Formal Constitutional Draft

Going through the cleanup phase, a few things have occurred to me:
  • Remove the commander in chief clause since that's covered by the delegate being head of state and isn't in the current constitution;
  • Put back in the clause saying the delegate can ban or eject people as allowed by law to prevent any unfortunate consequences;
  • Likewise, put back in the clause saying that the Vice Delegate is to have the second most endorsements and that Delegate may ban persons who exceed their count.
Since the vote on an anthem is going to delay bring this draft to a final vote, may as well take the opportunity to ask for input on this.

EDIT: Also, opening post updated to version 4 to include the judicial polls and the tweaks I mentioned.
 
Gulliver:
Going through the cleanup phase, a few things have occurred to me:
  • Remove the commander in chief clause since that's covered by the delegate being head of state and isn't in the current constitution;
  • Put back in the clause saying the delegate can ban or eject people as allowed by law to prevent any unfortunate consequences;
  • Likewise, put back in the clause saying that the Vice Delegate is to have the second most endorsements and that Delegate may ban persons who exceed their count.
I don't see these three tweaks in the version 4.0 draft, and I have no objections to any of them.

And can we come up with a better verb that "afforded" in Article I? That's the only other issue I see other than any transition provisions.

One of those would be the application of the changed terms of office for the judiciary. A second would be a "validation" clause that validates all acts taken and laws adopted under the prior Constitution.
A third permitting the prosecution of criminal proceedings that took place under the prior Constitution except as limited by law. (This will likely lead to a revival of a statute of limitation under the new Constitution but that's OK by me as AG, we probably need one anyhow.)

I'd really like to get these final matters cleared up so this can get to a vote well bwfore the next election cycle comes into play.
 
Grosseschnauzer:
A second would be a "validation" clause that validates all acts taken and laws adopted under the prior Constitution.
A third permitting the prosecution of criminal proceedings that took place under the prior Constitution except as limited by law. (This will likely lead to a revival of a statute of limitation under the new Constitution but that's OK by me as AG, we probably need one anyhow.)
This isn't legally a new constitution, it's an amendment to the current one adopted using its provisions that just happens to rewrite anything.

Grosseschnauzer:
I'd really like to get these final matters cleared up so this can get to a vote well bwfore the next election cycle comes into play.
I've written a draft of a final omnibus proposal, which I was consulting with Eluvatar on. I was hoping to have it posted along with an explanation of final changes by this evening.
 
Well, it's done:
1. The Constitution will be amended in its entirety as follows:
Constitution of The North Pacific:
In order to guide The North Pacific in its practice of democratic governance, we the nations of The North Pacific establish this fourth constitution.

Article 1. Bill of Rights

1. All nations are guaranteed the rights defined by the Bill of Rights.


Article 2. The Regional Assembly

1. Requirements for membership in the Regional Assembly will be determined by law.
2. The Regional Assembly may enact, amend or repeal laws by a majority vote.
3. The Regional Assembly may remove a government official from office by a two-thirds majority vote.
4. The quorum for any vote of the Regional Assembly except elections will be a third of its membership.
5. The Regional Assembly will elect a Speaker every four months by a plurality vote.
6. The Speaker will administer the rules of the Regional Assembly. Where no rules exist, the Speaker may use their discretion.
7. Abstentions cast in the Regional Assembly will not be used to determine the result of any vote, but may be used for quorum and all other purposes.


Article 3. The Delegate and Vice Delegate

1. The Delegate will be the head of state and government of the North Pacific and hold the in-game position of delegate
2. The Delegate may eject and ban nations from the region as permitted by law, and will eject or ban nations from the region when required by law.
3. The Delegate may negotiate treaties with foreign powers. The Regional Assembly may ratify such treaties by a two-thirds majority vote.
4. The Delegate may veto a proposal of the Regional Assembly to enact, amend or repeal a law within one week of its passage. The Regional Assembly may override such a veto by a two-thirds majority vote.
5. The Delegate may appoint executive officers assist them and may dismiss these ministers freely. Executive offices may be regulated by law.
6. The Vice Delegate will chair the Security Council and enforce the continued eligibility of its members as determined by law.
7. The Vice Delegate will hold the second most endorsements in the region. The Delegate may eject or ban any nation which exceeds the Vice Delegate’s endorsement count.
8. If the Delegate is removed or unable to serve, the Vice Delegate will assume duties of the Delegate. If the Vice Delegate is also unable to serve, the first available person on the line of succession will assume the duties of the Delegate.
9. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person may serve more than two consecutive terms as Delegate.


Article 4. The Court

1. The Court will try all criminal and civil cases, resolve conflicts or ambiguities in the law, and try the constitutionality of laws or government policies.
2. The Court will consist of a Chief Justice and at least two associate justices.
3. The Chief Justice will administer the rules of the Court. Where no rules exists, the Chief Justice may use their discretion.
4. The official opinion of the Court in any trial will be binding on all Government bodies and officials.
5. Justices will be elected by the Regional Assembly by a plurality vote every four months.


Article 5. The Security Council

1. Any person who is a member of the Regional Assembly and meets any endorsement and influence requirements determined by law may apply to become a member of the Security Council.
2. The Regional Assembly may exempt a person from Regional Assembly membership or any requirements by a two-thirds majority vote, and may terminate an exemption by a two-thirds majority vote.
3. The Security Council may approve applicants by a majority vote. The Regional Assembly may admit an approved applicant by a majority vote. If the Security Council does not approve an applicant or does not act on them within thirty days, the Regional Assembly may admit the applicant by a two-thirds majority vote.
4. The Security Council will monitor the region’s security and report on it to the public, and enforce decisions of the Regional Assembly to remove the Delegate.
5. The Regional Assembly may establish a line of succession beyond the Vice Delegate among the members of the Security Council by a majority vote. If a new member is admitted to the Security Council, they will be added at the end of the current line of succession. If a member is removed from the Security Council, they will be removed from the line of succession.


