Constitution for Dummies

[mr_sniffles]

INTRO

Now by now, I’m sure many of you have heard about our Constitution. It is chided in the OOC forums, browbeaten by many a Regional Assembly member, and a source of much wonder, amazement, frustration, and confusion for all new players (and some older ones too.) While it remains a shining pinnacle of stability and freedom for a region scarred by war and strife, let’s not kid ourselves; it’s over-written with staid baffling language that’s as interesting as a hairy midget in drag. You know it bears much dignity and importance but it’s uncannily ugly and you just can’t seem to look away. As Minister of Justice, I’ve taken the task of attempting to make sense of this maze of legalese for a people wanting to just skim through it (or in other words read it without the fear of entering a coma.)

So what’s different between this version and Hers? Well, Hersfold took the honourable task of trying to explain every aspect of our Constitution, the how and why, while taking time to work in a beautiful message of our region’s spirit of diversity, freedom, and inclusiveness to continue despite the smouldering war scarred setting it was drafted in. Ironically, the original Dummy version was not only longer than the original document but covered four different topics!! My version is dumbed down, lacking in poignancy with lots of unsuccessful attempts at humour. That’s the key difference in style; Hersfold is funny, I just try to be.

Now to cover the three most obvious questions: Why not have a Constitution that’s not filled with a sinister legalese, that depends on bourgeois white collars to make sense of it for us? What’s up with the paranoia? From what I can see, all the Regional Assembly seems to try to do is change and alter the constitution to fit their agenda so how is this document really ubiquitous or essential if it’s only a rag that’s constantly being altered to keep up with the times? And hey wait, why should I trust you to tell me my rights? Aren’t you a Post-Left Anarchist with a name filled with drug innuendos, wasting everyone’s time and patience with kooky ideas, and a vision of the past based on your anti-establishment ideology?

Well the reason why the language is so mind-numbing is because of the increased role of accountability; like the law in real life, the language is air-tight as to avoid loopholes, abuse, misinterpretation, and to provide the equality of justice and law to all citizens. Much of the detail was crafted by our resident senior jurist Grosseschnauzer, who should be applauded for his trademarked eloquent posts (even the ones where you have no idea what the hell he’s saying.) The other key aspect of the constitution is PARANOIA, this constitution is revolutionary by North Pacific standards by not only outlining the roles of any person who hold any amount of power but how they should take power, the conditions for thinking of taking a position of power, what they should do if they’re confused with what to do once they’ve taken power, how to tie your shoelaces while holding power, and what to do if you’ve lost the power somewhere in that mess you call a bedroom. The history of the North Pacific is a portrait devoted to diversity with splashes of horrible dictatorial rule by people who slipped under our noses, took over the region while the rest of us were arguing whether what the tyrant did was legally bad or illegally bad. A constitution is a tricky thing to do right, some countries don’t even bother but the goal is always to cement our core values forever while remaining a living embodiment of our ideals. That’s why it’s always being amended by the Regional Assembly, to keep up with the times if you will. Only not in that ever freakish Madonna way.

 

[mr_sniffles]

Preamble

WE, the Nations of The North Pacific (TNP), mindful of the inherent rights to justice, security, democratic regional leadership and national sovereignty do hereby proclaim this constitution to be the living and growing document of our liberties. This document shall be the foundation of our culture, society and law and shall be respected in spirit and in word by all residents of The North Pacific.

Fully cognizant of our role as a Feeder Region within the online game of NationStatesTM, and acknowledging that our character as such involves interaction with players new to that game,we avow to play fairly, educate where necessary, applaud when appropriate, and above all to remember that this is a game.

Well lets start by marveling over the use of the word "cognizant"... wow, really just wow. Like the word Ubiquitous, we've all heard it and have a vague sense of what it means but can never really work it into a sentence so with awe-inspiring grace that word just pops out of that sentence to destroy our already faltering attention span but I digress. Cognizant/conscious of our core values being justice, security, democratic regional leadership, and national sovereignty, we also recognize that this document is one that reflects our changing hormonal societal (and sometimes stinky) attitudes. Last but not least, it's a game!! Sure the moment calls for an angry snide remark but in the long run it's a game and lets remember that, leave the nasty ostracization for the Pacific.

ARTICLE I. Declaration of Rights.

1. All Nations of The North Pacific are sovereign. Each Nation has the right of self-determination in that Nation's domestic policies, including, but not limited to, issue selection and UN membership.
2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region. Each Nation has the right to assemble, and to petition the governmental authorities of the region, including the UN Delegate, for the redress of grievances. The governmental authorities of the region shall act only in the best interests of the Region, as permitted and limited under this Constitution.
3. Participation in the governmental authorities of the region is voluntary. Participation in the United Nations shall not be a condition of participation in the governmental authorities of the region.
4. No Nation of The North Pacific holding UN member status in NationStates shall be obligated to endorse any official of a government authority of the region. The right to add an endorsement or withdraw an endorsement is a sovereign right of that Nation as a UN member.
5. All Nations of The North Pacific have the right to be protected against the abuse of powers by any official of a government authority of the region. Any Nation of The North Pacific has the right to request the impeachment of any official of a government authority of the region in accordance with this Constitution, that is deemed to have participated in such acts.
6. No Nation shall be held to answer for a crime in a manner not prescribed by this Constitution or the Legal Code. No Nation shall be subjected to being twice put in jeopardy for the same offense. No Nation shall ever be compelled in any criminal case to be a witness against itself.
7. When charged with criminal acts, Nations of The North Pacific shall have a fair, impartial, and public trial before a neutral and impartial judicial officer. In any criminal proceeding, a Nation is presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. A Nation may be represented by any counsel of the Nation's choosing. No Nation convicted of a crime shall be subject to a punishment disproportionate to that crime.
8. No Nation shall be ejected from the region, or banned from any forum, except as expressly authorized by this Constitution or the Legal Code. Should any official of a government authority of the region with authority to act, declare that the immediate ejection or banning of a Nation is an urgent matter of regional security, the ejected or banned Nation shall have prompt and immediate recourse to judicial review of the matter. The UN Delegate shall not exercise the power of ejection or banning unless expressly authorized by a specific action of a government authority of the region pursuant to this Constitution or to the Legal Code.
9. Each Nation in The North Pacific is guaranteed the organization and operation of the governmental authorities of the region on fundamental principles of democracy, accountability, and transparency. No action by the governmental authorities of the region shall deny to any Nation of The North Pacific, due process of law, including prior notice and the opportunity to be heard, nor deny to any Nation of The North Pacific the equal and fair treatment and protection of the provisions of this Constitution. No governmental authority shall have power to adopt or impose an ex post facto law or a bill of attainder as to any act for purposes of criminal proceedings.
10. Each Nation entitled to a vote in any manner under the fundamental laws of the region is entitled to the equal treatment and protection of that Nation's right to vote.
11. No governmental authority of the region has the power to suspend or disregard this Constitution or the Legal Code In the event of an actual emergency, the governmental authorities of the region, with the express consent of the Nations of the region or their representatives, is authorized to act in any reasonable manner that is consistent as practicable with the pertinent provisions of this Constitution.

1) No one can order you to follow their commands on issues or order you to vote or participate within the United Nation.
2) All public officials are required to do their best for the citizens. If for any reason, your elected official is not satisfactory then please feel free to make a petition. Please have your petition in store-bought condition and proof of purchase. Free speech (though we're all really typing not speaking), free press, and free expression of religion is the norm and public officials (through sections of cabinet) are even required to encourage this! Remember this section if you ever feel like asking a stupid question!!
3) Sorry Wiz but activity clauses are illegal and UN membership should have nothing to do with regional government activity! For those smart-buts about to add in a snide remark about Defense, membership within the intelligence does not require UN membership.
4) Your endorsement is important and sacred, so use it wisely and never out of fear!
5) No the chain of command is not a chain that Flem will beat you with if you don't follow his commands! (Serenity joke) If you feel anybody in government has wronged you in anyway, you may request impeachment procedings as long as the offence is something the constitution says is wrong. So yeah, Hers stepping mud onto your Pumas or that one wild drunken bar fight with Ator doesn't count.
6) No one can be charged of a crime not outlined in the Constitution or legal code or be charged twice under the same crime. And they can't incriminate themselves. So you sleeping with your sister might not sit well in my stomach but I can't charge you for it.
7) Everyone is guaranteed a just and open trial, to be considered innocent until proven guilty, and a lawyer of their choosing. Also, the punishment should fit the crime. Being a day late in saying your oath of office and condemned to watching a marathon of every Paulie Shore movie in existence is a big no no!
8) If the delegate bans anyone, they need express permission from a whole slew of people and if they don't bother to ask then we'll be on them like stink on shit.
9) Everyone in the region is guarateed a government that is accountable, democratic, and openess. No one is to be denied the right to be heard, ignored, and to wear spandex during court proceedings.
10) Everyone is covered under the same law, no OJ Simpson stuff here.
11) No can ignore or declare this invalid unless given the express consent by the region.

