L.C. 10.19 - Third Lincoln Constitution

[Brother Jonathan]

Nay

[Former President tack50]

May I please ask the council to not bastardize the great constitution Kaiser, Truman and I wrote?

The main objective of this constitution should be a "return to basics"; making Lincoln the region with the most simple system of government, to the point almost where it might be considered too simple (better safe than sorry in this regard).

Seriously the constitution was written to be short, simple, effective and to the point. Then again even this is like 99% of what we wrote so this is nitpicking at this point

Iirc the main differences between this and my original plan are:

> Legislature fixed at 5 members no matter what
> 2 month terms for the legislature (staggered with 4 month terms for Governor)
> Party appointments like the federal House of Representatives to fill in vacancies instead of special elections

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

4 month council elections, will in all likelihood, not stay in the final version of the document.

[S019]

AYE

May I please ask the council to not bastardize the great constitution Kaiser, Truman and I wrote?

The main objective of this constitution should be a "return to basics"; making Lincoln the region with the most simple system of government, to the point almost where it might be considered too simple (better safe than sorry in this regard).

Seriously the constitution was written to be short, simple, effective and to the point. Then again even this is like 99% of what we wrote so this is nitpicking at this point

Iirc the main differences between this and my original plan are:

> Legislature fixed at 5 members no matter what
> 2 month terms for the legislature (staggered with 4 month terms for Governor)
> Party appointments like the federal House of Representatives to fill in vacancies instead of special elections

I don't understand why it needs to be so simple, government is inherently complex, and dumbing it down is a bad idea, imo

[Unconditional Surrender Truman]

Not sure where y'all are in determining the size of the general court, but I§2 somewhat concerns me with its wording in that it implies the general court only exists during election weekend. I would suggest amending it to more closely resemble the (former amended) language of the Frémont constitution, to wit.

2. The General Court shall consist of a number of members chosen at-large every [nth] month by the eligible voters of Lincoln according to a method of proportional representation prescribed by law. When the number of candidates is five or fewer, one less than that the number shall be chosen; when it is greater than five but less than nine, five members shall be chosen; when it is greater than nine, seven shall be chosen.

[Unconditional Surrender Truman]

I don't understand why it needs to be so simple,

Yes, this is the root of the problem we have been having for several weeks now.

government is inherently complex,

Wrong.

and dumbing it down

lol

is a bad idea, imo

It would be hard to come up with an idea worse than tiered vetoes or four-month legislative terms!

[Former President tack50]

AYE

May I please ask the council to not bastardize the great constitution Kaiser, Truman and I wrote?

The main objective of this constitution should be a "return to basics"; making Lincoln the region with the most simple system of government, to the point almost where it might be considered too simple (better safe than sorry in this regard).

Seriously the constitution was written to be short, simple, effective and to the point. Then again even this is like 99% of what we wrote so this is nitpicking at this point

Iirc the main differences between this and my original plan are:

> Legislature fixed at 5 members no matter what
> 2 month terms for the legislature (staggered with 4 month terms for Governor)
> Party appointments like the federal House of Representatives to fill in vacancies instead of special elections

I don't understand why it needs to be so simple, government is inherently complex, and dumbing it down is a bad idea, imo

Imagine wanting a system of government where not even the people elected to their respective offices can't understand!

[S019]

I am withdrawing my amendment and will instead offer something that allows the Governor the option to use a soft veto if they truly believe a bill is better sent to referendum than killed. But recent events have convinced me that frequent soft vetoes are not in the region's best interest.

[AGA]

I only want a hard veto.

[S019]

I only want a hard veto.

I more so want the option because the governor could soft veto a controversial bill that they otherwise might not feel strongly enough about to hard veto, and an intermediate option like that could be helpful. I don't expect it'd be used frequently, but for instance my gun bill back in June 2019 would be a good example of this. Had it simply been a hard veto or sign, I honestly don't know how the Governor, at the time, would've gone.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

S019 amendment rejected 1-3.

The amendments offered by AGA and myself are adopted.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

This amendment fixes a couple mentions of "chamber" I missed earlier, adopts the Truman grammatical scheme for the size of the General Court, reflecting all amendments adopted earlier, and changes General Court Election Timing back to two months. If this is voted down, we'll take up a 3 month gov and court system afterward.

