Bill: Rejected President of the Senate Act

[End]

A
BILL
To

Transfer Presiding Power of the Senate

The people of Democracy Craft, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment
(1) This Act may be cited as the “President of the Senate Act”.
(2) This Act shall be enacted at the next election period.

2 - Reasons
(1) Why is the Senate of Redmont's presiding power vested in a member of the executive, the Vice President? Well, it's pretty safe to say it's only because it simulates IRL. It's time DC made it's political system more unique and tailored to our political system.
(2) The separation of powers are only blurred by one connection, and that is the Vice President's involvement in Congress. There isn't a true separation of power - our constitution even admits this: "Motions to override Presidential veto are presided over by the President Pro Tempore rather than the Vice President to prevent bias." and "The Chief Justice shall Chair trials in place of the Vice President if the President or the Vice President is the one under question."
(3) Zero of the five Vice Presidents have been actively involved in Congress, instead delegating their duties to the President Pro Tempore.
(4) There will be little change with this bill, only formal changes to the duties of such roles to ensure they have proper recognition for the role that they fulfil.
(5) This bill is formalising the status quo - the president has no reason to veto this transfer of power, provided they respect the separation of power.

3 - The Senate
The following will be changed from subsection (a) to subsection (b):

(a) The Senate shall consist of 6 citizens, referred to as Senators (Abbreviated Sen.) who are elected for 4 month terms. The Senate acts as the house of review to the House of Representatives and cannot originate any bills.
The Senate shall internally elect a President Pro Tempore whose only powers shall be to cast an additional tie breaking vote only in the event that the Vice President is vacant and to become President in the event that the President, Vice President, and Speaker are all vacant simultaneously.
The Senate must have more than 50% of its total seats occupied to approve any motion, bill, or Presidential nomination.
The Vice President does not count towards this figure of quorum.

In the event that a vacancy arises in the Senate, the members of the House may vote amongst themselves to approve a new member to the chamber. Such a motion would require a supermajority to pass and would require Senate approval but not Presidential assent. The House may also motion for a Special Election in accordance with law outside the Constitution.

The Senate may approve a motion from the House of Representatives to override a Presidential veto by a supermajority of votes. Motions to override Presidential veto are presided over by the President Pro Tempore rather than the Vice President to prevent bias

Any person may submit a petition on the forums to recall a Senator. Should at least 20 other unique people sign the petition, a referendum shall be held no more than 24 hours later. The referendum shall last for 48 hours. The live results of such an election shall not be made public and the results shall only be disclosed once polling has concluded. To determine the outcome of the referendum, the official in question is removed from office if the percentage of nays is less than the percentage that represents their seat in Congress. For example, if there are 4 seats in the Senate, each seat represents 25% and therefore fewer than 25% of responses would need to be nay for the official to be removed.

(b) The Senate shall consist of 7 citizens (4x Class A, 3x Class B) referred to as Senators (Abbreviated Sen.) who are elected for 4 month terms. The Senate acts as the house of review to the House of Representatives and cannot originate any bills.

The Senate must have more than 50% of its total seats occupied to approve any motion, bill, or Presidential nomination.

In the event that a vacancy arises in the Senate, the members of the House may vote amongst themselves to approve a new member to the Senate. Such a motion would require a supermajority to pass and would require Senate approval but not Presidential assent. The House may also motion for a Special Election in accordance with law outside the Constitution.

The Senate may approve a motion from the House of Representatives to override a Presidential veto by a supermajority of votes.

Any person may submit a petition on the forums to recall a Senator. Should at least 20 other unique people sign the petition, a referendum shall be held no more than 24 hours later. The referendum shall last for 48 hours. The live results of such an election shall not be made public and the results shall only be disclosed once polling has concluded. To determine the outcome of the referendum, the official in question is removed from office if the percentage of nays is less than the percentage that represents their seat in Congress. For example, if there are 4 seats in the Senate, each seat represents 25% and therefore fewer than 25% of responses would need to be nay for the official to be removed.

4 - Powers of the Senate
The following will be changed from subsection (a) to subsection (b):

(a)

• Responsible for reviewing all bills passed by the House of Representatives and voting on them as well as making amendments where they see fit.
• Approving and overturning motions of no confidence.
• Responsible for conducting impeachment trials after the house has impeached the official, whereby a super majority is required to remove the official from office, The Chief Justice shall Chair trials in place of the Vice President if the President or the Vice President is the one under question.
• Responsible for approving and rejecting players nominated by the President for Cabinet and Judicial appointments.
• The Senate shall have the power to issue a motion of Censure against any person or group. This has no legal repercussions and is purely a statement of disapproval. Should this motion be specific to the Senate’s disapproval it does not require House approval or Presidential assent.
• The Senate may create and start a vote on non-binding resolutions. These do not require presidential assent.

