The Order of Succession, Executive Officer Selection, and Abstentions Omnibus Reform Bill

[Eluvatar]

There has been some grumbling about the SC selecting its own ordering of succession, and following a set (and perhaps anti-democratic) algorithm in doing so.

There has also been a positive suggestion from Limi that it might be beneficial to have the RA able to select certain Ministers if the Delegate is unable or unwilling to, so the government can, well, exist.

Here is a bill that performs both.

EDIT: It now also amends the constitution to definitively allow for abstentions.
EDIT: Final revisions. I moved for a vote.

A bill to amend the Constitution of the North Pacific, enact a law, adopt two Regional Assembly procedures, and resolve on an implementation detail. No part of this bill will take effect unless the entirety of the bill takes effect.

1. Article V, Section 2, Clause 3 shall be struck from the Constitution.

3. From time to time, the Council may, by majority vote, recommend an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. The order of succession shall be determined first, by length of current service on the Council, and if necessary, then by influence level, and then by endorsement level of Council members who have equal levels of service and then, of equal influence level. The Assembly shall immediately vote on the adoption of such recommendation by a majority vote.

2. A new Section 4 to Article II shall be inserted into the Constitution:

Section 4: Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by simple majority vote.
2. The Regional Assembly may remove an Executive Officer by simple majority vote.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

3. A new Law shall be adopted as part of the Legal Code:

Mandatory Ministries Act

1. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific.
2. There will be an Executive Officer charged with welcoming. They will be tasked with ensuring that nations founded in the North Pacific are appropriately greeted, that newcomers to the regional forum and to regional internet relay chats shall be welcomed and helped with any questions, and with the maintenance of regional FAQs.
3. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
4. An Executive Officer may sustain multiple roles defined by this Act.
5. The Regional Assembly may elect an Executive Officer should one of the roles defined by this act remain vacant for seven days or in connection with the Regional Assembly removing the Executive Officer charged with that role.

4. A new procedure will be adopted by the Regional Assembly.

Adoption of an Order of Succession
1. Whenever the Assembly is tasked with adopting an order of succession beyond the Vice Delegate, there will be 2 days for proposing one.
2. A default order of succession by seniority in the Security Council will be considered proposed.
3. If at the end of the proposal period no proposals have been made, the default will be subject to a simple majority vote on the question of whether to adopt it, open for five days.
4. If at the end of the proposal period there is more than one proposal, the several proposals will be subject to a vote on on the question of which of them to adopt, open for five days.
5. If at the conclusion of a vote on adopting an order of succession no order of succession shall have achieved a majority of votes cast, this procedure will begin again.

5. A new procedure will be adopted by the Regional Assembly.

Removing and/or Replacing Executive Officers
1. A legal motion may be filed to remove an executive officer.
2. Such a motion may name a replacement.
3. If seconded, such a motion will move to a vote within two days.
4. The vote on this motion will be open for five days.

6. If this bill passes, the Regional Assembly will then adopt a new line of succession beyond the Vice Delegate as though a member were added to or removed from the Security Council.

7. Article I, Section 2, Clauses 1-3 of the Constitution will be amended:

1. The Constitution and Bill of Rights may only be changed via constitutional amendment in the form of 75% Assembly approval with a three-fourths majority vote in a vote lasting seven days.
2. Proposals for An approved constitutional amendment are immune to is not subject to Delegate veto.
3. All amendments require a quorum of 30% of the RA.

8. Article I, Section 3, Clause 1 of the Constitution will be amended:

1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players with the approval of a majority of votes cast in the Assembly by simple majority vote.

9. Article I, Section 3, Clauses 8-9 will be amended:

8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality vote of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast for a candidate by the members of the Assembly. A quorum is not required.

10. A new Section 5 to Article II shall be inserted into the Constitution:

Section 5: Regional Assembly Voting

1. A quorum is the minimum number of members of the Assembly required to participate through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
2. Abstentions are used to signify a member's participation in a vote, but shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
3. A simple majority vote is a vote in which a majority of those voting for or against a measure vote for it.
4. A fractional majority vote is a vote in which at least that fraction of those voting for or against a measure vote for it. Fractions which may be invoked include two-thirds, three-fifths, and three-fourths.
5. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.

11. Article II, Section 3, Clauses 3-4 will be amended:

3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds supermajority of the Regional Assembly. two-thirds majority vote, with the participation of a quorum.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths supermajority vote. by a three-fifths majority vote.

12. Article II, Section 3, Clause 6 shall be struck from the Constitution.

6. All bills require a quorum of 30% of the RA.

12. Article III, Section 1, Clause 6 will be amended:

6. The Delegate may veto bills passed through the Assembly that do not attain at least 60% supermajority in favor. that have not been approved by a three-fifths majority vote.

13. Article V, Section 1, Clause 3 will be amended:

3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by a two-thirds supermajority vote. two-thirds majority vote.

14. Article V, Section 1, Clauses 5-6 will be amended:

5. If the Council denies, or declines to act on an applicant within 30 days, the Assembly may require the Council to admit such applicant by a two-thirds supermajority vote.
6. The Assembly may terminate an exemption of a particular Council member from Regional Assembly membership for a stated reason by a two-thirds supermajority vote.

15. Article V, Section 3, Clause 6 will be amended:

6. Any removal by the Vice Delegate may be overturned by a two-thirds supermajority vote of the Assembly.

As a result of these amendments I would expect the Constitution to look like:

Spoiler: Constitution

Constitution of The North Pacific

Preamble

We, the people of The North Pacific, recognizing the shortcomings of the previous constitution and united in our loyalty and efforts, hereby undertake to correct any failings by entering into this new Constitution. Out of strife and division, we look to this new document to guide our region into long-lasting peace and prosperity. It is our hope that this Constitution will make The North Pacific a more vibrant region and create a better gameplay environment for all.

Article I: Stipulations

Section 1: Bill of Rights

1. All Nations and/or Players are afforded a list of rights to be detailed in "The Bill of Rights" enacted concurrently with this Constitution.

Section 2: Amendment Procedure

1. The Constitution and Bill of Rights may only be changed via constitutional amendment with the approval of three quarters of votes cast in the Assembly in a vote lasting seven days.
2. An approved constitutional amendment is not subject to Delegate veto.

Section 3: Miscellany

1. The Legal Code shall consist of Laws passed by the Regional Assembly and carried over by agreement from previous governing documents.
2. The Constitution and Bill of Rights shall share full, constitutional authority with all the rights and privileges that come with that authority. The Legal Code is second only to the previous in legal force. In case of conflict in wording, the Constitution and the Bill of Rights take precedence. Any and all other regulations and guidelines are lower in authority than the Legal Code unless otherwise specified.
3. All Government bodies are allowed to create rules for its own governance.
4. The Speaker of the Assembly, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
5. The members of the Judiciary (including the Chief Justice) shall each be elected to 6-month terms.
6. All elections shall be held on the region's official off-site forum.
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..
8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the participating members of the Assembly. A quorum is not required.
10. If any elected official should fail to check into their account for two weeks without prior notice, the dual consent of either the Speaker, the Delegate, or the Chief Justice will commence the special election of a replacement. This replacement will fulfill the remainder of the term.

Section 4: Official off-site regional forums

1. The official regional off-site forum shall be http://s13.zetaboards.com/TNP/.

Article II: Legislative Branch

Section 1: Registration and Membership

1. The Assembly is tasked with creating and maintaining a uniform procedure for membership in and removal from the Assembly.
2. Holding other office in the Government does not eliminate Assembly-members from the rights and obligations of Assembly-members.

Section 2: Speaker of the Assembly

1. The Assembly is led by the Speaker, whose task it is to lay out a uniform set of guidelines by which proposed legislation and other actions may be considered and voted upon.
2. The Speaker decides the order in which bills will be voted upon and is responsible for opening and closing each vote.
3. The Speaker is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet.

Section 3: Legislative Action

1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players by simple majority vote.
2. The Assembly may subpoena members of the Government to give sworn testimony before the Assembly.
3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds majority vote.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths majority vote.
5. The Assembly is granted the power to legislate rules and institutions necessary and proper to carry out the mandates of this Constitution.

Section 4: Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
2. The Regional Assembly may remove an Executive Officer by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

Section 5: Regional Assembly Voting

1. A quorum is the minimum number of members of the Assembly required to participate through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
2. Abstentions are used to signify a member's participation in a vote, but shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
3. A simple majority vote is a vote in which a majority of those voting for or against a measure vote for it.
4. A fractional majority vote is a vote in which at least that fraction of those voting for or against a measure vote for it. Fractions which may be invoked include two-thirds, three-fifths, and three-fourths.
5. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.


Article III: Executive Branch

The authority to formulate and guide regional policy, command the armies, diplomats and intelligence agents in the service of TNP is vested in the Executive Branch. The Executive shall consist of the the Delegate and the Cabinet.

Section 1: Delegate and Vice Delegate

1. The Delegate shall serve as TNP WA Delegate and as Head of State.
2. The Delegate is authorized to style his own title.
3. The Delegate is responsible to ensure the good governance of the Executive Branch of TNP and may appoint and remove at will executive officers from the Assembly to serve at his pleasure. Executive officers must maintain membership in the Assembly.
4. The Delegate is responsible for the legal management and update of the Regional World Factbook Entry.
5. The Delegate is responsible for the security of the region, and is charged with the use of regional controls to eject and ban nations from the region in accordance with the laws of TNP.
6. The Delegate may veto bills passed through the Assembly that have not been approved by a three-fifths majority vote.
7. Each Player may, at most, only serve two terms as Delegate consecutively.
8. In any instance where the Delegate is absent, incapacitated, unwilling or unable to carry out his duties the Vice Delegate shall exercise the powers of the Delegate.
9. The duty of the Vice Delegate is to have the second highest endorsement count. The Delegate shall exercise discretion in banning nations whose endorsement count exceeds that of the Vice-Delegate.

Article IV: Judicial Branch

The Judicial Branch is invested with the powers and obligation to investigate the constitutionality of Government policies, actions, and laws. It is also tasked to provide an impartial platform by which suspects of crimes against the region or against others are tried.

Section 1: Membership and Responsibilities

1. The Chief Justice is responsible for organizing the proper distribution of cases to maintain timeliness and impartiality.
2. The presiding justice shall serve as arbiter of rule disputes, maintain courtroom decorum, and consider all requests of the Court with the intent of pursuing truth impartially.
3. No sitting justice shall fire a request for judicial review.