Article 6. General Provisions

1. No person who has not been a member of the Regional Assembly for at least fifteen days may hold government office. All government officials must maintain their membership in the Regional Assembly
2. All government officials will swear an oath of office. The content of these oaths will be determined by law and be legally binding.
3. No person may simultaneously hold more than one elected office or simultaneously hold offices in more than one judicial, legislative or executive category.
4. Government bodies may create rules for their own governance subordinate to this constitution and the laws.
5. No law or government policy may contradict this constitution.
6. Procedures to fill vacancies in elected offices may be established by law.


Article 7. The Regional Forum

1. The Regional Forum will be located at http://s13.zetaboards.com/TNP/.
2. Violation of forum Terms Of Service and moderation policies will be the responsibility of forum administration.


Article 8. Amendments

1. The Regional Assembly may amend this Constitution by a two-thirds majority vote.
2. The Regional Assembly may amend the Bill of Rights by a three-quarters majority vote.
2. Clause 8 of the Bill of Rights will be amended as follows:
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. An ejected or banned nation may seek judicial review, and the Court may order an appropriate remedy if it finds the ejection or banning was unlawful. The WA 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.
3. Section 4.2, clause 8 of the Legal Code will be amended as follows:
8. A "vacancy" in an office occurs when the holder of it resigns, is removed, or abandons it . An office is abandoned when its holder does not log onto the regional forums for two weeks without prior notice. Vacancies are filled through a special election unless a it cannot be completed prior to the beginning of the general or judicial appropriate scheduled election cycle. Pending an election, however, a vacancy may be temporarily filled as provided by the Constitution, this the Legal Code, or a rule adopted by the appropriate body.
4. Section 4.4, clause 15 of the Legal Code will be amended as follows:
15. The election cycle for the 6-month terms of the Chief Justice, the two Associate Justices, and the Attorney General will begin on the first days of the months of April and October March, July, and November.
5. The current Judicial term will be extended to 7 months to transition to the new schedule. This clause will have constitutional force but will not be recorded as part of the Constitution.

6. The following is adopted as section 6.6 of the Legal Code:
Section 6.6: Ejections and Bannings
1. The Delegate may eject or ban violators of NationStates rules.
2. The Delegate may eject or ban nations for which the Court has issued an indictment permitting it.
3. The Delegate will eject or ban nations that have been so sentenced by the Court.
4. The Delegate will promptly inform the region and Government of all ejections and bannings.
7. Rule 3 will be repealed in its entirety.

8. No part of this proposal will take effect unless all other parts do as well.
A summary of what's been changed since the last draft and what's included in the omnibus outside of the Constitutional draft is in order:
  • General reorganizing of the clauses and articles in the Constitutional proposal
  • "[A]fforded" has been changed to "guaranteed" in the first article at Grosse's request
  • I've decided SC proposals that people voted for should be included. If it fails, we can remove them and vote again. No point guaranteeing two votes when right now we're only risking it.
  • Removed the Commander in Chief clause, since "head of government" covers that
  • Restored the clauses saying that the Delegate canor will ban people as allowed or required by law;
  • Likewise, restored the clause saying that the Vice Delegate should have the second most endorsements and that the Delegate may ban people who pass them.
  • Procedures for declaring an office vacant and filling it moved to the Legal Code.
  • Rule 3 is no longer needed if this passes, so the omnibus will repeal that.
  • The clause about judicial elections in the Legal Code updated match the new 4 month terms, and a provisional clause will extend the current term by 1 month so that judicial elections can be held 2 months apart from other elections.
  • The list of specific conditions when the delegate can ban people has been moved from the Constitution and added as a section of the legal.
  • The Constitution's stronger guarantee of judicial review in cases of ejections or bannings has been moved to the Bill of Rights.
This last point bears an explanation potentially. Article VI currently includes a clause guaranteeing legal review of bans. So does Clause 8 of the Bill of Rights. Obviously, this is redundant. Thing is, the one in the Bill of Rights is actually weaker. It reads:
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.
Or in Simplish, "if the government declares that ejection/banning someone is urgent to security, then you get judicial review." But saying an ejection or ban is urgent to security is not the same as actually ejecting or banning someone, so what happens if someone is ejected or banned without being declared an urgent matter of security? Reading things literally, the conditions under which judicial review is possible aren't met. In contrast, the Constitution allows judicial review if the person ejected or ban simply feels it was unwarranted and appeals.

One option would be to simply leave the current clause in the Constitution, but then the redundancy would remain and the stronger protection would be in the document which is easier to amend. Instead this proposal picks the better option and updates the Bill of Rights to include a broader, stronger guarantee of judicial review.

Also, if you read all of this, congratulations! But seriously, if no one points out any major flaws, this should be going to a vote soon. If there are any mistakes, issues, etc., speak of now.
 
Clause 8 was drafted the way it was using "governmental authorities" because it was intended not to be amended or changed, and the region might want to permit more than one device to declare an emergency requiring ejection and banning. Circumstances may arise in an emergency that prevent the current constitutional and legal code provisions from functioning ideally, and in those emergency circumstances other channels might be required to give approval for the ejection or banning.

The process in the current article VI has been the normal process, the Bill of Rights provision is an emergency process based on an urgent need of regional security; in order to avoid the need to amend the Bill of Rights with every revision of the structure of the government, it refers to the exercise of this emergency power in the terms of "[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,"....

I can see changing the final clause in that sentence that contains the just quoted clause if you see any inconsistency on the remedy, I don't see changing or removing the clause that I just quoted because there is no way we can anticipate the exact form of an emergency situation, and who would therefore have the authority to act in response to the emergency:

Perhaps:
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, it may direct the ejection or banning of that Nation. In all cases, the ejected or banned Nation shall have prompt and immediate recourse to judicial review of the matter.

I think this would better preserve the long-standing intention of a emergency process incorporated in Clause 8, and address the retention of the Article VI scope of review.
 
And second point, this will be the fifth Constitution, not the fourth. The so-called Blackshear Constitution was one, then the NPC-sponsored constitution is two, the constitutional convention constitution is three, and the current constitution is four.
 
Eluvatar:
The NPC constitution was never the law of the land.
And I disagree with your opinion on the matter.

