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[Proposal] Repeal & Replace the Constitution of the Empire of Hartfelden
#1
[center]Proposed by: TIH Aav von Hartfelden, Prinz von Hartfelden, Archduke of Rossmark
Written by: TIH Aav von Hartfelden, Prinz von Hartfelden, Archduke of Rossmark

Article I
(i) The Constitution of the Empire of Hartfelden shall be edited to read the following:[/center]
Quote:ARTICLE I - THE KAISER
 
(1) His Imperial Majesty, the Kaiser of Hartfelden, henceforth referred to as the Kaiser, and taking the place of the Imperial Crown, shall serve as the Head of State for Hartfelden, henceforth referred to as the Empire.
(2) The Kaiser may remove any individual from any Office of the Empire, political or otherwise, at any time or for any reason.
(3) The Kaiser shall serve as Commander-in-Chief of all military and intelligence forces of Hartfelden, and no law may supersede this right. The Kaiser may establish, modify, and remove, as well as govern, any military and intelligence forces as he sees fit.
(4) The Kaiser may issue Imperial Decrees, henceforth referred to as Decrees to govern the region from the Throne.
(5) The Kaiser may repeal or modify the Imperial Decrees defined in Article I, Section 4, at his leisure.
(6) The Kaiser shall be responsible for defining requirements for Citizenship that extend beyond those established by law.
(7) The Kaiser shall be responsible for overseeing the processing of Citizenship applications, with the Kanzler responsible for the processing thereof.
(8) All legislation from any legislature that may be established within the Empire must be given Imperial Assent, henceforth referred to as Assent, by the Kaiser before becoming Imperial Law, except for in extenuating circumstances defined in Article V.
(9) The Kaiser may impose Imperial Banishment on any member of the Empire.
(10) The Kaiser may issue an Imperial Pardon on any member of the Empire convicted of a crime by the Imperial Court.
(11) The Kaiser may revoke the Citizenship of any member of the Citizenry via a notice of Imperial Revocation.
(12) The Kaiser shall be responsible for appointing the Kanzler of Hartfelden, upon the advice and consent of the Reichsenat.
(13) The Kaiser shall be responsible for appointing the Richter of Hartfelden.
(14) The Kaiser’s Citizenship is guaranteed, and may not be removed by any law or procedure.
(15) All decisions of the Imperial Crown are exempt from any judicial review.
(16) The Kaiser may establish and govern colonies of Hartfelden as he sees fit.
(17) The Kaiser may grant titles and styles of Nobility to members of Hartfelden as he sees fit, and may revoke these titles at any time.
 
 
ARTICLE II - THE KRONPRINZ
 
(1) The Kaiser may name a successor to the Imperial Crown. This successor shall be titled and styled as His Imperial Highness, the Kronprinz of Hartfelden   
(2) The Kronprinz may be granted powers afforded to the Imperial Crown under Article I and elsewhere in this document, provided that the Kaiser has listed which powers the Kronprinz may and may not exercise. If no such listing of powers is posted, it is assumed that the Kronprinz may exercise no powers other than those defined by law.
 
 
 
ARTICLE III - THE REGIERUNG
 
(1) The Kanzler of Hartfelden, henceforth referred to as the Kanzler, shall serve as the Head of Government for the Empire.
(2) The Kanzler shall be responsible for the day-to-day business of management of the Empire, other than specific responsibilities granted to officials by law.
(3) The extent to which the Kanzler’s governing authority extends is at the discretion of the Imperial Crown.
(4) The Kanzler shall, at the leisure of the Kaiser, direct the executive policy of the Empire.
(5) The Kanzler may create, destroy, and modify Executive Departments at their discretion.
(6) The Kanzler is responsible for determining the composition, including appointment and removal of members, of the Regierung and the titles of members on that Regierung.
(7) The Kanzler is responsible for determining the duties of members of the Regierung.
(8) The Kanzler may propose Treaties to the Reichsenat.
(9) The Kanzler may propose Declarations of War to the Reichsenat.
(10) The Kanzler serves as the chief member of the Regierung, responsible for providing its collective opinion to the Imperial Crown.
 
