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Debate: Constitution of the Indpendent Order; Senators Only Please
Topic Started: 2nd December 2013 - 06:26 PM (1,188 Views)
Elpidia
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The Rt. Hon.
I hereby open debate on the following bill. The debate will close on Dec. 9th, 2013 at 1:26pm, unless closed earlier by majority vote.

Quote:
 
Preamble

We the members of the Independent Order, resolved to create a government so as to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world, and in the knowledge that only those who use their freedom remain free, do adopt and ordain the following Constitution.


Article I.

(1)The Grand Chancellor shall be the head of state of The Independent Order.

(2)All laws and treaties passed by the Senate must be formally signed by the Grand Chancellor to take effect.

(3)The Grand Chancellor shall be responsible for the out of context operation and safety of the declared assets of The Independent Order.

(4)The Grand Chancellor shall be responsible for the timely management of elections.

(5)The Grand Chancellor may not hold another office of the government of the Independent Order.

(6)The Grand Chancellor shall have the authority to pardon convictions and to commute or reduce sentences.


Article II.

(7)All legislative power is hereby vested in the Senate of the Independent Order.

(8)The Senate shall be made up of no less than five (5) and no more than fifteen (15) members, as determined by law, though the number must remain odd.

(9)Elections for the Senate shall be held on the 27th and 28th of every month (GMT), with nominations opened on the 24th (GMT). To run for the position of Senator, the candidate must demonstrate that they have a nation in The Independent Order.

(10)The Senate shall vote for a speaker from their own ranks upon the commencement of the legislative term. Should the Senate be unable to determine a Speaker from the candidates available after a period of seven (7) days, the Grand Chancellor will appoint one from the nominated candidates in order to allow the Senate to function.

(11)Any proposed act or resolution in the Senate will be debated for no more than seven (7) days, upon which time the item will be voted upon for two (2) days. Any senator may move to vote to shorten the debate time should the seven (7) day period appear to be unnecessary.

(12)Any act or resolution in the Senate will be considered passed should it achieve fifty-one (51) percent or more votes in favor of the number of votes possible in the Senate at that time.

(13)Any law or treaty that achieves seventy-five (75) percent or more votes in favor of the number of votes possible in the Senate at that time will automatically bypass the requirement for the Grand Chancellor to sign the law or treaty.

(14)The Senate may determine the rules of its proceedings.

(15)A senator shall automatically vacate his/her seat if he/she fails to log into the forum for more than seven (7) days.

(16)Vacancies in the Senate shall be filled by the Grand Chancellor.

(17)The Senate may overturn a pardon, commutation, or sentence reduction by the Grand Chancellor by a vote of sixty (60) percent.


Article III.

(18)The executive power shall be vested in the Premier of the Independent Order.

(19) The Premier shall be elected by the members of The Independent Order, on an election held on the 27th and 28th of every month (GMT), with nominations opened on the 24th (GMT).

(20)To run for Premier, the candidate must be able to demonstrate that they have had a nation in The Independent Order for a period no less than forty-five (45) days.

(21)Upon election, the Premier shall appoint a Vice Premier, who will act in his absence should the Premier declare a formal leave of absence, or should the Premier fail to log into the forum of The Independent Order for a period of seven (7) days.

(22)The Cabinet shall be made up of the following portfolios;
The Minister of Culture
The Minister of Truth
The Minister of Foreign Affairs
The Minister of Integration
The Minister of Armed Forces
The Minister of Imperial Affairs

(23)Cabinet positions are appointed by the Premier, at the start of the term, and then upon the resignation of a minister, or the automatic vacancy of a portfolio.

(24)Should a minister fail to log into the forums of The Independent Order for a period of seven (7) days without a declared leave of absence, their portfolio will be deemed vacant.

(25)Both the Premier and Vice Premier will occupy a portfolio themselves.

(26)At the discretion of the Premier one minister may occupy two portfolios.


Article IV.

(27)The judicial power of the Independent Order is hereby vested in the High Court.

(28)The High Court will hear cases of criminal and civil prosecution, as well as provide advice on the constitutional legality of any matter brought before it.

(29)The Senate is required to create a criminal code, in order to define what acts are criminal and civil offenses.

(30)Upon the submission of a case to the High Court, the Premier, with the consent of the Senate, will appoint a Judge to oversee the case. The Judge will serve until the case has reached a conclusion. A Judge may be appointed to oversee more than one case.

(31)A Judge shall automatically vacate his/her office if he/she fails to log into the forum for seven days.

(32)If the office of judge is vacated the Premier shall appoint a Judge to fulfill the remainder of the previous judge’s term.

(33)A Judge may not simultaneously hold any other office of the government of the Independent Order.


Article V.

