Act of Congress The Constitutional Reforming Act

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Krix

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Krix
Krix
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Congress Vote: 6-1-0

A
BILL

To

Amend and Reform the Constitution of Democracy Craft​

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 “Constitutional Reforming Act”.
(2) This Act shall be enacted immediately upon its signage.

2 - New Constitution
We the players of DemocracyCraft, in order to form a more perfect form of server, establish this Constitution to guarantee the preservation and protection of Justice, promote the general welfare of our players, and secure the liberty of our participation in the governance of this server. All citizens and the Government of DemocracyCraft will abide by these here set principles to play and unite as one server, DemocracyCraft.
PREAMBLE
The Government of DemocracyCraft is separated into three arms of Government: the Legislative, the Executive, and the Judiciary. It is important to note that the Government and the Server Staff have completely different roles and functions.
ARTICLE I - THE CONGRESS
Legislative Power
Legislative power is vested in the Congress, consisting of two equal chambers, hereinafter called The Senate and The House of Representatives.
Role of Congress
The Congress is responsible for debating, creating, removing, and amending server laws and specified rules. The Congress is therefore key in representing the will of the people, allowing every citizen to have either a direct or indirect impact on the governance of the server.
Powers of Congress
  1. Responsible for the creation, as well as the modification and removal of all server laws.
  2. Congress can also change rules in addition to laws, but only rules that affect groups that the government has oversight of.
  3. Congress has the ability to amend the Constitution through a supermajority vote in both chambers, with the exclusion of any changes to the system of Government which must attain a majority in a public referendum as well..
  4. Congress may amend, create, and remove government departments, including the roles and responsibilities they hold, and the positions within them. This is a complex change.
  5. Congress can override an Executive Order (EO) made by the President by a supermajority vote in both chambers.
  6. Congress can override a Presidential veto by supermajority vote.
  7. Congress can impose, amend, cease, and collect taxes.
  8. Congress can check and approve government spending.
  9. Congress cannot give themselves power over other branches of Government nor can they take power away from them.
The House of Representatives
The House of Representatives shall consist of 7 players, referred to as Representatives (Abbreviated Rep.) who are elected for 2 month terms. The House of Representatives is where all bills originate from.
Powers of the House of Representatives
  1. The House of Representatives is responsible for the creation of all bills.
  2. The House of Representatives can override a non-complex Presidential veto by a supermajority of votes.
  3. Congress cannot override a veto of a Government change or complex change.
  4. Congress cannot give themselves power over other branches of Government nor can they take power away from
  5. Can impeach government officials

Speaker of the House of Representatives
The House of Representatives is presided over by the Speaker of the House of Representatives, who is responsible for maintaining the good order and efficient running of the chamber, as well as chairing meetings, facilitating the voting of bills, and ensuring the timely passage of Bills to the Senate.
The Speaker position is voted on by the House of Representatives immediately after congressional elections.
In order to remove the Speaker’s appointment, the Speaker must resign from Speakership or lose to a vote of no confidence (supermajority).
The Speaker’s first order of business is to amend or reaffirm the standing orders of the House of Representatives.
The Senate
The Senate shall consist of 4 players, referred to as Senators (Abbreviated Sen.) who are elected for 2 month terms. The Senate acts as the house of review to the House of Representatives and cannot originate any bills.
Powers of the Senate
  1. Responsible for reviewing all bills passed by the House of Representatives and voting on them as well as making amendments where they see fit.
  2. Approving and overturning motions of no confidence.
  3. Responsible for conducting impeachment trials after the house has impeached the official, whereby a supermajority 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.

  1. Responsible for approving and rejecting players nominated by the President for Cabinet and Judicial appointments.
President of the Senate
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.

Elections
The Senate and House of Representative follow the same electoral process: All players have a set number of votes that they can submit (Equal to the seats of that chamber) for which they may choose to vote for one or more candidates.
A player can only sit in one chamber; Where a player is elected to both chambers, it will be that they assume their seat in the Senate and forfeit their Seat in the House of Representatives.
Candidates are to make their official political party affiliations known or if none, opt to run as an independent.
In order to run for the House of Representatives,
players needs to meet these requirements:
  1. Has joined prior 2 weeks prior to the election.
  2. Has accrued 24 hours play time.
  3. Is an active participant in the community, in-game, on discord, and forums.
In order to run for the Senate,
players needs to meet these requirements:
  1. Has joined 4 weeks prior to the election.
  2. Has accrued 72 hours play time.
  3. Is an active participant in the community, in-game, on discord, and forums.
Roles change following the counting of the votes.
Congress enters ‘caretaker mode’ on the first day of the electoral month.

