Constitutional Amendment to Create a House of Representatives

[Ebowed]

Constitutional Amendment to Create a House of Representatives

Amendment Section 1: Modification of Article 1 of the Constitution

Article 1 of the Constitution shall be re-written as follows:

Section 1: The Senate

All legislative Powers herein granted shall be vested in a Congress of the Republic of Atlasia, which shall consist of a Senate and House of Representatives.

Section 2: The House of Representatives

   1. Each Region shall have a number of Representatives based on its population, but each Region shall have at least one Representative.
   2. The Method and Frequency of apportionment shall decided upon in the same manner as the proposition of a Bill.
   3. No Person shall be a Representative who has not attained a fifty or more posts, and is not a registered voter in the Region that they represent.
   4. A Representative shall serve for a term of two months, with no limit on the number of terms s/he may serve.
   5. The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.


Section 3: The Senate

   1. The Senate shall be composed of ten Senators, each with a term of four months. Five Senators shall be elected from Districts and Five Senators shall be elected from Regions
   2. No Person shall be a Senator who has not attained a hundred or more posts, and is not a registered voter in the District or Region that they represent.
   3. The Vice President of the Republic of Atlasia shall be the President of the Senate, but shall have no vote unless they be equally divided.
   4. The Senate shall choose their other officers, and also a President Pro Tempore, who shall act as President of the Senate in the absence of the Vice President.
   5. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the Republic of Atlasia is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
   6. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office for a time period explicitly specified in the Articles of Impeachment.


Section 4: Regular Election to Congress

   1. The Senate shall be divided into two classes: Class A, which shall comprise the Senators elected from the Regions, and Class B, which shall comprise the Senators elected from the Districts.
   2. Elections for the Senate Seats in Class A shall be held in the months of February, June and October; Elections for the seats in Class B shall be held in the months of April, August and December. Election for House Seats shall be held at the same time as both the Class A and B Senate Seats.
   3. Elections shall take place on the weekend which includes the second Friday in the month of December and the weekend which includes the second to last Friday of all other months in which an election shall be scheduled.
   4. The voting booth administrator may open voting at a time when s/he is able but laws may be passed putting requirements on when the voting booth must be opened and when a noticed of such time must be posted. Once opened, voting will be allowed for exactly 72 hours.
   5. Congress shall have necessary power to determine regulations for the procedure of and the form of Congressional elections and shall have necessary power to determine a procedure for declaration of candidacy for such elections. All elections to Congress shall be by public post.
   6. Those elected in ordinary elections to Congress shall take office at noon Eastern Standard Time on the first Friday in the month after their election. Those elected in special elections to the Senate shall take office as soon as the result of their election has been formally declared.


Section 5: Filling a Vacancy to Congress

   1. If a vacancy shall occur in a Regional Senate seat, then the Region shall have the right to fill the seat in any manner it so chooses.
   2. If a vacancy shall occur in either a District Senate seat or a House seat and there are more than two weeks remaining in the term, an election shall be held over a weekend within ten days of the vacancy.
   3. If the electoral system changes, the system used to elect the the seat previously shall be used and the new system shall not go into effect into the next regular election.


Section 6: Congressional Rules and Legislation

   1. The Senate and the House of Representatives each may establish rules for its own proceedings, and with the concurrence of two-thirds of its number, expel a member.
   2. The Senate and the House of Representatives each shall have fulfilled a quorum if a majority of its members are capable of discharging their offices and sworn into office. A quorum of the members of the Senate or House of Representatives shall have voted on any Resolution, Bill, Impeachment or Constitutional Amendment for it to be considered valid.
   3. For any Bill or Resolution to pass the Senate or the House of Representatives, it shall have gained a majority in a valid vote. Before the Bill or Resolution becomes Law, it must be passed by both the Senate and the House of Representatives and then be presented to the President of the Republic of Atlasia, unless it be concerning the rules for the proceedings of the Senate or the House of Representatives. If the President approves, he shall sign it, and it shall become Law. If the President does not approve, he shall return the Bill with his objections to Congress, and it shall not become Law. Upon reconsidering the Bill, if the Senate and House of Representatives each shall approve the legislation by two-thirds of its number, it shall become Law. If a Bill is not returned to Congress by the President within seven days after it shall have been presented to him, it shall become Law regardless.
   4. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
   5. All bills that draw money from the Treasury shall have those clauses which draw money from the Treasury subject to the Line Item Veto Power of the President. Once a bill drawing money from the Treasury shall pass both the Senate and the House of Representatives, it shall be presented to the President; If he does not approve of some of those clauses that draw money from the Treasury, he shall remove them from the bill via his Line Item Veto Power, and then shall sign the bill. In order for the revised bill to become Law it must be passed by the both the Senate and the House of Representatives. If the revised bill is not passed by both the Senate and the House of Representatives, they shall return the original bill to him, and it shall be handled in the same way as a bill under Clause 3 of this Section. If either the Senate or the House of Representatives shall not approve of the revisions made by the President, they may override his Line Item Veto with the concurrence of two-thirds of its number of each, and the original bill shall become Law.

