As the United States hurtles towards ruin, I took the time to write a constitution for the “Commonwealth of New England.” Comments welcome.
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Provisions of a Constitution for the Proposed Commonwealth of New England
Original Document by
Shawn M. Lynch, Ph.D.
Sixth Draft
18 June 2013
Preamble
We the citizens of the Commonwealth of New England, in order to form a modern, dynamic and progressive nation, do establish this Constitution as the basic law of the union. The citizens of the Commonwealth of New England each possess the natural rights of humankind to life and personal liberty, along with the responsibilities as members of a community. The Commonwealth of New England is a voluntary union of several states, bound together in a federal union, with which they share responsibility for the protection, peace, and prosperity of all citizens.
Article I: The Liberties of the People.
Section 1.
A citizen of the Commonwealth of New England and its territories is defined as any person born in any state or territory of the Commonwealth of New England, or born in a state or territory of the United States before the adoption of this constitution.
Citizenship may be granted to those not born in the Commonwealth of New England under conditions imposed by the Senate. Such citizens are not eligible to serve as President of the Commonwealth. Citizenship may be revoked for any citizen convicted of treason, torture, or serial rape or murder, or by voluntary renunciation.
Naturalized citizens may maintain dual citizenship with their birth nation.
The people are the repository of all political authority in and the sovereignty of the Commonwealth.
Section 2.
All citizens of the Commonwealth of New England are equal under the law, and no citizen may be deprived of their rights based solely on race, color, creed, age, national origin, socio-economic status, gender, or sexual orientation (in matters concerning consenting human adults).
All persons with equivalent skills and experience shall receive an equal base salary or wage for equal work.
The federal government and the state governments shall ensure that all citizens of the Commonwealth who have attained the age of eighteen have the right to participate in free, fair and transparent elections in both state and federal elections without regard to race, color, creed, age eighteen years and above, national origin, socio-economic status, gender, or sexual preference (in matters concerning consenting human adults).
No law or constitutional amendment may alter or abolish the rights of citizens to exercise a vote except as outlined herein, or restrict the rights of individuals to form political associations, unless such associations advocate or participate in violence against any individual or group, or engage in treasonable acts as defined by this constitution, or engage in other criminal behavior.
The people may amend this constitution though referendum.
Two-thirds of state legislatures may amend this constitution with the approval of the Senate.
Parliament may propose constitutional amendments on a vote of two-thirds of the members of each house and with the approval of two-thirds of the state legislatures or the whole people through referendum.
Neither the federal nor any state government may impose a poll tax of any kind for any election. The states or the federal government must provide each eligible voter with a voter identification card free of charge. The states must provide a voter education course on the operation of the federal and state constitutions for newly registered voters, and any interested voter. The federal portion of said education course must be the same in all states.
Section 3.
The citizens of the Commonwealth may call for a constitutional convention, empowered to alter or replace this constitution, by achieving a majority of votes in two-thirds of the states in a national referendum.
The members of the Parliament may call for a constitutional convention by a vote of two-thirds of the members of each house and with the approval of the President.
Section 4.
The right of citizens of the Commonwealth to petition the Parliament or the President of the Commonwealth for a redress of grievances shall not be abridged.
The right of the citizens of the Commonwealth to introduce, debate, and vote on referenda on national or internal issues shall not be abridged.
The citizens of the Commonwealth may recall from office through referendum the President of the Commonwealth, individual members of Parliament, or void any Supreme Court decision or legislation approved by Parliament and signed by the President. Such a referendum must be endorsed by a majority of voters in two-thirds of the states to take effect, or by a vote of two-thirds of the members of a constituency in the case of the removal of an individual member of the Parliament.
The citizens of the Commonwealth may dissolve the Parliament as a whole, or either house individually, in preparation for a new election, through referendum. Such a referendum must be endorsed by a majority of voters in two-thirds of the states to take effect.
A conference of state legislatures shall convene and decide on a formula for the introduction of all state and federal referenda, so that each state follows the same formula.
Section 5.
The national election agency is responsible for conducting all federal elections, and shall judge and certify the results of all federal elections, including federal referendums. Such results are subject to review and correction to conform to the actual results by the Supreme Court on petition of an interested party.
The conduct of elections on referendums concerning a single state is the responsibility of that state, including the judgment and certification of the results. Such results are subject to review and correction to conform to the actual results by the national election agency, or the Supreme Court of the Commonwealth. All states must use the same formula for such elections.
Section 6.
No individual or any agency of any local, state or federal government may deprive any citizen of freedom of speech, of religion, or of assembly.
Freedom of speech is defined as the right of an individual to express an opinion or belief on any matter whatever in public or private, unless the public expression of that opinion or belief will cause direct and immediate physical harm to any individual or group, or is in written, visual, or digital form and known to that individual to be demonstrably false and intended to harm or bring into disrepute, or causes harm or disrepute unduly, any person.
The right of citizens aged eighteen and above to express their personal political beliefs through the casting of a vote shall not be impeded, interfered with, or abridged.
No individual or any agency of any local, state or federal government may engage in prior restraint, excepting matters vital to national security, as defined by the Senate with the concurrence of the President.
Freedom of religion is defined as the right of any individual to worship a deity or deities, or practice religious rites, unless physical or psychological harm is caused to any person or persons in the practice of such worship or rites.
All persons retain the right to refrain from religious worship and to keep their own conscience. No person may be compelled to observe, or compelled not to observe, any religious rite that conforms to the provisions previously outlined, by any individual, organization, or agency of government.