A. The Lincoln Council is hereby renamed to the Lincoln General Court, and notwithstanding anything else in this amendment, the Councillors (who shall now be known as Deputies), along with the incumbent governor, shall serve as acting officials in their respective offices under this new constitution until the next applicable election. The General Court's first order of business will be writing a new SOAP.

B. If any existing Lincoln laws conflict with this amendment, they are hereby amended such that they comply/agree with the amendment, with full severability if a provision would need to be removed.

C. The Lincoln Constitution is hereby amended to read as follows:

Third Lincoln Constitution

Preamble
We, the people of the states of Connecticut, Illinois, Indiana, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island and Providence Plantations, Wisconsin, Vermont, and the Virgin Islands, acting in accordance with the great precept that all men and women are created equal, and for the purpose of preserving the blessings of liberty for ourselves and our posterity, do ordain and establish this Constitution for Lincoln.
Bill of Rights
1. All persons born or naturalized in the Republic of Atlasia and being residents of one of the states of this region, are citizens of Lincoln, with all the rights, privileges, and responsibilities of the same. No citizen shall be denied equal protection under the law.
2. The General Court shall make no law abridging the freedom of speech, nor of the press, nor the right to assemble and petition for the redress of grievances.
3. The General Court shall make no law respecting the establishment of religion, nor obstructing the freedom of worship. No government organization shall sponsor religion in any way.
4. Neither slavery, nor involuntary servitude, shall exist within this region, or in any territories under its jurisdiction.
5. A well-regulated militia being necessary for the security of a free state, the right of citizens to keep and bear arms shall not be infringed.
6. In all suits of criminal law, the accused shall have right to a free and fair trial by an impartial jury of their peers.
7. No person accused of any crime under the laws of this region shall be subjected to warrantless search or seizure of their homes, persons, records, or possessions; nor excessive bail; nor cruel or unusual punishment; nor compelled to bear witness against herself; nor denied right to legal counsel.
8. The Privilege of the Writ of Habeas Corpus shall not be suspended, save when in times of war or rebellion the public safety may require it.
9. The enumeration of certain rights in this Constitution shall not be construed as to deny those natural and inherent rights herein unlisted.

Article I: The Legislative power
1. All legislative powers granted herein shall be vested in a General Court.
2. The Chamber shall consist of five deputies, except when there are nine or more candidates on the ballot in a regular election, in which case it shall be seven, or if there are less than five candidates on the ballot, in which case the number of candidates shall be equal to those on the ballot, chosen every fourth month by the eligible voters of Lincoln, according to a method of proportional representation prescribed by law.

The General Court shall consist of a number of deputies chosen at-large every second month by the eligible voters of Lincoln according to a method of proportional representation prescribed by law. When the number of candidates is five or fewer, that number shall be chosen; when it is greater than five but less than nine, five deputies shall be chosen; when it is nine or greater, seven shall be chosen. Write-in candidates shall not be considered in determining the number to be chosen.

3. No person shall be a member of the General Court who is not a citizen of this region, and no person shall remain a member who is found by a vote of three-fourths of their peers to be guilty of gross negligence, high crimes, or misdemeanors.
4. The General Court shall elect its speaker and other officers and shall have sole authority to determine its own methods of proceedings.
5. Every bill passed by the General Court shall, before it becomes law, be submitted to the judgment of the governor. If they approve of it, they should sign it and it will become law; but if they disapprove they may veto it, and it shall be returned to the ChamberGeneral Court. If, after considering the objections of the governor, the General Court should by a two-thirds vote agree to pass the same bill, it shall become law regardless of the governor's objections. If the governor shall not act to sign or veto a bill, it shall become law seven (7) days after its adoption by the General Court. The Governor shall have the authority to submit revisions to passed legislation, if they deem fit, and return it to the legislature for reconsideration. If the redrafted bill is rejected by the General Court, and the original bill passed the chamberGeneral Court by a two-thirds margin, the original bill shall be sent to referendum. If the redrafted bill is rejected by the General Court, and the original bill passed by less than two-thirds, the Governor shall be compelled to sign or veto the original bill.
6. Whenever a vacancy should occur in the composition of the General Court, the governor shall appoint a replacement. Should the vacancy have occurred fewer than 336 hours before the next general election, the deputy thus nominated shall serve the remainder of the existing term; otherwise, they shall serve only until a new member may be elected.
7. The General Court may, by a four-fifths vote, impeach and remove the governor for gross negligence or criminal acts; but the governor shall not be convicted without the concurrence of four-fifths of all sitting deputies, and the penalty for his conviction shall not exceed removal from office and disbarment from holding any office under this region for eighteen months.
8. In the event of a tied vote of the General Court, the governor shall have the power to break the tie.
9. Where the text above references a two-thirds margin, it shall be construed to refer to the support of two-thirds of all sitting deputies.