 
ARTICLE V - THE REICHSENAT
 
(1) The Imperial Reichsenat (The Reichsenat) shall serve as the secondary legislative body of the Empire. Unless otherwise specified, actions taken by the Reichsenat shall require a simple majority of Senators voting to take.
(2) The Reichsenat shall be comprised of five members of the region, appointed by the Kaiser.
(3) The President of the Reichsenat shall be appointed by the Kaiser
(4) Pursuant to Article III, sections (33) and (34), the Reichsenat may approve requests for Treaties and Declarations of War from the Kanzler.
(5) The Reichsenat may remove the Kanzler from office by unanimous vote.
(6) The Reichsenat may remove the Richter from office by unanimous vote.
(7) The Reichsenat may remove an Associate Richter from office by unanimous vote.
(8) The Reichsenat may remove a member of the Regierung from office by a ⅔ majority vote.
(9) All actions of the Reichsenat requiring consent of the Imperial Crown or Imperial Assent will be delivered by the President of the Reichsenat to the Imperial Crown. If the item brought to the Imperial Crown does not receive assent in five days, the Reichsenat may motion and vote to pass the item anyways, with a 2/3 super-majority.
(10) Further procedures for the Reichsenat may be defined by law.
(11) Excepting procedural items and nonbinding resolutions, all bills passed by the Reichsenat shall require the consent of the Reichstag.
(12) Should a bill passed by the Reichsenat require consent of the Imperial Reichstag, as determined by Article V, Section 11, the President of the Reichsenat shall be responsible for posting the passed bill on the Reichstag floor.
 
ARTICLE VI - THE REICHSTAG
 
(1) The Reichstag of Hartfelden, henceforth referred to as the Reichstag or the Assembly, shall be the primary legislative body for Hartfelden.
(2) The Reichstag shall elect a President to preside over the Assembly once every two months.
(3) The President of the Reichstag shall be responsible for the upkeep, maintenance, and opening and closing of votes for the Reichstag.
(4) Excepting procedural items and nonbinding resolutions, all bills passed by the Reichstag shall require the consent of the Reichsenat.
(5) Shall a bill passed by the Reichstag require consent of the Imperial Reichsenat, as determined by Article VI, Section 4, the President of the Reichstag shall be responsible for posting the passed bill on the Reichsenat floor.
(6) For the purposes of the Reichstag, all Citizens will be able to participate in proceedings, however, Senators will not be able to vote if consent of the Reichsenat, as established by Article VI, Section 4 is required. If consent is not required, however, Senators will be eligible to vote. The Kaiser will not be eligible to vote in the Reichstag.
(7) The Reichstag may impeach a Senator with a ¾ majority.
(8) The Reichstag may impeach their President with a ¾ majority.
(9) The President of the Reichstag may appoint a Deputy President to assist with the duties of the President’s Office and to exercise the duties of the President’s Office at the leisure of the President or in the absence of the President.
(10) Should the President of the Reichstag and the Deputy President, if there is one, be absent for more than three days, the Imperial Crown shall become responsible for the procedural duties of the President of the Reichstag on an interim basis.
(11) Unless otherwise specified, actions taken by the Reichstag shall require a simple majority of Citizens voting to take.
(12) Procedures for the Reichstag may be further defined by additional law.
 
 
ARTICLE VII - THE IMPERIAL COURT
 
(1) The Imperial Court of Hartfelden, henceforth referred to as the Imperial Court or the Court, shall be comprised of one Richter and a number of Associate Richters.
(2) The Imperial Court shall possess the sole judicial authority in Hartfelden.
(3) The Court shall preside over all trials in the Empire, criminal and civil.
(4) The number of Associate Richters on the Court shall be determined by declaration of the Kaiser.
(5) Associate Richters of the Court shall be appointed by the Richter on the Reichsenat floor. Such nominations require a ⅔ majority of the Reichsenat to consent
(6) No Richter can also serve as the Kaiser, Kanzler, President of the Reichstag, or President of the Reichsenat while serving as a Richter.
(7) Further procedures for the operation of the Imperial Court may be defined by acts of law.
 
 
ARTICLE VIII - GENERAL RESPONSIBILITIES
 
(1) The Imperial Crown and the Kanzler shall be jointly responsible for maintaining a list of all Citizens, including their forum account and Citizenship nation, which shall be publicly viewable to all members of Hartfelden.
(2) All losses of Citizenship due to provisions established by law must be posted publicly by the Kanzler and Imperial Crown, jointly.
(3) All Offices and positions defined in this piece of law are considered to be automatically vacated in the event that the official in question loses Citizenship, due to provisions established by law.
(4) A prospective citizen of Hartfelden must have a declared nation in the region of Hartfelden or one of its colonies or states to receive Citizenship.
 
