Amendment 6 to the Third Constitution

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Amendment 6 to the Third Constitution
Amendment 5
CitationCa-6 to C-3
Enacted byOpen Parliament
Date enacted9 June 2020
Legislative history
Introduced on25 August 2019
Introduced byRamelia
Voting began25 May 2020
Required majorityTwo-thirds
Vote results10 Yea, 4 Nay, 0 Abstain
Status: Passed

This Amendment makes provision accommodating the new forum of the Social Liberal Union, expands the prohibition on hateful expression to include additional several necessary categories, prevents candidates from running in multiple concurrent elections under most circumstances, and makes other revisions and corrections to the Constitution.

Section 1. Rights and Freedoms Revisions

Clause 1. Article 1, Section 2, Clause 5 shall be amended to read as follows:
Right to the respect of their personal and family life, home, and communications
Clause 2. Article 1, Section 2, Clause 27 shall be amended to read as follows:
Freedom from military conscription
Clause 3. Article 1, Section 2, Clause 32 shall be struck from the Constitution.

Section 2. Changes to Waivers

Article 1, Section 4 shall be amended to read as follows:

A Resident State must be a member of the World Assembly to become a Member State. Provided, they may otherwise (a) be granted a waiver in the form of a Resolution of Parliament to that effect, with the concurrence of at least two-thirds of Member States voting, or (b) by having the World Assembly Delegate (or an officer designated by them) certify to the Minister of Immigration that they are in active service of such a military organization as is described in Article 10, Section 1, Clause 4, or are a participant in a military operation of the Social Liberal Union otherwise described in Article 10, Section 1.
Clause 1. A waiver granted under this Section may be suspended in effect by the Speaker of the Union for fraud, deception, or error, with judicial approval and automatically upon conviction for treason, invasion, or rebellion, and as may otherwise may be regulated by law. The Open Parliament also reserves the right to revoke any waiver with a Resolution to that effect, sponsored by two Member States, passed with the concurrence of at least two-thirds of Member States voting, and with 7 days of voting.
Clause 2. The Minister of Immigration shall ensure the Speaker of the Union is provided a list of all World Assembly membership requirement waivers authorized for military involvement. Such States must notify the Minister of Immigration and World Assembly Delegate when their involvement ceases, or, the Delegate may revoke the waiver with notice to the pertinent State and Minister of Immigration.

Section 3. Residency Requirements Revision and Clarification

Article 1, Section 5 shall be amended to read as follows:

A Resident State which complies with the requirements in Sections 2 to 4 of this Article, and, has been a Resident State for at least one week continuously, shall be considered a full Member State.
Clause 1. A diplomatic officer of another region or organization assigned to the Social Liberal Union shall not be considered a Member State during their continuance in office, but shall be granted all the rights and privileges of a Member State, except the right to access and vote in the Open Parliament, and the provisions of Clauses 3 to 4 of this Section.
Clause 2. A puppet or vassal Resident State of a Member State shall not be considered a Member State.
Clause 3. Member State status, once attained, shall last perpetually until cessation of existence, lack of residency, cessation of World Assembly membership without a valid waiver, or upon failure to satisfy the requirements of Section 3 of this Article for more than two weeks.
Clause 4. A Member State unlawfully ejected from the region shall not lose Member State status for lack of residency for at least one month, and, may petition the Court of Justice for the purpose of reinstating their residency.
Clause 5. After Member State status has been attained once, it may be reattained immediately after lack of residency for any reason except conviction of a crime if a State rejoins the Social Liberal Union and otherwise complies with the requirements in Sections 2 to 4 of this Article.
Clause 6. A Member State may transfer their status as such to a puppet or vassal Resident State upon notification to the Minister of Immigration. Provided, the puppet or vassal must thereafter independently meet qualifications for Member State status, excepting residency transferred from the then-Member State, and the Member State transferring status shall be considered a puppet or vassal after transferring their status. Member State status may not be transferred while a State holds elective office in the Social Liberal Union.