[Ebowed]

Section 7: Powers of Congress

Congress shall have the power save where limited by other provisions in the Constitution-

   1. To lay and collect taxes, duties, imposts and excises, but all duties, imposts and excises shall be uniform throughout the Regions of the Republic of Atlasia and the District of Columbia.
   2. To borrow money on the credit of the Republic of Atlasia and repay such debts.
   3. To regulate commerce with foreign nations.
   4. To provide an area of Freedom, Security and Justice without internal frontiers, and a single market where competition is free and undistorted.
   5. To establish uniform rules of Naturalization and Alienation, Marriage and Divorce, and Adoption and Emancipation of Minors throughout the Republic of Atlasia.
   6. To establish uniform laws on the subjects of Bankruptcies, Contracts, and Incorporation throughout the Republic of Atlasia.
   7. To provide for the Punishment of Fraud in a uniform manner throughout the Republic of Atlasia
   8. To establish coin and currency, which shall be the sole legal tender of the Republic of Atlasia, regulate the value thereof, with respect to other coin and currency.
   9. To fix standards of weights and measures and of such items of commerce as it deems needful throughout the Republic of Atlasia.
  10. To build or regulate the infrastructure needed for communication and transportation.
  11. To promote the Progress of Science and useful Arts, by securing to Authors and Inventors the exclusive Right throughout the Republic of Atlasia to their respective Writings and Discoveries for limited Times which shall not be extended once secured.
  12. To promote Science and the useful Arts by sponsoring researches on diverse subjects.
  13. To promote the Public Health, by the conducting of researches, investigations, experiments, and demonstrations relating to the cause, diagnosis, and treatment of medical disorders and by assisting and fostering such research activities by public and private agencies.
  14. To protect the Public Health and commerce, by providing for the quarantine, vaccination, and treatment of individuals, animals and plants as needed to prevent the spread of contagious diseases.
  15. To promote the distribution of Knowledge of Science and useful Arts, by assisting and fostering persons seeking to be educated, to provide education, or to produce educational materials.
  16. To provide for the humanitarian relief of the distress caused by unpredictable events of natural or man-made origin.
  17. To provide for systems of Insurance and Annuity for Unemployment, Disability, and Retirement.
  18. To have sole power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning captures on land and water;
  19. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations.
  20. To promote Comity between Nations by engaging in such activities with other Nations as are of mutual benefit.
  21. To provide for the common defense of the Republic of Atlasia.
  22. To raise and support armed forces and to make rules for the government and regulation of the armed forces of the Republic of Atlasia.
  23. To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.
  24. To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the Republic of Atlasia, reserving to the Regions respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by the Senate.
  25. To exercise exclusive legislation, in all cases whatsoever, over such District (not exceeding twelve nautical miles square) as may, by cession of particular Regions, and the acceptance of the Senate, become the seat of the government of the Republic of Atlasia, and to be known as the District of Columbia.
  26. To exercise exclusive legislation, in all cases whatsoever, over all places purchased by the consent of the legislature of the Region in which the same shall be, for the provision of military facilities, courthouses, and other needful buildings.
  27. To exercise exclusive legislation, in all cases whatsoever, over such Territory as may be under the jurisdiction of the Republic of Atlasia, but are not part of any Region.
  28. To create the Executive Departments as it may deem necessary and to assign duties to their officers.
  29. To Suspend the Privilege of the Writ of Habeas Corpus, and to make provision for its Suspension by the executive when the Senate is not in session, but the Privilege shall be Suspended only when in Cases of Rebellion or Invasion the public Safety may require it.
  30. And to make all laws which shall be necessary and proper for carrying into execution the powers enumerated in this section, and all other powers vested by this Constitution in the government of the Republic of Atlasia, or in any department or officer thereof.


Section 8: Powers denied to Congress

   1. No Bill of Attainder or ex post facto Law shall be passed.
   2. No Capitation, or other direct, Tax shall vary depending upon the Region of which the Person it be laid against shall live.
   3. No Tax or Duty shall be laid on Articles exported from any Region.
   4. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one Region over those of another: nor shall Vessels bound to, or from, one Region, be obliged to enter, clear, or pay Duties in another.
   5. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
   6. No Title of Nobility shall be granted by the Republic of Atlasia: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Senate, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
   7. No Law requiring any action to be taken or to be not taken by a Region shall be passed, except to preserve the rights of the Senate or of the People enumerated under the Constitution.