Time Period
House of Representatives:
-2 Month Term

Election Months:
January, March, May, July, September and November

The Senate:
-4 Month Term

Election Months:
September,January and May

Between the 1st-15th is the Election Period.

Removing a Member of Congress
If a Representative or Senator is no longer fit for office, they can be removed from Congress early by the relevant presiding officer with the consent of all members of their chamber (Excluding the individual in question). When a Representative or Senator resigns or is removed from office, they will be replaced by any player nominated by the presiding officer. The nominee is, by convention, the player with the next most votes in the most recent election.

Spoiler: Incumbent Representatives
Spoiler: Incumbent Senators
Useful links for the Congress:
SECTION II - THE COURTS
Judicial Power
Judicial power is vested in the court.
Role of the Court
The Judicial arm of Government, consisting of the courts, interprets the law, as written by the legislature and administered by the Executive.
Powers of the Court
  1. The Court makes judgements on criminal appeal cases such as appeals to the state for charges against them.
  2. The Court makes judgements on civil cases such as wrongful dismissal and compensation disputes.
  3. The court is able to issue warrants to the Department of Justice.
  4. The court is responsible for resolving government disputes.
  5. The court acts as a constitutional court, as a check on legislation and executive power.
Judges
The Court shall consist of 3 Judges that are responsible for presiding over and delivering non-biased verdicts on all lawsuits. The Judges are to be nominated by the President and approved by the Senate.
Lawsuits
Lawsuits are made in the Courthouse forum. Lawsuits can be either civil cases (a dispute between two parties, usually seeking compensation) or criminal cases (an appeal to the state against a charge).

Role of the Supreme Court
Where a bill or law is challenged for constitutionality, all Judges must deliver a verdict.
The Supreme Court is able to hear appealed cases, the court also may decide which appeals to reject and deny.
- the majority verdict stands.
-A Chief Justice shall be nominated by the President and approved by the Senate to chair the Supreme Court.
Spoiler: Incumbent Judges

Useful links for the Court:

SECTION III - THE PRESIDENT & CABINET
Executive Power
Executive power is vested in the President and Cabinet. The Executive branch, consisting of the President, Cabinet, and government departments, administers and enforces the law respectively, as written by the legislature and interpreted by the judiciary.
Role of the President
The President is both the Head of State and Head of Government. The President is responsible for the execution and enforcement of the law.
Powers of the President
Grant reprieves and pardons to players charged with breaking the law.
The President nominates, appoints, and dismisses members of the Executive Cabinet.
Vested in the President is the power to veto legislation passed by Congress.
The President is the chairperson of Cabinet and therefore calls for and adjourns meetings.
The President may issue non-complex Executive Orders for the good governance of the server. The President must issue Executive Orders if and when requested by the Owner.
The President also has the power to dissolve the Congress if requested by the Speaker.
Election
The President and Vice President both serve a four month term, with the election falling in the consecutive month to the most recent Congressional Election.
In order to assume office, the Presidential candidate must attain a simple majority.
A Presidential candidate will choose a running mate prior to the electoral ballot, to serve as Vice President.
In order to run for President, the player needs to meet these requirements:
  1. Has been 4 months since the player’s initial join date.
  2. Has accrued 400 hours play time.
  3. Is an active participant in the community, in-game, on discord, and forums.
  4. At the beginning of every presidential term, all cabinet positions must be nominated/re-nominated and approved by the Senate.
  5. A President can not serve consecutive terms.

If no candidate receives an outright majority in the election

Order of Succession
Where the President, and or Vice President where the offices become simultaneously vacant, is incapacitated or inactive for more than 7 days unannounced, the powers and duties of the offices of the Presidency pass in the following Order of succession:
Vice President
Speaker of The House of Representatives
Secretary of the Department of Justice.
Secretary of the Department of Education & Commerce.
Secretary of the Department of Public Affairs.
Secretary of the Department of Construction & Transport.
Secretary of the Department of Health.
Secretary of the Department of Environment & Recreation.

Role of the Vice President
The Vice President is second to the President and acts as their sole adviser.
Powers of the Vice President
Where the President is unable to fulfil their duties or is absent for an extended period of time, the Vice President assumes the role of President in an Acting capacity, bearing all responsibilities and powers of the President.

Role of the Cabinet.
Cabinet is a group of advisors to the President known as secretaries, who collectively administer and guide government decision making and policy. The body holds no power outside of department policy, instead it derives its power through advising the President.
  1. Responsible for community engagement through events and media.
  2. Oversees Government owned assets, including any cities and towns, plots, apartments, and buildings, as well as the management of the GDP and Government balance.
  3. Responsible for changes (not law) in economic systems, transportation systems, and town/city systems.
  4. Cabinet can put forward proposals to staff for plugins.
Secretaries
Secretaries are members of the cabinet who each lead a government department or portfolio. It is the Secretaries job to oversee the efficient operations of their department, and to create and amend department policy in conjunction with the Government's direction. They appoint and dismiss employees of their respective departments.