Article II: The Executive Power
1. The powers and duties of the executive shall be vested in the governor of Lincoln
2. The governor shall be elected every fourth month by the entire body of eligible voters. No person shall be governor who is not a citizen of Lincoln, and no elected governor shall be a member of the General Court.
3. The governor shall have the power to carry out all acts in association with the enforcement of the laws passed under this constitution; to command the militia in times of war; to appoint the heads of such departments which may be established by law; to issue pardons and reprieves for crimes committed under the laws of this region, which shall be permanent upon their issuance, though they shall have no power to pardon themselves; to appoint, in accordance with Article V of the constitution of the Republic of Atlasia, the associate justice of the circuit court of this region; and to approve, or veto, all acts passed by the General Court.
4. Should the governor vacate their office either by their death, removal, forfeiture, or resignation, then the speaker of the General Court, or if there be no speaker the member with the longest continuous service, shall act as governor until a successor may be elected. The acting governor need not vacate their seat in the General Court, but they shall have no vote in its proceedings so long as they continue to exercise the powers of the governor. If there is neither a speaker nor any members of the General Court, then the powers and duties of the governor shall devolve upon the associate justice of the circuit court, or if there be none such officer as the president of Atlasia may appoint from among the citizens of Lincoln, until a successor may be elected.
Article III: Senators
1. Elections for the Senate of the Republic of Atlasia shall be conducted at regular intervals, in the months prescribed by the Constitution thereof.
2. Senators shall be elected by a direct vote of the people, and no person eligible to vote in elections for governor and General Court shall be denied the right to vote for Senator.
3. Should a vacancy occur in the representation of this Region in the Senate, the governor shall appoint an interim senator to serve until a replacement may be elected. Special elections for the Senate shall begin on the Friday following the creation of the vacancy; but if the vacancy shall occur on a Thursday, the special election shall begin on the second Friday following the creation of the vacancy.
4. Senators who are elected in a regularly scheduled election shall take office on the first day of the next session of Congress. Senators elected in a special election shall take office immediately upon election.
Article IV: Elections
1. The right to vote in all elections and referendums called according to the provisions of this Constitution shall be exclusive to those persons being eligible to vote in elections for President of the Republic of Atlasia who have been registered to vote in one of the states of this Region for a period of at least 72 hours prior to the commencement of the election. The ChamberGeneral Court shall have the right to pass further residency requirements through legislation.
2. Voters shall be permitted to edit their ballots until 20 minutes after posting them in the voting booth. No voter shall edit their ballot after the official end of the voting period.
3. All elections and referendums of this region shall be administered by the governor, or a person of their choosing. Whenever the governor and their designee if applicable should be unable to perform this duty, the speaker of the General Court, or in their absence the most senior member, shall administer the election.
4. Elections for governor and General Court shall be held in the months of April, August, and December. Elections for General Court shall be held in the months of February, April, June, August, October, and December.
5. Candidates for governor, General Court, and federal Senate must declare their candidacy in the appropriate thread by 2:00:00 PM, Eastern Time, on the Thursday preceding the election in order to appear on the ballot.
6. Except in the month of December, elections for governor, General Court, and federal Senate shall begin on the penultimate Friday of the given month. In December, all elections shall begin on the second Friday of the month. Special Elections are scheduled by the Governor at any date that they deem fit. In all cases, voting shall begin at 12:00:00 AM, Eastern Time, on the appointed day and continue for 72 hours hence.
7. Following the expiration of the voting period, the election administrator shall have 24 hours to produce a tally of the votes cast and to announce the persons elected.
8. All elections shall be by single transferable vote, unless otherwise specified by law.
9. The terms of the Governor and General Court shall begin at 12:00:00 Eastern Time on the first Wednesday following their election. Prior to assuming office, the governor and members shall swear the following oath or equivalent: “I, [A.B.], do solemnly swear (or affirm) that I will faithfully execute the office of [state office name] and will to the best of my ability, preserve, protect and defend the constitutions of Lincoln and the Republic of Atlasia.” Any person elected to office under this constitution who shall fail to swear or affirm the aforesaid within 72 hours of the constitutional commencement of their term, shall forfeit their office.
10. All referendums on proposed amendments to this constitution and to the constitution of the Republic of Atlasia shall begin on the first Friday following their passage by the appropriate body; but if the passage shall occur on a Thursday, the referendum shall begin on the second Friday following passage. The appropriate election administrator shall open the voting booth at 12:00:00 AM, Eastern Time. Voting shall continue for 72 hours, and no vote cast more than 72 hours after the voting booth was opened shall be considered valid.
11. In all referendums, a “YES” vote shall be considered a vote in favor of passing the referendum and a “NO” vote shall be considered a vote against passing the referendum. Abstentions shall not affect the results of the referendum. In all cases, a simple majority of those voting “YES” or “NO” shall be required to pass the referendum.
Article V: Amendments
1. The General Court shall have the power to propose amendments to this constitution by a two-thirds vote.
2. Lincoln shall ratify amendments to the constitution of the Republic of Atlasia by public referendum.

