Force Regional Forum


Amendment X: Appointment Transparency Act

Battadia1

  • Justices
  • Newbie
  • **
    • Posts: 39
    • Karma: +3/-0
  • Words. These are words on the side.
    • View Profile
on: June 17, 2021, 06:23:51 pm
Amendment X: Appointment Transparency Act
Author: Battadia

Purpose: To create greater transparency in the appointment process when executed by the Founder, Prime Minister, or Cabinet.

Existing Article:
Article C: The Cabinet

1. The Founder of Force shall be the Union's head of state and the Prime Minister of Force shall be the Union's head of government.

1.1. The Founder shall be responsible for maintaining stability, overseeing the Cabinet, and stepping in to lead the Cabinet should the need arise.
1.2. The Prime Minister shall be responsible for actively leading the Union and Cabinet.

2. The Prime Minister shall appoint the Cabinet and have the power to remove any of its members, except for the Founder. They shall be responsible for, at minimum, appointing ministers charged with foreign affairs, internal affairs, media and culture, and roleplay.

2.1. A minister shall be responsible for maintaining existing diplomatic relationships and forging new ones, overseeing the signing of treaties, and ensuring The Force Flyer is distributed to all of them.
2.2. A minister shall be responsible for overseeing domestic matters, including Union recruitment, ensuring new members of the Union understand how the government works and all opportunities available to them, as well as producing any official publications and documents.
2.3. A minister shall be responsible for publishing The Force Flyer on a monthly basis, creating and running events for citizens of the Union to participate in, recording the history of the Union, and continuing old and forging new traditions.
2.4. A minister shall be responsible for managing the Union roleplay.
2.5. All members of the Cabinet may appoint deputies to assist them in their duties. If any deputy is delegated power or responsibilities through the administration of a formal oath affirming this, they shall be considered a government official.

3. Any military or intelligence forces within the Union shall be considered under the supreme command and authority of the Founder and Prime Minister.
4. The Prime Minister can nominate a Deputy Prime Minister to help oversee the ministries. The House of Representatives shall be presented with that nominee and must hold a vote lasting three days, until all House Representatives have voted, or until a majority of House members have approved or rejected the nominee. If the nominee is rejected, the Prime Minister may present a new nominee and restart the process.

4.1. The Prime Minister can dismiss the Deputy Prime Minister at any time for any reason.
4.2. The Prime Minister is held accountable for the Deputy Prime Minister's actions, and thus the Deputy Prime Minister is expected to be as professional as the Prime Minister.

5. The Prime Minister shall not have the authority to appoint a non-citizen to a cabinet position or otherwise.

New Article:
Article C: The Cabinet

1. The Founder of Force shall be the Union's head of state and the Prime Minister of Force shall be the Union's head of government.

1.1. The Founder shall be responsible for maintaining stability, overseeing the Cabinet, and stepping in to lead the Cabinet should the need arise.
1.2. The Prime Minister shall be responsible for actively leading the Union and Cabinet.

2. The Prime Minister shall appoint the Cabinet and have the power to remove any of its members, except for the Founder. They shall be responsible for, at minimum, appointing ministers charged with foreign affairs, internal affairs, media and culture, and roleplay.

2.1. A minister shall be responsible for maintaining existing diplomatic relationships and forging new ones, overseeing the signing of treaties, and ensuring The Force Flyer is distributed to all of them.
2.2. A minister shall be responsible for overseeing domestic matters, including Union recruitment, ensuring new members of the Union understand how the government works and all opportunities available to them, as well as producing any official publications and documents.
2.3. A minister shall be responsible for publishing The Force Flyer on a monthly basis, creating and running events for citizens of the Union to participate in, recording the history of the Union, and continuing old and forging new traditions.
2.4. A minister shall be responsible for managing the Union roleplay.
2.5. All members of the Cabinet may appoint deputies to assist them in their duties. If any deputy is delegated power or responsibilities through the administration of a formal oath affirming this, they shall be considered a government official.

3. Any military or intelligence forces within the Union shall be considered under the supreme command and authority of the Founder and Prime Minister.
4. The Prime Minister can nominate a Deputy Prime Minister to help oversee the ministries. The House of Representatives shall be presented with that nominee and must hold a vote lasting three days, until all House Representatives have voted, or until a majority of House members have approved or rejected the nominee. If the nominee is rejected, the Prime Minister may present a new nominee and restart the process.

4.1. The Prime Minister can dismiss the Deputy Prime Minister at any time for any reason.
4.2. The Prime Minister is held accountable for the Deputy Prime Minister's actions, and thus the Deputy Prime Minister is expected to be as professional as the Prime Minister.