Neither Parliament nor any state legislature may enact legislation establishing a religion, nor compelling the participation of the public in specific rites reasonably considered religious.
The state and any church must always be separate.
Freedom of assembly is defined as the right of individuals to associate with others of their choosing for any reason, unless such an association will cause direct and immediate physical harm to any individual or group, or is engaged in criminal activity. Private, voluntary organizations that receive no income, funding, or subsidy from any local, state, or federal government agency or charitable organization, and that pay no federal and state taxes, may include or exclude members as they see fit.
No organization or association which receives any income, funding or subsidy from any local, state, or federal government agency or charitable organization, or that pays federal or state taxes, may discriminate in membership or services or in any matter, solely with regards to race, creed, color, age, gender or sexual orientation (in matters concerning consenting human adults), unless such policy provides reasonable protection to the health and safety of its members.
Section 7.
The citizens of the Commonwealth of New England are responsible for their persons and property, as well as the maintenance of good order in their community by respecting the right of the others to be secure in their persons and property.
It is the responsibility of the citizens of the Commonwealth of New England to work for the betterment of themselves and of society as a whole, and as such it is the responsibility of the citizens to ensure a free and quality public education system.
The right of the people to be secure in their persons and property, against unreasonable searches and seizures, shall not be abridged. All warrants shall require probable cause, supported by oath or affirmation, and must describe the specific place to be searched, and the persons or things to be seized.
The citizens of the Commonwealth of New England retain the right to personal privacy.
No person, organization, or agency of government may compel a citizen to undergo, or compel to refuse, any medical treatment or procedure deemed necessary or expedient by medical personnel.
A woman retains the right to terminate a pregnancy in the first trimester; or in the second or third trimesters, if such pregnancy shall unduly threaten the life, the health or well being of the mother; or due to malformation or in vitro death of the fetus; or is the result of rape or incest.
Those citizens who undergo gender reassignment surgery shall be issued new identification reflecting the change in gender.
No person, organization, or agency of government may discriminate against any person who has undergone gender reassignment solely based on that reason.
Section 8.
Marriage is defined as a union of two humans aged eighteen years and older, not related by blood ties closer than that of first cousin, recognized by local, state, and federal governments, by issuance of a marriage license by a local authority. In matters of marriage, federal constitutional provisions shall have precedence over existing state law.
Marriage confers no special rights or privileges on any individual excepting in cases of custody of minor children, power of attorney, joint ownership of property, and inheritance.
The right of an individual to enter into marriage with one other individual shall not be impeded on account of race, creed, color, gender, age eighteen or higher, or sexual orientation (in matters concerning consenting human adults).
No person may be married to more than one person concurrently.
All citizens have the right to dissolve a marriage in the manner provided for in state law.
No person, organization, or agency of government may compel a citizen to enter into a marriage, or prevent, or dissolve a marriage, without the consent of that citizen, unless said marriage violates constitutional conditions.
Section 9.
Citizens of legal age possess the right to keep and bear arms. The House retains the ability to impose reasonable limitations on the sale and possession of firearms and other explosive devices that best protect the public security.
Section 10.
No Soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Section 11.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the New England Guard, when in actual service in time of war or public danger.
No person shall be tried twice for the same offense.
No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.
Section 12.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Section 13.
In Suits at common law, where the value in controversy shall exceed the equivalent of one thousand United States dollars at the time of the adoption of this constitution, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Section 14.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted by any local, state, or federal agent, agency, officer or department.
Practices defined by international agreement as torture are prohibited.
Section 15.
Private property may not be taken for public use, without due process of law and just compensation.
Section 16.
All citizens shall, on attaining the age of eighteen years, and before attaining the age of twenty-five years, spend one year of paid service to the nation in either the armed forces or other government agencies or organizations established or recognized by the Parliament and the national service agency, excepting those persons granted a waiver from the national service agency due to physical or mental disability or other inability to provide such service, as defined by federal statute.
The Senate may suspend this provision for up to ten years immediately following the enactment of this constitution if deemed in the best interest of the nation.
Any citizen who had passed the age of twenty-five at the time of the adoption of this constitution may volunteer a year or more of paid or unpaid service under conditions established by the Senate.
Section 17.
No citizen convicted of any crime shall face the death penalty, excepting in cases of treason, serial murder, serial rape or sexual assault, or torture of one or more individuals.
No citizen below of the age of eighteen may face the death penalty.
No citizen below the age of eighteen may be tried for any crime as an adult, excepting under extraordinary circumstances and only if such designation shall be expedient to the public good.
The Senate may vote to strip of citizenship and expel any citizen on conviction of treason, serial murder, serial rape or sexual assault, or torture of one or more individuals. Such a decree requires the consent of the President of the Commonwealth. A person so expelled may seek redress in a federal court.
Section 18.
The right of the people to form labor and professional unions, or to collectively bargain, shall not be abridged. The House may set a threshold number of employees for small businesses, but said threshold may not exceed fifty employees. Members of the armed forces may form unions with restrictions imposed by the Senate to protect legitimate national security needs.
The national minimum wage must be equal to a properly-designated living wage agreed upon by a commission of respected economists created by the House of Representatives.
The House shall encourage in proper ways the creation of employee-owned corporations and the formation of labor and professional unions.
Section 19.
Terminally ill citizens may make use of physician-assisted suicide, on the recommendation of two physicians. An immediate relative of said patient may seek a review in a state court. The court may seek the advice of other physicians, and may prevent said physician-assisted suicide if in the best interest of the patient.
No person may be euthanized against their will, or against the will of their legal guardian or proxy.
Section 20.
