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Author Topic: Committee on Style (PROPOSED CONSTITUTION ADOPTED)  (Read 17793 times)
Unconditional Surrender Truman
Harry S Truman
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« on: December 07, 2015, 05:09:48 PM »
« edited: May 13, 2016, 07:41:09 PM by Senator Truman »

The 4th Constitution of the Republic of Atlasia

This thread is for storing complete Articles of the new Constitution on which debate has ended. Once the sausage making of the Convention is done, we will use this thread to discuss any last stylistic changes to the document before proceeding with a final vote.


ARTICLE [TBD]
Section 1 (The Regions)
i. The several states of this Republic shall be apportioned among three contiguous, autonomous Regions.
ii. The northern Region shall consist of the states of Connecticut, Illinois, Indiana, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Wisconsin, and Vermont.
iii. The southern Region shall consist of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Louisiana, Kansas, Kentucky, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, Puerto Rico, South Carolina, Tennessee, Texas, Virginia, West Virginia, and the District of Columbia.
iv. The western Region shall consist of the states of Alaska, California, Colorado, Hawaii, Idaho, Iowa, Montana, Minnesota, Nevada, New Mexico, North Dakota, Nebraska, Oregon, South Dakota, Utah, Washington, and Wyoming.
v. Each Region shall have the sole authority to designate its Title, and the Titles of the officers of its government, such as they will be recognized by the Republic of Atlasia in all official acts and processes.

Section 2 (The Union)
i. No Region shall secede from this Republic but by a 3/4 vote of the citizens thereof, nor shall any Region, state, or other entity declare itself outside the jurisdiction of this Constitution so long as it remains party to this Union.

Section 3 (Rights and Limitations)
i. The powers not delegated to the Republic of Atlasia by this Constitution, nor prohibited by it to the Regions, are reserved to the Regions respectively, or to the people.
ii. No Region shall enter into any Treaty, Alliance, or Confederation without the express Consent of the Congress.
iii. No Region shall pass any Bill of Attainder or ex post facto Law, nor pass any Act impairing the Obligation of Contracts.
iv. No Region shall lay any Duty on exports and imports except by necessity for the proper enforcement of its Laws, and then only with the express Consent of the Congress; and in such case the net produce of such shall be conferred to the Federal Treasury.
v. No Region shall lay any Duty of Tonnage, nor grant any Title of Nobility, nor maintain Armed Forces in times of peace, nor issue, coin, or recognize as legal tender any currency but that of the Republic of Atlasia.

ARTICLE [TBD]
Section 1 (The Legislature)
i. All legislative powers herein granted shall be vested in the Congress of the Republic of Atlasia, which shall consist of a Senate and a House of Representatives.
ii. The Vice President shall be the President of the Congress, but shall have no vote in the House of Representatives, nor in the Senate save when they be equally divided.

Section 2 (The Senate)
i. The Senate of the Republic of Atlasia shall consist of two Senators from each Region, elected for a term of four months in the manner prescribed by the legislature thereof.
ii. No person shall be a Senator who has not attained 200 or more posts, nor whose account is fewer than 1440 hours old, nor who is not a citizen of the Region they are chosen to represent.
iii. The Senate shall elect its leader and other officers, and shall have sole authority to determine its own methods of proceedings.
iv. Upon the seating of the first Congress, the Senators shall be divided into two Classes of equal size, such that each Class shall consist of one Senator from each of the Regions. Members of the first Class shall be elected in the months of February, June, and October; members of the second Class shall be elected in the months of April, August, and December.
v. The Senate shall have the sole power to try all Impeachments. In all trials of Impeachment, the Chief Justice shall preside, and no person shall be convicted without the concurrence of 2/3 of the sitting Senators.
vi. Vacancies in the Senate shall be filled according to the laws of the effected Region; but in the absence of such a law, the executive power thereof shall have the authority to appoint a replacement to serve the remainder of the existing term.

