Debate: New Northeast Constitution

[Hatman 🍁]

My last act as governor will be to put this  up for a vote next weekend. Please debate this by suggesting improvments, additions, subtractions, etc.

[PART I]

We the People of the Northeast, by acknowledging the right of governance for our granted territory establish a new Constitution in which to advance civil ordinance and individual opportunity for ourselves and our posterity.

The Constitution of the Northeast Region is the supreme law of the region, second only to the Constitution of the Republic of Atlasia

TERRITORY

The following states of the Republic of Atlasia together shall form the Northeast Region

i) Connecticut
ii)Delaware
iii) Maine
iv) Massachusetts
v) New Hampshire
vi) New Jersey
vii) New York
viii) Pennsylvania
ix) Rhode Island
x)Vermont

The administrative, judicial and executive seat of the Northeast Region shall be located in the City of New York.

SYMBOLS

The Northeast Regions shall have a set of symbols enshrined to represent the region:

i)  The flag of the Northeast Region shall be a golden silhouette of the map of the region set on a navy background, encircled by 10 white five pointed stars trimmed with gold.

ii) The great seal of the Northeast Region shall be a navy circle with a golden border, separated from the navy by a thin white line. The navy field shall consist of a golden silhouette of the map of the region. In the centre of the seal, there shall be a five pointed white star trimmed with a navy border and within it trimmed with a golden border. On the upper left hand side of the seal shall be the words "Great Seal of the" followed by "Northeast" in the lower right hand side written in white.

iii) The motto of the Northeast Region hall be "fax mentis est incedium gloriae" (the passion of glory is the torch of the mind)

iv) The official bird of the Northeast Region shall be the black capped chickadee

v) The official flower of the Northeast region shall be the Mountain laurel

BILL OF RIGHTS

The people of the Northeast have born unto them certain inalienable rights that shall be protected by law;

i) Freedom of Speech

All persons of the Northeast are bound to their free expression of their ideas and thoughts. No laws shall be passed regulating or restraining the freedom of the press.  However, the right is only inalienable until it is disqualified by its prevention of one's other rights. 

ii) Equality

All persons of the Northeast are born equal, and shall be treated as so, no matter their age, gender, race, religion, disability, economic status or sexual orientation. No government institution may favour one group over another physical constraints excepting.

iii) Right to Life

All persons have the right to control their lives from moment they are born, to the moment when they die, or choose to die. They are bound with inalienable liberties, to live their life as they choose, in condition that it does not conflict with others attempt to do the same. The government must maintain peace, order and good governance to maintain these rights.

iv) Democracy

The people of the Northeast live in a democracy, and therefore all citizens shall be granted the right to vote no matter their age, gender, race, religion, disability, economic status or sexual orientation. All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness requires it.

v)  Rights of the Accused

In all criminal prosecutions, the accused shall have a right to be heard by the accused and the legal counsel to the accused, or either, at the election of the accused; To demand the nature and cause of the accusation, and have a copy thereof; To be confronted by the witnesses against the accused; To have compulsory process for obtaining witnesses in favour of the accused; To have a speedy, public and impartial trial, and, except in trials of impeachment, by a jury of the vicinity. The accused shall not be compelled to furnish or give evidence against himself or herself, nor be deprived of life, liberty, property or privileges, but by judgment of that person's peers or the law of the land.  In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practiced; the party claiming the right may be heard by himself or herself and with counsel, or either, at the election of the party.


GOVERNMENT STRUCTURE

The Government of the Northeast Region shall be vested in three departments, the Executive, the Judicial and the Legislative;

