Directive 004: Assembly Amendment

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Directive 004: Assembly Amendment

Post by Wuufu » Thu Oct 31, 2019 7:47 pm

Given that the Senate has remained dormant for some time, and wishing to rectify this, in accordance with the powers granted by the Constitution to the Council of Brilliance, we hearby issue this legally binding directive:

1. Under Section 8.1 the Grand Master and the Council of Brilliance issue a temporary State of Emergency for the purpose of bypassing the inactive Senate. This temporary State of Emergency shall last until such time as the noted referendum in this directive either passes or fails. This State of Emergency grants the Council of Brilliance the power to propose amendments to the Constitution in place of the Senate as per Section 9 of the Constitution.

2. The Council of Brilliance hereby proposes the following constitutional amendment to be presented to the citizens of Cynosure in a referendum as per the second part of Section 9 of the Constitution starting three days following the publication of this directive:

Title

1. This Act shall be titled the Assembly Constitutional Amendment Act.

Assembly Amendment

2. Section 2 of the Constitution shall be amended to the following text:
II. The Assembly

2. The legislative powers and duties of Cynosure shall be vested in a bicameral legislature called the Assembly of Cynosure, that shall be comprised of two chambers; the Senate, and the House of Brilliance. Both chambers shall be of equal standing.

2.1. The Senate shall be comprised of at least three senators and at most seven senators elected by the citizens of Cynosure. If during an election there are between three and seven senators running, they shall automatically be elected and the chamber shall be considered filled for that term.

2.1.1. Senate elections shall occur sixty days after the completion of the previous election of the Senate. Senators shall be elected by plurality vote. In the event of a tie between two or more candidates, a run-off vote shall be conducted to resolve the tie vote. If a vacancy occurs in the Senate, a special election to fill the vacancy shall be held within seven days of the vacancy being created unless there are fewer than sixteen days remaining in the term.

2.1.2. Only citizens of Cynosure who are not members of the Council of Brilliance can be elected or stay elected as a senator of the Senate.

2.2. The House of Brilliance shall be comprised of at least three representatives and at most nine representatives appointed or reappointed by the Council of Brilliance at the conclusion of Senate elections.

2.2.1. If a vacancy occurs in the House of Brilliance, the Council of Brilliance may appoint a replacement to fill the vacancy within seven days of the vacancy being created unless there are fewer than sixteen days remaining in the term.

2.2.2. Only citizens of Cynosure who are not members of the Cynosure Court can be appointed or stay appointed as a representative of the House of Brilliance.

2.3. Each chamber of the Assembly shall follow the provided constitutional rules in relation to elections.

2.3.1. On conclusion of an election, each chamber shall appoint someone as Manager, either Senate Manager or House Manager, as overseen by the Councillor of the Assembly, who shall preside over the chamber and execute its procedural rules for the duration of the term, or until the chamber decides to appoint someone else.

2.3.2. The Manager, either Senate Manager or House Manager, can appoint a Pro Tempore who will act as as that Manager during any time that Manager is inactive.

2.3.3. Existing members of each chamber shall remain as active members until the conclusion of a Senate election, at which point they are replaced with those elected or appointed. Should this occur during the process of a vote, that vote shall be abandoned with the new members of that chamber able to review and restart the vote as desired.

2.3.4. Should there be any time when only one chamber has the minimum number of members elected or appointed to it at the conclusion of an election, that chamber shall maintain sole control of the Assembly, and the Assembly shall become a unicameral legislature around that chamber for the duration of the term. Should this chamber be the House of Brilliance, the Council of Brilliance has the rights to appoint unelected senators to the House of Brilliance as part of their appointments, providing existing Constitutional restrictions are met, and Senate elections shall still occur sixty days after the completion of the previous election.

2.3.5. Should both chambers be unable to meet minimum member requirements, the nomination period shall remain open until such time as there are the minimum number of senator nominations, or the Council of Brilliance is able to appoint the minimum number of representatives, at which point the election period shall conclude twenty four hours after these conditions are met providing these conditions still remain.

2.3.6. Should any chamber during a term fall below the minimum member requirements due to a vacancy, it shall immediately end the term and Senate elections shall be held in full, regardless of time remaining in that term. That chamber shall in addition be dissolved, with no members staying on as active members during the election period.

Powers and Duties of the Assembly

2.4. The Assembly shall be entrusted with the following powers and duties.

2.4.1. The Assembly shall have the power to pass legislation, repeal previously passed legislation, make amendments to this Constitution and take any other action deemed necessary and proper to execute the powers and duties vested in the Senate by this Constitution.