Section 3 (The House of Representatives)
i. The House of Representatives shall consist of nine Members chosen at-large by the eligible voters of the Republic according to a method of proportional representation prescribed by the Federal Legislature. Representatives shall serve a term of two months, and shall be elected in the months of February, April, June, August, October, and December.
ii. No person shall be a Representative who has not attained 100 or more posts, nor whose account is fewer than 720 hours old, nor who is not a citizen of the Republic of Atlasia.
iii. The House of Representatives shall elect its Speaker and other officers, and shall have sole authority to determine its own methods of proceedings.
iv. The House of Representatives shall have the sole power of Impeachment.
v. Vacancies in the House of Representatives shall be filled by the executive of the effected Party; but should a vacancy occur as the result of the death, expulsion, or resignation of a Representative not being a member of a major Party, then a special election shall be held to chose a replacement to serve the remainder of the existing term.

Section 4 (Rules of Order)
i. Each Houses may adopt rules concerning the discipline and expulsion of its members; but no Senator or Representative shall be expelled but with the concurrence of 2/3 of the members of the effected House.
ii. Each House shall be the judge of its own elections and of the qualifications of its members.

Section 5 (Legislation)
i. Every bill, order, or resolution which shall have passed the Senate and the House of Representatives shall, before it becomes law, be submitted to the judgement of the President. If he approve of it he should sign it; but if he disapproves he should return the bill to the House in which it originated with his objections. If, after considering the objections of the President, both Houses should by a 2/3 vote agree to pass the same bill, it shall become law regardless of the President's objections.

Section 6 (Powers)
i. The Congress shall have the power, except where limited elsewhere by this Constitution, to lay and collect Taxes, Duties, Imposts, and Excises, and to distribute the Revenue thus collected;
to regulate foreign trade and interregional commerce;
to establish uniform laws of naturalization;
to regulate the value and coinage of the national currency;
to establish a uniform system of weights and measures;
to establish post offices and post roads;
to define and punish crimes committed on the high seas;
to declare war, issue letters of marque and reprisal, and make laws governing the capture of land and water;
to raise, support, and regulate the national armed forces;
to admit new states and territories to the Union;
to make laws governing borrowing, lending, and the selling of stocks and bonds;
to confirm or reject nominations for the Supreme Court and the officers of executive departments;
to establish a central national bank;
to make laws necessary for the enforcement of the Constitution and federal law; and
to regulate voter registration and federal elections.

Section 7 (Restrictions)
i. The Privilege of the Writ of Habeas Corpus shall not be suspended, except when in cases of Rebellion or Invasion the public safety may require it.
ii. No Bill of Attainder or Ex Post Facto law shall be passed.
iii. No Tax or Duty shall be laid on articles exported from any Region.
iv. No money shall be drawn from the Treasury but in accordance with the Apportionments made by law.
v. No Title of Nobility shall be granted by the Republic of Atlasia, and accordingly no person holding office under this Constitution shall accept any Title, Rank, or Office from any foreign state except in accordance with federal law.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #1 on: February 20, 2016, 02:23:34 PM »

ARTICLE [TBD]

Section 1 (The Executive)
i. The executive power shall be vested in the President of the Republic of Atlasia. He shall hold his office for a term of four months, together with a Vice President chosen for the same term.
ii. Elections for President shall be held in the months of February, June, and October, in accordance with the measures prescribed by the Congress of the Republic of Atlasia. Each candidate for President shall run jointly with a candidate for Vice President, with whom his name shall appear jointly on the ballot. A vote for a candidate for President shall be considered a vote for the candidate for Vice President whose name appears on the ballot with the presidential candidate, and accordingly the candidate for Vice President whose name appears on the ballot with the successful candidate for President shall be elected.
iii. No person shall be President or Vice President who has not attained 500 or more posts, nor whose account is not at least 4,320 hours old, nor is not a citizen of the Republic of Atlasia.
iv. Upon the commencement of his term in office, the President shall swear the following oath: "I, do solemnly swear (or affirm) that I will faithfully execute the office of President of the Republic of Atlasia, and will to the best of my ability preserve, protect, and defend the Constitution of the Republic of Atlasia."

