The Freeman State

Article 4: Legislative Power

 

 

A public forum is to be established and maintained by a non-political commission of administrators using the technology best suited to the times and to the customs of the people.  The people may freely use this forum to post proposals for bills of legislation, after their own style and concerning their own interests, which they may wish the Senate to pass into law. 

 

A non-political commission of moderators is to be established by and under the supervision of the forum administrators for the purpose of maintaining public order, quality, and decency within the forum; and the commission may set forth reasonable standards concerning conduct and the language of bills, and may issue punishments for infractions; except that no fine shall be imposed for forum offenses; and any such punishment shall not be more severe than to bar a member from access to the forum for a period of six months; nor shall anyone be punished on the basis of any political or religious viewpoint.

 

The people may express their approval or disapproval of any bill proposed within the forum, using a method set forth and maintained by the forum administrators; and the forum administrators may establish additional forums or subdivisions of forums as needed to better manage the volume of bills that may be proposed, and they may group bills according to subject matter, popularity, or any other logical manner.

 

Any bill that receives at least one thousand votes in its favor is to be given prominence within the forum and opened up for public debate.

 

Any bill approved by at least ten percent of the population of [Country] - as determined by the last census – is to be given special attention by the forum administrators, who shall review activity of the bill to ensure it has not be unduly manipulated in any way, such as by a significant foreign influence, or by hacking, or by unusual lobbyist activities.  If the bill is deemed authentic, then the chief forum administrator shall sign, certify, and transmit a copy of the bill to the President of the Senate, who shall add it to the agenda of the following session.

 

The Senate shall discuss and consider all bills put forward by the people in the preceding manner; and no later than thirty days from the date the President of the Senate shall have received it, they shall vote on whether or not to adopt the bill into law.  In all such cases, they shall treat it as a normal bill; and if passed, the bill shall then go before the Supreme Court for review.

 

The people shall reserve the right to impeach any agent, employee, or other officer of the government, or to limit or deny the payment of any emoluments to the same; and such right may be exercised without the approval of the Senate if it shall be approved by fifty percent of the population of [COUNTRY] – as determined by the last census; but such impeachment or restriction shall only attach to those persons specifically named, and for whom a definite cause of action has been agreed upon.

 

All other legislative powers herein granted shall be vested in a Senate, to comprise no less than twenty-four Senators.

 

Immediately after the first election, the Senators shall be divided into three classes.  The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and the third class at the expiration of the sixth year, so that one third may be chosen every second year.

 

No one may be eligible to hold the office of Senator except a Free Citizen of at least thirty years old.

 

The Vice President of [COUNTRY] shall be President of the Senate, but shall have no vote, unless the Senate is equally divided.  The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of the President of [COUNTRY].

 

The Senate shall have the sole power of impeachment, and to try all impeachments.  When sitting for that purpose, they shall be on oath or affirmation.  When the President of [COUNTRY] is tried, the Chief Justice of the Supreme Court shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

 

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under [COUNTRY]; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

 

The Senate shall assemble at least once per month, and such meeting shall be on the first Monday of the month, unless they shall by law appoint a different day.

 

The Senate shall be the judge of the elections, returns, and qualifications of its own members, and two-thirds shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as they may provide.

 

The Senate may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

 

The Senate shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members on any question shall, at the desire of one fifth of those present, be entered on the journal.

 

The Senators shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of [COUNTRY]; and no provision for increasing their emoluments shall take effect for a period of six years.

 

No Senator may be appointed to any civil office created, or that shall be created, under the authority of [COUNTRY], during the time for which he was elected; and no person holding any office under [COUNTRY], may be a member of the Senate during his continuance in office.

 

The Senators in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session, and in going to and returning from the same; and for any speech or debate in session, they may not be interrogated in any other place.

 

No bill shall pass into law but upon concurrence of at least two-thirds of the Senators in session; and before it becomes law, it shall go to the Supreme Court for judicial review, in accordance with the provisions of Article 6.  But in all such cases yeas and nays shall determine the votes of the Senators; and the names of the persons voting for and against the bill shall be entered on the journal of the Senate.

 

The Senate shall have the power to:

 

1. Draft revenue bills, borrow money on the credit of [COUNTRY], and establish an honest money system in accordance with the provisions of Article 7;

2. Preserve the regularity of free trade with foreign nations, and within the State, and with native tribes;

3. Protect the public against fraud in the fields of science and art by certifying true and original claims of discovery, invention, or authorship – but the State shall have no power to grant any right of monopoly or exclusivity to their creators;

4. Establish uniform rules for the naturalization of foreigners;

5. Establish uniforms laws on the subject of bankruptcies throughout [COUNTRY];

6. Establish a system for the posting of public notices, and of notaries services;

7. Establish and maintain a standard of weights and measures.

8. Establish and maintain a storage network at all ports of exit within [COUNTRY] to hold in trust the property of people traveling abroad - wherein the possession of such property is lawful within [COUNTRY], but unlawful in the place to which they are sojourning; and to set all fees and rules relating thereto, reserving their collection and execution to the Executive Branch; but no one may be compelled to deposit their property at such facilities against their consent;

9. Provide for the punishment of counterfeiting the securities, current coin, and other monies of [COUNTRY];

10. Define and punish piracies and other felonies committed on the high seas or in outer space;

11. Define and punish offenses against the Law of Nations, and against international law;

12. Make rules outlining the duties and obligations of government agents and government employees, and provide for the punishment of their misconduct in administrative tribunals inferior to the District Courts;

13. Make rules regarding the control and direction of the Armed Forces, and provide for the punishment of their misconduct in courts martial;

14. Declare a state of war or emergency, but all such declarations shall expire one year after their commencement unless renewed, or upon the end of the exigency, whichever comes first;

15. Grant license or commission to private citizens to capture and confiscate belligerent vessels belonging to pirates or to foreign nations, and to make rules concerning captures on land and water, and in the skies above [COUNTRY], and in outer space;

16. Provide and maintain an Army, a Navy, a Border Guard, an Air Force, a Space Program, and to make provisions for future technological improvements to the Armed Forces, but no appropriation of money for such purposes shall be for longer than two years unless renewed;

17. Provide for calling forth the militia to execute the laws of the State, suppress insurrections, repel invasions, and aid in times of public danger or emergency;

18. Provide for the organization, arming, training, and disciplining of the militia; reserving the appointment of the officers, and their direction while called to active service of [COUNTRY], to the Executive Branch;

19. Maintain exclusive jurisdiction over the limited National Zone; and

20. Make all laws that shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of [COUNTRY].

 

The Senate shall pass no law exempting any officer, agent, or employee of the government from any provision of any law on the grounds that such person is an officer, agent, or employee of the government, excluding those enumerated privileges authorized by this Constitution.

 

All Senators shall be on oath or affirmation that they shall not vote for any piece of legislation coming before them that they shall not have personally read; and any Senator later discovered as having so-voted shall have his vote discounted and made void ab initio; and any law that shall have passed will be made void upon the voiding of enough votes that the bill would not have otherwise passed when before the Senate.

 

Any Senator of [COUNTRY] shall be removed from office on impeachment for, and conviction of: treason, bribery or other undue influence, assassination or the ordering thereof, reckless spending, undue manipulation of judges or other persons so-protected by this Constitution, gross misuse of public funds, abuse of power, breach of trust, or other offenses under common law.