UASR Constitution Planning Thread

[Aelita]

Okay. Please tell me that the judges are appointed and not elected.

Edit: Also, what's with the distinction between the Legislature and the Government? I don't think that distinction really exists in America

At the federal level, they are all appointed. But at lower levels of government, just like in IOTL, there will be a diverse range of methods for selecting the various judges, including direct elections.

The distinction is vague, but it does exist ITTL's America. America has had about 20 years experience with parliamentarism due to the constitutional crisis created by the existence of three electorally viable political parties.

 

[Archangel]

I'm a bit late on the reading, but the election methods look good to me, better than OTL.

 

[Cylon_Number_14]

For the Council, you divided the members into 4 groups... does that mean that the People's Congress has to appoint members every two years? That would seem a bit tedious to me. Every four years would be better, I think.


But.... I'm glad you brought in Mixed Member Proportional voting from Germany! That, I think, is the best system for a geographically spread out country like the UASR, but still allows for multiparty democracy.... what would be the Threshold though? And how will you avoid the gerrymandering of districts that so plagues OTL USA?

 

[Once]

I'm not sure that this constitution is quite socialist enough. With a few minor alterations, it could be the constitution of a particularly progressive capitalist state.

I'm sure you've looked at the various constitutions of the USSR, and I'm wondering why you decided to tone down the socialist rhetoric so much? I would think that they would both engage in some heady, perhaps politically unwise socialist rhetoric.

 

[Aelita]

Well, there is still more to come. The sections posted so far just describe the operations of the state.

 

[Aranfan]

The distinction is vague, but it does exist ITTL's America. America has had about 20 years experience with parliamentarism due to the constitutional crisis created by the existence of three electorally viable political parties.

Having read the timeline, I have to say the distinction probably wouldn't exist. In America, "Government" means any organ of the state, from the courts to the police to the toll booth to the legislature. A closer relation between the Executive and Legislative branches for 20 years won't be near enough to change this.



Edit: Also, do you have any more of the Basic Law ready yet? If so, I would be eager to see it.

 

[Aranfan]

Here's an altered Preamble, which stresses continuity with the USA. I was inspired to make this while reading about how in Jello's TL the first rift between the UASR and the USSR came when Stalin disparaged the UASR government for allowing counter-revolutionaries to organize by sticking to its Constitution.

We the People of the United States of America, having found the Bourgeois government irreconcilably destructive to the Natural Rights of the Common Man, are compelled to alter it, instituting new Government to secure the Natural Rights of Liberty, Democracy, Justice, and Socialism for ourselves and our Posterity, to that end we submit for Ratification this Amendment, establishing Basic Law for a perpetual and indivisible Union of American Socialist Republics.

Edit: What do you think?

 

[The Sandman]

Crazy thought: why not make the central legislative body tricameral? One house for districts, one house for states, one house for the nation as a whole (and from which the Prime Minister/Premier/whatever would be drawn)?

It might help reinforce a sense of change in that the role of the executive, played by a single man voted into office by the entire population of the US, has been superseded by a legislative body in which every member is voted into office by the entire population of the US.

 

[Aelita]

Crazy thought: why not make the central legislative body tricameral? One house for districts, one house for states, one house for the nation as a whole (and from which the Prime Minister/Premier/whatever would be drawn)?

It might help reinforce a sense of change in that the role of the executive, played by a single man voted into office by the entire population of the US, has been superseded by a legislative body in which every member is voted into office by the entire population of the US.

Marxists, though, have always favored unicameral parliaments, or at the very least systems which place the bulk of legislative and executive authority into the popular house. This has to do with the unity of legislative and executive functions favored by Marx in The Civil War in France, as well as a means of avoiding "bourgeois" proceduralism.

 

[Aranfan]

Marxists, though, have always favored unicameral parliaments, or at the very least systems which place the bulk of legislative and executive authority into the popular house. This has to do with the unity of legislative and executive functions favored by Marx in The Civil War in France, as well as a means of avoiding "bourgeois" proceduralism.

Hmm, what did Marx have to say about Judicial Review?

And what do you think of my preamble?

Edit: And how is the UASR going to effect the USSR 1936 Constitution?

 

[Aelita]

Hmm, what did Marx have to say about Judicial Review?

And what do you think of my preamble?

Edit: And how is the UASR going to effect the USSR 1936 Constitution?

As far as I know, nothing. It just wasn't a part of the political landscape in which he was writing. It was fairly peculiar to the United States in the 1800s.