Section 2: Court Powers

1. The Judiciary is vested with the responsibility to oversee all trial proceedings.
2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.
3. The official opinions crafted as a result of judicial review are to be binding upon all agents, officers, agencies, and Government bodies of TNP. If a policy, action, or law is deemed unconstitutional, any evidence collected via these unconstitutional means is inadmissible in the Assembly or in any TNP court of law.
4. At the request of either (a) any four members of the Regional Assembly who do not currently hold the elected offices of Vice Delegate or as a Justice of the Court, or (b) of the Speaker, or an Assembly member then acting as the presiding officer of the Assembly in the absence of the Speaker, a presiding judicial officer may issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Speaker or members of the Regional Assembly as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

Article V: Security Council

Section 1: Membership
1. The Security Council (Council) shall be composed of trusted Assembly members of The North Pacific meeting Influence and Endorsement Count requirements set by law.
2. The Vice Delegate shall serve as Chair of the Council.
3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by two-thirds majority vote.
4. The Council shall admit by majority vote those applicants who the Council determines are not a Security Risk to the North Pacific.
5. If the Council denies, or declines to act on an applicant within 30 days, the Assembly may require the Council to admit such applicant by a two-thirds majority vote.
6. The Assembly may terminate an exemption of a particular Council member from Regional Assembly membership for a stated reason by a two-thirds majority vote.

Section 2: Powers

1. The Council shall enforce any approved motion of the Assembly to recall the Delegate.
2. The Vice Delegate as President of the Council shall keep record of members of the Council and remove members if empowered to do so by law.

Section 3: Responsibilities

1. Members of the Council shall be responsible for maintaining an endorsement level and influence level consistent with laws concerning endorsement and influence levels.
2. The Council shall submit to the Assembly a proposal to update endorsement level and influence level laws on a regular basis, when required by law.
3. Each member of the Council shall execute an oath of office.
4. Members of the Council are required to remain members of the Assembly unless granted an exemption under Section 1 of this Article.
5. The Council may advise the Delegate and the Speaker of the Assembly concerning existing or potential security threats to the Region.
6. Any removal by the Vice Delegate may be overturned by a two-thirds majority vote of the Assembly.

Article VI: Ejection and Banning

Section 1: Use of Ejection and/or Banning

1. Ejection and/or banning from the region The North Pacific may be prescribed as a punishment for violations of regional laws. Violation of forum Terms Of Service and moderation policies remain the responsibility of forum administration.
2. The Delegate is permitted to eject and/or ban violators of NationStates rules without prior or further consultation from the Government.
3. The Delegate is required to eject and/or ban Nations and/or Players that have been sentenced in the Courts to be ejected or banned from the region for breaking regional laws.
4. The Delegate is to inform the region and the Government of all ejections or bannings carried out in a timely manner.
5. The Delegate, in carrying out these duties, must maintain an adequate level of regional influence.

Section 2: Legal Recourse

1. In the case where a Nation feels that their banning or ejection was unwarranted, they may appeal their case to the full three-person Court that shall have the power to overturn the Delegate's ruling and order the unbanning of the nation.

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Passed The North Pacific Regional Assembly
November 20, 2007

Ratified by The North Pacific Cabinet
December 2 ,2007

As Amended by the Regional Assembly 1 March 2008, 16 May 2008, 28 June 2008, 9 November 2008, 26 November 2008, 3 December 2008, 19 December 2008, 30 December 2008, 10 February 2009, 25 February 2009, 28 April 2009, 27 October 2010, 7 December 2010. 7 February 2011, ?? April 2012. [URL updated 27 July 2010 to reflect forum migration to new software platform.]

 

[Grosseschnauzer]

My concern with this draft insofar as the Security Council is concerned is the lack of any definable standard to determine the order of succession. This opens the process up to "blackballing" one or more S.C. members in favor of other.

Or to allow a political party to engineer a total power play. Either of these would be a bad thing to let happen.

 

[Eluvatar]

What do you mean by blackballing or power play here?

 

[Grosseschnauzer]

A lack of a discernable standard creates opportunities to target a sitting member so as to prevent them from being anywhere near the top of the order of succession, or to target another member who may have outside support in the R.A. to have a favored position.
It makes the entire process a popularity contest rather than using a criteron that encourages stability in such a time (if we;re having to have an SC member become Acting Delegate then there's a real problem.)

A second problem is that the RA has never voted on a line of succession, so who's to say that the current system wouldn't work. Try the current system and see what happens, and then if there's a problem then that is the time to look for alternatives. I sense there's a dislike for what the order would be under the current requirement and that is the real explanation for the proposal.

 

[Eluvatar]

Actually I would say that the fact that we've never had an RA vote is a sign of a failure in the current system.

The current system for order of succession is that the SC may propose a particular set order, but it is not obliged to, nor is the RA obliged to approve it. The RA cannot change the order, but it can decline it.

The end result is we have no order of succession.

The alternative reform, of removing SC or RA approval of the order of succession, is frankly repulsive to me. We're a democracy.

 

[Eluvatar]

Do people think it's a good idea to change the wordings for vote totals to be A) consistent and B) allow abstentions to be abstentions as part of this omnibus bill?

 

[Romanoffia]

I would think that the order of succession to the Delegate would better be determined by constitutional devices rather than by SC itself, succession being a political issue under peace time conditions but functional under times of war or invasion.

Order of succession in practical terms means the avoidance of potentially nasty politics in the event of the recall or failure of a Delegate to perform the job. It also eliminates special elections to fill in the remainder of a term.

I tend to agree with Gross with the caveat that a method of arriving at order of succession (and perhaps the basic concept or structure of the SC) has to have certain safeguards to prevent 'power plays'. Perhaps have one or two members of the SC be elected by the RA to preserve a certain balance of powers?

 

[Grosseschnauzer]

Do people think it's a good idea to change the wordings for vote totals to be A) consistent and B) allow abstentions to be abstentions as part of this omnibus bill?

I don't know; the bill is going to be complex with both constitutional amendments and Legal Code changes:

Here's a start on the language on the majorities in the Constitution; no substantive changes from what has been followed, but it neutralizes the court decision with explicit language on majorities of what, refers to each proportion the same way and makes clear the requirements on quorum and on abstentions.

This is what I have as a first draft, hoping I got all the codes right.

Article I, Section 2:

1. The Constitution and Bill of Rights may only be changed via constitutional amendment in the form of 75% Assembly approval in a vote lasting seven days. by a constitutional amendment approved by a three-quarters majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.
2. Proposals forAn approved constitutional amendment are immune to is not subject to Delegate veto.
3. All amendments require a quorum of 30% of the RA.

Article I, Section 3:

8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality vote of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the participating members of the Assembly. A quorum is not required.

A new Clause 11, 12, and 13 in Article I, Section 3, to read:

11. A quorum is the minimum number of members of the Assembly required to act through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
12. Abstentions shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to demonstrate the participation of a quorum, or for activity or other purposes.
13. Except as otherwise adopted by the Assembly as a Law, voting in all other matters other than elections and procedural matters shall last for seven days. Except as otherwise adopted by the Assembly as a procedural rule, votes on procedural matters shall last for five days. The length of voting periods in elections shall be adopted by the Assembly as a Law.

Article II, Section 3:
3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds supermajority of the Regional Assembly. two-thirds majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths supermajority vote. by a three-fifths majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.

Article III, Section 1:
6. The Delegate may veto bills passed through the Assembly that do not attain at least 60% supermajority in favor. that have not been approved by a three-fifths majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.

Article V, Section 1:
3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by a two-thirds supermajority vote. two-thirds majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.

Article V, Section 2:
3. From time to time, the Council may, by majority vote, recommend an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. The order of succession shall be determined first, by length of current service on the Council, and if necessary, then by influence level, and then by endorsement level of Council members who have equal levels of service and then, of equal influence level. The Assembly shall immediately vote on the adoption of such recommendation by a majority vote. two-thirds majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.

I can only find one change in the current Legal Code that would be required; that's in Law 14:



TNP LAW 14 on Wartime Provisions. Section 1.

Section 1: Wartime Provisions

No player maintaining a nation in a region at war with TNP may maintain a nation within TNP, or participate in the governance thereof, for the duration of hostilities. Any player found doing so will be stripped of membership in the Regional Assembly and subject to banishment from the region. A "region at war" is any region which has made a formal declaration, or made acts of war against The North Pacific, or vice versa, as deemed by decision by a majority of the votes cast by the participating members of the Regional Assembly, with the participation of a quorum. War does not constitute actions taken by or against the North Pacific Army unless the conflict meets the conditions above. A state of war exists until a formal peace treaty, surrender terms, or similar, is/are recognized.

 

[Grosseschnauzer]

In the definition of an abstention, after sleeping on this overnight, I think the word "demonstrate" would be better than "determine" as it would not imply a separate vote or roll call just to show that a quorum was there due to any abstentions. (Although a week's vote solely to show that a quorum is present is just a tad absurd.) I've edited my post above to reflect this change. I've also added a clause that reflects the use of abstentions that is listed in the definitions of Law 26

 

[Eluvatar]

Adding in an automatic option to order by seniority in the RA procedure, amending constitution to allow abstentions.

A bill to amend the Constitution of the North Pacific, enact a law, adopt two Regional Assembly procedures, and resolve on an implementation detail. No part of this bill will take effect unless the entirety of the bill takes effect.

1. Article V, Section 2, Clause 3 shall be struck from the Constitution.

3. From time to time, the Council may, by majority vote, recommend an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. The order of succession shall be determined first, by length of current service on the Council, and if necessary, then by influence level, and then by endorsement level of Council members who have equal levels of service and then, of equal influence level. The Assembly shall immediately vote on the adoption of such recommendation by a majority vote.

2. A new Section 4 to Article II shall be inserted into the Constitution:

Section 4: Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
2. The Regional Assembly may remove an Executive Officer by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

3. A new Law shall be adopted as part of the Legal Code:

Mandatory Ministries Act

1. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific.
2. There will be an Executive Officer charged with welcoming. They will be tasked with ensuring that nations founded in the North Pacific are appropriately greeted, that newcomers to the regional forum and to regional internet relay chats shall be welcomed and helped with any questions, and with the maintenance of regional FAQs.
3. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
4. An Executive Officer may sustain multiple roles defined by this Act.
5. The Regional Assembly may elect an Executive Officer should one of the roles defined by this act remain vacant for seven days or in connection with the Regional Assembly removing the Executive Officer charged with that role.

4. A new procedure will be adopted by the Regional Assembly.

Adoption of an Order of Succession
1. Whenever the Assembly is tasked with adopting an order of succession beyond the Vice Delegate, there will be 2 days for proposing one.
2. A default order of succession by seniority in the Security Council will be considered proposed.
3. If at the end of the proposal period no proposals have been made, the default will be subject to a simple majority vote on the question of whether to adopt it, open for five days.
4. If at the end of the proposal period there is more than one proposal, the several proposals will be subject to a vote on on the question of which of them to adopt, open for five days.
5. If at the conclusion of a vote on adopting an order of succession no order of succession shall have achieved a majority of votes cast, this procedure will begin again.

5. A new procedure will be adopted by the Regional Assembly.

Removing and/or Replacing Executive Officers
1. A legal motion may be filed to remove an executive officer.
2. Such a motion may name a replacement.
3. If seconded, such a motion will move to a vote within two days.
4. The vote on this motion will be open for five days.

6. If this bill passes, the Regional Assembly will then adopt a new line of succession beyond the Vice Delegate as though a member were added to or removed from the Security Council.

