I. Introduction

Herein will be described a modified parliamentary federal republic, intended to enshrine the Hamiltonian principles of the meritocracy without an hereditary aristocracy.  It is parliamentary in that some of the executives are chosen from among the legislators.  It is federal in that it seeks to decentralize as much as possible, keeping only for the central government those powers necessary for the general welfare.  It is republican in that the polity elects representatives to manage the affairs of government indirectly.

II. Citizenship

The Nation shall consist of three classes of people.

A. Residents

Any person living within the sovereign territory of the Nation and paying apportioned taxes shall be considered a Resident of the Nation.  Those who fail to pay taxes will be considered illegal aliens, and shall be subject to debtor's prison or deportation.

B. Citizens

A Resident who meets certain requirements will become eligible for Citizenship.  Once eligible, the Resident must fulfill certain obligations in order to receive and maintain Citizenship, which is the right to exercise General Franchise.

An eligible Citizen must demonstrate civic awareness through regular Civic Examination, and civic participation through regular service as a petit juror.  At the time of a General Election, an eligible Citizen able to demonstrate Residency (i.e., that he is current on required tax payments), successful Examination, and current jury service, may exercise his right of General Franchise.  Might we require that failure to vote automatically revokes eligibility?

C. Patricians

An eligible Citizen who meets more stringent requirements will become eligible for Patrician status.  An eligible Patrician must also fulfill obligations of Civic Examination and jury service in order to maintain Patrician status, which is the right to exercise Restricted Franchise.  In the case of Patricians, jury service must be met by participation in grand juries.

D. Eligibility Requirements

In general, Citizen or Patrician eligibility shall be determined by a specified amount of service to the Nation within a given period of time.  While any given activity may be used towards either eligibility, the Patrician requirement will always be greater than the Citizenship requirement.  For example, a Resident may become an eligible Citizen by completing a single tour of active Federal military service, but need a full career retirement from the active military to become Patrician eligible.

All active serving regular military are eligible Citizens for the duration of their service.  This does not apply to activated Militia.  At the completion of active service, the fact of that service will maintain future eligibility as in the above example.  Extended service in the Militia will provide eligibility for Citizenship.  Extended Civil Service will provide eligibility for Citizenship.  Militia and Civil Service do not count towards Patrician eligibility.

Individual Counties (c.f. Administration) shall be assigned a set number of hours of eligible service annually, on a proportional basis according to the most recent census to dole out on activities as the municipal administration sees fit.  Such jobs as fire fighter, police auxiliary, or general community service would be examples of eligible service.  Not all activities would be equal: an hour on the sandbag line in the middle of a hurricane would be worth more than an hour of crossing-guard duty.  Declared disasters or emergencies could provide additional service opportunities; e.g., a FEMA-style disaster relief would look for local volunteers who would then earn hours (separate from the County allowance) towards eligibility.

The Federal government may offer eligibility for Citizenship or Patrician status for performance of certain jobs deemed to be of National significance (e.g., deep space mining).  The Federal government may also offer limited or lifetime eligibility for either Franchise to be given with awards of merit as created by the Legislature.  This would be somewhat akin to an aristocratic lifetime peerage, and would be given for things like Medals of Honor, Fields Medal, Nobel Prize, and so forth.  The Assembly may create awards with Citizenship eligibility, limited or lifetime, subject to approval by the Senate.  The Senate may create corresponding Patrician awards, subject to approval by the Assembly.

Active participation in a recognized professional or academic society will provide eligibility for Citizenship.  Recognized professional or academic societies may be granted a number of reserved membership spots, as created by the Senate and approved by the Assembly.  Eligible Citizens who are elected or appointed by the society to those reserved spots are automatically eligible Patricians for as long as they maintain that reserved status.

A patent or copyright holder (individual, rather than corporate) who earns a certain amount in total royalties will be eligible for Citizenship, or for Patrician status after a greater sum.  In the case of corporate patents, for the eligibility award to be realized, individual contributors must be named on the patent as filed.  Royalties will be divided evenly (or according to an agreement filed along with the patent) in order to determine eligibility for those named.  Misrepresentation of contributors on a patent (e.g., the Chairman of the Board is listed although he personally made no contribution towards the invention) shall be grounds for voiding the patent.

An eligible Citizen may purchase Patrician eligibility outright (for a fixed period of time).  This provision exists to allow the financial leaders, captains of industry, and major entrepreneurs to be represented among the meritocracy.  Eligibility payments must be made in fully disclosed and traceable funds.  This ensures that such a payment can not be a gift from another.  An eligible Patrician may purchase that status for his immediate family members, but the price increases significantly for each additional purchase.

Citizen and Patrician eligibility and status are non-transferable; in particular, they are not hereditary.