I like it. I'm going to have to bunker down and finish the Basic Law in it entirety eventually.

The effect will be minor, and probably not relevant. The Stalin Constitution really just existed to legitimate the Communist Party's dominance of the state.

 

[Aranfan]

As far as I know, nothing. It just wasn't a part of the political landscape in which he was writing. It was fairly peculiar to the United States in the 1800s.

Hmm, anything that would give indications on what he might have thought?

I like it. I'm going to have to bunker down and finish the Basic Law in it entirety eventually.

Thank you! If I may make a suggestion, instead of having "loud" rhetoric in the Basic Law, use "soft" rhetoric. Have the political philosophy of Communism/Socialism be present as an almost unstated assumption which guides the language and the laws, as opposed to yelling it from the roof. A Constitution isn't a soap box, it is a framework of powers and limits. The Constitution of 1787 wasn't made to trumpet a philosophy, it was made to be a practical framework for governing a people based on that philosophy. Ultimately, the best propaganda for the political philosophy found in the Declaration of Independence and the Constitution of 1787 is the sheer success of the USA. Let the success of the UASR be the propaganda of the Basic Law's philosophy.

The effect will be minor, and probably not relevant. The Stalin Constitution really just existed to legitimate the Communist Party's dominance of the state.

Hmm, I wonder how that will go over in the UASR, considering his remarks about respecting Constitutions.

 

[Julius Vogel]

I like the ambition of your task

One thing I'd note is that at least until recently (Canada I think may have diverged with their Charter) Westminster style parliamentary democracies tend to be rather minimalist with consolidated constitutional documents. In that the exact division of powers, the authority of the head of government or head of state etc are all usually defined elsewhere, usually by convention (i.e. practice) rather than specific law. Similar rules would go for the Courts as well - which are usually deferential in this model, although this deference is never expressly mentioned in law

However if your proposed UASR is still a constitutionalist state, rather than a parliamentary supremecy state, then disregard!

 

[Aranfan]

However if your proposed UASR is still a constitutionalist state, rather than a parliamentary supremecy state, then disregard!

You have to remember that the UASR is America, and that means we expect our government to have accountability. If not to the people specifically, then at least to the principles upon which it is run. American political culture, if nothing else, will demand a Constitution that addresses all those vital points (which doesn't mean it has to be long, the 1787 Constitution is one of the shortest in the world), and will further demand that the Constitution be given due respect.

 

[The Sandman]

Another thought for how the legislative body might be organized: the lower house is elected by a vote from the entire country.

The upper house is elected from the various councils.

The way the upper house would work is that you would start with a local council, in which you have direct democracy (everyone votes on everything). Each one of those local councils chooses one member to send to the next tier, which serves a grouping of local councils (roughly equivalent to the county level). Those councils in turn choose someone from among their number to send to the state/province tier councils, and the state/province tier councils choose someone from among their number to send to the national council. The national council may or may not then send one of their own on to the International Council.

What the syndicalists are likely to push for is some equivalent setup by which you elect representatives from local workers cooperatives to a series of successively larger tiers until you have representatives from the workers cooperatives seated in a national council. They might push to have seats in the upper house, or they might push for a completely separate house; I'm not sure which.

 

[Aranfan]

Jello, you said in one of the other threads that the UASR Basic Law would draw it's Federalism from the USSR. Why? The USA has a much richer tradition of Federalism to draw upon.

 

[Aranfan]

After doing some research and hard thinking, I have come to the conclusion that you've gimped the President too much. He should keep the overturnable veto.

The President gets an overturnable veto, this is a pretty entrenched part of American political culture.


As to saying that Marxists would want a weak president, Upton Sinclair shot that to hell when he seated the Democrats in the Provisional government during the Revolution.

 

[Aranfan]

Article 1

Section 1

All legislative powers herein granted shall be vested in the All-Union People's Assembly, which shall consist of a Congress of People's Deputies and Council of the Union.

Executive Power shall be vested in the Central Committee of the Union of American Socialist Republics and in the President of the Union.

Section 2

One Half of the People's Deputies shall be elected from single-member constituencies, to be districted among the Republics according to population after each Census, which shall continue as under the previous Constitution.

The Other Half of the People's Deputies shall be elected from National Lists by the whole people during General Elections. The uniform rules concerning the manner and number of apportionment shall be a matter of federal law.

In the case where a seat should become vacant because of retirement or death, the manner of replacement shall depend on the seat. If elected from a constituency, a by-election shall be held. If apportioned from National Party Lists, then the replacement shall be chosen from that list.

