Post by Deleted on Nov 7, 2018 18:27:29 GMT
The Fifty-Fourth Amendment to the Charter (The Modernization of the Court and Justice Expansion for Safety and Unshakability of our Sodality Act)
Author(s): Gribelt
Co-Signer(s): N/A
Date Effective: 27 June 2018
Final Vote Count: 15-2-0
Author(s): Gribelt
Co-Signer(s): N/A
Date Effective: 27 June 2018
Final Vote Count: 15-2-0
The following modifications are made to the charter:
Art. II, Sec. I, Sub. I, Cl. II and III (with changes made explicit):
Art. II, Sec. III, Sub. IV (with changes made explicit):
Art. III, Sec. I is completely revised:
Art. II, Sec. I, Sub. I, Cl. II and III (with changes made explicit):
Clause 2. The Congress may, by a simple majority of votes cast:
Elect Cabinet Members
Pass laws
Enact resolutions
Repeal a law or resolution
Impeach a Resident
Impeach a Member of Congress if a ruling of the Court recommended their impeachment and the Court introduces the necessary motion
Expel a Resident if a ruling of the Court recommended their removal and the Court introduces the necessary motion
Remove a Cabinet Member from office if a ruling of the Court recommended their removal and the Court introduces the necessary motion
Recommend to the Court that a resident be indicted
Overturn an Impeachment or Expulsion previously executed by the Congress
Censure a Member of Congress
Clause 3. The Congress may, by a 2/3 majority of votes cast:
Amend the Charter
Remove a Cabinet Member from office
Ratify or withdraw from an interregional treaty or alliance
Veto a decision or action of the Cabinet or a Cabinet Member
Request Founder intervention
Impeach a Member of Congress without the prior recommendation of the Court
Expel a Resident without the prior recommendation of the Court
Overturn an impeachment or expulsion performed by the Court
Elect Cabinet Members
Pass laws
Enact resolutions
Repeal a law or resolution
Expel a Resident if a ruling of the Court recommended their removal and the Court introduces the necessary motion
Remove a Cabinet Member from office if a ruling of the Court recommended their removal and the Court introduces the necessary motion
Recommend to the Court that a resident be indicted
Overturn an Impeachment or Expulsion previously executed by the Congress
Censure a Member of Congress
Clause 3. The Congress may, by a 2/3 majority of votes cast:
Amend the Charter
Remove a Cabinet Member from office
Ratify or withdraw from an interregional treaty or alliance
Veto a decision or action of the Cabinet or a Cabinet Member
Request Founder intervention
Impeach a Member of Congress without the prior recommendation of the Court
Expel a Resident without the prior recommendation of the Court
Overturn an impeachment or expulsion performed by the Court
Art. II, Sec. III, Sub. IV (with changes made explicit):
Subsection IV: Decisions
Clause I. The Court shall issue a written opinion on each of its decisions.
Clause II. Penalties imposed by the Court in cases of impeachment shall be limited to removal from office and, optionally, disqualification from holding office under the DSA fo a certain period of time or indefinitely.
Clause III. No penalty may be imposed as part of an advisory opinion.
Clause IV. Penalties imposed by the Court in the case of contentious issues may include:
Formal reprimand,
Placing a nation under a period of probation, during which any new offense may be punished with a greater than usual degree of severity,
Disqualification of a nation from holding office under the DSA for a period of time or indefinitely,
Recommendation to the President or World Assembly Delegate that a nation be expelled from the DSA, or
Any combination of the above.
Clause V. The Court may choose not to impose a penalty in contentious cases, letting its decision stand for itself as a form of justice.
Clause VI. Penalties shall be proportional to the severity of the offense committed.
Clause I. The Court shall issue a written opinion on each of its decisions.
Clause II. Penalties imposed by the Court in cases of impeachment shall be limited to removal from office and, optionally, disqualification from holding office under the DSA fo a certain period of time or indefinitely.
Clause III. No penalty may be imposed as part of an advisory opinion.
Clause IV. Penalties imposed by the Court in the case of contentious issues may include:
Formal reprimand,
Placing a nation under a period of probation, during which any new offense may be punished with a greater than usual degree of severity,
Disqualification of a nation from holding office under the DSA for a period of time or indefinitely,
Recommendation to the President or World Assembly Delegate that a nation be expelled from the DSA, or
Any combination of the above.
Clause VI. Penalties shall be proportional to the severity of the offense committed.
