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Amendment 42: Miscellaneous Reforms Act

Offline Tigslarlowducken

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on: November 13, 2021, 10:01:55 pm
Amendment 42: Miscellaneous Reforms Act
Purpose: To prevent noncitizens from holding government office, to assign a term to temporary Justices, and to prevent any one individual from serving as the head of more than one branch of government.
Author(s): Tigslarlowducken

Existing Section: Article B: Rights of Citizenship

1. The right to freedom of speech and free expression of political views.

1.1. This right shall not allow citizens to circumvent rules put in place on any offsite venue, as long as these rules are solely for the prevention of spam, flaming, impersonation, doxxing, harassment, to comply with a platform's terms of service, or similar.

1.1.1. Doxxing is defined as publishing private or identifying information about an individual without their consent.
1.1.2. Harassment is defined as repeated or continuing contact serving no useful purpose except to create alarm, annoyance, or cause emotional distress.
1.1.3. Impersonation is defined as deliberately attempting to mislead people to believe that you are a government official or a person who is a candidate for elected office.

1.2. Government officials shall be subject to restrictions on this right as it pertains to the release of information which if released, could threaten the safety and security of the Union.

2. The right to freedom of the press.
3. The right to protest freely and petition the government for the redress of any grievances.
4. The right to a fair trial.
5. The right to run for government office.

5.1. If a candidate in any election fails to answer all questions asked to them by the Founder or Speaker of the House within the debate period, they shall be disqualified from that election.

6. No citizen shall have to answer for a crime committed prior to that act being made criminal.
7. No citizen shall be forced into military or government service without their clear consent.

New Section: Article B: Rights of Citizenship

1. The right to freedom of speech and free expression of political views.

1.1. This right shall not allow citizens to circumvent rules put in place on any offsite venue, as long as these rules are solely for the prevention of spam, flaming, impersonation, doxxing, harassment, to comply with a platform's terms of service, or similar.

1.1.1. Doxxing is defined as publishing private or identifying information about an individual without their consent.
1.1.2. Harassment is defined as repeated or continuing contact serving no useful purpose except to create alarm, annoyance, or cause emotional distress.
1.1.3. Impersonation is defined as deliberately attempting to mislead people to believe that you are a government official or a person who is a candidate for elected office.

1.2. Government officials shall be subject to restrictions on this right as it pertains to the release of information which if released, could threaten the safety and security of the Union.

2. The right to freedom of the press.
3. The right to protest freely and petition the government for the redress of any grievances.
4. The right to a fair trial.
5. The right to run for government office.

5.1. If a candidate in any election fails to answer all questions asked to them by the Founder or Speaker of the House within the debate period, they shall be disqualified from that election.

5.2. No individual may hold any of the following positions simultaneously, except during a state of emergency:
5.2.1. Founder
5.2.2. Prime Minister
5.2.3. Chief Justice
5.2.4. Speaker of the House

5.3. Non-citizens may not hold any government office.


6. No citizen shall have to answer for a crime committed prior to that act being made criminal.
7. No citizen shall be forced into military or government service without their clear consent.

Existing Article: Article F: The High Court

1. The Court shall consist of three justices.
2. Following each general election, 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. Where a justice is the plaintiff or defendant in a case brought before the Court, that justice must recuse themselves from all involvement, except in the capacity of plaintiff or defendant. The Founder must then appoint a special justice to carry out their judicial duties for that case.

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

4.1. A plea of guilt or no-contest will skip a trial and move directly to sentencing.
4.2. A plea of innocence shall move forward with a trial.

5. Each case in which a plea of innocence was entered into the record shall be heard by a jury of three impartial citizens selected by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, and any citizen currently on trial or who 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, unless they must recuse themselves. If this occurs, the Court may nominate any other justice who is neither indicted nor 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 three 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 any recused justice(s), if applicable) shall be required to select a punishment for the guilty party. The Chief Justice must ensure consensus is reached on an appropriate punishment within three days of the guilty verdict. If a unanimous consensus cannot be reached by this deadline, 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 retrial based on new evidence or judicial precedent.