Voting is compulsory in all federal elections for all citizens aged eighteen and older.
The House shall designate a reasonable fine imposed on a voter for failure to vote in a federal election, with necessary exceptions.
All ballots for federal office shall include a “none of the above” option. A conference of the state legislatures shall determine the process necessitated by a victory of the “none of the above” option for elections concerning the House of Representatives and the Senate. All states must adopt the same mechanism.
It is the responsibility of the appropriate agencies of government to ensure that all citizens eligible to vote are able to do so in a timely, safe, and secure manner. It is the responsibility of the appropriate state and federal agencies to ensure that all votes are counted, and that all vote counts are fair and accurate. Any person convicted of tampering with the results of a local, state, or federal election with the intent to influence or change the outcome of said election shall have their citizenship stripped by act of the House of Representatives.
Section 21.
All citizens of New England have the right to a quality education through the college or professional level. Said educational institutions must be equally and fairly funded by both the state and federal governments.
All citizens of New England have the right to quality medical care through publically subsidized health insurance or other constitutional means.
All citizens of New England have the right of free access to the internet and other forms of information. This does not include any material deemed as child sexual abuse, nor matters vital to national security as defined by the House and approved by the Senate. All government agents and agencies must conduct their offices in a transparent and open manner, except in the case of legitimate national security issues. Citizens may petition the Supreme Court to review such information and judge the validity of the secrecy.
Section 22.
Any person convicted of a felony is ineligible to hold office until ten years after the expiration of any term of punishment.
Any person convicted of bribery, treason, murder, or other crimes or misdemeanors while holding elective or appointive office is ineligible to hold any elected or appointed office. Said person must repay to the state or federal treasury all sums paid in salary during their tenure in office. The House of Representatives may strip said person of citizenship on conviction.
Section 23.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Section 24.
The powers not delegated to the Commonwealth of New England by this Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Section 25.
The right of the people to alter or abolish this or any constitutional order, or to oppose the tyranny of an individual or group, or to abolish such tyranny, shall not be abridged.
Article II. The Legislative Branch.
Preamble
The government of the Commonwealth of New England shall operate under the Westminster Parliamentary System, as modified by this constitution. The role of the House of Representatives is to legislate for and govern the nation, at the direction of the Prime Minister, as head of government, and the cabinet. The role of the Senate is government oversight and approval of presidential appointments to the federal Supreme Court and other agencies. The President shall serve as head of state in a non-partisan fashion, and appoint experts in various fields to all appointments, in an effort to remove politics from administration.
All elected officials are responsible to their constituents and are their servants. As stewards of the nation, it is the responsibility of all elected and appointed officials to protect the nation and its citizens, govern in the best interests of all citizens, manage the affairs of state utilizing reason, rationality, and compassion, and to generally improve the nation and the lives of its citizens during their tenure in office.
As the survival of liberty depends upon an informed and active citizenry, it is the responsibility of the citizens of the Commonwealth to hold their elected officials to account, to take all the duties of the voter seriously, and to vote.
Parliament shall encourage and facilitate, through appropriate means, voter education and participation.
Section 1.
The government of the Commonwealth of New England shall operate under the Westminster Parliamentary System, as modified by this constitution.
Section 2.
Federal legislative power is vested in the Parliament of New England. The Parliament consists of two houses: the lower house, the House of Representatives; and the upper house, the Senate.
Legislation must receive the endorsement of a majority of the House of Representatives and the signature of the President of the Commonwealth to be duly enacted.
The Senate may suspend duly enacted legislation for up to two years or until an election intervenes, not including the budget. Suspended legislation shall expire upon the dissolution of the House. It may be re-introduced without prejudice at subsequent sessions of the House.
The budget must be approved by a majority of both houses of Parliament.
Three successive failures to approve a budget in a single fiscal year shall trigger an automatic dissolution of both Houses and a new election six weeks from dissolution. Those elected shall complete the unexpired term of their predecessor.
The President may veto legislation only if said legislation violates the constitution, contradicts a ruling of the Supreme Court, or will bring real and immediate harm to any individual or group without due process of law.
The Senate shall confirm or deny a veto.
All legislation enacted by the House shall expire 60 years after passage. The time of expiration for individual legislation may be shortened but not lengthened if deemed in the public good.
The Supreme Court holds the power of review over all federal legislation.
Section 3.
The members of the House of Representatives shall choose from among their members a Speaker of the House to act as presiding officer. The Speaker shall act as non-partisan. The Speaker shall oversee the operation of the House and judge debates and parliamentary procedures.
The members of the House of Representatives shall choose from among their members a Prime Minister who shall exercise the reserve powers of the Presidency. The Prime Minister shall act as head of government, and is subordinate to the President in matters of precedence.
Section 4.
At the first meeting of a newly elected House of Representatives, the Speaker of the House shall transmit to the President a declaration of the House identifying the person who commands the confidence of a majority of the members of the House of Representatives, or plurality in the absence of a majority.
The President shall then sign the appointment and administer the oath of office to the Prime-Minister-designate. The President shall formally swear in the Prime Minister at the opening session of each new Parliament following an election, regardless of prior service as Prime Minister.
The proclamation of the appointment shall read:
“A Proclamation by the President of the Commonwealth of New England.
“On this (date) day of (month, year), I do hereby appoint as (Acting) Prime Minister of New England, (name of person), Representative of (state), and require (him/her) to form a cabinet in service to the nation with all deliberate speed.
“Signed,
(Name), President of the Commonwealth of New England.”
