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The Twentieth Amendment to the Charter
Author(s): Suceavija, Arcomo (co-author)
Co-Signer(s): N/A
Date Enacted: 13 September 2012
Final Vote Count: 13-0-1
Archivist's Note: The changes to the Charter encompassed here were originally presented as 28 separate Charter Amendments, albeit as one singular package in Referendum R2012.8.1, and have since become known as the 'Second Great Overhaul'. Referendum R2012.9.1, passed 22 October 2012, retroactively collated the 28 amendments into one single piece of legislation denoted as the Twentieth Amendment - thus also leaving the First Great Overhaul outside the numbered succession of Charter Amendments. Each amendment was accompanied by an explanatory note, each of which has been reproduced in bold italics.
Author(s): Suceavija, Arcomo (co-author)
Co-Signer(s): N/A
Date Enacted: 13 September 2012
Final Vote Count: 13-0-1
Archivist's Note: The changes to the Charter encompassed here were originally presented as 28 separate Charter Amendments, albeit as one singular package in Referendum R2012.8.1, and have since become known as the 'Second Great Overhaul'. Referendum R2012.9.1, passed 22 October 2012, retroactively collated the 28 amendments into one single piece of legislation denoted as the Twentieth Amendment - thus also leaving the First Great Overhaul outside the numbered succession of Charter Amendments. Each amendment was accompanied by an explanatory note, each of which has been reproduced in bold italics.
Amendment 1 - the following is inserted as Cl. IV of Art. II, Sec. IV:
(New charter provision that expedites the transfer of power from the former WA Delegate to the WA Delegate-elect by placing a greater burden of action to correct an improper technical appointment on the former WA Delegate to prevent large lapses of time between old and new cabinets and the subsequent negative impacts on effective regional government)
Amendment 2 - the following is inserted as Cl. IV of Art. II, Sec. IX:
(New charter provision that expedites the transfer of power from the former WAD to the WAD-elect by placing a greater burden of action to correct an improper technical appointment on the former WAD to prevent large lapses of time between old and new cabinets and the subsequent negative impacts on effective regional government)
Amendment 3 - Cl. I of Art. III, Sec. III is changed to:
(Adding the phrase, "exemplary and extraordinary service to the DSA," to existing provision)
Amendment 4 - Cl. VI of Art. II, Sec. II is changed to:
(Minor change of word "acts" to "act")
Amendment 5 - Cl. VI of Art. II, Sec. III is changed to:
(Minor change of the word “simply” to the word "simple" and addition of a space between the words “shall” and “immediately”)
Amendment 6 - Cl. I of Art. II, Sec. IV is changed to:
(Minor change of the word “the” to the word "that" after “institutions”)
Amendment 7 - Cl. II of Art. II, Sec. V is changed to:
(Minor change to add a space between "II." and "The" and eliminate extra period at end of sentence)
Amendment 8 - Cl. I of Art. II, Sec. VI is changed to:
(Minor spelling correction to the word "Minister")
Amendment 9 - Cl. II of Art. II, Sec. VI is changed to:
(Minor change of the word “included” to "include")
Amendment 10 - Cl. I of Art. II, Sec. VII is changed to:
(Minor correction to the spelling of the word “responsibility”)
Amendment 11 - Cl. I of Art. II, Sec. IX is changed to:
(Minor correction to the spelling of the word “Minister”)
Amendment 12 - Cl. II of Art. II, Sec. X is changed to:
(minor correction to the spelling of the word "equals")
Amendment 13 - Cl. I of Art. III, Sec. II is changed to:
(Minor correction to the spelling of the word “separately”)
Amendment 14 - Cl. IV of Art. III, Sec. II is changed to:
(Adding the phrase, "using the existing uniform DSA Ambassador nation format within the regions in which they are appointed if a puppet nation for a particular region is not already in existence;" to the existing provision as this was established by the Ministry of Foreign Affairs after the election of the First Cabinet)
Amendments 15 to 17 - the following is inserted as Cl. VIII to X of Art. II, Sec. II:
(New charter provision that further defines the role of the MFA as it relates to establishing and maintaining embassies, new charter provision that further defines the role of the MFA as it relates to our fleet of ambassador nations, new charter provision that further defines the role of the MFA as it relates to a new trial feature: symbolic trade agreements with our interregional partners)
Amendment 18 - Cl. III of Art. II, Sec. I is changed to:
(Removing the phrase "or tribune" from the clause since that position no longer exists)