Secretaries are nominated by the President and approved by the Senate, continuing to serve at the pleasure of the President. A Secretary may be removed from office should they be impeached and removed from office by the Senate.

The President may appoint a Secretary without portfolio to Cabinet, who does not lead any departments, rather acts as an adviser. The full title of a Secretary is "Secretary of Example".
Example: Secretary of Justice, or Justice Secretary, is responsible for the Department of Justice.
Government Departments
Government Departments and their employees fall under the executive arm of Government. The current departments are:
Department of Justice (DoJ): The department is charged with maintaining the peace and good order of the server, through lawfully exercising its power to enforce the laws of the server. The department oversees Police Officer employment of the server. Additionally, the department is responsible for the administration of an impound and providing security to government officials and events.
Department of Education & Commerce (DEC): The department is charged with maintaining the server's economic state, as well as to update server guidelines and laws. The department oversees economist and draftsman employment. Additionally, the department is charged with the administration of government grants and the registration of companies.
Department of Public Affairs (DPA): The department is charged with organising and hosting server community events, elections, and surveys. The department oversees Event Coordinator and Tour Guide employment. Additionally, the department is responsible for the administration of server social media accounts and the administration of cabinet meetings.
Department of Construction & Transportation (DTC): The department is charged with the creation of Government infrastructure and maintenance of build quality throughout the server's urban environments. The department oversees Constructor and Building Inspector employment. Additionally, the department is responsible for the administration of a DCT store and Government Tenders.
Department of Health (DoH): The Department of Health is responsible for the maintenance and upkeep of the server's health systems. The department oversees Doctor and Medical Specialist employment.
Department of Environment & Recreation (DER): The department is charged with maintaining the aesthetic of the server, through repairing and revitalising the natural landscape and assorted urban community spaces. The department oversees Ranger employment and farming practices around the server. Additionally, the department is responsible for the administration of a DER store, an Animal Shelter, and a Zoo. The maintenance of all government recreation facilities fall under the jurisdiction of the DER.
Spoiler: Members of the Executive

SECTION IV - RIGHTS & FREEDOMS
Rights & Freedoms
The Democracycraft Charter of Rights and Freedoms guarantees the rights and freedoms set out in it, subject only to such reasonable limits prescribed by law that are justified in a free and democratic server.
I. The right to participate in, and run for elected office.
II. The right to vote in elections.
III. The right to vote a Government official out of his or her office.
IV. No citizen is to be made to produce self-incriminating evidence in a court of law.
V. All accused are entitled to appeal a charge made against them by the state.
VI. Freedom of Political Communication.
VII. Criminals, although broke the law, are still citizens of the server and therefore entitled to their rights.
SECTION V - CHANGES TO THE CONSTITUTION
Changing the Constitution
Any amendment to the Democracycraft Constitution, in order to protect the Constitution, must satisfy these requirements.
A 'Bill: Draft' proposing changes to the constitution is made public.
A Representative must then start a referendum on forums where citizens, over the course of 5 days, will vote on the proposed amendment.
A supermajority in both chambers of Congress.
An absolute majority (50%+1) needs to be achieved via public referendum, if the amendment is for a Government Change or a Rights and Freedoms change.
Presidential Assent.
Any change to the Constitution must carry the short title of "Democracycraft Constitution Amendment Act.

SECTION VI - THE OWNER’S RELATIONSHIP WITH GOVERNMENT
Staff & Government
The Owner is the only bridging between Staff and Government.
Owner Override
For the Benefit of the server, the Owner retains the reserve power to completely override any Government decision.
The Owner will communicate this override through the President where possible.
Owner override cannot be overturned, however the owner will work with the President to seek an alternative option.
The Owner will advise the President where requested and or give input into the server’s efficient running and staff workload.
Dissolution of a Presidential Administration
The Owner can dissolve a Presidential administration and trigger a subsequent election.
Elections
The owner is responsible for ensuring elections are facilitated on forums where possible.
SECTION VII - DEFINING KEY TERMS
Supermajority
A vote of 2/3rds majority.
Executive Order
A lawful directive issued by the President in the pursuit of his or her duties.
Complex Change
A complex change includes the following and needs to be discussed with the Owner before being signed by the President:
Changes to the System of Government.
Plugin related changes.
Changes involving significant staff involvement.
Creation of new towns/cities/urban establishments.
Congressional Caretaker Mode
Only necessary bills are to be proposed to ensure the efficient running of the Government.
 
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