The Prime Minister-designate shall take the following affirmation or oath before taking office: “I do solemnly affirm (or swear) that I will honorably execute the Office of Prime Minister of the Republic of New England; and I do solemnly affirm (or swear) that I will take no part in any form of corruption, bribery, or intentional deceit damaging to the public good, and will to the best of my ability, preserve, protect and defend the Commonwealth of New England and its citizens.”
Section 5.
On the first Monday following the first meeting of a newly-elected House of Representatives, the Prime Minister shall deliver an address outlining the proposed legislative program to a joint session of the House of Representatives and the Senate.
Section 6.
The Prime Minister shall choose from among the members of the House the ministers of state to oversee executive departments and form the cabinet.
Up to two members of the Senate may serve as ministers of state at one time.
In the absence of any members of the Senate serving as a minister of state, the Senate shall appoint a minister without portfolio to the cabinet from among their members to act as a liaison with the cabinet.
Section 7.
Following the dissolution of the House of Representatives by whatever constitutional means, the sitting Prime Minister and ministers of state shall continue in office as acting ministers until the first assemblage of the newly elected House, unless the sitting Prime Minister or any minister of state was removed from office under conditions described herein. In that case, the President shall appoint an Acting Prime Minister; or the Prime Minister shall appoint an acting minister of state.
Section 8.
Members of the House of Representatives are elected by the people in separate electoral districts in each of the states. Each state is entitled to a number of Representatives reflecting the proportional size of that state’s population to the whole federation. The House of Representatives shall consist of a number of seats equal to twenty times the number of states plus one, plus any overhang seats, native delegates, or other non-voting members.
Members shall be elected using instant run-off (or alternative) voting.
Each state within the Commonwealth shall be awarded one member of the House of Representatives per every 280,000 citizens. Parliament shall be empowered to increase the number of seats, or alter the ratio of citizens to representatives, when in the public good. Such change must receive the consent of the Supreme Court, acting as the Committee on Federal Electoral Districts and Representation, who must rule in favor only in the event that the changes do not unduly or unreasonably decrease the representation of the people, and all changes are uniform and consistent in each state.
No state shall elect less than three members of the House.
At the first assemblage of the House of Representatives, those states that join the Commonwealth shall be entitled to the following number of seats:
Maine, 5;
New Hampshire, 5;
Vermont; 3;
Massachusetts, 23;
Connecticut, 12;
Rhode Island, 4;
New York, 70;
New Jersey, 31;
Delaware, 3;
Pennsylvania, 45.
Both houses of Parliament must agree by majority vote to any increase in the number of seats in either house.
The term of office for each member of the House of Representatives is four years, unless the house is dissolved in some constitutional manner. In such cases, those chosen at the subsequent election will complete the unexpired term of their predecessor. No person may serve in the House of Representatives for longer than sixteen years, or compete in any election that would result in service beyond sixteen years.
To be eligible to serve as a member of the House of Representatives, an individual must have reached the age of twenty-one years and have been a resident of a state for at least seven years. Members of the House of Representatives must be residents of their federal electoral district at the time of their election and throughout their term of office.
Members-elect must take the following affirmation or oath before entering office: “I do solemnly affirm (or swear) that I will honorably execute the office of federal Representative of the Commonwealth of New England; and I do solemnly affirm (or swear) that I will take no part in any form of corruption, bribery, or intentional deceit damaging to the public good, and will to the best of my ability, preserve, protect and defend the Commonwealth of New England, its Constitution, and its citizens.”
No member of the House of Representatives may draw any salary or income of any kind from any source other than the Treasury of the Commonwealth during his or her tenure in office.
The House of Representatives shall have the sole power of impeachment.
Members of the House of Representatives shall be paid an annual salary equal to the average full-time salary of the average full-time worker in the Commonwealth.
The members of the cabinet shall be paid an annual salary equal to one and one-half times the average full-time salary in the Commonwealth.
The Prime Minister shall be paid two times the average full-time salary.
Section 5.
The House shall the following powers:
To protect the safety and wellbeing of the citizens alongside the liberty of the citizens;
To manage the internal affairs of the nation;
The regulation of inter-state and international trade and industry;
The regulation of the health and safety of the citizens of the Commonwealth;
The regulation of economic affairs in conjunction with other constitutional agencies;
The promotion of science, technology and education;
The creation and regulation of a national currency;
Oversight of certain government departments, agencies, and the armed forces as outlined in this constitution;
Formulation of a yearly budget for government operations in conjunction with the Senate;
To impeach federal officers, officials and agents on charges of high crimes and misdemeanors;
To defend the nation through the establishment of the armed forces;
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the Commonwealth, or in any department or officer thereof;
and enactment of legislation to conform to the tenants of this constitution.
The House shall have the right to set its own rules.
Section 6.
A majority of the members of the House of Representatives shall have the power to compel the resignation of the Prime Minister or any member of the cabinet, excepting the Attorney General, in a vote of no confidence.
The President shall have the power to dissolve the House of Representatives on the advice of two-thirds of its members, or of the Prime Minister and a two-thirds majority of the cabinet. Dissolution shall occur forty-eight hours after the presidential decree. Said decree must be issued within one week of the vote of the House or a request of the Prime Minister. New elections shall be held not more than six weeks from dissolution.
Two-thirds of the House must agree to any period of prorogation longer than three weeks.
Section 7.
The whole people of each state shall elect a certain number of at-large members of the Senate.
The states with populations over ten million people shall elect five Senators each. The states with populations over five million but less than ten million shall elect four Senators each. The states with more than one million but less than five million persons shall elect three Senators each. The states with less than 1 million persons shall elect two Senators each.
