L.C. 10.19 - Third Lincoln Constitution

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

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 first General Court's first order of business after electing a Speaker 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 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 deputy of the General Court who is not a citizen of this region, and no person shall remain a deputy 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 General 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 General 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 deputy may be elected. If required, A special election for the General Court shall begin on the Friday following the creation of the vacancy; but if the vacancy shall occur on a Wednesday or Thursday, the special election shall begin on the second Friday following the creation of the vacancy.
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 or below 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 deputy 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 deputy 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 deputies 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. A special election for Governor shall begin on the Friday following the creation of the vacancy; but if the vacancy shall occur on a Wednesday or Thursday, the special election shall begin on the second Friday following the creation of the vacancy; but if this would make such election concurrent with or later than the next regular election, the special shall be cancelled and the acting official will serve the rest of the term.
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 Wednesday or Thursday, the special election shall begin on the second Friday following the creation of the vacancy;but if this would make such election concurrent with or later than the next regular election, the special shall be cancelled and the interim official will serve the rest of the term.
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 General 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 deputy, shall administer the election.
4. Elections for governor 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.
- a. Notwithstanding any other provision of this document or the top matter accompanying it, a special election for the remainder of the current gubernatorial term shall be held in June 2021 concurrent with General Court Elections, after which elections shall follow the schedule dictated above.
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 deputies 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.
12. If a Special Election for any office is scheduled to occur 168 hours or fewer before a Regular Election for any office, it shall be:
- Held Concurrently with said regular election if for a different office than the regular election
- Cancelled if said regular election is for the same office, with the acting official serving the rest of the term.
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.

Occupying: Government Slot 7 of 12
Sponsor: Speaker Dwarven Dragon

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

This is a sound replacement to the Philadelphia Plan that will return to our presidential system of the past, with common sense improvements like the retention of the redraft provision, full accounting for DST, and the elimination of the possibility of a 3 member council.

I will say at the outset that I want this to be an open debate, with comments welcomed from all sides. If we are ready to pass this during final business week, we will. But I want everyone to take the time to read the constitution in full, and make any suggestions they have. This will not be a rushed debate.

As I've said in the past, it's clear that the Philadelphia Plan not only failed to solve the problem it purported to solve, but it also added needless bureaucracy and confusion, and the confusing process by which it was ratified misled the populace until it was too late. I want to promise from the outset that there will not be any other constitutional amendment proposed such that it would be up at the same time as this. Voters will have a straight vote on this, and it will be clear what is being voted on.

With that, I urge passage.

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

So, uh, do people prefer Deputies or Delegates as the name for the members of the legislature? I used deputies in the top matter because that was what Kaiser used in the bill of rights, but I don't really care and we can change everything to say Delegates if that sounds better or whatever.

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

Amendment:

2. The Chamber shall consist of five members, except when there are 9 nine or more candidates on the ballot in a regular election, in which case it shall be 7 seven, chosen every second third month by the eligible voters of Lincoln, according to a method of proportional representation prescribed by law.
----

4. Elections for governor shall be held in the months of April, August, and December. Elections for the Chamber shall be held in the months of FebruaryJanuary, April, June July, August, and October, and December.

This fixes one of Truman's things (I'm going to let some debate happen on the chamber name before I offer anything there), and moves the Legislative Elections back to a three month interval.

Hopefully this can be done without a vote.

----

I also believe that the division of executive power between the Governor and the Chancellor is a good thing as it prevents any one individual from becoming too powerful.

The division between the Governor and Chancellor is one of the key problems with the Philadelphia plan, and to not end it would be to defeat the whole point of its repeal. It adds unneeded confusion and bureaucracy for little gain. Having to have 3 people (Governor, Chancellor, Speaker) constantly active to keep the government functioning is difficult. While we did eliminate the "Chancellor can't be Speaker" rule recently, in the immediate wake of it no one really wants to take advantage of that elimination, so not like it really solved anything, and it doesn't even try to solve the complicated thorny situation of what the Governor is supposed to do and what the Chancellor is supposed to do in areas like executive orders.

bringing back veto referendums to allow the people to decide on matters where the Governor and legislature agree would be wise.