The NPC government was the only source of authority in any part of The North Pacific; it created the Court of The North Pacific, the office of Speaker, the elected Cabinet, and the process that was rolled into the Regional Assembly at the Constitutional Convention.
Even the process of security checks and verification was part of the NPC-era constitution.
 
If allowing for immediate bans in emergencies has always been the intention of clause 8, then it's incredibly poorly worded, because it does no such thing at all. That's an entirely different problem from the one I was trying to fix.

I feel it would be simpler, if we want to allow for immediate bans in emergence situations, to then add it to the proposed Section on bannings in the Legal Code. Being able to ban people isn't exactly a right that needs super-majority protection, and again I want to avoid creating potential conflicts or confusion by having when bans are allowed listed in multiple places.
 
Gulliver, it was worded that way because there was no way to know what subsequent democratic Constitutions would look like; we had no way of knowing what name(s) government authorities would have or which ones would have such authority, and it was adopted as part of a democratic war-time constitution by the NPC, which originated the Bill of Rights as a constitutional document. (There were three different governments going on at the time or soon thereafter, IIRC.)
I think an exception to the Bill of Rights should be in the Bill of Rights, otherwise you will have literal-reading courts ruling that the Legal Code cannot provide for an emergency procedure for banings. Having this language in the Bill of Rights avoids that problem.
 
The NPC constitution during the Pixiedance wars derived no legitimacy from any source.

As a document, it did inspire nearly the entire Constitutional Convention document, that is true. Nevertheless, the referendum "adopting" it was not valid under the Blackshear constitution it sought to replace because that document required amendments to receive "Majority support in Cabinet." which the referendum failed to demonstrate. If one is to argue that it created a new constitution from scratch following democratic principles, one must realize that it lacked support from the Delegate at any time, and it was voted for by fourteen nations (and supported by 15-17). If approval by individual nations is the exclusive measure of legitimacy, I just counted 42 who recognized the NPD in this thread.

This is not to call the NPD legitimate. I believe that constitutions can be created by the people out in a state of nature by popular agreement, much in the way the Blackshear constitution was originally adopted, and I believe that the Blackshear constitution was so utterly abandoned and destroyed during the Pixiedance wars that TNP was returned to a state of nature. However, I believe that in a state of nature, the Delegate must officiate in some capacity over the ratification process, else there is far too much inherent capacity for disastrous confusion. I believe that the NPD's Codex was an entirely illegitimate document as it derived entirely from Delegate fiat in complete arrogation of the people's legislative powers. I don't see the NPC document as legitimate either however, and I don't believe we should as a region declare it to have been legitimate retrospectively.
 
Grosseschnauzer:
Perhaps:
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, it may direct the ejection or banning of that Nation. In all cases, the ejected or banned Nation shall have prompt and immediate recourse to judicial review of the matter.

I think this would better preserve the long-standing intention of a emergency process incorporated in Clause 8, and address the retention of the Article VI scope of review.
Looks good, but I'd actually suggest:

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, it may direct the ejection or banning of that Nation. In all cases, an ejected or banned Nation shall have prompt and immediate recourse to judicial review of the matter.
 
Grosseschnauzer:
Gulliver, it was worded that way because there was no way to know what subsequent democratic Constitutions would look like; we had no way of knowing what name(s) government authorities would have or which ones would have such authority, and it was adopted as part of a democratic war-time constitution by the NPC, which originated the Bill of Rights as a constitutional document.
I have no problems with a clause like that being written as broadly as possible to cover all possible situations, nor was that what I was ever intending to change. I thought the clause was intended to guarantee some kind of judicial review, since that's what it actually does now, and was concerned that it only allowed for it in certain situations that an unscrupulous government could easily avoid.
Grosseschnauzer:
I think an exception to the Bill of Rights should be in the Bill of Rights, otherwise you will have literal-reading courts ruling that the Legal Code cannot provide for an emergency procedure for banings. Having this language in the Bill of Rights avoids that problem.
The Bill of Rights says that people can be banned as allowed by the Constitution and Legal Code, and the draft Constitution says that people can be banned when permitted by the Legal Code. A court overruling a banning allowed by the Legal Code would require willfully ignoring parts of the Bill of Rights, not reading it literally.

All that said, Eluvatar has informed me that he's okay with your proposed revision, and while it's definitely not what I would prefer it still fixes what my concern was and the other part doesn't necessary cause any problems. Since I don't want this to drag on much longer I can live with proposed revision, or something similar.
 
Eluvatar:
The NPC constitution during the Pixiedance wars derived no legitimacy from any source.

As a document, it did inspire nearly the entire Constitutional Convention document, that is true. Nevertheless, the referendum "adopting" it was not valid under the Blackshear constitution it sought to replace because that document required amendments to receive "Majority support in Cabinet." which the referendum failed to demonstrate. If one is to argue that it created a new constitution from scratch following democratic principles, one must realize that it lacked support from the Delegate at any time, and it was voted for by fourteen nations (and supported by 15-17). If approval by individual nations is the exclusive measure of legitimacy, I just counted 42 who recognized the NPD in this thread.

This is not to call the NPD legitimate. I believe that constitutions can be created by the people out in a state of nature by popular agreement, much in the way the Blackshear constitution was originally adopted, and I believe that the Blackshear constitution was so utterly abandoned and destroyed during the Pixiedance wars that TNP was returned to a state of nature. However, I believe that in a state of nature, the Delegate must officiate in some capacity over the ratification process, else there is far too much inherent capacity for disastrous confusion. I believe that the NPD's Codex was an entirely illegitimate document as it derived entirely from Delegate fiat in complete arrogation of the people's legislative powers. I don't see the NPC document as legitimate either however, and I don't believe we should as a region declare it to have been legitimate retrospectively.
Then the better solution is to just take the "fourth" out; we've never felt the need to number them before, or use the year if distinguishing them is that important.
 
3. No person may simultaneously hold more than one elected office or simultaneously hold offices in more than one judicial, legislative or executive category.