The term of office for members of the Senate is eight years. No person may serve in the Senate for longer than twenty-four years, or compete in any election that would result in service beyond twenty-four years. To be eligible to serve as a member of the Senate, an individual must have reached the age of twenty-eight and been a resident of a state for at least fourteen years. Members of the Senate must be residents of their state at the time of their election and throughout their term of office. Members shall be elected using instant run-off (or alternative) voting.
No member of the Senate may draw any salary or income of any kind from any source other than the Treasury of the Commonwealth during their tenure in office.
All members of the Senate shall be paid two times the average full-time salary.
Members-elect must take the following affirmation or oath before entering office: “I do solemnly affirm (or swear) that I will honorably execute the office of Senator of the Commonwealth of New England; and I do solemnly affirm (or swear) that I will take no part in any form of corruption, bribery, or intentional deceit damaging to the public good, and will to the best of my ability, preserve, protect and defend the Commonwealth of New England, its Constitution, and its citizens.”
At the first assemblage of the Senate following enactment of this constitution, elected Senators shall be divided into two classes by lot. The terms of those in the first class shall expire in four years; the terms of those in the second class shall expire in eight years. Thereafter, all terms shall be eight years. Senators of the first class shall not have their first term counted towards the term limit provisions of this constitution.
Section 8.
The President shall have the power to nominate two members of the Senate in the third and sixth years of the presidential term. Such nominees must be non-partisan experts in the fields of government administration; public health; infrastructure; technology; national or international trade or commerce; education; communications; or economics.
The Prime Minister shall have the power to nominate two members of the Senate in for every two years in office. Such nominees must be non-partisan expert in the fields of government; public health; infrastructure; technology; national or international trade or commerce; education; communications; or economics.
The Senate shall confirm such appointments.
Neither the President nor the Prime Minister are required to make any appointments to the Senate.
The number of appointed Senators at any one time may not exceed sixty.
Appointed Senators shall serve a non-renewable term of twenty years. They shall remain in office during any period of dissolution. The Senate may expel an appointed or elected Senator by a vote of two-thirds of the members, not including said Senator, after being properly judged for misconduct.
Section 9.
The Senate shall choose from among their members a Consul who shall act as the presiding officer of the Senate.
The Consul must maintain the confidence of a majority of the Senate, or a plurality in the absence of a majority.
In the case of the removal, death, resignation or incapacitation of the President, the Consul shall become President, fully vested with all authority, and shall complete the unexpired term. The Consul must meet all constitutional tests to inherit the presidency.
Section 10.
The Senate shall have the sole power to:
approve appointments to the Supreme Court made by the President;
approve those appointed to ambassadorships by the President;
approve the appointment of judges to federal courts proposed by the President on the advice of the Prime Minister;
act as a court of impeachment, with the Chief Justice of the Supreme Court as judge in the case of the impeachment of the President by the House;
practice oversight of national corporations and agencies as outlined in this constitution;
approve foreign treaties negotiated by the Prime Minister and the cabinet;
and practice oversight of constitutionally mandated areas of responsibility.
The Senate shall have the right to set its own rules.
The Senate shall have the power to review and amend the federal budget proposed by the House. Both Houses must agree to the final budget by a majority vote.
Two-thirds of the state legislatures may dissolve the Senate in preparation for new elections. Said election shall not be held longer than six weeks from dissolution. Members elected shall complete the unexpired terms of their predecessors.
The Senate shall have the power to dissolve itself on a vote of two-thirds of its members. Dissolution shall occur forty-eight hours after the Consul of the Senate’s decree. Said decree must be issued within one week of the vote of the Senate. New elections shall be held not more than six weeks from dissolution. Members elected shall complete the unexpired term of their predecessor.
The Senate shall assemble in a council chamber in the national capital for one-half of each yearly session, and via long-distance communication device for one-half of the yearly session. Senators shall keep in regular and constant contact with the citizens of their state, holding town meetings and other gatherings of citizens of their states during the period of digital assembly. These meetings should both educate the public on federal policy and discuss questions and suggestions from citizens. The Senate may increase the length of the digital assembly period, but may not reduce the length below one-half of the yearly session.
Section 11.
All members of the Parliament shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
Article III: The Executive.
Section 1.
The President of the Commonwealth of New England shall act as head of state and official chief executive. The President shall carry out all ceremonial functions common to a head of state, including receiving foreign ambassadors; greeting foreign leaders; undertaking goodwill visits to foreign nations; hosting national and international events and celebrations; accrediting ambassadors; and commissioning officers of the armed forces.
Certain reserve powers of the President are exercised through or with the Prime Minister and the cabinet as outlined in this constitution.
Parliament may assign additional specific areas of responsibility to the President on a vote of two-thirds of both houses, but may not combine the offices of President and Prime Minister without the approval of a duly summoned Constitutional Convention.
The President is Commander-in-Chief of the armed forces, a duty discharged jointly with the Prime Minister. In the event of the death or incapacitation of either the President or the Prime Minister, the other shall act as sole Commander-in-Chief until a replacement is in office. Both the President and the Prime Minister must agree to the deployment of soldiers inside or outside of the Commonwealth of New England.
The President shall discharge the duties of the office in a non-partisan fashion, as far as is possible and practical.
The Presidential shall have the authority to create such positions, committees, boards and commissions necessary to carry out the functions of the presidency, with the consent of the Senate.
Section 2.
The President shall appoint the Prime Minister on the advice of a majority of the members of the House of Representatives, or a plurality in the absence of a majority.