 
ARTICLE IX - MODE OF AMENDMENT
 
(1) All amendments to this document initiated in the Reichstag require a 3/4 majority of the Reichstag to pass.
(2) All amendments to this document in the Reichsenat require a 2/3 majority of the Reichsenat to pass.
(3) All amendments to this document require the Assent of the Imperial Crown.
 
 
APPENDIX
 
(1) For the purposes of this document, “Hartfelden” is defined as the on-site NationStates region, as determined by the Imperial Crown, the off-site forums, as determined by the Imperial Crown, and the Discord server, as determined by the Imperial Crown.
[Image: w8sEhEE.png]
Their Imperial Highness, Aav von Hartfelden, Prinz von Hartfelden, and Archduke of Rossmark.


They/Them

[Image: k5g5U0y.png]

His Imperial Majesty, Aurelius I, Emperor of the Ragerian Imperium, High King of Domlar, King of Arin, King of Haggir, King of Don, King of Fola, Grand Duke of Jorn, High Patrician of Kola, Chieftain of the Amir, Warmaster of Alaan, Baselius of Tol, Tsar of Ji, Samrat of Ayn, and Grand High Magistrate of Korrer.
Any posts I make should be taken as posts by any other user unless I use ***RED TEXT***, post as an Administrator, Minister of Foreign Affairs, or as President of the Bundestag. 
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#2
So are we just rebranding other region's constitutions and calling them ours now?
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#3
I'm shocked that you would call this a "rebrand." Mostly because it's a heavily edited version of the TRI constitution that I was originally going to propose there and then decided that since I spent all that time and energy on it, it may as well live on in Hartfelden. So yes, it's a constitution for a form of government that is rather strict and unyielding, but being the staunch Imperialist that I am, I would say that it's a good thing.

So no, we aren't rebranding other region's constitutions, we're using a constitution that I carefully amended, patched, and rewrote for a region that died before I could ever use my work.
[Image: w8sEhEE.png]
Their Imperial Highness, Aav von Hartfelden, Prinz von Hartfelden, and Archduke of Rossmark.


They/Them

[Image: k5g5U0y.png]

His Imperial Majesty, Aurelius I, Emperor of the Ragerian Imperium, High King of Domlar, King of Arin, King of Haggir, King of Don, King of Fola, Grand Duke of Jorn, High Patrician of Kola, Chieftain of the Amir, Warmaster of Alaan, Baselius of Tol, Tsar of Ji, Samrat of Ayn, and Grand High Magistrate of Korrer.
Any posts I make should be taken as posts by any other user unless I use ***RED TEXT***, post as an Administrator, Minister of Foreign Affairs, or as President of the Bundestag. 
Reply
#4
I am working on improving the previously proposed Consitution, but I will divide my attention here too. I apologise for any mistakes I may have made, considering I don't have a fluent understanding of all of Hartfelden, but this is what

There are some general concerns too --> What's the aim for this constitution? I like slightly restrictive constitutions, but only on the fundamentals. Anything that isn't fundamental doesn't need to be defined in a Constitution, as it could change, and shouldn't require the need for Constitutional Amendments to do so.

(10-28-2019, 07:00 PM)Aav Verinhall Wrote: [center]Proposed by: TIH Aav von Hartfelden, Prinz von Hartfelden, Archduke of Rossmark
Written by: TIH Aav von Hartfelden, Prinz von Hartfelden, Archduke of Rossmark

Article I
(i) The Constitution of the Empire of Hartfelden shall be edited to read the following:[/center]
Quote:There's no title here in the Constitution? As it stands, the substantial clause of this amendment will replace the entirety of the current Constitution. And it doesn't appear to include a title, which is a big issue for 1) legal records (I am making the suggestion on the other thread to rename it to reflect how many constitutions there have been), 2) further legal interpretation (if the other laws reference the constitution, this document really needs to be defined as such), and 3), generally defining it as the constitution, which is a necessity.