I'd just like to query what the meaning of this is, does it just mean you cannot be a justice and a delegate (as they are from different sections of government), or does it also mean you cannot hold more than one elected office at all i.e. I'd have to pick and choose if this constitution passes
 
McMasterdonia:
I'd just like to query what the meaning of this is, does it just mean you cannot be a justice and a delegate (as they are from different sections of government), or does it also mean you cannot hold more than one elected office at all i.e. I'd have to pick and choose if this constitution passes
It means both, and as Eluvatar said the Council of Five is not legally an elected office. Eluvatar simply chose to select its members like that.
 
Just so everyone is clear, the Security Council is not mentioned in that limitation, correct? As is currently the case, an SC member can hold an elected office, or a position in any one of the three named branches (legislative, executive, judicial) and possess SC membership.
 
Omnibus updated for the Bill of Rights part:

1. The Constitution will be amended in its entirety as follows:
Constitution of The North Pacific:
In order to guide The North Pacific in its practice of democratic governance, we the nations of The North Pacific establish this fourth constitution.

Article 1. Bill of Rights

1. All nations are guaranteed the rights defined by the Bill of Rights.


Article 2. The Regional Assembly

1. Requirements for membership in the Regional Assembly will be determined by law.
2. The Regional Assembly may enact, amend or repeal laws by a majority vote.
3. The Regional Assembly may remove a government official from office by a two-thirds majority vote.
4. The quorum for any vote of the Regional Assembly except elections will be a third of its membership.
5. The Regional Assembly will elect a Speaker every four months by a plurality vote.
6. The Speaker will administer the rules of the Regional Assembly. Where no rules exist, the Speaker may use their discretion.
7. Abstentions cast in the Regional Assembly will not be used to determine the result of any vote, but may be used for quorum and all other purposes.


Article 3. The Delegate and Vice Delegate

1. The Delegate will be the head of state and government of the North Pacific and hold the in-game position of delegate
2. The Delegate may eject and ban nations from the region as permitted by law, and will eject or ban nations from the region when required by law.
3. The Delegate may negotiate treaties with foreign powers. The Regional Assembly may ratify such treaties by a two-thirds majority vote.
4. The Delegate may veto a proposal of the Regional Assembly to enact, amend or repeal a law within one week of its passage. The Regional Assembly may override such a veto by a two-thirds majority vote.
5. The Delegate may appoint executive officers assist them and may dismiss these ministers freely. Executive offices may be regulated by law.
6. The Vice Delegate will chair the Security Council and enforce the continued eligibility of its members as determined by law.
7. The Vice Delegate will hold the second most endorsements in the region. The Delegate may eject or ban any nation which exceeds the Vice Delegate’s endorsement count.
8. If the Delegate is removed or unable to serve, the Vice Delegate will assume duties of the Delegate. If the Vice Delegate is also unable to serve, the first available person on the line of succession will assume the duties of the Delegate.
9. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person may serve more than two consecutive terms as Delegate.


Article 4. The Court

1. The Court will try all criminal and civil cases, resolve conflicts or ambiguities in the law, and try the constitutionality of laws or government policies.
2. The Court will consist of a Chief Justice and at least two associate justices.
3. The Chief Justice will administer the rules of the Court. Where no rules exists, the Chief Justice may use their discretion.
4. The official opinion of the Court in any trial will be binding on all Government bodies and officials.
5. Justices will be elected by the Regional Assembly by a plurality vote every four months.


Article 5. The Security Council

1. Any person who is a member of the Regional Assembly and meets any endorsement and influence requirements determined by law may apply to become a member of the Security Council.
2. The Regional Assembly may exempt a person from Regional Assembly membership or any requirements by a two-thirds majority vote, and may terminate an exemption by a two-thirds majority vote.
3. The Security Council may approve applicants by a majority vote. The Regional Assembly may admit an approved applicant by a majority vote. If the Security Council does not approve an applicant or does not act on them within thirty days, the Regional Assembly may admit the applicant by a two-thirds majority vote.
4. The Security Council will monitor the region’s security and report on it to the public, and enforce decisions of the Regional Assembly to remove the Delegate.
5. The Regional Assembly may establish a line of succession beyond the Vice Delegate among the members of the Security Council by a majority vote. If a new member is admitted to the Security Council, they will be added at the end of the current line of succession. If a member is removed from the Security Council, they will be removed from the line of succession.


Article 6. General Provisions

1. No person who has not been a member of the Regional Assembly for at least fifteen days may hold government office. All government officials must maintain their membership in the Regional Assembly
2. All government officials will swear an oath of office. The content of these oaths will be determined by law and be legally binding.
3. No person may simultaneously hold more than one elected office or simultaneously hold offices in more than one judicial, legislative or executive category.
4. Government bodies may create rules for their own governance subordinate to this constitution and the laws.
5. No law or government policy may contradict this constitution.
6. Procedures to fill vacancies in elected offices may be established by law.


Article 7. The Regional Forum

1. The Regional Forum will be located at http://s13.zetaboards.com/TNP/.
2. Violation of forum Terms Of Service and moderation policies will be the responsibility of forum administration.


Article 8. Amendments

1. The Regional Assembly may amend this Constitution by a two-thirds majority vote.
2. The Regional Assembly may amend the Bill of Rights by a three-quarters majority vote.
2. Clause 8 of the Bill of Rights will be amended as follows:
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, they may order the ejection or banning of the nation. the Any ejected or banned Nnation shall have prompt and immediate recourse to judicial review of the matter. The WA 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.
3. Section 4.2, clause 8 of the Legal Code will be amended as follows:
8. A "vacancy" in an office occurs when the holder of it resigns, is removed, or abandons it . An office is abandoned when its holder does not log onto the regional forums for two weeks without prior notice. Vacancies are filled through a special election unless a it cannot be completed prior to the beginning of the general or judicial appropriate scheduled election cycle. Pending an election, however, a vacancy may be temporarily filled as provided by the Constitution, this the Legal Code, or a rule adopted by the appropriate body.
4. Section 4.4, clause 15 of the Legal Code will be amended as follows:
15. The election cycle for the 6-month terms of the Chief Justice, the two Associate Justices, and the Attorney General will begin on the first days of the months of April and October March, July, and November.
5. The current Judicial term will be extended to 7 months to transition to the new schedule. This clause will have constitutional force but will not be recorded as part of the Constitution.