ARTICLE II. Membership and Registered Voting.
Section 1: Requirements.
In order to remain as legal members of The North Pacific, a Nation is expected to adhere to the following requirements:
1) Each member Nation will abide by the Constitution of The North Pacific and The North Pacific Legal Code enacted pursuant to Article IV of this Constitution.
2) Each member Nation shall refrain from the threat or use of force against the territorial integrity or political independence of any other nation or region in a manner inconsistent with the Constitution of The North Pacific.
3) Each member Nation shall refrain from giving assistance to any nation or region against which The North Pacific is taking defensive or enforcement action. Exceptions shall be given to Nations acting with official authorization of the North Pacific Army or the North Pacific Intelligence Agency, and is subject to the consent of the Cabinet minister having appropriate jurisdiction.

To be a citizen you must:
1) follow the Constitution
2) not go Tanya Harding on another nation
3) not be involved with Angelina Jolie after she so screwed over Rachael from Friends!
4) and not in any way or in any fashion do anything to support or suggest or involves the use of CLOWNS! Because. Clowns. Scare. Us.

Section 2: [Registration].
In the interest of Regional security, member Nations shall be required to register with the Regional Assembly prior to voting in Regional elections or referenda, as prescribed by the following procedures:
1) The Minister of Immigration and Internal Affairs shall oversee the process of registration, aided by the Prime Minister and the Regional off-site forum administrators.
2) Nations that reside in The North Pacific and who agree to abide by the requirements outlined in Article II, Section 1, of this Constitution will request Regional Assembly membership at the Regional off-site forum by posting a request in a thread for that exclusive purpose, created by the Minister of Immigration and Internal Affairs.
3) In their request, Nations will be required to post a link to their TNP member Nation and their UN member Nation at NationStates.net, and in doing so, verify that they have taken the following oath:

"I, (Forum Name), as the leader of the (Official Full National Name), pledge to obey the Constitution and Laws of The North Pacific Region, and to act as a responsible member of its society.  I understand that if my Nation leaves The North Pacific region for reasons other than participation in North Pacific Army deployments that I may be stripped of my right to vote and required to reapply.  I pledge to only register one Nation to vote in The North Pacific.  I understand that my registration of, or attempt to register, multiple Nations to vote in The North Pacific shall warrant the summary withdrawal of my right to vote from all my Nations, past, present, and future, as well as possible expulsion from the Region. In this manner, I petition the Regional Government of The North Pacific region for membership in the Regional Assembly."

4) The Minister of Immigration and Internal Affairs, the Prime Minister, the Regional off-site forum administrators, and any other support personnel of the Regional Government deemed necessary are empowered to conduct investigations and make inquiries deemed necessary for the enforcement of The North Pacific voter registration provisions outlined in this Constitution, The North Pacific Legal Code, or other laws enacted pursuant to this Constitution.
5) The Minister of Immigration and Internal Affairs shall expeditiously process each such registration request, and shall place any Nation accepted as a member of the Regional Assembly in a public listing of current members maintained for that purpose at the Regional off-site forum.
6) At any time, should sufficient evidence be brought to the Minister of Immigration and Internal Affairs that proves that a Regional Assembly Member fails to meet the requirements for membership due to the deletion of a Nation from NationStates through inactivity or NationStates Moderator intervention, that Nation's name may be purged from the list of members. Should a Nation, whose membership has been purged, later be found to have been resurrected in NationStates, or that the Nation become a member of the Region once again, they may re-apply for voting rights according to the procedures in the preceding clauses of this Section. The act of expulsion or banning of a Nation from the Region prior to a trial or a referendum does not affect its status as a member until and unless a final judgment is entered in a judicial proceeding or a final certification is entered in a referendum, whichever is applicable to the given situation. The North Pacific Legal Code may provide authority to the Minister of Immigration and Internal Affairs for the periodic purging of the names of member who are no longer eligible to vote in the Region, upon due notice because they no longer meet the requirements of this Section.

To be a citizen, you have to join the Regional Assembly and who takes care of the registration?
1) The Minister of Immigration and Internal Affairs!! With help from the Prime Minister and Off-Site Administrators.
2) If you follow everything I've said before, then you can join the Regional Assembly. Do that by simply posting in the membership thread of the Immigration section and follow the instructions, now cavity search free!!
3) In your request, you must take the oath.
4) The people in charge of registration have the right to investigate your application within the realm of rights given to you by the Constitution and the Legal Code. Remember, no proxy servers!
5) Members names will be published and membership will be sorted out soon or your money back!
6) The MoIIA must have valid proof to deny your application and should you leave or be banned from the RA then you are allowed to try again.

Section 3. Jurisdiction, Review of Regional Government Action

1) Nations who register to vote in this Region are subject to all the provisions of this Constitution, The North Pacific Legal Code, or other laws including but not limited to the provisions of Article III; Section 1, Clause 5 of this Constitution. Each Nation entitled to a vote in the manner prescribed under this Constitution or The North Pacific Legal Code, is entitled to the equal treatment of that Nation's right to vote.
2) The UN Delegate for The North Pacific, the Prime Minister, any Cabinet Minister, any deputy Cabinet minister, and the Attorney General shall act only in the best interests of the Region. Should any Regional Assembly member believe that the actions of the Delegate, the Prime Minister, or any other official in the Regional Government are inappropriate, or would serve the Region better if enacted as permanent law, that Nation may draft a petition, describing the action taken, to be signed by at least one other member, and then posted in a appropriate thread in the Regional off-site forum for the Prime Minister's office. The Cabinet shall review all such petitions. After deciding on the proper action to be taken, whether it is to overturn that action or to adopt that action as permanent law, the Cabinet shall put its decision up for a referendum of the Regional Assembly. If a majority vote is cast by the Regional Assembly (with a quorum of voters participating) in favor of ratification of the Cabinet's decision, it shall be carried out immediately.
3) No government official shall have the authority to change the designated off-site forum for regional governance without approval of a majority of the members of the Regional Assembly.

1) Your right to vote is held as sacred as others, despite your admission of harbouring clowns.
2) All elected officials are to make decisions with the people in mind, if you feel their decisions do not meet your standards or is so finger licking good that it should be made law, you can petition the decision, let cabinet decide if it is agreeable then let the region decide with a vote.
3) No can change the location of the forum without a majority vote saying so.

Section 4. Political, Diplomatic and Military Relationships With Other Regions.

A - The North Pacific may establish and maintain appropriate political, diplomatic, or military relationships with other regions in NationStates, in accordance with provisions enacted as part of the North Pacific Legal Code.
B - Political, diplomatic, or military relationships shall only be established by agreement or treaty. Either the Minister of External Affairs or the Prime Minister has the power to submit a proposal to accede to or withdraw from any agreement or treaty relationship with another region, or multi-regional organization, to the Speaker for approval of such proposed action by a majority of the Regional Assembly in a referendum with a quorum participating. The voting period for the referendum shall be for five consecutive days. Should the action be approved, action to implement the proposal shall be taken by the Prime Minister, the Minister of External Affairs, or the Cabinet of the Regional Government, as appropriate in the circumstances.
C - Provisions for the establishment of a commonwealth relationship, a protectorate relationship, a colony relationship or other political relationships with other regions by treaty or agreement shall be established in the North Pacific Legal Code. A treaty or agreement that provides for establishment of a commonwealth relationship shall expressly provide for the rights of nations of the other region to acquire full and equal citizenship and Regional Assembly Membership in The North Pacific under the provisions of this Constitution.
D - Provisions for military alliances, military co-operation, and joint military operations by treaty or agreement shall be established in the North Pacific Legal Code. Such provisions may provide for approval of deployments by the Security Council in appropriate circumstances as provided by law.
E - Provisions for the establishment of embassies, consulates, and interest sections by treaty or agreement shall be established in the North Pacific Legal Code. Such provisions of law may provide for establishment of consulates or interest sections on request of another region or multi-regional organization, but no embassy may be established except by a formal treaty or agreement.
F. Negotiators can reject any proposal deemed unsuitable, before it is presented for vote (should that be required.)