2.4.2. The Assembly shall have the power to ratify or reject treaties with other regions, interregional organizations or extraregional organizations.

2.4.3. The Assembly shall have the power to establish standards and rules regarding the process for attaining and maintaining citizenship status in Cynosure. These standards and rules must be equally applied to all citizenship applicants.

2.4.4. The Assembly shall have the power to draft a code of criminal law, which shall outline in detail all crimes and punishments for conviction of said crimes.

2.4.5. The Assembly shall have the power to issue non-binding resolutions expressing the sense of the Assembly in relation to all matters.

2.4.6. The Assembly shall have the power to issue a vote of no confidence against any member of the Council of Brilliance, any minister as appointed by the Council of Brilliance, or any member of the Cynosure Order; excluding the Grand Master. If this passes, that member shall immediately be removed from office and, if appointed, cannot be reappointed during the current or next term of the Senate.

2.4.7. The Assembly shall have the power to issue a censure against the Grand Master. If this passes, the Grand Master shall be censured.

2.4.8. The Assembly shall have the power to issue a persona non grata against anyone who is currently not a citizen of Cynosure through a binding resolution, which will place that person on the regional blacklist, and to amend and repeal any persona non grata issuances made by either the Assembly or the Council of Brilliance.

2.4.9. The Assembly shall have the power to pass resolutions commending or condemning regions, interregional organisations and extraregional organizations.

2.5. Each chamber of the Assembly shall be entrusted with the following powers and duties.

2.5.1. Each chamber of the Assembly shall have the power to make and revise its own procedural rules within the bounds of process laid out in this Constitution.

2.5.2. Each chamber of the Assembly shall have the power to issue a vote of new management against its Manager. This vote of new management can be executed by any member in accordance with the chamber's procedural rules. If this passes, the Manager shall immediately be removed from the role, but shall still remain a member of that chamber, and the chamber in question shall appoint someone else in accordance with the guidelines of this Constitution.

2.5.3. Each chamber of the Assembly shall have the power to issue a vote of no confidence against any member within its ranks. The member in question may debate on this proposal but may not vote. If this passes, the member shall be removed from the chamber and may not become a member of either chamber of the Assembly during the current or next terms of the Assembly.

2.6. Each vote of no confidence passed by the Assembly may only refer to one citizen.

Process of the Assembly

2.7. Unless otherwise mandated by this Constitution, all legislation, amendments, rules, treaties, resolutions and votes of no confidence that go through the Assembly must pass through this process, and shall be referred to as proposals henceforth. Unless otherwise mandated by this Constitution, all proposals in each chamber of the Assembly shall require a majority vote for passage.

2.7.1. Any member of either chamber of the Assembly may introduce and debate upon proposals in that chamber. Any member of the Council of Brilliance shall have standing to speak within the House of Brilliance, and any member of the Cynosure Court shall have standing to speak within the Senate. Only senators of the Senate, or representatives of the House of Brilliance, may motion on or vote on proposals in their respective chambers.

2.7.2. Upon initial introduction of a proposal into the Assembly, the initial chamber the proposal is introduced into shall be referred to as the initiating chamber, and the other chamber as the adjoining chamber. The proposal shall be debated upon and amended as desired. On successful passage of the proposal from the initiating chamber, the proposal shall be introduced, debated upon and amended as desired in the adjoining chamber.

2.7.3. Once the proposal has left the initiating chamber; anytime the proposal is passed unamended by both chambers of the Assembly, it shall become law, and anytime the proposal is passed amended by a chamber of the Assembly, it shall be reintroduced into the other chamber for additional debate and amendments as desired.

2.7.4. Should a proposal fail passage in either chamber, the proposal shall be considered fallen. That chamber can debate upon, amend and revote on the proposal. Alternatively; if the chamber is the initiating chamber, that chamber can table the proposal, or if it is the adjoining chamber, it can reintroduce the proposal back into the initiating chamber as a fallen proposal for them to debate upon, amend and revote upon, or to simply table the proposal.

2.7.5. Anytime legislation or this Constitution requires passage of a proposal through a single chamber of the Assembly, that shall simply require successful passage in that chamber to be passed by the Assembly. Anytime the Assembly is a unicameral legislature as defined by the Constitution, all proposals simply require successful passage in the active chamber of the Assembly to be passed into law.

2.7.6. No new proposal that requires passage of proposals through a single chamber of the Assembly shall be passed without full assent from both chambers of a bicameral Assembly.