7. Article I, Section 2, Clauses 1-3 of the Constitution will be amended:

1. The Constitution and Bill of Rights may only be changed via constitutional amendment in the form of 75% Assembly approval with the approval of three quarters of votes cast in the Assembly in a vote lasting seven days.
2. Proposals for An approved constitutional amendment are immune to is not subject to Delegate veto.
3. All amendments require a quorum of 30% of the RA.

8. Article I, Section 3, Clause 1 of the Constitution will be amended:

1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players with the approval of a majority of votes cast in the Assembly.

9. Article I, Section 3, Clauses 8-9 will be amended:

8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality vote of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the participating members of the Assembly. A quorum is not required.

10. New clauses 11, 12, and 13 in Article I, Section 3, shall be inserted into the Constitution:

11. A quorum is the minimum number of members of the Assembly required to act through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
12. Abstentions shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
13. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.

11. Article II, Section 3, Clauses 3-4 will be amended:

3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds supermajority of the Regional Assembly. two-thirds majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths supermajority vote. by a three-fifths majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.

12. Article II, Section 3, Clause 6 shall be struck from the Constitution.

6. All bills require a quorum of 30% of the RA.

12. Article III, Section 1, Clause 6 will be amended:

6. The Delegate may veto bills passed through the Assembly that do not attain at least 60% supermajority in favor. that have not been approved by a three-fifths majority of the votes cast by the participating members of the Assembly.

13. Article V, Section 1, Clause 3 will be amended:

3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by a two-thirds supermajority vote. two-thirds majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.

As a result of these amendments I would expect the Constitution to look like:

Spoiler: Constitution

Constitution of The North Pacific

Preamble

We, the people of The North Pacific, recognizing the shortcomings of the previous constitution and united in our loyalty and efforts, hereby undertake to correct any failings by entering into this new Constitution. Out of strife and division, we look to this new document to guide our region into long-lasting peace and prosperity. It is our hope that this Constitution will make The North Pacific a more vibrant region and create a better gameplay environment for all.

Article I: Stipulations

Section 1: Bill of Rights

1. All Nations and/or Players are afforded a list of rights to be detailed in "The Bill of Rights" enacted concurrently with this Constitution.

Section 2: Amendment Procedure

1. The Constitution and Bill of Rights may only be changed via constitutional amendment with the approval of three quarters of votes cast in the Assembly in a vote lasting seven days.
2. An approved constitutional amendment is not subject to Delegate veto.

Section 3: Miscellany

1. The Legal Code shall consist of Laws passed by the Regional Assembly and carried over by agreement from previous governing documents.
2. The Constitution and Bill of Rights shall share full, constitutional authority with all the rights and privileges that come with that authority. The Legal Code is second only to the previous in legal force. In case of conflict in wording, the Constitution and the Bill of Rights take precedence. Any and all other regulations and guidelines are lower in authority than the Legal Code unless otherwise specified.
3. All Government bodies are allowed to create rules for its own governance.
4. The Speaker of the Assembly, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
5. The members of the Judiciary (including the Chief Justice) shall each be elected to 6-month terms.
6. All elections shall be held on the region's official off-site forum.
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..
8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the participating members of the Assembly. A quorum is not required.
10. If any elected official should fail to check into their account for two weeks without prior notice, the dual consent of either the Speaker, the Delegate, or the Chief Justice will commence the special election of a replacement. This replacement will fulfill the remainder of the term.
11. A quorum is the minimum number of members of the Assembly required to act through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
12. Abstentions shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
13. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.

Section 4. Official off-site regional forums

1. The official regional off-site forum shall be http://s13.zetaboards.com/TNP/.

Article II: Legislative Branch

Section 1: Registration and Membership

1. The Assembly is tasked with creating and maintaining a uniform procedure for membership in and removal from the Assembly.
2. Holding other office in the Government does not eliminate Assembly-members from the rights and obligations of Assembly-members.

Section 2: Speaker of the Assembly

1. The Assembly is led by the Speaker, whose task it is to lay out a uniform set of guidelines by which proposed legislation and other actions may be considered and voted upon.
2. The Speaker decides the order in which bills will be voted upon and is responsible for opening and closing each vote.
3. The Speaker is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet.

Section 3: Legislative Action

1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players with the approval of a majority of votes cast in the Assembly.
2. The Assembly may subpoena members of the Government to give sworn testimony before the Assembly.
3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.
5. The Assembly is granted the power to legislate rules and institutions necessary and proper to carry out the mandates of this Constitution.

Section 4: Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
2. The Regional Assembly may remove an Executive Officer by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

Article III: Executive Branch

The authority to formulate and guide regional policy, command the armies, diplomats and intelligence agents in the service of TNP is vested in the Executive Branch. The Executive shall consist of the the Delegate and the Cabinet.

Section 1: Delegate and Vice Delegate

1. The Delegate shall serve as TNP WA Delegate and as Head of State.
2. The Delegate is authorized to style his own title.
3. The Delegate is responsible to ensure the good governance of the Executive Branch of TNP and may appoint and remove at will executive officers from the Assembly to serve at his pleasure.. Executive officers must maintain membership in the Assembly.
4. The Delegate is responsible for the legal management and update of the Regional World Factbook Entry.
5. The Delegate is responsible for the security of the region, and is charged with the use of regional controls to eject and ban nations from the region in accordance with the laws of TNP.
6. The Delegate may veto bills passed through the Assembly that have not been approved by a three-fifths majority of the votes cast by the participating members of the Assembly.
7. Each Player may, at most, only serve two terms as Delegate consecutively.
8. In any instance where the Delegate is absent, incapacitated, unwilling or unable to carry out his duties the Vice Delegate shall exercise the powers of the Delegate.
9. The duty of the Vice Delegate is to have the second highest endorsement count. The Delegate shall exercise discretion in banning nations whose endorsement count exceeds that of the Vice-Delegate.

Article IV: Judicial Branch

The Judicial Branch is invested with the powers and obligation to investigate the constitutionality of Government policies, actions, and laws. It is also tasked to provide an impartial platform by which suspects of crimes against the region or against others are tried.

Section 1: Membership and Responsibilities

1. The Chief Justice is responsible for organizing the proper distribution of cases to maintain timeliness and impartiality.
2. The presiding justice shall serve as arbiter of rule disputes, maintain courtroom decorum, and consider all requests of the Court with the intent of pursuing truth impartially.
3. No sitting justice shall fire a request for judicial review.

Section 2: Court Powers

1. The Judiciary is vested with the responsibility to oversee all trial proceedings.
2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.
3. The official opinions crafted as a result of judicial review are to be binding upon all agents, officers, agencies, and Government bodies of TNP. If a policy, action, or law is deemed unconstitutional, any evidence collected via these unconstitutional means is inadmissible in the Assembly or in any TNP court of law.
4. At the request of either (a) any four members of the Regional Assembly who do not currently hold the elected offices of Vice Delegate or as a Justice of the Court, or (b) of the Speaker, or an Assembly member then acting as the presiding officer of the Assembly in the absence of the Speaker, a presiding judicial officer may issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Speaker or members of the Regional Assembly as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

Article V: Security Council

Section 1: Membership
1. The Security Council (Council) shall be composed of trusted Assembly members of The North Pacific meeting Influence and Endorsement Count requirements set by law.
2. The Vice Delegate shall serve as Chair of the Council.
3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by two-thirds majority of the votes cast by the participating members of the Assembly, with the participation of a quorum.
4. The Council shall admit by majority vote those applicants who the Council determines are not a Security Risk to the North Pacific.
5. If the Council denies, or declines to act on an applicant within 30 days, the Assembly may require the Council to admit such applicant by a two thirds supermajority vote.
6. The Assembly may terminate an exemption of a particular Council member from Regional Assembly membership for a stated reason by a two-thirds supermajority vote.

Section 2: Powers

1. The Council shall enforce any approved motion of the Assembly to recall the Delegate.
2. The Vice Delegate as President of the Council shall keep record of members of the Council and remove members if empowered to do so by law.

Section 3: Responsibilities

1. Members of the Council shall be responsible for maintaining an endorsement level and influence level consistent with laws concerning endorsement and influence levels.
2. The Council shall submit to the Assembly a proposal to update endorsement level and influence level laws on a regular basis, when required by law.
3. Each member of the Council shall execute an oath of office.
4. Members of the Council are required to remain members of the Assembly unless granted an exemption under Section 1 of this Article.
5. The Council may advise the Delegate and the Speaker of the Assembly concerning existing or potential security threats to the Region.
6. Any removal by the Vice Delegate may be overturned by a two-thirds supermajority vote of the Assembly.

Article VI: Ejection and Banning

Section 1: Use of Ejection and/or Banning

1. Ejection and/or banning from the region The North Pacific may be prescribed as a punishment for violations of regional laws. Violation of forum Terms Of Service and moderation policies remain the responsibility of forum administration.
2. The Delegate is permitted to eject and/or ban violators of NationStates rules without prior or further consultation from the Government.
3. The Delegate is required to eject and/or ban Nations and/or Players that have been sentenced in the Courts to be ejected or banned from the region for breaking regional laws.
4. The Delegate is to inform the region and the Government of all ejections or bannings carried out in a timely manner.
5. The Delegate, in carrying out these duties, must maintain an adequate level of regional influence.

Section 2: Legal Recourse

1. In the case where a Nation feels that their banning or ejection was unwarranted, they may appeal their case to the full three-person Court that shall have the power to overturn the Delegate's ruling and order the unbanning of the nation.

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Passed The North Pacific Regional Assembly
November 20, 2007

Ratified by The North Pacific Cabinet
December 2 ,2007

As Amended by the Regional Assembly 1 March 2008, 16 May 2008, 28 June 2008, 9 November 2008, 26 November 2008, 3 December 2008, 19 December 2008, 30 December 2008, 10 February 2009, 25 February 2009, 28 April 2009, 27 October 2010, 7 December 2010. 7 February 2011, ?? April 2012. [URL updated 27 July 2010 to reflect forum migration to new software platform.]

 

[Eluvatar]

Spoiler: Original first post

There has been some grumbling about the SC selecting its own ordering of succession, and following a set (and perhaps anti-democratic) algorithm in doing so.

There has also been a positive suggestion from Limi that it might be beneficial to have the RA able to select certain Ministers if the Delegate is unable or unwilling to, so the government can, well, exist.

Here is a bill that performs both.

A bill to amend the Constitution of the North Pacific, enact a law, and adopt two Regional Assembly procedures. No part of this bill will take effect unless the entirety of the bill takes effect.

1. Article V, Section 2, Clause 3 shall be struck from the Constitution.

3. From time to time, the Council may, by majority vote, recommend an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. The order of succession shall be determined first, by length of current service on the Council, and if necessary, then by influence level, and then by endorsement level of Council members who have equal levels of service and then, of equal influence level. The Assembly shall immediately vote on the adoption of such recommendation by a majority vote.