A) The region may be involved in political, diplomatic, or military entanglements as long as they conform with the law.
B) Cabinet can decide to approve, decline, or change treaties while the Regional Assembly just gets to say yes or no.
C) Any other relationships we want to have can be outlined and legislated into the Legal Code.
D) Treaties we decide we want go into will be in the Legal Code.
E) Consulates and embassies also fall under the Legal Code.
F) Negotiators get to decide what the RA gets to vote on.

Stay tuned for more!!

 

[mr_sniffles]

Article III: Elections and Elected Offices
Section 1: Election Procedures.

A - Procedures for the election of the UN Delegate, the UN Vice Delegate, the Prime Minister, the other Ministers of the Cabinet, the Speaker of the Regional Assembly, and the Security Council shall be as provided by this Constitution and by law in The North Pacific Legal Code.

This section covers the election of all the listed positions of power, basically every elected office but judges and beauty queens.

B - Elections and referendums shall take place on The North Pacific Regional off-site forum. Elections for the UN Delegate, the UN Vice Delegate, the Prime Minister, the other elected Cabinet Ministers, the Speaker of the Regional Assembly, and the Security Council, shall be held every three calendar months in the months of February, May, August, and November. Voting shall commence at 12:00 am GMT on the first day of the designated month and end at 11:59 pm GMT on the seventh day of the designated month. Voting in any necessary runoff election shall commence at 12:00 am GMT on the tenth day of the designated month and end at 11:59 pm GMT on the sixteenth day of the designated month. Nations take office when a certificate of results of an election are published.

The following section recognizes that this forum as the only place acceptable to hold an election while outlining the length of terms for each position excluding members of the judiciary and American Idol contestants. Cabinet positions including the Speaker and members of the the Security Council can only serve for a term of three months before facing an election, set every Feb, May, August, and November. Voting times last seven days by GMT times with run-offs held three to seven days after the general election, thereby ten to sixteen days after voting commences. Terms end after the certificate of results are published.

C - All Nations who have joined the Regional Assembly under the provisions of Article II, Section 2, of this Constitution and who reside in The North Pacific, or are active members of The North Pacific Army or The North Pacific Intelligence Agency, shall be entitled to submit a single vote for each election regardless of UN status. No person shall be permitted to cast more than one vote, through one or more Nations.
D - Only Nations who are members of the Regional Assembly when the voting period commences shall be entitled to vote, which shall take place exclusively at the Regional off-site forum.

Only nations who are members of the Regional Assembly may vote, your nation must reside in the North Pacific with soldiers and intelligent operatives excluded. You may vote with or without UN membership but you are allowed only one vote per person.

E - Nations that join the Regional Assembly after a voting period commences shall not be able to vote in the election of offices or positions under this Constitution, or on referenda as to any other matter subject to a vote of the Regional Assembly as provided in this Constitution, or The North Pacific Legal Code, until the next election or referendum that occurs after that Nation's registration is validated and accepted.

You can only vote if you were registered before the voting times took place.

F - The quorum requirement for Regional Assembly members in referenda on motions to approve, ratify or confirm actions, nominations or appointments, and on bills to enact laws, do not apply to the elections of the UN Delegate, the Prime Minister and the Cabinet Ministers, the Speaker of the Regional Assembly, and the Security Council for a full term, or for any necessary runoff elections.

General elections are not required to adhere to quorums, where a minimum of twenty votes or ten percent of the general population has participated (whichever is higher.)

G - Candidates must adhere to the provisions on term limitations provided in Article III, Section 3, of this Constitution. If and when elected, candidates automatically resign any office they may then hold, other than as a member of the Regional Assembly, unless they have been elected to a consecutive term in that same office.

Candidates must not have served over two terms in a year or four terms in the past two years.

Section 2: Elected Offices of the Regional Government.
The following offices shall comprise the Cabinet of The North Pacific Regional Government. Except for the UN Delegate for the Region, the Prime Minister and each Cabinet minister shall have a vote on any Cabinet action. The UN Delegate for the Region, the UN Vice Delegate, each Cabinet-level position, and all other positions established in the Regional Government, has the responsibility to uphold and enforce this Constitution, and to implement and comply with the actions taken by the Regional Government pursuant to this Constitution or The North Pacific Legal Code. Each Cabinet-level position shall have the duties and responsibilities as listed in this Section or as provided elsewhere in this Constitution or in The North Pacific Legal Code. Each Cabinet-level position shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed upon, that position under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.

The positions about to be described are considered Cabinet level positions where they are allowed one vote in Cabinet decisions, control over their respective ministries, and are responsible for the duties also soon to be outlined. However the positions of UN Delegate and Vice Delegate are excluded from having Cabinet powers though are still restricted by Cabinet term limits.

1) UN Delegate for the Region and Vice Delegate.
A - The UN Delegate for The North Pacific and the UN Vice Delegate shall be elected through the process described in Section 1 of this Article and the North Pacific Legal Code. The Delegate shall be considered as the ceremonial head of state, but not as head of government, for The North Pacific. The Vice-Delegate shall be considered as the deputy for the Delegate, and who may, where circumstances warrant, act as the Delegate.

Delegates assume power through elections though they are our figureheads they are mainly responsible for sitting and looking pretty rather than ruling us with an iron grip. Should circumstances lead to a situation where the Delegate cannot perform his/her duties then the Vice Del will take over.

B - The UN Delegate for the Region shall maintain the Delegacy in accordance with this Constitution. The UN Delegate for the Region shall securely hand over the Delegacy to the Nation that is duly elected as the successor to the office of UN Delegate in accordance with the provisions of this Constitution. The Delegate's primary role shall be to represent the interests of The North Pacific's UN member Nations through votes on UN resolutions at quorum; it shall be understood that this objective can be best achieved through open and regular communication with member Nations at The North Pacific off-site forum, via private message at that forum, or by telegram through NationStates.net. The Delegate shall have authority to approve proposals submitted by UN member Nations for consideration in the UN at the discretion of the Delegate.

These rules are specifically outlined to curb rogue dictator like tendencies, obviously the Delegate must: serve the constitution, hand over the position to the next person awarded through elections under the terms set out in the Constitution, and follow the wishes of the region on UN resolutions. However the Delegate is allowed to vote by their conscience when approving UN proposals in quorums (prospective laws hoping to get the chance of an UN wide vote.)

C - The UN Delegate for the Region shall vote on UN resolutions in accordance with the majority of UN member Nations in the Region as determined by a canvass of votes cast concerning each specific UN resolution on the floors of the UN on the Regional off-site forum, or through the other specified means of communication. The Delegate shall be required to post the names of all UN member Nations and their votes the Delegate has received or noted as to each resolution at vote on the floor of the UN. Each such canvass shall be posted on the Regional off-site forum in an appropriate thread, so that the votes of each UN member Nation may be confirmed and verified by the UN member Nations of the Region. The Delegate shall maintain and modify the World Factbook Entry on the Region's homepage at NationStates.net from time to time in accordance with the wishes of the Regional Government.

The Delegate holds the sole authority of messages in the World Factbook Entry for the North Pacific and must vote on UN resolutions representative of the majority opinion expressed publicly in the UN section of the forum.

EDIT - thanks for the save, schnauzer!

 

[mr_sniffles]

Article 3, Section 2, 1.D
D- In certain specified circumstances, the UN Delegate for the Region may vote to break a tie between candidates included in a runoff election for the UN Vice Delegate, the Office of Prime Minister and for the Offices of the other Ministers of the Cabinet. The Delegate shall have no vote in meetings of the Cabinet, however, the Delegate is authorized to participate in Cabinet discussions and to attend such meetings.

Once again the Delegates are not allowed a Cabinet vote but are allowed to be in the discussion. In the event of a tie within a run-off vote, the Delegate casts the tie-breaking vote only for the elections for the Vice Del, and other Cabinet positions. However in the election for the Delegacy, the majority consent of Cabinet will decide the election. These safeguards are in place to avoid countless run-offs. (Special thanks to schnauzers)

E - The UN Delegate and Vice Delegate for the Region shall have no authority to act in any other manner with respect to the Regional Government, unless such authority is expressly granted to the Delegate or Vice Delegate through process of Amendment of this Constitution, and not by implication. The North Pacific Legal Code may not alter the powers or authority of the office of Delegate or Vice Delegate.

This is yet another display of the lingering bitterness from our rocky past, the delegates have absolutely no right to dictate, order, go to the washroom, and/or basically do anything that is not Constitutionally provided in respects to the Regional Government. Though further powers may be granted by amendments to the Constitution, the following passage is the line in the sand which rests ultimate legal and political authority within the elected members of Cabinet. Last but not least, any changes involving the role of delegates must be ratified within the Constitution since amendments must recieve two-thirds support rather than the standard 50+1% of enacting bills into the Legal Code.

