MA: Fix the Constitution Act (Final Vote)
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  MA: Fix the Constitution Act (Final Vote)
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Author Topic: MA: Fix the Constitution Act (Final Vote)  (Read 7406 times)
Boston Bread
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« on: April 02, 2015, 04:38:22 PM »
« edited: June 04, 2015, 12:50:36 PM by New Canadaland »

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Boston Bread
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« Reply #1 on: April 02, 2015, 04:40:05 PM »

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Sponsor: Harry S Truman

For the sake of simplicity, could the sponsor explain what changes or additions this amendment makes?
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Boston Bread
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« Reply #2 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:

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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.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #3 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.
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Boston Bread
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« Reply #4 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.
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Boston Bread
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« Reply #5 on: April 07, 2015, 03:38:07 PM »

My amendment:
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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.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #6 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):

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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.
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Boston Bread
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« Reply #7 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.
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Boston Bread
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« Reply #8 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.
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Boston Bread
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« Reply #9 on: April 10, 2015, 01:31:32 PM »

Aye
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MyRescueKittehRocks
JohanusCalvinusLibertas
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« Reply #10 on: April 10, 2015, 09:29:46 PM »

Is this changing, in any way, the amendment just ratified?
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Boston Bread
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« Reply #11 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.
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shua
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« Reply #12 on: April 11, 2015, 06:46:21 PM »

I'd like to keep the ballot initiative process.
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Boston Bread
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« Reply #13 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.
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shua
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« Reply #14 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.

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Boston Bread
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« Reply #15 on: April 12, 2015, 07:20:28 AM »

The amendment has passed by a 1-0 vote.
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shua
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« Reply #16 on: April 12, 2015, 08:39:27 PM »
« Edited: April 13, 2015, 01:15:08 PM by shua »

Amendment to Article IV:

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Unconditional Surrender Truman
Harry S Truman
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« Reply #17 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.
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shua
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« Reply #18 on: April 13, 2015, 01:16:14 PM »

I have updated it to 25%.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #19 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?
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shua
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« Reply #20 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.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #21 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.
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Boston Bread
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« Reply #22 on: April 16, 2015, 08:26:48 AM »

I am calling a vote on Shua's amendment. Please vote Aye, Nay, or Abstain.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #23 on: April 16, 2015, 11:07:21 AM »

Aye
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Boston Bread
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« Reply #24 on: April 17, 2015, 01:25:02 PM »

Aye
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