10.1. On appeal, the Founder will appoint a special appellate court of three justices to oversee the trial. The appellate court shall operate under established trial procedure.
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 constitutionality of federal (excluding the Constitution) law and state/territorial constitutions, per the hierarchy established in Article D. The High Court is the supreme authority on state/territorial law. For every law they review:

11.1. Majority and, if applicable, dissenting opinions on its legality shall be made public.
11.2. Each such opinion must provide comprehensive reasoning for its findings. If the majority opinion rules a law unconstitutional, that law shall be suspended in its entirety. State and territorial constitutions do not need to be suspended in their entirety; the majority opinion must specify which sections of the law are to be suspended.

12. The Court may issue writs of certiorari by a majority vote, which mandate that a lower court deliver its records on a case so that the High Court may review and rule on it. For retrials, the Court shall use established trial procedure.
13. The Court may issue subpoenas by majority vote.

13.1. When a subpoena involves government documents, the documents must be provided to the Court within three days.
13.2. When a subpoena involves an individual, that individual must appear before the Court and submit testimony within one week of the subpoena being issued.

New Article: Article F: The High Court

1. The Court shall consist of three justices.
2. Following each general election, 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. Where a justice is the plaintiff or defendant in a case brought before the Court, that justice must recuse themselves from all involvement, except in the capacity of plaintiff or defendant. The Founder must then appoint a special justice, to be referred to as an Arbiter pro Tempore, to carry out their judicial duties for that case.

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

4.1. A plea of guilt or no-contest will skip a trial and move directly to sentencing.
4.2. A plea of innocence shall move forward with a trial.

5. Each case in which a plea of innocence was entered into the record shall be heard by a jury of three impartial citizens selected by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, and any citizen currently on trial or who 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, unless they must recuse themselves. If this occurs, the Court may nominate any other justice who is neither indicted nor 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 three 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 any recused justice(s), if applicable) shall be required to select a punishment for the guilty party. The Chief Justice must ensure consensus is reached on an appropriate punishment within three days of the guilty verdict. If a unanimous consensus cannot be reached by this deadline, 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 retrial based on new evidence or judicial precedent.

10.1. On appeal, the Founder will appoint a special appellate court of three justices to oversee the trial. The appellate court shall operate under established trial procedure. Members of the appellate court shall be referred to by the title Arbiter pro Tempore.
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 constitutionality of federal (excluding the Constitution) law and state/territorial constitutions, per the hierarchy established in Article D. The High Court is the supreme authority on state/territorial law. For every law they review:

11.1. Majority and, if applicable, dissenting opinions on its legality shall be made public.
11.2. Each such opinion must provide comprehensive reasoning for its findings. If the majority opinion rules a law unconstitutional, that law shall be suspended in its entirety. State and territorial constitutions do not need to be suspended in their entirety; the majority opinion must specify which sections of the law are to be suspended.

12. The Court may issue writs of certiorari by a majority vote, which mandate that a lower court deliver its records on a case so that the High Court may review and rule on it. For retrials, the Court shall use established trial procedure.
13. The Court may issue subpoenas by majority vote.

13.1. When a subpoena involves government documents, the documents must be provided to the Court within three days.
13.2. When a subpoena involves an individual, that individual must appear before the Court and submit testimony within one week of the subpoena being issued.
« Last Edit: December 23, 2021, 07:02:41 am by Renegalle »
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Offline Sir Salibaic

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Reply #1 on: December 23, 2021, 04:09:09 pm
The Scottish Republic - Aye
Tigslarlowducken - Aye
Sidervida - Aye
Sumeka - Aye
Aerien - Aye
Caribou Island - Abstain
Empire of Elysium - Aye
Epic Super Bros - Aye
Illyrus - Aye
West Kronisia - Aye
Unified Columbia - Aye
Neo-Caduceo - Aye
Suter - Aye
Spadnorth - Aye
Battadia in Hyperion - Aye
New Glaceon - Aye
New Waltonburg - Aye
Memkeria - Aye
Bertilistan - Aye
Qwertyuiopasdfghjklzxcvbnm 1234567890- - Aye

17 Ayes, 0 Nays, 1 Abstain


Offline Renegalle

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Reply #2 on: December 26, 2021, 01:09:57 am