Since a large variety of service-eligible activities will be available, there is literally no minimal age under which a minor Resident might not be able to meet eligibility requirements and pass Civic Examination.  Minors are exempted from the jury requirement for exercising Franchise.  A minor is considered to have achieved majority status upon the completion of his first electoral participation.

Franchise eligibility of any kind (including from lifetime awards) is revoked for a felony conviction.  A convict may begin to regain eligibility after serving his sentence, subject to a delay corresponding to the seriousness of the crime.  A Resident may begin to work towards eligibility immediately after completing a sentence for a minor felony, but a significantly major felony might make the Resident ineligible for life.  Should a Pardon later be issued, eligibility will be determined as though the intervening time between conviction and Pardon did not occur.  This allows the possibility that a Resident is convicted, performs eligible service during incarceration, is later pardoned, and then is immediately eligible due to the service performed while in prison.

Franchise eligibility is similarly revoked for any plea of incompetence at a criminal trial (e.g., an insanity plea).  Note that this revocation is merely for having entered such a plea, and does not in any way depend upon the finding of the court or jury.  The reasoning is that Franchise is available only to those who are responsible for their own actions and have not demonstrated that their actions are inimical to society at large.

For the sake of clarity, an eligible Citizen or eligible Patrician refers only to someone who has met the corresponding service or other requirements.  Any reference to a qualified Citizen or Patrician implies a person who is current on Examination and jury service, and who could cast a ballot at that very moment were an election to be held.

After the ratification of the Constitution, which shall enumerate all eligibility requirements for either Franchise, the procedure for adding additional methods of eligibility will be very restrictive.  It is a basic assumption that the overwhelming tendency of Society will be to make enfranchisement easier, and the Constitution will try to prevent just that.

E. Lobbyists

A Lobbyist is a special class of Citizen.  A Lobbyist is chosen to represent the concerns of a particular organization to the Legislature.  As such, a Lobbyist is choosing to represent the opinions of somebody other than himself to the Legislature.  Only a qualified Citizen may be a Lobbyist, but that Lobbyist may not exercise personal Franchise for the duration of his service in that capacity.  All Lobbyists must be licensed by the House they intend to advise.  Having (temporarily) renounced his Franchise, a Lobbyist has no right to contact Legislators except through the approved lobbying venue.

If a Lobbyist is found to have tampered with a Legislator (i.e., been in contact with that representative other than through approved channels), the Lobbyist loses his license and his Franchise eligibility (for a specified period of time).  The Legislator may also be forced to forfeit his seat and his eligibility for office.  The organization represented by the Lobbyist shall be fined and have its Lobbying rights suspended for a specified period of time for such unlawful Lobbying.

If an organization is found to be using unlicensed Lobbyists this will be difficult to define, the fines and suspension of rights will be larger.  Unlicensed Lobbying is a felony offense.  An organization engaging in unlawful or unlicensed Lobbying will be barred from Federal contracts (for a specified period of time).

III. The Legislature

The Federal Legislature is bicameral, composed of the Citizens' Assembly (the Lower House) and the Senate (the Upper House).

A. The Citizens' Assembly

The Assembly stands for General Elections, and all qualified Citizens and Patricians are eligible to vote for Delegates to the Assembly.  All qualified Citizens and Patricians are eligible to run for a seat in the Assembly, subject to specified additional requirements (age, length of Residency, &c.).  A sitting representative automatically maintains his eligibility, and is exempt from the jury qualification.  He must, however, maintain the Examination qualification or forfeit his seat.

After general elections, the Assembly appoints a sitting Delegate as the head of government, known as the Chancellor, who must hold a majority of support in the Assembly.  The Chancellor appoints a Chancellory do I want to coin a new spelling here, or just use Chancellery? of domestic advisors from among the Assembly.  General elections must be called at least every four years, or within ninety days of a Vote of No Confidence.  Exceptions to the frequency requirement are allowed for States of War, Rebellion, or other Declared Emergencies.

The Assembly has the power of Impeachment; the power to levy income and other domestic taxes; the authority to maintain agencies for domestic tranquility (police, &c.); the responsibility to maintain the Militia; the authority to declare Rebellion; and the responsibility to provide advice and consent on Federal appointments, other than the Presidential Cabinet (e.g., judges and ambassadors).  Other powers?

B. The Senate

Senators are elected by the Patricians to fixed terms.  Terms are eight years, with 2-yr staggered election cycles.  All qualified Patricians are eligible to run for the Senate, subject to specified additional requirements (age, length of Residency, &c.).  No Patrician may simultaneously hold office as both a Delegate and a Senator.  A Senator is required to maintain his Examination qualification.