Section 2 (Powers)
i. The President shall have the power, except where limited elsewhere by this Constitution, to grant reprieves and pardons for crimes committed under the laws of the Republic of Atlasia, but Congress may rescind such pardons by a 2/3 vote of the Senate and the House of Representatives;
to introduce legislation into the queue of the Congress;
to appoint, with the advice and consent of the Senate, the Justices of the Supreme Court;
to establish such executive departments as may be necessary for the execution of the laws, and to appoint their principle officers with the advice and consent of the Senate;
to veto acts of Congressional legislation, and to exercise a line-item veto over the budget;
to appoint the vice president in the event of a vacancy in that office;
to serve as Commander-in-Chief of the Armed Forces of the Republic of Atlasia; and
to make treaties with the advice and consent of the Senate.

Section 3 (The Vice Presidency)
i. Whenever the office of President shall fall vacant, by reason of the death, impeachment, or resignation of the occupant, the Vice President shall become President.
ii. Whenever the President shall submit his written declaration to the presiding officer of the Senate and the Speaker of the House of Representatives that he is unable to discharge the powers and duties of his office, and until he shall submit a declaration to the contrary, such powers and duties will be discharged by the Vice President as Acting President.
iii. Whenever the Vice President and a majority of the principle officers of the executive departments shall submit their written declaration to the presiding officer of the Senate and the Speaker of the House of Representatives that the President is unable to discharge the powers and duties of his office, such powers and duties will be discharged by the Vice President as Acting President until such time as the President should submit his declaration to the contrary.

Section 4 (Impeachment)
i. The President, Vice President and all civil officers of the Republic of Atlasia, shall be removed from office on Impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Article [TBD]

Section 1 (Ratification)
i. The assent of 3/4 of the existing Regions shall be sufficient to Ratify this Constitution; but the existing government of this Republic shall remain in office, and all Acts passed under any previous Constitutions shall remain in effect, until all acts mandated by Section 2 of this Article shall have been implemented.

Section 2 (Implementation)
i. Following the Ratification of this Constitution, the incumbent President of the Republic of Atlasia shall designate a temporary Elections Officer, who shall administer the election of the new President, Vice President, and House of Representatives. Elections for these offices will be conducted according to the regulations set forth in this Constitution and the existing body of Law, and shall commence not more than two weeks following the receipt of the certificates of Ratification from the several Regions.
ii. Concurrently with the aforementioned balloting, the Elections Officer shall administer the election of legislative Committees in each of the three Regions consisting of one delegate for every seven citizens thereof. The Committees will be empowered to organize the election of the first Senate, and then to devise a permanent Constitution establishing a permanent government for their Region. But under no circumstances shall the Committees presume to legislate on matters not pertaining to either of the aforementioned tasks, and shall be immediately dissolved upon their completion.
iii. At such time as both the Senate and the House of Representatives shall be seated, this Constitution shall be considered fully implemented; and accordingly all Acts and Offices established under the previous Constitution, or those of the former Regions, shall cease to hold any authority within the Republic of Atlasia.
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Unconditional Surrender Truman
Harry S Truman
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Posts: 14,142


« Reply #2 on: March 31, 2016, 06:35:20 PM »

ARTICLE [TBD]

Section 1 (The Judiciary)
i. The judicial power of the Republic of Atlasia shall be vested in the Supreme Court, the membership of which shall consist of two Justices and three Associate Justices chosen in the following manner:
ii. The Justices of the Supreme Court shall be nominated by the President of the Republic of Atlasia and confirmed by a majority vote of the Senate.
iii. The chief executive officer of each of the several Regions shall nominate from among his constituents a candidate for Associate Justice. Upon the assent of a majority of the legislative power thereof, the nomination shall proceed to the President: if he approve of the nomination he should grant his Assent and the nominee shall assume the office of Associate Justice; but if he disapprove he should veto it and the nomination will be annulled. If then two thirds of the Senate should vote to override the President's veto, the nominee shall take office regardless of the opinion of the President.
iv. The Justices and Associate Justices thus chosen shall hold their offices for life in good behavior.
v. The President shall designate a Chief Justice from among the appointed Justices, who shall continue in that capacity until such time as he shall resign the designation, or else cease to be a member of the Supreme Court.

Section 2 (Regional Judiciaries)
i. The judicial power of each of the several Regions shall be vested in a Circuit Court composed of the Associate Justice chosen from that Region, and no Region shall establish any other court or judicial authority.