ARTICLE I - THE KAISER
 
(1) His Imperial Majesty, the Kaiser of Hartfelden, henceforth referred to as the Kaiser, and taking the place of the Imperial Crown, shall serve as the Head of State for Hartfelden, henceforth referred to as the Empire.
Carries no provision for future Kaisers, who may be Kaiserin as I've been told. This would require a constitutional amendment if a future Kaiser passes on to a Kaiserin, which can just be avoided by editing this.

(2) The Kaiser may remove any individual from any Office of the Empire, political or otherwise, at any time or for any reason.
What constitutes an Office? The capitalisation implies legal definition which is partially absent from this draft. There is the term "from office" used, and indeed Article VIII ?(3) makes use of the capitalised Office, but that appears to inform the interpretation that it is contained just to Offices defined by this Act. Just say "official position" instead, I think that'll cover a lot more situations.

(3) The Kaiser shall serve as Commander-in-Chief of all military and intelligence forces of Hartfelden, and no law may supersede this right. The Kaiser may establish, modify, and remove, as well as govern, any military and intelligence forces as he sees fit.
"and no law may supersede this right." I believe the point of a constitution is that it can't be superseded. There should be a supremacy clause anyway, like:

(5) This Constitution is the supreme law of Hartfelden, and any law inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force and effect.


(4) The Kaiser may issue Imperial Decrees, henceforth referred to as Decrees, to govern the region from the Throne Also an undefined term.
(5) The Kaiser may repeal or modify the Imperial Decrees defined in Article I, Section 4, at his leisure.
(6) The Kaiser shall be responsible for defining requirements for Citizenship that extend beyond those established by law.
This one is a whole issue with me. Why would there need to be any requirements that extend beyond law? And responsibility doesn't do much if- well, can the Kaiser be "held" responsible? What can you do to punish for overstepping this?

(7) The Kaiser shall be responsible for overseeing the processing of Citizenship applications, with the Kanzler responsible for the processing thereof.
(8) All legislation from any legislature that may be established within the Empire must be given Imperial Assent, henceforth referred to as Assent, by the Kaiser before becoming Imperial Law, except for in extenuating circumstances defined in Article V.
(9) The Kaiser may impose Imperial Banishment on any member of the Empire.
(10) The Kaiser may issue an Imperial Pardon on any member of the Empire convicted of a crime by the Imperial Court.
(11) The Kaiser may revoke the Citizenship of any member of the Citizenry via a notice of Imperial Revocation.
So many issues here with capitalisation. It implies a proper noun, so it must refer to a legally defined concept. But these aren't legally defined. To what extend is an Imperial Pardon? What does an Imperial Banishment constitute? You get the point

(12) The Kaiser shall be responsible for appointing the Kanzler of Hartfelden, upon the advice and consent of the Reichsenat.
(13) The Kaiser shall be responsible for appointing the Richter of Hartfelden.
(14) The Kaiser’s Citizenship is guaranteed, and may not be removed by any law or procedure.
(15) All decisions of the Imperial Crown are exempt from any judicial review.
Decisions? a little vague, but not too bad. Just a preference

(16) The Kaiser may establish and govern colonies of Hartfelden as he sees fit.
Colonies, in the terms of NS, are probs a little different unto how they actually read. This could be clarified.

(17) The Kaiser may grant titles and styles of Nobility to members of Hartfelden as he sees fit, and may revoke these titles at any time.
 
 
ARTICLE II - THE KRONPRINZ
 
(1) The Kaiser may name a successor to the Imperial Crown. This successor shall be titled and styled as His Imperial Highness, the Kronprinz of Hartfelden   
(2) The Kronprinz may be granted powers afforded to the Imperial Crown under Article I and elsewhere in this document, provided that the Kaiser has listed which powers the Kronprinz may and may not exercise. If no such listing of powers is posted, it is assumed that the Kronprinz may exercise no powers other than those defined by law.
 
 
 
ARTICLE III - THE REGIERUNG
 
(1) The Kanzler of Hartfelden, henceforth referred to as the Kanzler, shall serve as the Head of Government for the Empire.
(2) The Kanzler shall be responsible for the day-to-day business of management of the Empire, other than specific responsibilities granted to officials by law.
(3) The extent to which the Kanzler’s governing authority extends is at the discretion of the Imperial Crown.
(4) The Kanzler shall, at the leisure of the Kaiser, direct the executive policy of the Empire.
(5) The Kanzler may create, destroy, and modify Executive Departments at their discretion.
"Destroy" doesn't carry the right interpretations. "Remove" is better. Also, slightly different track for Executive Departments. It could use some loose definition but if we want flexibility we can keep it like that.