2.8. Anytime the Assembly is in recess, proposals are not allowed to be motioned on, are not allowed to pass between chambers, and are not allowed to be passed into law or come into effect. Any time given in this Constitution, in relevant procedural rules and in law, that relates to the passage of proposals, shall be extended over the time of the recess.

2.8.1. The Assembly shall be in recess during the days of 21st December through to 1st January inclusive. The Assembly shall have the power to introduce legislation to add additional days of recess.
Additional Amendments

3. Section 1.3 of the Constitution shall be amended as follows:
Current Text wrote:1.3. Cynosure shall be prohibited from joining any interregional or extraregional organization without a simple unanimous approval given in a referendum that shall occur after such a request to join passes the Senate.
Proposed Text wrote:1.3. Cynosure shall be prohibited from joining any interregional or extraregional organization without a simple unanimous approval given in a referendum that shall occur after such a request to join passes the Assembly.
4. Sections 3.2.6 and 3.2.7 of the Constitution shall be amended as follows:
Current Text wrote:3.2.6. The Councillor of World Assembly Affairs shall provide the link between NationStates World Assembly and the region as a whole, including but not limited to; advising the Council of Brilliance and the Senate on World Assembly Affairs, voting on World Assembly proposals in accordance with the wishes of Cynosure, and participating on the regional message board. The Councillor of World Assembly Affairs shall stand as the World Assembly (WA) Delegate in order to fulfill their duties.

3.2.7. The Councillor of the Senate shall provide the link between the Senate and the Council of Brilliance, including but not limited to; introducing legislation as desired by the Council of Brilliance, representing the Council of Brilliance on the Senate, and ensuring the Council of Brilliance is kept updated on Senate activity. The Councillor of the Senate shall also actively work to encourage citizens to engage with and participate in the Senate.
Proposed Text wrote:3.2.6. The Councillor of World Assembly Affairs shall provide the link between NationStates World Assembly and the region as a whole, including but not limited to; advising the Council of Brilliance and the Assembly on World Assembly Affairs, voting on World Assembly proposals in accordance with the wishes of Cynosure, and participating on the regional message board. The Councillor of World Assembly Affairs shall stand as the World Assembly (WA) Delegate in order to fulfill their duties.

3.2.7. The Councillor of the Assembly shall provide the link between the Assembly and the Council of Brilliance, including but not limited to; being appointed to the House of Brilliance, introducing legislation as desired by the Council of Brilliance, representing the Council of Brilliance as a whole in the Assembly, and ensuring the Council of Brilliance is kept updated on Assembly activity. The Councillor of the Assembly shall also actively work to encourage citizens to engage with and participate in the Assembly.
5. Section 3.5.1 of the Constitution shall be amended as follows:
Current Text wrote:3.5.1. The Council of Brilliance shall have the power to issue legally binding directives in relation to all matters. These directives must be defined within the boundaries of current law. The Senate shall have the power to amend or repeal directives.
Proposed Text wrote:3.5.1. The Council of Brilliance shall have the power to issue legally binding directives in relation to all matters. These directives must be defined within the boundaries of current law. The Assembly shall have the power to amend or repeal directives.
6. Section 3.5.3 of the Constitution shall be amended as follows:
Current Text wrote:3.5.3. The Council of Brilliance shall have the power to issue a vote of no confidence against any member of the Council of Brilliance, excluding the Grand Master. Any such vote shall require a unanimous vote from all Councillor’s, excluding the Councillor being voted against, who shall be forbidden from participating in the vote. If this passes, that member shall immediately be removed from office and cannot be reappointed during the current or next term of the Senate.
Proposed Text wrote:3.5.3. The Council of Brilliance shall have the power to issue a vote of no confidence against any member of the Council of Brilliance, excluding the Grand Master. Any such vote shall require a unanimous vote from all Councillor’s, excluding the Councillor being voted against, who shall be forbidden from participating in the vote. If this passes, that member shall immediately be removed from office and cannot be reappointed during the current or next term of the Assembly.
7. Sections 5.1 and 5.1.1 of the Constitution shall be amended as follows:
Current Text wrote:5.1. The Cynosure Court shall be comprised of three Sages (justices) who shall be appointed, one each, from the Senate and Council of Brilliance, and one of whom shall be the Councillor of Security, unless they choose to appoint someone in their stead. The Senate shall have the power to appoint their Sage through a binding resolution.