Section 3 (Jurisdiction)
i. The jurisdiction of the Supreme Court shall extend to all cases, in law and equity, arising under this Constitution and all official acts made under its authority; to all cases affecting Ambassadors and other public ministers; to all cases of admiralty and maritime jurisdiction; to controversies to which this Republic shall be a party; to controversies between two or more Regions, or between a Region and citizens of another Region; between citizens of different Regions; between citizens of the same Region claiming lands under grants of different Regions, and between a Region, or the citizens thereof, and foreign States, citizens, or subjects.

ii. The trial of all crimes, except in cases of Impeachment, shall be by Jury; and such trial shall be held in the Region where the said crimes shall have been committed; but when not committed within any Region, the trial shall be at such place or places as the Congress may by law have directed.

Section 4 (Continuity)
i. Those persons comprising the judicial power of the Republic of Atlasia under the previous Constitution thereof shall, upon the ratification of this Constitution, assume the office of Associate Justice for the Region in which they reside; but, if more than one of the persons above named are citizens of the same Region, than the most senior of the two shall become Associate Justice and the junior shall become Justice.
ii. The retention of the incumbent judicial officers above mandated shall take place without need for the process of nomination and confirmation set forth in Section 1 of this Article.
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Unconditional Surrender Truman
Harry S Truman
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Posts: 14,142


« Reply #3 on: April 12, 2016, 11:05:52 PM »

BILL OF RIGHTS

Section 1. All persons born or naturalized in the Republic of Atlasia, and subject to the jurisdiction thereof, are citizens of the Republic of Atlasia and of the Region in which they reside, and shall in all cases be afforded equal protection under the law.

Section 2. Congress shall make no law abridging the freedom of speech, nor of the press, nor withholding the freedom to peaceably assemble and to petition for the redress of grievances."

Section 3. Congress shall make no law respecting the establishment of religion, nor obstructing the freedom of worship.

Section 4. The right of citizens of the Republic of Atlasia to vote shall not be denied, except in regards to persons whose account is fewer than 168 hours old, or in consequence of failing to meet such requirements for activity as may be established by law.

Section 5. No person shall be deprived of life, liberty, or property without due process of law.

Section 6. Neither slavery, nor involuntary servitude, except as punishment for crimes of which the accused has been duly convicted, shall exist within the Republic of Atlasia, nor in any place under its jurisdiction.

Section 7. A well-regulated militia being necessary for the security of a free people, the right of the people to keep and bear arms shall not be infringed.

Section 8. No citizen shall be subjected to warrantless search or seizure of the persons, homes, records, or possessions, and no warrants shall be issued without probable cause, supported by oath of affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Section 9. No person accused of crimes under the laws of this Republic, or of the several Regions, shall be compelled to bear witness against himself, nor subjected to excessive bail, nor cruel or unusual punishment.

Section 10. In all criminal prosecutions, the accused shall have right to a speedy and public trial by an impartial jury of their peers in the Region wherein the crime shall have been committed, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have a compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel in his defense.

Section 11. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the armed forces.

Section 12. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the Republic of Atlasia.

Section 13. The enumeration of certain rights in this Constitution shall not be construed as to deny or disparage those natural rights and liberties herein unlisted.
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Unconditional Surrender Truman
Harry S Truman
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Posts: 14,142


« Reply #4 on: April 25, 2016, 07:37:30 PM »

Quote
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*affected

I'm going to make sure to go over this with a fine-toothed comb once we're done to make sure we don't have any Yankee-errors in this Constitution. Tongue
As will I - thanks for catching that.

Section 1 (The Judiciary)
i. The judicial power of the Republic of Atlasia shall be vested in the Supreme Court, the membership of which shall consist of two Justices and three Associate Justices

I think it should be "Federal Justices" or "Federal Associate Justices" and "Regional Justices" or "Regional Associate Justices." Or something like that. There was a very good reason why I used the terminology I did when we discussed this--namely, the current terms are ambiguous.
Eh, distinguishing between "Federal" and "Regional" Justices seems more confusing to me, since the Associate Justices have both federal and regional responsibilities.
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Unconditional Surrender Truman
Harry S Truman
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Posts: 14,142


« Reply #5 on: April 29, 2016, 06:25:32 PM »

Delegates have 24 hours to object to Griffin's amendment. (I can't see why you would, though, unless you are consumed by an irrational hatred for Roman numerals).