F - At all times during the term of office, the Vice Delegate shall have the second greatest number of endorsements in the Region which shall be exceeded only by the number of endorsements held by the Delegate. The Vice Delegate may be authorized, by a vote of the Security Council on grounds of regional security, to temporarily assume the Delegacy under NationStates procedures whenever the Delegate may be unable to act or is not recognized within NationStates as the UN Member with the greatest number of endorsements within the Region or for other similar reasons of regional security. Upon the subsequent formal posted declaration of the Delegate that he or she is able to again act as Delegate of the Region within NationStates, the Delegate and Vice Delegate shall take any necessary action to cause the transfer of the Delegacy back to the elected Delegate.

The following outlines the duties and responsibilities of the Vice Delegate, like having the second highest endorsement count, the power to assume the delegacy with the approval of the Security Council if the Delegate becomes inactive or postal, and the right to take any "necessary action" (spoken in a cold Remington Steele impersonation) if the Delegate loses the confidence of the region and/or to relinquish the Delegacy if so demanded.

2) Prime Minister.
A - The Prime Minister is the head of the Regional Government. The Prime Minister shall preside at all meetings of the Cabinet. The Prime Minister shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed upon, the Prime Minister under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.

This is a description of the basic duties and powers of the Prime Minister, following Parliamentary tradition, this office is a fusion of both executive and legislative powers. The first among equals, if you may. This passage outlines the leadership role expected of the PM but under a closer look, is severely lacking in overall responsibilities compared to other ministries. One would argue that even the Minister of Arts and Entertainment has more to do on any given day. But lets continue...

B - In the event of a vacancy in the Office of Prime Minister, the Cabinet shall nominate a new Prime Minister, from among any of the Nations that meet the eligibility requirements for election, within seven days. The designation of the Nation nominated by the Cabinet is to be confirmed in a referendum of the Regional Assembly, in which a quorum participates, through a motion of confirmation. The nomination and referendum election shall be conducted as expeditiously as practicable. The Nation nominated for Prime Minister shall meet all qualifications for the office, and the nominated Nation is subject to any and all limitations for service provided in this Constitution or The North Pacific Legal Code. During the interim period between the creation of the vacancy in the office of Prime Minister and the confirmation and installation of a successor to the office of Prime Minister, the Cabinet shall collectively have the authority to exercise the duties and responsibilities of the office.

Procedures in the event of an AWOL or deposed Prime Minister are: a nominated replacement candidate selected by Cabinet, who must follow all the standard terms of elligibility, and is in no way expected to be released from any the standard restrictions regarding the position of the Prime Minister. Until the candidate is confirmed by a referendum vote, the Cabinet will assume the duties and responsibilities through 50+1% votes on each decision.

C - There is to be a North Pacific Intelligence Agency whose duties are to collect and analyze confidential intelligence information for the benefit of the Regional Government and the region as a whole. The Prime Minister shall appoint the leadership of the North Pacific Intelligence Agency after consultation with the personnel of that agency. Any matter concerning the Agency's activities and personnel, except in the case of a criminal prosecution, shall be discussed in confidence without reference in any public record; however, there may be disclosure of confidential information in connection with a criminal or impeachment proceeding. The Prime Minister shall be responsible to the Cabinet and the Regional Assembly for the ongoing oversight of the Agency.

Finally we see what being Prime Minister is really about, the PM appoints the shadowy director, reviews the information gathered, and duly elected to be the sole protector of the region's strategic interests.

In my own experiences, the role of the Prime Minister is much more than what is written here. A position defined more by customs and conventions, a leadership role binding not just the failings of Cabinet but failings of the Constitution and the region as a whole. Ignoring game dynamics where this document is only valid at the whim of the Delegate, the Prime Minister holds the most powerful position in all of the North Pacific Government. With each cabinet minister confined to their respective areas, pursuing their own and frequently overlapping agendas; the Prime Minister's unsaid role is combining them all with the lively legislation from the Regional Assembly into one cohesive movement and vision. I feel that without a Prime Minister, activity would severely drop coupled with factioning of many fragmented agendas. Warring bureaucratic offices and the restless RA members wildly denouncing the government as a whole.

The North Pacific is a region of great diversity and acceptance, some of what I see in Canada I see in here. We have members from every cross-section of Nationstates. Calling this great region home, a place of safety and liberty. How else are we so burdened with rogue-delegates? We have prominent citizens from the ADN to the most notorious of raiders (Blue Wolf, since I've joined the NPA you've completely changed my outlook on invaders) to former NPO members to isolationist and ignorant natives (me) to the very citizens who used to rule us with venal ruthlessness. Obviously we all have differing values and outlooks but what's not obvious is that our government can accept these people as equals and not fall into disarray. The Prime Minister is like a funnel, the great surge of beer swishes at great undeniable speed but despite it all, all of our supposed grave disagreements; each and everyone us, through our differences, pour into a North Pacific that is a better stronger slightly more drunk region. Able to weather the largest of ideological divides, a welcome home to sworn enemies, and always a place where people from all kinds of political persuasions co-exist peacefully in being treated equally by our differences. What divides us can never break our shared belief in one and only one thing: we are all North Pacificans.

 

[mr_sniffles]

Art 3.3

3) Minister of Immigration and Internal Affairs.
A - The Minister shall be responsible for communicating with new member Nations, answering questions and highlighting regional procedures and guidelines.
B - The Minister shall be responsible for compiling domestic intelligence and enforcing Regional guidelines.
C - The Minister shall be responsible for overseeing the Regional Assembly registration process and procedures in conjunction and with the support of, the Prime Minister, the Regional off-site forum administrators, and other support personnel within the Regional Government, as designated by either the Prime Minister and/or the Cabinet of the North Pacific Regional Government.

a) The MoIIA's duty is to reach out to new nations within the North Pacific and to properly introduce them to our endless facets.
b) First they're all smiles and helpful, then they're watching your every move and compiling a database about your winks, farts, and but scratching. Let it be known, if you fart illegally, this minister'll be on it like THAT.
c) This minister is the one to go to when looking to apply for citizenship (basically, joining the Regional Assembly) while keeping a watchful eye on elligibility in becoming a candidate or voting for a candidate.

4) Minister of External Affairs.
A - The Minister shall be responsible for establishing and maintaining relations and alliances between The North Pacific and other regions and multi-regional organizations, in accordance with the wishes of the majority of the registered voters of the Region.
B - The Minister shall recruit, oversee, and direct The North Pacific Diplomatic Corps, subject to the provisions of this Constitution and The North Pacific Legal Code.

a) When dealing with any body outside of the North Pacific, who you gonna call? The MoEA that's who!
b) When dealing with the diplomatic corp, the Minister of External Affairs is top dog next to the codified laws which guarantees their job.

5) Minister of Defense.
A - The Minister shall be responsible for recruiting, organizing and directing the North Pacific Army for the protection of the region and its allies.
B - The Minister shall work with the Minister of External Affairs to identify threats to the security of the Region, and to advise the Prime Minister and the Cabinet on proposed strategic alliances for regional protection purposes

a) Once again, when dealing with anything military; the MoD is the person to look to.
b) however when it comes to dealing with the security of the region and exciting new alliances, it's up to the MoD to work with the MoEA to consult the PM with the OPP (yeah you know me!)

6) Attorney General, serving as Minister of Justice.
A - The Attorney General shall be the chief prosecuting officer in The Court of The North Pacific, and shall exercise those responsibilities and duties imposed on the Attorney General under this Constitution and as provided in The North Pacific Legal Code

Now on to my industrious job! Which is basically, whenever a trial is going on I am the default prosecutor against anyone accused of commiting a crime. It's also my job to be the protector of the Constitution and Legal Code, yeah that's right, being so amazingly hot and funny is all me not the title.

7) Minister of Communications.
A - The Minister shall be responsible for initiating, directing and moderating debates on subjects of Regional and national interest, such as legislative and Cabinet issues within the Regional Government, UN proposals and resolutions, and general interest discussions.
B- The Minister, in conjunction with the Prime Minister or the minister with appropriate jurisdiction, shall be responsible for the publication of the actions of the Regional Government, both within and outside of the Region.
C- The Minister, unless required for specified identifiable reasons of regional security to withhold specific material (as determined in each instance by a majority vote of the Cabinet), shall provide the publication if full of the records and minutes of Cabinet proceedings and debates. The vote of the Prime Minister and each Cabinet Minister in a Cabinet meeting shall be a matter of public record.