Section 9: Powers denied to the Regions

   1. No Region shall enter into any Treaty, Alliance, or Confederation, save that with the Consent of Congress they may enter into Agreements or Compacts with other Regions for purposes of handling Specific Issues which affect more than one Region but which do not affect the Republic of Atlasia as a Whole.
   2. No Region may issue Coin or Currency or make any Coin or Currency other than that of the Republic of Atlasia a legal tender.
   3. No Region may pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts
   4. No Region may grant any Title of Nobility.
   5. No Region shall, without the Consent of Congress, lay any Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties, laid by any Region on Imports or Exports, shall be for the Use of the Treasury of the Republic of Atlasia; and all such Laws shall be subject to the Control of the Senate.
   6. No Region shall, without the Consent of Congress, lay any Duty of Tonnage.
   7. No Region shall, without the Consent of Congress, maintain Armed Forces in time of Peace.
   8. No Region shall, without the Consent of Congress, enter into any Agreement or Compact with a foreign Power.


Section 10: Budget

   1. Congress shall be responsible for drafting and approving a Budget at the opening of each Congressional session after a Presidential election has been held, with the Preliminary Budget for the fiscal year being drafted and approved in March of the respective year, a Revision of the Budget being drafted and approved in July and the Final Version of the Budget being drafted and approved in November of the respective year.
   2. The GM must provide Congress with comprehensive economic figures (such as GDP estimates, estimates of tax revenue, or needed additional appropriations, etc.) at the above-specified times of drafting and approving each and every budget.
   3. This yearly Budgetary work will comprise an entire Fiscal Year in Atlasia. A Fiscal Year in Atlasia will comprise of one calendar year (12 months).
   4. All Congressional legislation passed in the four (4) months preceding an approval of the Revision or Final Version of the Budget must be included in the Budget of that same Fiscal Year. Any Congressional legislation passed after the Final Version of the Budget has been approved must be included in the Budget for the upcoming Fiscal Year.
   5. Each and every Budget must be approved by a majority vote of both houses of Congress. Only the Final Version of the Budget must be approved and signed into law by the President.
   6. After the Final Version of the Budget is approved by Congress and the President and signed into law, Congress shall appropriate money raised by the Budget as it deems appropriate.


Amendment Section 2: Conditions for Changes to take affect

In addition to Ratification by the regions, before this amendment shall go into affect, the Senate shall pass the following legislation:

   1. Legislation to define the method and frequency of apportionment that determines the number of seats each region shall have in the House of Representatives in accordance with Section 2, Clause 2.
   2. Legislation to define the time and other requirements for congressional elections in accordance with Section 4, Clause 4.
   3. Legislation to define the method of election for the members of the House of Representatives in accordance with Section 4, Clause 5.


Sponsor: Sen. Brandon H

[Brandon H]

Thank you for Mr. PPT for bringing this to the floor.

A while back the idea for a House of Representatives was proposed. Somehow that idea got turned into a Parlement and a complete rewrite of our constitution and how our government is run. I believe that many Atlasians will be receptive to the idea of House of Representatives as long as it does completely alter our form of government.

One argument against this will be that we do not have the numbers required given our low turn out in both the number of candidates we have been having as well as the number of voters. Consider the following: everyone gets to vote  or run for a Senator every two months, a governor every two or four months, and a president and vice president every four months. Not everyone wants to be President and it takes roughly a year for one to work their way up through Atlasia to become the president. So that leaves one able to run for Senator or Governor (or Lt. Governor). If one has a popular incumbent, s/he would be discouraged from running.

A House would create more opportunities for these people to run. Rather than trying to unseat a popular incumbent, if someone wants to serve Atlasia, they will now have another opportunity.

There are a few things that I personally would prefer to do differently, but I sought the opinion of the citizens when writing this. One example is I would have preferred to make all Senators regional since the House would be based on population, but most people preferred our current system of one regional and one district Senator, so I left that as is.

While I am sure this is not the solution to all of Atlasia's problems, I believe this could improve things and I hope that you will support this amendment.

[Јas]

One argument against this will be that we do not have the numbers required given our low turn out in both the number of candidates we have been having as well as the number of voters.

You make reasonable points, but I believe this problem remains. I certianly wouldn't expect many competitive elections.

I would suggest that for this to work the number of Senators would have to be reduced, and that the prohibition against holding two offices would have to be at least amended.

[True Federalist (진정한 연방 주의자)]

I just don't see us having the numbers to support adding elected offices without removing others.  We have too many uncontested races now and teh primary focus of Atlasia is to be an election simulator, not a government simulator.

[Colin]

There are just not enough people in Atlasia to have a House of Representatives without getting rid of certain other positions such as regional offices or taking away the provision against people holding multiple offices. You never say precisely how many Representatives there are but going by the number that was in the Third Constitution, which was 15, the number of officials would be 48 people including Regional Justices and Lt. Governors as well as the moderator and Deputy SoFA. Without those positions there would be 39 people in government. A total of 61 people voted in the last election. That would mean that in order for all offices to be filled 65% of the people who bothered to vote in the last election would have to be office holders. That would leave very few people who are actually able to be opponents for these various positions.