(34)This constitution may be amended with vote of sixty six (66) percent or more votes in favor of the number of votes possible in the Senate at that time, and the signature of the Grand Chancellor.

(35)In the event that this document proves inadequate or incapable of solving a significant issue, the Grand Chancellor, with the consent of the Premier and Senate, will openly consult the population of the region to determine a solution.

Article VI.

(36)All nations that reside within the NationStates region of The Independent Order may consider themselves members of the region.

(37)Nations shall be required to possess a forum account to vote in elections or hold a government office.

(38)Nations that are in the region as diplomats from other regions may not vote in elections or hold a government office.


Article VII.

(39)The previous Charter of the Independent Order is repealed.

(40)This Constitution is the supreme law of the Independent Order.
Edited by Elpidia, 27th December 2013 - 04:48 PM.
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theatom117
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How would the senate size change as in how would it be decided to have 9 instead of 15 or 5
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Elpidia
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theatom117
3rd December 2013 - 03:39 AM
How would the senate size change as in how would it be decided to have 9 instead of 15 or 5
The phrase "as determined by law" means that the Senate will be able to change it's own size as necessary. Currently there are few active forum members, but this may change.
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theatom117
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ok thanks for the clarification
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Elpidia
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theatom117
3rd December 2013 - 03:42 AM
ok thanks for the clarification
My pleasure :)
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theatom117
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Shouldn't the Premier and Vice/Deputy premier run on a platform together so that way the voters know who would be premier if the current one went inactive.
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Elpidia
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theatom117
3rd December 2013 - 03:50 AM
Shouldn't the Premier and Vice/Deputy premier run on a platform together so that way the voters know who would be premier if the current one went inactive.
That is an approach, personally I prefer the current method of the Premier appointing one. Although, if the majority of the Senate agrees with you, I wouldn't be opposed to changing it.
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theatom117
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ok we well see can you clarify the actual title of the vice/Deputy premier
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Elpidia
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theatom117
3rd December 2013 - 04:00 AM
ok we well see can you clarify the actual title of the vice/Deputy premier
I'm not sure what you mean, in article III it says:

"(21)Upon election, the Premier shall appoint a Vice Premier, who will act in his absence should the Premier declare a formal leave of absence, or should the Premier fail to log into the forum of The Independent Order for a period of seven (7) days."
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theatom117
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Quote:
 
Both the Premier and Deputy Premier will occupy a portfolio themselves.


You say deputy Premier here
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Elpidia
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theatom117
3rd December 2013 - 04:37 AM
Quote:
 
Both the Premier and Deputy Premier will occupy a portfolio themselves.


You say deputy Premier here
Oh! I see what you mean, it's a typo then. I'll fix it.
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Beatrice
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I have no issue with this. :)

Although I will say I support the current system for the Premier appointing the Deputy/Vice Premier along with the rest of the Cabinet as opposed to running in the form of a 'ticket'.

Thus I believe that we should leave appointments at the discretion of the Premier, as it leaves room for creative answers should a Premier face issues during appointment (my Open Interviews, for example). I do hope that appointments will become determinable somewhat sooner rather than closer to the last minute, which will assist with getting future terms up and running more quickly.
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Elpidia
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I really like to pass this with unanimous support, so if there's any reason that a Senator feels incapable of voting for this constitution could you please state so, and we'll try to find a solution.
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Chernobereg
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I see no reason to object. Aye for the motion.
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Beatrice
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No objections from myself. :)
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Avakael
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~ t u r b o w e i r d o b o y s 2 0 1 7 ~
One problem I have- why do we need a permanent judge? That means that someone with legal knowledge that could be putting it to good use in the Senate has to sit on the sidelines of government entirely in the unlikely event of someone actually breaking the law. We're better off keeping the existing system of appointing judges only when one is needed to actually preside over a case.

Other than that, I'd be happy to sign the amendment.
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Elpidia
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Bruthannia
6th December 2013 - 10:13 AM
One problem I have- why do we need a permanent judge? That means that someone with legal knowledge that could be putting it to good use in the Senate has to sit on the sidelines of government entirely in the unlikely event of someone actually breaking the law. We're better off keeping the existing system of appointing judges only when one is needed to actually preside over a case.

Other than that, I'd be happy to sign the amendment.
When you put it like that I kind of agree. I motion to amend Article IV thusly,

Quote:
 
Article IV.

(27)The judicial power of the Independent Order is hereby vested in the High Court.

(28)The High Court will hear cases of criminal and civil prosecution, as well as provide advice on the constitutional legality of any matter brought before it.

(29)The Senate is required to create a criminal code, in order to define what acts are criminal and civil offenses.

(30)Upon the submission of a case to the High Court, the Premier, with the consent of the Senate, will appoint a Judge to oversee the case. The Judge will serve until the case has reached a conclusion. A Judge may be appointed to oversee more than one case.

