Difference between revisions of "Legislative"

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The '''Legislative Branch''' shall be composed of resident volunteers from the district who come together to ''craft'' Law as they have the <u>gumption</u> to do so.  Every law restricts liberty, so let them be made by volunteers committed to the cause.  Once passed by the [[Executive]], such Laws should not be removed until another Executive countermands it (asks for it to be ''repealed'') or a note is sent to the Executive to approve the repeal.  Membership is counted on any given year by those citizens who show up and make themselves available.  Such citizens get recognition on their ID card ("County Legislative member 2017") upon endorsement of an existing member.  [[Executive]] can endorse first-ever member (or co-founder of the district) to set it in motion.
 
The '''Legislative Branch''' shall be composed of resident volunteers from the district who come together to ''craft'' Law as they have the <u>gumption</u> to do so.  Every law restricts liberty, so let them be made by volunteers committed to the cause.  Once passed by the [[Executive]], such Laws should not be removed until another Executive countermands it (asks for it to be ''repealed'') or a note is sent to the Executive to approve the repeal.  Membership is counted on any given year by those citizens who show up and make themselves available.  Such citizens get recognition on their ID card ("County Legislative member 2017") upon endorsement of an existing member.  [[Executive]] can endorse first-ever member (or co-founder of the district) to set it in motion.
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XXX An elected leader can dictate whether s/he is instituting a ''republic'' and require votes to be made for representatives.  This should be stated and the reasons for it prior to their election.  The Judicial Branch decides partitioning and jurisdictions.  This should be passed by a simple majority by this Branch.
  
 
'''Location of Legislative Hall:'''  Location for district meetings, bills in draft, bills passed, and current budget should be placed ideally in a central location of the relevant district (community hall, for example, or, if resources allow for it, a special facility designed for Legislative meetings) so as not to favor any one area or people of the district.  Location should consider keeping a wall of bills that are in-process to inform interested residents (even within a community hall setting).  Those bills recently passed should be sent to the Press or noted specially for some time on the wall.  Passed bills are public record and should be kept ordered (some reasonable and consistent system of order, like city name, year passed, month, day, and bill for the day: CITYSTCTYYYYMMDDn) on-site (available when meetings are in session via open file or filing cabinet) and available at any time for research at their local library.   
 
'''Location of Legislative Hall:'''  Location for district meetings, bills in draft, bills passed, and current budget should be placed ideally in a central location of the relevant district (community hall, for example, or, if resources allow for it, a special facility designed for Legislative meetings) so as not to favor any one area or people of the district.  Location should consider keeping a wall of bills that are in-process to inform interested residents (even within a community hall setting).  Those bills recently passed should be sent to the Press or noted specially for some time on the wall.  Passed bills are public record and should be kept ordered (some reasonable and consistent system of order, like city name, year passed, month, day, and bill for the day: CITYSTCTYYYYMMDDn) on-site (available when meetings are in session via open file or filing cabinet) and available at any time for research at their local library.   

Revision as of 15:47, 6 November 2018

One of the three branches of a New World Constitution.

The Legislative Branch shall be composed of resident volunteers from the district who come together to craft Law as they have the gumption to do so. Every law restricts liberty, so let them be made by volunteers committed to the cause. Once passed by the Executive, such Laws should not be removed until another Executive countermands it (asks for it to be repealed) or a note is sent to the Executive to approve the repeal. Membership is counted on any given year by those citizens who show up and make themselves available. Such citizens get recognition on their ID card ("County Legislative member 2017") upon endorsement of an existing member. Executive can endorse first-ever member (or co-founder of the district) to set it in motion.

XXX An elected leader can dictate whether s/he is instituting a republic and require votes to be made for representatives. This should be stated and the reasons for it prior to their election. The Judicial Branch decides partitioning and jurisdictions. This should be passed by a simple majority by this Branch.

Location of Legislative Hall: Location for district meetings, bills in draft, bills passed, and current budget should be placed ideally in a central location of the relevant district (community hall, for example, or, if resources allow for it, a special facility designed for Legislative meetings) so as not to favor any one area or people of the district. Location should consider keeping a wall of bills that are in-process to inform interested residents (even within a community hall setting). Those bills recently passed should be sent to the Press or noted specially for some time on the wall. Passed bills are public record and should be kept ordered (some reasonable and consistent system of order, like city name, year passed, month, day, and bill for the day: CITYSTCTYYYYMMDDn) on-site (available when meetings are in session via open file or filing cabinet) and available at any time for research at their local library.