A) The job of the MoC is to inform and create discussion about regional going-ons, from the drunken exploits of Cabinet Ministers to zany new legislation to dangerous hat sizes.
B) When dealing with government information, the MoC and the minister from the related section should work together to better display the message. Whatever the hell it might be!
C) The minister is also responsible to public Cabinet going-ons unless given a whack with the shut-up stick by the Security Council, Court, Prime Minister, or MoD. Yeah that's right, our government has absolutely nothing to hide from you! (Says those in government with the shifty eyes.) However most of this is moot since the opening of sections in the Cabinet Hall.

8) Minister of Arts and Entertainment.
A - The Minister shall be responsible for moderating the Out-of-Character, Role-Playing and Games forums at the Regional off-site forums.
B - The Minister shall initiate and oversee activities and topics for the general entertainment of The North Pacific's member Nations.

When dealing with fun either out of character or just plain crazy, the MoAE is the office responsible for that. Despite the grumblings of how this office secretly keeps together the fabric of reality and controls Cabinet and all recesses of power with an iron grip; they also know how to have fun!

9) Minister of Culture and Education.
A - The Minister shall encourage the Cultural and Educational arts and industries, protect The North Pacific's heritage, and advance the public information system of the Region in order to maximize their contribution to the region's awareness and social vitality.

a) The job may call for educating on North Pacific culture, our values and history but painfully overlooks the lonely art of achiving. A real man's art.

Section 3: Term Limitations.
1) No person, through one or more Nations, who has acted in any Cabinet-level position as Delegate, as Prime Minister, or as a particular Cabinet Minister, for more than one half of a term to which some other person was originally elected, shall be subsequently elected to that elected office of the Cabinet more than once, pursuant to this section.

Those who have served one half of a term are still restricted from running again as defined later on in this section. (really it only sounds confusing, just keep reading!)

2) No person, through one or more Nations, may hold any Cabinet-level position for more than two consecutive terms.

You can serve two terms in a row but not three! Get the above part now?

3) No person, through one or more Nations, may hold any Cabinet-level position for more than two terms within a one year period.

If you don't serve consecutively, you still can't serve more than two terms in a year.

4) No person, through one or more Nations, may hold any Cabinet-level position for more than four terms (consecutive or otherwise) over a two year period.

To detract the sneaky sneakies, you also aren't allowed to serve more than four terms in two years.

5) For purposes of this section, service by a person, through one or more Nations, in a Cabinet-level position for more than one half of a term to which some other person was originally elected or appointed, shall be treated as a complete term in that office.

Any deputy who fills in for an out-going minister, who serves more than a half term will be considered as a member who served a full-term in the view of Term Limits.

6) For purposes of this Constitution, "Cabinet-level position" is construed to refer to the UN Delegate for the Region, any UN Vice Delegate who has acted as UN Delegate for the Region for more than half of an elected term of office, the Prime Minister, any Cabinet Minister of the Regional Government, any deputy Cabinet Minister who has acted as a Minister for more than half of an elected term of office, or the Attorney General.

Pretty self-explanatory, cabinet position means every elected official excluding judges and members of the Security Council and American Idol winners.

Section 4: Rules and Requirements for the Cabinet of the Regional Government.
1) To stand for elected office, a candidate must be a member Nation of The North Pacific (as outlined in Article II, Section 1 of this Constitution ). UN membership is not required, but it is recommended. Nations with UN membership should reside within The North Pacific unless active in the North Pacific Army

.

To be eligible to run for office, you must be a citizen and qualify for everything needed to be a citizen as documented in Art 2.1 and be in the North Pacific excluding members of the army.

2) The Nation must be a member Nation of the Region, and be an active Regional off-site forum member for a minimum of one month prior to the date of the acceptance of a nomination to, or a declaration of candidacy for, elective office. Should a member Nation be inactive or leave the Regional off-site forum for a period of three weeks or more, they shall be required to become and remain active in the Regional off-site forum for at least one week following their return before that Nation may accept any nomination to, or declare itself as a candidate for, any office.

Yoy also have to have been a member of this forum for more than a month before nomination time and if you've been away for more than three weeks, you have had to be active for more than one week to re-qualify.

3) Cabinet members shall not hold more than one Cabinet-level position at the same time.

Can't hold two offices at the same time.

4) Cabinet members shall not violate the term limitation provisions of Section 3 of this Article of the Constitution.

Can't have served more than two terms consecutively, two terms in a year or four terms in a year.

5) To stand for election as the Minister of Defense, a candidate shall have received the endorsement of a majority of the nations then in active service in the North Pacific Army within seven days prior to nomination or declaration of candidacy. Members of the North Pacific Army may endorse one or more candidates that stand for election as Minister of Defense in the same election.

To be the Minister of Defense; you must be already in the North Pacific Army, be active in at least seven days before elections begin and have the majority vote of NPA members.

Section 5: Deputy Ministers.
1) All Ministers are required to appoint a Deputy Minister within seven days of their election, or upon a vacancy in, or a resignation of a Nation from, the office of a Deputy Minister.

If elected to higher office, you have to have a deputy within seven days of taking office (when the election results are certified.)

2) The Deputy Minister succeeds to the Minister's position on an interim basis until the next election should the elected Minister resign, vacate, or otherwise be unable to hold office.

If a Cabinet minister leaves before their term is complete, the deputy takes over until the next election time.

3) Where a vacancy occurs in any Cabinet Ministry and no Deputy for that Minister is then installed in office, the Prime Minister shall appoint a Deputy Minister who is qualified to serve as a Cabinet Minister, subject to a confirmation referendum of the Regional Assembly. In that instance, the appointee shall serve as Minister on an acting basis until the referendum election is completed. If confirmed as a result of the referendum, that appointee shall thereupon assume the position of Minister and Cabinet member for the interim until the next election for that office. A vote of the Regional Assembly is required to approve a motion for confirmation of such an appointment by the Prime Minister. If, after seven days, a quorum of the Regional Assembly has participated and at least 50 per cent of those voting approve of the motion to confirm the appointment, the appointee shall remain in office to serve on an interim basis until the next election. If the motion for confirmation fails to receive such approval, then the appointee is not confirmed to serve as that Cabinet Minister, and the Prime Minister shall promptly propose another nominee for Deputy Minister, who shall act then as minister, subject to approval of a motion for confirmation in a referendum by the Regional Assembly.

When there's no deputy to fill in for a Cabinet vacancy, the Prime Minister will appoint someone to fill in before or until the Regional Assembly votes to accept him/her. Rinse and repeat until one is accepted by the RA.

4) Service by a Deputy Minister does not constitute a Cabinet-level position unless serving as a Cabinet Minister on an interim basis until the next election for that office.

Being a deputy does not entitle you to being a Cabinet member or having a Cabinet vote unless the Minister allows the deputy to vote for him/her or has left the seat vacant allowing the deputy to take the boss' job.

5) Designees for Deputy Minister must adhere to the same requirements as for Ministers, as provided in Article III, Section 3, of this Constitution. In addition, Deputy Ministers may not hold another position as either Deputy Minister, Minister, Prime Minister, Attorney General, or as the UN Delegate for the Region.

Not officially being a Cabinet member doesn't mean your responsibilities aren't that of a Cabinet member. So everything a Cabinet minister can't do, a deputy shouldn't do too!

6) To be appointed as the Deputy Minister of Defense, a candidate shall have received the endorsement of a majority of the nations then in active service in the North Pacific Army within seven days prior to appointment.

To be the deputy minister of defense, you follow the same eligibility rules as the MoD excluding needing the most votes in the NPA.

ARTICLE IV. The Legislative System.
Section 1. The Regional Assembly of the North Pacific.
A - The Regional Assembly shall have the authority to adopt all laws, amendments to this Constitution, or other motions and proposals, except as otherwise expressly delegated in this Constitution to another governmental authority.

The Regional Assembly is the only authority to adopt, amend or introduce new motions or proposals in our legal systems. While the court for those confused can only interpret or strike down laws in the legal code as being incongruent with the Constitution.

B - The Regional Assembly shall be chaired by a Speaker, who is chosen by the Regional Assembly in an election for a three month term at the same time as elections for the Cabinet and Delegate.

The first among equals in the Assembly will be the Speaker who will be elected at designated non-judicial election times.

C - The Speaker shall preside over and act as debate moderator for the deliberations of the Regional Assembly. The Speaker shall keep discussions moving forward in an orderly and civil manner. The Speaker shall ascertain when the debate and deliberations on a bill have reached the point for a referendum, which shall be selected no later than 21 days from the date the bill is submitted for consideration. The Speaker shall have such authority as is necessary and proper to exercise the powers granted to, or to execute the duties imposed the Speaker under this Constitution or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.