(31)A Judge shall automatically vacate his/her office if he/she fails to log into the forum for seven days.

(32)If the office of judge is vacated the Premier shall appoint a Judge to fulfill the remainder of the previous judge’s term.

(33)A Judge may not simultaneously hold any other office of the government of the Independent Order.
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Elpidia
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This bill should be going to vote now, as per the Charter, but we still need time for debate. I motion to extend debate indefinitely.

Some things we still need to discuss:

Article IV (see above)
Who is commander-in-chief of the armed forces
Points brought up in the Public Gallery
Edited by Elpidia, 9th December 2013 - 04:52 PM.
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Beatrice
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I second this motion.
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Elpidia
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Beatrice
9th December 2013 - 05:35 PM
I second this motion.
If I may Madame Premier, which motion are you seconding? The one to modify Article IV, or the one to extend debate?
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Chernobereg
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Aye to the debate, and aye to Article IV.
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theatom117
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Aye to both of the motions
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Aye to both motions
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Elpidia
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Alright then I count at least three seconds to both the motion to extend debate indefinitely and to amend Article IV. To move on with debate, this is currently a very small issue, but who should be the commander-in-chief of the armed forces, the Grand Chancellor or the Premier?
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Ceylon
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nvm this post---wrong one
Edited by Ceylon, 10th December 2013 - 11:28 AM.
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Elpidia
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Ok Senators, due to several things that have been brought up in the Public Gallery and elsewhere, I'd like to suggest the following changes to the proposed constitution (in green). Credit to CGJ for changes to (13) and (19).

Also, CGJ brought up another point that made a lot of sense. Perhaps (23) should be amended to read thusly.

Quote:
 
(23)The Cabinet shall be composed of at least the following portfolios, however more may be created or abolished by the Premier at his/her discretion;
The Minister of Foreign Affairs
The Minister of Integration
The Minister of Armed Forces


Quote:
 
Preamble

We the members of the Independent Order, resolved to create a government so as to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world, and in the knowledge that only those who use their freedom remain free, do adopt and ordain the following Constitution.


Article I.

(1)The Grand Chancellor shall be the head of state of The Independent Order.

(2)All laws and treaties passed by the Senate must be formally signed by the Grand Chancellor to take effect.

(3)The Grand Chancellor shall be responsible for the out of context operation and safety of the declared assets of The Independent Order.

(4)The Grand Chancellor shall be responsible for the timely management of elections.

(5)The Grand Chancellor may not hold another office of the government of the Independent Order.

(6)The Grand Chancellor shall have the authority to pardon convictions and to commute or reduce sentences.

(7)The Grand Chancellor shall be the Commander-in-Chief of the Armed Forces of the Independent Order.


Article II.

(8)All legislative power is hereby vested in the Senate of the Independent Order.

(9)The Senate shall be made up of no less than five (5) and no more than fifteen (15) members, as determined by law, though the number must remain odd.

(10)Elections for the Senate shall be held on the 27th and 28th of every month (GMT), with nominations opened on the 24th (GMT). To run for the position of Senator, the candidate must demonstrate that they have a nation in The Independent Order.

(11)The Senate shall vote for a speaker from their own ranks upon the commencement of the legislative term. Should the Senate be unable to determine a Speaker from the candidates available after a period of seven (7) days, the Grand Chancellor will appoint one from the nominated candidates in order to allow the Senate to function.

(12)Any proposed act or resolution in the Senate will be debated for seven (7) days, after the debate period the item will be voted upon for two (2) days. Any senator may move to vote to shorten or prolong the debate time should the seven (7) day period appear to be unnecessary or insufficient.

(13)Any act or resolution in the Senate will be considered passed should it achieve fifty (50) percent plus one or more votes in favor of the number of votes possible in the Senate at that time.

(14)Any law or treaty that achieves seventy-five (75) percent or more votes in favor of the number of votes possible in the Senate at that time will automatically bypass the requirement for the Grand Chancellor to sign the law or treaty.

(15)The Senate may determine the rules of its proceedings.

(16)A senator shall automatically vacate his/her seat if he/she fails to log into the forum for more than seven (7) days.

(17)Vacancies in the Senate shall be filled by the Grand Chancellor.

(18)The Senate may overturn a pardon, commutation, or sentence reduction by the Grand Chancellor by a vote of sixty (60) percent.


Article III.

(19)The Premier shall be the head of government of the Independent Order.

(20) The Premier shall be elected by the members of The Independent Order, on an election held on the 27th and 28th of every month (GMT), with nominations opened on the 24th (GMT).

(21)To run for Premier, the candidate must be able to demonstrate that they have had a nation in The Independent Order for a period no less than forty-five (45) days.