6. The following is adopted as section 6.6 of the Legal Code:
Section 6.6: Ejections and Bannings
1. The Delegate may eject or ban violators of NationStates rules.
2. The Delegate may eject or ban nations for which the Court has issued an indictment permitting it.
3. The Delegate will eject or ban nations that have been so sentenced by the Court.
4. The Delegate will promptly inform the region and Government of all ejections and bannings.
7. Rule 3 will be repealed in its entirety.

8. No part of this proposal will take effect unless all other parts do as well.
Other thoughts and comments other than those stated so far?
 
It was pointed out a long time ago by someone else, but we may want to go ahead and fix any references to "this Constitution" in the Bill of Rights to "the Constitution" and that includes the one in Clause 8 that's already being amended.
There may be one other point, but I need to check the early archives of the Court before I raise it.
 
Grosseschnauzer:
It was pointed out a long time ago by someone else, but we may want to go ahead and fix any references to "this Constitution" in the Bill of Rights to "the Constitution" and that includes the one in Clause 8 that's already being amended.
There may be one other point, but I need to check the early archives of the Court before I raise it.
Good point.
 
In the early archives of the Court ( a thread that included all of the Court's earliest opinions still at "Old Blue"
http://z8.invisionfree.com/The_North_Pacific/index.php?showtopic=493
transferred to these forums at:
http://forum.thenorthpacific.org/topic/630031/1/?x=25#new
in at least three decisions the Court made references to two revisions of the original Constitution having been in force.
The opinion dated 31 July 2005 [(In the Matter of A Petition for Judicial Review
(UN Delegate Candidate Eligibility Requirements)] which includes the following:
(Note: By this we refer to Article II section 2 of the original constitution, (posted in June 2004 by Blackshear at http://s2.invisionfree.com/The_North_Pacif...?showtopic=1567 with an amendment shown here: http://s2.invisionfree.com/The_North_Pacif...?showtopic=2608 as well as Article II, section 2 of the revision that took effect in April, 2005 posted here: http://s2.invisionfree.com/The_North_Pacif...?showtopic=4177, as well as Article III section 2 of the current revision that became effective 7 July 2005). There is nothing in the regional archives as to the development of the first or second revision that evidences a contrary intention. (Note: see http://s2.invisionfree.com/The_North_Pacif...?showtopic=3761, and http://s11.invisionfree.com/True_North_Pacific/index.php?c=4 .)

A second reference is in the decision issued on 5 September 2005 [In the Matter of A Petition for Judicial Review (Registered Voter Application of Insane Power)]
One other point -- the validity of any referendum conducted prior to 7 July 2005 has to be determined on the basis of the constitution then in place, and not under the current constitution. Should either of the players whose applications were rejected by the registered voters of the region in accordance with the provisions of Article I, section 4 of the April Constitution revision under which the those questions were decided, choose to apply again, the only viable manner of review for the new applications under the constitution in effect from 7 July 2005 is that described in the preceding paragraph. The Minister of Immigration and Internal Affairs has to make the initial decision, whatever that may be (approve, deny, refer to the Cabinet, refer to the registered voters for a referendum decision). The constitution gives the Minister that sort of discretion, and rather than pass the buck, he should exercise the duty and authority given to him under the constitution.

From these passages it is clear that the Court recognized both 2005 revisions as binding constitutions and thus, we are headed into a fifth constitution and not a fourth (which is in fact the 2007 Constitution.)
So I would suggest that the reference to "fourth" should be removed and replaced with "fifth" or with "2012." The date would be consistent with how we have referred to all of the revisions since the original Blackshear Constitution.
 
Having read the formal draft I realise my problem with it. There is almost no inclusive language in it.

In particular I have noticed that TNP is not attracting a specific demographic: the black urban poor.

A few simple rewrites would correct this problem, i feel:

1. Ending each clause with the words: ",fo' shizzle"
2. Instead of voting "aye" or "Nay" we vote "word" or "nah, bruv"
3. The Security Council is renamed to "whoop whoop"
4. The Delegate is renamed "the man"
5, The Vice Delegate is renamed “the Man’s blud”
6. The Regional Assembly is renamed "da crew"
7. The Court is remnamed “Babylon”

INCLUSIVE LANGUAGE CONSTITUTION

Article 1. Bill of Rights

1. All nations are afforded the rights defined by the Bill of Rights.


Article 2. The Man

1. The Man will be the head of state and government of the North Pacific, fo’ shizzle.
2. The Man will hold the in-game position of Man and vote on World Assembly resolutions as determined by law, fo’ shizzle.
3. The Man will be Commander in Chief of the armed forces. Their ability to conduct war may be regulated by law, fo’ shizzle.
4. The Man may negotiate treaties with foreign powers. Da Crew may ratify such treaties by a two-thirds majority vote, fo’ shizzle.
5. The Man may veto a proposal of Da Crew to amend the laws within one week of its passage. Da Crew may override such a veto by a two-thirds majority vote, fo’ shizzle.
6. The Man may appoint a Cabinet of ministers to assist them and may dismiss these ministers freely. The ministries of the Cabinet may be regulated by law, fo’ shizzle.
7. The Man will be elected by Da Crew by a majority vote every four months, fo’ shizzle.
8. No person may serve more than two consecutive terms as Man, fo’ shizzle.