The Speaker will referee all the verbal balls thrown at each other, while deciding which discussion is ready to move onto a vote and can't deny a popular bill from reaching a vote after twenty-one days.

D - The procedures for nomination and voting applicable for the Cabinet generally shall apply to the election for the Speaker, except for the provisions that govern term limitations on Cabinet-level positions. The Speaker may not hold any other office during the term of office to which that person is elected.

Eligibility and election restrictions set out for Cabinet also apply to the Speaker, excluding term limits.

E - Until otherwise provided by law, in the event of a vacancy in the office of Speaker, for any reason, the Regional Assembly shall promptly hold an election of its members to elect a new Speaker for the remainder of the term. In the interim, the Prime Minister shall chair the Regional Assembly. The election shall be organized as expeditiously as possible, but the period for nominations shall not exceed 48 hours, and the period for voting shall not exceed 72 hours, commencing within 24 hours after the vacancy occurs.

If there is a vacancy, the PM will sit in until another Speaker is elected. The replacement elections will start twenty-four hours after the vacancy is declared, with a two day nomination period, and followed by three day maximum voting period.

F - The Regional Assembly shall have power to adopt its own internal rules and procedures not in conflict with this Constitution or The North Pacific Legal Code. Voting on the adoption and amendment of such procedures shall be by a referendum of the members of the Regional Assembly for a voting period not to exceed 72 hours.

Any rules or decorum set within the Regional Assembly shall be set by RA members and no others, as long as they don't conflict with the Constitution and Legal Code. That's right, no No Homers club. Also the voting period on adopting such rules can't be more than three days.

Section 2. Adoption of Laws.
The North Pacific shall be governed by a code of laws that will constitute the rules and regulations of The North Pacific Region, to be known and cited as "The North Pacific Legal Code." In the event of a conflict, or a perceived conflict, between a provision of The North Pacific Legal Code and this Constitution, the provisions of this Constitution shall prevail.

In any event, the Constitution trumps everything else especially laws in the Legal Code. Any regulation not important enough or necessary enough to be in the Constitution will be in the Legal Code.

Section 3. Legislation.
A - Any member of the Regional Assembly may submit a bill to the Regional Assembly as a proposed law or submit a proposal for a constitutional amendment. Proposals shall be submitted to the Speaker.

Any citizen can introduce their bill to the Regional Assembly, those bills met with lukewarm or warmer reception with all the legalese in place can have it moved up by the Speaker.

B - The Speaker shall select the proposals to be voted on by the Regional Assembly. Bills and proposals that are selected for consideration shall not be frivolous. The subject matter of bills selected for consideration shall have as its object the implementation of this Constitution, the adoption, amendment, or repeal of provisions of The North Pacific Legal Code, or involve any other actions that are necessary and proper and that are authorized by this Constitution, The North Pacific Legal Code, or the other laws of The North Pacific. The Speaker shall not exercise the authority conferred in this provision in an arbitrary or capricious manner. The Speaker may confer with the Prime Minister, the Ministers of the Cabinet, or with the Chief Justice, for comment on a submitted bill or proposal.

The Speaker has ultimate say on which proposals in the RA get moved on up, this is to weed out the serious ones from the not serious ones. Though I still stand by my Pauly Shore equals public harm law...

Any proposal must be something to be included in the Constitution or Legal Code, or something to amend or take away from the Constitution and Legal Code. Anything else would be wasting everyone's time.

The Speaker should take their job to accept or dismiss proposals seriously and can take the advice of Cabinet, the PM, or the Chief Justice on certain matters or simply use it as an excuse to throw another hot-tub party.

C - During the 21 day period following submission, the Nation who submitted a proposal may revise or withdraw the proposed bill. Any proposed bill not selected for a referendum vote of the Regional Assembly within 21 days of submission shall be declared a dead bill.

The one who dealt it can smell it or revise and withdraw it. After twenty-one days of the proposal's introduction, if there's no movement it becomes a dead bill. More on what to do with those later on!

Section 4. Adoption of Laws by Regional Assembly Referendum.
A - Bills and proposals selected by the Speaker will be voted on in a referendum of the Regional Assembly.
B - A legislative bill is adopted as a law if, at a referendum in which a quorum of the Regional Assembly participates, the bill garners no less than 60 per cent approval of the votes cast during the voting period of one week.
C- The Speaker shall provide a notice of the referendum on the bill which shall include the date on which voting shall commence after a notice and comment period on the bill (in its final form) of at least 24 hours, but not to exceed seven days.

a) Since the Speaker chooses what can be advanced in the RA, the proposals advanced can only be voted on in the RA.
b) Voting periods last one week, support must be at least 60%, and the quorum is 6% of total members of the RA or twenty members, which ever is higher.
c) It's up to the Speaker to declare when the voting period begins, to inform members of it, and at least one day but not more than seven after formal discussion has begun.

Section 5. Quorum.
A - In order for any action to be adopted, a quorum of members of the Regional Assembly must participate in the referendum. Should a quorum not be achieved for any proposed action by the members of the Regional Assembly at the end of the voting period for a referendum, the proposed action will fail and not be adopted.

In order to not have the only five members not on summer vacation decide the fate of us all, a quorum is needed to be filled on any votes by the RA as a whole. So it isn't necessary for Cabinet votes but needed to vote members of Cabinet into office, anywhere and anything the RA votes for.

B - Quorum shall consist either a total of 20 legitimate votes cast by Regional Assembly members or be that number of legitimate votes cast by Regional Assembly Members that is equal to six per cent of the total number of members of the Regional Assembly, as applicable) at the time the referendum commences, whichever is greater.

Once again quorum is 20 votes by RA members or 6% of the total members of the RA, whichever is higher. Since it would take over 350 members of the RA to bypass the twenty minimum, it'll probably stay twenty for a while. Though I hope differently!

Section 6. Procedure for Certain Legislative Bills.
A - If, at a referendum, a bill receives more than 50 per cent, but less than 60 per cent, support of the vote, with the participation of a quorum, then consideration of the proposed bill will move to a debate thread at the Regional off-site forum where members of the Regional Assembly may further debate the bill for one week.

For a bill to pass onto the Legal Code, you need 60% but if you get under 60% and over 50%; the bill is revived for debate for another week and could get a re-vote. As long as it's not Liz Taylor plastic surgery revived.

B - At the end of that week, a second referendum vote will then be held and, if the bill receives 60 per cent approval of the vote with a quorum participating, the bill shall be adopted as a law. If the bill fails to receive 60 per cent approval after the second vote, it will be declared a dead bill

.

After the one week debate period, it will once again allowed to be voted upon in the RA. If it still gets under 60% it'll be declared dead, thrown out the car window, and ran over several times.

Section 7. Dead Bills.
A dead bill may be revived after one month, unless the Prime Minister and the Cabinet block its revival by majority vote.

Only the PM and Cabinet can block a zombie bill after the one month mourning period.

 

[mr_sniffles]

Article 4, Section 8

Section 8. Roles of Officials.

A - The Speaker, with assistance of the Minister of Immigration and Internal Affairs and the Prime Minister, shall be responsible for supervising referendum voting of any bill or proposal for a constitutional amendment selected for a vote of the members of the Regional Assembly, or of any other matters submitted to a referendum of all registered voters.

The MoIIA can help out the Speaker in making sure everyone colours inside the lines around voting time in the Assembly.

B - Once a bill, amendment, or other action is adopted after the referendum, if the bill does not specify which officer is responsible for the enforcement or implementation of such law or other action, then the Prime Minister and Cabinet shall ascertain which Minister or other officer is responsible for the implementation and enforcement of the law or other action.

If a bill calls for extra responsibility but doesn't state who should do it, the Prime Minister is by default the one with the shortest straw.

Section 9. Security Council.
A - The Regional Assembly shall elect a Security Council. The Speaker shall serve as the presiding officer of the Council. The Council shall have authority to endorse or otherwise approve such actions of an urgent or emergency nature that involve regional security other than the adoption of legislative bills and constitutional amendments as are specified in this Constitution and The North Pacific Legal Code. Any action by the Council does not supercede any requirement for approval by a referendum within the Regional Assembly, but serves as approval for action prior to such a referendum.

In any case of emergency in which the executives or Cabinet must make immediate and possibly illegal actions, it must undergo the review of the Security Council. However even with the approval of the SC, no one can trump the authority of the RA. Technically if the RA decides that it disagrees with the actions of both Cabinet and the SC, then they are Constitutionally required to stop.

B - The Security Council shall be composed of not fewer than five members of the Regional Assembly, elected for three month terms at the same time as the Cabinet, Speaker, and the UN Delegate. The total number of Council members shall be determined by law, but shall not be less than five nor more than that whole number which equals ten percent of the total number of Regional Assembly Members at the time the nomination period for elections commence. The members of the Council shall be elected by plurality vote of the Regional Assembly in the manner prescribed by law.