In the event that the House fails to nominate a Prime Minister thirty days following the opening of the Parliamentary session, the President shall appoint an Acting Prime Minister from among the members of the House for up to three months. If the House cannot approve a Prime Minister within three months, the House is automatically dissolved. A new election must be held within six weeks of the dissolution. Those elected shall complete the unexpired term of their predecessor.
Section 3.
The President shall appoint all nine members of the Supreme Court of the Commonwealth, with the advice and consent of the Senate.
The President shall appoint members of the lower federal judiciary on the advice of the Prime Minister and with the approval of the Senate.
Section 4.
The President shall appoint the Attorney General, with the advice and consent of the Senate. The Attorney General is responsible to the Senate. The Attorney General shall oversee the Department of Justice and shall be a member of the cabinet. Two-thirds of the Senate may compel the resignation of the Attorney General. The Attorney General shall remain in office during any period of dissolution.
Section 5.
The whole people of the states shall elect the President for a term of six years. The president shall be elected using alternative (or instant run-off) voting. An individual may only serve as president once in any twelve-year period. No individual may serve more than two terms as President. An individual must have attained the age of forty years and have been born in the Commonwealth, or have been born in the United States of America or its territories prior to the ratification of this constitution, and have been a resident of the Commonwealth of New England for the previous fifteen years, or of the United States of America or its territories prior to the ratification of this constitution.
A candidate must appear on the ballot in at least two-thirds of the states in order to seek the presidency.
Once a candidate’s name appears on at least two-thirds of the state ballots, the candidate may register with the national election agency to receive campaign funds.
The states shall conduct and judge such nominating elections, conforming to all federal and state constitutional guarantees and protections. In the case of conflict between the federal and state constitutions, the federal constitution shall take precedence in this and all matters.
The candidate who receives a majority of the whole vote cast shall be elected President of the Commonwealth. A majority is hereby defined as 50% of the whole vote cast plus one. The national election agency shall conduct the election and judge the results. The Supreme Court may review and if necessary correct these election results so as to conform to the actual result, on petition of either house of Parliament, the President, the President-elect, or two state legislatures.
Section 6.
The President shall receive an annual salary equal to three times the average full-time salary.
The President may not receive any income whatsoever from any other source than the public treasury during the term of office.
Section 7.
The President shall have the power to appoint the chairpersons or chief executive officers of national corporations, services, and agencies established according to the provisions of this constitution, in the manner provided for in this constitution.
Section 8.
The President shall appoint ambassadors and ministers plenipotentiary drawn from a professional corps of diplomats accredited through proper means by the Ministry of State.
The Senate shall consent to all appointments to ambassadorial rank.
The President may only appoint professional, non-partisan persons to diplomatic posts.
Section 9.
The President shall be Commander in Chief of the Armed Forces of the Commonwealth of New England, and of the New England Guard of the several States, when called into the actual service of the Commonwealth, the powers of which office are exercised with the advice and consent of the Prime Minister, except under circumstances described herein.
The President shall commission all the officers of the Commonwealth of New England.
Section 10.
The President may, on extraordinary occasions, convene both houses of Parliament, or either of them.
Section 11.
The President and all civil officers of the Commonwealth of New England shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors; as well as under other circumstances provided for in this constitution.
If the President of the Commonwealth is recalled from office through popular referendum, or convicted of an impeachable offense, or resigns, or dies in office, or is declared mentally or physically incapacitated by a majority of the members of the House of Representatives, the presiding officer of the Senate shall become President, inheriting all the powers, rights, and responsibilities of the presidency until the expiration of the current presidential term. The presiding officer must meet all constitutional tests. An election to fill the vacated seat in the Senate must be held within six weeks of the resignation of the presiding officer.
In the case of impeachment by the House of Representatives, the President shall be suspended from office with pay for the duration of any court trial or trials. In that instance, the presiding officer of the Senate shall serve as Acting President for the duration of the trial. While serving as Acting President, the presiding officer may not take part in any impeachment trial. The Acting President must meet all constitutional tests.
In the event of an acquittal by the Senate on all charges, the President shall resume office immediately. In the event of conviction on any charge, the President shall be removed from office immediately. In that case, the Acting President shall become President, invested with all the powers, duties, and obligations of that office for the remainder of the current presidential term.
Section 12.
The President shall have the power to declare a state of emergency in all or any part of the Commonwealth of New England on the advice of the Prime Minister. Parliament shall declare the provisions of a state of emergency, but no provision may permanently suspend the operation of the federal or of any state constitution or constitutional offices; and all provisions must have a definite expiration date, not longer than three years from the declaration of a state of emergency.
Section 13.
The President shall have the power to grant reprieves and pardons for offenses against the Commonwealth of New England, except in cases of impeachment.
The President may not pardon him or herself.
Section 14.
The president-elect shall take the following affirmation or oath before taking office: “I do solemnly affirm (or swear) that I will honorably execute the Office of President of the Commonwealth of New England; and I do solemnly affirm (or swear) that I will take no part in any form of corruption, bribery, or intentional deceit damaging to the public good, and will to the best of my ability, preserve, protect and defend the Commonwealth of New England, its Constitution, and its citizens.”
Article IV: The Judiciary.
Section 1.
Judicial power is hereby invested in the Supreme Court of the Commonwealth of New England and the lower federal courts created by the House of Representatives.
The Supreme Court shall oversee the lower federal courts.
Section 2.
The Supreme Court shall consist of nine members appointed by the President and confirmed by the Senate by majority vote.
The President shall nominate and the Senate shall confirm a Chief Justice.
