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Regional Constitution; just a thought
Topic Started: Sep 4 2004, 11:02 AM (1,206 Views)
Beestonia
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I fully support the idea of a regional constitution. I think it could be quite healing and bring the nations of The Exodus together. The initiative might wake some of our nations up from inactivity. As Avolon said, this will avoid a crisis if another divisive issue arises in the future.

-The Federation of Beestonia
Diplomat of The Exodus.
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Joshua
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The Original Founder

After much thought I think we need a consitution.

We should have an introduction that states the ideals of our region.

We should have a section outlining the duties of the various government positions.

A section on endorsement swapping.

A section on the basic rules that nations must follow. Sort of a bill of rights.

A section on how to deal with troublemakers. This could also be a section on the court.

This is what I have for now. :):)

Lets get this going. :):)
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Avolon
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Don't ever count me out!

I concur and applaud your efforts AA. The region is at a size now, that we need some basic laws and structure. For moral and ethical guide lines. :)
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Bernerbear
Unregistered

A constitution just makes it sooooo much easier to deal with ordeals such as pangea's also.... I too agree with you, AA, and think that this is something that will make our region more efficient...
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Joshua
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The Original Founder

It took me a while to wise up. :)

Many people thought this was a great idea and I finally wised up, and realized that we need a constitution.
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Azozamu
Unregistered

A constitution would really help my ministry and the court.
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rouyn
Unregistered

I think we should have a constitution.

It should give the basic rule and law here. It also should represent our morality and standing.

I say we should start working on it all togheter asap.


Rouyn
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skygaard
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I am all for a constitution as well
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Eastern Aotra
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Secretary of State emeritus

So what does everyone think should be included? Should we base it on say America's or perhaps the one at the begining? Now that the senate is pretty much up and running, we need something for them to work on/with. :D
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Rael One
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It appears that all the poster in this forum are interested or think that the Drafting of some sort of constitution would be in order.

I also agree that a constitution is necessary for a growing region established on Democratic Principles. It provides a framework for growth, mutual protection and participative government. However it does has a number of pitfalls and consideration.

It looks as though some work on this issue has already been done:
Pangeaa - Aug 18 2004, 11:58 PM – Provided a great foundation for a government it could be used in the development of a constitution.
Royun Sep 22 2004, 11:43 PM – provided additional considerations which could also be used in the development of a constitution.

The views and contributions of Avenging Angels, Eastern Aotra, Pangeaa, Ahimsan Islands, Azozamu express interest and additional considerations.

So what’s next, in my humble opinion, I would suggest that a Constitional Committee (ConCom I), be formed, a draft Constition be wriiten and discussed a final draft be written, and this draft be presented to All Regional Nations (the participating members) for discussion and a Vote be taken.

This may be a time consuming and hotly debated affair, but the final results will be a Constitution which will endure.

(It is normally easier to contact me, if necessary, via PM rather than TG, My Rael is only checked to address issues.)
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Joshua
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The Original Founder

I agree that a committee maybe a good way to go. :) I also agree that the final draft should be voted on by the region.

Here is what I came up with for a basic outline of what to include:

We should have an introduction that states the ideals of our region. basically this would be a premable.

We should have a section outlining the duties of the various government positions.

A section on endorsement swapping.

A section on the basic rules that nations must follow. Sort of a bill of rights.

A section on how to deal with troublemakers. This could also be a section on the court.

A section on how legislation gets passed.
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Avolon
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Don't ever count me out!

Avenging Angels
Nov 18 2004, 12:46 PM
I agree that a committee maybe a good way to go. :) I also agree that the final draft should be voted on by the region.

Here is what I came up with for a basic outline of what to include:

We should have an introduction that states the ideals of our region. basically this would be a premable.

We should have a section outlining the duties of the various government positions.

A section on endorsement swapping.

A section on the basic rules that nations must follow. Sort of a bill of rights.

A section on how to deal with troublemakers. This could also be a section on the court.

A section on how legislation gets passed.

This is a good start AA, congratulations! :D
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Rael One
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A A

I agree with your idea, also.