Article 3. Da Crew

1. Requirements for membership in Da Crew will be determined by law, fo’ shizzle.
2. Da Crew may amend the laws by a majority vote, fo’ shizzle.
3. Da Crew may remove a government official from office by a two-thirds majority vote, fo’ shizzle.
4. The quorum for any vote of Da Crew except elections will be a third of its membership, fo’ shizzle.
5. Da Crew will will elect a Speaker to administer its procedures. Where no procedures exist, the Speaker may use their discretion, fo’ shizzle.
6. The Speaker will be elected by a majority plurality vote every four months, fo’ shizzle.
7. Abstentions cast in Da Crew will not be used to determine the result of any vote, but may be used for quorum and all other purposes, fo’ shizzle.
8. In a vote of da crew, members may vote "word" or "nah, bruv"

Article 4. Babylon

1. Babylon will try all criminal and civil cases, resolve conflicts or ambiguities in the law, and try the constitutionality of laws or government policies, fo’ shizzle.
2. Babylon will consist of a Chief Justice and at least two associate justices, fo’ shizzle.
3. The Chief Justice will administer the procedures of Babylon. Where no pertinent procedure exists, the Chief Justice may use their discretion, fo’ shizzle.
4. Justices will be elected by Da Crew by a majority plurality vote every six four months, fo’ shizzle.
6. New cases will be tried by a single justice. If they rule for the prosecution, the defendant may appeal the case to a trial before all three justices, fo’ shizzle.


Article 5. Da Whoop Whoop

1. Da Whoop Whoop will be composed of Crew members with at least Vassal Influence and who meet any endorsement and influence requirements determined by law, fo’ shizzle.
2. Any member of Da Crew who meets the requirements may apply to become a member of Da Whoop Whoop. Da Crew may exempt applicants from Da Crew membership requirements by a two-thirds majority vote, fo’ shizzle.
3. Da Whoop Whoop may accept such applicants by a majority vote. If Da Whoop Whoop does not accept an applicant or does not act on them within thirty days, Da Crew may force the acceptance of such an applicant by a two-thirds majority vote, fo’ shizzle.
4. After an election for Man, tDa Crew will may decide a line of succession beyond Da Man’s Blud from among the members of Da Whoop Whoop by a majority vote. If a new member is admitted to Da Whoop Whoop, they will be added at the end of the current line of succession. If a member is removed from Da Whoop Whoop, they will be removed from the line of succession, fo’ shizzle.
5. The Man’s Blud will chair Da Whoop Whoop and enforce the continued eligibility of its members, fo’ shizzle.
6. Da Whoop Whoop will monitor the region’s security and report on it to the public, and enforce decisions of Da Crew to remove The Man, fo’ shizzle.
7. The Man’s Blud will be elected by Da Crew by a majority vote every four months, fo’ shizzle.
8. If The Man is removed or unable to serve, the Man’s Blud will assume duties of The Man. If the Man’s Blud is also unable to serve, the first available person on the line of succession will assume the duties of The Man, fo’ shizzle.


Article 6. Qualifications of Office

1. No person who has not been a member of Da Crew for at least fifteen days may hold government office, fo’ shizzle.
2. All government officials will swear an oath of office. The content of these oaths will be determined by law and be legally binding, fo’ shizzle.
3. All government officials must maintain their membership in Da Crew, fo’ shizzle.


Article 7. Constitutional Supremacy

1. No law or government policy may contradict this Constitution, fo’ shizzle.


Article 8. Separation of Powers

1. No person may simultaneously hold more than one elected office, fo’ shizzle.
2. No person may simultaneously hold a judicial, legislative or executive office, fo’ shizzle.


Article 9. Other Provisions

1. If an elected office is vacant and there are more than two weeks until the end of its term, a special election for it will be held, fo’ shizzle.
2. Government bodies may create procedures for their own governance, fo’ shizzle.


Article 10. Regional Forum

1. The Regional Forum will be located at http://s13.zetaboards.com/TNP/, fo’ shizzle.
2. Violation of forum Terms Of Service and moderation policies will be the responsibility of forum administration, fo’ shizzle.


Article 11. Amendments

1. Da Crew may amend this Constitution by a two-thirds majority vote, fo’ shizzle.
2. Da Crew may amend the Bill of Rights by a three-quarters majority vote, fo’ shizzle.
 
Clause correcting "this Constitution" in the Bill of Rights added. Also, I'm just going to get rid of the number in the preamble. I'm not going to have this bogged down because of a part with no legal force that I didn't think was necessary.

1. The Constitution will be amended in its entirety as follows:
Constitution of The North Pacific:
In order to guide The North Pacific in its practice of democratic governance, we the nations of The North Pacific establish this Constitution.

Article 1. The Bill of Rights

1. All nations are guaranteed the rights defined by the Bill of Rights.


Article 2. The Regional Assembly

1. Requirements for membership in the Regional Assembly will be determined by law.
2. The Regional Assembly may enact, amend or repeal laws by a majority vote.
3. The Regional Assembly may remove a government official from office by a two-thirds majority vote.
4. The quorum for any vote of the Regional Assembly except elections will be a third of its membership.
5. The Regional Assembly will elect a Speaker every four months by a plurality vote.
6. The Speaker will administer the rules of the Regional Assembly. Where no rules exist, the Speaker may use their discretion.
7. Abstentions cast in the Regional Assembly will not be used to determine the result of any vote, but may be used for quorum and all other purposes.


Article 3. The Delegate and Vice Delegate

1. The Delegate will be the head of state and government of the North Pacific and hold the in-game position of delegate
2. The Delegate may eject and ban nations from the region as permitted by law, and will eject or ban nations from the region when required by law.
3. The Delegate may negotiate treaties with foreign powers. The Regional Assembly may ratify such treaties by a two-thirds majority vote.
4. The Delegate may veto a proposal of the Regional Assembly to enact, amend or repeal a law within one week of its passage. The Regional Assembly may override such a veto by a two-thirds majority vote.
5. The Delegate may appoint executive officers assist them and may dismiss these ministers freely. Executive offices may be regulated by law.
6. The Vice Delegate will chair the Security Council and enforce the continued eligibility of its members as determined by law.
7. The Vice Delegate will hold the second most endorsements in the region. The Delegate may eject or ban any nation which exceeds the Vice Delegate’s endorsement count.
8. If the Delegate is removed or unable to serve, the Vice Delegate will assume duties of the Delegate. If the Vice Delegate is also unable to serve, the first available person on the line of succession will assume the duties of the Delegate.
9. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person may serve more than two consecutive terms as Delegate.