No person may serve as chief justice for more that twenty years. A chief justice may remain on the court after stepping down from that office.
For the first assemblage of the Supreme Court, the President shall nominate all members from existing State Supreme Courts.
The federal judiciary of the United States of America existent in the states that together comprise the Commonwealth of New England shall remain in place, responsible to the Supreme Court of the Commonwealth, upon the adoption of this constitution. The President shall review and re-nominate or dismiss those of the existing federal judiciary during the first Presidential term. Thereafter, the lower federal court judges shall be nominated by the President on the advice of the Prime Minister.
The term of office of a member of the Supreme Court is until the age of seventy and during good behavior.
The House shall impeach and the Senate shall judge any justice of the Supreme Court on a charge of high crimes or misdemeanors. The Consul shall act as judge and arbiter in the case of the impeachment by the House of any member of the Supreme Court.
Section 3.
The Supreme Court shall possess the power of judicial review of all legislation enacted by the House and signed by the President.
The Supreme Court shall have original jurisdiction in all cases related to treason, war crimes, torture, international legal disputes, disputes between two or more states, federal election law or the conduct of a federal election, or disputes between the executive and the legislative branches.
The Supreme Court is the final court of appeal in all matters related to federal law and jurisdiction.
The Supreme Court may accept or reject appeals from lower courts.
Section 4.
Upon confirmation by the Senate, each Supreme Court justice shall take the following oath, administered by the Consul of the Senate: “I do solemnly affirm (or swear) to honorably discharged the duties of (Chief) Justice of the Supreme Court of the Commonwealth of New England, and that I shall take no part in any bribery, corruption or intentional deceit damaging to the public good. I do solemnly affirm (or swear) that I will, to the best of my ability, preserve, protect and defend the Commonwealth of New England, its Constitution, and its citizens.”
Upon confirmation by the Senate, each lower federal court justice shall take the following oath: “I do solemnly affirm (or swear) to honorably discharged the duties of Justice of the Federal Court of the Commonwealth of New England, and that I shall take no part in any bribery, corruption or intentional deceit damaging to the public good. I do solemnly affirm (or swear) that I will, to the best of my ability, preserve, protect and defend the Commonwealth of New England, its Constitution, and its citizens.”
Section 5.
Members of the Supreme Court shall receive an annual salary equivalent to two and one half times the average full-time salary.
The House shall determine the salaries for the lower court justices and employees.
Article V: Government Departments, Agencies, and National Corporations.
Preamble
In furtherance of good governance, certain government functions shall be granted to designated national corporations. These organizations shall function as semi-public, non-profit corporations, except where noted, headed by a board of directors and a chief executive officer responsible to Parliament. The Commonwealth of New England shall retain a majority of the shares in all national corporations. A minority of shares may be sold or auctioned to the public, or used as collateral. No individual or entity may control a majority of the minority shares. No foreign government or foreign-owned corporation or other entity may purchase more than two percent of the shares in any national corporation.
These corporations are created to provide a service or services to the citizens of the Commonwealth, as public or semi-public bodies, and shall be held the highest standards in all areas of operation; and shall be guaranteed an operating budget by Parliament.
National corporations may be funded by corporate or individual income taxes, or a consumption tax, or other tax or tariff, in combination with individual contributions through reasonable fees for service.
The chair and members of the boards of directors of the national commissions shall be paid a salary equal to two times the national average salary for those employed full-time. No chair or board member shall receive any income from any other source than the national Treasury.
The Senate shall confirm or reject all agreements and contracts made between government agencies or national corporations.
All agents of a national corporations are responsible to Parliament.
Section 1.
Parliament shall establish a national utility and maintenance corporation, a non-profit semi-public corporation to provide all citizens with electricity, home heating oil, natural gas, wired telephone service, ensure wireless telephone access, and broadband internet access. This corporation shall also maintain the integrity of all properties under the authority of the federal government, as well as the planning and implementation of a modern public transportation system and energy infrastructure together with the Future Planning Administration.
The states may create subordinate departments to work in conjunction with the national corporation.
The corporation may contract with private corporations, following an open bidding process, if such is determined to be in the public good.
Employment by this service may be used temporarily to help reduce unemployment at times determined by Parliament.
The national utility corporation shall ensure the availability of high-speed and affordable access to the Internet in all areas of the Commonwealth, using whatever methods are most expedient to the public good.
Parliament shall enforce net neutrality.
Neither the federal nor any state government, nor any federal or state officer, department, agency or corporation, nor any private agency, corporation, or organization, may limit or remove the access to the internet of any citizen or group of citizens, except those serving a prison term or those convicted of cybercrimes as defined by Parliament.
The President shall appoint the chief executive officer of the national utility and maintenance corporation, with the advice and consent of the Senate, for a term of ten years. No person may serve as chief executive officer for more than twenty years.
Section 2
Parliament shall establish a national social service corporation, a semi-public non-profit corporation to provide all citizens with affordable health, dental, retirement, unemployment and life insurance. All health and medical corporations operating within the Commonwealth of New England, whether based in the Commonwealth or a foreign nation, must accept national health and dental insurance without prejudice.
No citizen shall be compelled to make use of the national health system, excepting those serving in elected or appointed federal offices during their tenure in office.
The national social service corporation shall have the power to establish health clinics and hospitals in under-served areas.
The national social service corporation may operate services independently, or in conjunction with the states, or in whatever way is most expedient for the public good.
Parliament shall establish a national service agency, under the authority of the national social service corporation, to coordinate voluntary and paid employment of members of the public during their period of constitutionally mandated national service by agencies of, or recognized by, the federal government. This agency shall not be responsible for the recruitment and induction of members of the armed services.