5. The Prime Minister shall not have the authority to appoint a non-citizen to a cabinet position or otherwise.
6. The appointment process must be open to public scrutiny, with the list of candidates considered being available for the general public to consume.

6.1. In the event of candidates refusing the appointment, their reason for refusal must be given as well, except if it is refused for personal reasons.

Existing Article:
Article F: The High Court

1. The Court shall consist of three or five justices.
2. At the beginning of each elected term, the Justices shall elect from among themselves a Chief Justice, who shall be responsible for ensuring that all responsibilities of the Court are upheld.
3. Any citizen may bring a case before the Court. The Justices collectively shall hold the responsibility of deciding whether or not to hear the case. They may only deny a case if it accuses the defendant of an action which is not illegal under any law or statute which applies to them in the Union or which has been found legal by precedent of another case that, except for those involved, was identical.

3.1. If a case brought to the Court indicts a justice, that justice must recuse themselves from involvement in all stages of that case. The Founder must appoint a special justice to temporarily fulfill their role for that case.

4. If the case shall be heard, the defendant is required to enter a plea of guilt, innocence, or no contest within a week of the case's acceptance.

4.1. A plea of guilt will skip a trial and move directly to sentencing.
4.2. A plea of innocence shall move forward with a trial.
4.3. A plea of no contest means that you do not admit guilt or innocence. The case will move before the justices for sentencing.

5. Each case in which a plea of not guilty was entered into the record shall be heard by a jury of 3 impartial citizens selected by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, or any citizen currently on trial or that has charges pending.
6. A maximum of two court cases may be heard at one time, based upon the seriousness of the accusation(s). A queue shall be created if more than two cases are pending.
7. The Chief Justice shall oversee all trials except in the case of clause 3.1, in this case the Court may nominate any other justice not indicted or involved to lead the trial. Each trial shall consist of three stages: opening statements, witness testimony and/or the presentation of evidence, and closing arguments. The trial must be accessible for viewership by all citizens.

7.1. Opening statements shall consist of statements by both the plaintiff and the defendant presenting their respective arguments and an overview, from their perspectives, of the case at hand.
7.2. Witness testimony shall consist of bringing in outside individuals with firsthand knowledge of the alleged wrongdoing or lack thereof to testify. The presentation of evidence shall consist of the presentation of evidence to justify or refute the case at hand. Both the plaintiff and the defendant may choose to bring people or evidence forth for this stage.
7.3. Closing arguments shall consist of arguments by both the plaintiff and the defendant to reiterate their arguments. This may include refuting the testimony of witnesses or evidence from the previous stage. The defendant shall be entitled to deliver the last closing argument. Once closing arguments have concluded, the case shall move to the jury for deliberation.

8. The Jury shall have 3 days to determine, with a simple majority, whether the defendant is guilty or innocent. If they are considering voting guilty, a jury member must ensure that they have no reasonable doubt about that guilt before voting. Alongside their vote, they must provide fair reasoning for their decision.
9. The Justices collectively shall hold the responsibility of handing out a punishment to a defendant if they are found guilty or plead no contest.

9.1. Unanimous consensus among the justices (not including a recused justice, if there is one) shall be required to select a punishment for the guilty party. The Chief Justice must ensure consensus is reached on an appropriate punishment within 3 days of the guilty verdict. If a unanimous consensus cannot be reached after 3 days, a majority in favor shall suffice.
9.2. The punishment must be fair and appropriate for the crime committed, as outlined in Article J.

10. Any person convicted of a crime may petition the Court for a new trial based on new evidence.

10.1. On appeal, the Founder will appoint a special team of 3 justices to oversee the trial. This special team shall operate under the normal rules for a trial.
10.2. No jury member who served in the original trial shall be allowed to participate in a new trial.

11. The Justices shall hold the sole authority to judge the legality of all House Laws (excluding Constitutional amendments) and State or Territorial Constitutions (or the equivalents thereof) and amendments to the aforementioned. They shall also hold the authority to judge the legality of executive, treaty, and other State or Territorial laws, though they are not required to do so. For every law they review:

11.1. All three Justices must present their individual verdict in a public statement.
11.2. A simple majority among the justices shall be required to find a law unconstitutional.
11.3. If they judge a law to be unconstitutional, they must suspend it, in its entirety, providing a comprehensive legal argument to explain the reasons for its unconstitutionality.

12. The Prime Minister may issue a pardon to anyone convicted of a crime, effectively canceling that person's sentence, provided that the person is not themselves, a close friend of theirs, or an associate in government. They may only issue a pardon once per term.