Art. III, Sec. I is completely revised:
Section 3.1 - Establishment, Authority and Jurisdiction
Subsection I: Impeachment by the Court
Clause I. Impeachment from Congress can be handed by the Court to any Member of Congress found guilty of the following:
Fraudulently representing oneself in Congress
Violations involving Prohibited Content
Violations of the Terms of Residency
Willfully neglecting to divulge conflicts of interest
Willfully bringing harm upon the DSA
Refusing to obey the Rules of the Charter with respect to use of Administrative Privileges or the Cabinet Member’s authority
Clause II. Impeachment by the Court will result in the removal of the Member of Congress from Congress.
Clause III. The Court may also make the sentence of impeachment temporary by listing an end date for their ineligibility to be in Congress.
Subsection II: Impeachment by the Congress
Clause I. A Member of Congress in good standing may draft articles of impeachment for any other Member of Congress. Articles of impeachment require the public support or endorsement of Members of Congress in good standing, being not less than five (5) percent or five (5) members, whichever is fewer. The articles shall not go up to a vote without allowing for a statement from the subject of the articles in their own defence, unless no statement is made seven (7) days after the introduction of the articles.
Clause II. Impeachment by the congress will be binding should the vote pass, unless the vote can not be certified by the Secretary General or is found to be illegal by the Minister of Justice.
Clause III. Impeachment by the Congress will result in the removal of the subject of the articles from Congress and the barring of them from re-entering Congress.
Clause IV. An impeachment performed by Congress can be overturned by a simple-majority vote lasting seven (7) days, allowing the barred nation to apply to rejoin Congress.
Subsection III: Expulsion by the Court
Clause I. Expulsion is a sentence that can be handed by the court to any resident found guilty of the following:
Violations involving Prohibited Content
Repetitive or uncorrected violations of the Terms of Residency
Willfully bringing harm upon the DSA
Refusing to obey the Rules of the Charter with respect to the use of Administrative Privileges or the Cabinet Member’s authority
Clause II. Expulsion will result in the removal of the resident found guilty from the DSA.
Clause III. Expulsion will automatically act as the Impeachment of the resident from their position as Member of Congress if they hold that position while expelled.
Clause IV. Expulsion can be made temporary by specifying a date when the nation will be allowed to rejoin the region.
Subsection IV: Expulsion by the Congress
Clause I. Expulsion by the Congress is to be considered a tool of last resort, as it should almost never fall to Congress to need these tools should the Courts be functioning. Expulsion by the congress is to be viewed as an emergency power, should the courts and normal justice system of the DSA fail the Congress when action is needed.
Clause II. Expulsion by the Congress is the most powerful tool Congress has to remove a resident or Member of Congress, and therefore must be treated with the utmost care in the execution of such proceedings. The introduction of Articles of Expulsion by congress requires a written endorsement of Members of Congress in good standing, being not less than seven and one half (7.5) percent of Congress or seven (7) members, whichever is fewer.
Clause III. Voting on the Articles of Expulsion may not commence until three (3) days after a statement of defense is posted by the subject of the articles. In the event the subject does not make a statement within seven (7) days of the article receiving the appropriate number of endorsements, the vote may proceed without their statement.
Clause IV. Voting on the Articles of Expulsion shall occur for a period of no less than seven (7) days.
Clause V. Recognizing the absolute importance of transparency and accountability in a vote with such heavy consequences, voting on Articles of Expulsion shall be done only through one of two methods, chosen upon the introduction of the articles by the introducing member:
Closed ballot voting where each member sends their vote to the Secretary General, or other cabinet minister appointed to officiate the vote should there be a conflict of interest, and the officiator posts the tally of anonymized votes in the forum thread of the articles.
In the event that those introducing the articles do not believe the Cabinet can be trusted to execute the vote honestly, open ballot through posting on the forum where each non-abstaining vote shall declare they are a Member of Congress in good standing and their vote on the articles.
Clause VI. Any vote by a member found not to be in good standing is not to be counted in the proceedings, regardless of prior notice, action, or decision allowing their vote in other affairs. The Secretary General or their replacement in the closed ballot proceedings shall not count any vote given by a Member of Congress not in good standing and inform the member in question their vote was ineligible. In an open ballot, it is the duty of the Congress in general to challenge the votes of those ineligible and ensure their votes are not counted in the open ballot proceedings.
Clause VII. A minimum of five (5) percent of Congress or ten (10) members shall have voted, whichever is fewer, with a two-thirds majority needed to pass the Articles.
Clause VIII. Upon the passage of the Articles of Expulsion, the subject is to be removed and barred from the DSA. Should they also be a Member of Congress, they are to be removed from that position.