Amendment 19 - the following is inserted as Cl. IV of Art. II, Sec. I:
(New charter provision that expedites transfer of power from the former WAD to the WAD-elect, encouraging members of Congress to endorse their own majority-chosen WAD)
Amendment 20 - the following is inserted as Cl. VIII of Art. III, Sec. I:
(New charter provision expanding voters' range of options and impact on elections, and so that candidates running unopposed aren't necessarily a shoe-in just for getting 1+ votes)
Amendment 21 - Cl. III of Art. III, Sec. II is changed to:
(Adds the phrase, "and shall be subject to all requirements in Article II, Section IV, Clause IV, of this Charter." and shortens all references to the 'World Assemebly Delegate' to the charter's permissible abbreviation, 'WA Delegate')
Amendment 22 - the following is inserted as Cl. VI of Art. III, Sec. II:
(New charter provision establishing protocol to address a cabinet position vacancy)
Amendments 23 and 24 - the following is inserted as Cl. IV and V of Art. IV, Sec. II:
(New charter provision that would expand congressional powers, thereby expanding political freedoms to not only members of the congress but to accused nation(s) as well, to determine with a trial-by-committee - whose members are chosen by the Minister of Justice - the fate of the accused rather than leaving the decision of expulsion solely to the President. New charter provision that establishes a formal procedure for members of Congress to request the expulsion of a disruptive nation rather than leaving the decision of expulsion solely to the President.)
Amendment 25 - Cl. III of Art. IV, Sec. II is changed to:
(Adds the sentence, "Such an expulsion has to be followed by a congressional review of the expulsion as described in Article IV, Section II, Clause V." Also changes word "is" to "in" in the first sentence between the words "engaging" and "disruptive")
Amendment 26 - Cl. II of Art. II, Sec. II is changed to:
(Removes the comma between the words “Congress” and “World” and adds the word “and” in its place. This is to emphasize that the President of the Congress and World Assembly Delegate are two parts of the same position instead of two separate positions)
Amendments 27 and 28 - the following is inserted as Cl. IV and V of Art. II, Sec. IV:
(Permits the WA Delegate to conditionally, independently sponsor WA proposals brought forward by foreign WA Delegates, Permits the WA Delegate to conditionally, independently author and co-author WA proposals)
Following any given term of service, if not reelected, the outgoing WA Delegate is either required to summarily resign from the WA or temporarily move out of the region (to immediately shed their undue majority-share of accumulated endorsements) within three days of the end of their term so as to expedite the process of placing the rightful WA Delegate-elect in their new position. This rule shall also apply to undemocratically/serendipitously-elected WA Delegates, who must immediately resign or temporarily depart upon discovery of or being alerted to their incorrect technical appointment to the position of WA Delegate or within three days of the appointment; which ever comes first. Once this transition has occurred, if the former WA Delegate chose to resign from the WA, that former WA Delegate may reapply for membership to the WA.
Amendment 2 - the following is inserted as Cl. IV of Art. II, Sec. IX:
The founder shall eject the former or undemocratically/serendipitously-elected WAD if that nation is unwilling or otherwise unable to satisfy the requirements of Article II, Section IV, Clause IV.
Amendment 3 - Cl. I of Art. III, Sec. III is changed to:
The Congress may honor any nation or region, regardless of membership or affiliation, for special acts in defence of the DSA, exemplary and extraordinary service to the DSA, or for such acts that otherwise further the principles of the DSA.
Amendment 4 - Cl. VI of Art. II, Sec. II is changed to:
All Ministers of the Assembly shall be fully accountable to the President of the Congress and the Congress itself. All Cabinet members are expected to carry out their duties with honour and integrity. Any Cabinet members who act in a manner not befitting their position shall tender their resignation to the Congress.
Amendment 5 - Cl. VI of Art. II, Sec. III is changed to:
In such times as those of a Caretaker-President of the Congress, any nation may be nominated at any time during the term to officially fill that office for the remainder of said term. Should that nation receive approval from the Congress, by way of a simple majority vote lasting seven (7) full days, they shall immediately assume the role of President of the Congress.