Addressing all the issues and principles, rules and guidelines and provide a method of addressing violations.

There should also be something about provisions for admendments. Thing do change, so it should have a way be flexible.



R O
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Joshua
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The Original Founder

Good point, we should include a section on ammendents and how we would do that.
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Rael One
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May be something on the order of:

Upon the vote of --% of the Senate or a vote of -- % of some other body, a provision of this constitution may be revised,modified,revoked or added. Once amended the constitution is so changed.

A part of the constitution which is unclear, unworkable or for any number of reasons can be changed. This proposed change to be effective has to be ratified by a designinated number of votes.

-

For expample: A senatorial candidate has to have 60 days of forum participation before they can run. -< that's the constitutional rule

But you find that all members who qualify are already senators, so there are no qualified candidates.

Since you cannot violate the constitution you have to admend it

An admentment could lower that standard to 45 days.
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Bernerbear
Unregistered

I like that concept.
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Rael One
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Bernerbear

There is a lot of work already done by member of this Region. It is a matter of piecing it together. But there are still some areas to cover?

Have anything to add.

A comment to make

It is all discussion at this point.


RO
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Rael One
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I have found in my journeys, An example of a constitution used by an active Region, which might serve as an example to work from.

However, it is quite long, and before it is presented. I would like to know if it should be placed here or a copy be PM'd or Emailed first to someone for review.


Please PM me, on the way to proceed.

R O
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Eastern Aotra
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Secretary of State emeritus

The best thing to is to put a link in a post so any that want to check out the other constitutions can do it on their own and it won't take too much space on our board. Also about the concept of amendments, I think it should be the standard 2/3 vote of the region, not just the senate. It would be better, that way everyone has a say in the process, also we should keep in tact the timelines we use other elections. One other thing I'd to see included (SITWAP ;) ) would be definitions of who does what in the region. From Founder down to the newest nation.
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Rael One
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Unfortunately I do not have a link available.

I have PM'd it to you.
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Rael One
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This is an example of an actual NationStates Region’s Constitution - this region is active and secure – but has it’s own problems as well.

This may be an Idea and staring point for The Exodus Constitution.

At the least food for thought.
Quote:
 
-----------------------------------------------------------------------------------------------

We, the People of the _________, recognizing the need for a set of Rules and a Structure by which We govern Ourselves as a Free Society, do establish this Constitution for the better government of the Region.


Article I – Bill of Rights

1. All ------------Nations are sovereign and have the right of self-determination in domestic policies.

2. Rights to free speech, free press, and the free expression of religion shall not be infringed.

3. Participation in the _________ Regional Government, Regional Forum, and Regional Military shall be voluntary.

4. No nation of The _________ holding UN member status shall be obligated to endorse any government official of the _________. The right to add an endorsement or withdraw an endorsement will remain a sovereign right of the UN member nation.

5. All _________ Nations have the right to be protected against the abuse of powers by any government official.

6. No Nation shall be held to answer for a crime, unless on a formal indictment of the Attorney General, except in cases arising in the militia, when in actual service in time of war or Regional danger; nor shall any Nation be subject for the same offense to be twice put in jeopardy; nor shall be compelled in any criminal case to be a witness against itself.

7.When charged with criminal activity, _________ Nations shall enjoy fair and impartial trials. No Nation shall be ejected from the region, or banned from any forum, without due process of law. Should a government official declare the ejection or banning to be a matter of immediate regional security, the ejected or banned Nation shall have recourse to judicial review of the matter, and may be represented by any counsel of the Nation’s choosing. At the discretion of the Chief Justice, such hearing may occur in a locked forum.


Article II - Government


A. Parliament

1. There shall be a Parliament of The _________, which shall consist of the Council of The _________ and the Grand Assembly. All executive, legislative, and judicial authority in the _________ shall vest in its Parliament.

2. Parliament shall provide for calling forth the Militia to suppress insurrections and repel invasions.

3. The Parliament may meet in joint sessions in special circumstances, on the call of the Prime Minister.


B. The Council of the _________

1. The Council of the _________ is the governing and lawmaking body of The _________. Laws shall be deemed passed if they receive a majority of those members voting.