Also...while it may be self-serving, are we really going to have an election for President and Vice President that will have less than two weeks of campaigning? I think we should amend this and just allow Duke and I to finish our terms.
I'd be fine with this.

Since the House's specific method of election is not described in the Constitution, is there any need to specify (like we did with the Judicial Branch) a certain level of continuity in terms of what specific method the temporary Elections Officer must use?
Yes, there needs to be some manner of deciding the method for the first election at least. How does STV work with nine seats? I have heard it works better with more seats to be elected.
I'd be fine with either party list voting (I believe such was the original proposal) or STV. It shouldn't be too much of a problem to add this in.

A minor question, what happens to the concept of Game Moderation/Game Moderator in the current text? I realize the Cabinet itself is open to creation of the specific departments (which is an excellent idea), but what happens to the GM and the simulation of policy and events?
Hmm... good question. Do we want to treat the GM like an ordinary cabinet officer, or give this post some Constitutional scaffolding?
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Unconditional Surrender Truman
Harry S Truman
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« Reply #6 on: April 30, 2016, 07:39:59 PM »

Seeing no objection, Griffin's Amendment has been adopted.

FYI, a second amendment has been proposed in the Misc. Articles thread removing the requirement for a special presidential election to be held two weeks after ratification. If y'all feel the need to comment on that, take it over there.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #7 on: May 02, 2016, 09:44:04 PM »

Article "XI" (the Bill of Rights) should actually be Article VI (or Article IX once the 3 Misc. Articles are taken into account). Preferably, though, the Bill of Rights would precede the rest of the document as the 'mission statement' of the Republic.

To that effect, I offer the following motion:

Quote
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We'll need to incorporate the Misc. Articles too once debate is complete in that thread.
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Unconditional Surrender Truman
Harry S Truman
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Posts: 14,142


« Reply #8 on: May 02, 2016, 10:22:07 PM »

While not a delegate, anyone willing to propose an amendment pertaining the GM? (or sponsor mine as a stop gap soution?)
Done.
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Unconditional Surrender Truman
Harry S Truman
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Posts: 14,142


« Reply #9 on: May 03, 2016, 11:13:14 PM »

Seeing no objection, Truman's motion has been adopted.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #10 on: May 03, 2016, 11:17:23 PM »

I offer the following amendment:
Quote
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Grammar-haters have 24 hours to object.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #11 on: May 08, 2016, 11:33:09 AM »

Alright! I believe we've addressed all of the concerns that were raised in this thread - sections establishing a Game Engine and specifying the method for electing the first House have been added, and the mandate for a special presidential election two weeks following ratification has been struck out. I've posted the Constitution in its current form over four posts in my office thread: you can read it here. I've taken the liberty of numbering the Miscellaneous Articles and correcting a handful of spelling and capitalization mistakes, but the words themselves are the ones adopted by the Convention.

Once again, if anyone sees anything in the current draft that needs to be changed, please say so immediately. I will give 24 hours for new proposals - if there are none, we'll move forward with a final final vote.
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Unconditional Surrender Truman
Harry S Truman
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Posts: 14,142


« Reply #12 on: May 10, 2016, 12:23:19 AM »

Seeing no objection, the proposed Constitution for the Republic of Atlasia will now be put to a final vote. (The completed draft may be found here.)

Please vote AYE, NAY, or Abstain. Voting will last 72 hours or until all delegates have voted. Delegates should note that, per Article IV of the Regulations Act, a three fifths vote of this Convention is required to pass the proposed Constitution.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #13 on: May 10, 2016, 12:31:26 AM »

AYE!
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Unconditional Surrender Truman
Harry S Truman
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Posts: 14,142


« Reply #14 on: May 13, 2016, 07:39:17 PM »

With 18 votes in favor and none opposed, the proposed Fourth Constitution of the Republic of Atlasia has been ADOPTED!

In accordance with the wishes of the delegates, and by the authority vested in me as Presiding Officer of the Constitutional Convention, I therefore announce this Convention to be ADJOURNED!
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