Amendment 6 - Cl. I of Art. II, Sec. IV is changed to:
The World Assembly Delegate shall represent the Assembly on the floor of the World Assembly as well as bodies and institutions that are under the umbrella of the World Assembly.
Amendment 7 - Cl. II of Art. II, Sec. V is changed to:
The Secretary-General shall maintain a roster of Charter nations with posts in the government and of diplomatic envoys or embassies accorded diplomatic recognition within the DSA.
Amendment 8 - Cl. I of Art. II, Sec. VI is changed to:
The Minister of Foreign Affairs shall have the responsibility of coordinating the diplomatic activities of the Democratic Socialist Assembly around the world. Furthermore the Minister of Foreign Affairs is charged with remaining intimately informed with regards to the foreign relations of the Assembly and the actions of the Diplomatic Corps abroad.
Amendment 9 - Cl. II of Art. II, Sec. VI is changed to:
The Minister of Foreign Affairs shall operate under the direction of the President of the Congress and shall serve as the head of the Foreign Ministry which shall include the Minister of Foreign Affairs and the Diplomatic Corps of appointed envoys.
Amendment 10 - Cl. I of Art. II, Sec. VII is changed to:
The Minister of Immigration and Regional Promotion is charged with conducting global recruitment campaigns to promote the Assembly. The Minister also has the responsibility of welcoming new nations to the region and helping them to become familiar with domestic politics and regional operations.
Amendment 11 - Cl. I of Art. II, Sec. IX is changed to:
The Minister of Justice shall have the responsibility of coordinating the execution of the duties of the Supreme Court. Additionally, the Minister of Justice shall enforce the provisions of Article I, Section I, Clause I & Clause II and Article III, Section IV, Clause I.
Amendment 12 - Cl. II of Art. II, Sec. X is changed to:
The Supreme Court shall consist of the President of the Congress, the Secretary-General and the Minister of Justice. The Minister of Justice shall be considered the chair and head of the Supreme Court on a 'first among equals' basis.
Amendment 13 - Cl. I of Art. III, Sec. II is changed to:
The Congress shall elect the Cabinet by a majority of Charter members voting. All Cabinet members' terms shall last seventy-five (75) full days, except for the Minister of Justice who is legislated for separately. Nations nominated for a position on the Cabinet must be in good standing and have an account on the forum. Any nominated nation that is not a member of the forum must join within one week of his or her nomination; if by that time the nominated nation has not joined the forum, his or her nomination shall be considered invalid and terminated.
Amendment 14 - Cl. IV of Art. III, Sec. II is changed to:
The Minister of Foreign Affairs, with the consent or on the direction of the President of the Congress, shall have the authority to appoint individual diplomatic envoys to significant regions. Envoys will be expected to create official puppet nations using the existing uniform DSA format within the regions in which they are appointed if a puppet nation for a particular region is not already in existence; and to become intimately acquainted with the politics of the regions in which they are appointed.
Amendments 15 to 17 - the following is inserted as Cl. VIII to X of Art. II, Sec. II:
Clause VIII. The Minister of Foreign Affairs shall recommend to the cabinet base criteria for acceptance of foreign embassy requests or for pursuit of establishing a DSA embassy in a particular region abroad each term. These criteria shall be approved by a simple majority vote of the cabinet members.
Clause IX. The Minister of Foreign Affairs shall establish new uniform passwords each term for all puppet nations that are in service of the DSA abroad. These passwords shall then be immediately distributed to all other members of the cabinet and diplomatic envoys for the purpose of redundancy should the Minister of Foreign Affairs expire or be removed from office mid-term to prevent disruption of the diplomatic representation of the DSA abroad.
Clause X. The Minister of Foreign Affairs alone shall have the authority to propose establishing trade agreements with interregional partners, as well as abrogating them, or act on another member of congress' behalf to establish or abrogate such agreements; but such proposals may not be executed until brought before the congress to vote for or against them with a simple majority.
Clause IX. The Minister of Foreign Affairs shall establish new uniform passwords each term for all puppet nations that are in service of the DSA abroad. These passwords shall then be immediately distributed to all other members of the cabinet and diplomatic envoys for the purpose of redundancy should the Minister of Foreign Affairs expire or be removed from office mid-term to prevent disruption of the diplomatic representation of the DSA abroad.