2. Eligibility for membership in The Council of The _________ requires
-Residency in The _________
-Membership in the UN, with a minimum of fifty endorsements
-Population minimum of 300 Million
-Minimum time of participation on the Regional Discussion Board of five weeks, with an average of 0.25 posts per day

3. A three-quarters majority of the Council may eject any member from its roll, and by the same three-quarters majority may disqualify an applicant for membership upon the challenge of one member of Cabinet or two other Councillors.

4. Any nation having membership in the Council that leaves the Region must vacate its seat unless it is out of the Region on official regional business. Any nation whose endorsements drop below 50 must also vacate its seat.

5. The Council may question any Minister or other government official about the performance of his or her duties.

6. The Prime Minister, Ministers, Directors, and the Attorney General shall be responsible to the Council and retain their positions only as long as they have the confidence of the Council.

7. The Council of The _________ shall sit in continuous session.

8. The Council shall maintain a publicly available roster of all current member nations.

9. The Council alone may approve treaties and declare war.

10. The Council may hear any appeals to Judicial decisions on criminal cases that it deems necessary.


C. Speaker of the Council

1. The Council of The _________ shall make its own rules of conduct and elect, every three months, one of its members as a Speaker.

2. The Speaker's main responsibility is to preside over meetings of the Council, keeping order and enforcing rules of conduct.

3. The Speaker shall have the power to rule a Councillor out of order, to force a Councillor to withdraw an offending statement, and to suspend membership in the Council for up to ten days.

4. The Speaker shall determine whether nations applying for membership in the Council or Grand Assembly meet the appropriate requirements.

5. The Speaker shall serve for a term of three months unless a majority of the Council approve a motion of no-confidence in him/her.


D. Cabinet

1. Executive power in The _________ shall vest in its Cabinet, comprising all Ministers approved by the Council, and presided over by the Prime Minister.

2. Council members, including but not limited to Cabinet members, are eligible to run for the Delegate, Prime Minister, and Chief Justice positions, but may not hold two such positions simultaneously.

3. The Council of The _________ shall elect the Cabinet of the _________ every three months, and the Cabinet shall serve for the length of that term, or until the the Council withdraws confidence from them. Elections shall occur two months after the start of elections for Delegate. Confirmation votes for Ministers nominated by the Prime Minister shall occur within the span of three days.

4. Candidates for Prime Minister must be members of the Council of The _________ and must be nominated by another member.

5. Should the Council of The _________ determine that it no longer has confidence in the Cabinet or in an individual minister(s), it may remove its confidence by a motion of no confidence passed by simple majority, in which case new elections must be held for the Cabinet or for the individual office(s).

6. The Cabinet shall execute the laws of the region in accordance with the Constitution, command its armed forces and intelligence services through the appropriate ministers, and generally provide good governance for the Region.


E. Members of Cabinet

1. Prime Minister
a. The Prime Minister leads the Cabinet and is in charge of the day to day running of the region.
b. The Prime Minister shall preside over Cabinet meetings.
c. The Prime Minister shall have power, by and with the advice and consent of the Council of The _________, to make treaties, provided a majority of the members of the Council present concur.
d. The Prime Minister shall nominate suitable Nations for the Ministries of Foreign Affairs, Defense, Communications, and Attorney General, to be voted upon by the Council of The _________. Ministers must be members of the Council.
e. The Prime Minister shall appoint the Director of Intelligence and the Director of Regional Security. These two Directors may or may not be members of the Council.
f. The Prime Minister shall designate a Deputy Prime Minister to preside over Cabinet meetings in his/her absence.
g. The Prime Minister shall approve all defense and intelligence operations.
h. The Prime Minister shall supervise the work of the other Ministers and insure they are fulfilling their duties. The Prime Minister may dismiss a Minister who is not fulfilling his or her duties. In such circumstance the PM shall nominate a replacement Minister for approval by Council.