EXECUTIVE

i)   The executive authority of the Northeast Region shall be vested first and foremost in the Governor of the Northeast Region, and secondly by the Lieutenant Governor.
ii)   Both the Governor and the Lieutenant Governor must be elected democratically by the people of the Northeast Region.
iii)   Elections must be held on separate ballots for the positions of Governor and Lieutenant Governors. Elections are to be held every October, February and June for Governor and Lieutenant Governor.
iv)   All citizens of the Northeast Region shall have one vote for Governor and one vote for Lieutenant Governor. A polling booth shall be created by the Chief Judicial Officer of the Northeast Region. He or she will open the booth on the third Friday at 12:00:00am Eastern Standard Time of every October, February and June and will close said both on the following Sunday at 11:59:59pm Eastern Standard Time. Every citizen will be given the opportunity to vote during this time. The Chief Judicial Officer of the Northeast Region must accept any absentee ballot conducted one week prior to the opening of the polls.
v)   Candidates for Governor and Lieutenant Governor will be given until the second Friday of the month in which he or she wishes to run in an election thereof to announce his candidacy. This is to be done by officially notifying the Chief Judicial Officer of the Northeast Region.
vi)   When the polls close, the Chief Judicial Officer of the Northeast Region shall be given twenty-four hours to count the votes and declare a winner. The candidate with the most votes for the office of Governor shall be made Governor and the candidate with the most votes for the office of Lieutenant Governor shall by made Lieutenant Governor. The newly elected Governor and Lieutenant Governor are to be officially sworn in on the Tuesday following the election and shall immediately assume office at that point. In the case of a tie, all tied candidates are to run in a run-off election the following week to determine a winner. 
vii)   There may only be one Governor and one Lieutenant Governor at any point in time. Once a new Governor or Lieutenant Governor is sworn in, the old one forfeits his or her office.
viii)   If the office of Governor is to become vacant at some point while he or she is in office, than the Lieutenant Governor is to be immediately sworn in as Governor of the Northeast Region. If the office of Lieutenant Governor is to become vacant at some point while he or she is in office, than the Governor may appoint a new one after the recommendation of the Legislative Assembly of the Northeast Region.
ix)   A Governor or Lieutenant Governor may be impeached at any time while they are in office by the will of two thirds of the Legislative Assembly of the Northeast Region.
x)   The Governor has the power to make political appointments and to be the official representative of the Region to the rest of Atlas Forum with the recommendation of the General Assembly of the Northeast Region. The Primary responsibility of the Governor shall be to work with the regional Senators and the Forum President to ensure that the rights, liberties, and interests of the people of the Northeast Region are protected.
xi)   The Governor has veto power over any piece of legislation that the Northeast Assembly shall successfully vote in favour of. The Governor may not have the power to only veto parts as opposed to the whole of any legislation. If the General Assembly of the Northeast Region is to have another successful vote on any piece of legislation previously vetoed, than the Governor must not veto it. The Governor is required to sign all pieces of legislation he supports into law after it passes a successful vote in the Legislative Assembly within one week of its passing. Once he or she has signed the legislation, it immediately becomes law unless otherwise stated in the legislation itself. If the Governor does not sign the successful legislation after one week, than it becomes law immediately.
xii)   The Governor is obligated to present the Legislative Assembly a budget every January, if he or she is in office at that time. The budget of all government activities is to be voted on by the Assembly in the same January. The Governor is obligated that the budget does not provide for any deficits excepting times of emergency or war, a condition the Legislative Assembly must successfully endorse.
xiii)   The Lieutenant Governor of the Northeast Region shall be charged with the responsibilities of the Legislative Assembly of the region. He or she shall ensure that the Legislative Assembly has the ability to propose legislation that they are able to be debated on, and voted on during appropriate periods. In the temporary absence of the Lieutenant Governor, than the Governor may take up these responsibilities
xiv)   In the temporary absence of the Governor, then the Lieutenant Governor may be allowed to temporarily conduct the duties of the Governor.