2. A new Section 4 to Article II shall be inserted into the Constitution:

Section 4. Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by a majority of votes cast.
2. The Regional Assembly may remove an Executive Officer by simple majority vote.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

3. A new Law shall be adopted as part of the Legal Code:

Mandatory Ministries Act

1. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific.
2. There will be an Executive Officer charged with welcoming. They will be tasked with ensuring that nations founded in the North Pacific are appropriately greeted, that newcomers to the regional forum and to regional internet relay chats shall be welcomed and helped with any questions, and with the maintenance of regional FAQs.
3. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
4. An Executive Officer may sustain multiple roles defined by this Act.
5. The Regional Assembly may elect an Executive Officer should one of the roles defined by this act remain vacant for seven days or in connection with the Regional Assembly removing the Executive Officer charged with that role.

4. A new procedure will be adopted by the Regional Assembly.

Adoption of an Order of Succession
1. Whenever the Assembly is tasked with adopting an order of succession beyond the Vice Delegate, there will be 2 days for proposing one.
2. If at the end of the proposal period there is one proposal, it will be subject to a simple majority vote on the question of whether to adopt it, open for five days.
3. If at the end of the proposal period there is more than one proposal, the several proposals will be subject to a vote on on the question of which of them to adopt, open for five days.
4. If at the conclusion of a vote on adopting an order of succession no order of succession shall have achieved a majority of votes cast, this procedure will begin again.

5. A new procedure will be adopted by the Regional Assembly.

Removing and/or Replacing Executive Officers
1. A legal motion may be filed to remove an executive officer.
2. Such a motion may name a replacement.
3. If seconded, such a motion will move to a vote within two days.
4. The vote on this motion will be open for five days.

6. If this bill passes, the Regional Assembly will then adopt a new line of succession beyond the Vice Delegate as though a member were added to or removed from the Security Council.

Quoting the original proposal for the record.

 

[Grosseschnauzer]

One correction that I would suggest in item 10 of the proposal:

In proposed new clause 12 substitute "demonstrate" in place of "determine":

other than to determine demonstrate the participation of a quorum.

Some of the IRC discussion that I was present for suggest to me that this would make it clear that a separate roll call wouldn't be implied to show that a quorum participated. The verb "demonstrate" I think, better conveys the intent that establishing quorum is part and parcel of the vote, and not a separate activity.

Also, did you note the change I mentioned above as to Law 14, Section 1? It's the only such clause in the current Legal Code.

Edit: Question: why are the references to "supermajority" being retained? All that does with the included proposed changes is make the meaning of "supermajority" even more ambiguous, as in two-thirds of all members, whether present or not, or two-thirds of those who cast a vote on the matter?
That's why I included changes in those other provisions in my draft posted earlier in this thread.

 

[Romanoffia]

I think the complexity of the rules here are becoming quite Byzantine.

 

[Govindia]

One correction that I would suggest in item 10 of the proposal:

In proposed new clause 12 substitute "demonstrate" in place of "determine":

other than to determine demonstrate the participation of a quorum.

Some of the IRC discussion that I was present for suggest to me that this would make it clear that a separate roll call wouldn't be implied to show that a quorum participated. The verb "demonstrate" I think, better conveys the intent that establishing quorum is part and parcel of the vote, and not a separate activity.

Also, did you note the change I mentioned above as to Law 14, Section 1? It's the only such clause in the current Legal Code.

Edit: Question: why are the references to "supermajority" being retained? All that does with the included proposed changes is make the meaning of "supermajority" even more ambiguous, as in two-thirds of all members, whether present or not, or two-thirds of those who cast a vote on the matter?
That's why I included changes in those other provisions in my draft posted earlier in this thread.

A separate roll call is not necessary.

I think we should count votes for abstaining except for Constitutional amendments

 

[Romanoffia]

After reading the entirety of of the latest 'Congress' of the Progressive party, and the comments made there, I'm beginning to think that we need to re-think the SC in toto.

First: A number of comments made there seems to concur with my opinion that the SC has become rather elitist in nature, and an organization in which one person can essentially black-ball any applicant they want for even personal reasons, whether those reasons are ration or not and quite to the detriment of the region.

Second: The order of succession should be determined by the RA and not an elite group that is the SC as a matter of its own determination.

Third: The potential for a 'shadow government' is great under the present arrangement.

Fourth: The SC should not be an organization entirely based upon the influence levels of members - it should also include others in the general decision making process. It should be a more deliberate agent as opposed to purely exclusive to an elite group of power-brokers who control who is in that elite group.

Fiftherpetuation of an exclusive group of unchanging members creates a power-elite. When things don't change, they stagnate which leads to either unrest or apathy, but ultimately some kind of power struggle will eventually result.

Sixth: This perhaps the most important point that everyone seems to ignore or is totally unaware of, and is a point of political theory that that is at the root of most of the problems TNP has had in the past: Elitism.

Why is elitism and exclusivity such a bad thing?

Because by excluding qualified individuals who have the best interest of the region in mind from the system you eventually will lose the benefit of the expertise and experience of those individuals, and, in certain instances, will 'radicalize' a certain percentage of people who feel that such a power elite is immovable and permanent.

Essentially, if a system is not inclusive, it is exclusive and that creates 'outsiders' until the point that the outsiders out-number the elite. This causes unrest which, at best, caused constitutional change in a lawful fashion, or, as it has in the past, caused unlawful power struggles.

The solution to this perpetual problems is to make the SC a purely elected body with staggered term limits in which members elected to the council and after such election, those new members can easily achieve the endorsement levels required and those leaving office can reduce their endorsement levels or be permitted to keep those levels as 'reserve elements' that can be called into service in an emergency.

But primarily, the SC should be a deliberative body as well as a security institution, democratically elected, not a self-perpetuation elite controlled by one bloc of individuals in perpetuity.

Maintaining a power elite structure is not in keeping with democratic principles and doesn't promote security but rather compromises it by creating a growing number of outsiders who will eventually become a sufficient majority to sufficiently express their discontent. It is such a current arrangement in other forms (meaning a self-perpetuating power elite) that has caused 99% of the past problems we have had in our region since the beginning.

And this is why the entire structure of the SC needs to be examined and is illustrated by the current elitist nature of the SC as we have seen demonstrated in the recent past.

 

[Grosseschnauzer]

Roman, you need to drop it for a while. It's coming across as sour grapes at your end.

It's not proving anything else when you post numerous threads that amount to repetitive bitching over your application.

 

[Romanoffia]

Not sour grapes at all, but an illustration of what needs to be changed or reexamined. If I were engaging in sour grapes, you would have no doubt that it was sour grapes. ;D

One of the reasons I applied to the SC in the first place was your recommendation that I do so. At which point I intended to test the 'elitist' qualities of the SC as a government agency. My experiment confirmed my theory as per the elitists nature of the design of the SC. I never expected to be approved for membership, as I have never been an 'insider', as you once put it.

If there are any sour grapes involved (which there isn't) it would be over the undemocratic and elitist nature of the SC as it is now procedurally structured.

Mind you (and everyone else), the one thing that makes me an outsider is that I have always refused to play the 'power game'. I'm not in it for the sake of power for power's sake, nor have I ever been, nor will I ever be. In fact, I like it better when power is wielded by others who aren't motivated by power for power's sake.

Since in any democratic government, the citizens naturally cede a certain amount of their power to those people whom they choose to elect. Those who are elected should act in the interests of those who elected them and by the consent of those who elected them and not by some arbitrary selection process made by the people who have been selected. This is the exact point I am making and if it sounds like sour grapes, then you aren't getting the point at all.

My only goal is to get us all to carefully reexamine a number of salient points concerning the Constitution, its application, it's strengths and shortcomings and to bring reform to the whole structure where needed in a constructive fashion - and to increase the democratic and representative nature of the government to be a servant of the citizens and not their master. It's all about government by the consent of the governed and not much more than that.

 

[Govindia]

Eluvatar, if you want to change the name of this bill, you can make a motion.

 

[Eluvatar]

I move to rename the bill to "The Order of Succession, Executive Officer Selection, and Abstentions Omnibus Reform Bill"

 

[Grosseschnauzer]

I'll second the name change.

 

[Govindia]

A motion has been made to rename this bill from "Security and Cabinet Omnibus Bill" to "The Order of Succession, Executive Officer Selection, and Abstentions Omnibus Reform Bill" by Security Councilman Eluvatar

The motion has been seconded by Speaker Pro Tempore Grosseschnauzer and it is done.

 

[Eluvatar]

You know what I think I'm going to adjust this a bit, put all the abstention-enabling language in one place. See what people think of this variant.

A bill to amend the Constitution of the North Pacific, enact a law, adopt two Regional Assembly procedures, and resolve on an implementation detail. No part of this bill will take effect unless the entirety of the bill takes effect.

1. Article V, Section 2, Clause 3 shall be struck from the Constitution.

3. From time to time, the Council may, by majority vote, recommend an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. The order of succession shall be determined first, by length of current service on the Council, and if necessary, then by influence level, and then by endorsement level of Council members who have equal levels of service and then, of equal influence level. The Assembly shall immediately vote on the adoption of such recommendation by a majority vote.

2. A new Section 4 to Article II shall be inserted into the Constitution:

Section 4: Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
2. The Regional Assembly may remove an Executive Officer by a simple majority vote.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

3. A new Law shall be adopted as part of the Legal Code:

Mandatory Ministries Act

1. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific.
2. There will be an Executive Officer charged with welcoming. They will be tasked with ensuring that nations founded in the North Pacific are appropriately greeted, that newcomers to the regional forum and to regional internet relay chats shall be welcomed and helped with any questions, and with the maintenance of regional FAQs.
3. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
4. An Executive Officer may sustain multiple roles defined by this Act.
5. The Regional Assembly may elect an Executive Officer should one of the roles defined by this act remain vacant for seven days or in connection with the Regional Assembly removing the Executive Officer charged with that role.

4. A new procedure will be adopted by the Regional Assembly.

Adoption of an Order of Succession
1. Whenever the Assembly is tasked with adopting an order of succession beyond the Vice Delegate, there will be 2 days for proposing one.
2. A default order of succession by seniority in the Security Council will be considered proposed.
3. If at the end of the proposal period no proposals have been made, the default will be subject to a simple majority vote on the question of whether to adopt it, open for five days.
4. If at the end of the proposal period there is more than one proposal, the several proposals will be subject to a vote on on the question of which of them to adopt, open for five days.
5. If at the conclusion of a vote on adopting an order of succession no order of succession shall have achieved a majority of votes cast, this procedure will begin again.

5. A new procedure will be adopted by the Regional Assembly.

Removing and/or Replacing Executive Officers
1. A legal motion may be filed to remove an executive officer.
2. Such a motion may name a replacement.
3. If seconded, such a motion will move to a vote within two days.
4. The vote on this motion will be open for five days.

6. If this bill passes, the Regional Assembly will then adopt a new line of succession beyond the Vice Delegate as though a member were added to or removed from the Security Council.

