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A
BILL
To
Amend the Constitution
BILL
To
Amend the Constitution
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
- This act may be cited henceforth as the “Redmont Extra Security In Stopping Threats” Amendment Act or the RESIST Amendment Act.
- This Act shall be enacted immediately upon its signage.
- Authored by Lord_Donuticus.
2 - Reasons for Proposal
The people of Redmont have spoken in the latest election: their safety and defence is an issue of foremost importance to their minds, recently the Commonwealth of Redmont has been under attack with more than 5 attacks being made on political bodies or gatherings in the last month, secessionist movements gaining followers, & tensions boiling up to a eruption point.
As such this representative, elected on the promise of keeping Redmont safe, sees a clear and present mandate for immediate action to be taken and so will seek to establish rules with the constitution of the Commonwealth of Redmont to ensure the protection of its citizens. This amendment will define the parameters under which the Commonwealth of Redmont will mobilize for a state of advanced hostilities, it will establish a military force to protect the citizens of Redmont in times of state of advanced hostilities and peace.
This amendment is long overdue, the safety of our nation is compromised, individuals who have attacked our nations have openly referred to their actions as a war, and while we cannot go back in time and make this amendment law thus avoiding the horrific actions they perpetrated - we can stop the next attacks.
3 - Amendments
- The Role of Congress under 'Section I - The Congress' of the Constitution will changed from:
- The Congress is responsible for debating, creating, removing, and amending country 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 country.
to
The Congress is responsible for debating, creating, removing, amending country laws and specified rules, and authoring formal declarations. 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 country.
- The Congress is responsible for debating, creating, removing, and amending country 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 country.
- The following will be added to the Congressional Jurisdiction Summary under 'Section I - The Congress' of the Constitution:
- Congress may pass a formal Declaration of Advanced Hostilities by majority vote against enemies of the Commonwealth of Redmont in order to authorize the executive branch to pursue advanced defensive actions.
- Congress may pass a formal Declaration of Ceasing Hostilities by majority vote to cease advanced defensive action outlined in a formal Declaration of Advanced Hostilities.
- Congress may pass a formal Declaration of Advanced Hostilities by majority vote against enemies of the Commonwealth of Redmont in order to authorize the executive branch to pursue advanced defensive actions.
- The House of Representatives under 'Section I - The Congress' of the Constitution will changed from:
- The House of Representatives shall consist of 9 citizens, referred to as Representatives (Abbreviated Rep.) who are elected for 2 month terms. The House of Representatives is where all bills originate from.
The House of Representatives must have more than 50% of its total seats occupied to approve any motion or bill.
In the event that a vacancy arises in the House, 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 does not require Senate approval or Presidential assent. The House may also motion for a Special Election in accordance with law outside the Constitution.
Any person may submit a petition on the forums to recall a Representative. 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 House, each seat represents 25% and therefore fewer than 25% of responses would need to be nay for the official to be removed.
to
The House of Representatives shall consist of 11 citizens, referred to as Representatives (Abbreviated Rep.) who are elected for 2 month terms. The House of Representatives is where all bills originate from and has the power to submit declarations through the congress for vote.
The House of Representatives must have more than 50% of its total seats occupied to approve any motion or bill, this however does not apply for declarations.
In the event that a vacancy arises in the House, 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 does not require Senate approval or Presidential assent. The House may also motion for a Special Election in accordance with law outside the Constitution.
Any citizen may submit a petition on the forums to recall a Representative. Should at least 20 other unique citizens 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 House, each seat represents 25% and therefore fewer than 25% of responses would need to be nay for the official to be removed.
- The House of Representatives shall consist of 9 citizens, referred to as Representatives (Abbreviated Rep.) who are elected for 2 month terms. The House of Representatives is where all bills originate from.
- The following will be added to the Powers of the House of Representatives under 'Section I - The Congress' of the Constitution:
- The House may create and start a vote, by majority, on a formal Declaration of Advanced Hostilities to empower the Executive to begin advanced defensive action against enemies of the Commonwealth of Redmont.
- The House may create and start a vote, by majority, on a formal Declaration of Ceasing Hostilities to cease advanced defensive action against former enemies of the Commonwealth of Redmont.
- The House may create and start a vote, by majority, on a formal Declaration of Advanced Hostilities to empower the Executive to begin advanced defensive action against enemies of the Commonwealth of Redmont.
- The Senate under 'Section I - The Congress' of the Constitution will changed from:
- 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.
to
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 has the power to submit declarations through the congress for vote.
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 citizen may submit a petition on the forums to recall a Senator. Should at least 20 other unique citizens 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.
- 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 following will be added to the Powers of the House of Representatives under 'Section I - The Congress' of the Constitution:
- A member of the Senate may create and submit to the House, a formal Declaration of Advanced Hostilities to empower the Executive to begin advanced defensive action against enemies of the Commonwealth of Redmont.
- A member of the Senate may create and submit to the House, a formal Declaration of Ceasing Hostilities to cease advanced defensive action against former enemies of the Commonwealth of Redmont.
- A member of the Senate may create and submit to the House, a formal Declaration of Advanced Hostilities to empower the Executive to begin advanced defensive action against enemies of the Commonwealth of Redmont.