[Hatman 🍁]

[PART 2]

LEGISLATIVE

i)   The legislative branch of the Northeast Region shall consist of the Legislative Assembly of the Northeast Region. It shall be comprised of every citizen of the Northeast Region, including the Governor the Lieutenant Governor and the Chief Judicial Officer.
ii)   Every member of the Legislative Assembly shall have one vote. Any piece of legislation attaining a majority (50%+1) of actual votes from the members of the Legislative Assembly shall be considered successful. This shall be the case of all pieces of legislation except constitutional amendments and previously vetoed legislation.
iii)   Any member of the Legislative Assembly has the right to propose a piece of legislation and have it attempt to gain access to the ballot for any issue. To gain ballot access, a proposed piece of legislation must have at least three signatures of different members of the Legislative Assembly, including the member who proposed the legislation. Members of the Legislative Assembly have until midnight on the Thursday morning before the third Friday of the month to attempt to gain ballot access. Once a piece of legislation gains ballot access, it has the right to be voted on by the Legislative Assembly in an initiative election. An initiative election shall be held every month. The election shall commence within 12 hours after midnight Eastern Standard Time on the third Friday morning of the month and ending at 11:59pm Eastern Standard Time on the following Sunday night. Every piece of legislation shall relate to but one subject and that shall be expressed in its title. All pieces of legislation and votes of support and consent by the Legislative Assembly must go through this process in order to become law.

JUDICIAL

i)   The judicial branch of the Government of the Northeast Region shall be vested in the Chief Judicial Officer of the Northeast Region
ii)   The Chief Judicial Officer is to be appointed by the Governor with the support of the Legislative Assembly. He or she shall have a term of one year, with the option of renewal. Whenever the office of Chief Judicial Officer becomes vacant, then he or she must be replaced within one month.
iii)   The Chief Judicial Officer is to be charged with the duties of interpreting the laws of the Northeast Region and is charged to hold trials for the convicted. If someone submits a case to him or her, then the Chief Judicial Officer must make a ruling on it, giving ample time to hear arguments from any side of the issue. The Chief Judicial Officer’s rulings are to be considered precedent for all future cases.
iv)   No persons shall hold the positions of Governor and Chief Judicial Officer at the same time, and whereas no persons shall hold the positions of Lieutenant Governor and Chief Judicial Officer at the same time.


NOTWITHSTANDING CLAUSE

i)   The Legislative Assembly of the Northeast Region may expressly declare in a successful vote of a piece of legislation that the piece of legislation or a provision thereof shall operate notwithstanding a provision included in any section of this document excepting the Bill of Rights
ii)   A successful piece of legislation or a provision of a successful piece of legislation in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Constitution referred to in the declaration.
iii)   A declaration made under subsection (i) shall cease to have effect four  months  after it comes into force or on such earlier date as may be specified in the declaration.
iv)   The Legislative Assembly may re-enact a declaration made under subsection (i).
v)   Subsection (iii) applies in respect of a re-enactment made under subsection (iv).

AMMENDING FORMULA

This constitution may be changed, altered, modified or amended if all of the following methods are met:

i) A successful vote of two thirds of voting (either in the affirmative or in the negative) members Legislative Assembly of the Northeast Region
ii) A successful vote of majority of all members of the Legislative Assembly, voting, abstaining and absent members combined
iii) Approval of the Governor in the form of his consent.
 

[Hatman 🍁]

wow, no comments?

[GOP = Terrorists]

Great Job.  I've got a couple questions though.

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Why should the executive and judicial branches also be in the legislative branch?

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Why should the legislature be prevented from bringing previously vetoed legislation to the table?

Lastly I would suggest that for ratification a supermajority be needed.  Lots of hard work.  Thanks Mr. Governor.

[Hatman 🍁]

Great Job.  I've got a couple questions though.

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Why should the executive and judicial branches also be in the legislative branch?

This just means the Governor, etc. will be able to vote on propositions and what not, like they do now.

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Why should the legislature be prevented from bringing previously vetoed legislation to the table?
[/quote]

It's not, this just states that 50% is needed for bills that aren't amendments and are not vetoes. I believe (and I will check this again) that different numbers are needed for a bill to succesfuly pass if it has been vetoed and for an amendment to pass.

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You mean 2/3? Well, legally we only need 1/2, and considering I have no idea what opposition exists, I may have to keep it at 1/2. I will admit however that the more votes it gets, the more legitimate it will be.