7. Article I, Section 2, Clauses 1-3 of the Constitution will be amended:

1. The Constitution and Bill of Rights may only be changed via constitutional amendment in the form of 75% Assembly approval with a three-fourths majority vote in a vote lasting seven days.
2. Proposals for An approved constitutional amendment are immune to is not subject to Delegate veto.
3. All amendments require a quorum of 30% of the RA.

8. Article I, Section 3, Clause 1 of the Constitution will be amended:

1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players by simple majority vote.

9. Article I, Section 3, Clauses 8-9 will be amended:

8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality vote of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast for a candidate by the members of the Assembly. A quorum is not required.

10. A new Section 5 to Article II shall be inserted into the Constitution:

Section 5: Regional Assembly Voting

1. A quorum is the minimum number of members of the Assembly required to act through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
2. Abstentions shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
3. A simple majority vote is a vote in which a majority of those voting for or against a measure vote for it.
4. A fractional majority vote is a vote in which at least that fraction of those voting for or against a measure vote for it. Fractions which may be invoked include two-thirds, three-fifths, and three-fourths.
5. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.

11. Article II, Section 3, Clauses 3-4 will be amended:

3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds supermajority of the Regional Assembly. two-thirds majority vote, with the participation of a quorum.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths supermajority vote. by a three-fifths majority vote, with the participation of a quorum.

12. Article II, Section 3, Clause 6 shall be struck from the Constitution.

6. All bills require a quorum of 30% of the RA.

12. Article III, Section 1, Clause 6 will be amended:

6. The Delegate may veto bills passed through the Assembly that do not attain at least 60% supermajority in favor. that have not been approved by a three-fifths majority vote.

13. Article V, Section 1, Clause 3 will be amended:

3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by a two-thirds supermajority vote. two-thirds majority vote, with the participation of a quorum.

14. Article V, Section 1, Clauses 5-6 will be amended:

5. If the Council denies, or declines to act on an applicant within 30 days, the Assembly may require the Council to admit such applicant by a two-thirds supermajority vote.
6. The Assembly may terminate an exemption of a particular Council member from Regional Assembly membership for a stated reason by a two-thirds supermajority vote.

15. Article V, Section 3, Clause 6 will be amended:

6. Any removal by the Vice Delegate may be overturned by a two-thirds supermajority vote of the Assembly.

As a result of these amendments I would expect the Constitution to look like:

Spoiler: Constitution

Constitution of The North Pacific

Preamble

We, the people of The North Pacific, recognizing the shortcomings of the previous constitution and united in our loyalty and efforts, hereby undertake to correct any failings by entering into this new Constitution. Out of strife and division, we look to this new document to guide our region into long-lasting peace and prosperity. It is our hope that this Constitution will make The North Pacific a more vibrant region and create a better gameplay environment for all.

Article I: Stipulations

Section 1: Bill of Rights

1. All Nations and/or Players are afforded a list of rights to be detailed in "The Bill of Rights" enacted concurrently with this Constitution.

Section 2: Amendment Procedure

1. The Constitution and Bill of Rights may only be changed via constitutional amendment with the approval of three quarters of votes cast in the Assembly in a vote lasting seven days.
2. An approved constitutional amendment is not subject to Delegate veto.

Section 3: Miscellany

1. The Legal Code shall consist of Laws passed by the Regional Assembly and carried over by agreement from previous governing documents.
2. The Constitution and Bill of Rights shall share full, constitutional authority with all the rights and privileges that come with that authority. The Legal Code is second only to the previous in legal force. In case of conflict in wording, the Constitution and the Bill of Rights take precedence. Any and all other regulations and guidelines are lower in authority than the Legal Code unless otherwise specified.
3. All Government bodies are allowed to create rules for its own governance.
4. The Speaker of the Assembly, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
5. The members of the Judiciary (including the Chief Justice) shall each be elected to 6-month terms.
6. All elections shall be held on the region's official off-site forum.
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..
8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the participating members of the Assembly. A quorum is not required.
10. If any elected official should fail to check into their account for two weeks without prior notice, the dual consent of either the Speaker, the Delegate, or the Chief Justice will commence the special election of a replacement. This replacement will fulfill the remainder of the term.

Section 4: Official off-site regional forums

1. The official regional off-site forum shall be http://s13.zetaboards.com/TNP/.

Article II: Legislative Branch

Section 1: Registration and Membership

1. The Assembly is tasked with creating and maintaining a uniform procedure for membership in and removal from the Assembly.
2. Holding other office in the Government does not eliminate Assembly-members from the rights and obligations of Assembly-members.

Section 2: Speaker of the Assembly

1. The Assembly is led by the Speaker, whose task it is to lay out a uniform set of guidelines by which proposed legislation and other actions may be considered and voted upon.
2. The Speaker decides the order in which bills will be voted upon and is responsible for opening and closing each vote.
3. The Speaker is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet.

Section 3: Legislative Action

1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players with the approval of a majority of votes cast in the Assembly.
2. The Assembly may subpoena members of the Government to give sworn testimony before the Assembly.
3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds majority vote, with the participation of a quorum.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths majority vote, with the participation of a quorum.
5. The Assembly is granted the power to legislate rules and institutions necessary and proper to carry out the mandates of this Constitution.

Section 4: Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
2. The Regional Assembly may remove an Executive Officer by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

Section 5: Regional Assembly Voting

1. A quorum is the minimum number of members of the Assembly required to act through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
2. Abstentions shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
3. A simple majority vote is a vote in which a majority of those voting for or against a measure vote for it.
4. A fractional majority vote is a vote in which at least that fraction of those voting for or against a measure vote for it. Fractions which may be invoked include two-thirds, three-fifths, and three-fourths.
5. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.


Article III: Executive Branch

The authority to formulate and guide regional policy, command the armies, diplomats and intelligence agents in the service of TNP is vested in the Executive Branch. The Executive shall consist of the the Delegate and the Cabinet.

Section 1: Delegate and Vice Delegate

1. The Delegate shall serve as TNP WA Delegate and as Head of State.
2. The Delegate is authorized to style his own title.
3. The Delegate is responsible to ensure the good governance of the Executive Branch of TNP and may appoint and remove at will executive officers from the Assembly to serve at his pleasure.. Executive officers must maintain membership in the Assembly.
4. The Delegate is responsible for the legal management and update of the Regional World Factbook Entry.
5. The Delegate is responsible for the security of the region, and is charged with the use of regional controls to eject and ban nations from the region in accordance with the laws of TNP.
6. The Delegate may veto bills passed through the Assembly that have not been approved by a three-fifths majority vote.
7. Each Player may, at most, only serve two terms as Delegate consecutively.
8. In any instance where the Delegate is absent, incapacitated, unwilling or unable to carry out his duties the Vice Delegate shall exercise the powers of the Delegate.
9. The duty of the Vice Delegate is to have the second highest endorsement count. The Delegate shall exercise discretion in banning nations whose endorsement count exceeds that of the Vice-Delegate.

Article IV: Judicial Branch

The Judicial Branch is invested with the powers and obligation to investigate the constitutionality of Government policies, actions, and laws. It is also tasked to provide an impartial platform by which suspects of crimes against the region or against others are tried.

Section 1: Membership and Responsibilities

1. The Chief Justice is responsible for organizing the proper distribution of cases to maintain timeliness and impartiality.
2. The presiding justice shall serve as arbiter of rule disputes, maintain courtroom decorum, and consider all requests of the Court with the intent of pursuing truth impartially.
3. No sitting justice shall fire a request for judicial review.

Section 2: Court Powers

1. The Judiciary is vested with the responsibility to oversee all trial proceedings.
2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.
3. The official opinions crafted as a result of judicial review are to be binding upon all agents, officers, agencies, and Government bodies of TNP. If a policy, action, or law is deemed unconstitutional, any evidence collected via these unconstitutional means is inadmissible in the Assembly or in any TNP court of law.
4. At the request of either (a) any four members of the Regional Assembly who do not currently hold the elected offices of Vice Delegate or as a Justice of the Court, or (b) of the Speaker, or an Assembly member then acting as the presiding officer of the Assembly in the absence of the Speaker, a presiding judicial officer may issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Speaker or members of the Regional Assembly as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

Article V: Security Council

Section 1: Membership
1. The Security Council (Council) shall be composed of trusted Assembly members of The North Pacific meeting Influence and Endorsement Count requirements set by law.
2. The Vice Delegate shall serve as Chair of the Council.
3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by two-thirds majority vote, with the participation of a quorum.
4. The Council shall admit by majority vote those applicants who the Council determines are not a Security Risk to the North Pacific.
5. If the Council denies, or declines to act on an applicant within 30 days, the Assembly may require the Council to admit such applicant by a two-thirds majority vote.
6. The Assembly may terminate an exemption of a particular Council member from Regional Assembly membership for a stated reason by a two-thirds majority vote.

Section 2: Powers

1. The Council shall enforce any approved motion of the Assembly to recall the Delegate.
2. The Vice Delegate as President of the Council shall keep record of members of the Council and remove members if empowered to do so by law.

Section 3: Responsibilities

1. Members of the Council shall be responsible for maintaining an endorsement level and influence level consistent with laws concerning endorsement and influence levels.
2. The Council shall submit to the Assembly a proposal to update endorsement level and influence level laws on a regular basis, when required by law.
3. Each member of the Council shall execute an oath of office.
4. Members of the Council are required to remain members of the Assembly unless granted an exemption under Section 1 of this Article.
5. The Council may advise the Delegate and the Speaker of the Assembly concerning existing or potential security threats to the Region.
6. Any removal by the Vice Delegate may be overturned by a two-thirds majority vote of the Assembly.

Article VI: Ejection and Banning

Section 1: Use of Ejection and/or Banning

1. Ejection and/or banning from the region The North Pacific may be prescribed as a punishment for violations of regional laws. Violation of forum Terms Of Service and moderation policies remain the responsibility of forum administration.
2. The Delegate is permitted to eject and/or ban violators of NationStates rules without prior or further consultation from the Government.
3. The Delegate is required to eject and/or ban Nations and/or Players that have been sentenced in the Courts to be ejected or banned from the region for breaking regional laws.
4. The Delegate is to inform the region and the Government of all ejections or bannings carried out in a timely manner.
5. The Delegate, in carrying out these duties, must maintain an adequate level of regional influence.

Section 2: Legal Recourse

1. In the case where a Nation feels that their banning or ejection was unwarranted, they may appeal their case to the full three-person Court that shall have the power to overturn the Delegate's ruling and order the unbanning of the nation.

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Passed The North Pacific Regional Assembly
November 20, 2007

Ratified by The North Pacific Cabinet
December 2 ,2007

As Amended by the Regional Assembly 1 March 2008, 16 May 2008, 28 June 2008, 9 November 2008, 26 November 2008, 3 December 2008, 19 December 2008, 30 December 2008, 10 February 2009, 25 February 2009, 28 April 2009, 27 October 2010, 7 December 2010. 7 February 2011, ?? April 2012. [URL updated 27 July 2010 to reflect forum migration to new software platform.]

