Should this be put on the next Clark in April?

I see that this did not make it to the most present Clark. In which case, may I offer two changes?

First, that the Ziu may not elevate to the throne any person who has not been a citizen of Talossa for 6 consecutive years at least.

Second, that such choice be ratified by the nation in referendum, but by three fifths of those voting (instead of a mere majority).

Micked.

A Senator vacates their seat if, unless prevented from doing so by the provisions of III.2 above, they fail to vote on two consecutive Clarks; or if they resign from office, lose their citizenship or die.

I strongly dislike referential phrases like this. What if III.2's text changes later? It adds unnecessary complication; it's best to write what you want where you want it.

Also, I do personally support nonpersonal or nongender pronouns, but if we remove 'he' and 'his' in this clause, it would not be uniform with the rest of the OrgLaw. If we want to make each section gender-neutral, then we should amend the whole document together and not piecemeal.

Accordingy, may I suggest the following changes?

A Senator vacates his seat whenever he, having had both the right and the qualification to vote in the Senäts, may have failed anyways to do so on two consecutive Clarks; or whenever he may resign from office, lose his citizenship, or die./quote]

I would seek to introduce it formally in the Nimlet once sufficient time has passed for public comment. Maybe another month or so? It also depends if we can work out all the quirks, questions, and criticisms that folks may have.

With respect to the veto powers of the Constable: the Organic Law requires that the Constable have substantively the same powers provincially as the King has nationally. Therefore, it would be inOrganic to remove the veto powers and we must include them.

As for the election of the Governor: Option B is the current mode of selecting the governor, i.e. the Nimlet makes the appointment by resolution. Personally I prefer the proposed mode (duh, I wrote it). But why?

There is an incredible tendency of Talossa politicians to disappear and reappear intermittently without reliability or consistency. This applies also to the King, and even now the office of the Constable is entirely vacant. No matter whether the causes are benign or understandable, this is a reality of our nation. Therefore, should we not have some flexibility in the province? Should we not acknowledge this reality and reach a compromise between what we want and what we have?

I argue that because of this reality we should allow that the Governor be appointed freely by the Constable, in order that the good gears of government continue to turn rather than grind to a halt only because either the Governor or the Shepherds (or both) abandoned their duties. As a practical matter, then, how do we reign in or prevent abuse by the Constable in these appointments? Well, the Governor can be removed by a Resolution of Confidence. If the Constable appoints a sycophant or the like, then the Nimlet can force the matter and insist constitutionally on another person.

Less democratic? Maybe less so than a direct election of the Governor, yes. But it is practical.

---

Constitution of the Province of Florencia
Proposal in the Year of 2020/XLI.
 

Preamble

We continue to be pioneers.

In 1982 a blind imperialist land grab brought under Talossan control the place which we now call Florencia. This land grab created one of our now-sister provinces, for which a constitution was ratified even though no Talossan yet lived within its boundaries.

In 1990 the first Talossan settled the southern canton of that province, which had been named Florencia in honor of the former Talossan head of state, Queen Florence. The settler found that the area was different from the northern half of the province, and was a place with a character all its own. Relationships developed with the local Cestours, and what had seemed to be a Talossan frontier six months earlier was now turning into a home. Things began to take root, and along with them came change.

In 1996 Florencians moved out of the shadow of our parent province and established the right to operate on our own terms. We struggled with dark forces that sought to upset the balance in the kingdom and leave a mark on our new homeland, but we prevailed.

In 2002 Florencia established a constitution that lasted all nine years through the many crises that our beloved province and kingdom had survived, separating our population from one another and devastating our local presence, but not our provincial pride.

In 2011 we adopted a new constitution, with heads held high and beliefs held strong, in order that we could continue to preserve life, liberty, and the safeguard of law.

Finally now, in 2020, we have wrought a new chapter in the history of our beloved province as well as a better government for our people, who will preserve the unique character all its own of that old southern canton.

Just as Talossa is more than the sum of its parts, so too is this province.

¡Viva la Florencia!
 

ARTICLE I. THE PROVINCE.

Section 1. Style.

The style of this province is The Province of Florencia, or in Talossan “La Provincù Florencia”.

Section 2. Territory.

The province consists of and claims provincial sovereignty over all such Talossan territory as follows: from the Milwaukee River along North Avenue to Prospect Avenue, then along Prospect Avenue southwest to Lafayette Street, then along Lafayette Street northwest to Farwell Avenue, then along Farwell Avenue southwest to Brady Street, then along Brady Street west to Warren Avenue, then along Warren Avenue north to, and then along, the footpath below Boylston Street leading to the foot bridge across the Milwaukee River.

Section 3. Claim.

All lands and islands man-made or naturally forming in Florencian territorial waters are irrevocably part of the provincial territory.

Section 4. Capitol.

The provincial capitol is the Landmark Building located on the corner of East Kenilworth and North Farwell Avenue, the home of a bar, a bowling alley, a corner shop and the Oriental Theatre.