(b)

• Responsible for reviewing all bills passed by the House of Representatives and voting on them as well as making amendments where they see fit.
• Approving and overturning motions of no confidence.
• Responsible for conducting impeachment trials after the house has impeached the official, whereby a super majority is required to remove the official from office.
• Responsible for approving and rejecting players nominated by the President for Cabinet and Judicial appointments.
• The Senate shall have the power to issue a motion of Censure against any person or group. This has no legal repercussions and is purely a statement of disapproval. Should this motion be specific to the Senate’s disapproval it does not require House approval or Presidential assent.
• The Senate may create and start a vote on non-binding resolutions. These do not require presidential assent.

4 - President of the Senate
(1) The title will change from 'President Pro Tempore' to 'President of the Senate'.
(2) The following will be changed from subsection (a) to subsection (b):

(a) The Senate is presided over by the Vice President, who is responsible for maintaining the good order and efficient running of the chamber, as well as chairing meetings, facilitating the voting of bills, casting tie breaking votes, and ensuring the timely passage of Bills to the President for Approval.

(b) The Senate is presided over by the President of the Senate, who is responsible for maintaining the good order and efficient running of the chamber, as well as chairing meetings, facilitating the voting of bills, casting tie breaking votes, and ensuring the timely passage of Bills to the President for Approval.
The President of the Senate position is voted on by the Senate immediately after each election (excluding special elections).
In order to remove the President of the Senate's appointment, the President of the Senate must resign or lose to a vote of no confidence (super majority).
The President of the Senate's first order of business is to amend or reaffirm the standing orders of the Senate.

5 - Powers of the Vice President
(a) In the event that the role of Vice President becomes vacant, the President shall have the power to nominate a new Vice President which must be confirmed by the Senate. The President Pro Tempore shall break the tie should one arise

(b) In the event that the role of Vice President becomes vacant, the President shall have the power to nominate a new Vice President which must be confirmed by the Senate.

6 - Role of the Vice President
The following will be changed from subsection (a) to subsection (b):
(a) The Vice President is second to the President and acts as their sole adviser.
(b) The Vice President is second to the President and acts as their sole adviser. The Vice President, by convention, holds a portfolio.

7 - Order of Succession
The following will be changed from subsection (a) to subsection (b):
(a) President Pro Tempore of The Senate
(b) President of the Senate

8 - Presiding Officers
(1) The Speaker and President of the Senate are equal in seniority. The Speaker, however, is the first among equals where required.
(2) The Office of the Speaker will be renamed the Office of Congressional Affairs, overseen by the Speaker, but inclusive of the President of the Senate.
(3) Any references to President Pro Tempore outside of the bounds of this bill should be interpreted as the President of the Senate.

 

[End]

Concerns:

VP not having a role: The VP has had a portfolio in all Presidencies with exception to the Krix Administration. The VP is also a close and trusted advisor to the President who assists in whole of government supervision. The only time a VP has no role is when the VP is slacking off. What they put in is what they get out of it. Currently they do very little in Congress anyway, all of their powers are delegated and executed by the PPT anyway. It's like telling the deputy speaker to do everything.

Communication Communication between Congress and the Executive takes place in a channel called Presiding Officers. I'd be surprised if the VP actually comes into this discord that much if they aren't actually interested in whats happening here. Before we had a Senate all communication went through the speaker. I don't see how it would be any different coming from the Speaker and President of the Senate. The bridge between Congress and the Executive used to be and still is #presiding-officers in the main discord.

Separation of Powers: there is no reason the VP is in the house other than replicating

. This will most definitely separate the branches of govt. as they should be.

Amending Power If Congress couldn't change Power dynamics with the consent of the Executive it would just smash progression. If the Executive agrees its an acceptable amendment then it's constitutional.

 

[Lord_Donuticus]

HARD HARD HARD NAY - It's really bad for executive and legislative links, it will lead to a breakdown of communication between the branches. I really think this is an awful idea.

There is no reason for this bill, if it ain't broke don't fix it because if you break it you bought it.

We finally have good communication, lets not risk that now.