Constitution of The Republic

ARTICLE II: Form of government

G) Appointments and Impeachments

  1. The Council shall have the power to appoint or make elective all vacant ministers; and such other high-level administrators allowed by law. In appointments, voting shall be cumulative under Chapter B section 18 (II.B18).
    Hirings within agencies shall be at the lawful discretion of the applicable manager among citizens able to pass a civil service examination, or through internal promotion.
  2. No title or office granted by the Council may be hereditary: all offices established by law shall state a definite period in terms of a number of years for which the holder of that office shall serve and whether or not they will be re-eligible. Ministries on the cabinet shall be 4 year terms, rotated such that 1/4 are to be appointed in any given year.
  3. The Republic Council, with the advice and consent of Parlaiment shall have the power to appoint Ambassadors, members of the Supreme Court, and members of the Board of Selectors by a majority vote.

  4. Supreme Court justices must be confirmed appellate court judges, or, in the case of a person who has served on three of the following merely be qualified to be a judge:

    1. The Republic Council
    2. Parlaiment
    3. The Board of Selectors
    4. The Cabinet

    Members of the Supreme Court shall serve for the term of their good behavior once appointed and confirmed.

  5. Council and Parlaiment members may not be appointed minister or to any other appointable office, with the sole exception of the Prime Minister, until they have been retired from office for at least three years or have been retired one year and are ineligible to run again.
  6. If any seat on the Republic Council or in Parlaiment becomes vacant before the time of its next election due to the death, disability, insanity, resignation, permanent absence, or impeachment of a member, the members in Parlaiment of the party of the absent member shall appoint a new member to serve until the next election, and in the next election the 5th person elected assigned to that seat for the remainder of the term with the same number of cumulative votes (if on the Council). However, members appointed in this way shall not be eligible for the post of Prime Minister.
  7. The Board of Selectors shall have the power to appoint a staff for the selection of consensus committees, and to make rules for their a actions and the actions of their staff. Likewise, all ministers shall have a similar power regarding their own staff and shall have final authority over all firings in the ministry, subject to the override of the council.
  8. The Council shall have the power to impeach executive appointments, Prime Ministers (in their sole capacity as Prime Ministers), members of Parlaiment, and members of the judiciary. A majority of the whole number must impeach to send it to a Parlaiment for conviction by a 2/3 majority. The standard for impeachment is any felony committed during the term of office, except for Selectors and Ministers, who may be impeached for violating the constitution NEWor causing the abrogation of any treaty in addition to the usual standard.
  9. Parlaiment shall have the power to impeach members of the Republic Council (and Prime Ministers in that capacity), for trial before the Supreme Court, which shall also try members of Parlaiment.
  10. The Supreme Court shall review all impeachments convicted in Parlaiment to determine their constitutionality, Parlaiment or the Republic Council (whichever was not home to the member impeached) shall likewise review the convictions of the Supreme Court.
    If an Impeachment or conviction is found to be unconstitutional for reasons other than the non-impeachability of the offense, the impeaching body may re-impeach at their convenience.

  11. Judgments in impeachments shall be limited to any or all of the following, as the convicting body sees fit:

    1. removal from the particular office impeached
    2. revocation of the salary of said office
    3. disqualification from any future appointed office
    4. disqualification from any future elective office

    However, impeachment shall not prejudice any criminal prosecution.

  12. In case of the incapacity, inefficiency, misconduct, mismanagement, or disobedience of any minister or staff member not sufficient to reach the standard of Impeachment: the Council, or the Council with the advice and consent of Parlaiment if the member having appointed the minister, or any other group with standing to object to an override under Chapter H section 2 (II.H2) objects; upon the request of the Prime Minister with a majority of the cabinet, by a 2/3 majority of the council, or upon the receipt of a 3% petition, shall have the power to subject that minister or administrator to a referendum on recall at the next election.
Copyright 2000 Jack Durst, Last modified 2/11/2002 1:36AM PDT