Article 4. The Court

1. The Court will try all criminal and civil cases, resolve conflicts or ambiguities in the law, and try the constitutionality of laws or government policies.
2. The Court will consist of a Chief Justice and at least two associate justices.
3. The Chief Justice will administer the rules of the Court. Where no rules exists, the Chief Justice may use their discretion.
4. The official opinion of the Court in any trial will be binding on all Government bodies and officials.
5. Justices will be elected by the Regional Assembly by a plurality vote every four months.


Article 5. The Security Council

1. Any person who is a member of the Regional Assembly and meets any endorsement and influence requirements determined by law may apply to become a member of the Security Council.
2. The Regional Assembly may exempt a person from Regional Assembly membership or any requirements by a two-thirds majority vote, and may terminate an exemption by a two-thirds majority vote.
3. The Security Council may approve applicants by a majority vote. The Regional Assembly may admit an approved applicant by a majority vote. If the Security Council does not approve an applicant or does not act on them within thirty days, the Regional Assembly may admit the applicant by a two-thirds majority vote.
4. The Security Council will monitor the region’s security and report on it to the public, and enforce decisions of the Regional Assembly to remove the Delegate.
5. The Regional Assembly may establish a line of succession beyond the Vice Delegate among the members of the Security Council by a majority vote. If a new member is admitted to the Security Council, they will be added at the end of the current line of succession. If a member is removed from the Security Council, they will be removed from the line of succession.


Article 6. General Provisions

1. No person who has not been a member of the Regional Assembly for at least fifteen days may hold government office. All government officials must maintain their membership in the Regional Assembly
2. All government officials will swear an oath of office. The content of these oaths will be determined by law and be legally binding.
3. No person may simultaneously hold more than one elected office or simultaneously hold offices in more than one judicial, legislative or executive category.
4. Government bodies may create rules for their own governance subordinate to this Constitution and the laws.
5. No law or government policy may contradict this Constitution.
6. Procedures to fill vacancies in elected offices may be established by law.


Article 7. The Regional Forum

1. The Regional Forum will be located at http://s13.zetaboards.com/TNP/.
2. Violation of forum Terms Of Service and moderation policies will be the responsibility of forum administration.


Article 8. Amendments

1. The Regional Assembly may amend this Constitution by a two-thirds majority vote.
2. The Regional Assembly may amend the Bill of Rights by a three-quarters majority vote.
2. Clause 8 of the Bill of Rights will be amended as follows:
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, they may order the ejection or banning of the nation. the Any ejected or banned Nnation shall have prompt and immediate recourse to judicial review of the matter. The WA 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.
3. All instances of "this Constitution" in the Bill of Rights will be replaced with "the Constitution".
4. Section 4.2, clause 8 of the Legal Code will be amended as follows:
8. A "vacancy" in an office occurs when the holder of it resigns, is removed, or abandons it . An office is abandoned when its holder does not log onto the regional forums for two weeks without prior notice. Vacancies are filled through a special election unless a it cannot be completed prior to the beginning of the general or judicial appropriate scheduled election cycle. Pending an election, however, a vacancy may be temporarily filled as provided by the Constitution, this the Legal Code, or a rule adopted by the appropriate body.
5. Section 4.4, clause 15 of the Legal Code will be amended as follows:
15. The election cycle for the 6-month terms of the Chief Justice, the two Associate Justices, and the Attorney General will begin on the first days of the months of April and October March, July, and November.
6. The current Judicial term will be extended to 7 months to transition to the new schedule. This clause will have constitutional force but will not be recorded as part of the Constitution.

7. The following is adopted as section 6.6 of the Legal Code:
Section 6.6: Ejections and Bannings
1. The Delegate may eject or ban violators of NationStates rules.
2. The Delegate may eject or ban nations for which the Court has issued an indictment permitting it.
3. The Delegate will eject or ban nations that have been so sentenced by the Court.
4. The Delegate will promptly inform the region and Government of all ejections and bannings.
8. Rule 3 will be repealed in its entirety.

9. No part of this proposal will take effect unless all other parts do as well.
Any other issues, or do we think this is ready for a vote?
 
Flem, the RA has already overwhelmingly one Flemingovian Constitution; and I think it's safe to say your suggested changes would unlikely win a required 2/3rds a second time around.

I think we're ready; I don't know for certain that this document is perfect, but I think it is a tremendous improvement over the original version. We're at a point where we need to bring it to a final vote.
 
I agree. Great work to Gulliver, Eluvatar and everyone involved in debating & suggesting amendments. I think its time this is put to a vote
 
I call for the question.

That is to say, this is a previous question motion: I move that we put the last version to an immediate vote.
 
Eluvatar:
I call for the question.

That is to say, this is a previous question motion: I move that we put the last version to an immediate vote.

I second the motion


Damn Ninjas :P
 
Flem, the RA has already overwhelmingly one Flemingovian Constitution

This sentence makes no sense at all.

But even if words are inserted to make it English, this constitution is NOT a Flemingovian one. It is the same one written by you and others, but with the language made more inclusive. Is that a bad thing?

Probably it is. Aryan constitution it is, then.
 
I know that in the past I said I wasn't going to allow things like this, but now I'm on the receiving end of a mess-up I can see why it would be practical sometimes and why people wanted it. Lesson learned >___<

At least I closed all those hasty votes anyway so I don't have to feel quite as bad and this is less silly than voting a whole week to add the word "to" >_>

Anyway, withdrawal recognized.
 
Okay this version should be correct:

1. The Constitution will be amended in its entirety as follows:
Constitution of The North Pacific:
In order to guide The North Pacific in its practice of democratic governance, we the nations of The North Pacific establish this constitution.

