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UL-005 First Amendment to the Constitution


THE UNION OF DEMOCRATIC STATES
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A Motion
To amend the constitution

Introduced into the Senate of the Union on the 7th of June, 2020, by The Noble Thatcherites and Glaciosia, as follows:


RECOGNIZING the need to clarify and organize the legislative process;

BELIEVING that clarified procedure will ensure the smooth and unambiguous passage of motions;

REALIZING that a distinction should be drawn and defined between internal and external motions;

ACKNOWLEDGING the benefit of a coherent and formalized motion system;

UNDERSTANDING the necessity of minor clarifications to the constitution;

CONVINCED that thoughtfully amending the Constitution necessarily from time to time only serves to strengthen the legal foundation of the Union;

HEREBY amends the Constitution.

Section 1: Provisions

  1. Article 3 Section 2 Clause 5 shall be amended to state: “For reasons not criminal in nature, a motion to remove the President may be introduced in the Senate. Following an appropriate debate period, the Senate shall hold a four-fifths vote of approval. If approved by the Senate, the motion shall be delivered to the General Assembly for consideration. Following an appropriate debate period, the General Assembly shall hold a three-fourths vote of approval. Upon approval from both houses, the motion to remove the President shall be in effect.”

  2. Article 3 Section 2 Clause 6 shall be amended to state: “If the office of the President becomes vacant, the Vice President shall succeed the President. Anyone assuming the Presidency outside a Presidential election shall be subject to a confirmation motion by the Senate. Should the Senate fail to confirm the President, a special Presidential election shall be conducted forthwith.”

  3. Article 3 Section 2 Clause 8 shall be amended to state: “The President may nominate potential Ministers to the Senate.”

  4. Article 4 Section 1 Clause 2 shall be amended to state: “Each house may determine the rules of its proceedings and may, by a procedural motion passed by a two thirds majority, discipline or expel a member for violating these rules.”

  5. Article 4 Section 1 Clause 4 shall be amended to state: “The legislature shall be in session between the first day of February, April, June, August, October, and December, and the third to last day of January, March, May, July, September, and November”

  6. A section entitled “Motions” shall be inserted following section 1. Subsequent sections shall be re-numbered accordingly.

  7. The following clauses shall be inserted into the section “Motions:”

    1. A motion is an instrument of the legislature or of a house thereof which requires, at minimum, a majority vote to exercise authority.

    2. An internal motion is a motion which affects solely, or is limited to the proceedings or role of one house.

    3. A resolution is an internal motion which governs the procedures of the house and amends or repeals the same.

    4. A procedural motion is an internal motion, provided by a statute or resolution, that can enact a specific effect related to a matter of procedure including discipline.

    5. A confirmation motion is an internal motion exercised exclusively by the Senate, except in the case of a motion to confirm a Chancellor, which confirms a nominee for a public office, following nomination except in the cases of Presidential succession and Justice re-confirmation.

    6. An external motion is a motion which enacts, amends, or repeals a statute or this document, ratifies agreements between the Union and another party, or exercises the authority of the Legislature as a whole.

    7. A bill is an external motion which enacts, amends, or repeals a statute or this document, or ratifies agreements between the Union and another party.

    8. A removal motion is an external motion to remove the President for reasons not criminal in nature or a Chancellor for reasons criminal in nature

  8. Article 4 Section 2 Clause 5 shall be amended to state: “Confirmation motions shall be preceded by a hearing of the nominee by the Senate.”

  9. Article 4 Section 4 Clause 1 shall be amended to state: “Following introduction, a bill shall be granted an appropriate debate period, during which amendments may be made. Upon the conclusion of the debate period, the bill shall be subject to a majority vote of approval. If approved, the bill shall be delivered to the opposite house.”

  10. Article 4 Section 4 Clause 2 shall be amended to state: “Upon delivery to the opposite house, a bill shall be granted an appropriate debate period, during which amendments may be made. Should the opposite house be the General Assembly, a two-thirds majority shall be required to approve amendments to the bill. Upon the conclusion of the debate period, the bill shall be subject to a majority vote of approval. If approved with amendments, the bill shall be returned to the house of origin. If approved without amendments, the bill shall be delivered to the President for their consideration.”

  11. Article 4 Section 4 Clause 3 shall be amended to state: “Upon return to the house of origin, a bill shall be granted an appropriate debate period. Upon the conclusion of the debate period, the bill shall be subject to a majority vote of approval. If approved, the bill shall be delivered to the President for their consideration.”

  12. Article 4 Section 4 Clause 4 shall be amended to state: “Upon approval from both houses, a bill shall be presented to the President by the presiding officer of the House which finally approves the bill. If the President approves the bill they shall sign it into law. If the President does not approve the bill they shall veto the bill stating their objections. If the President has neither signed nor vetoed the bill within 5 days following its presentation, it shall become law. Should the legislative session end whilst the President is considering a bill, the bill shall be considered vetoed.”

  13. Article 4 Section 4 Clause 5 shall be amended to state: “Should a Senator choose to contest a veto of the President, a vetoed bill shall be granted an appropriate debate period, during which both the billand the President’s objections shall be reviewed. Upon the conclusion of the debate period, the bill shall be subject to a four-fifths vote of approval. If approved, the bill shall be delivered to the General Assembly.”

  14. Article 4 Section 4 Clause 6 shall be amended to state: “Upon delivery to the General Assembly, a vetoed bill shall be granted an appropriate debate period, during which both the bill and the President’s objections shall be reviewed. Upon conclusion of the debate period, the bill shall be subject to a two-thirds vote of approval. If approved, the veto of the President shall be considered overturned and the bill shall be law.”

  15. Article 5 Clause 2 shall be amended to state: “The Supreme Court is composed of three Justices who are nominated by the President and confirmed by way of confirmation motion by the Senate. Justices shall be subject to re-confirmation by way of confirmation motions at the end of the months of April, August, and December.”

  16. Article 6 Clause 4 shall be amended to state: “Upon conviction by the Supreme Court, a motion to remove a Chancellor may be introduced in the Senate. Following an appropriate debate period, the Senate shall hold a four-fifths majority vote of approval. If approved by the Senate, the motion shall be delivered to the General Assembly for consideration. Following an appropriate debate period, the General Assembly shall hold a three-fourths majority vote of approval. Upon approval from both houses, a motion to remove a Chancellor shall be in effect.”

  17. Article 6 Clause 5 shall be amended to state: “Should a seat in the Office of the Chancellor become vacant, the remaining Chancellor shall nominate a replacement to the Senate. After an appropriate debate period, the confirmation motion shall then be subject to a four-fifths majority vote of the Senate. If approved by the Senate, the confirmation motion shall then be subject to a three-fourths majority vote of the General Assembly, following an appropriate debate period. Upon approval from both the Senate and the General Assembly, a confirmation motion shall then be subject to a majority vote of approval by the Supreme Court, following an appropriate debate period. Following confirmation, a Chancellor shall be sworn in by the most senior Justice available.”

  18. Article 7 Section 2 Clause 1 shall be amended to state: “Following introduction in the Senate, a motion to amend or repeal this document or repeal a motion to amend this document shall follow the legislative process, requiring four-fifths majority approval of the Senate and three-fourths majority approval of the General Assembly.”

  19. Article 7 Section 4 Clause 1 shall be amended to state: “The administrative team exists outside the bounds of regional law and is not to be limited by the same in fulfilling their administrative duties.”



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