When either the Governor, a Senator for Florencia, or the Constable be an actual inhabitant within the territorial borders of Florencia, and during such inhabitation, the domicile of the first person so enumerated shall be considered the focal point of the province and be honored as the provincial capitol; and the domicile shall be known as the Manor of the street at which it stand, for example “Irving Manor”.

Section 5. Language.

The recognized languages of Florencia are Talossan and English, but both French and Frenglish shall be respected and willingly promoted.

Section 6. Constitutional Primacy.

This Constitution is and shall be always the ultimate law of the province of Florencia, subject only to the supremacy of the Organic Law of Talossa, and no law shall be enacted or enforced which contravene them.
 

ARTICLE II. SYMBOLS.

Section 1. Flag.

The provincial flag of the Florencia is a banner in dimensions five by the hoist to eight by the fly, and is so blazoned as follows: Azure a Florentine fleurs-de-lis Or in chief three barrulets of the same.




Section 2. Seal.

The provincial seal of Florencia is so blazoned as follows: On an oblong disc Azure a Florentine fleurs-de-lis all within a bordure Or inscribed with in chief the word “FLORENCIA” and in base the phrase “1996 XVII” Azure.




Section 3. Anthem.

The provincial anthem is the song “Built A Little Empire” by They Might Be Giants. The same is and shall serve as a reminder of the origins of Florencia.
 

ARTICLE III. GOVERNMENT.

Section 1. The Constable.

The Sovereign of Talossa is represented in the province and attends to provincial affairs through a Constable, or in Talossan “Cunstavál”, who shall be appointed in accordance with the Organic Law.

If the office of the Constable be ever vacant or generally unattended, the Governor shall petition without delay that the Sovereign appoint a new Constable and shall repeat this petition so often as may be necessary to effectuate the appointment.

The Sovereign shall assume all powers and duties of the Constable while the latter office be vacant.

Section 2. Senators for Florencia.

Florencia shall have equal and fair representation in the Senate of Talossa, in accordance with those procedures or qualifications determined by the Organic Law or other laws of Talossa; but none shall be so elected, nor continue to serve as a Senator for Florencia, who be not a bona fide citizen and a qualified resident thereof.

A Senator for Florencia shall be responsible to the people of the province for the exercise of his powers and duties, in addition to those laid down by the Organic Law; and, in order that an active and thoughtful dialogue be kept with the Nimlet, especially regarding issues of provincial concern, shall have by right of such office one mandatory and equal seat in the House of Shepherds.

If a Senator for Florencia choose to vacate any seat which he may hold in the House of Shepherds, the same shall be construed as resignation from the office of Senator.

Section 3. The Nimlet.

The legislative powers of Florencia shall be vested exclusively in the Nimlet, which shall consist of the Constable and a House of Shepherds.

Those citizens of Florencia, who be according to the Organic Law and other laws of Talossa a qualified elector of a Senator for Florencia, shall be at the same time a qualified elector of the House of Shepherds and in provincial referenda.

Each member of the House of Shepherds is known in Talossan as a “Pastour”; and, in order to hold or keep any seat in that place, shall be neither the Constable nor the Sovereign and remain a qualified elector of Talossa in good standing.

Section 4. Provincial Elections.

Unless the Nimlet have passed a resolution to the contrary which be limited to one election or referendum at a time, the Chancery of Talossa shall conduct each provincial election or referendum of Florencia as a matter of right, and this clause is for all intents and purposes a perpetual request to the Chancery for the same; provided that the Constable shall be responsible for this duty if the request be refused in good faith or the Chancery be practicably and actually unable to fulfill it.

The House of Shepherds shall be elected all at once for a term concurrent with that of the Cosa of Talossa, and the election for them shall be coincident with the General Election of the same, to be held on the same day in the same manner at the same times and places.

A qualified elector for the House of Shepherds shall exercise such vote by written ballot and indicate thereon an exclusive preference for one political party or, if without a preference, shall participate by abstention and indicate thereon the word “Present”.

Section 5. Composition of the House of Shepherds.

Whichever authority shall have conducted a provincial election for the whole House of Shepherds, either the Chancery of Talossa or the Constable of Florencia, shall publicly and at the same time, but not later than the tenth day following the certification of the same election:

   (a) Determine and fix the total number of seats for the new term of the Shepherds, which number shall be equal to the number of ballots returned in the election, less those returned and indicating “Present”, plus one additional seat for each incumbent Senator for Florencia, plus one additional seat for the Governor;

   (b) Apportion among those political parties, which have received votes in the election, their respective proportional share of the number of remaining seats with respect to their electoral performance, after the assignments to the Senators and Governor; and

   (c) Fix the date for the commencement of the session of the new Nimlet, to be not later than the thirtieth day following the aforesaid certification.