The President shall appoint the chief executive officer of the national social service corporation, with the advice and consent of the Senate, for a term of ten years. No person may serve as chief executive officer for more than twenty years.
The Prime Minister shall appoint the chief executive office of the national service agency for a term of four years. No person may serve as the chief executive of the national service agency for more than twelve years.
Section 3
Parliament shall establish a public information service. This service shall operate one or more broadcast television channels, one or more cable channels, and be made available on the Internet. It shall provide news, educational and other types of programming. In particular, this service shall provide programs focused on voter education about local and national issues, voting procedures, constitutional rights, and information on candidates for local and national office. All such information must be provided from a neutral point of view as to matters of opinion.
This service may raise funds through public appeal or minimal advertising.
The President shall appoint the chief executive officer of the public information service for a term of five years, with the advice and consent of the Senate. No person may serve as chief executive officer for more than ten years.
Appointed Senators shall together oversee and ensure the journalistic integrity and neutrality of the public information service.
Section 4
Parliament shall establish a national postal service, headed by a Postmaster General, as a semi-public for-profit corporation to handle all postal items.
The President shall appoint the Postmaster General for a term of ten years. No person may serve as Postmaster General for more than twenty years.
The Postmaster General is responsible to the Senate.
Section 5
Parliament shall establish the National Economic Commission.
The National Economic Commission shall be made up of the Prime Minister, the Minister of the Treasury, the Chairman of the Board of Governors of the Reserve Bank and three members of that board chosen by its members. The Prime Minister may designate other cabinet ministers or members of either house of Parliament to sit on the National Economic Commission, serving at will.
The governors of each state shall each appoint one member for a term of five years, renewable once. Such appointees must have recognized experience in economics, economic policy, finance, trade, or industry. The Senate shall approve such appointments.
The National Economic Commission shall oversee national corporations and make recommendations on economic policy and regulation to Parliament.
Section 6.
Parliament shall establish a national election agency to conduct and oversee federal elections and to provide financial resources to all properly certified candidates for national office. This agency shall set the amount of money available for campaign expenses to candidates for all federal offices; and the amount must be the same for all candidates for the same office. In the allocation of electoral funds by the national election agency, priority shall be given first to the House of Representatives, then to the presidency, then the Senate.
No candidate for any federal office may receive funds for campaign or personal expenses from any other individual; national, state, or local government agency; private, semi-private, or public corporation; or foreign government; or citizens of a foreign nation; nor any other public or private organization other than the national election agency.
The President shall appoint the chief executive officer of the national election agency for a term of five years with the advice and consent of the Senate. No person may serve as chief executive officer for more than ten years.
The Governing Board of the National Election Agency shall comprise of the chair appointed by the President, and a number of members equal to the number of states. Each state legislature shall appoint one member of said Board for a term of five years. No person may serve on the governing board more than ten years. The member shall not be a sitting member of any elected or appointed body or position.
The Governing Board may remove the chief executive officer, or any board member, for violations of the law, on a vote of two-thirds of its members.
The chief executive officer of the national election agency may be removed by popular referendum, or impeached by the House of Representatives and removed by the Senate on a conviction of misconduct. If so charged, the sitting chief executive officer shall be suspended from duties with pay; if convicted of corruption, misconduct, or other high crimes and misdemeanors, said chief executive officer shall be removed from office immediately, and shall face federal charges.
Section 7.
Parliament shall establish the Reserve Bank of New England as a central bank. The board of governors of the central bank shall be made up of a number of members equal to twice the number of states, plus a chairman appointed by the President for a term of ten years, with the advice and consent of the Senate. The governors of the several states shall appoint half the membership, one per state, for a term of ten years; and one half of the members shall be appointed by the Senate for a term of ten years. No member of this commission may hold any other local, state, or federal government office, whether or appointed or elected, nor receive any salary or income from any source other than the national treasury, for the duration of their term.
Following the first assembly of the Board of Governors, members shall be divided into three classes by lot.
The term of office of the first class shall expire at the end of four years. The term of office of the second class shall expire at the end of eight years. The term of office of the third class shall expire at the end of ten years, so that the membership shall be staggered following subsequent appointments.
In the event of the death, resignation, or removal of a member of the commission, the appropriate person or legislative body shall appoint a replacement to fill the unexpired term of the previous member.
No member of the central bank board of governors may be employed by, or related to an employee of, any national corporation.
No member of the board of governors shall serve for more than twenty years.
All members must have recognized expertise in at least one of the fields of economics, banking, or national or international trade.
The central bank shall have the sole authority to deposit the funds of the national treasury; to issue bank notes and coinage; to set a variety of interest rates; to regulate the money supply; to issue bonds in the name of the Commonwealth; to conduct loans on behalf of the Commonwealth; to set standards for the integrity of the banking system; and to secure the gold and silver reserves of the Commonwealth.
Parliament may assign other areas of responsibility to the Reserve Bank.
The Reserve Bank may impose reasonable fees for services to other private or public banks or treasuries to fund its operations. Any fees collected, which exceed the needs of the operation of the central bank in a single fiscal year, shall be deposited into the national treasury for general use.
The currency of the Commonwealth of New England shall be named the New England Shilling. One shilling shall be divided into one hundred cents. The Reserve Bank may issue other such notes or coinage as necessary when in the public good, and directed by the House of Representatives.
The members of the Reserve Bank Board of Governors are responsible to the House of Representatives.
Section 8.
Parliament shall establish a national archive and records commission. Such a commission shall be charged with the storage