The Simfan Plan for a new constitution

[Simfan34]

Here is what I have so far:

WE, the Atlasian people, in the exercise of our sovereign and inviolate rights with which providence has seen fit to bestow us, acting through our representatives, hereby do ordain and establish this CONSTITUTION of the ATLASIAN FEDERATION.

I. THE FEDERATION AND THE REGIONS

1.   The Atlasian Federation shall be a democratic, republican, and indissoluble federation of Regions governed by the people and bound by law, justice, and the constitutional order. No law, act, amendment of the Federation or any region shall be enacted in contravention to these principles.

2.   Each Region shall maintain a Constitution in conformity with the fundamental principles of a democratic republic governed by the people and bound by law, justice, and the constitutional order. In each region there shall be an executive and legislature elected by popular and secret ballot. The Regions shall for administrative purposes be divided into States.

3.   The Federation shall ensure that all Regions conform to these fundamental principles and that neither it nor any Region deprives or denies any person of their established rights or equal protection under the law.

4.   The division of the Federation into Regions may be revised to ensure that each Region be of a size and capacity to perform its functions effectively.  Such revisions are to be enacted through federal law, which must attain the consent of the affected Regions via referendum.

5.   A territory, having attained a size and capacity to perform its functions effectively, may apply to admission to the Federation as a Region or a State of a Region.

6.   In the case of a Region, their admission is to be endorsed by federal act and approved via a referendum attaining both a majority of the Regions and a majority of voters.

7.   In the case of a State, their admission is to be approved by federal act conditional on acceptance by the Region to which they seek admittance.

8.   Neither the Federation nor the Regions shall seek to admit any territory that has not applied for such.

9.   The powers and functions not granted to the Federation in this Constitution, or prohibited by it to the Regions, are the prerogative of the Regions. Federal law shall take precedence over regional law, and no regional law shall be maintained in contravention to federal law.

7.     The regions comprising the Federation shall be:
 
a. Northern region, consisting of the states of...

b. Western region, consisting of the states of...

c. Southern region, consisting of the states of...

II. THE EXECUTIVE

1.   The executive power of the Federation shall be exercised by a President of the Atlasian Federation, and shall be assisted by a Vice President.

2.   The President and Vice President shall be elected by national and popular ballot for a term of four months.

3.   The President and Vice President shall be Atlasian citizens having been registered voters for no fewer than 365 days and not under any sanction imposed by the courts or any other body against holding office. However, there shall be no discrimination in holding office because of race, religion, creed, gender, sexual orientation, physical disability, social status, family origin, or income.

4.   Elections for President and Vice President shall be held in the months of February, June, and October for a period lasting 72 hours starting at midnight Eastern Standard Time on the second Thursday of the month.

5.   Until law of the Federation otherwise provides, the President and Vice President shall take office on the Monday two weeks after the conclusion of the election.

6.   Command of the armed forces and shall be vested in the President.

7.   The President shall have the power to grant reprieves and pardons for offenses against the Federation for any person with the exception of himself, and cases of impeachment.

8.   The President shall have the power to conclude treaties and agreements with foreign states and international organizations, provided two thirds of the Senate is in concurrence.

9.   The President shall determine and be responsible for the general guidelines of policy and to that end may nominate, and with the approval of the Senate, appoint Secretaries to administer federal departments as may be established law of the Federation.

10.   Until law of the Federation otherwise provides, the secretaries of the Federal departments shall not exceed seven in number.

11.   The President shall nominate, and with the approval of the Senate, appoint Ambassadors and Ministers to foreign states and international organizations, and shall have to power to receive foreign ambassadors and ministers.

12.   The President shall nominate, and with the approval of two thirds of the Senate, appoint Judges of the Supreme Court and any Judges of Federal Courts established by law of the Federation.

13.   Until law of the Federation otherwise provides, the appointment and removal of all other officers of the Executive Government of the Federation shall be vested in the President, unless the appointment is delegated by the President or by a law of the Federation to some other authority.

14.   The President shall award decorations and honors as provided for by law of the Federation.

15.   The Vice President shall replace the President in the case of vacancy of the office of President, or in the case of incapacity demonstrated through a method, providing for the concurrence of no less than two thirds of both the Senate and the House of Representatives, established by law of the Federation.

16.   Further succession to office of President shall be determined by law of the Federation.

17.   In the case of vacancy of the office of Vice President, the President shall nominate, and with the approval of the Senate, appoint a new Vice President.

18.   There shall be a Council of State, presided over by the vice president and whose members shall be the governors of the Regions, the Chief Justice of the Supreme Court, and the Speaker of the House of Represenatives

III. THE LEGISLATURE

1.   The legislative power of the Federation shall be vested in a House of Representatives and a Senate comprising a Congress of the Atlasian Federation.

2.   For ceremonial purposes, the Senate shall take precedence over the House of Representatives as the upper house of the legislature.