(6) The Kanzler is responsible for determining the composition, including appointment and removal of members, of the Regierung and the titles of members on that Regierung.
(7) The Kanzler is responsible for determining the duties of members of the Regierung.
(8) The Kanzler may propose Treaties to the Reichsenat.
(9) The Kanzler may propose Declarations of War to the Reichsenat.
(10) The Kanzler serves as the chief member of the Regierung, responsible for providing its collective opinion to the Imperial Crown.
 
 
ARTICLE V - THE REICHSENAT
 
(1) The Imperial Reichsenat (The Reichsenat) shall serve as the secondary legislative body of the Empire. Unless otherwise specified, actions taken by the Reichsenat shall require a simple majority of Senators voting to take.
(2) The Reichsenat shall be comprised of five members of the region, styled as Senators, appointed by the Kaiser.
(3) The President of the Reichsenat shall be appointed by the Kaiser
(4) Pursuant to Article III, sections (33) and (34), the Reichsenat may approve requests for Treaties and Declarations of War from the Kanzler.
(5) The Reichsenat may remove the Kanzler from office by unanimous vote.
(6) The Reichsenat may remove the Richter from office by unanimous vote.
(7) The Reichsenat may remove an Associate Richter from office by unanimous vote.
(8) The Reichsenat may remove a member of the Regierung from office by a ⅔ majority vote.
(9) All actions of the Reichsenat requiring the consent of the Imperial Crown or Imperial Assent will be delivered by the President of the Reichsenat to the Imperial Crown. If the item brought to the Imperial Crown does not receive assent in five days, the Reichsenat may motion and vote to pass the item anyways, with a 2/3 super-majority.
(10) Further procedures for the Reichsenat may be defined by law.
(11) Excepting procedural items and nonbinding resolutions, all bills passed by the Reichsenat shall require the consent of the Reichstag.
(12) Should a bill passed by the Reichsenat require consent of the Imperial Reichstag, as determined by Article V, Section 11, the President of the Reichsenat shall be responsible for posting the passed bill on the Reichstag floor.

Very well done section.
 
ARTICLE VI - THE REICHSTAG
 
(1) The Reichstag of Hartfelden, henceforth referred to as the Reichstag or the Assembly, shall be the primary legislative body for Hartfelden.
(2) The Reichstag shall elect a President to preside over the Assembly once every two months.
Same issue as in the prev proposal --> the duration of two months would vary basically every term. Unless you want that micro-weirdness, just saying 60 days is better

(3) The President of the Reichstag shall be responsible for the upkeep, maintenance, and opening and closing of votes for the Reichstag.
(4) Excepting procedural items and nonbinding resolutions, all bills passed by the Reichstag shall require the consent of the Reichsenat.
(5) Shall a bill passed by the Reichstag require consent of the Imperial Reichsenat, as determined by Article VI, Section 4, the President of the Reichstag shall be responsible for posting the passed bill on the Reichsenat floor.
(6) For the purposes of the Reichstag, all Citizens will be able to participate in proceedings, however, Senators will not be able to vote if consent of the Reichsenat, as established by Article VI, Section 4 is required. If consent is not required, however, Senators will be eligible to vote. The Kaiser will not be eligible to vote in the Reichstag.
(7) The Reichstag may impeach a Senator with a ¾ majority.
(8) The Reichstag may impeach their President with a ¾ majority.
(9) The President of the Reichstag may appoint a Deputy President to assist with the duties of the President’s Office and to exercise the duties of the President’s Office at the leisure of the President or in the absence of the President.
What defines "absence" for the President? Not posting for x days? Clarification needed

(10) Should the President of the Reichstag and the Deputy President, if there is one, be absent for more than three days, the Imperial Crown shall become responsible for the procedural duties of the President of the Reichstag on an interim basis.

(11) Unless otherwise specified, actions taken by the Reichstag shall require a simple majority of Citizens voting to take.
(12) Procedures for the Reichstag may be further defined by additional law.
 