First off I assume you meant to use a disagree here? In any case, I'm not necessarily opposed to it, but I understand the arguments against it (can force people to the polls too frequently, turns the governor into something of a figurehead, etc), and in deference to the will of the governor, I will not change it. I will note that the document retains the 2/3 veto override like we currently have, and the governor is not allowed to use the redraft provision if 2/3's support exists, so your assertion that one person can override five is incorrect - if the chamber is 4-1 or unanimous (or in a 7 member chamber: 5-2, 6-1, or unanimous), the governor's view is immaterial because he can be overridden.

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

Chamber of Aldermen maybe?

Chamber of Legislative Scholars?

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

snip

So, uh, what happens if the original bill passed by less than 2/3, gets redrafted, but the legislature rejects the redraft? From the text you drafted, the bill would seem to go into some sort of limbo where no one can take any action...

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

snip

So, uh, what happens if the original bill passed by less than 2/3, gets redrafted, but the legislature rejects the redraft? From the text you drafted, the bill would seem to go into some sort of limbo where no one can take any action...

I assumed that would be a hard veto, since that's what this bill creates?

Hmmm, perhaps, but the text doesn't explicitly say that the redraft is equivalent to a veto. We just had a case a few short weeks ago where the Governor proposed a redraft, and then after the Chamber rejected it, signed the original, so it's not even true that a governor redrafting would veto in all cases. While such instances may be rare, it's important we iron them out, lest this become the next lawsuit from Tack50.

Additionally your text appears to require an even greater standard than the veto override - the veto override is two thirds, while this is greater than two thirds....

Here's a version of your text I would accept, if you'd be willing to offer this instead:

If the redrafted bill is rejected by the chamber, and the original bill passed the chamber by a greater than two-thirds margin in the Chamber, the original bill shall be sent to referendum. If the redrafted bill is rejected by the Chamber, and the original bill passed by less than two-thirds, the Governor shall be compelled to sign or veto the original bill.

Returning the redraft to the Governor for their decision is in fact what the current constitution does.

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

Okay.

No objection from me to either amendment now.

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

Members have 24 hours to object to any of the amendments. Members need to specify which amendment they are objecting to if they wish to object.

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

I withdraw the amendment mentioned.

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

Amendment:

2. The Chamber shall consist of five members, except when there are 9 nine or more candidates on the ballot in a regular election, in which case it shall be 7 seven, chosen every second fourth month by the eligible voters of Lincoln, according to a method of proportional representation prescribed by law.
----

4. Elections for governor and Chamber shall be held in the months of April, August, and December. Elections for the Chamber shall be held in the months of February, April, June, August, October, December.

24 hours to object to this from the timing of this post.

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

If my amendment did pass, would the language regarding the amount of candidates supersede the language in your amendment?

The two amendments are independent of each other. Mine changes "9" to "nine" and "7" to "seven", while yours adds on new language regarding smaller numbers of candidates. If both are adopted then all of those changes are made.

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

Amendment:

2. The Chamber shall consist of five members, except when there are 9 nine or more candidates on the ballot in a regular election, in which case it shall be 7 seven, chosen every second fourth month by the eligible voters of Lincoln, according to a method of proportional representation prescribed by law.
----

4. Elections for governor and Chamber shall be held in the months of April, August, and December. Elections for the Chamber shall be held in the months of February, April, June, August, October, December.

24 hours to object to this from the timing of this post.

Starting a vote on this.

Aye

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

S019's amendment is very poorly written and riddled with ambiguities, but I would recommend striking "if it has less than two thirds support of the chamber" from the original text, or at least amending it to read "if it shall have passed the chamber with fewer than two-thirds the votes of its membership" to make it absolutely clear what "two-thirds support" means.

Noted, this will be fixed as part of a Separate amendment to be released later tonight.

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

While I agree with the sentiment of what is being proposed, I am concerned it could become a poison pill at the ballot box. Therefore I must oppose the amendment.

I'll start a vote once the current vote has concluded.

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

While I agree with the sentiment of what is being proposed, I am concerned it could become a poison pill at the ballot box. Therefore I must oppose the amendment.

I'll start a vote once the current vote has concluded.

This is a common sense amendment, the ''''right'''' to bear arms has never been absolute and never should be. If some conservatives follow the perverted notion that it allows you to own military grade weapons, which has only been pushed by rabid NRA pawns, I don't view that as an issue. The left and center has enough votes in Lincoln to pass this anyways.