So, as I have said before, it would be impossible to have a House of Representatives without getting rid of some other position. The most likely candidate positions to be taken out of Atlasia are the regional positions. That would take the entire number of positions down to 34, which is 55% of the voting populace as calculated by those who showed up to vote in the last election. By, in turn, pruning, so to speak, the Senate via reducing district seats or making the Senate all elected from districts would reduce it further. That's the only way that I could see this working.

The reason I also suggested some form of party-list PR early in the debate concerning a House of Representatives, still a horrible name I would vote against anything that has the name House of Representatives in it, was that it would reduce the amount of people necessary to keep races competitive in comparison to single districts. You would only need 2-4 people to run on each party list for the entire country using a 15 seat lower house whereas you would need a much greater number if the House was elected in some district system akin to the Senate.

[Brandon H]

What I have in mind is that the number of Representatives per region would be the nearest multiple of 5 of that regions population as of the number of voters in the last Presidential Election. Ex. between 8 and 12 is 2 while 13 - 17 would be 3. This would be roughly 20% of the population. For the elections there would be some form of Single Transferable Vote. (Section two of the amendment states that before going into affect, the above must be passed via legislation.)

I would like to hear from a few other Senate members first, but, given that this would create enough offices that would be roughly 2/3 of Atlasia in some office, I am willing to
a) table the amendment until Atlasia's population reaches 100 or
b) add a stipulation that this amendment shall not go into affect until the population of Atlasia reaches 100.

[Јas]

With sufficient numbers in Atlasia, I'd have no problem with a lower house. However, as it is elections are not fiercely competitive. I would fear that adding the number of positions suggested would end all competitive elections in Atlasia thereby actually aiding it's 'decline'.

[Brandon H]

I would like to introduce an Amendment that would rewrite section 2 as follows:

Amendment Section 2: Conditions for Changes to take affect

In addition to Ratification by the regions, before this amendment shall go into affect, the following shall occur:

A. The Senate shall pass the following legislation:
   1. Legislation to define the method and frequency of apportionment that determines the number of seats each region shall have in the House of Representatives in accordance with Section 2, Clause 2.
   2. Legislation to define the time and other requirements for congressional elections in accordance with Section 4, Clause 4.
   3. Legislation to define the method of election for the members of the House of Representatives in accordance with Section 4, Clause 5.

B. The population of Atlasia (based on the number of votes cast in the preceding Presidential Election) must reach 100.

[I spent the winter writing songs about getting better]

I agree with Sen. Ernest.

[Colin]

Well I'd be fine with the 100 people idea however the thought of having 100 people in Atlasia again is at best very far off.

[Ebowed]

We are voting to amend Section 2 as follows:

Section 2: Conditions for Changes to take affect

In addition to Ratification by the regions, before this amendment shall go into affect, the following shall occur:

A. The Senate shall pass the following legislation:
   1. Legislation to define the method and frequency of apportionment that determines the number of seats each region shall have in the House of Representatives in accordance with Section 2, Clause 2.
   2. Legislation to define the time and other requirements for congressional elections in accordance with Section 4, Clause 4.
   3. Legislation to define the method of election for the members of the House of Representatives in accordance with Section 4, Clause 5.

B. The population of Atlasia (based on the number of votes cast in the preceding Presidential Election) must reach 100.

---

Aye

[Colin]

Aye though I doubt this will ever be inacted if this article is put in place.

[Brandon H]

Aye

[True Federalist (진정한 연방 주의자)]

Aye

[Јas]

Aye

[Ebowed]

The amendment passes.

[Ebowed]

We are voting on final passage of this constitutional amendment.

[Brandon H]

Aye

[Colin]

Aye

EDIT: Just to give all of you a good impression of my vote on this. I want the people to decide concerning this amendment. Personally I'm opposed for a variety of factors, the automatic approval if numbers go above 100 is rather troubling now that I look back on it and I still don't believe that a House of Representatives would work well in a regionally based system or without a parliamentary element involved. Also the name is horrid, maybe it is just my complete displeasure in the American system of government but the name is so dull and boring. But I consider that major changes such as this need to be decided by the will of the people.

[True Federalist (진정한 연방 주의자)]

Nay

[Јas]

Aye

I'm not sure if 100 is actually the right level to have in this instance, as should it be implemented I imagine we'll find ourselves moving from competitive elections (with a voting population in the 80-99 range) to very uncompetitive elections again.

However as a significant forum affairs reform measure, I will vote to let the people decide.

[minionofmidas]

Nay.

[Ebowed]

Nay

[DownWithTheLeft]

Aye

I am in favor and also want people to decide