3.   The number of members of the Senate shall not exceed more than two-thirds of that of the House of Representatives.

4.   Each Region shall be entitled to two seats in the Senate. One seat shall be elected through Region-wide popular ballot, and one seat shall be selected through vote of the Region’s legislature.

5.   Senators shall hold office for a term of six months.

6.   Elections for the Senate shall be held in the months of February and August for a period lasting 72 hours starting at midnight Eastern Standard Time on the second Thursday of the month.

7.   Regional appointments to the Senate shall be made in the months of June and December by the third Monday of the month.

8.   The Vice President shall serve as President of the Senate, and shall in the case of a tied vote in that house, cast a tie-breaking ballot.

9.   The Senate shall elect a President Pro Tempore to conduct its affairs in the regular absence of the President of the Senate.

10.   Until law of the Federation otherwise provides, there shall be nine members of the House of Representatives.

11.   Members of the House of Representatives shall hold office for a term of four months.

12.   Elections for the House of Representatives shall be held in the months of April, August, and December for a period lasting 72 hours starting at midnight Eastern Standard Time on the second Thursday of the month.

13.   No person shall be allowed to be a member of both houses simultaneously.

14.   Proposed laws appropriating revenue, or imposing taxation, shall not originate in the Senate.

15.   The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Federal Government.

16.   Laws imposing taxation or dealing with the appropriation of revenue shall deal only with the imposition of taxation, and any other provision in such law shall be null and void.

17.   [Rights held by Congress]

IV. THE JUDICIARY

1.   [The Judiciary]

V. CONSTITUTIONAL ORDER

1. The entirety of Atlasian statute passed prior to the ratification of this constitution is hereby declared null and void.

2.  The entirety of United States statute passed prior to the ratification of this constitution is hereby adopted.

[windjammer]

That's really good.

[rpryor03]

I like it, Simfan!

[Unconditional Surrender Truman]

Apart from a few quibbles, I approve of this.

[Classic Conservative]

I like it but we need a bill of rights.

[Simfan34]

I like it but we need a bill of rights.

Yeah, I'm yet to get to that.

Apart from a few quibbles, I approve of this.

What are they?

[Unconditional Surrender Truman]

Apart from a few quibbles, I approve of this.

What are they?

1. While I like the idea of a bicameral legislature, I don't think there are enough active citizens to support one at present without elections becoming incredibly boring.

2. I would prefer the President to be able to veto Congressional legislation (I don't see a veto provision currently).

3. I'm not sure what the purpose the Council of State has: is this merely a ceremonial body, or do you anticipate Congress granting this body legal responsibilities?

4. Do we still have a GM in this system? If so, I think we need to add a clause to Article V specifying that the legislative reboot is an "out-of-universe event". Otherwise, we would very likely see a massive economic downturn as the result of having the entire criminal statute, the budget, and all foreign treaties abolished in one fell swoop. If we want to maintain a link to the last 11 years, I would suggest exempting the 2015 Budget and laws relating to foreign affairs from the reboot.

5. This is admittedly a minor issue, but I'm not a big fan of the name "Atlasian Federation". I'd rather we remain the Republic of Atlasia, or become the "Atlasian Free State" (or the "Republic of Vespuccia" if we want a complete break from the past).

[Simfan34]

I intend for there to be a veto and GM. You omit some things unintentionally when starting for scratch. I have some ideas for the Council of State I will flesh out. I agree with your points on the GM.

As for bicameralism, it is a net loss of offices assuming 15 regional offices after and 25 before. This is supposed to spur activity-- I doubt it'll be a problem.

As for the name, as long as we get rid of the dull old "Republic of Atlasia" I'll be fine. A full name change would be interesting.

Don't worry this is just the start.

[Fmr. Pres. Duke]

I agree with this in theory. I've been trying to push this since I ran for president in 2013. I'm confident whoever the next president is will at least be open to listening to this idea, whereas people torched me in 2013 for daring to suggest such a change. "Atlasia is fine!" They said.

[Cincinnatus]

I agree with this in theory. I've been trying to push this since I ran for president in 2013. I'm confident whoever the next president is will at least be open to listening to this idea, whereas people torched me in 2013 for daring to suggest such a change. "Atlasia is fine!" They said.

We were ahead of our time Duke, far ahead of our time

[Lumine]

An excellent proposition, Simfan, it's a plan I could get happily behind for the Constitutional Convention.

I do think bicameralism might not be the best of ideas, though. Not because of the number of offices, but because having two chambers discuss the same issues would probably make debate a bit dull, not to mention laws would take even longer to get passed.

Other than that, I would advice to correct the issue regarding the Vice-Presidency from the start, as this proposal still has few duties for the office (just "President of the Senate" and the chairmanship of the Council of State). I would recommend making a provision that grants the VP a cabinet portfolio by decision of the President, or anything that makes the office more interesting for people to run for it.

[Senator Cris]

I like this.

[Southern Senator North Carolina Yankee]

I would be fine with an Atlasian Federation.


I do have one question. Why is the Executive Article numbered ahead of the Legislative, you crafty monarchist devil?