(22)Upon election, the Premier shall appoint a Vice Premier, who will act in his absence should the Premier declare a formal leave of absence, or should the Premier fail to log into the forum of The Independent Order for a period of seven (7) days.

(23)The Cabinet shall be made up of the following portfolios;
The Minister of Culture
The Minister of Truth
The Minister of Foreign Affairs
The Minister of Integration
The Minister of Armed Forces
The Minister of Imperial Affairs

(24)Cabinet positions are appointed by the Premier, at the start of the term, and then upon the resignation of a minister, or the automatic vacancy of a portfolio.

(25)Should a minister fail to log into the forums of The Independent Order for a period of seven (7) days without a declared leave of absence, their portfolio will be deemed vacant.

(26)Both the Premier and Vice Premier will occupy a portfolio themselves.

(27)At the discretion of the Premier one minister may occupy two portfolios.


Article IV.

(28)The judicial power of the Independent Order is hereby vested in the High Court.

(29)The High Court will hear cases of criminal and civil prosecution, as well as provide advice on the constitutional legality of any matter brought before it.

(30)The Senate is required to create a criminal code, in order to define what acts are criminal and civil offenses.

(31)Upon the submission of a case to the High Court, the Premier, with the consent of the Senate, will appoint a Judge to oversee the case. The Judge will serve until the case has reached a conclusion. A Judge may be appointed to oversee more than one case.

(32)A Judge shall automatically vacate his/her office if he/she fails to log into the forum for seven days.

(33)If the office of judge is vacated the Premier shall appoint a Judge to fulfill the remainder of the previous judge’s term.

(34)A Judge may not simultaneously hold any other office of the government of the Independent Order.


Article V.

(35)This constitution may be amended with vote of sixty six (66) percent or more votes in favor of the number of votes possible in the Senate at that time, and the signature of the Grand Chancellor.

(36)In the event that this document proves inadequate or incapable of solving a significant issue, the Grand Chancellor, with the consent of the Premier and Senate, will openly consult the population of the region to determine a solution.

Article VI.

(37)All nations that reside within the NationStates region of The Independent Order may consider themselves members of the region.

(38)Nations shall be required to possess a forum account to vote in elections or hold a government office.

(39)Nations that are in the region as diplomats from other regions may not vote in elections or hold a government office.


Article VII.

(40)The previous Charter of the Independent Order is repealed.

(41)This Constitution is the supreme law of the Independent Order.
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Elpidia
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Senators, it seems that Senate activity is really stagnating. I really hoped to have this passed before the next term. I personally believe that it is very important for the Independent Order that we pass a proper constitution.
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theatom117
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I want a clause in Article 2 that states a speaker may not hold a bill in debate longer then 12 hours since debate was closed without approval of at least two other senators.
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Elpidia
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I think it's clear the debate period needs to be flexible. We haven't had enough time to debate several bills. I think it should be worded thusly.

"Bills shall be debated in the Senate for no less than seven days, after such time any Senator may move to vote on the bill. If a majority of the Senate supports the motion the Speaker must move the bill to vote within twenty-four hours.
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theatom117
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I second that motion.
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Chernobereg
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Aye to the new constitution.
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Elpidia
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Chernobereg
22nd December 2013 - 03:22 PM
Aye to the new constitution.
Senator, this bill is not up for vote. If you are trying to second a motion, please be specific.
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Elpidia
22nd December 2013 - 03:33 PM
Chernobereg
22nd December 2013 - 03:22 PM
Aye to the new constitution.
Senator, this bill is not up for vote. If you are trying to second a motion, please be specific.
I second the motion for the constitution then.
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Elpidia
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Elpidia
20th December 2013 - 02:38 AM
I think it's clear the debate period needs to be flexible. We haven't had enough time to debate several bills. I think it should be worded thusly.

"Bills shall be debated in the Senate for no less than seven days, after such time any Senator may move to vote on the bill. If a majority of the Senate supports the motion the Speaker must move the bill to vote within twenty-four hours.
Do you mean the above motion?
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Chernobereg
22nd December 2013 - 04:17 PM
Elpidia
22nd December 2013 - 03:33 PM
Chernobereg
22nd December 2013 - 03:22 PM
Aye to the new constitution.
Senator, this bill is not up for vote. If you are trying to second a motion, please be specific.
I second the motion for the constitution then.
Aye to the above motion then.
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Elpidia
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Ok then, this is the latest edition of the constitution.

Quote:
 
Preamble

We the members of the Independent Order, resolved to create a government so as to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world, and in the knowledge that only those who use their freedom remain free, do adopt and ordain the following Constitution.


Article I.

(1)The Grand Chancellor shall be the head of state of The Independent Order.

(2)All laws and treaties passed by the Senate must be formally signed by the Grand Chancellor to take effect.