Calling Meetings: A Legislative session or meeting can be called together by the Executive or regular schedule set by a quorum of two resident members, for city level, four for county level , six for state (adding two at each district) who may wish to come together for any reason for jurisdictional business. A record can be kept of who participated in the quorum. Otherwise, facilities should be open for public use with normal penalties harming public property (policing of which can determined as per local needs and available resources). Legislative meeting rooms should have a minimum of common table, chairs, filing cabinet, working board (holding works in progress for others to comment or critique), people and contact information, typewriter or computer with printer, and have some publicly-available review of Branch events. Meeting minutes need not be taken, but members of the Press who wish to record the event are obvious residents who may have interest. If interest for participation grows, a schedule should be kept for using common areas for different functions.

If the Executive sets projects in motion that are likely to incur a civil or financial liability that extends beyond their term, then it is up to the House to educate the Executive on the matter (or vice versa). It can call for a vote to block the Executive, if they are not co-operative, winning by a simple majority and a quorum of 1. If this seems like too much power for a single Legislator to have, remember it only takes one other dissenting member to unblock (dismantling the prior "majority"), as this isn't a law trying to be repealed, but part of the operating procedures of the Three Branches that it can regulate a project's liabilities if they can demonstrate such impact beyond the elected Executive's term. This "motion" is essentially the functional handling of the Head of State when it does not properly deal with it`s Body.

The Legislative Branch sets the salary for the elected Executive. This can only be done before an election cycle. However, the Legislative Branch can give bonuses to reward good effort or to fund their project budget in such cases as a failing economy that isn't offering much sales tax revenues. No explanation necessary, just proper accounting.

Legislative Branches should fund a prosecuting attorney for the Executive Branch and a defense attorney for the Judicial Branch. The respective Branches get to choose the attorneys, but the Legislative has to fund them. This is the price for making laws -- taking from the lawmakers when there's a dispute. Perhaps because you didn't write it well enough, or perhaps it's in contradiction with other laws or rights. Wisdom declares that the salary (or retainer) for each should be equal, but you could make a reward to supplement their fee for whoever wins the case (or perhaps they receive the other half of what a private case would earn). Whatever the lawyers are paid to represent someone else's case is exactly what the time of a prisoner is worth, should they be sent to jail and found innocent, so choose the fee wisely. The Bar Association or Lawyer's Guild can be motivated to ensure that each is equally good; of course, the Judge already should be motivated.

Ongoing civic service employees should report to the Executive, but get paid by the Legislative budget. Their location of office can be set by either and should be decided amicably or on the spot as needed. They get paid upon approval of the Executive from income tax and perhaps other (non-sales) revenue who can review the budget at any time, but has no authority over the budget (as many of the items were made before their incumbancy). There should be a time, once a year (around tax collection), where all conflicts between Executive and Legislative agendas for the budget are reconciled (a name of this event? informally "the reconciliation"), yet control over it remains with this Branch (the Executive has their own economic revenue budget from sales tax revenue). Civil disruptions within Legislative processes can be handled by police in the Executive Branch and tried as usual. If you find disruptions can't be handled property by your elected leader, then you know that you've bitten off more than you can chew at your district and should reduce to the next level down (50 state governments, for example).

The Executive should give a "status report" at a minimum of every month to the Legislature for projects that will obligate their budget. This can also be accomplished by weekly "Executive's Corner"s in the Press. Here lies the opportunity for the Executive to get information from the Legislative Branch and legislators can get an audience with the Executive.

Citizens can charge other citizens with breaches of the law. They should send a copy to the offender and the Executive office to arrange a court hearing. The Executive doesn't have to act upon it, unless there's a personal or public interest. Citizen may cite a law or they may claim a breach of its basis. If the courts can't handle the load, then the executive is failing to lead or the city is too large for its developed government. If a citizen doesn't appear for Court to defend themselves, the Court can decide in favor of the party who did show (pronouncing "Contempt of Court" a fault of the defence) or decide that there was no merit to the case ("No Merit": fault at prosecution).

A quorum and simple majority is required to pass or repeal a Bill by the House. (XXX this section needs refinement: what passes as a Notice for a Bill to be properly voted upon?) In order to pass the house, all Bills must be published (set before the House) beforehand and a Notice (a call-to-vote published in the Press) given. A 1-day notice is the minimal-accepted time interval for a Notice. The Executive must not Veto the Bill for it to become the Law. The quorum for passing Legislation is three. This may seem too small, but makes it easier for simpler laws to be passed, solving the request for "line-item veto" by the Executive. The Executive, if present as a citizen, does not count for the quorum. For repealing law, the quorum is the number of Legislators who originally voted (both for AND against). This serves to encourage collaboration among district members (who might be less inclined to slip legislation under the radar if they know it can be easily repealed), and favors the advancing of better, smaller law over large amounts of law. If the wording of the Law is merely being updated, the quorum may be only the number who passed the Law. If the number of such voters gets bigger, then the quorum for future updates is increased thereby. If the number decreases, then the Law is getting less

The Executive, after accepting the Bill, retains is obligated to executing the law, but retains right to prioritize. In the case of a repeal, the Executive's approval is required like any other legislation. The Legislative House is responsible for publishing the new Law.