The Senate has the right to try impeachments; the power of the purse; the power to regulate duties and customs; the authority and responsibility to maintain a standing military, to include a navy, ground forces, and customs inspectors; the responsibility to provide advice and consent on Cabinet appointments; the authority to declare War; and the power to ratify treaties.  Other powers?

C. Campaigns

Citizens may contribute funds to the campaign efforts of other Citizens seeking election as Delegates.  Patricians may contribute funds to Senatorial campaigns.  All contributions must be in fully traceable funds and must be made public.  Acceptance of non-public or non-traceable funds by a campaigning candidate shall be grounds for revocation of Franchise eligibility, and fine or imprisonment for the contributor.

Senators represent Provinces and Delegates represent Counties, as defined below under Administration.  They must be elected by a majority of cast ballots, using a run-off procedure as necessary.  Is this necessary?  Is there a major advantage to majority vice plurality?

IV. The Executives

The Federal Executive power rests in two individuals, a Chancellor and a President.

A. The Chancellor

The Chancellor, as head of government, is responsible for managing the internal affairs of the Nation.  He is, in essence, a parliamentary prime minister without foreign responsibilities or authority.  The Chancellor nominates candidates for domestic positions, including Federal judges (except as noted below).  He has the power to grant reprieves and pardons.

The Chancellor is also Commandant of the Militia, and may direct the Militia to suppress any Rebellion as declared by the Assembly.

The Chancellor is advised by a slate of ministers for those departments within his purview, such as Internal Security, Counter-Intelligence, Law Enforcement, Justice, Labor, Home Office, Transportation, Energy, Science, Education, and Health.  This Chancellory, or Domestic Cabinet, also includes other Cabinet rank advisors, such as the Vice Chancellor, Chief of Staff, Budget Advisor, and so forth, who do not head actual ministries.  These advisors must be sitting Delegates.  They serve in the Chancellory at the pleasure of the Chancellor.  Although they are not subject to Assembly approval, in practice the Chancellor's selections will be influenced by his need to maintain a majority of support.

B. The President

The Patricians choose the Electors (see Administration, below) of a head of state, known as the President, who serves a fixed term of eight years.  The President appoints a Cabinet of advisors.  The President and his Cabinet members may not hold a Senate or Assembly seat, or any elected local office.  If the selection of President or Cabinet creates vacancies in either legislative House, the empty seats shall be filled expeditiously by special election.

The President, as head of state, determines and executes the Nation's foreign policy.  He has the power to nominate candidates for foreign positions, such as ambassadors.  Justices for the Supreme Court, as described below, must be jointly nominated by the Chancellor and the President.  The President has the sole authority to make treaties (subject to ratification).

The President is the Commander-in-Chief of the standing military forces, as well as any Militia that shall be activated for service upon a Senatorial declaration of War or other Emergency.  Federalization of the Militia is automatic in a State of War; for other Emergencies, a super-majority approval of the Senate shall be required.  The federal military may not conduct operations in domestic territory unless there shall exist a State of War or other Emergency.  Domestic operations are automatically allowed during a State of War; for other Emergencies, a super-majority approval of the Senate shall be required.

All of the above is intended to address the situation where a Chancellor declares the Senate to be in Rebellion, and the Senate and President try to suppress the insurrection using a State of War or Emergency to (a) federalize the Militia and negate the Chancellor's power, or (b) conduct active operations against the rebelling Militia units.

The President is advised by a Cabinet representing the ministers for those departments not in the Chancellory, including Treasury, Foreign Office, War, Foreign Intelligence, and Trade.  The Cabinet includes other advisors, such as a Chief of Staff, Budget Advisor, and so forth.  They serve at the pleasure of the President.  The Vice President, elected together with the President, is also considered a Cabinet rank advisor.

C. Executive Coördination

As neither executive outranks the other, there are a number of standing coördinating committees.  The principal such board is the Permanent Budget Committee.  It includes representatives from each House, and exists to resolve budget requirements from the two executives.  There is also a committee for joint intelligence, to manage the interaction of domestic and foreign intelligence requirements.  In a number of cases, ministerial bureaucracies are common, or at least integrated, between the corresponding domestic and foreign ministries.

Legislation introduced in either House must specify a requirement for approval by either the Chancellor or the President.  That executive may choose to veto such a bill.  The two Houses together can override such a veto with a super-majority.  Certain conditions will specify which Executive's approval is required; for a sufficiently complex bill, this might result in a dual signature requirement.

V. The Judiciary

The judiciary is established in Federal district and appellate courts.  Judges are appointed by the Chancellor and approved by the Assembly.  The highest court is the Supreme Court, the justices of which are jointly appointed by both executives and approved by the Assembly.  The judiciary is responsible for interpreting the consistency of laws with respect to each other and to the Constitution.  The Supreme Court is also responsible for interpreting all relevant aspects of international law (hence the Presidential involvement in appointments).

