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DispatchFactbookLegislation

by The Elder Chronicler of Miencraft. . 11 reads.

Clarification of Powers

Article I
Clarification of Powers

Section I
Subsection I
The Senate has authority to create all laws within the boundaries of this Constitution; and to negotiate treaties or any other foreign agreement except for construction of Embassies; and to declare war and peace.

Subsection II
The Senate, if it chooses to declare war, must name a specific target region, or group of regions to be the target of the war.

Subsection III
The Senate may pass any and all bills and motions to:
Declare and end war, by 4/5 vote;
Enter into and exit from treaties or other foreign agreements, except for Embassies, by 4/5 vote;
Place limits on immigration and alter policy relevant to citizenship, by 3/5 vote;
Overturn Judicial decisions, by 5/5 vote;
Override Presidential veto of a Senate bill, by 4/5 vote;
Approve Presidential cabinet nominations, nominations of temporary cabinet replacements, and any other Executive bureaucratic office nominations, by 3/5 vote;
Alter or repeal existing laws, by 3/5 vote;
Place restrictions on the powers of the Executive and Judicial branches, beyond the limits imposed by this Constitution, by 3/5 vote;
Draw Articles of Impeachment against the President, on the charge of Treason, Abuse of Power, or Contempt, in a case to go before the Justice and jury, by 4/5 vote;
Promote and protect the culture of Libertatem, by 3/5 vote;
Create and distribute honorary titles and other honors or awards, by 3/5 vote;
Define, and alter the definitions of, criminal offenses, by 3/5 vote;

Subsection IV
In extreme cases, the Senate may, by unanimous vote, declare a state of Regional Crisis. During this state, the President - or another nation chosen by the Senate if the crisis is the result of a President being elected through voter fraud - has every power available to the Founder and the right to trial by jury is suspended. The Senate may declare an end to a state of Regional Crisis by simple majority vote. If the Founder ceases to exist, the region automatically enters into a Crisis state, and in this situation the President or a puppet of the President must become World Assembly Delegate.

Subsection V
Any legislation outside the realm of the Senate’s powers may only pass through the Senate as a Constitutional Amendment.

Subsection VI
The Speaker of the Senate shall maintain a public record of all votes on all matters to come before the Senate.

Section II
Subsection I
The Executive office has all powers necessary to maintain and operate the Military; create and destroy Embassies; begin and end diplomatic missions; distribute Citizenship and create all policies relevant thereto, within the boundaries of the Law; and to enforce the Law.

Subsection II
The President is not obligated to fill any Cabinet office, except for the position of Attorney General. The powers and duties of any empty Cabinet offices are held by the President. The office of Attorney General must be filled at all times.

Subsection III
An Executive Order is regarded the same as a Law passed by the Senate, and is bound by the same limitations, with the exception of a Presidential Pardon. A Pardon may be issued to any person suspected, but not convicted, of a crime to grant them immunity in that case only. Any other Executive Order may not be used for any Senate action requiring 4/5 or unanimous support.

Subsection IV
The Executive office, and the commanding officers of the Military serving as part of it, may launch individual military operations without a Senate declaration of war, so long as several military operations launched in this way are not against the same target, or targets that are known to be part of the same organization. Defensive operations are not bound by this limitation and may be launched freely without Senate permission.

Subsection V
The Chancellor of War, or the President, may initiate and terminate covert espionage operations at any time without approval from the Senate, according to the same rules as individual military operations.

Section III
Subsection I
The Regional Justice has the authority to apply the law as written to cases before him, to render judgment accordingly, and to enforce Judicial decisions.

Subsection II
The Department of Justice may, at any time, launch an investigation into any person suspected of a crime. The Regional Justice is not allowed to demand evidence from an investigation, but has the right to know if any evidence has been collected. The Regional Justice can terminate an investigation at any time.

Subsection III
The Regional Justice may appoint investigators, or may use the Attorney General as an investigator. Any investigator may launch an investigation without being ordered to do so - they must inform the Regional Justice that an investigation has been launched, and the Regional Justice may still demand status updates regarding these investigations and can terminate them as normal.

Subsection IV
The powers granted to Regional Justice to enforce Judicial decisions are as follows:

*Item I*
The ability to levy harsher punishments for cases that have already been decided

*Item II*
The ability to issue Court Orders, which may be used to:
Demand that any organization or person hand over any information that may be relevant. The Justice must specify what information is to be handed over and how it is relevant.
Demand that an organization or person cease and desist from an action that impedes an investigation or proper enforcement of punishment.
Remove an investigator, juror, or lawyer if a conflict of interest may arise and they refuse to recuse themselves.

Section IV
Subsection I
No person shall be compelled in any case before the Regional Justice to be a witness against himself.

Subsection II
The Attorney General and Solicitor General shall not be compelled to serve as representation in any case where their service would present a conflict of interest.

Subsection III
Material that would otherwise be considered classified may be presented in Court as evidence, but only if:
*All codenames and identities, except the identity of the subject of interest, are masked
*Any other material deemed sensitive is masked
This masking shall be carried out by any person, with proper clearance to view the unedited version of this material, who is not a party to litigation.

Article II
Alterations to Improve Clarity

Section I
Amendment IV, Section V, Subsection 1, shall be altered to read:
“All Cabinet appointments, and any appointments of temporary replacements for Cabinet members, shall be subject to a confirmation vote by the Senate.”
The third subsection of the same shall be altered to read:
“If rejected, the President may send a new nominee for confirmation or may leave the office empty.”

Section II
Article III, Section V, shall be altered to read:
“Judicial decisions may be appealed to or overturned by the Senate, in cases where the Senate or an incumbent Senator is not party to the litigation. All Senators must vote in favor to overturn a decision.
In cases where a convicted person is not allowed to appeal, the Senate may overturn the decision anyways, but the convicted person may not request that the Senate begin voting on this matter.”

Section III
Amendment I, Section II, Subsection V, shall be altered to read:
“The Regional Justice shall have the authority to enforce the decisions of the court in all instances.”

Section IV
Article II, Section VIII shall have the following added:
“Cabinet members shall take office immediately upon being confirmed.”

Section V
Article II, Section VI shall be altered to read:
“The Chancellor of the Interior shall administer citizenship and oversee domestic policy, and shall have authority over the process by which citizenship is obtained, within boundaries set by the Senate.”

Section VI
Article V, Section III shall have the following added:
“If the special election occurs up to seven days before the start of normal Senate elections, that special election will count as the regular election for that seat.”

Section VII
Amendment II, Section II, Subsection I, shall be altered to read:
“The Regional Justice shall be nominated by the President and approved by 3/5 of the Senate to serve a term of 12 months starting on the date of his confirmation.”

Subsection IV of the same shall be altered to read:
“The Regional Justice may be serve as an ex officio member of the Senate and Cabinet. This status gives the Justice access to any private meetings of the Senate, Cabinet, or any other Executive office, to ensure the law is followed, and gives him clearance to see any classified information discussed in such meetings. The Justice has no official role or voice in any of these proceedings beyond what a private citizen would have.”

Section VIII
If any part of this Amendment conflicts with any other part of the Constitution, the part with which it conflicts shall be altered or removed to match this Amendment.

Article III
Restriction of Powers

The powers not granted by this Constitution to the Second Republic, nor prohibited by it to the people, are reserved by the people.

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