[Hatman 🍁]

At first glance, (I will have to read it with a fine-tooth comb when I have a little more time! ) it looks much improved from our previous, however, I don't think the 'Right to Life' section is relevant or fair to include as it has yet to be determined when life begins and if there is a right to die.  Concepts that can be disputed as rights or priveledges do not have a place in an all-binding document, in my opinion.  Also, I think we need to include, as we have seen from the inability to step in and take charge while you were attending other business to run the election.  I think we need to include all executive positions in the chain of command to make sure that there is always someone in charge.

It might tweak it a bit, but I think the right to life is necessary for a number of reasons.  Would you be opposed to me defining life as beginning at birth? We may be able to compromise by giving special recognition to the fetus; "Life begins at birth, but originates from conception"

Also, I think a chain in command is a good idea, and I may add something to that effect as well.

[GOP = Terrorists]

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Yeah but from a constitutional perspective should it be that way? =)

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Say a strict constructionist is CJO.  Is there room for a legal stance for "Oh no you need a super majority to do that it was vetoed by the previous president.  It is only the wording not the intent that I mention =).

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3/4 would be better of course but 2/3 is great too. =)

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No legitmacy for a 51-49 Constitution.  And a new constitution is essentially a revolution so I'm not worried about the law. =)

[Hatman 🍁]

I could clarify things a bit more if you wish.

And, I do think the Governor should be able to have a vote. The Northeast is essentialy a parliamentary democracy

Anyways, thanks Progress and Fezzy for your input. You two are the future of this region

[bullmoose88]

I wish to amend a section.

formerly reading....

iii) Right to Life

All persons have the right to control their lives from moment they are born, to the moment when they die, or choose to die. They are bound with inalienable liberties, to live their life as they choose, in condition that it does not conflict with others attempt to do the same. The government must maintain peace, order and good governance to maintain these rights.

To now read...

iii) Right to Life

All persons have the right to control their lives from moment they are viable, to the moment when they die, or choose to die. They are bound with inalienable liberties, to live their life as they choose, in condition that it does not conflict with others attempt to do the same. The government must maintain peace, order and good governance to maintain these rights.

This right may be abridged under the following conditions:
a) A Viable Fetus Endangers its Mother's life providing aborting said fetus can save the Mother's life
b) A Viable Fetus is the product of Rape and/or Incest, in other words, unduly reducing the mother's freedom because of an act she did not willingly take part in.
c) The person choosing to die is incapable (and has not declared) of declaring their consent to terminating their life.

[bullmoose88]

I'd like to add a section to the Bill of Rights...

vi) Right to Privacy. Citizens of the Northeast shall have the unabridged right to undertake any action without legal restraint by the Northeastern Assembly and/or Regional Government, through its laws,  providing said action does not directly harm another citizen physically, mentally, economically, or otherwise prevents another citizen from exercising this same freedom.

[Hatman 🍁]

Sounds good, Bullmoose - although I am concerned it may look as though we are abolishing abortions. I am sure this is not the case though.

[bullmoose88]

Sounds good, Bullmoose - although I am concerned it may look as though we are abolishing abortions. I am sure this is not the case though.

Its more of a middle ground kind of thing...

the provision still allows for abortions in cases of Mother's health, rape and incest...and allows for abortion of a non-viable fetus.

[The Dowager Mod]

You were better off with "born" instead of "viable"

[bullmoose88]

You were better off with "born" instead of "viable"

With all due respect, I disagree.

[bullmoose88]

BTW, what are the status of my amendments?

[Hatman 🍁]

BTW, what are the status of my amendments?

I added them in.

[bullmoose88]

I gotta say, I don't see them

[Hatman 🍁]

I gotta say, I don't see them

Well, nuts. I added them initialy, but my computer fizzled out while I was putting it togother, and I guess I forgot to put it in again. I will propose these amendments immediately.

[Hatman 🍁]

Wait, no they are there. Article III Section iii and section vi, no? https://uselectionatlas.org/AFEWIKI/index.php/2006_Northeast_Constitution_Proposal#ARTICLE_III_-_BILL_OF_RIGHTS

[bullmoose88]

My bad, I was still looking at your post version.

Curse my brain...it was from Abby Normal