- The following will be changed in the Powers of the Senate under 'Section I - The Congress' of the Constitution:
- Responsible for reviewing all bills passed by the House of Representatives and voting on them as well as making amendments where they see fit.
to
Responsible for reviewing all bills and declarations passed by the House of Representatives and voting on them as well as making amendments where they see fit.
- Responsible for reviewing all bills passed by the House of Representatives and voting on them as well as making amendments where they see fit.
- The following will be changed in the Role of the President under 'Section III - The President and Cabinet' of the Constitution:
- The President is both the Head of State and Head of Government. The President is responsible for the execution and enforcement of the law.
to
The President is the Head of State, Head of Government and Commander in Chief of the Commonwealth of Redmont. The President is responsible for the execution and enforcement of the law, and the defence of the citizens of the Commonwealth of Redmont.
- The President is both the Head of State and Head of Government. The President is responsible for the execution and enforcement of the law.
- The following will be added to the Powers of the President under 'Section III - The President and Cabinet' of the Constitution:
- The President may, in their capacity as Commander in Chief, take limited defensive action against perceived enemies of the Commonwealth of Redmont in order to fulfill their duty to defend the citizens of the Commonwealth of Redmont.
- The President may sequester a special council consisting of important government leadership in the event that the President perceives an emergency.
- The President may, in their capacity as Commander in Chief, take limited defensive action against perceived enemies of the Commonwealth of Redmont in order to fulfill their duty to defend the citizens of the Commonwealth of Redmont.
- The following will be changed in the Order of Succession under 'Section III - The President and Cabinet' of the Constitution:
- In the event that the President is incapacitated, removed from office, or inactive for more than 7 days unannounced, the title of President shall pass in the following order of succession, but lower positions on this order of succession do not rise to fill any vacancies created by this process:
Vice President
Speaker of The House of Representatives
President Pro Tempore of The Senate
Secretary of the Department of State.
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.
to
In the event that the President is incapacitated, removed from office, or inactive for more than 7 days unannounced, the title of President shall pass in the following order of succession, but lower positions on this order of succession do not rise to fill any vacancies created by this process:
Vice President
Speaker of The House of Representatives
President Pro Tempore of The Senate
Secretary of the Department of State.
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.
In the event that a formal Declaration of Advanced Hostilities exists in the Commonwealth of Redmont the Secretary of the Department of Justice will automatically assume the role of Vice President if the role is made vacant in order to maintain effective continuity of government.
- In the event that the President is incapacitated, removed from office, or inactive for more than 7 days unannounced, the title of President shall pass in the following order of succession, but lower positions on this order of succession do not rise to fill any vacancies created by this process:
- The following will be changed in Government Departments under 'Section III - The President and Cabinet' of the Constitution:
- 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 Commonwealth of Redmont. The department oversees the Police Officer employment of Redmont. Additionally, the department is responsible for the administration of an impound and providing security to government officials and events.
to
Department of Justice (DoJ):
The Department of Defence is charged with maintaining the peace, defence and good order of the Commonwealth of Redmont, through lawfully exercising its power to enforce the laws of the Commonwealth of Redmont. The Department oversees the Police Officer employment of Redmont and is responsible for auditing and improving the safety and defensibility of the commonwealth of Redmont as a whole. Additionally, the department is responsible for the administration of an impound, providing security to government officials and events, and coordinating drills & wargames in order to test the government's emergency response.
- Department of Justice (DoJ):
- The following will be added to 'Section III - The President and Cabinet' of the Constitution:
- Emergency Council
The President may sequester a special council consisting of important government leadership in the event that the President perceives an emergency. This council will consist of the following individuals:
Vice President
Speaker of The House of Representatives
President Pro Tempore of The Senate
Secretary of the Department of State.
Secretary of the Department of Justice.
The Attorney General
& two others chosen at the President's discretion.
This President will present this council with evidence confirming that the President believes there to be an emergency, the council will then vote if it believes that the evidence provided constitutes an emergency. If this council confirms the emergency the Speaker of the House & President Pro Tempore of the Senate will immediately start an emergency session of Congress to determine the scope of the emergency and pass temporary legislation, that will expire at the end of the emergency, to bring the emergency to an end.
This state of emergency will remain a state secret until such a time as which the President chooses to announce it to the public.
At the end of the emergency the Speaker of the House & President Pro Tempore of the Senate will form a Congressional Committee to explore the emergency, write a report on the effectiveness of the response and recommend any changes to the law or future responses.
- Emergency Council
- The following will be added to 'Section IV - Rights & Freedoms':
- Enemy Combatant
An enemy combatant is a persons whose citizenship of the Commonwealth of Redmont is suspended due charges levied on them during an state of Advanced Hostilities:
1. Insurrection against the Commonwealth of Redmont
Any persons deemed an enemy combatant will be subject to the following rights & freedoms:- The right to appeal a charge of Insurrection against the Commonwealth of Redmont.
- No enemy combatant is to be made to produce self-incriminating evidence in a court of law.
- The right to an acceptable level of dignity during custody.
- The right to enter into a plea to restore full citizenship in exchange for information that proves useful to the state of Advanced Hostilities effort.
- The immediate restoration of citizenship once a declaration of state of Advanced Hostilities has ended.
- Enemy Combatant
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