I think adopting the provision would mean universal opposition from conservatives and some from centrists. Given that there are Leftists who will vote against this because they support the Philadelphia Plan, regardless of its content, I do think adopting the amendment would likely guarantee failure of the Constitution at referendum - if not outright failing to get 2/3's support of the Council (See: BJ).

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

This should be ruled frivolous.

As far as I can tell, the Council Rules do not give me any such power.

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

Also this amendment would protect our AWB from malignant attempts by future councils to repeal it, which would lead to a surge in mass shootings, I believe supporting this amendment is the only reasonable course of action.

In fact, this whole conversation reminds me of a conversation on Discord where someone rightly pointed out IRL American laws are way to lax and people promptly noted that results from the absurd idea that the right to own a killer weapon is legal. Such an idea is absurd in basically any other developed country.

Also I fail to see why this so controversial, all it does is make clear that the Council has the right to regulate gun ownership, protecting people from mass shootings shouldn't be controversial.

This is hard for me because I totally would support you if this was a straight vote on guns. But I have to consider the larger proposal at hand. Given that Labor support for a new constitution may not be near unanimous, some centrist/conservative support is needed. Therefore a reconfiguring of the Atlasian equivalent of the second amendment shall have to wait for another day. Ensuring the new constitution has the votes to pass, here and at referendum, is more important.

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

Also this amendment would protect our AWB from malignant attempts by future councils to repeal it, which would lead to a surge in mass shootings, I believe supporting this amendment is the only reasonable course of action.

In fact, this whole conversation reminds me of a conversation on Discord where someone rightly pointed out IRL American laws are way to lax and people promptly noted that results from the absurd idea that the right to own a killer weapon is legal. Such an idea is absurd in basically any other developed country.

Also I fail to see why this so controversial, all it does is make clear that the Council has the right to regulate gun ownership, protecting people from mass shootings shouldn't be controversial.

This is hard for me because I totally would support you if this was a straight vote on guns. But I have to consider the larger proposal at hand. Given that Labor support for a new constitution may not be near unanimous, some centrist/conservative support is needed. Therefore a reconfiguring of the Atlasian equivalent of the second amendment shall have to wait for another day. Ensuring the new constitution has the votes to pass, here and at referendum, is more important.

Would you be open to leaving the first line as is, and just adding the second line?

I believe it is best to vote down the amendment and leave the matter for another day.

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

nay, i'm against putting such ordinary legislation into the counstition.

We're still voting on the last amendment regarding election timing at this stage.

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

The change to 4 month elections passes on a 3-2 vote.

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

I will not support a fixed 5 member legislature.


Some more votes to start up:

Ballot:

2. The Chamber shall consist of five members, 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 running, in which case the number of candidates shall be one less than those contesting the election chosen every second month by the eligible voters of Lincoln, according to a method of proportional representation prescribed by law.

[ ] Aye
[ ] No
[ ] Abstain

5. A well-regulated militia being necessary for the security of a free state, the right of citizens to keep and bear non-military grade arms within reason shall not be completely infringed. No part of this clause shall be interpreted as precluding the Lincoln Chamber from passing gun control measures or other restrictions on gun ownership.

[ ] Aye
[ ] No
[ ] Abstain

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

I will not support a fixed 5 member legislature.


Some more votes to start up:

Ballot:

2. The Chamber shall consist of five members, 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 running, in which case the number of candidates shall be one less than those contesting the election chosen every second month by the eligible voters of Lincoln, according to a method of proportional representation prescribed by law.

[ X] Aye
[ ] No
[ ] Abstain

5. A well-regulated militia being necessary for the security of a free state, the right of citizens to keep and bear non-military grade arms within reason shall not be completely infringed. No part of this clause shall be interpreted as precluding the Lincoln Chamber from passing gun control measures or other restrictions on gun ownership.

[ ] Aye
[X ] No
[ ] Abstain

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

The amendments that were not objected to (regarding religion and redrafting) are adopted.

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

Switching to symbolic Aye on the second since it is failing anyways.

First Amendment (<5 candidates) passes 3-2
Second Amendment (guns) fails 2-3