5.1.1. No one shall be appointed as Sage who is not a citizen of Cynosure for less than one month since their last citizenship application was approved, and who has less than fifty forum posts. The Grand Master may not be appointed as Sage by the Senate or the Council of Brilliance. Any member of the Council of Brilliance may not be appointed as Sage.
Proposed Text wrote:5.1. The Cynosure Court shall be comprised of three Sages (justices) who shall be appointed, one each, from the Senate and House of Brilliance, and one of whom shall be the Councillor of Security, unless they choose to appoint someone in their stead. The Senate and the House of Brilliance shall have the power to appoint their Sage through a binding resolution.

5.1.1. No one shall be appointed as Sage who is not a citizen of Cynosure for less than one month since their last citizenship application was approved, and who has less than fifty forum posts. The Grand Master may not be appointed as Sage by the Senate or the House of Brilliance. Any member of the Council of Brilliance may not be appointed as Sage.
8. Section 5.4.5 of the Constitution shall be amended as follows:
Current Text wrote:5.4.5. Sages of the Cynosure Court shall actively work to provide non-binding legal advice to the Senate during the creation of legislation, including cross referencing new legislation against the Constitution and existing statutory law to determine the legality of the new legislation.
Proposed Text wrote:5.4.5. Sages of the Cynosure Court shall actively work to provide non-binding legal advice to the Assembly through the Senate during the creation of legislation, including cross referencing new legislation against the Constitution and existing statutory law to determine the legality of the new legislation.
9. Section 7.3 of the Constitution shall be amended as follows:
Current Text wrote:7.3. The Senate shall provide, by law, for the supervision of referenda intiated by it pursuant to this Constitution and any applicable law, and may regulate the conduct of elections and referenda.
Proposed Text wrote:7.3. The Assembly shall provide, by law, for the supervision of referenda intiated by it pursuant to this Constitution and any applicable law, and may regulate the conduct of elections and referenda.
10. Sections 7.5 and 7.6 of the Constitution shall be amended as follows:
Current Text wrote:7.5. Unless provided for by law, if there is only one nominee after the four day nomination period of an election, they shall automatically be elected without the voting period. Unless provided for by law, if there are no nominees after the four day nomination period of an election, nominations shall remain open until a nominee is found, at which point the four day nomination period shall restart.

7.6. No elections or referenda shall start during a time of Senate recess. Any election or referenda that runs into a time of Senate recess shall be extended for the length of time of that recess.
Proposed Text wrote:7.5. Unless provided for by law, if there are fewer than the minimum required number of nominees after the four day nomination period of an election, nominations shall remain open until the minimum required nominees are found, at which point all nominees shall be successfully elected.

7.6. No elections or referenda shall start during a time of Assembly recess. Any election or referenda that runs into a time of Assembly recess shall be extended for the length of time of that recess.
11. Section 9 of the Constitution shall be amended as follows:
Current Text wrote:9. The Senate shall have the power to propose amendments to this Constitution. Any Constitutional amendments must have the approval of the Grand Master in order to succeed in a vote by the Council of Brilliance and cannot be overturned if vetoed, unless the founder has ceased to exist. The amendment shall then go before the citizens of Cynosure in a referendum. If approved by a two-thirds supermajority of the citizens of Cynosure the amendment shall be ratified.
Proposed Text wrote:9. The Assembly shall have the power to propose amendments to this Constitution. Unless the founder has ceased to exist, any Constitutional amendments must have the approval of the Grand Master in order to succeed in a vote by the House of Brilliance, or if the Grand Master is not a member of the House of Brilliance, must gain immediate assent of the Grand Master following passage of the amendment by the Assembly or shall be considered a fallen proposal instead. The amendment shall then go before the citizens of Cynosure in a referendum. If approved by a two-thirds supermajority of the citizens of Cynosure the amendment shall be ratified.
Recognition of Unamended Sections

12. This act recognises that there are unamended sections of the Constitution of Cynosure, such as within Section 8 that requires the Senate, not the Assembly, be the chamber that grants States of Emergency if the founder should cease to exist, and affirms that this is as intended.

Existing Procedural Rules

13. All existing procedural rules of the Senate shall be repealed.

Lead Councillors
Wuufu, Councillor of Security (and Grand Master)

Approved Councillors
Xah, Councillor of Roleplay
Raconuu, Councillor of Culture
Katie, Councillor of WA Affairs
Wuufu, Councillor of Security and Interim Councillor of Foreign Affairs in the Council of Brilliance, and Grand Master of The Cynosure Order.

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