Clause IX. An expulsion performed by Congress can be overturned by a simple-majority vote lasting seven (7) days, allowing the barred nation to apply to rejoin the region.
Subsection V: Censuring
Clause I. Censuring is a method for the Court or Congress to express their disapproval of the actions or conduct of a resident or Member of Congress.
Clause II. Should the Court choose to censure a resident or Member of Congress, they shall provide their statement along with the ruling.
Clause III. Should a Member of Congress wish to censure another Member, they will introduce the motion with their statement, and after a period of five (5) days, a vote may be held. The voting period shall last no fewer than seven (7) days.
Subsection VI: Removal From Office
Clause I. Removal of a Cabinet Member from office can be done by a ruling of the Court or by a vote by Congress. Grounds for removal from office by the Court are the same as those for impeachment outlined in Clause 3.1.3.1.
Clause II. The introduction of a Motion to Remove from Office in the congress can be initiated by any Member of Congress. The motion must be allowed to be discussed for a period of no less than seven (7) days before being voted on, and the voting shall last for seven (7) days.
Clause III. If a Motion to Remove from Office has received a two-thirds majority after seven days, it is considered to have passed and the Cabinet Member is removed from their position.
Subsection VII: Removal From Office, Impeachment
Clause I. Should the Court wish to defer their sentencing to the will of the Congress, they may choose to recommend an action such as Removal from Office, Impeachment, or Expulsion be undertaken by Congress. These are to be called “Articles of Recommended Removal from Office”, “Articles of Recommended Impeachment”, or “Articles of Recommended Expulsion” to ensure clarity in the standards of proceeding to a vote.
Clause II. The Articles of Recommended Action may only be introduced by the Court, and only by the member who issued the ruling in question. The articles must be issued within five (5) days of the ruling in the Court. After the introduction of the articles, there must be a minimum five (5) day period for members to discuss and debate before a vote. After that period, voting in the standard secret-ballot method will occur for a period of no less than seven (7) days.
Clause III. A simple majority of Members of Congress that voted must approve of the sentence imposed by the articles the court introduced during the voting period to sentence the resident in question.
Clause IV. Upon the passage of the vote the sentence is to come into effect with whatever conditions are specified by the court in their ruling
Subsection I: Impeachment by the Court
Clause I. Impeachment from Congress can be handed by the Court to any Member of Congress found guilty of the following:
Fraudulently representing oneself in Congress
Violations involving Prohibited Content
Violations of the Terms of Residency
Willfully neglecting to divulge conflicts of interest
Willfully bringing harm upon the DSA
Refusing to obey the Rules of the Charter with respect to use of Administrative Privileges or the Cabinet Member’s authority
Clause II. Impeachment by the Court will result in the removal of the Member of Congress from Congress.
Clause III. The Court may also make the sentence of impeachment temporary by listing an end date for their ineligibility to be in Congress.
Subsection II: Impeachment by the Congress
Clause I. A Member of Congress in good standing may draft articles of impeachment for any other Member of Congress. Articles of impeachment require the public support or endorsement of Members of Congress in good standing, being not less than five (5) percent or five (5) members, whichever is fewer. The articles shall not go up to a vote without allowing for a statement from the subject of the articles in their own defence, unless no statement is made seven (7) days after the introduction of the articles.
Clause II. Impeachment by the congress will be binding should the vote pass, unless the vote can not be certified by the Secretary General or is found to be illegal by the Minister of Justice.
Clause III. Impeachment by the Congress will result in the removal of the subject of the articles from Congress and the barring of them from re-entering Congress.
Clause IV. An impeachment performed by Congress can be overturned by a simple-majority vote lasting seven (7) days, allowing the barred nation to apply to rejoin Congress.
Subsection III: Expulsion by the Court
Clause I. Expulsion is a sentence that can be handed by the court to any resident found guilty of the following:
Violations involving Prohibited Content
Repetitive or uncorrected violations of the Terms of Residency
Willfully bringing harm upon the DSA
Refusing to obey the Rules of the Charter with respect to the use of Administrative Privileges or the Cabinet Member’s authority
Clause II. Expulsion will result in the removal of the resident found guilty from the DSA.
Clause III. Expulsion will automatically act as the Impeachment of the resident from their position as Member of Congress if they hold that position while expelled.
Clause IV. Expulsion can be made temporary by specifying a date when the nation will be allowed to rejoin the region.