[AGA]

Why is it called the General Court?

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Why is it called the General Court?

That was the name suggested a few pages back and agreed to by several commenters. It was offered as an amendment on page 5 and no objection was offered.

[S019]

2 month elections is not a good idea, I object. Frequent elections result in voter fatigue, and also as I said earlier, new players are not as good at campaigning.

[AGA]

2 month elections is not a good idea, I object. Frequent elections result in voter fatigue, and also as I said earlier, new players are not as good at campaigning.

How would it result in voter fatigue when the House already has two-month elections?

[S019]

2 month elections is not a good idea, I object. Frequent elections result in voter fatigue, and also as I said earlier, new players are not as good at campaigning.

How would it result in voter fatigue when the House already has two-month elections?

Many voters will opt to only vote in one election, also House terms should be longer.

[AGA]

2 month elections is not a good idea, I object. Frequent elections result in voter fatigue, and also as I said earlier, new players are not as good at campaigning.

How would it result in voter fatigue when the House already has two-month elections?

Many voters will opt to only vote in one election, also House terms should be longer.

Well, I'm sure turnout would be even lower in three-month elections, and four months is just too long for the Court to keep up with the changing opinion of the electorate. We have no control over the length of House terms, so that's not really relevant.

[Sestak]

Bro the region is literally holding Senate elections every two months as well. This only adds onto that ballot. There will be fewer elections under this constitution because no off-month generals. Not more.

[Sestak]

Also f**k off with the seven member bulls**t please. It helps nothing and has literally never been successful.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

The reasons for the 9=7 clause have been spelled out upthread. I'm not willing to discuss that further, and would not support a constitution without that clause.

The region has previously voted on this issue as well, and voted to keep the 9=7 clause.

[Unconditional Surrender Truman]

Why is it called the General Court?

It is the traditional name of the legislature of several New England states. Some people wanted a more uniquely Northern name than "Chamber of Deputies" and it was one of the ones I suggested.

[Sestak]

The reasons for the 9=7 clause have been spelled out upthread. I'm not willing to discuss that further, and would not support a constitution without that clause.

The region has previously voted on this issue as well, and voted to keep the 9=7 clause.

Do what you want then. Lincoln's commitment to remaining as dysfunctional as it possibly can is always rather amusing to see.

Also lmao @ suburban trying to poison pill this whole effort. Hilarious.

[KaiserDave]

Vote YES on two months folks

[S019]

It is very annoying that people keep posting in this thread accusing of delaying and whatnot, when they opposed the four month term that did pass the legislature. Quite frankly, it's pretty clear they only care what the legislature thinks when it agrees with them.