 
ARTICLE VII - THE IMPERIAL COURT
 
(1) The Imperial Court of Hartfelden, henceforth referred to as the Imperial Court or the Court, shall be comprised of one Richter and a number of Associate Richters.
(2) The Imperial Court shall possess the sole judicial authority in Hartfelden.
(3) The Court shall preside over all trials in the Empire, criminal and civil.
(4) The number of Associate Richters on the Court shall be determined by declaration of the Kaiser.
(5) Associate Richters of the Court shall be appointed by the Richter on the Reichsenat floor. Such nominations require a ⅔ majority of the Reichsenat to consent to.
(6) For the purposes of privilege of speaking on the Reichsenat floor, consistent with this law and the provisions of Article VII, Section 8 specifically, it is assumed that for the express purpose of appointment of Associate Richters, that the Richter always have invitation to speak on the Reichsenat floor.
(7) No Richter can also serve as the Kaiser, Kanzler, President of the Reichstag, or President of the Reichsenat while serving as a Richter.
(8) Further procedures for the operation of the Imperial Court may be defined by acts of law.
 
 
ARTICLE VIII - GENERAL RESPONSIBILITIES
 
(1) The Imperial Crown and the Kanzler shall be jointly responsible for maintaining a list of all Citizens, including their forum account and Citizenship nation, which shall be publicly viewable to all members of Hartfelden.
(2) All losses of Citizenship due to provisions established by law must be posted publicly by the Kanzler and Imperial Crown, jointly.
(3) All Offices and positions defined in this piece of law are considered to be automatically vacated in the event that the official in question loses Citizenship, due to provisions established by law.
(4) A prospective citizen of Hartfelden must have a declared nation in the region of Hartfelden or one of its colonies or states to receive Citizenship.
 
 
ARTICLE IX - MODE OF AMENDMENT
 
(1) All amendments to this document initiated in the Reichstag require a 3/4 majority of the Reichstag to pass.
(2) All amendments to this document in the Reichsenat require a 2/3 majority of the Reichsenat to pass.
(3) All amendments to this document require the Assent of the Imperial Crown.
 
 
APPENDIX
 
(1) For the purposes of this document, “Hartfelden” is defined as the on-site NationStates region, as determined by the Imperial Crown, the off-site forums, as determined by the Imperial Crown, and the Discord server, as determined by the Imperial Crown.

Did a pretty deep look. Willing to talk about any comments I made
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#5
I don't know whether to put this here or in the other one, but I think these drafts need to be fused. We voted on ideas in a lot of the other one, but (no offence Scott) this one is written much better.

First and foremost I think we need to talk about the Kanzler. Thus far, to my understanding, the Kanzler has essentially acted as a monarch, so long as they have the Kaiser's approval, and it makes sense that this would be in your draft Aav, since we did have an emperor in TRI after all. That said, the recent poll shows that the region wants the head of state to be more like a prime minister, elected by the legislating body. Therefore, should we choose to follow the results of said poll, we would need to largely draw off of Scott's section of the constitution for the Kanzler. If not, Aav's section is nearly perfect, and we should use it basically as it is. It is my personal opinion that we should make the office of Kanzler more democratic, since total monarchy is what I believe led to the unfortunate situation in TRI regarding Vulturret. This would require term limits and the question on who gets to elect the Kanzler. We do need to expand on the powers of the Kanzler and the Regierung a lot, as even I'm fuzzy about the details. Aav's proposal has them essentially as the Speaker of the House, except they have their own little section of government to control and they are chosen by the Kaiser. Also, Aav, I think it's a really bad idea to have what will probably be the bulk of the Kanzler's power determined outside the constitution. I can't even tell what they do in Scott's.

Scott, this next section is directed primarily to you. I know what the poll said about having two houses. Based on your draft, I'm assuming you used my some of my suggestions about how the two house system would work. I was basing my suggestions on the what I knew off the top of my head about the Houses of Lords and Commons in the UK. However, after conducting research, it turns out that the House of Lords is entered by either heredity (which I strongly suggest we not do) or appointment by the queen, who in this scenario would be the Kaiser. The system was designed in the 1600's to keep a power balance between Parliament and the King/Queen. Having a two house system in which one house elects the other does not serve that function, and when you think about it, it doesn't serve any other function either. Should we keep two houses, one would have to be chosen by the Kaiser, and in that scenario, I suggest we keep all checks and balances that you proposed. But if not, we only need one house.