Legislation that shouldn't be be made at the federal level should be passed downward for consideration, if possible. Most laws should be pushed as far down as possible, except where standardization is desired (road signage, etc.) or where it effects everyone, regardless of beliefs (like murder, not health care).

The Legislature can force a citizen vote for Executive projects which will create ongoing public costs by simple majority, but work it out with the Executive directly.

If no Executive is in Office, the Bill can be sent to the next higher level Executive. If there's no Executive there, then the next and so on. The required quorum for calling a meeting doubles with each level, but the number needed to pass a bill does not. Any congestion present allows those higher-level Executives to check on districts lower-down to see what needs to be done. Perhaps it's better leadership, education, or just a pep rally. Once it gets to the highest-level Executive's desk, and there's no one there, the # of Bills should be published to the Press to inspire the next leader to arrive.

The quorum in the event when no Executive is in office to pass upwards is double the normal amount, and can be reviewed by the Legislature there and, if no Executive there, can pass upwards again (with double the quorum) if no Executive is present. Jurisdiction for that law stays limited to the issuing district. There is no quorum for a call to War, since it is not made by this Branch, but only a simple majority approval is required (of whoever shows up).

Elected officials do have the privilege of disregarding local laws, but will have to answer to the public for re-election and just consider the example it sets for others which could impact the Judicial Branch. A higher-level Executive can charge a lower-level Executive in the event of a breech of the Law. Proceedings for a ruling should occur at the higher Judicial Branch.

The Legislative keeps the People's Budget -- the ongoing budget that is funded by income taxes and provides monies for continued services in various departments like district maintenance (utilities, roadways, etc), law enforcement salaries (not equipment), schools, celebrations/tourism, etc. Any budget changes must be passed to the Executive`s desk but do not need approval. The local Legislature is receives the revenue from income taxes and is responsible for sending higher-level taxes upwards at the given rate. The higher-level Executive there can inquire about Legislative receipts to ensure fair payment has been received.

Taxation: Primary funding for items in this Branch are made by income taxes. Tax should be at a simple flat rate of gross income (after deduction of dependents). Tax collection should be done once a year at the same time for all levels of district, each with it's own rate. As it is money earned by the citizen, they may withhold whatever levels of taxes they wish at time of filing. The Executive is responsible for revenue enforcement and can arrest them for "denial of revenue". These disagreements must be worked out in the Courtroom.

If the People wish to countermand any directives here in this document, you should publish that a vote will be taken more than a day in advance, then the quorum is 50% of the population and 2/3+ majority, or if no such publication is practical, an excess of 90% and a simple 1/2+ majority.

Well-crafted law is result of balancing the need for precision (making more words) vs. the clarity brought by brevity (less). It serves as a good teaching tool and exemplar for public education and community stewardship. Registration of the Law should happen within the Branch, where it should be available at all times for public review (and/or the Internet), categorized by some scheme to be evolved at the highest levels and maintained by the district. Such registration should not carry the names of voters responsible prominently, as you wish to encourage participation but discourage grandstanding. Instead, include the number of votes in favor and denied, including the district in which they reside (if participation in higher-level Branches). The Bill should only include the names of those who crafted the law and should then pass to the Executive. If passed, the position and identity of the voters can be attached or included on the back of the Law. It should be published in that district's newspaper and on downwards to properly inform the public. Special fonts and form is suggested to make official correspondence to the public stand out and be noticed. This duty befalls the Executive's secretary.

The Executive can step to provide direction, but has no vote. Any legislation should pass by the Executive`s Desk for review. If there is no Executive in office, it can remain on the Desk until one is elected. The Executive may send back with refinements or it may be vetoed. Once vetoed, you can shelve it until the next Executive fills the Office. Vetoed bills need not stay on public record, but should be recorded and filed internally. The issue of whether to include the number of support votes on or for the Bill is up to the Page who delivers it to the Executive Office.

Legislation should have a Name for the Law (or "Bill" if not yet passed by the Executive), a paragraph describing the problem the legislation solves, and the author`s (not voter`s) names, in rough order of contribution. A Bill need not be complete for a start to be given in the Legislation (like "Parking Meter Rates"). Dissenting members can change the Name of the Law (names are preferred here) or later repealing members should be noted who approved re-opening a previously closed Law. Never create a new law when you can remake an existing one, preserving the history of all the interactions on the topic. The Executive should be made aware that it is a remake of an existing law and not adding another law when getting approval.