 

[Govindia]

It's not clearly mentioned if we're allowed to do Abstain votes for non-electoral votes.

It's also not clear if removal of a Security Council Officer has to be done by vote of the SC itself or just the VD.

 

[Eluvatar]

You know what I think I'm going to adjust this a bit, put all the abstention-enabling language in one place. See what people think of this variant.

A bill to amend the Constitution of the North Pacific, enact a law, adopt two Regional Assembly procedures, and resolve on an implementation detail. No part of this bill will take effect unless the entirety of the bill takes effect.

1. Article V, Section 2, Clause 3 shall be struck from the Constitution.

3. From time to time, the Council may, by majority vote, recommend an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. The order of succession shall be determined first, by length of current service on the Council, and if necessary, then by influence level, and then by endorsement level of Council members who have equal levels of service and then, of equal influence level. The Assembly shall immediately vote on the adoption of such recommendation by a majority vote.

2. A new Section 4 to Article II shall be inserted into the Constitution:

Section 4: Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
2. The Regional Assembly may remove an Executive Officer by a simple majority vote.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

3. A new Law shall be adopted as part of the Legal Code:

Mandatory Ministries Act

1. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific.
2. There will be an Executive Officer charged with welcoming. They will be tasked with ensuring that nations founded in the North Pacific are appropriately greeted, that newcomers to the regional forum and to regional internet relay chats shall be welcomed and helped with any questions, and with the maintenance of regional FAQs.
3. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
4. An Executive Officer may sustain multiple roles defined by this Act.
5. The Regional Assembly may elect an Executive Officer should one of the roles defined by this act remain vacant for seven days or in connection with the Regional Assembly removing the Executive Officer charged with that role.

4. A new procedure will be adopted by the Regional Assembly.

Adoption of an Order of Succession
1. Whenever the Assembly is tasked with adopting an order of succession beyond the Vice Delegate, there will be 2 days for proposing one.
2. A default order of succession by seniority in the Security Council will be considered proposed.
3. If at the end of the proposal period no proposals have been made, the default will be subject to a simple majority vote on the question of whether to adopt it, open for five days.
4. If at the end of the proposal period there is more than one proposal, the several proposals will be subject to a vote on on the question of which of them to adopt, open for five days.
5. If at the conclusion of a vote on adopting an order of succession no order of succession shall have achieved a majority of votes cast, this procedure will begin again.

5. A new procedure will be adopted by the Regional Assembly.

Removing and/or Replacing Executive Officers
1. A legal motion may be filed to remove an executive officer.
2. Such a motion may name a replacement.
3. If seconded, such a motion will move to a vote within two days.
4. The vote on this motion will be open for five days.

6. If this bill passes, the Regional Assembly will then adopt a new line of succession beyond the Vice Delegate as though a member were added to or removed from the Security Council.

7. Article I, Section 2, Clauses 1-3 of the Constitution will be amended:

1. The Constitution and Bill of Rights may only be changed via constitutional amendment in the form of 75% Assembly approval with a three-fourths majority vote in a vote lasting seven days.
2. Proposals for An approved constitutional amendment are immune to is not subject to Delegate veto.
3. All amendments require a quorum of 30% of the RA.

8. Article I, Section 3, Clause 1 of the Constitution will be amended:

1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players by simple majority vote.

9. Article I, Section 3, Clauses 8-9 will be amended:

8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality vote of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast for a candidate by the members of the Assembly. A quorum is not required.

10. A new Section 5 to Article II shall be inserted into the Constitution:

Section 5: Regional Assembly Voting

1. A quorum is the minimum number of members of the Assembly required to participate through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
2. Abstentions are used to signify a member's participation in a vote, but shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
3. A simple majority vote is a vote in which a majority of those voting for or against a measure vote for it.
4. A fractional majority vote is a vote in which at least that fraction of those voting for or against a measure vote for it. Fractions which may be invoked include two-thirds, three-fifths, and three-fourths.
5. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.

11. Article II, Section 3, Clauses 3-4 will be amended:

3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds supermajority of the Regional Assembly. two-thirds majority vote, with the participation of a quorum.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths supermajority vote. by a three-fifths majority vote, with the participation of a quorum.

12. Article II, Section 3, Clause 6 shall be struck from the Constitution.

6. All bills require a quorum of 30% of the RA.

12. Article III, Section 1, Clause 6 will be amended:

6. The Delegate may veto bills passed through the Assembly that do not attain at least 60% supermajority in favor. that have not been approved by a three-fifths majority vote.

13. Article V, Section 1, Clause 3 will be amended:

3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by a two-thirds supermajority vote. two-thirds majority vote, with the participation of a quorum.

14. Article V, Section 1, Clauses 5-6 will be amended:

5. If the Council denies, or declines to act on an applicant within 30 days, the Assembly may require the Council to admit such applicant by a two-thirds supermajority vote.
6. The Assembly may terminate an exemption of a particular Council member from Regional Assembly membership for a stated reason by a two-thirds supermajority vote.

15. Article V, Section 3, Clause 6 will be amended:

6. Any removal by the Vice Delegate may be overturned by a two-thirds supermajority vote of the Assembly.

As a result of these amendments I would expect the Constitution to look like:

Spoiler: Constitution

Constitution of The North Pacific

Preamble

We, the people of The North Pacific, recognizing the shortcomings of the previous constitution and united in our loyalty and efforts, hereby undertake to correct any failings by entering into this new Constitution. Out of strife and division, we look to this new document to guide our region into long-lasting peace and prosperity. It is our hope that this Constitution will make The North Pacific a more vibrant region and create a better gameplay environment for all.

Article I: Stipulations

Section 1: Bill of Rights

1. All Nations and/or Players are afforded a list of rights to be detailed in "The Bill of Rights" enacted concurrently with this Constitution.

Section 2: Amendment Procedure

1. The Constitution and Bill of Rights may only be changed via constitutional amendment with the approval of three quarters of votes cast in the Assembly in a vote lasting seven days.
2. An approved constitutional amendment is not subject to Delegate veto.

Section 3: Miscellany

1. The Legal Code shall consist of Laws passed by the Regional Assembly and carried over by agreement from previous governing documents.
2. The Constitution and Bill of Rights shall share full, constitutional authority with all the rights and privileges that come with that authority. The Legal Code is second only to the previous in legal force. In case of conflict in wording, the Constitution and the Bill of Rights take precedence. Any and all other regulations and guidelines are lower in authority than the Legal Code unless otherwise specified.
3. All Government bodies are allowed to create rules for its own governance.
4. The Speaker of the Assembly, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
5. The members of the Judiciary (including the Chief Justice) shall each be elected to 6-month terms.
6. All elections shall be held on the region's official off-site forum.
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..
8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the participating members of the Assembly. A quorum is not required.
10. If any elected official should fail to check into their account for two weeks without prior notice, the dual consent of either the Speaker, the Delegate, or the Chief Justice will commence the special election of a replacement. This replacement will fulfill the remainder of the term.

Section 4: Official off-site regional forums

1. The official regional off-site forum shall be http://s13.zetaboards.com/TNP/.

Article II: Legislative Branch

Section 1: Registration and Membership

1. The Assembly is tasked with creating and maintaining a uniform procedure for membership in and removal from the Assembly.
2. Holding other office in the Government does not eliminate Assembly-members from the rights and obligations of Assembly-members.

Section 2: Speaker of the Assembly

1. The Assembly is led by the Speaker, whose task it is to lay out a uniform set of guidelines by which proposed legislation and other actions may be considered and voted upon.
2. The Speaker decides the order in which bills will be voted upon and is responsible for opening and closing each vote.
3. The Speaker is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet.

Section 3: Legislative Action

1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players with the approval of a majority of votes cast in the Assembly.
2. The Assembly may subpoena members of the Government to give sworn testimony before the Assembly.
3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds majority vote, with the participation of a quorum.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths majority vote, with the participation of a quorum.
5. The Assembly is granted the power to legislate rules and institutions necessary and proper to carry out the mandates of this Constitution.

Section 4: Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
2. The Regional Assembly may remove an Executive Officer by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

Section 5: Regional Assembly Voting

1. A quorum is the minimum number of members of the Assembly required to participate through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
2. Abstentions are used to signify a member's participation in a vote, but shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
3. A simple majority vote is a vote in which a majority of those voting for or against a measure vote for it.
4. A fractional majority vote is a vote in which at least that fraction of those voting for or against a measure vote for it. Fractions which may be invoked include two-thirds, three-fifths, and three-fourths.
5. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.


Article III: Executive Branch

The authority to formulate and guide regional policy, command the armies, diplomats and intelligence agents in the service of TNP is vested in the Executive Branch. The Executive shall consist of the the Delegate and the Cabinet.

Section 1: Delegate and Vice Delegate

1. The Delegate shall serve as TNP WA Delegate and as Head of State.
2. The Delegate is authorized to style his own title.
3. The Delegate is responsible to ensure the good governance of the Executive Branch of TNP and may appoint and remove at will executive officers from the Assembly to serve at his pleasure.. Executive officers must maintain membership in the Assembly.
4. The Delegate is responsible for the legal management and update of the Regional World Factbook Entry.
5. The Delegate is responsible for the security of the region, and is charged with the use of regional controls to eject and ban nations from the region in accordance with the laws of TNP.
6. The Delegate may veto bills passed through the Assembly that have not been approved by a three-fifths majority vote.
7. Each Player may, at most, only serve two terms as Delegate consecutively.
8. In any instance where the Delegate is absent, incapacitated, unwilling or unable to carry out his duties the Vice Delegate shall exercise the powers of the Delegate.
9. The duty of the Vice Delegate is to have the second highest endorsement count. The Delegate shall exercise discretion in banning nations whose endorsement count exceeds that of the Vice-Delegate.

Article IV: Judicial Branch

The Judicial Branch is invested with the powers and obligation to investigate the constitutionality of Government policies, actions, and laws. It is also tasked to provide an impartial platform by which suspects of crimes against the region or against others are tried.

Section 1: Membership and Responsibilities

1. The Chief Justice is responsible for organizing the proper distribution of cases to maintain timeliness and impartiality.
2. The presiding justice shall serve as arbiter of rule disputes, maintain courtroom decorum, and consider all requests of the Court with the intent of pursuing truth impartially.
3. No sitting justice shall fire a request for judicial review.