Subsection IV: Expulsion by the Congress
Clause I. Expulsion by the Congress is to be considered a tool of last resort, as it should almost never fall to Congress to need these tools should the Courts be functioning. Expulsion by the congress is to be viewed as an emergency power, should the courts and normal justice system of the DSA fail the Congress when action is needed.
Clause II. Expulsion by the Congress is the most powerful tool Congress has to remove a resident or Member of Congress, and therefore must be treated with the utmost care in the execution of such proceedings. The introduction of Articles of Expulsion by congress requires a written endorsement of Members of Congress in good standing, being not less than seven and one half (7.5) percent of Congress or seven (7) members, whichever is fewer.
Clause III. Voting on the Articles of Expulsion may not commence until three (3) days after a statement of defense is posted by the subject of the articles. In the event the subject does not make a statement within seven (7) days of the article receiving the appropriate number of endorsements, the vote may proceed without their statement.
Clause IV. Voting on the Articles of Expulsion shall occur for a period of no less than seven (7) days.
Clause V. Recognizing the absolute importance of transparency and accountability in a vote with such heavy consequences, voting on Articles of Expulsion shall be done only through one of two methods, chosen upon the introduction of the articles by the introducing member:
Closed ballot voting where each member sends their vote to the Secretary General, or other cabinet minister appointed to officiate the vote should there be a conflict of interest, and the officiator posts the tally of anonymized votes in the forum thread of the articles.
In the event that those introducing the articles do not believe the Cabinet can be trusted to execute the vote honestly, open ballot through posting on the forum where each non-abstaining vote shall declare they are a Member of Congress in good standing and their vote on the articles.
Clause VI. Any vote by a member found not to be in good standing is not to be counted in the proceedings, regardless of prior notice, action, or decision allowing their vote in other affairs. The Secretary General or their replacement in the closed ballot proceedings shall not count any vote given by a Member of Congress not in good standing and inform the member in question their vote was ineligible. In an open ballot, it is the duty of the Congress in general to challenge the votes of those ineligible and ensure their votes are not counted in the open ballot proceedings.
Clause VII. A minimum of five (5) percent of Congress or ten (10) members shall have voted, whichever is fewer, with a two-thirds majority needed to pass the Articles.
Clause VIII. Upon the passage of the Articles of Expulsion, the subject is to be removed and barred from the DSA. Should they also be a Member of Congress, they are to be removed from that position.
Clause IX. An expulsion performed by Congress can be overturned by a simple-majority vote lasting seven (7) days, allowing the barred nation to apply to rejoin the region.
Subsection V: Censuring
Clause I. Censuring is a method for the Court or Congress to express their disapproval of the actions or conduct of a resident or Member of Congress.
Clause II. Should the Court choose to censure a resident or Member of Congress, they shall provide their statement along with the ruling.
Clause III. Should a Member of Congress wish to censure another Member, they will introduce the motion with their statement, and after a period of five (5) days, a vote may be held. The voting period shall last no fewer than seven (7) days.
Subsection VI: Removal From Office
Clause I. Removal of a Cabinet Member from office can be done by a ruling of the Court or by a vote by Congress. Grounds for removal from office by the Court are the same as those for impeachment outlined in Clause 3.1.3.1.
Clause II. The introduction of a Motion to Remove from Office in the congress can be initiated by any Member of Congress. The motion must be allowed to be discussed for a period of no less than seven (7) days before being voted on, and the voting shall last for seven (7) days.
Clause III. If a Motion to Remove from Office has received a two-thirds majority after seven days, it is considered to have passed and the Cabinet Member is removed from their position.
Subsection VII: Removal From Office, Impeachment
Clause I. Should the Court wish to defer their sentencing to the will of the Congress, they may choose to recommend an action such as Removal from Office, Impeachment, or Expulsion be undertaken by Congress. These are to be called “Articles of Recommended Removal from Office”, “Articles of Recommended Impeachment”, or “Articles of Recommended Expulsion” to ensure clarity in the standards of proceeding to a vote.
Clause II. The Articles of Recommended Action may only be introduced by the Court, and only by the member who issued the ruling in question. The articles must be issued within five (5) days of the ruling in the Court. After the introduction of the articles, there must be a minimum five (5) day period for members to discuss and debate before a vote. After that period, voting in the standard secret-ballot method will occur for a period of no less than seven (7) days.
Clause III. A simple majority of Members of Congress that voted must approve of the sentence imposed by the articles the court introduced during the voting period to sentence the resident in question.
Clause IV. Upon the passage of the vote the sentence is to come into effect with whatever conditions are specified by the court in their ruling