XXXIf the Executive calls for some pre-existing legislation to be scratched from the books (i.e. repealed), it acts as a normal submission, requiring a quorum of and a simple majority. It must be published 24 hours in advance with the name of law to be rescinded. Repealed laws stay on record, but are marked clearly "REPEALED". Such law can get re-enacted only if some change is given or compromise, where it can then be stamped "RE-ENACTED" after passing the Executive's desk.XXX

Standards and procedures for identification (birth certificates and ID cards) do not count as legislation but are internal operations of the government. They do not have to go through the Executive Desk, but you must get official approval from the Judicial to lend authority that such documents act as legal instruments for the purposes of the Law.

The Legislative Branch submits the income tax (flat tax) imposed at the level of their jurisdiction, collected once per year. Executive must approve the income tax rate. The Legislature approves the Budget.

Different checks can be written for each jurisdiction and received at the city office. This revenue can be counted and passed upwards as those levels have established above.

The Legislative Branch cannot obligate any new budget item or halt any existing spending without the signatory approval of the Executive. Generally the Executive should be the change agent, as YOU put him/her there. Dialog is important.

The Legislature (or "Congress") should be informed of monthly gross receipts collected by the Executive branch on sales taxes, or have it printed by the Press for public review and oversight.

Legislative volunteers can serve as little and as long as they want -- they get no compensation, but get an endorsement on their ID card that shows their level of participation. If volunteers don't come to participate, they simply lose out on what their community does. Some government positions may be established however to maintain services (like when there is no Executive in Office). These can be paid, but it should be published the name of such positions and their duties (not their compensation). Current holder of the position can be communicated upon inquiry. The Legislative has considerable leeway to maintain services and basic functionality of government as long as there is money available, it is recorded properly, and can be justified.

Money from sales tax accumulated while the Executive Office is vacant should be held securely by a Bank. Banks can separate city, county, state, federal, and world sales taxes and send revenue appropriately to the proper Executive address. What banks get in return for this service is cheaper money from above which can be used to build an economy.

Banks can check revenue statements with public statements., with revenue published on a monthly basis along with an annual balance, encouraging hopeful electors to run for Office. Such monies held in savings and collected while not in Office are the privilege of the Executive but require the Legislative to get signatory approval for the Bank to release it. It is the spender's responsibility to track all spending. In the case of the Legislature, it should be recorded to the Public Record. For the Executive, it should be reported to the Legislature as frequently as they request. Banks may not keep transaction details private if offering the account at a special government rate. Changing banks requires approval of both Executive and Legislative Branches. Keep in mind the Bank is offering a service to you also, since they can't or shouldn't expect it to be a money-making account, in return you're helping them have a healthy civic sector to protect and grow their investments.

Legislative Branch is responsible for the design of currency, and should be based on a tangible good, preferably a precious metal. These monetary placeholders should be decided at the highest levels of government available so they can be traded freely and readily across borders, but each state can decide upon it's own design and compete with how much of their own district is in circulation (because it's produced the greatest economic value). Precious metal (like gemstones) are created by work that transcends the effort of man, irreproducable, and reveals intrinsic value immediately through it`s lustre. They should belong to the those who hold high ideals and vision. The keepers of such should have some reward for noble stewardship. Decide on regular denominations, reasonable weights , and logical sizes ($1 should probably be the radius and thickness of a US dime, others scale from there). Stick with $1, $5, $10, $25, $50 and a singular noble metal for all dollars. For higher dollar values over $100, consider the Platonic solids. For fractions of the dollar, use copper exclusively as it won't confuse anyone at a glance.

City Councils represents the vestigial pre-Constitutional power structures and are often prevalent but should be abolished as it's better to have either a clear point of authority or none (especially when lethal force is present ior authorized).

All deaths at the city level should be sent to Mayor's office. Participants in higher-levels of government can (and should be) send upwards.

There is no bicameral Legislature.


  • "ior" = inclusive or.

Quora:

  • 1: blocking an Executive action (requires demonstrating liability beyond Executive's term and setting the block in motion by notifying the Executive Office)
  • 2: calling a meeting (city)
  • 3: passing a Law
  • 4: incorporating a new sub-district (making a city), calling a meeting (county)
  • 6: calling a meeting at state level
  • 8: calling a meeting at national level
  • 10: calling a meeting at world level

Note that calling a meeting requires 2 people, blocking an executive practically requires two also.