Section 2: Court Powers

1. The Judiciary is vested with the responsibility to oversee all trial proceedings.
2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.
3. The official opinions crafted as a result of judicial review are to be binding upon all agents, officers, agencies, and Government bodies of TNP. If a policy, action, or law is deemed unconstitutional, any evidence collected via these unconstitutional means is inadmissible in the Assembly or in any TNP court of law.
4. At the request of either (a) any four members of the Regional Assembly who do not currently hold the elected offices of Vice Delegate or as a Justice of the Court, or (b) of the Speaker, or an Assembly member then acting as the presiding officer of the Assembly in the absence of the Speaker, a presiding judicial officer may issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Speaker or members of the Regional Assembly as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

Article V: Security Council

Section 1: Membership
1. The Security Council (Council) shall be composed of trusted Assembly members of The North Pacific meeting Influence and Endorsement Count requirements set by law.
2. The Vice Delegate shall serve as Chair of the Council.
3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by two-thirds majority vote, with the participation of a quorum.
4. The Council shall admit by majority vote those applicants who the Council determines are not a Security Risk to the North Pacific.
5. If the Council denies, or declines to act on an applicant within 30 days, the Assembly may require the Council to admit such applicant by a two-thirds majority vote.
6. The Assembly may terminate an exemption of a particular Council member from Regional Assembly membership for a stated reason by a two-thirds majority vote.

Section 2: Powers

1. The Council shall enforce any approved motion of the Assembly to recall the Delegate.
2. The Vice Delegate as President of the Council shall keep record of members of the Council and remove members if empowered to do so by law.

Section 3: Responsibilities

1. Members of the Council shall be responsible for maintaining an endorsement level and influence level consistent with laws concerning endorsement and influence levels.
2. The Council shall submit to the Assembly a proposal to update endorsement level and influence level laws on a regular basis, when required by law.
3. Each member of the Council shall execute an oath of office.
4. Members of the Council are required to remain members of the Assembly unless granted an exemption under Section 1 of this Article.
5. The Council may advise the Delegate and the Speaker of the Assembly concerning existing or potential security threats to the Region.
6. Any removal by the Vice Delegate may be overturned by a two-thirds majority vote of the Assembly.

Article VI: Ejection and Banning

Section 1: Use of Ejection and/or Banning

1. Ejection and/or banning from the region The North Pacific may be prescribed as a punishment for violations of regional laws. Violation of forum Terms Of Service and moderation policies remain the responsibility of forum administration.
2. The Delegate is permitted to eject and/or ban violators of NationStates rules without prior or further consultation from the Government.
3. The Delegate is required to eject and/or ban Nations and/or Players that have been sentenced in the Courts to be ejected or banned from the region for breaking regional laws.
4. The Delegate is to inform the region and the Government of all ejections or bannings carried out in a timely manner.
5. The Delegate, in carrying out these duties, must maintain an adequate level of regional influence.

Section 2: Legal Recourse

1. In the case where a Nation feels that their banning or ejection was unwarranted, they may appeal their case to the full three-person Court that shall have the power to overturn the Delegate's ruling and order the unbanning of the nation.

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Passed The North Pacific Regional Assembly
November 20, 2007

Ratified by The North Pacific Cabinet
December 2 ,2007

As Amended by the Regional Assembly 1 March 2008, 16 May 2008, 28 June 2008, 9 November 2008, 26 November 2008, 3 December 2008, 19 December 2008, 30 December 2008, 10 February 2009, 25 February 2009, 28 April 2009, 27 October 2010, 7 December 2010. 7 February 2011, ?? April 2012. [URL updated 27 July 2010 to reflect forum migration to new software platform.]

 

[Eluvatar]

Final revisions. I move for a vote.

A bill to amend the Constitution of the North Pacific, enact a law, adopt two Regional Assembly procedures, and resolve on an implementation detail. No part of this bill will take effect unless the entirety of the bill takes effect.

1. Article V, Section 2, Clause 3 shall be struck from the Constitution.

3. From time to time, the Council may, by majority vote, recommend an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. The order of succession shall be determined first, by length of current service on the Council, and if necessary, then by influence level, and then by endorsement level of Council members who have equal levels of service and then, of equal influence level. The Assembly shall immediately vote on the adoption of such recommendation by a majority vote.

2. A new Section 4 to Article II shall be inserted into the Constitution:

Section 4: Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by simple majority vote.
2. The Regional Assembly may remove an Executive Officer by simple majority vote.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

3. A new Law shall be adopted as part of the Legal Code:

Mandatory Ministries Act

1. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific.
2. There will be an Executive Officer charged with welcoming. They will be tasked with ensuring that nations founded in the North Pacific are appropriately greeted, that newcomers to the regional forum and to regional internet relay chats shall be welcomed and helped with any questions, and with the maintenance of regional FAQs.
3. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
4. An Executive Officer may sustain multiple roles defined by this Act.
5. The Regional Assembly may elect an Executive Officer should one of the roles defined by this act remain vacant for seven days or in connection with the Regional Assembly removing the Executive Officer charged with that role.

4. A new procedure will be adopted by the Regional Assembly.

Adoption of an Order of Succession
1. Whenever the Assembly is tasked with adopting an order of succession beyond the Vice Delegate, there will be 2 days for proposing one.
2. A default order of succession by seniority in the Security Council will be considered proposed.
3. If at the end of the proposal period no proposals have been made, the default will be subject to a simple majority vote on the question of whether to adopt it, open for five days.
4. If at the end of the proposal period there is more than one proposal, the several proposals will be subject to a vote on on the question of which of them to adopt, open for five days.
5. If at the conclusion of a vote on adopting an order of succession no order of succession shall have achieved a majority of votes cast, this procedure will begin again.

5. A new procedure will be adopted by the Regional Assembly.

Removing and/or Replacing Executive Officers
1. A legal motion may be filed to remove an executive officer.
2. Such a motion may name a replacement.
3. If seconded, such a motion will move to a vote within two days.
4. The vote on this motion will be open for five days.

6. If this bill passes, the Regional Assembly will then adopt a new line of succession beyond the Vice Delegate as though a member were added to or removed from the Security Council.

7. Article I, Section 2, Clauses 1-3 of the Constitution will be amended:

1. The Constitution and Bill of Rights may only be changed via constitutional amendment in the form of 75% Assembly approval with a three-fourths majority vote in a vote lasting seven days.
2. Proposals for An approved constitutional amendment are immune to is not subject to Delegate veto.
3. All amendments require a quorum of 30% of the RA.

8. Article I, Section 3, Clause 1 of the Constitution will be amended:

1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players with the approval of a majority of votes cast in the Assembly by simple majority vote.

9. Article I, Section 3, Clauses 8-9 will be amended:

8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality vote of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast for a candidate by the members of the Assembly. A quorum is not required.

10. A new Section 5 to Article II shall be inserted into the Constitution:

Section 5: Regional Assembly Voting

1. A quorum is the minimum number of members of the Assembly required to participate through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
2. Abstentions are used to signify a member's participation in a vote, but shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
3. A simple majority vote is a vote in which a majority of those voting for or against a measure vote for it.
4. A fractional majority vote is a vote in which at least that fraction of those voting for or against a measure vote for it. Fractions which may be invoked include two-thirds, three-fifths, and three-fourths.
5. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.

11. Article II, Section 3, Clauses 3-4 will be amended:

3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds supermajority of the Regional Assembly. two-thirds majority vote, with the participation of a quorum.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths supermajority vote. by a three-fifths majority vote.

12. Article II, Section 3, Clause 6 shall be struck from the Constitution.

6. All bills require a quorum of 30% of the RA.

12. Article III, Section 1, Clause 6 will be amended:

6. The Delegate may veto bills passed through the Assembly that do not attain at least 60% supermajority in favor. that have not been approved by a three-fifths majority vote.

13. Article V, Section 1, Clause 3 will be amended:

3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by a two-thirds supermajority vote. two-thirds majority vote.

14. Article V, Section 1, Clauses 5-6 will be amended:

5. If the Council denies, or declines to act on an applicant within 30 days, the Assembly may require the Council to admit such applicant by a two-thirds supermajority vote.
6. The Assembly may terminate an exemption of a particular Council member from Regional Assembly membership for a stated reason by a two-thirds supermajority vote.

15. Article V, Section 3, Clause 6 will be amended:

6. Any removal by the Vice Delegate may be overturned by a two-thirds supermajority vote of the Assembly.

As a result of these amendments I would expect the Constitution to look like:

Spoiler: Constitution

Constitution of The North Pacific

Preamble

We, the people of The North Pacific, recognizing the shortcomings of the previous constitution and united in our loyalty and efforts, hereby undertake to correct any failings by entering into this new Constitution. Out of strife and division, we look to this new document to guide our region into long-lasting peace and prosperity. It is our hope that this Constitution will make The North Pacific a more vibrant region and create a better gameplay environment for all.

Article I: Stipulations

Section 1: Bill of Rights

1. All Nations and/or Players are afforded a list of rights to be detailed in "The Bill of Rights" enacted concurrently with this Constitution.

Section 2: Amendment Procedure

1. The Constitution and Bill of Rights may only be changed via constitutional amendment with the approval of three quarters of votes cast in the Assembly in a vote lasting seven days.
2. An approved constitutional amendment is not subject to Delegate veto.

Section 3: Miscellany

1. The Legal Code shall consist of Laws passed by the Regional Assembly and carried over by agreement from previous governing documents.
2. The Constitution and Bill of Rights shall share full, constitutional authority with all the rights and privileges that come with that authority. The Legal Code is second only to the previous in legal force. In case of conflict in wording, the Constitution and the Bill of Rights take precedence. Any and all other regulations and guidelines are lower in authority than the Legal Code unless otherwise specified.
3. All Government bodies are allowed to create rules for its own governance.
4. The Speaker of the Assembly, and the Delegate and Vice Delegate shall each be elected to 4-month terms.
5. The members of the Judiciary (including the Chief Justice) shall each be elected to 6-month terms.
6. All elections shall be held on the region's official off-site forum.
7. Candidates for these elected officials must be members of the Assembly for 30 days before nominations begin..
8. Election of the Speaker of the Assembly and Judiciary officials shall require a plurality of the votes cast by the participating members of the Assembly. A quorum is not required.
9. Election of the Delegate and Vice Delegate shall require a majority of the votes cast by the participating members of the Assembly. A quorum is not required.
10. If any elected official should fail to check into their account for two weeks without prior notice, the dual consent of either the Speaker, the Delegate, or the Chief Justice will commence the special election of a replacement. This replacement will fulfill the remainder of the term.

Section 4: Official off-site regional forums

1. The official regional off-site forum shall be http://s13.zetaboards.com/TNP/.

Article II: Legislative Branch

Section 1: Registration and Membership

1. The Assembly is tasked with creating and maintaining a uniform procedure for membership in and removal from the Assembly.
2. Holding other office in the Government does not eliminate Assembly-members from the rights and obligations of Assembly-members.

Section 2: Speaker of the Assembly

1. The Assembly is led by the Speaker, whose task it is to lay out a uniform set of guidelines by which proposed legislation and other actions may be considered and voted upon.
2. The Speaker decides the order in which bills will be voted upon and is responsible for opening and closing each vote.
3. The Speaker is to be given access and speaking privileges within the private Cabinet areas but is not allowed to take part in votes of the Cabinet.