The SC can't have less than five members but no more than ten percent of all RA members. They are elected at the same time of Cabinet Ministers and the Speakers while not held to majority vote standards but my plurality. Example if there are seven seats are open then the top seven candidates, with the most votes gets the trophy (and the job, but we know what they're really after.)

C - Regional Assembly Members elected to serve on the Security Council shall arrange their affairs during their term of office on the Council so that they may participate in any matter brought to the Council upon notice not to exceed 24 hours. A quorum for the actions of the Security Council shall be not fewer than three Regional Assembly members as determined by law. The Speaker shall not have a vote in Security Council matters except in the case of a tie, but the Speaker shall count to the establishment of a quorum for a particular matter.

The quorum for the SC is three, the Speaker can vote in the event of a tie, and we don't care how explosive your diarrhea is! You have to vote on the issue within twenty-four hours or... you're off the island!

ARTICLE V. The Judicial System.
Section 1. The Court of The North Pacific.

A - The judicial authority of the Regional Government is vested in a court, to be known as "The Court of The North Pacific." The Court is composed of a number of judicial officers, that is, a Chief Justice and at least two Associate Justices, with such an additional number as may be ascertained by law.
B - Trials and Hearings in civil, criminal and impeachment cases shall be before a single judicial officer.

a) The judiciary is anyone in the Court. The members of the judiciary are the Chief Justice and two Associate Judges. If you need to ask me what the court is known as, please take a gun, point it at your head, and press the trigger. Repeat as needed.
b) Anything needing legal review excluding appeals can only be handled by ONE out of the three judges.

C - Appeals of final judgments of trials and hearings shall be to the Court en banc before the Chief Justice and all of the Associate Justices.
D - The Court has power to adopt rules and regulations for the procedure of trials, hearings, and its internal operations, including rules of evidence and the random selection of trial and grand juries, not inconsistent with this Constitution or The North Pacific Legal Code.

c) Appeals shall be heard by all the judges on the bench.
d) Like the RA, the Court decides their own rules on how things go down. Why they don't have the wigs that British Courts have is beyond me...

Section 2. Chief Justice and Associate Justices.
A - The Chief Justice shall be the head of the Judiciary of The North Pacific Regional Government. The Chief Justice is responsible for oversight of all judiciary activities in the Region, civil, criminal, or otherwise, including hearings on Regional security issues and ejections from the Region.

The Chief is numero uno in contrast with the other judges.

B - The Chief Justice and the Associate Justices shall each serve a term of six months. The Chief Justice and the Associate Justices shall be Members of the Regional Assembly who shall hold no other office during their tenure as judges.

All judges serve six month terms and can't hold any other Cabinet office other than RA member and SC member.

C - The term of office of the Chief Justice shall begin on the first day of the months of August and February. Nominations and referendums for the full term shall take place during the months of July and January. The term of office of the Associate Justices shall begin on the first day of the months of May and November. Nominations and referendums for the full term shall take place during the months of April and October. The Chief Justice and the Associate Justices shall be nominated by the Prime Minister with the advice and consent of the Cabinet, and during the interim period between the creation of a vacancy in the office of Chief Justice or an Associate Justice and the confirmation and installation of a successor to that office, the nominee shall serve as an acting judicial officer on the Court of The North Pacific and have the authority to exercise the duties and responsibilities of the office.

The Chief Justice terms are from August to February. Nominations begin one month before voting time and shall be chosen as candidates on the whim of the Prime Minister with the choice of listening or pretending to listen to the thoughts of Cabinet.

D - The appointment must thereafter be approved at a referendum, which shall extend for seven days, of the Regional Assembly, with the participation of a quorum, by at least a 50 per cent vote in favor of a motion for confirmation. The nomination and referendum election shall be conducted as expeditiously as practicable. If the motion for confirmation fails to receive such approval, then the appointee is not confirmed to serve as a judicial officer, and the Prime Minister shall promptly propose another nominee, with the advice and consent of the Cabinet, who shall act as a judicial officer, subject to approval of a motion for confirmation in a referendum by the Regional Assembly.

The voting period to confirm any judges shall be for seven days and must garner 50%+1 of votes cast. Quorum counts too. If the candidate fails to be confirmed, the PM chooses another one and round and round we go until we can confirm one!

Section 3. Civil Proceedings.
A - Any nation that believes some other nation in The North Pacific has caused injury to any right, liberty, privilege, protection, or other duty that belongs to that nation as a matter of right under the Constitution of The North Pacific, or The North Pacific Legal Code, and which does not rise to the level of a criminal offense, that nation may file, or may request the Attorney General to file, a civil complaint.
B - The Court may adopt procedures for trial of a civil complaint, which may be tried with or without a jury.

a) any nation that feels another non-office holding nation has infringed on their Constitutional rights but are not a criminal offense, then it's called a Civil Proceeding.
b) the court decides to rules and decorum and also if a jury is necessary.

Section 4. Criminal and Impeachment Trial Rules and Procedures.
A - The Court shall adopt rules and regulations as to the procedures for trial of criminal indictments, and the trial of government officials on articles of impeachment.

In criminal trials, civil trials, even elementary school class visits: the court shall decide the rules and decorum of what happens in the court.

B - All criminal trials shall include a randomly selected trial jury of five Regional Assembly Members drawn from the list of Regional Assembly Members.

Five people randomly make up the jury.

C - A jury shall have the power to recommend a proportionate punishment to any conviction to the judicial officer, who shall impose such recommendation as the sentence of the Court provided that the sentence is proportionate to the offense in scope and duration. Any sentence may include the suspension of any or all of a Regional Assembly member's rights to participate in the government as a Regional Assembly [member], to hold office, to participate in the North Pacific Army, to participate in the North Pacific Intelligence Agency, or otherwise, as deemed appropriate to the circumstances.

The jury shall recommend a punishment should the accused be found guilty, which the judge gets ultimate say. The sentence can be suspension of rights or straight out banning from participating in the North Pacific.

[

I]Section 5. Grounds for Civil, Criminal or Impeachment Proceedings.[/I]
The following acts shall constitute grounds for civil, criminal or impeachment proceedings:
A - Failure of a Nation to observe and abide by the Constitution of The North Pacific and The North Pacific Legal Code.
B - Failure of a Nation to refrain from the threat or use of force against the territorial integrity or political independence of any other nation or region in a manner inconsistent with the Constitution of The North Pacific and the North Pacific Legal Code.
C - Failure of a Nation to refrain from giving assistance to any nation or region against which The North Pacific is taking defensive or enforcement action. Exceptions is given to those Nations acting with official authorization of the North Pacific Army or the North Pacific Intelligence Agency, and is subject to the consent of the Cabinet officer having appropriate jurisdiction.
D - Failure of a Nation to Observe Its Oath of Office or its Oath as a Regional Assembly Member.

The following is enough to boot any elected official:
a) breaking the laws as said in the Constitution and Legal Code.
b) Treating a fellow member like dirt which is close but not spot on to what is illegal.
c) Taking arms against the North Pacific and NP interests without the consent of the proper jurisdiction. Ex- can't go to Canada, claim to be an ambassador and start up with the Eskimo jokes; trust me, those really hurt.
d) Breaking your oath, any of them!

Section 6. Continuity of Trials.
In the event an elected term of office for the Attorney General, the Prime Minister or the presiding judicial officer in a trial expires during trial proceedings, the outgoing incumbents of the designated offices shall complete the trial. In the event of a vacancy in the office during the trial proceedings, the acting or interim successor shall assume the responsibility for the trial without interruption or delay.

If a trial is going on during election time, the original Attorney General, Prime Minister, and/or Judges who were originally involved stay on until the trial is over. If there is a vacancy, unnecessary delay in replacing them is a big no no.

Section 7. Impeachment.
A - Any Regional Assembly Member may bring charges against a Cabinet-level position if they believe the officeholder has violated this Constitution or partaken in other gross misconduct. The Nation must provide enough evidence to a Grand Jury to warrant a trial.

Any RA member can bringforth impeachment proceedings should the evidence they provide be enough to convince a Grand Jury.

B - A panel of five Regional Assembly members who are not holding a Cabinet-level position and who are randomly selected from a jury pool shall be selected by the Chief Justice to review the evidence given. If the Chief Justice is being impeached, the Prime Minister will randomly select the Grand Jury. If any jury member expresses a clear bias, they shall be excluded from the Grand Jury and replaced with another juror. The Grand Jury shall have not more than 96 hours to review and weigh the evidence cited in the complaint, and determine whether a trial is warranted.