2. Minister of Foreign Affairs
a. The Minister of Foreign Affairs shall represent the Region and the Government of the _________ to the rest of the regions of NationStates.
b. The Minister shall be responsible for appointing and overseeing a vigorous diplomatic corps, to seek treaties and alliances with foreign regions that may be beneficial to the Region (said treaties and alliances to be ratified by the Council), and shall oversee the creation and regularly update reports on the political and diplomatic state of affairs of Regions throughout NS.

3. Minister of Defense
a. The Minister of Defense shall be responsible to raise and maintain an Army to defend the Region and the Nations of the _________ against all threats, foreign and domestic.
b. This Minister shall advise the Council of Ministers as to potential threats, and recommend an appropriate response.

4. Minister of Communications
a. The Minister of Communications shall work to increase the profile of the government and the Region.
b. This Minister shall oversee that press-releases, notices, etc. are disseminated in a timely fashion.
c. He/she shall work to increase activity among the less active Nations in the Region.
d. The Minister shall oversee the creation and dissemination of a Newcomer's Guide, and shall see that such a guide is updated regularly. The Minister, or any assistants the Minister shall appoint, will telegram Newcomers to the Region, offering advice on game-play.

5. Attorney General
a. The Attorney General is the chief law enforcement officer of the _________ Cabinet with the responsibility for criminal prosecutions.
b. S/he or an appointed representative shall represent the Government before the Court of the _________, and conduct prosecutions for the Region.
c. S/he shall maintain a copy of the Constitution of the _________, where it is available for public view.
d. S/he shall scrutinize all bills before the Council to ensure they are compliant with this Constitution.

6. Other Ministers
The Prime Minister may nominate such other Ministers for the approval of the Council, for such duties as s/he sees fit.

7. Director of Intelligence
a. The Director of Intelligence shall be an ex-officio member of the Cabinet.
b. The Director shall oversee the gathering and dissemination of political and military intelligence of external threats to the Region.

8. Director of Regional Security
a. The Director of Regional Security shall be an ex-officio member of the Cabinet.
b. The Director shall oversee the gathering and dissemination of political and military intelligence of internal threats to the Region.


F. The Grand Assembly

1. The Grand Assembly is the consultative forum for member nations of the _________.

2. Within one week of the election of a Prime Minister s/he shall convene the Grand Assembly of the _________, and appoint a Speaker to preside over its meetings.

3. All nations resident within the _________, or on official regional business out of the Region, may join the Grand Assembly, provided they have a population of at least 100 million. Members of The Council of The _________ sit as equals with the other members of the Grand Assembly.

4. Any nation that leaves the Region must vacate its seat unless on official regional business.

5. The Grand Assembly shall sit for two weeks, plus any additional special sessions called by the Prime Minister.

6. The Prime Minister and Cabinet shall present before the Grand Assembly the program for their term of office.

7. The Grand Assembly may question any Minister or other government official about the performance of his or her duties.

8. The Grand Assembly may pass resolutions giving direction to the Cabinet. These shall be non-binding.

9. The Grand Assembly may initiate bills to be discussed and decided upon by the Council of The _________.


G. Delegate

1. The prime responsibilities of the Delegate are to be the Guardian of this Constitution, to provide a stable environment for the region as a whole, and to serve as a public symbol of regional unity and leadership.

2. All Countries, with the exception of the Delegate-Nominee during a Delegate election, and the Regent, must stay below 75% endorsements of the current Delegate of The _________.

3. The Delegate shall only vote on UN Resolutions in accordance with the will of the majority of UN nations residing in the region.

4. The Delegate shall only expel member states, add or remove them from the ban list, upon the recommendation of the Cabinet, the Judiciary, or a two-thirds majority of the Council, as determined by law. The Delegate may also eject nations in the case of regional emergency, but will be required to present evidence afterward for approval by either the Parliament or a Judiciary Tribunal.

5. The Delegate shall alter the fact book entry, upon the recommendation of the appropriate Minister, as determined by law.