The Court, I believe, is the most important to define. Fundamentally, a Richter cannot be appointed or dismissed by the Kaiser if we are to have the Kaiser be beholden to anyone at all, including the people of Hartfelden. This would be the point where I disagree with both drafts, and where everyone probably disagrees with me. I detailed my explanation as to why in the paragraph for the Kaiser.  Also, the Richter needs to have a term limit, but it must be longer than that of a senator from either house (if we are doing that), because otherwise the Richter would have to follow the whims of the house(s). I suggest that they be elected by the (lower) house, but only once every two or three  house terms. This would offer stability in the court, since it is, in essence, a check on the other members of government.

You may have noticed that the Kaiser would have less power than before, since neither the Kanzler nor the Richter answer to them. Should we implement the two party system, with one being selected by Kaiser, this would not be much of an issue. I do believe that the Kaiser should be kept out of the court as much as possible, since the court is the only real check to the Kaiser's power, and the only thing stopping the Kaiser from, say, repeatedly dissolving the house(s) until they get what they want, ignoring the court, or other flagrant violations to the constitution. Also, I propose that we change the Kaiser being able to pardon or mitigate punishments (which is in both of your drafts, by the way) to say, "The Kaiser shall have the right and ability to pardon and mitigate all punishments except those imposed on the Kaiser him/herself." Even with the significant downgrade in the Kaiser's power, they still have full power over external affairs. If we need the Kaiser to have more power, I propose that we have the Kaiser choose councilors that the Kanzler is recommended, but not obligated, to listen to.

I have left out a ton of things, like specific powers, since I was primarily trying to hit the main points of government. Those will, of course, need to be explicated further in the final constitution. Aav, I know I drew from Scott's more, but that's because I had more input in it, and also because I agree with the way the poll turned out, and that forms the basis of Scott's constitution. When we actually write the final draft, I nominate you to do it. If this post is incoherent, I'm sorry. I have been known to go off on tangents when I write too much without proofreading. If you want me to clarify anything (or everything), I'd be happy to do so, although preferably on Discord. Also, sorry for the block of text, but I don't think I can do a tl;dr in this case.
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#6
Quote:Scott, this next section is directed primarily to you. I know what the poll said about having two houses. Based on your draft, I'm assuming you used my some of my suggestions about how the two house system would work. I was basing my suggestions on the what I knew off the top of my head about the Houses of Lords and Commons in the UK. However, after conducting research, it turns out that the House of Lords is entered by either heredity (which I strongly suggest we not do) or appointment by the queen, who in this scenario would be the Kaiser. The system was designed in the 1600's to keep a power balance between Parliament and the King/Queen. Having a two house system in which one house elects the other does not serve that function, and when you think about it, it doesn't serve any other function either. Should we keep two houses, one would have to be chosen by the Kaiser, and in that scenario, I suggest we keep all checks and balances that you proposed. But if not, we only need one house.

I will reply to this paragraph for now.

I based the Houses in my draft off of what I have seen/done in NS before as well as slightly off of the Bundesrat and Bundestag of irl Germany. In Germany the Bundesrat is from the states and the Bundestag is setup from the people (to vastly oversimplify). So I thought that we simple go down one rung in the ladder. We define the Reichstag as having membership of all Citizens (though allowing Court Orders to remove that, can be used as punishment). This allows us to have the citizens be the lower house (Reichstag iirc roughly translates to Imperial Diet. The German Empire's Legislature). Then I added in a house which I have only seen in German RPs before, the Reichssenat. I decided that since people had said they wanted elections for both Legislature and the Executive that we have the Reichstag vote for the Reichssenat (Means Imperial Senate). While I did - and do - appreciate your comments and ideas I only partly based my legislative draft on your ideas.
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#7
That's the thing though, isn't it? It's not really executive if the people vote for it. It's basically just people voting for another house, which will be filled with the same people that used to be in the lower , which will have the power to block the first house even though they have no reason to because they literally are supposed to veto bills by the house that put them there. It's the same reason I said you shouldn't have the Kaiser outright pick the Richter. No matter where it came from, I don't think it makes much sense. If the kaiser actually picked the upper house, then it would be executive, but then the people wouldn't be voting for it. We can't have it both ways.
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