The five randomly selected non-officeholding RA members, will be chosen by the Chief Justice and will have four days to make a decision on whether or not to move forward. If the Chief is the one caught with the dead hooker in his/her car, then the Prime Minister will pick the Grand Jury.

C - All proceedings shall be recorded and sealed by the Chief Justice, or his/her designees, where applicable (including the Prime Minister if the Chief Justice is being impeached), until that officeholder is either exonerated or removed from office. Thereafter, the proceedings shall be published.

Everything that is said and presented will be recorded and provided to the public after the proceedings are over.

D - If the Grand Jury, by majority vote, decides that the given information provides a reasonable basis to warrant a trial for removal from office, the Chief Justice (or the Prime Minister, if the Chief Justice is being impeached) shall call a trial. This trial shall be conducted under the same rules as a criminal trial, except that the Prime Minister shall preside if the Chief Justice is being impeached, and all remaining Cabinet Ministers shall serve as the Jury. Should the defendant be found guilty, they will be immediately removed from office. After removal, the removed officeholder may be subject to expulsion from the Region following a separate criminal trial.

The Grand Jury can move to proceed with the impeachment after a majority vote (which is three.) The trial will have all the same rules as a criminal trial, except the Prime Minister will take over if the Chief is the one in hot water. Should the defendant be impeached and doesn't know what impeachment means, they will be removed from power as the door can hit their ass. Being impeach does not spare the guilty from being banned from the region following a criminal trial on their actions. Torches and pitchforks will be provided to the public for free.

Section 8. Right to Judicial Review.
A - Any nation may request the Court to review any statute, law, or other government action to determine whether that action, statute, or law is in conformity with or is in violation of a provision of this Constitution.
B- The Court may grant such a remedy as it determines to be appropriate in the circumstances.
C - In any such proceeding, the Court shall give notice to the Prime Minister and the Attorney General of the request for judicial review, and may permit the Regional Government or other parties to intervene in a judicial proceeding for the purposes of the requested judicial review.

a) any nation can ask the court to see if any action, law, rule or whatnot is a-ok with the Constitution.
b) the Court can issue orders to redress situations, like at the end of Judge Judy but before the hallway bitching.
c) In any proceeding, the PM, AG, and concerned parties will be notified by the Court.

 

[mr_sniffles]

ARTICLE VI. Expulsions.
Section 1. Expulsion.

Any Nation may be expelled from The North Pacific if found guilty of the following:
1) Violating any of the NationStates rules as provided on the NationStates.net website or as determined by a NationStates Moderator.
2) Violations of The North Pacific Constitution.
3) Violating the Regional membership regulations as outlined in Article I, Section 1 of the Constitution.
4) Violating The North Pacific Legal Code or other laws of the Region.
5) Violating the Rules and Regulations for Cabinet.

To be expelled you must have:
1) Violated NS rules.
2) Violated the Constitution
3) Violated the eligibility laws.
4) Violated any other laws outside of the Constitution.
5) Violated your public oath and duties.

Section 2. Power of Expulsion.
1) The Delegate may not expel a Nation without the express consent of the Nations of the Region by either a referendum vote, with the participation of a quorum, or by a trial and judgment that specifically imposes expulsion as a penalty or in the case of an urgent matter of regional security as referenced in Article I of this Constitution.

The Del can't eject a nation unless the RA approves it with all the usual referendum laws or have the approval of a guilty sentence from the Court.

2) The Judicial Branch or the Prime Minister can call a referendum vote of the Regional Assembly for the purpose of approving a motion for immediate expulsion by the posting of the case and evidence of needed action in a thread within the Regional off-site Forum and a notification of the motion and referendum on the Regional message board at Nationstates.net at any time.

If the Court finds someone guilty, they can also call for a referendum on whether the guilty person is worthy of being banned.

3) If more than half of the Regional Assembly Members who cast a vote in that thread, with a quorum participating, vote in favor of an ejection within a 24 hour period, then the Nation will be ejected by the Delegate.

If the referendum passes, the nation has twenty-four hours to pack up their stuff or recieve it by mail.

4) In the event of explicit spamming of the Regional offsite forum or the Regional civil headquarters message board at Nationstates.net, a Nation may be ejected by the Delegate without a prior referendum vote if the action is countersigned by the Prime Minister upon the posting of the offense by a Regional Assembly Member, and a second to the immediate expulsion motion by another Regional Assembly Member. However, the subject Nation of the expulsion action shall have the right to a post-ejection referendum vote by the Regional Assembly on a motion to ratify the ejection. The vote shall be to ratify the action to expel, and the expulsion shall be ratified if within seven days, at least 50 per cent of the Regional Assembly with a quorum participating, approve the motion in a referendum.

Spammers in both the forum or the region homepage can be banned without a vote if the Delegate, a member of the Regional Assembly, and the Prime Minister both agree however the banned person can have one last chance to spam through a legal review or appeal. Once again the appeal is a referendum vote with all the standard rules.

 

[mr_sniffles]

ARTICLE VII. Amendments.
Section 1: Amendment Proposals.

This Constitution may be amended as necessary. Amendments may be proposed by any Regional Assembly member to the Speaker, in the manner described in Article III.

The Constitution is a living document and when the wind of values shift then the Constitution must change with it, as such the Constitution can only be amended through the Regional Assembly with all the prior rules brought up with it.

Section 2: Amendment Procedures.
A - The Constitution shall only be amended if a proposal receives both:
1 - Appoval by the Regional Assembly. A proposal for a constitutional amendment is adopted and ratified as part of this Constitution if, at a referendum of the Regional Assembly in which a quorum of members of the Regional Assembly participate, the proposal garners approval by no less than two-thirds of the votes cast during the voting period. This is to be followed by:
2 - Approval by a majority of the Cabinet Ministers. Cabinet Ministers shall have 15 days after the proposed amendment is passed by the Regional Assembly for consideration to endorse approval of the proposal. All actions by Cabinet Ministers in this regard shall be promptly posted with the Regional Assembly.

To change the Constitution, it has to be:
- approved by the RA with a two-thirds majority for it with twenty members or more casting a vote either way.
- approved by Cabinet with a majority vote in a fifteen day time-limit.

2B - A proposal that fails to achieve the required majority in Regional Assembly voting will be categorized as a dead bill, governed by Article IV, Section 7.
C - Failure of any proposal to achieve the required majority amongst Cabinet Ministers will result in that proposal being returned to the Regional Assembly for a second notice and comment period. This period will be no less than 72 hours but no more than seven days.

If a proposal fails, it'll be a dead bill with the same rules as stated in the RA section. If the Cabinet doesn't approve of the amendment then the proposal will be sent back to the RA, where they have no more than seven days but no more less than three to revote, change, or whatever it takes to satisfy both the RA and Cabinet.

D - During this second notice and comment period, the author of the proposal will declare whether s/he wishes to resubmit the proposal to the Cabinet or whether s/he wishes to call for a vote of the Regional Assembly to override the Cabinet rejection. Once a declaration has been made, the Speaker shall move to address the matter in a timely manner.

The person who came up with the amendment can decide whether to just let it die or to call a vote to override Cabinet rejection. The Speaker is required to hop to it, whatever the proposer decides.

E - Should the author wish to resubmit the proposal, Cabinet Ministers will have no more than seven days to reconsider and vote on the proposed change. All actions by Cabinet Ministers in this regard shall be promptly posted with the Regional Assembly. The outcome of this Cabinet vote will be considered final. Proposals that are rejected at this stage are considered dead bills.

The second Cabinet vote is the last of it, if it is again reject then the proposal becomes a dead bill. The second Cabinet vote can't take any longer than seven days and it is the responsibility of Cabinet to publish their vote.

F - Should the author wish to submit the proposal to the Regional Assembly for the purposes of overriding initial Cabinet rejection of the proposal, a vote will be taken amongst Regional Assembly members. Such a proposal becomes law if a quorum of the Regional Assembly participates in the voting and the proposal garners the support of no less than three-fourths of votes cast during the voting period. Proposals that fail to reach this threshold will be considered dead bills.
G - Regional Assembly voting periods at all stages shall be seven full days.

f) In the case of a vote to override Cabinet rejection then the vote will be held in the RA (where else really?) with a three-fourth majority needed with standard quorum rules. If it fails then it too will become a dead bill.

Now after such a long task, I think I might lay down a while. Maybe a month and then someone can revive me in the RA... oh damn I've been studying this thing for way too long!

 

[mr_sniffles]

Any questions can be made at my office or at the Customer Service Desk!