6. The Delegate may not also serve as a Minister, a Director, the Attorney-General or a Justice.

7. The Delegate is an ex-officio member of the Cabinet, and a full member of the Council, and the Assembly.

8. The Delegate shall be limited to no more than four consecutive terms of office.


H. Delegate Elections

1. Every three months the Council shall hold an election for a nominee for Delegate. This position shall be known as the Delegate-Nominee and shall be open to all Councillors in the _________ that meet requirements, including the current Delegate.

2. Requirements for Councillors wishing to run for Delegate
-Residency in The _________ and Membership in The Council of The _________
-Population minimum of One Billion
-Minimum time of participation on the Regional Discussion Board of three months, with an average of 0.5 posts per day
-Minimum time of service of three months in either a Cabinet Post (voting or ex-officio), Chief Justice, Associate Justice, Speaker of Council, or Speaker of General Assembly
-Support of three-quarters of The Council of The _________

3. If the current Delegate is not chosen as the Delegate-Nominee a Delegate election shall be announced. The candidates being the Delegate-Nominee and the current Delegate.

4. The Delegate election shall last for four weeks. The candidate with the highest number of endorsements at the end of that time is the elected Delegate.

5. During a Delegate election neither nation is allowed to eject the other without the explicit instructions of the Court of the _________.

6. Each may temporarily serve as Delegate during the election when they have the most endorsements, but will not become the "official" Delegate until after the election period.

7. After the official election period, the candidate with the least endorsements must fall to a level below the regent, unless they are appointed as the Regent by the Delegate.


I. Regent

1. The Regent shall be selected by the Delegate from any of the nations resident in the _________, with the exception of the nation of the Prime Minister. The Delegate may replace the Regent at any time.

2. The Regent shall have the second highest number of endorsements in the region.

3. In the absence or incapacity of the Delegate, the Regent shall carry out the duties of the Delegate.

4. If the Delegate remains inactive for one week, the Regent may, upon approval of the Cabinet, replace the Delegate by endorsement gathering. In such a case the Regent shall hold office until new Delegate elections can be held.

5. The Regent is an ex-officio member of the Cabinet, and a full member of the Council, and the Assembly.


J. The Court of the _________

1. There shall be a Court of the _________, consisting of a Chief Justice and two Associate Justices.

2. The Chief Justice and Associate Justices shall serve for a three month term.

3. The Chief Justice and one Associate Justice will be elected by the Grand Assembly. One Associate judge will be elected by the Council.

4. Justices may be elected from both UN and non-UN nations. In standing for election candidates for the Court must specify which nation they are representing. Upon taking office the Justices shall move the nations as specified to the apolitical region of the Court of the _________. No other nations shall be permitted to reside there.

5. The Court shall hear all cases under this Constitution, including appeal from decision of the Cabinet concerning expulsion, removals from the ban list, or passwording. The Court may also hear appeals concerning the constitutionality of legislation passed by the Council.

6. Nations taking part in a court hearing as prosecution or defense, that also occupy a seat on the court, shall not partake in their hearing as a judge. A replacement(s) appointed by the Delegate shall sit in on the hearing.

7. The court shall have authority to make punishments whenever deemed necessary.

8. Once a decision is made on a case, all nations of the region must be told of the result. There are to be no secret cases or verdicts.

9. If a Judge is impeached, a new Judge shall be elected within a week.


K. Removal of Government Officials

1. The Delegate, Justices, Prime Minister, Ministers, Directors, the Attorney-General and any other government officials of The _________ shall be removed from office upon impeachment and conviction of, treason, bribery, or other high crimes and misdemeanors.

2. The Grand Assembly by simple majority, or the Delegate, may impeach any official. Two Judges may impeach another Judge of the Court. A hearing is then conducted by the Council. If the Council decides by a three-fourths majority to convict the official s/he shall be replaced.


L. Amendments

1. This Constitution may be amended by a resolution sponsored by a member of Cabinet or upon a petition of 3 Councillors, which achieves 3/4 majority in the Council of The _________. After the initial resolution is passed, the amendments must be sent to the next Grand Assembly for approval by 2/3 vote.


Article III - Conclusion

This Constitution is published by the ---- (name of the body involved in creation) --- on the ----(real world date) ------ , and in witness whereof we have hereunto subscribed our names.