Clause X. The Minister of Foreign Affairs alone shall have the authority to propose establishing trade agreements with interregional partners, as well as abrogating them, or act on another member of congress' behalf to establish or abrogate such agreements; but such proposals may not be executed until brought before the congress to vote for or against them with a simple majority.
Amendment 18 - Cl. III of Art. II, Sec. I is changed to:
The Congress may impeach any member of the Cabinet or Supreme Court for good cause by a two-thirds vote of all Charter members in good standing. Articles of impeachment may be presented to the Congress provided that at least five charter members have endorsed said articles of impeachment. The Cabinet member shall be provided an opportunity to contest the articles of impeachment before any vote.
Amendment 19 - the following is inserted as Cl. IV of Art. II, Sec. I:
Following an election where a new WA Delegate has been chosen, and any contests to the respective election results have been resolved, it is strongly recommended that all members of Congress withdraw their endorsements of the previous WA Delegate and endorse the newly-elected WA Delegate within three days of the close of said election or resolution of any respective election contest to expedite the transition from the old Cabinet to the new.
Amendment 20 - the following is inserted as Cl. VIII of Art. III, Sec. I:
All eligible voters shall be allowed to choose between 'FOR', 'AGAINST' or 'ABSTAIN' as voting options when casting their votes in any election or referendum. In the event that there are 2+ candidates running for a position, then one candidate must attain more 'FOR' votes than their opponent(s), as well as more 'FOR' votes than 'AGAINST' votes to be victorious. If all candidates fail to attain enough 'FOR' votes to satisfy both requirements of this clause, then the protocol established in Article III, Section II, Clause VI, shall be used to resolve the cabinet position vacancy unless otherwise stipulated by this Charter. If a proposal up for approval receives fewer 'FOR' votes than 'AGAINST' votes, then that proposal fails unless otherwise stipulated by this Charter.
Amendment 21 - Cl. III of Art. III, Sec. II is changed to:
Every seventy-five (75) days, concurrent with the election of the other Cabinet positions, the Congress shall select a candidate for the position of WA Delegate; the elected candidate nation will assume the office of the President of the Congress with immediate effect. The nation shall be selected from among members of the DSA in good standing, who are also WA members, by the same voting procedure as laid out in Clause III of this section. Once a candidate has been selected, it is to be announced to the region, asking that all members of the DSA who are also WA members endorse the candidate. Endorsement of the President of the Congress for World Assembly Delegate is non-mandatory. In the event of the WA Delegate and the President of the Congress being two separate nations, and that the Delegate has not signed the Charter, it will be requested to do so and shall be subject to all requirements in Article II, Section IV, Clause IV, of this Charter. If the WA Delegate is not a member of the off-site forum it will be requested to register for it, in order for communication between Delegate/President/Cabinet/Congress to work. Should it fail to do so, the Congress may select and announce another President of the Congress to be endorsed as WA Delegate, thus, following the procedure set out above.
Amendment 22 - the following is inserted as Cl. VI of Art. III, Sec. II:
In the event that no candidate is elected for a particular cabinet position, rendering it vacant, any member of Congress may request within three days of the initial election that a special election to fill the vacancy be held, though must provide a nomination for the vacancy at that time as well. If no such election has been requested or nomination made to fill the vacancy within three days of the initial election, the President may either appoint a member of Congress in good standing to the vacant position, take on the duties of the vacant position exclusively in addition to the duties of the President & WA Delegate, or delegate any combination of the duties of the vacant position to the members of the Cabinet to fulfill. In the event that the President chooses to appoint a member of Congress to fill a vacant position, then the Congress may hold a special election on whether or not to allow the appointment within three days of said appointment, in which case, said appointment must receive a simple majority of votes per Article III, Section I, Clause VIII, to stand. If no special election is called by any member of congress within three days of the appointment, then the appointment shall stand for the remaining period of the President's term unless later contested by any member of congress in accordance with the expulsion protocol as prescribed by Article III, Section IV, of this charter before the end of the President's term.