New Article:
Article F: The High Court

1. The Court shall consist of three or five justices.
2. At the beginning of each elected term, the Justices shall elect from among themselves a Chief Justice, who shall be responsible for ensuring that all responsibilities of the Court are upheld.
3. Any citizen may bring a case before the Court. The Justices collectively shall hold the responsibility of deciding whether or not to hear the case. They may only deny a case if it accuses the defendant of an action which is not illegal under any law or statute which applies to them in the Union or which has been found legal by precedent of another case that, except for those involved, was identical.

3.1. If a case brought to the Court indicts a justice, that justice must recuse themselves from involvement in all stages of that case. The Founder must appoint a special justice to temporarily fulfill their role for that case.

4. If the case shall be heard, the defendant is required to enter a plea of guilt, innocence, or no contest within a week of the case's acceptance.

4.1. A plea of guilt will skip a trial and move directly to sentencing.
4.2. A plea of innocence shall move forward with a trial.
4.3. A plea of no contest means that you do not admit guilt or innocence. The case will move before the justices for sentencing.

5. Each case in which a plea of not guilty was entered into the record shall be heard by a jury of 3 impartial citizens selected by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, or any citizen currently on trial or that has charges pending.
6. A maximum of two court cases may be heard at one time, based upon the seriousness of the accusation(s). A queue shall be created if more than two cases are pending.
7. The Chief Justice shall oversee all trials except in the case of clause 3.1, in this case the Court may nominate any other justice not indicted or involved to lead the trial. Each trial shall consist of three stages: opening statements, witness testimony and/or the presentation of evidence, and closing arguments. The trial must be accessible for viewership by all citizens.

7.1. Opening statements shall consist of statements by both the plaintiff and the defendant presenting their respective arguments and an overview, from their perspectives, of the case at hand.
7.2. Witness testimony shall consist of bringing in outside individuals with firsthand knowledge of the alleged wrongdoing or lack thereof to testify. The presentation of evidence shall consist of the presentation of evidence to justify or refute the case at hand. Both the plaintiff and the defendant may choose to bring people or evidence forth for this stage.
7.3. Closing arguments shall consist of arguments by both the plaintiff and the defendant to reiterate their arguments. This may include refuting the testimony of witnesses or evidence from the previous stage. The defendant shall be entitled to deliver the last closing argument. Once closing arguments have concluded, the case shall move to the jury for deliberation.

8. The Jury shall have 3 days to determine, with a simple majority, whether the defendant is guilty or innocent. If they are considering voting guilty, a jury member must ensure that they have no reasonable doubt about that guilt before voting. Alongside their vote, they must provide fair reasoning for their decision.
9. The Justices collectively shall hold the responsibility of handing out a punishment to a defendant if they are found guilty or plead no contest.

9.1. Unanimous consensus among the justices (not including a recused justice, if there is one) shall be required to select a punishment for the guilty party. The Chief Justice must ensure consensus is reached on an appropriate punishment within 3 days of the guilty verdict. If a unanimous consensus cannot be reached after 3 days, a majority in favor shall suffice.
9.2. The punishment must be fair and appropriate for the crime committed, as outlined in Article J.

10. Any person convicted of a crime may petition the Court for a new trial based on new evidence.

10.1. On appeal, the Founder will appoint a special team of 3 justices to oversee the trial. This special team shall operate under the normal rules for a trial.
10.2. No jury member who served in the original trial shall be allowed to participate in a new trial.

11. The Justices shall hold the sole authority to judge the legality of all House Laws (excluding Constitutional amendments) and State or Territorial Constitutions (or the equivalents thereof) and amendments to the aforementioned. They shall also hold the authority to judge the legality of executive, treaty, and other State or Territorial laws, though they are not required to do so. For every law they review:

11.1. All three Justices must present their individual verdict in a public statement.
11.2. A simple majority among the justices shall be required to find a law unconstitutional.
11.3. If they judge a law to be unconstitutional, they must suspend it, in its entirety, providing a comprehensive legal argument to explain the reasons for its unconstitutionality.

12. The Prime Minister may issue a pardon to anyone convicted of a crime, effectively canceling that person's sentence, provided that the person is not themselves, a close friend of theirs, or an associate in government. They may only issue a pardon once per term.
13. The appointment process must be open to public scrutiny, with the list of candidates considered being available for the general public to consume.

13.1. In the event of candidates refusing the appointment, their reason for refusal must be given as well, except if it is refused for personal reasons.