Before or at the commencement of the session of a new Nimlet, and again at any time during the same session, the commonly recognized and known leader of a political party which be entitled to any number of seats in the House of Shepherds shall assign the same in any whole number without personal limit, but only to bona fide citizens of Florencia who remain qualified residents thereof; and such assignments shall be made publicly, given to the Governor of Florencia, and maintained in good faith by him.

Those seats which remain unassigned by a political party shall remain vacant until such assignment be made and received by the Governor.

Those changes by party leaders in the seating assignments, which have been effectuated during a pending resolution of the Shepherds, shall have no effect on the matter; and those votes yet made or already made may be altered before a deadline only by those persons who have held the same seats originally.

If there be a ripe and unmoot controversy with regard to the actual assignment of seats of the Shepherds, the same shall be adjudicated in first instance by the Constable alone; and if a party to it be unsatisfied, an appeal may be made directly to the Uppermost Cort of Talossa, provided that the remedy of the Constable remain in effect until or unless the said court render a judgement.

Section 6. The Governor.

The executive powers of the province shall be vested in a singular Governor, or in Talossan “Governadéir”, who shall:

(a)Be the presiding officer of the House of Shepherds, and have by right of such office one mandatory and equal seat there;

(b)Resolve all parliamentary questions in the House of Shepherds, and take care that their business be undertaken in good and honorable manner;

(c)Keep and make publicly available the text of all laws of Florencia, in conjunction with the Scribery of Talossa;

(d)Take care that the laws of Talossa and Florencia be enforced faithfully; and

(e)Represent the province in any and all judicial actions to which it be a party.

He may declare the continuation of the current Nimlet through any single General Election whenever the same be occasioned by the premature dissolution of a Cosa, but only if such declaration be made within one week of the aforesaid dissolution; and no such continuation may be made for two consecutive General Elections.

If the Governor choose to vacate any seat which he may hold in the House of Shepherds, the same shall be construed as resignation from the office of Governor.

Section 7. Appointment of the Governor.

Whichever citizen of Talossa may have the Confidence of the House of Shepherds shall be appointed without delay by the Constable to serve as the Governor of Florencia; but, before he enter upon the powers and duties of the office, the Governor-designate shall sing the provincial anthem as his oath of office in witness of the Constable at least.

The appointment of the Governor shall last until he resign or die, or unless the Constable remove him for such good cause as established by law, including nonfeasance upon clear and convincing evidence.

No person shall be the Governor unless he enjoy full civil liberties and be in good standing among the province, nor unless he have served as a member of the House of Shepherds for the whole duration of a previous term, as a member of the Cosa of Talossa for four months at least, or as a Senator for one month.

The office of the Governor of Florencia shall be also incompatible with the Sovereign, that of the Constable, that of any judicial official of the province or Talossa, and that of any Senator, whether for Florencia or another Talossan province.

Section 8. With Respect to Vacancies of the Governor.

Whenever the office of the Governor be vacant or generally unattended, then the longest-serving or, in the case of a tie, the eldest member of the House of Shepherds shall assume the powers and duties thereof as Acting Governor, until the Constable shall have duly appointed and installed a successor.

The Constable shall prefer for appointment as the Governor those who be bona fide citizens of Florencia; and none else shall be so appointed, until the eighth day following the cause of vacancy.

Section 9. Governor to Maintain Confidence of Shepherds.

The first order of business in the House of Shepherds, following the commencement of a new session, shall be by resolution the affirmation of their Confidence in the sitting Governor, though these Resolutions of Confidence may be introduced at other times.

Welcome back Senator del Val

I never left!

Why should the governor be name by the King or some random guys name by the king?

This is why I'm republican and not you...you seems to always protect the monarchy...

For the Senat of course the people most vote for the senator... I was talking about vacancy.. between two elections...
Again you seems to protect the royal power of the king or some random guys name by him to name a interim senator.

It's a shame to learn that a draft consitution is written behind close door...
Why theirs is not a committee name by the Nimlet to do so?

Mximo

Do you remember me at all, sir? You and I worked together last year in the Nimlet to merge Florencia with Fiôvâ. I have been begging that the FreeDems adopt an explicitly republican platform since I was naturalized.

I think you have confused me for someone else.

And in any case...

IV.10 says: "If a Senator vacates his or her seat before the end of the term, the executive of the province shall appoint a Senator to sit until the next General Election or the next provincial election in that province, whichever is sooner, at which time the people of the province shall elect a Senator to serve the remainder of the term. If the provincial executive fails to appoint a Senator within a fortnight of the vacancy, the King or his Cunstavál shall appoint the Senator."

I'm not protecting the royal power of the King. In fact, it is the choice initially of our Governor to make the appointment; the King (or really the Constable) is not even involved unless the Governor is absent from duty. I'm sorry to bear the message, but it would be inOrganic on the part of Florenica to hold a special election, though I would be glad to support an amendment to the OrgLaw changing this.

"Closed doors" is a bad metaphor. Very well I intend to introduce the draft publicly for comments, feedback, tweaking, and so forth. It is standard practice to seek peer editing before public announcement.