(3)The Grand Chancellor shall be responsible for the out of context operation and safety of the declared assets of The Independent Order.

(4)The Grand Chancellor shall be responsible for the timely management of elections.

(5)The Grand Chancellor may not hold another office of the government of the Independent Order.

(6)The Grand Chancellor shall have the authority to pardon convictions and to commute or reduce sentences.

(7)The Grand Chancellor shall be the Commander-in-Chief of the Armed Forces of the Independent Order.


Article II.

(8)All legislative power is hereby vested in the Senate of the Independent Order.

(9)The Senate shall be made up of no less than five (5) and no more than fifteen (15) members, as determined by law, though the number must remain odd.

(10)Elections for the Senate shall be held on the 27th and 28th of every month (GMT), with nominations opened on the 24th (GMT). To run for the position of Senator, the candidate must demonstrate that they have a nation in The Independent Order.

(11)The Senate shall vote for a speaker from their own ranks upon the commencement of the legislative term. Should the Senate be unable to determine a Speaker from the candidates available after a period of seven (7) days, the Grand Chancellor will appoint one from the nominated candidates in order to allow the Senate to function.

(12) Any proposed bill or act shall be debated in the Senate for no less than seven days, after such time any Senator may move to vote on the bill. If a majority of the Senate supports the motion the Speaker must move the bill to vote within twenty-four hours.

(13)Any act or resolution in the Senate will be considered passed should it achieve fifty (50) percent plus one or more votes in favor of the number of votes possible in the Senate at that time.

(14)Any law or treaty that achieves seventy-five (75) percent or more votes in favor of the number of votes possible in the Senate at that time will automatically bypass the requirement for the Grand Chancellor to sign the law or treaty.

(15)The Senate may determine the rules of its proceedings.

(16)A senator shall automatically vacate his/her seat if he/she fails to log into the forum for more than seven (7) days.

(17)Vacancies in the Senate shall be filled by the Grand Chancellor.

(18)The Senate may overturn a pardon, commutation, or sentence reduction by the Grand Chancellor by a vote of sixty (60) percent.


Article III.

(19)The Premier shall be the head of government of the Independent Order.

(20) The Premier shall be elected by the members of The Independent Order, on an election held on the 27th and 28th of every month (GMT), with nominations opened on the 24th (GMT).

(21)To run for Premier, the candidate must be able to demonstrate that they have had a nation in The Independent Order for a period no less than forty-five (45) days.

(22)Upon election, the Premier shall appoint a Vice Premier, who will act in his absence should the Premier declare a formal leave of absence, or should the Premier fail to log into the forum of The Independent Order for a period of seven (7) days.

(23)The Cabinet shall be made up of at least the following portfolios, the Premier may create and/or abolish other portfolios at his/her discretion;
The Minister of Culture
The Minister of Foreign Affairs
The Minister of Armed Forces


(24)Cabinet positions are appointed by the Premier, at the start of the term, and then upon the resignation of a minister, or the automatic vacancy of a portfolio.

(25)Should a minister fail to log into the forums of The Independent Order for a period of seven (7) days without a declared leave of absence, their portfolio will be deemed vacant.

(26)Both the Premier and Vice Premier will occupy a portfolio themselves.

(27)At the discretion of the Premier one minister may occupy two portfolios.


Article IV.

(28)The judicial power of the Independent Order is hereby vested in the High Court.

(29)The High Court will hear cases of criminal and civil prosecution, as well as provide advice on the constitutional legality of any matter brought before it.

(30)The Senate is required to create a criminal code, in order to define what acts are criminal and civil offenses.

(31)Upon the submission of a case to the High Court, the Premier, with the consent of the Senate, will appoint a Judge to oversee the case. The Judge will serve until the case has reached a conclusion. A Judge may be appointed to oversee more than one case.

(32)A Judge shall automatically vacate his/her office if he/she fails to log into the forum for seven days.

(33)If the office of judge is vacated the Premier shall appoint a Judge to fulfill the remainder of the previous judge’s term.

(34)A Judge may not simultaneously hold any other office of the government of the Independent Order.


Article V.

(35)This constitution may be amended with vote of sixty six (66) percent or more votes in favor of the number of votes possible in the Senate at that time, and the signature of the Grand Chancellor.

(36)In the event that this document proves inadequate or incapable of solving a significant issue, the Grand Chancellor, with the consent of the Premier and Senate, will openly consult the population of the region to determine a solution.

Article VI.

(37)All nations that reside within the NationStates region of The Independent Order may consider themselves members of the region.

(38)Nations shall be required to possess a forum account to vote in elections or hold a government office.

(39)Nations that are in the region as diplomats from other regions may not vote in elections or hold a government office.


Article VII.

(40)The previous Charter of the Independent Order is repealed.