Article 1. Bill of Rights

1. All nations are guaranteed the rights defined by the Bill of Rights.


Article 2. The Regional Assembly

1. Requirements for membership in the Regional Assembly will be determined by law.
2. The Regional Assembly may enact, amend or repeal laws by a majority vote.
3. The Regional Assembly may remove a government official from office by a two-thirds majority vote.
4. The quorum for any vote of the Regional Assembly except elections will be a third of its membership.
5. The Regional Assembly will elect a Speaker every four months by a plurality vote.
6. The Speaker will administer the rules of the Regional Assembly. Where no rules exist, the Speaker may use their discretion.
7. Abstentions cast in the Regional Assembly will not be used to determine the result of any vote, but may be used for quorum and all other purposes.


Article 3. The Delegate and Vice Delegate

1. The Delegate will be the head of state and government of The North Pacific and hold the in-game position of delegate.
2. The Delegate may eject and ban nations from the region as permitted by law, and will eject or ban nations from the region when required by law.
3. The Delegate may negotiate treaties with foreign powers. The Regional Assembly may ratify such treaties by a two-thirds majority vote.
4. The Delegate may veto a proposal of the Regional Assembly to enact, amend or repeal a law within one week of its passage. The Regional Assembly may override such a veto by a two-thirds majority vote.
5. The Delegate may appoint executive officers to assist them and may dismiss these officers freely. Executive offices may be regulated by law.
6. The Vice Delegate will chair the Security Council and enforce the continued eligibility of its members as determined by law.
7. The Vice Delegate will hold the second most endorsements in the region. The Delegate may eject or ban any nation which exceeds the Vice Delegate’s endorsement count.
8. If the Delegate is removed or unable to serve, the Vice Delegate will assume the duties of the Delegate. If the Vice Delegate is also unable to serve, the first available person in the line of succession will assume the duties of the Delegate.
9. The Delegate and Vice Delegate will be elected by the Regional Assembly by a majority vote every four months. No person may serve more than two consecutive terms as Delegate.


Article 4. The Court

1. The Court will try all criminal and civil cases, resolve conflicts or ambiguities in the law, and try the constitutionality of laws or government policies.
2. The Court will consist of a Chief Justice and at least two associate justices.
3. The Chief Justice will administer the rules of the Court. Where no rules exists, the Chief Justice may use their discretion.
4. The official opinion of the Court in any trial will be binding on all Government bodies and officials.
5. Justices will be elected by the Regional Assembly by a plurality vote every four months.


Article 5. The Security Council

1. Any person who is a member of the Regional Assembly and meets any endorsement and influence requirements determined by law may apply to become a member of the Security Council.
2. The Regional Assembly may exempt a person from Regional Assembly membership or any requirements by a two-thirds majority vote, and may terminate an exemption by a two-thirds majority vote.
3. The Security Council may approve applicants by a majority vote. The Regional Assembly may admit an approved applicant by a majority vote. If the Security Council does not approve an applicant or does not act on them within thirty days, the Regional Assembly may admit the applicant by a two-thirds majority vote.
4. The Security Council will monitor the region’s security and report on it to the public, and enforce decisions of the Regional Assembly to remove the Delegate.
5. The Regional Assembly may establish a line of succession beyond the Vice Delegate among the members of the Security Council by a majority vote. If a new member is admitted to the Security Council, they will be added at the end of the current line of succession. If a member is removed from the Security Council, they will be removed from the line of succession.


Article 6. General Provisions

1. All government officials must maintain membership in the Regional Assembly. Candidates in any election must maintain membership in the Regional Assembly for the fifteen days before the opening of nominations.
2. All government officials will swear an oath of office. The content of these oaths will be determined by law and be legally binding.
3. No person may simultaneously hold more than one elected office or simultaneously hold offices in more than one judicial, legislative or executive category.
4. Government bodies may create rules for their own governance subordinate to this constitution and the laws.
5. No law or government policy may contradict this constitution.
6. Procedures to fill vacancies in elected offices may be established by law.


Article 7. The Regional Forum

1. The Regional Forum will be located at http://s13.zetaboards.com/TNP/.
2. Violation of forum Terms Of Service and moderation policies will be the responsibility of forum administration.


Article 8. Amendments

1. The Regional Assembly may amend this Constitution by a two-thirds majority vote.
2. The Regional Assembly may amend the Bill of Rights by a three-quarters majority vote.
2. Clause 8 of the Bill of Rights will be amended as follows:
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, they may order the ejection or banning of the nation. the Any ejected or banned Nnation shall have prompt and immediate recourse to judicial review of the matter. The WA 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.
3. All instances of "this Constitution" in the Bill of Rights will be replaced with "the Constitution".

4. Chapter 4, clause 8 of the Legal Code will be amended as follows:
8. A "vacancy" in an office occurs when the holder of it resigns, is removed, or abandons it . An office is abandoned when its holder does not log onto the regional forums for two weeks without prior notice. Vacancies are filled through a special election unless a it cannot be completed prior to the beginning of the general or judicial appropriate scheduled election cycle. Pending an election, however, a vacancy may be temporarily filled as provided by the Constitution, this the Legal Code, or a rule adopted by the appropriate body.
5. Chapter 4, clause 15 of the Legal Code will be amended as follows:
15. The election cycle for the 6-month terms of the Chief Justice, the two Associate Justices, and the Attorney General will begin on the first days of the months of April and October March, July, and November.
6. The current Judicial term will be extended to 7 months to transition to the new schedule. This clause will have constitutional force but will not be recorded as part of the Constitution.

7. The following is adopted as section 6.6 of the Legal Code:
Section 6.6: Ejections and Bannings
31. The Delegate may eject or ban violators of NationStates rules.
32. The Delegate may eject or ban nations for which the Court has issued an indictment permitting it.
33. The Delegate will eject or ban nations that have been so sentenced by the Court.
34. The Delegate will promptly inform the region and Government of all ejections and bannings.
8. Rule 3 of the Regional Assembly will be repealed in its entirety.

9. No part of this proposal will take effect unless all other parts do as well.
If someone could give this another proofreading run through (because the apparently the first 8 or so time weren't enough) and make a new motion if it checks out, we'll be back on track.
 
Let's all proofread the thing and get this done. Please. Bet we can finish it within 24 hours.

And I, personally, won't raise anything but typos or similar errors; anything substantive can wait and be raised as an amendment later on.
 
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