Amendments 23 and 24 - the following is inserted as Cl. IV and V of Art. IV, Sec. II:
Clause IV. Any Charter Nation can issue a 'warrant for trial' against any nation within the DSA on the basis of disruptive behaviour. It is through the discretion of the Minister of Justice and the Supreme Court whether such an issue will be submitted to a trial, by which the guilt and consequence to the accused nation will be determined. Such a trial shall consist of a trial committee of three members of Congress to be assembled by the Minister of Justice and the Supreme Court, and will commit itself to finding the truth behind the claimed behaviour which resulted in the warrant for trial, and determining a punitive consequence if guilt is evident. A trial lasts 48 hours during which the prosecution and the defendant can forward their arguments. A trial may commence 12 hours after the accused nation has been notified of such. Within 24 hours after the trial has ended, the trial committee, through the discretion of the Minister of Justice and the Supreme Court, has to make its verdict public, either in a forum discussion or on the RMB, and announce the verdict to the President and the accused nation directly. If the Minister of Justice and the Supreme Court deliver a guilty verdict and sentence that calls for the expulsion of the accused nation, the President must carry out the sentence promptly following the publicized verdict. In the event that the President wishes to challenge the verdict or sentencing from the Minister of Justice and The Supreme Court against the accused nation, then such challenge must follow protocol as explained in Article III, Section IV, Clause II.
Clause V. Any member of the Congress of the Assembly can issue a 'warrant for immediate expulsion' on the basis of extreme disruptive behaviour against any nation within the DSA and present it to the President of the Congress/WA Delegate who may then immediately expel the disruptive nation on that member of Congress' behalf. Such an expulsion has to be followed by a congressional review of the expulsion. Said congressional review will last 48 hours in which all members of the Congress of the Assembly can cast judgement upon the expulsion. Would such a review conclude by judging the expulsion unjustified, that expulsion will be immediately withdrawn and the expelled nation would be allowed back into the region.
Clause V. Any member of the Congress of the Assembly can issue a 'warrant for immediate expulsion' on the basis of extreme disruptive behaviour against any nation within the DSA and present it to the President of the Congress/WA Delegate who may then immediately expel the disruptive nation on that member of Congress' behalf. Such an expulsion has to be followed by a congressional review of the expulsion. Said congressional review will last 48 hours in which all members of the Congress of the Assembly can cast judgement upon the expulsion. Would such a review conclude by judging the expulsion unjustified, that expulsion will be immediately withdrawn and the expelled nation would be allowed back into the region.
Amendment 25 - Cl. III of Art. IV, Sec. II is changed to:
The Founder or WA Delegate, in their discretion, may immediately expel member nations engaging in disruptive behavior as evidenced by spamming, griefing, posting of overtly obscene content, libel, or defamation of character. It is the collective sentiment of the DSA that immediate expulsion should be reserved for egregious instances of disruptive behavior and that nations should ordinarily receive warnings and an opportunity to conform their conduct for breaches of forum decorum. Such an expulsion has to be followed by a congressional review of the expulsion as described in Article IV, Section II, Clause V.
Amendment 26 - Cl. II of Art. II, Sec. II is changed to:
The Cabinet shall consist of the President of the Congress and World Assembly Delegate, the Secretary-General and all Ministers of the Assembly. The President of the Congress shall chair Cabinet meetings and shall reserve the right to invite the Founder to join the Cabinet in its discussions however in a non-voting, advisory capacity only.
Amendments 27 and 28 - the following is inserted as Cl. IV and V of Art. II, Sec. IV:
Clause IV. The WA Delegate may sponsor or not sponsor any WA proposals brought forward by foreign WA Delegates on the condition that the Congress is made aware of any such proposals brought forward to the WA Delegate for sponsorship. If any members of the congress suspect that such sponsorship of any given proposal is unethical or not otherwise in the interests of the DSA, then that member of Congress may submit a request for investigation to the Supreme Court which may then look into the matter and determine if such suspicions are valid, and if so, what the proper course of action against the WA Delegate will be, if any.
Clause V. The WA Delegate may author and co-author WA proposals on the condition that the Congress is made aware of any such proposals. If any member of the Congress suspects that such a proposal is unethical or not otherwise within the interests of the DSA, then that member of Congress may follow the procedure as prescribed in Clause IV of this section to address such a scenario.
Clause V. The WA Delegate may author and co-author WA proposals on the condition that the Congress is made aware of any such proposals. If any member of the Congress suspects that such a proposal is unethical or not otherwise within the interests of the DSA, then that member of Congress may follow the procedure as prescribed in Clause IV of this section to address such a scenario.