Signatures

---------------------------------------------------------------------------------------


Well there it is,

I realize that the positions and organization are different from what we enjoy here,
but the form may be a very good start.



What do you think?

These are the rules and the principles, which will establish a change in the government
of The Exodus.


Your opinions and comments are extremely important.

Please speak as freely on this issues, as you alway have done.
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Bernerbear
Unregistered

I feel it would give to much room for someone to do spam and such, but many parts of it I think could be applied well to our region.
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Joshua
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The Original Founder

We would have to adapt all of the government stuff to fit how we do things here.

I would say we need to incluide a section on the senate and how that works and about the speaker of nations who heads up the senate.


Do we need a cabinet section? I suppose our cabinet would be the two ministers, the diplomat, and sec of state.

The council sounds like our senate I suppose.

I also do not see the need for a pirme minister since we do not have one and I do not see the point of a grand assembly.

Here is how I see our government outline in the consitution:

1. Founder

2. UN delegate

3. Diplomat

4 Secretary of State

5. Minister of Foreign Relations (this may include his duties along with the RPA)

6. Minister of Internal Affairs (under this we would include the court, since azzy hjeads the court, and I lkike the idea of having the minister of interal affairs head the court up)

7. Senate (including role, speaker of the nations, and anything else that is applicable)
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Bernerbear
Unregistered

how do we elect a speaker of the nations?
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Eastern Aotra
Member Avatar
Secretary of State emeritus

I believe we're going to pick the speaker from the elected senators...primary job will be to keep the senate moving and call for a vote and sign what has been voted into law or veto it...then if it's vetoed it will go to all of the nations for a vote.
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Rael One
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All Ideas and suggestions, posted up to this point have been recorded. They will be organized in to catagories for future discussion.

Updated results will be posted (by 11/21/04),as an edit to the example constitution post.

When this form changes pages I will post a new link to the example constitution post. Will make it easier to review.

Please continue.

____________________________________________________________________
added 11-21-04

Thank you all, for your thoughts and insights. The majority of nations who have spoken here have agreed a Constitution would be a good idea.

Most thought the example was fine, but included things that were not relevent.

Concern was expressed about Endorsement swapping, and Spam.

Some talked about the model and framework of a constitution.

I received input from AA and other Officals.

I am now in the process of writing a first draft constitution which more closely fits The Exodus. It will then be made available for further review by concerned parties. I expect to have this First draft ready by Friday 11/26/04.

Please continue providing your thoughts and ideas.

Remember this document will be the rule of law for The Exodus.

Your ideas are very important.
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Bernerbear
Unregistered

Guys, are we gong to add the role of head of intel to anyone's role, or do we not really need that? Also, I think that the diplomat appointed should be approved by the senate in a vote before he just starts working as the diplomat of our region.
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Eastern Aotra
Member Avatar
Secretary of State emeritus

Intel is under the Internal Affairs part of the government. As for the diplomat, it was written down in the begining so the delegate could have someone to work with that they trusted. Similar to an advisor, just as I am an advisor to AA.
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Azozamu
Unregistered

Eastern Aotra
Nov 22 2004, 11:54 AM
Intel is under the Internal Affairs part of the government.

Damn straight. But I do have my informants... <_<
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peanutoil
Unregistered

Great work so far!

Suggestions: Speaker of the Senate is picked by the Senators we will elect.

Yes to outlawing SPAM, don't see what's wrong with Endorsement swapping? Anyone want to expand on why that would be bad? It seems like a freedom/choice each nation would want to possess. Maybe I'm not seeing the evil in it.

Is the Founder going to act as an executive (ala the President) or a king? And if a king, is it just ceremonial or are there powers involved?

Rael's constitution is great... let's focus on a Bill of Rights, courts for member nations, ways to amend the constitution, time frame for elections and procedures on how to remove politicians.

Can we determine/reserve a day or two on the message boards to discuss each piece individually? Like this Thursday and Friday will be discussions on the Bill of Rights, followed on next Monday and Tuesday with a discussion of the rights and responsibilities of the Senate?
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