(41)This Constitution is the supreme law of the Independent Order.
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I'm beginning to be of the opinion that the current terms for the Senate and Premier ship are too short. A little over three weeks simply isn't enough time to properly function, especially as the Senate is now more active than before. I propose a term of 45 days.

Furthermore, I think we should include sections in the constitution to deal further with possible inactivity. Here are some ideas:

1. Give the Premier the power to ask the Grand Chancellor to dissolve the Senate and call for elections if the majority of Senators are inactive.
2. Give the Senate the ability to remove the Speaker and elect a new one, if he has gone inactive.

Here are my proposed changes to the Constitution.

Quote:
 
Preamble

We the members of the Independent Order, resolved to create a government so as to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world, and in the knowledge that only those who use their freedom remain free, do adopt and ordain the following Constitution.


Article I.

(1)The Grand Chancellor shall be the head of state of The Independent Order.

(2)All laws and treaties passed by the Senate must be formally signed by the Grand Chancellor to take effect.

(3)The Grand Chancellor shall be responsible for the out of context operation and safety of the declared assets of The Independent Order.

(4)The Grand Chancellor shall be responsible for the timely management of elections.

(5)The Grand Chancellor may not hold another office of the government of the Independent Order.

(6)The Grand Chancellor shall have the authority to pardon convictions and to commute or reduce sentences.

(7)The Grand Chancellor shall be the Commander-in-Chief of the Armed Forces of the Independent Order.


Article II.

(8)All legislative power is hereby vested in the Senate of the Independent Order.

(9)The Senate shall be made up of no less than five (5) and no more than fifteen (15) members, as determined by law, though the number must remain odd.

(10)The term of the Senate shall be forty-five (45) days. To run for the position of Senator, the candidate must demonstrate that they have a nation in The Independent Order. Nominations shall be opened on the thirty-ninth (39th) day of a Senate term, and elections for the Senate shall be held on the forty-third(43th) through the forty-fifth (45th) days.

(11)The Senate shall vote for a speaker from their own ranks upon the commencement of the legislative term. Should the Senate be unable to determine a Speaker from the candidates available after a period of seven (7) days, the Grand Chancellor will appoint one from the nominated candidates in order to allow the Senate to function.

(12)Should the Speaker of the Senate go inactive, defined as not having logged into the forum for five (5) days, he/she shall be deemed to have vacated the office, and the Senate shall elect a new Speaker.

(13) Any proposed bill or act shall be debated in the Senate for no less than seven days, after such time any Senator may move to vote on the bill. If a majority of the Senate supports the motion the Speaker must move the bill to vote within twenty-four hours.

(14)Any act or resolution in the Senate will be considered passed should it achieve fifty (50) percent plus one or more votes in favor of the number of votes possible in the Senate at that time.

(15)Any law or treaty that achieves seventy-five (75) percent or more votes in favor of the number of votes possible in the Senate at that time will automatically bypass the requirement for the Grand Chancellor to sign the law or treaty.

(16)The Senate may determine the rules of its proceedings.

(17)A senator shall automatically vacate his/her seat if he/she fails to log into the forum for more than seven (7) days.

(18)Vacancies in the Senate shall be filled by the Grand Chancellor.

(19)The Senate may overturn a pardon, commutation, or sentence reduction by the Grand Chancellor by a vote of sixty (60) percent.


Article III.

(20)The Premier shall be the head of government of the Independent Order.

(21) The term of the Premier shall be forty-five (45) days. Nominations shall be opened on the thirty-ninth (39th) day of a Senate term, and elections for the Senate shall be held on the forty-third(43th) through the forty-fifth (45th) days. The Premier shall be elected by the members of the Independent Order.

(22)To run for Premier, the candidate must be able to demonstrate that they have had a nation in The Independent Order for a period no less than forty-five (45) days.

(23)Upon election, the Premier shall appoint a Vice Premier, who will act in his absence should the Premier declare a formal leave of absence, or should the Premier fail to log into the forum of The Independent Order for a period of seven (7) days.

(24)The Cabinet shall be made up of at least the following portfolios, the Premier may create and/or abolish other portfolios at his/her discretion;
The Minister of Culture
The Minister of Foreign Affairs
The Minister of Armed Forces

(25)Cabinet positions are appointed by the Premier, at the start of the term, and then upon the resignation of a minister, or the automatic vacancy of a portfolio.

(26)Should a minister fail to log into the forums of The Independent Order for a period of seven (7) days without a declared leave of absence, their portfolio will be deemed vacant.

(27)Both the Premier and Vice Premier will occupy a portfolio themselves.

(28)At the discretion of the Premier a minister may occupy two portfolios.

(29)If a majority of Senators have become inactive, defined as not having logged into the forum for five (5) or more days, the Premier may ask the Grand Chancellor to dissolve the Senate and call new elections. The newly elected Senate shall carry out the remainder of the term of the Senate they replaced, and the next term.