Section 4. Revision on Member State Duration Requirement for Certain Offices

Clause 1. Article 3, Section 2, Clause 1 shall be amended to read as follows:
No State shall hold this office unless they are a Member State, and have been a Member State for at least two months in total.
Clause 2. Article 5, Section 2, Clause 1 shall be amended to read as follows:
No State shall hold this office unless they are a Member State, and have been a Member State for at least three months in total.
Clause 3. Article 9, Section 2, Clause 1 shall be amended to read as follows:
No State shall hold this office unless they are a Member State, and have been a Member State for at least two months in total.

Section 5. Prohibition of Hateful Expression Revision

Article 1, Section 9 shall be amended to read as follows:

Any State that makes statements in support of the denial of human rights on the basis of sex, gender, gender identity, sexual orientation, race, ethnicity, religion, age, or ability, makes statements in support of any ideology that advocates for denial of such human rights, or makes statements in support of ecological destruction or the acceptability thereof, may be subject to prosecution for a criminal offense, penalties and further provisions for which may be provided for by law.

Section 6. Resolution of Parliament Clarification

Article 2, Section 6, Clause 3 shall be amended to read as follows:

Resolutions of Parliament may formally express an opinion of Parliament, consent to the ratification of treaties and other interregional agreements agreed to and signed by the Delegate or Minister of Foreign Affairs, open or close embassies, consent to invasion or defense operations if required by Article 10 of this Constitution, or exercise specific non-lawmaking powers such as granting waivers to existing law and regulating the administrative or internal business of the Open Parliament, where provided for by law. Concurrence of two-thirds of Member States voting and additional requirements for number of sponsors may be required by primary legislation for the passage of Resolutions exercising particular non-lawmaking powers.

Section 7. Forum Revision and Provision Placement Change

Clause 1. Article 4, Section 8 shall be struck from the Constitution.
Clause 2. A section shall be appended to Article 3, to be entitled "Regional Forum" and to read as follows:
The Speaker shall ensure that a regional forum is kept for, at a minimum, the purposes of legislative and regional discussion. The Speaker shall ensure that all Member States are able to access the forum; other States may also be permitted to access the forum.
Clause 1. The Speaker shall generally be the trustee of the forum administrator account (hereafter in this Clause referred to as "the Account"). Provided, another Member State should alternatively be the trustee of the Account, as supervised by the Speaker, if that State owns the website with which the forum is hosted. If such a State is the trustee of the Account, they shall be obligated to execute legitimate administrative action as directed by the Speaker. Notwithstanding its trusteeship, the account should only be used when administrative action is necessary, and its trustee is to maintain regular forum relations with a separate account. The Chancellor may temporarily act as the trustee of the Account during the prolonged absence of its trustee. The Account shall have the display name "Administrator" for purposes of identification.
Clause 2. The Speaker, notwithstanding whether they are the trustee of the forum administrator account, shall ensure that the regional forum is backed up to the fullest extent possible at least every three months.
Clause 3. The Speaker, notwithstanding whether they are the trustee of the forum administrator account, shall have access to an administrative account and forum administrative logs to the fullest extent possible.
Clause 3. The Speaker shall ensure that any known previous regional forums of the Social Liberal Union remain accessible to the fullest extent possible.
Clause 4. General management of the regional forum, activities conducted thereon, and the full or partial classification of records thereon may be further provided by law.

Section 8. Revision Regarding Voting Methods

Article 8, Section 2 shall be amended to read as follows:

In elections and legislative votes before the Open Parliament, a voting portal whose security and efficacy has been certified by the Speaker of the Union shall be utilized, except as otherwise provided for by law. Except where technically unfeasible, results must be hidden until voting concludes, and the ability of Member States to open voting on their own bills must be preserved.

Section 9. Consolidated Elections Revision

Article 8, Section 4 shall be amended to read as follows:

All constitutional elective public offices of the Social Liberal Union shall be elected using preferential voting. Each election shall have at least one week for nominations and campaigning, and one week for voting, except as otherwise stated or necessary. Any Member State may nominate themselves or other Member States. During any nomination period which may, as permitted by law, be concurrent with the nomination period for another office or offices, Member States may accept nomination for no more than one office; provided, a Member State running for another office may also run for an office if its nomination period has been extended due to lack of candidates.