Existing Article:
Article G: Absences

1. A government office is considered absent when:

1.1. The office holder has lost citizenship.
1.2. The office holder has not spoken or performed their duties on the NationStates website, Force forums, or Force Discord server in at least 1 week.

1.2.1. If a government official anticipates an absence this long, in order to maintain their position, they must provide reasonable cause for it prior to the absence and designate another official in their area of government to take on their responsibilities. This shall not apply to the Court, whose members are subject to G.6, regardless of the circumstances.

1.2.1.1. A House Representative may take a leave of absence of up to one week and retain their job. However, they may not designate another official to take on their responsibilities, and must notify the Speaker of the House prior to their absence with reasoning for said absence.

1.3. The office holder has resigned.
1.4. The office holder has been removed from office.
1.5. The office was left absent following an election.

2. In addition to the above conditions, an office in the House of Representatives shall be considered absent when:

2.1. The nation with which the office holder was elected is no longer present in the region.

3. In the case of an absence in the office of Prime Minister, the Deputy Prime Minister shall assume the position of Prime Minister.

3.1. In the case that there is no Deputy Prime Minister or them choosing not to take the office of Prime Minister, the matter shall go to the House, who shall be responsible for choosing a new Prime Minister.
3.2. Any House Representative may nominate a member of the Cabinet or House for Prime Minister, provided that the nominee has agreed to their nomination. Both the nominations period and the subsequent vote shall last for 24 hours. The nominee with a majority of the vote shall become Prime Minister.

3.2.1. If no nominee receives a majority of the vote, a second vote shall be held in which only the two nominees with the highest vote totals remain. The nominee who receives a majority of the vote after 24 hours shall become Prime Minister.

3.3. If no nominations are made, an emergency election, following the same rules as a regular election, must be held.

4. In the case of an absence in the Cabinet, the Prime Minister must appoint a replacement within 7 days.
5. If all seats in the House of Representatives are vacant, an emergency election, following the same rules as a regular election, must be held if the next election for it is more than one month away.
6. In the case of an absence in the Court, the Founder must appoint a replacement within 5 days or choose to hold an emergency election for the position.
7. In the case of any other absence, unless otherwise specified by law, the office shall be considered vacant and no further action shall be taken.

New Article:
Article G: Absences

1. A government office is considered absent when:

1.1. The office holder has lost citizenship.
1.2. The office holder has not spoken or performed their duties on the NationStates website, Force forums, or Force Discord server in at least 1 week.

1.2.1. If a government official anticipates an absence this long, in order to maintain their position, they must provide reasonable cause for it prior to the absence and designate another official in their area of government to take on their responsibilities. This shall not apply to the Court, whose members are subject to G.6, regardless of the circumstances.

1.2.1.1. A House Representative may take a leave of absence of up to one week and retain their job. However, they may not designate another official to take on their responsibilities, and must notify the Speaker of the House prior to their absence with reasoning for said absence.

1.3. The office holder has resigned.
1.4. The office holder has been removed from office.
1.5. The office was left absent following an election.

2. In addition to the above conditions, an office in the House of Representatives shall be considered absent when:

2.1. The nation with which the office holder was elected is no longer present in the region.

3. In the case of an absence in the office of Prime Minister, the Deputy Prime Minister shall assume the position of Prime Minister.

3.1. In the case that there is no Deputy Prime Minister or them choosing not to take the office of Prime Minister, the matter shall go to the House, who shall be responsible for choosing a new Prime Minister.
3.2. Any House Representative may nominate a member of the Cabinet or House for Prime Minister, provided that the nominee has agreed to their nomination. Both the nominations period and the subsequent vote shall last for 24 hours. The nominee with a majority of the vote shall become Prime Minister.

3.2.1. If no nominee receives a majority of the vote, a second vote shall be held in which only the two nominees with the highest vote totals remain. The nominee who receives a majority of the vote after 24 hours shall become Prime Minister.

3.3. If no nominations are made, an emergency election, following the same rules as a regular election, must be held.

4. In the case of an absence in the Cabinet, the Prime Minister must appoint a replacement within 7 days.
5. If all seats in the House of Representatives are vacant, an emergency election, following the same rules as a regular election, must be held if the next election for it is more than one month away.
6. In the case of an absence in the Court, the Founder must appoint a replacement within 5 days or choose to hold an emergency election for the position.
7. In the case of any other absence, unless otherwise specified by law, the office shall be considered vacant and no further action shall be taken.
8. The appointment process must be open to public scrutiny, with the list of candidates considered being available for the general public to consume.

8.1. In the event of candidates refusing the appointment, their reason for refusal must be given as well, except if it is refused for personal reasons.
Hello person.