[Proposal] Assembly Powers Amendment

[Atlantica]

Assembly Amendment (June 2019)

 

Proposed By: @"Atlantica", @"Cormac"

Preamble

This amendment to the Constitution empowers the Assembly with respect to electing government officials and, to a lesser extent, the enactment of legislation.

Section 1. Amendment of the Preamble

(1) The Preamble shall be amended to read:
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In order to ensure a government that is stable, democratic, and fosters an active community, this Mandate has been established as the fundamental law by which Lazarus will be governed. This Mandate is the supreme law of Lazarus and, together with constitutional law, takes precedence over any other law or policy.
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Section 2. Amendment of Article I

(2) Article I shall be amended to read:
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I. Assembly of Lazarus

Composition of the Assembly

(1) The Assembly will be comprised of all citizens of Lazarus.

Powers of the Assembly

(2) The Assembly may establish and revise its own procedural rules by 50%+1 vote.

(3) The Assembly may enact, amend, or repeal general laws and resolutions by 50%+1 vote.

(4) The Assembly may enact or amend treaties at the request of the Cabinet, or repeal treaties on its own initiative, by 50%+1 vote.

(5) The Assembly may declare war against another region or organization at the request of the Cabinet, or repeal a declaration of war on its own initiative, by two-thirds vote.

(6) The Assembly may remove the Assembly Speaker, a Cabinet Minister, a Court Justice, a Councillor of Lazarene Security, or any other government official established by law or policy from office, by two-thirds vote.

(7) The Assembly may remove the Delegate or Vice Delegate from office by three-quarters vote.

(8) The Assembly may declare a state of emergency, end a state of emergency declared by the Council on Lazarene Security, or extend a state of emergency ended by the Council, by three-quarters vote.

(9) The Assembly may amend this Mandate by three-quarters vote.

(10) The Assembly may enact constitutional laws and resolutions, bearing the same legal weight as this Mandate, and may amend or repeal such constitutional laws and resolutions, by three-quarters vote. Constitutional laws and resolutions must be explicitly designated as such within the text of each constitutional law or resolution, and may not either explicitly or implicitly amend or repeal this Mandate or other constitutional laws or resolutions.

Speaker of the Assembly

(11) The Assembly will elect an Assembly Speaker to preside over itself via instant-runoff voting according to its procedural rules.

(12) In the absence of procedural rules to settle a procedural matter in the Assembly, the Assembly Speaker may establish such rules. Procedural rules established by the Assembly Speaker will always be subordinate to the laws of Lazarus and procedural rules established by the Assembly.

(13) The Assembly Speaker will serve for a four-month term, or until resignation, removal from office by the Assembly, or automatic removal from office.

(14) The Assembly may provide for the appointment and removal of deputies to the Assembly Speaker by law or through its procedural rules.
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Section 3. Amendment of Article II

(3) Article II shall be amended to read:
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II. Delegate of Lazarus

Establishment of the office of Delegate

(1) The Delegate will serve as head of state and lawful WA Delegate of Lazarus.

(2) The Delegate may not serve in any other office while serving as Delegate, except that the Delegate will be suspended from the Council of Lazarene Security if they are already a Councillor, but will automatically resume membership on the Council after their term as Delegate.

(3) The Delegate will serve until resignation, removal from office by the Assembly, or automatic removal from office.

Powers of the Delegate

(4) The Assembly Speaker will promptly present all general laws or resolutions, amendments to or repeals of such laws or resolutions. The Delegate may then approve or veto a law, but should the Delegate expressly veto a law, or fail to sign it within 14 days, the Assembly may pass that law by two-thirds vote.

(5) The Delegate may admit residents of Lazarus to citizenship, or may delegate this responsibility to the government official(s) of their choosing. Further procedure for citizenship admission, including procedure for appealing rejection of a citizenship application by the Delegate, as well as criteria for maintenance of citizenship and enforcement of such criteria, may be established by law.

