Force Regional Forum


Amendment 14

Renegalle

  • Founder
  • Sr. Member
  • *
    • Posts: 435
    • Karma: +33/-6
    • View Profile
on: April 17, 2020, 08:37:33 pm
Amendment 14: Impeachment & Succession Reform Act

Purpose: To lay out a better defined process for impeachment, to ensure that the reasons for impeachment are fair, to ensure that removal from office makes an office absent, and to reform how succession to the office of Prime Minister occurs.

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, Communications, and Culture.

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, ensuring new members of the Union understand how the government works and know about all the opportunities available to them, and working to improve territories.
2.3. A Minister shall be responsible for publishing The Force Flyer on a monthly basis and producing any other official publications and documents.
2.4. A Minister shall be responsible for creating and running events for citizens of the Union to participate in, continuing old and forging new traditions, and recording the history of the Union.
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 appoint a Deputy Prime Minister to help oversee the Ministries of Foreign Affairs, Internal Affairs, Communications, and Culture.

4.1. The Prime Minister can dismiss the Deputy Prime Minister at any time for any reason.
4.2. If the Prime Minister is impeached or absent as defined by G.3, the Deputy Prime Minister shall assume the position of Acting Prime Minister, which shall encompass all the duties and powers of the Prime Minister.
4.3. 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.

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, communications, and culture.

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, ensuring new members of the Union understand how the government works and know about all the opportunities available to them, and working to improve territories.
2.3. A minister shall be responsible for publishing The Force Flyer on a monthly basis and producing any other official publications and documents.
2.4. A minister shall be responsible for creating and running events for citizens of the Union to participate in, continuing old and forging new traditions, and recording the history of the Union.
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 appoint a Deputy Prime Minister to help oversee the ministries responsible for foreign affairs, internal affairs, communications, and culture.

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.

Existing Article, Article E: The House of Representatives

1. The House shall consist of Representatives from each region in the Union, proportional to the total number of World Assembly members in each region.

2. The total number of seats in the House of Representatives shall be decided at the start of every House election. Each region will be able to elect one Representative for every 5 World Assembly nations they have. If a region does not fill all of its seats in an election, the vacant seats will not be considered absent and thus, not subject to Article G of this Constitution.

3. The House shall hold the power to pass and repeal laws.

4. The House may pass or repeal any of its laws with a simple majority vote by its members in favor of the change.

5. The House may override an Executive Order from the Prime Minister with a 2/3 majority vote by its members in favor of the change.

6. The House may remove the following types of government officials for failing to perform their responsibilities, serious misconduct, or in response to majority support among citizens for impeachment.

6.1. The Prime Minister may be removed with a 2/3 majority vote of the House.
6.2. A Justice may be removed with a 2/3 majority vote of the House.
6.3. Any other government official, with the exception of the Founder, Cabinet Ministers, and House Representatives, may be removed with a simple majority vote of the House.

7. Any member of the House may propose an amendment to this Constitution. Once every member of the House has had the chance to review the Amendment, the Amendment may be seconded and subsequently, sent to vote. If the House votes in favor of it, with a simple majority, it will then be sent to the citizens for a vote, lasting 4 days. If the citizens approve of the amendment with a 2/3 majority, the amendment will be sent to the Founder for approval.

7.1. If the Founder signs the amendment, the Constitution shall be amended and the amendment shall become law. In signing it, the Founder may fix any spelling errors in the passed amendment and that fixed version shall become law.
7.2. If the Founder vetoes it, providing reasoning for their veto, it shall not become law, with no option to override the veto.

New Article, Article E: The House of Representatives

1. The House shall consist of Representatives from each region in the Union, proportional to the total number of World Assembly members in each region.

2. The total number of seats in the House of Representatives shall be decided at the start of every House election. Each region will be able to elect one Representative for every 5 World Assembly nations they have. If a region does not fill all of its seats in an election, the vacant seats will not be considered absent and thus, not subject to Article G of this Constitution.

3. The House shall hold the power to pass and repeal laws.

4. The House may pass or repeal any of its laws with a simple majority vote by its members in favor of the change.

5. The House may override an Executive Order from the Prime Minister with a 2/3 majority vote by its members in favor of the change.

6. The House may hold impeachment proceedings against any government official, except House Representatives, Cabinet Ministers, and the Founder.

6.1. Any House member may initiate impeachment proceedings by writing articles of impeachment specifying the official to be impeached and the reasons for why they are being impeached. If these articles are seconded by another House Representative, they must be put to vote.