Section 3: Legislative Action

1. The Assembly is authorized to create, maintain, and amend as needed the North Pacific's legal documents and institutions, which shall serve as a body of laws binding upon the region, the forums, and its Nations and/or Players by simple majority vote.
2. The Assembly may subpoena members of the Government to give sworn testimony before the Assembly.
3. The Assembly may remove any holder of any elected or appointed office or position by a motion of recall approved by a two-thirds majority vote.
4. Any agreement or treaty signed with a foreign region or organization must be introduced to the Assembly by the Delegate or his/her Cabinet designee. The Assembly must approve the agreement or treaty by a three-fifths majority vote.
5. The Assembly is granted the power to legislate rules and institutions necessary and proper to carry out the mandates of this Constitution.

Section 4: Non-Legislative Action

1. Whenever a new member shall be admitted to the Security Council, or a current member removed, the Regional Assembly will adopt an order of succession to the Delegacy beyond the Vice Delegate among members of the Security Council who are members of the Assembly. Such an order of succession must be adopted by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
2. The Regional Assembly may remove an Executive Officer by a majority of votes cast by the participating members of the Assembly, with the participation of a quorum.
3. Executive Officer positions may be created in the Legal Code which may be filled by a simple majority vote of the Assembly when permitted by law.

Section 5: Regional Assembly Voting

1. A quorum is the minimum number of members of the Assembly required to participate through voting on all matters except elections and procedural motions. A quorum is defined as thirty per cent of the membership of the Assembly as it stands at the time a vote is taken in the Assembly.
2. Abstentions are used to signify a member's participation in a vote, but shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.
3. A simple majority vote is a vote in which a majority of those voting for or against a measure vote for it.
4. A fractional majority vote is a vote in which at least that fraction of those voting for or against a measure vote for it. Fractions which may be invoked include two-thirds, three-fifths, and three-fourths.
5. Except as otherwise adopted by the Assembly as a Law or Procedure, voting in all matters shall last for seven days.


Article III: Executive Branch

The authority to formulate and guide regional policy, command the armies, diplomats and intelligence agents in the service of TNP is vested in the Executive Branch. The Executive shall consist of the the Delegate and the Cabinet.

Section 1: Delegate and Vice Delegate

1. The Delegate shall serve as TNP WA Delegate and as Head of State.
2. The Delegate is authorized to style his own title.
3. The Delegate is responsible to ensure the good governance of the Executive Branch of TNP and may appoint and remove at will executive officers from the Assembly to serve at his pleasure. Executive officers must maintain membership in the Assembly.
4. The Delegate is responsible for the legal management and update of the Regional World Factbook Entry.
5. The Delegate is responsible for the security of the region, and is charged with the use of regional controls to eject and ban nations from the region in accordance with the laws of TNP.
6. The Delegate may veto bills passed through the Assembly that have not been approved by a three-fifths majority vote.
7. Each Player may, at most, only serve two terms as Delegate consecutively.
8. In any instance where the Delegate is absent, incapacitated, unwilling or unable to carry out his duties the Vice Delegate shall exercise the powers of the Delegate.
9. The duty of the Vice Delegate is to have the second highest endorsement count. The Delegate shall exercise discretion in banning nations whose endorsement count exceeds that of the Vice-Delegate.

Article IV: Judicial Branch

The Judicial Branch is invested with the powers and obligation to investigate the constitutionality of Government policies, actions, and laws. It is also tasked to provide an impartial platform by which suspects of crimes against the region or against others are tried.

Section 1: Membership and Responsibilities

1. The Chief Justice is responsible for organizing the proper distribution of cases to maintain timeliness and impartiality.
2. The presiding justice shall serve as arbiter of rule disputes, maintain courtroom decorum, and consider all requests of the Court with the intent of pursuing truth impartially.
3. No sitting justice shall fire a request for judicial review.

Section 2: Court Powers

1. The Judiciary is vested with the responsibility to oversee all trial proceedings.
2. All matters of judicial review to examine the constitutionality of Government policies, actions, and laws are to be brought before the full three-member Judiciary.
3. The official opinions crafted as a result of judicial review are to be binding upon all agents, officers, agencies, and Government bodies of TNP. If a policy, action, or law is deemed unconstitutional, any evidence collected via these unconstitutional means is inadmissible in the Assembly or in any TNP court of law.
4. At the request of either (a) any four members of the Regional Assembly who do not currently hold the elected offices of Vice Delegate or as a Justice of the Court, or (b) of the Speaker, or an Assembly member then acting as the presiding officer of the Assembly in the absence of the Speaker, a presiding judicial officer may issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Speaker or members of the Regional Assembly as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

Article V: Security Council

Section 1: Membership
1. The Security Council (Council) shall be composed of trusted Assembly members of The North Pacific meeting Influence and Endorsement Count requirements set by law.
2. The Vice Delegate shall serve as Chair of the Council.
3. Assembly members may apply to join the Council if they meet the minimum Influence and endorsement levels prescribed by law. Other trusted members of The North Pacific who meet the minimum influence and endorsement levels prescribed by law may also apply to join the Council if the Regional Assembly grants an exemption to the Regional Assembly membership requirement by two-thirds majority vote.
4. The Council shall admit by majority vote those applicants who the Council determines are not a Security Risk to the North Pacific.
5. If the Council denies, or declines to act on an applicant within 30 days, the Assembly may require the Council to admit such applicant by a two-thirds majority vote.
6. The Assembly may terminate an exemption of a particular Council member from Regional Assembly membership for a stated reason by a two-thirds majority vote.

Section 2: Powers

1. The Council shall enforce any approved motion of the Assembly to recall the Delegate.
2. The Vice Delegate as President of the Council shall keep record of members of the Council and remove members if empowered to do so by law.

Section 3: Responsibilities

1. Members of the Council shall be responsible for maintaining an endorsement level and influence level consistent with laws concerning endorsement and influence levels.
2. The Council shall submit to the Assembly a proposal to update endorsement level and influence level laws on a regular basis, when required by law.
3. Each member of the Council shall execute an oath of office.
4. Members of the Council are required to remain members of the Assembly unless granted an exemption under Section 1 of this Article.
5. The Council may advise the Delegate and the Speaker of the Assembly concerning existing or potential security threats to the Region.
6. Any removal by the Vice Delegate may be overturned by a two-thirds majority vote of the Assembly.

Article VI: Ejection and Banning

Section 1: Use of Ejection and/or Banning

1. Ejection and/or banning from the region The North Pacific may be prescribed as a punishment for violations of regional laws. Violation of forum Terms Of Service and moderation policies remain the responsibility of forum administration.
2. The Delegate is permitted to eject and/or ban violators of NationStates rules without prior or further consultation from the Government.
3. The Delegate is required to eject and/or ban Nations and/or Players that have been sentenced in the Courts to be ejected or banned from the region for breaking regional laws.
4. The Delegate is to inform the region and the Government of all ejections or bannings carried out in a timely manner.
5. The Delegate, in carrying out these duties, must maintain an adequate level of regional influence.

Section 2: Legal Recourse

1. In the case where a Nation feels that their banning or ejection was unwarranted, they may appeal their case to the full three-person Court that shall have the power to overturn the Delegate's ruling and order the unbanning of the nation.

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Passed The North Pacific Regional Assembly
November 20, 2007

Ratified by The North Pacific Cabinet
December 2 ,2007

As Amended by the Regional Assembly 1 March 2008, 16 May 2008, 28 June 2008, 9 November 2008, 26 November 2008, 3 December 2008, 19 December 2008, 30 December 2008, 10 February 2009, 25 February 2009, 28 April 2009, 27 October 2010, 7 December 2010. 7 February 2011, ?? April 2012. [URL updated 27 July 2010 to reflect forum migration to new software platform.]

 

[Cove]

I second the motion to vote.

 

[Govindia]

Eluvatar, clarification:

2. Abstentions are used to signify a member's participation in a vote, but shall not be included in determining any election or any other matter voted upon by the Regional Assembly other than to determine the participation of a quorum.

This confuses me.

Are you saying we are allowed to have Abstain as a voting option with this rule? Please be clear.

 

[Grosseschnauzer]

Govindia, that is precisely correct. (Elu adopted this language verbatim from language I suggested.) A R.A. member, as has been the practice, can abstain, have it count for participation and quorum purposes, and not be counted to determine the result of a vote.

 

[Gulliver]

Grosse beat me to it. Also I'll third that motion to vote, regardless of whether or not that even does anything.

 

[Govindia]

I'll put up the vote when I come home.

Elu is there any way you could make the language clearer?

 

[Grosseschnauzer]

Gov, I had suggested in discussion to change "determine" in the last clause to "demonstrate," to avoid an implication it might require a separate "vote," but that wasn't accepted. But you should read it in your mind as such, and it can't get any clearer than that. (The traditional language is "determine" and that is what others apparently are more comfortable with.)

 

[Grosseschnauzer]

Different issue: On the mandatory ministries part of this bill, I had hoped "communications" would have been included, but as i wasn't involved in the drafting of that part of this omnibus bill, I have no idea if that area was raised or not.

 

[Gulliver]

Elu is there any way you could make the language clearer?

I think it's perfectly clear.

 

[Eluvatar]

Different issue: On the mandatory ministries part of this bill, I had hoped "communications" would have been included, but as i wasn't involved in the drafting of that part of this omnibus bill, I have no idea if that area was raised or not.

At this juncture I would prefer that to be considered in the Revamp bill discussion, as I will incorporate this new law into the revamped legal code and it can be improved there.

Would that be agreeable to you?

---

With regard to abstentions, I think this proposal is crystal clear.

 

[Govindia]

Different issue: On the mandatory ministries part of this bill, I had hoped "communications" would have been included, but as i wasn't involved in the drafting of that part of this omnibus bill, I have no idea if that area was raised or not.

At this juncture I would prefer that to be considered in the Revamp bill discussion, as I will incorporate this new law into the revamped legal code and it can be improved there.

Would that be agreeable to you?

---

With regard to abstentions, I think this proposal is crystal clear.

---

Elu please check your PM

 

[Eluvatar]

The current invalidity of "Abstain" votes is a policy of the Speaker caused by the inability of the speaker to count abstentions in the traditional manner.

This amendment would allow them to be counted in the traditional manner and make that policy of the speaker unconstitutional as the constitution would be allowing for abstentions explicitly.

 

[Eluvatar]

20:21 <+Limi> in the voting procedures for the RA that I posted and he is free to change I said that an abstain vote will be considered invalid and treated as if it didn't exist. Just like someone who decided to vote purple
20:22 <+Limi> so as to avoid an issue where rule 1 being unconstitutional would cause an item to fail when it could have passed if rule 1 was constitutional
20:25 <@Eluvatar> can I quote you on that?
20:25 <+Limi> the downside is that since it isn't an actual vote people would have to vote aye or nay on every other thing in the RA to remain a member
20:25 <+Limi> yeah

 

[Eluvatar]

It is my understanding that the consensus is that this bill is ready to be voted on.

 

[Govindia]

I have a motion by Attorney General Eluvatar to vote on this bill, and it is seconded by Assemblyman Jamie. The motion carries.

The bill is now moved to the Floor for voting and is located HERE