Section 10. Parliamentary Discretion on Military Alignment

Article 10, Section 1 shall be amended to read as follows:

The Social Liberal Union shall generally be a neutral region.
Clause 1. The government of the Social Liberal Union shall not, without the consent of the Open Parliament, conduct invasions upon other regions that have not invaded the Social Liberal Union, and may not defend regions with which the Social Liberal Union does not have a lawful embassy or a ratified treaty regarding mutual defense.
Clause 2. The Social Liberal Union maintains the right to investigate, negotiate with, and use espionage against any foreign region or organization to ensure the adequate defense and security of itself and its allies.
Clause 3. Individual States of the Social Liberal Union may defend or raid, provided they do not harm the region or an ally of the region.
Clause 4. By a treaty consented to by the Open Parliament, the Social Liberal Union may permit internal recruitment to a military organization. Provided, the Open Parliament must have determined, in its sole discretion, that said organization or an encompassing interregional organization espouses the central tenants of the Social Liberal Union and opposes those repugnant to the region.

Section 11. Pre-Passage Treaties

Article 11, Section 5 shall be interpreted to exclude treaties from continuity from the Second to Third Constitution. Thus, any treaties in effect as of the passage of the Third Constitution were repealed by it. This Section shall not be construed to prevent the re-accession of the Social Liberal Union to the Arnhelm Declaration of Recruitment Standards by a new treaty.

Section 12. Summary of Effect

The following are summaries of the effects of each Section of this Constitutional Amendment. This Section is informational and should not be construed as making any changes.

Section 1: Clause 1 is a typo correction for consistency with the section. The change in Clause 2 prohibits military conscription at any age (the previous version of the clause affected prohibited conscription only for those under 18). The change in Clause 3 strikes a clause that gave the "Right of inventors and authors to secure, for limited times, the exclusive right to their respective discoveries and writings, in accordance with national law"—Clause 3 repeals the conditional right to patent and copyright holding, and similar practices.

Section 2: The major change to this section is permitting members of SLU-allied military organizations (see Section 10) and members of SLU government operations to automatically receive World Assembly waivers. They are required to notify the Minister of Immigration when such military involvement ceases; the Minister of Immigration is required to document such waivers (as have been allowed by the Delegate) to the Speaker of the Union.

Section 3: This section's revisions allow for the re-attainment of Member State status once a state that has lost residency regains it (which is the generally accepted but un-codified interpretation of current law), and, allows Member States (aside from elected officials) to transfer Member State status to another nation upon informing the Minister of Immigration.

Section 4: This section clarifies that the required duration of Member State status to run for Chancellor, Speaker, and World Assembly Delegate is cumulative, and may be non-continuous—whether that time may be non-continuous is not addressed by current law.

Section 5: This section adds protected categories against whom discrimination may be considered hate speech—the list of such categories is now "sex, gender, gender identity, sexual orientation, race, ethnicity, religion, age, or ability".

Section 6: A sentence is added to the description of Resolutions of Parliament to explicitly allow Acts to require a higher passage threshold (2/3) or additional sponsors for relevant Resolutions, as some Acts currently do and as the Constitution does for certain types of Resolutions.

Section 7: This section revises forum ownership and responsibilities—instead of belonging to the Founder (which has not actually been the case for years), the forum will belong to the Speaker or to the trustee of the forum website (with the new forum, this will be North American Republics). It also requires the quarterly backup of the forum by the Speaker (feasible on the new forum); other obligations regarding the forum administrator account are simply continued to the new trustee. The Chancellor is permitted to serve as a backup trustee. The Section additionally provides that the previous forum should be made as accessible as possible.

Section 8: This section makes the voting portals the primary means of voting for bills and elections, while adding qualifications for feasibility to the secrecy of voting results and the ability of Member States to put their own legislation to vote.

Section 9: This revision prohibits states running in multiple concurrent elections.

Section 10: Aside from a typo correction, this section provides makes legal recruitment to military organizations with which the SLU has a treaty (a treaty with an encompassing interregional organization is also acceptable) and the Open Parliament has deemed the values of the organization to be in line with those of the SLU. Such actions might be dubious in current law.

Section 11: This Section finds that any treaties in effect as of the passage of the Third Constitution (the SLU's membership in the Arnhelm Declaration of Recruitment Standards and the long-outdated Merging of the UDLS into the SLU) were repealed by it because there is no provision for continuity of treaties. It explicitly clarifies that the SLU may re-admit itself to the Arnhelm Declaration.