[FAILED] Decentralization of Cabinet Authority Act

[Solus Unus]

This bill is up to vote. This is a charter amendment and requires 2/3 "Yes" votes to pass. The voting period will end on 25 April, 2019 @ 8:00 PM UTC/GMT.

The Decentralization of Cabinet Authority Act is up for debate until 00:01 UTC on 2018-04-18, at which point it shall move to a vote.

Decentralization of Cabinet Authority Act
Category: Charter Amendment
Author: Solus Unus, Celle Franca
Co-Sponsors: Balkvla Islands

The Congress of the Democratic Socialist Assembly:
Observing that the governance has increasingly centralized power within the Executive
Noting that some of these centralizations have been snuck through in other bills
Appalled at this violation of the democratic will of the people
Hereby enacts the following legislation:

Chapter I - General Provisions

I - This bill may be called the Decentralization of Cabinet Authority Act or the DCA Act
II - This bill shall come into full force upon its passing.

Chapter II - Charter Amendments

I - Amendment to the list within Subsection 2.2.1.3 (addition bolded)

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 inter-regional 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
● Override an executive decision made by any member of the Cabinet
● Execute any other power implicit in this charter as specified in Subsection 2.1.3.6

II - Insertion of Subsection 2.1.3.6

All powers implicit in this charter that are not explicitly granted to any specific group are granted to the Congress.

III - Rewriting of Subsection 2.2.4.3

The President and the World Assembly Delegate, when not the same person, shall have only one Cabinet vote shared between them.

Revision as of 2018-04-10T18:57Z - Section II.III of the bill is entirely rewritten to make the intention more clear.

Revision as of 2018-04-11T17:02Z - Section II.II mildly reworded to make its meaning easier to understand.

Revision as of 2018-04-11T19:31Z - Added a clause to Section II.I relating to legislative override at the suggestion of Celle Franca, and added Celle Franca as a Co-Sponsor.

[Dekks]

Firstly this ammendment is very difficult to understand, if possible you should change the wording of your ammendment, secondly I think we will be able to achieve a fairer system of disciplinary measures with a multitude of less drastic measures and ammendments like, increasing the amount of judges in the court, setting up a system for the cabinet to set out disciplinary measures or undertake action which the court will deal with later, possibly create an ammendment which will make discord mods that are independent from the executive and the judicial branch of the DSA while being semi-independent but still subservient to the congress which is the superior body of the DSA. There are many ways to go about it, I personally think this is not one of them.

[Solus Unus]

Apr 11, 2019 15:00:04 GMT Dekks said:

Firstly this ammendment is very difficult to understand, if possible you should change the wording of your ammendment, secondly I think we will be able to achieve a fairer system of disciplinary measures with a multitude of less drastic measures and ammendments like, increasing the amount of judges in the court, setting up a system for the cabinet to set out disciplinary measures or undertake action which the court will deal with later, possibly create an ammendment which will make discord mods that are independent from the executive and the judicial branch of the DSA while being semi-independent but still subservient to the congress which is the superior body of the DSA. There are many ways to go about it, I personally think this is not one of them.

Your other proposals are entirely reasonable, but beyond the scope of this legislation. Moderation of the discord is likely going to be a separate law. As to your first note, do you have any suggestions to make it clearer?

[Deleted]

I disagree with this proposal for several reasons;

1. The Cabinet needs authority in order to moderate/guide the community properly. As an online community, what we need most at this point in time is said moderation. If the cabinet can be overruled by the Congress it prevents decisive action.

2. The AOA was and still is a sound method of policing the cabinet because it requires the cabinet to be in agreement before carrying out actions

3. This act unbalances the checks and balances we have in place in the DSA, and in the future will only lead to more conflict.

[Venovica]

Apr 18, 2019 20:15:46 GMT @cephesylon said:

I disagree with this proposal for several reasons;

1. The Cabinet needs authority in order to moderate/guide the community properly. As an online community, what we need most at this point in time is said moderation. If the cabinet can be overruled by the Congress it prevents decisive action.

2. The AOA was and still is a sound method of policing the cabinet because it requires the cabinet to be in agreement before carrying out actions

3. This act unbalances the checks and balances we have in place in the DSA, and in the future will only lead to more conflict.

Recently when we I said that in case cabinet members were impeached we could always overrule the impeachment but many found a 2/3 majority unlikely which would make this act and its additions to the charter useful in certain circumstances. Only when 2/3 of Congress a very large in itself and as many pointed out to me: A 2/3 majority is a lot to ask.

[Deleted]

I must be honest and say the principles of this amendment, however, I think it deserves more in-depth and descriptive wording before it is properly passed, along with maybe including specific examples of legislation that has caused the above issues. Thank you for bringing these issues to the forefront, however.