(4) The Delegate may, subject to confirmation by 50%+1 vote of the Council on Lazarene Security, impose revocation of citizenship, ejection and/or ban from Lazarus, or other measures to preserve the security and stability of Lazarus, for whatever duration of time is determined appropriate. The Assembly may overturn such decisions by three-quarters vote.

(5) The Delegate may, subject to confirmation by 50%+1 vote of the Assembly or 50%+1 vote of the Council on Lazarene Security, establish and revise endorsement limits for Lazarus. The Delegate may enforce such limits and will be assisted by the Vice Delegate and Council on Lazarene Security as needed. The Vice Delegate and Councillors will not be subject to such endorsement limits.

(6) The Delegate may impose upon a person a punishment permitted by law, including revocation of citizenship, restriction of ability to vote and/or hold office, ejection and/or banishment from Lazarus and other measures, should the Court confirm by two-thirds vote that the person has committed a criminal offence. The person must have had reasonable opportunity to defend themselves against the charges during a Criminal Review. The Assembly may overturn or reduce such punishments by majority vote.

Line of succession for the office of Delegate

(7) The Vice Delegate will be first in the line of succession, followed by each Councillor in the order determined by the Delegate with confirmation by 50%+1 vote of the Assembly. The first person in the line of succession who is willing and able to serve will succeed to the office of Delegate in the event that the office of Delegate is vacant.

(8) The Delegate may appoint the Vice Delegate or a Councillor to serve as Acting Delegate in the event of the Delegate's scheduled absence. In the event of the Delegate's unscheduled absence exceeding seven days, as certified by 50%+1 vote of the Council on Lazarene Security, the first person in the line of succession who is willing and able to serve will serve as Acting Delegate until the Delegate returns.
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Section 4. Amendment of Article IV

(4) Article IV shall be amended to read:
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IV. Cabinet of Lazarus

(1) The number of Cabinet members, and the nature of their responsibilities, shall be determined by law, but must include at least three members: the Prime Minister of Lazarus, at least one minister responsible for external affairs, and at least one minister responsible for internal Lazarene affairs.
(2) All Cabinet Ministers shall be elected via instant-runoff voting for a four-month term, or until resignation, removal from office by the Assembly, or automatic removal from office.
(3) The Cabinet may issue executive directives to set, amend, or repeal public policy for executive ministries, programs, and activities by majority vote. Such directives will remain in effect unless rescinded by the Delegate who issued them or a subsequent Delegate. Such directives may also be amended by the Delegate who issued them or a subsequent Delegate.
(4) Each Cabinet Minister may provide for the appointment and removal of their respective Cabinet deputies.

Prime Minister of Lazarus

(5) The Prime Minister shall be the head of government and the Cabinet’s first among equals.
(6) The Prime Minister shall be considered a Cabinet Minister and shall, therefore, be elected via instant-runoff voting for a four-month term, or until resignation, removal from office by the Assembly, or automatic removal from office.
(7) Should the Cabinet be unable to decide a course of action by majority vote, the Prime Minister’s vote shall be decisive.
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Section 5. Amendment of Article IX

(5) Article IX shall be amended to read:
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IX. Constitutional Conventions

Procedure for initiating a constitutional convention

(1) The Assembly may, by three-quarters vote, initiate a constitutional convention for the purpose of repealing and replacing this Mandate.

Basic procedure for a constitutional convention

(2) Following initiation of a constitutional convention, the Assembly will establish procedure for the convention by 50%+1 vote. The Assembly may amend the procedure of the convention while the convention is ongoing by 50%+1 vote.

(3) During a constitutional convention, this Mandate, the institutions and offices established by and under this Mandate, and all laws and treaties established under this Mandate, will remain in force, until a new constitution is adopted by the convention.
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This amendment, jointly written by Cormac and myself, is a wholesale reorganization of the government substantially empowering the Assembly; specifically, it grants the Assembly the right to elect the Cabinet and the Speaker, the right to override a Delegate veto, and the unencumbered right to call a Constitutional Convention. It does not affect the Delegate's powers over citizenship, appointments to the Court or the CLS, or the line of succession, thereby preserving our security.