted to edit their ballots until twenty minutes after posting them in the Regional Voting Booth. No voter shall edit their ballot after the official end of the voting period.

Section 3: No person shall campaign in the thread in which voting shall occur. If a person does so they shall have their vote(s) counted as invalid and shall be subject to further trial and punishment as the law may provide. A person's username and signature are exempt from this clause.

Section 4: All elections and public referendums shall be administered by the Governor of the Mideast, or by the person acting as Governor. If the Governor is unable to administer the election, then the Lt. Governor, the presiding officer of the Assembly, or the Judge of the Superior Court will do so, with responsibility progressing in the given order.

Section 5: Elections for Governor and Lt. Governor shall be held in the months of January, May, and September; elections for the Assembly shall be held in the months of January, March, May, July, September, and November. Voting shall begin between 00:01 on the third Thursday of the given month and 00:00 on the first Friday thereafter, and will conclude exactly 72 hours afterwards.

All elections for regional office will be conducted on the principle of a Single Transferable Vote. When the election is for a single office, the quota for election shall be a majority of the votes cast; when it is for multiple offices, the quota for election shall be the quotient of the total votes cast divided by the number of offices to be filled. All surpluses will be redistributed proportionally according to the next-highest preferences of the ballots in question.

Section 6: Whenever a public referendum is to be held, the officer administering the election shall immediately open a thread in the Fantasy Elections Board in which the measure to be voted on can be read and discussed. After approximately 72 hours time, the officer shall then open the voting booth. Voting will continue for exactly 72 hours, except when the referendum is on a proposed amendment to the federal Constitution, in which case the vote shall continue for exactly 168 hours.

In all referendums, citizens will vote either "aye" (or yes), "nay" (or no), or "abstain". The referendum will only be considered to have passed if a majority of voters voted "aye".

Section 7: Candidates for Regional office must declare themselves as such in the appropriate thread by 00:01 on the Tuesday preceding the election in order to appear on the ballot. In order for a gubernatorial ticket to appear on the ballot, both the candidate for Governor and the candidate for Lt. Governor must declare their candidacies before this time.

Any qualified citizen of the Mideast may declare their intention to accept write-in votes at any time prior to or during the election, either by announcing so in the appropriate thread or by casting a write-in vote in their own name.

No candidate will be permitted to appear on the ballot who does not meet the qualifications for officeholding set forth in this Constitution. Write-in votes for persons Constitutionally unqualified to hold office will not be counted.

Section 8: If a citizen, meeting the Constitutional requirements for the exercise of the franchise, will be unable to access the Mideast Voting Booth during the time of the election, he or she may request an Absentee Ballot from the Governor. Said ballot shall be cast in a voting booth created for the purpose on the Fantasy Elections board, and may be edited at any time prior to the commencement of the election.

Section 9: All citizens elected to serve in the Regional Government will take office on the first Friday following their election.

Prior to assuming office, all regional officeholders will swear the following oath: "I, [state name], do solemnly swear (or affirm) that I will faithfully execute the office of [state office name] and will to the best of my ability, preserve, protect and defend the Constitution of the Mideast Region."

Section 10. Should the Assembly pass legislation, and that legislation becomes law, and at least 25% of the population publicly protest the measure in a separate thread, a public referendum shall be held on that legislation.

Section 11. Initiatives may be proposed for public referendum with the support of at least 25% of the number of registered voters in the Mideast.

Article V
Section 1: No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection under the laws of this Region.

Section 2: The right of the people to keep and bear arms of a nature reasonable for self defense shall not be infringed.

Section 3: No person shall be held in slavery or involuntary servitude except as punishment for a crime of which they have been duly convicted.

Section 4: The privilege of the Writ of Habeas Corpus shall not be denied except in times of public rebellion or natural disaster, and then only in a manner consistent with law.

Section 5: No branch of the Regional government shall conscript any person into the service of the Armed Forces except in times of war, public rebellion or natural disaster, and then only in a manner consistent with law.

Section 6: No soldier shall, in times of peace, be quartered in any house or building without the consent of the owner, nor in times of war except in a manner consistent with the law.

Section 7: The Armed Forces shall not be used for law enforcement or policing duties except in times of public rebellion or in the interests of public safety, and then only in a manner consistent with Law.

Section 8: No branch of the Regional government shall issue a law or declaration respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or expression, or of the press.

Section 9: No branch of government shall restrict freedom of association, nor the right to peacefully assemble and petition the government for redress of grievances.

Section 10: No law shall be passed requiring a voter to denote their State of fantasy residence during an election.

Section 11: The right of the people to be secure in their persons, houses, papers, communications and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Section 12: The right to trial by jury shall be preserved and such trial will be as open and swift as justice shall allow. No person shall be tried for the same offense twice, nor shall any person be compelled to bear witness against himself. In cases of criminal prosecution, the accused shall enjoy the right to be informed of the nature and cause of the accusation and the witnesses against him; to bring witnesses in his own defense; and to have the assistance of counsel in his defense.

Section 13: Private property shall not be taken for public use without just compensation.

Section 14: The right of the people to privacy outside of the public sphere shall not be infringed.

Section 15: No person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the armed forces, or in the militia, when in actual service in time of war or public danger.

Section 16: In suits at common law, where the value in controversy shall exceed a hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the Mideast Region, than according to the rules of the common law.

Section 17: No person, either accused or convicted of a crime, shall be subjected to excessive bail, nor excessive fines, nor cruel or unusual punishment.

Section 18: An educated populace being essential to the maintenance of a Republican society, it shall be the duty of this government to maintain publicly funded schools, which shall be open to all citizens under the age of 18.

Section 19: No law shall be passed by this government prohibiting any action which is not directly harmful to the public well being.

Section 20: Persons in employment shall have the right to organize for the purpose of collective bargaining, with such exceptions as the law may provide on grounds of vital Regional interests.

Section 21: No citizen shall be denied the right to the elective franchise except as the result of conviction of a crime under the laws of this Region, nor shall any citizen be deprived of the rights enumerated herein on the basis of race, class, creed, or sexuality.

Section 22: The holding of multiple offices under this government shall be prohibited.

Section 23: The enumeration of certain rights in this Constitution shall not be construed to deny or disparage those natural liberties herein unlisted.

Article VI
Section 1: The Assembly, whenever it shall deem it necessary, may propose Amendments to this Constitution which, upon their ratification by a public referendum, shall become operative as part of this Constitution.

Section 2: Whenever 4/5 of the Assembly or 1/4 of the registered voters of this Region shall consider it desirable to improve this Constitution more fully, the Governor shall call for a Constitutional Convention to propose revisions to this document, or to replace it entirely.

Section 3: This Constitution, and all Laws passed under its authority, shall be the supreme law of the land, except when it may conflict with the federal Constitution, in which case the latter shall be supreme.


Title: Re: MA: Fix the Constitution Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on June 04, 2015, 12:44:49 PM
Aye


Title: Re: MA: Fix the Constitution Act
Post by: Unconditional Surrender Truman on June 04, 2015, 12:46:46 PM
Yes, thank-you Shua.

AYE!


Title: Re: MA: Fix the Constitution Act (Final Vote)
Post by: Unconditional Surrender Truman on June 06, 2015, 12:40:02 PM
With 2 Ayes, 0 Nays, and three members not voting, this Act has passed the Assembly.