VI. Administration

A. Provinces

B. Counties

The Constitution shall specify the number of Senatorial districts, called Provinces, as well as the procedure for changing the size of the Senate and the manner in which Provincial boundaries are updated.  Each Province will be divided up into a number of Counties in accordance with the Constitution.  Each County shall elect a single Delegate to the Assembly.

Provinces and Counties shall be defined in terms of number of Citizens.  Since completely proportionate representation is impossible, and even closely proportionate representation would require nearly constant redistricting, these definitions will be somewhat inexact.  Citizenship will be counted based on some sort of average of a certain number of prior censi.  (Note: since the burden is on the Citizen or Patrician to maintain his own status, annual census registration is a condition of Citizenship, thus censi are fairly easy to take.)  Counties will be constrained so that the smallest County (in terms of Citizenry) is no smaller than 80%? of the largest.  Counties may be redistricted by the Assembly about once every ten years.  Provinces will be allowed greater flexibility in variation from smallest to largest, and will only be redistricted by the Senate about once a century, or by special measure probably requiring a super-majority of some type.

The Senate may create up to a certain number constrained to be no more than, say, 10–15% of the number of Provinces of Reserved seats in their House.  These seats, upon approval by the Assembly, will be offered to specific organizations for representation.  For example, the Senate may create, and the Assembly may approve, three seats for the Academy of Sciences.  The Academy may then, in a manner of its own choosing, appoint three Patrician members to sit in those seats for the time specified by the creating patent.  A Reserved seat may not exist for more than half the duration of an elected Provincial term (four years as stated here).

Example:  Take the Solar system with a total population of about a billion people on Earth, and less than a hundred million more total off-planet.  The Senate would contain about 200 Provincial seats, and maybe 20 more Reserved seats.  Each Province would thus represent between 2 and 10 million residents, with the average around 5 million.  Each Province would consist of between 2 and 10 counties, each representing a million residents.  More importantly, we would expect about 400–500,000 Citizens and no more than 50,000 Patricians per County.  The total size of the Assembly would be about 1,000 seats.

If the total population of Mars is a few million, it would be a single Province of only a couple of Counties.  New York City, on the other hand, could be a single Province of five or six Counties.

Special exemptions to the proportionality requirements must be approved by both Houses, and must be temporary in nature.  For example, an undersized Province for all non-planetary extrasolar residents may be created, representing only a few hundred-thousand residents; both Houses would have to approve that Province and its single County; the Province might be reviewed in twenty years or at the next Senatorial redistricting (whichever comes first), and the County might be re-examined after five years or the next Assembly redistricting (whichever comes first).

A special exemption may also allow for the creation of an unincorporated County.  For example, if there are only a few hundred thousand residents of all outer system territory, there are not enough to create a Province, and not really enough for a standard County either.  There shall never be more unincorporated Counties than the number of Counties in the smallest Province.

A Province that cannot muster a specified minimum number of registered Patrician voters for a Senatorial election loses its representation for two years, until the next round of Senatorial elections.  A County that cannot muster a specified minimum number of registered Citizens for a general election may not send a delegate to the Assembly until some conditions TBD are met.

Provinces are the municipal administrative unit of government.  Each province may have its own charter, subject to Constitutional limitations, establishing its own governance, aspects of its own civil law, its own local tax structure, and so forth.  Municipal elections are defined by the Provincial charter.  In particular, Provinces may allow resident non-Citizens to participate in municipal elections.  They may also further delegate certain authorities to the Counties.  Each Province is required to maintain the Militia units assigned to it by the Assembly (and the Senate may require the Assembly to maintain specific Militia units as being necessary to National Security, but the location of those units is up to the Assembly).

For Presidential elections, each Province is assigned a number of Electors equal to its total number of Legislators, that is one Senator plus one for each Delegate.  Those Electors, once chosen, select a President by simple majority.  If a majority of Electors can not agree on a President, the top three candidates shall be considered by the Senate, and a President chosen by a plurality of that House.

In practice, Electors will cast their ballots in Provincial blocks, thus aggregating the Patrician votes and magnifying individual voting power.

VII. Economy

The economy of the Nation shall be based on market capitalism. Industry and government will actively coöperate on the development of policy for long-term economic stability and growth.  Combined councils of academic and industrial representatives will advise the Federal ministries, subject to the same level of openness as shall be deemed appropriate for purely government deliberations.

This section needs to be fleshed out, but think something along the lines of the Japanese Ministry of Economy, Trade, & Industry.

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