Force Regional Forum


Amendment 25: The Territorial Reform Act

Renegalle

  • Founder
  • Sr. Member
  • *
    • Posts: 435
    • Karma: +33/-6
    • View Profile
on: June 24, 2020, 02:50:17 am
Amendment 25: The Territorial Reform Act

Purpose: In order to reform the territories to ensure harmony within the Union.

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 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.

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, including recruitment, and 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 D: Types of Law

1. Laws shall exist in a hierarchical manner, so that some are more important than others.

2. Constitutional Law
2.1. This Constitution shall function as the highest level of law.

3. House Law
3.1. The laws passed by the House of Representatives shall function as the second highest level of law and can do anything that does not contradict the Constitution.

4. Executive Law
4.1. Any Executive Actions issued by the Founder or Prime Minister shall have the power to do anything except contradict, amend, or suspend the Constitution or House Law.

5. Cabinet Law
5.1. Any orders issued by the Cabinet. These orders shall have the power to do anything that does not contradict the Constitution, House Law, or Executive Law.

6. Court Law
6.1. These are all official actions of the Court. These official actions constitute handing down a punishment following a guilty verdict, declaring a law to be illegal, and clarifying an existing law.

7. Treaty Law
7.1. This constitutes all official treaties between Force and other regions. This is the lowest level of law.

New Article, Article D: Types of Law

1. Laws shall exist in a hierarchical manner, so that some are more important than others.

2. The Constitution
2.1. This Constitution shall function as the highest level of law.

3. House Law
3.1. The laws passed by the House of Representatives shall function as the second highest level of law and can do anything that does not contradict, amend (except by legal means), or suspend the Constitution.

4. Executive Law
4.1. Any Executive Orders may be issued by the Founder or Prime Minister which shall have the power to do anything except contradict, amend, or suspend the Constitution or House Law. In addition, they may not amend or suspend territorial law, but may contradict it as necessary in accordance with the powers given to them in this Constitution.

5. Treaty Law
5.1. This constitutes all official treaties between the Union and other sovereign governments and ordinances passed through the framework of these treaties. These may not contradict, amend, or suspend the Constitution, House Law, or Executive Law.

6. Territorial Law
6.1. The laws passed by each respective territory shall have the power to do anything within that territory which does not contradict, amend, or suspend the Constitution, House Law, Executive Law, or Treaties.


Existing Article, Article F: The 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 citizens selected at random by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, any citizen currently on trial or that has charges pending, any close personal friends, or any citizen who has served on a jury in the past 3 months.
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 authority to judge the legality of each and every House Bill passed, and provide a public statement on its legality within a week of the bill being passed by the House.
11.1. All three Justices must present their individual verdict in the public statement.
11.2. If they judge a House Bill to be unconstitutional, they must suspend that law, in its entirety, providing a comprehensive legal argument to explain the reasons for its unconstitutionality.
11.3. A simple majority among the justices shall be required to find a law unconstitutional.
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 citizens selected at random by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, any citizen currently on trial or that has charges pending, any close personal friends, or any citizen who has served on a jury in the past 3 months.
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 Territorial Laws. They shall provide a public statement on the legality of each of these laws within a week of their passage. They shall also hold the authority to judge the legality of executive and treaty law, though they are not required to provide statements on their legality.
11.1. All 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.

Existing Article, Article K: Territories

1. Force shall consist of territories, all subject to Force Law.

2. The Capital Territory shall be the seat of the Federal Government and be administered solely by it.
2.1. Force is the only capital territory.

3. States shall exist as semi-sovereign entities. Each of them may form their own governments with power over all matters, besides those of foreign relations and defense. The Federal Government may grant these restricted powers to a State Government at its discretion.
3.1. RGBN and Heart are the only states.

4. Provinces shall exist as semi-sovereign entities. They may be lead by a Governor, appointed by the Founder or Prime Minister, put under direct Federal Government control at the order of the same, or have their own government with whichever powers the Federal Government grants to them.
4.1. The Federal Government may create, integrate, or remove provinces at its discretion.

New Article, Article K: Territories

1. The Union shall consist of territories, all (except military occupations) subject to the Constitution, House Law,  Executive Law (where applicable), and Treaty Law.
1.1. All territories may by law establish courts.
1.1.1. These courts may only try crimes which are illegal in that territory, but not on a federal level. Only the Union High Court may try federal crimes.
1.1.2. Punishments for these crimes must be in line with the Union Constitution and may only remove privileges which exist within that territory and not on a federal level.

2. The Founder may create, remove, annex, combine, or disassociate any territories from the Union, except for the capital territory and states, at their discretion.

3. Territorial classifications (except those defined herein), with differing levels of sovereignty, may be created, modified, or removed at the discretion of the Founder or High Commissioner.
3.1. All territories, except the capital territory and states, may have their classifications modified at the discretion of the Founder. The capital territory and states may only have their classifications modified by an amendment to this Constitution.

4. The Founder may appoint and dismiss, at their discretion, a High Commissioner, who shall be charged with overseeing the affairs of the Union’s territories. This shall include coordinating inter-union functions, tending to any issues that the territories may encounter, and ensuring that the law is upheld within them.
4.1. Each State and any other territories where it is deemed necessary shall have a viceroy, nominated by the High Commissioner and approved by the Founder.
4.2. Each Viceroy shall act as the official Union Representative to that territory, tasked with routinely reporting to the High Commissioner on that territory’s activity, progress, and issues. They shall additionally be responsible for communicating to that territory important messages from the federal government, including the start of different stages in federal elections, voting on amendments, the release of The Force Flyer, and inter-union events.
4.3. Each Viceroy shall be the head of that territory’s military and intelligence forces (if they exist), unless otherwise tasked by order of the Founder or High Commissioner, and must be given access to that territory’s governmental meeting place(s).


5. The Capital Territory shall be the seat of the Federal Government and be administered solely by it.
5.1. Force is the only capital territory.

6. States shall exist as semi-sovereign entities. Each of them may form their own governments with power over all matters, except those concerning foreign relations and defense. The Founder or High Commissioner may grant these restricted powers to a State Government at their discretion.
6.1. RGBN and Heart are the only states.

7. Provinces shall exist as semi-sovereign entities. They may be led by a Governor, appointed by the Founder or Prime Minister, put under direct Federal Government control at the order of the same, or have their own governments with power over all matters, except those concerning foreign relations and defense.
4.1. The Federal Government may create, integrate, or remove provinces at its discretion.

8. Military occupations shall be a special classification of territory where residents shall not hold Union citizenship and where usual laws shall not apply. They shall be subject solely to the orders of the Founder or a Military Governor appointed by the Founder to oversee them.


Empire of Elysium

  • Union House Speaker
  • Jr. Member
  • *
    • Posts: 97
    • Karma: +5/-5
    • View Profile
Reply #1 on: June 24, 2020, 12:04:43 pm
Unanimously passed by the House with one abstain, awaiting vote by the citizens.
I wish I was in the land of cotton, old times there are not forgotten.


Renegalle

  • Founder
  • Sr. Member
  • *
    • Posts: 435
    • Karma: +33/-6
    • View Profile
Reply #2 on: June 29, 2020, 03:52:04 pm
I hereby sign this Amendment to the Constitution into law.