6.1.1. The Prime Minister and Justices shall require a 2/3 majority vote of the House to be impeached.
6.1.2. All other government officials, besides those excluded from impeachment in E.6, shall require a simple majority vote to be impeached.

6.2. If the House passes articles of impeachment against any official other than a justice, those Articles of Impeachment shall go to the Justices for a vote on whether the reasons within those articles warrant removal from office. If the Justices vote with a simple majority in favor of removal, the official shall be removed from office.

6.2.1. In considering whether or not the articles warrant removal from office, the Justices must consider all factors: the specific circumstances, the opinion of the public on whether that official should be removed, and any other factors brought up in or related to the Articles of Impeachment. If the impeachment was for reasons other than breaking the law, the Justices must only consider those factors and not whether a law was broken, in choosing whether the official should be removed. Once they have come to a decision, the Chief Justice must write a detailed explanation of why they believe the official should or should not be removed from office.

6.3. If the House passes articles of impeachment against a justice, then those Articles of Impeachment shall go to the citizens for a vote on whether the reasons within those articles warrant removal from office. If the citizens vote with a simple majority in favor of removal, the Justice shall be removed from office.

7. Any member of the House may propose an amendment to this Constitution. Once every member of the House has had the chance to review the Amendment, the Amendment may be seconded and subsequently, sent to vote. If the House votes in favor of it, with a simple majority, it will then be sent to the citizens for a vote, lasting 4 days. If the citizens approve of the amendment with a 2/3 majority, the amendment will be sent to the Founder for approval.

7.1. If the Founder signs the amendment, the Constitution shall be amended and the amendment shall become law. In signing it, the Founder may fix any spelling errors in the passed amendment and that fixed version shall become law.
7.2. If the Founder vetoes it, providing reasoning for their veto, it shall not become law, with no option to override the veto.

Existing Article, Article G: Absences

1. In the case of an absence of the Prime Minister, a House Representative, or a member of the Court, an emergency election must be held if the next election for that position is more than one month away. Otherwise the Founder must appoint a replacement within 3 days.

2. In the case of an absence in the Cabinet, the Prime Minister must appoint a replacement within 7 days.

3. An absence is defined as an event in which the government official in question has not spoken or actively performed their duties on the NationStates website, Force forums, or Force Discord server in at least 1 week or where that official has resigned from office.

4. If a government official anticipates an absence this long, in order to keep their job, prior to the absence they must provide reasonable cause for it and designate another official in their area of government to take on their responsibilities. This shall not apply to the House of Representatives, who is subject to clause 3, regardless of the circumstances.

New Article, Article G: Absences and Succession

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 keep their position, prior to the absence they must provide reasonable cause for it and designate another official in their area of government to take on their responsibilities. This shall not apply to the House of Representatives or Court, who are subject to G.2, regardless of the circumstances.

1.3. The office holder has resigned.
1.4. The office holder has been removed from office.

2. In the case of an absence in the office of Prime Minister, the Deputy Prime Minister shall assume the position of Prime Minister. If there is no Deputy Prime Minister, or the Deputy Prime Minister chooses to not take the office, the Speaker of the House will become Prime Minister.

2.1. In the case of there being no Speaker of the House or them choosing not to take the office, the matter shall go to the House, who shall be responsible for choosing a new Prime Minister.
2.2. 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.

2.2.1. 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.

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

3. In the case of an absence of a House Representative or a member of the Court, an emergency election, following the same rules as a regular election, must be held if the next election for that position is more than one month away. Otherwise the Founder must appoint a replacement within 5 days.

4. In the case of an absence in the Cabinet, the Prime Minister must appoint a replacement within 7 days.


[Edited to comply with HB28 clause 3]
« Last Edit: April 30, 2020, 11:31:38 pm by Renegalle »


Libertatis Regalis

  • Guest
Reply #1 on: April 24, 2020, 05:23:54 pm
This amendment has passed the House and is now awaiting voting from the region

Voting record
For
Sir Libertatis Regalis
Sir Lashnakia
Greatest Elysium
A Place Where Furries Are
Against
Lotria
Western Chosetus
No Vote


Renegalle

  • Founder
  • Sr. Member
  • *
    • Posts: 435
    • Karma: +33/-6
    • View Profile
Reply #2 on: April 30, 2020, 11:31:55 pm
I hereby sign this Amendment to the Constitution into law.