Southeastern Inititiative #2

[Niles Caulder]

As a citizen of the fine Southeast Region, I find this a worthy and timely avenue of legal refinement.  While I have yet to give the details the full attention it deserves, I applaud this draft being submitted for public review.  Let's all take advantage of this opportunity to advance Regional Constitutions to the quality our citizenry deserves.  The rest of the nation will be looking at this endeavor for guidance when their time comes.

[Niles Caulder]

I have some issues to pose regarding the constitutional changes:

Of course first and foremost is the popular affirmation of the Magistrate.  If the nominations are going to face direct democratic review anyway, might we not just simplify the matter and have them be elected positions?  Conversly, we can have the magistrate be an appointed position at the discretion of the Governor at the beginning of his/her term.

Perhaps the Magistrate Office can be an expansion of the "ticket" idea, someone whom a gubernatorial candidate officially signifies as his 'judicial running mate'?

Also, since we're editting the constitution...the contraction "Y'all" needs an apostrophe.

[Niles Caulder]

point taken.  Given the term would expire along with the governor's--the force of separation would be quite muted.  A seperate official election would do the trick.

[Niles Caulder]

OK, I'm just going to throw this out, and rapidly duck under a table before the vegitables start flying.

"Regional Legislation"  ?


[tosses over table and hunkers down]

[Niles Caulder]

OK, I see it now.  The Consitution accomodates the issue.  The numbering is off, however in that "5" is utilized twice.  let's fix that as well.

[Niles Caulder]

§ 4. The follwing section 11 shall be added to Article I:
"11. The Governor may nominate a Magistrate subject to approval by the majority of voters at the next election at which an initiative could be voted on."

I'm still feeling nebulous about this.  Does this mean following every gubernatorial election there will be a subsequent election to confirm/reject the Magistrate nominee?  If so, I think that's cumbersome.  My suggestion would be either:

a) Have the office of Magistrate be an outright appointed position of a two month term, subject to dismissal only by popular recall,
or,
b) Have the office of Magistrate be an elected position, perhaps at intervals alternating that of the Governor's seat.

[Niles Caulder]

I see what you're saying.  Yeah, it is novel!  I like it better than both of my suggestions.

So long as I'm correct in thinking that a governor's ability to propose initiatives for public vote are presented at the next regular election cycle, I think your language is legally adequate to engender the system you described.

We still need to put an apostrophe in "Y'all."

And I am officially supporting this initiative.

[Niles Caulder]

At present, inititiatives are held concurrently with gubernatorial elections.  Given the volume of inititive I have in mind, I'm thinking of proposing an initiative that would make initiative elections monthly so that our "legislature" can have ther say more often.  In months with gubernatorial elections, initiatives would still be held concurently, and of course recalls and other special elections can be held at any time.

I find that amenable, but it then begs the question of whether a Governor should be permitted the opportunity to nominate a Magistrate twice per term?  I'm inclined to steer clear of that privilege.

[Niles Caulder]

Point taken.  I say lift anchor; this looks seaworthy.