Article IV.

(30)The judicial power of the Independent Order is hereby vested in the High Court.

(31)The High Court will hear cases of criminal and civil prosecution, as well as provide advice on the constitutional legality of any matter brought before it.

(32)The Senate is required to create a criminal code, in order to define what acts are criminal and civil offenses.

(33)Upon the submission of a case to the High Court, the Premier, with the consent of the Senate, will appoint a Judge to oversee the case. The Judge will serve until the case has reached a conclusion. A Judge may be appointed to oversee more than one case.

(34)A Judge shall automatically vacate his/her office if he/she fails to log into the forum for seven days.

(35)If the office of judge is vacated the Premier shall appoint a Judge to fulfill the remainder of the previous judge’s term.

(36)A Judge may not simultaneously hold any other office of the government of the Independent Order.


Article V.

(37)This constitution may be amended with vote of sixty six (66) percent or more votes in favor of the number of votes possible in the Senate at that time, and the signature of the Grand Chancellor.

(38)In the event that this document proves inadequate or incapable of solving a significant issue, the Grand Chancellor, with the consent of the Premier and Senate, will openly consult the population of the region to determine a solution.

Article VI.

(39)All nations that reside within the NationStates region of The Independent Order may consider themselves members of the region.

(40)Nations shall be required to possess a forum account to vote in elections or hold a government office.

(41)Nations that are in the region as diplomats from other regions may not vote in elections or hold a government office.


Article VII.

(42)The previous Charter of the Independent Order is repealed.

(43)This Constitution is the supreme law of the Independent Order.

(44)Following the passage of this Constitution, new elections shall be called for the Senate and Premier by the Grand Chancellor, with nominations lasting four (4) days and elections three (3) days. The Premier, Ministers, and Senators shall retain their positions in a caretaker capacity until the elections are concluded.
Edited by Elpidia, 27th December 2013 - 06:33 PM.
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Beatrice
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Fully support the proposed changes!
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theatom117
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I am fine with the current term length, though you should also give him the power to remove individual senators who have gone inactive.
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"Secret of Politics make a good treaty with Russia" Otto Von Bismarck
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theatom117
27th December 2013 - 08:29 PM
I am fine with the current term length, though you should also give him the power to remove individual senators who have gone inactive.
Individual Senators are automatically removed after 7 days absence.
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theatom117
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Ok nice, so Grand Chancellor fills vacancies shouldn't they also have to be approved by the senate?
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"Secret of Politics make a good treaty with Russia" Otto Von Bismarck
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I shouldn't think so, but perhaps the other Senators would agree.
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Senators, new ones especially, your input is greatly needed. Personally I'd like to pass this new Constitution as soon as possible. But as I stated earlier I'd like to have unanimous support. So if you have any reservations, please let us know so they can be discussed.
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Beatrice
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I think we should be able to move forward in passing the Constitution barring any lingering concerns?
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One last edit, adding a section preserving our already passed laws. I motion the following go to vote (edit highlighted).

Quote:
 
Preamble

We the members of the Independent Order, resolved to create a government so as to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world, and in the knowledge that only those who use their freedom remain free, do adopt and ordain the following Constitution.


Article I.

(1)The Grand Chancellor shall be the head of state of The Independent Order.

(2)All laws and treaties passed by the Senate must be formally signed by the Grand Chancellor to take effect.

(3)The Grand Chancellor shall be responsible for the out of context operation and safety of the declared assets of The Independent Order.

(4)The Grand Chancellor shall be responsible for the timely management of elections.

(5)The Grand Chancellor may not hold another office of the government of the Independent Order.

(6)The Grand Chancellor shall have the authority to pardon convictions and to commute or reduce sentences.

(7)The Grand Chancellor shall be the Commander-in-Chief of the Armed Forces of the Independent Order.


Article II.

(8)All legislative power is hereby vested in the Senate of the Independent Order.

(9)The Senate shall be made up of no less than five (5) and no more than fifteen (15) members, as determined by law, though the number must remain odd.

(10)The term of the Senate shall be forty-five (45) days. To run for the position of Senator, the candidate must demonstrate that they have a nation in The Independent Order. Nominations shall be opened on the thirty-ninth (39th) day of a Senate term, and elections for the Senate shall be held on the forty-third(43th) through the forty-fifth (45th) days.

(11)The Senate shall vote for a speaker from their own ranks upon the commencement of the legislative term. Should the Senate be unable to determine a Speaker from the candidates available after a period of seven (7) days, the Grand Chancellor will appoint one from the nominated candidates in order to allow the Senate to function.

(12)Should the Speaker of the Senate go inactive, defined as not having logged into the forum for five (5) days, he/she shall be deemed to have vacated the office, and the Senate shall elect a new Speaker.

(13) Any proposed bill or act shall be debated in the Senate for no less than seven days, after such time any Senator may move to vote on the bill. If a majority of the Senate supports the motion the Speaker must move the bill to vote within twenty-four hours.

(14)Any act or resolution in the Senate will be considered passed should it achieve fifty (50) percent plus one or more votes in favor of the number of votes possible in the Senate at that time.

(15)Any law or treaty that achieves seventy-five (75) percent or more votes in favor of the number of votes possible in the Senate at that time will automatically bypass the requirement for the Grand Chancellor to sign the law or treaty.

(16)The Senate may determine the rules of its proceedings.

(17)A senator shall automatically vacate his/her seat if he/she fails to log into the forum for more than seven (7) days.

(18)Vacancies in the Senate shall be filled by the Grand Chancellor.

(19)The Senate may overturn a pardon, commutation, or sentence reduction by the Grand Chancellor by a vote of sixty (60) percent.


Article III.

(20)The Premier shall be the head of government of the Independent Order.

(21) The term of the Premier shall be forty-five (45) days. Nominations shall be opened on the thirty-ninth (39th) day of a Senate term, and elections for the Senate shall be held on the forty-third(43th) through the forty-fifth (45th) days. The Premier shall be elected by the members of the Independent Order.

(22)To run for Premier, the candidate must be able to demonstrate that they have had a nation in The Independent Order for a period no less than forty-five (45) days.

(23)Upon election, the Premier shall appoint a Vice Premier, who will act in his absence should the Premier declare a formal leave of absence, or should the Premier fail to log into the forum of The Independent Order for a period of seven (7) days.

(24)The Cabinet shall be made up of at least the following portfolios, the Premier may create and/or abolish other portfolios at his/her discretion;
The Minister of Culture
The Minister of Foreign Affairs
The Minister of Armed Forces

(25)Cabinet positions are appointed by the Premier, at the start of the term, and then upon the resignation of a minister, or the automatic vacancy of a portfolio.

(26)Should a minister fail to log into the forums of The Independent Order for a period of seven (7) days without a declared leave of absence, their portfolio will be deemed vacant.

(27)Both the Premier and Vice Premier will occupy a portfolio themselves.

(28)At the discretion of the Premier a minister may occupy two portfolios.

(29)If a majority of Senators have become inactive, defined as not having logged into the forum for five (5) or more days, the Premier may ask the Grand Chancellor to dissolve the Senate and call new elections. The newly elected Senate shall carry out the remainder of the term of the Senate they replaced, and the next term.

Article IV.

(30)The judicial power of the Independent Order is hereby vested in the High Court.

(31)The High Court will hear cases of criminal and civil prosecution, as well as provide advice on the constitutional legality of any matter brought before it.

(32)The Senate is required to create a criminal code, in order to define what acts are criminal and civil offenses.

(33)Upon the submission of a case to the High Court, the Premier, with the consent of the Senate, will appoint a Judge to oversee the case. The Judge will serve until the case has reached a conclusion. A Judge may be appointed to oversee more than one case.

(34)A Judge shall automatically vacate his/her office if he/she fails to log into the forum for seven days.

(35)If the office of judge is vacated the Premier shall appoint a Judge to fulfill the remainder of the previous judge’s term.

(36)A Judge may not simultaneously hold any other office of the government of the Independent Order.


Article V.

(37)This constitution may be amended with vote of sixty six (66) percent or more votes in favor of the number of votes possible in the Senate at that time, and the signature of the Grand Chancellor.

(38)In the event that this document proves inadequate or incapable of solving a significant issue, the Grand Chancellor, with the consent of the Premier and Senate, will openly consult the population of the region to determine a solution.

Article VI.

(39)All nations that reside within the NationStates region of The Independent Order may consider themselves members of the region.

(40)Nations shall be required to possess a forum account to vote in elections or hold a government office.

(41)Nations that are in the region as diplomats from other regions may not vote in elections or hold a government office.


Article VII.

(42)The previous Charter of the Independent Order is repealed.

(43)This Constitution is the supreme law of the Independent Order.

(44)All laws passed before the passage of this Constitution, and not in conflict with the same, shall continue to be in effect.

(45)Following the passage of this Constitution, new elections shall be called for the Senate and Premier by the Grand Chancellor, with nominations lasting four (4) days and elections three (3) days. The Premier, Ministers, and Senators shall retain their positions in a caretaker capacity until the elections are concluded.
Edited by Elpidia, 2nd January 2014 - 07:06 PM.
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Mavei
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I have no suggestions to improve the Constitution, I also motion.
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I second the motion. :)
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With two seconds the motion carries, the bill will be moved to vote.
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