Voting shall be direct, free, and equal with secret ballots. Each voter shall cast two ballots during General Elections, one for their constituency and one for the National Party Lists.

General Elections shall be held every five years, however, in times of war a General Election may be postponed for a maximum of two years with the consent of both houses. New elections shall be held within sixty days of dissolution of the chamber. The Congress of People's Deputies shall convene no later than the thirtieth day after the election. The Congress of People's Deputies shall determine when its sessions shall be adjourned and resumed, but may be called to reconvene if the Speaker calls for convention. He shall be obliged to do so if one third of the members, the Premier or the President of the Union so demand.

The Congress of People's Deputies shall elect its Speaker and all other officers, and adopt its rules of procedure.

All acts of the Congress of People's Deputies shall require a simple majority of votes cast unless this Basic Law otherwise provides.

Section 3

The Central Committee shall consist of the People's Secretaries and be presided over by the Premier, who shall serve as First Secretary, elected from the membership of the Congress of People's Deputies. The Central Committee shall be a constituent organ of the Congress of People's Deputies.

The Premier shall be elected by the Congress of People's Deputies without debate, holding the confidence of a majority of People's Deputies. The President of the Union shall appoint the People's Deputy so elected. If no person can hold the confidence of the Congress of People's Deputies, the President of the Union shall dissolve the Congress of People's Deputies.

The People's Secretaries of the Central Committee shall be elected by the Congress of People's Deputies upon the proposal of the Premier, and shall be appointed upon election by the President of the Union.

On taking office, the People's Secretaries shall be take the following oath of office:
I do solemnly swear (or affirm) that I will support and defend the Basic Law of the Union of American Socialist Republics against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.

Command of the Revolutionary Defense Forces shall be vested in the People's Secretary of Defense.

If a constructive motion of no confidence receives the support of the majority of the Congress of People's Deputies, then the current Central Committee must resign or be dismissed, and the new Premier appointed.

If at any time the Central Committee loses the confidence of the Congress of People's Deputies, and no new Premier has been elected on the same ballot, then the Congress shall be dissolved, and new elections held.

Section 4

The Congress of People's Deputies shall have the power to make all laws necessary and proper for carrying out the execution of the following, enumerated jurisdictions:

1. [FONT=Times New Roman, serif]Representation of the Union in international relations, conclusion and ratification of treaties with other states; [/FONT]
2. Questions of war and peace;
3. Control over the observance of the Basic Law of the UASR and ensuring conformity of the Basic Law of the Union Republics with the Basic Law of the UASR;
4. Organization of the defense of the UASR and direction of Revolutionary Defense Forces;
5. Foreign trade on the basis of state monopoly;
6. Safeguarding the security of the state;
7. Establishment of the national economic plans of the UASR;
8. Approval of the single state budget of the UASR as well as of the taxes and revenues which go to the all-Union, Republican and local budgets;
9. Administration of the banks, industrial and agricultural establishments and enterprises and trading enterprises of all-Union importance;
10. Administration of transport and, communications;
11. Direction of the monetary and credit system;
12. Organization of state insurance;
13. Raising and granting of loans;
14. Establishment of the basic principles for the use of land as well as for the use of natural deposits, forests and waters;
15. Establishment of the basic principles in the spheres of education and public health;
16. Organization of a uniform system of national economic statistics;
17. Establishment of the principles of labor legislation;
18. Legislation on the judicial system and judicial procedure; criminal and civil codes;
19. Laws on citizenship of the Union; laws on the rights of foreigners;
20. Issuing of All-Union acts of amnesty.
21. The impeachment of the President of the Union and all other public officers for official misconduct, high crimes or treason.

Section 5

The following powers are prohibited to the Congress of People's Deputies

1. No bill of attainder or ex post facto law shall be made or enforced
2. No tax or duty shall be laid on articles exported from any party to the Union.
3. No preference shall be given by any regulation of commerce or revenue to the ports of one Union Republic over those of another
4. No money shall be appropriated from the public trust except by provisions of law. Regular statements and accounts of all receipts and expenditures of all public money shall be published regularly.
5. No title of nobility shall be granted by the Union, and no person shall accept any office or title of any kind from any foreign state except upon the consent of the Congress of People's Deputies.

Section 6

The Council of the Union shall be composed of one representative of the government of each Union Republic, the manner of their choosing shall be a matter for the Union Republic, who shall serve in three staggered classes each class serving for six years.

The Council of the Union shall choose their officers, and the Deputy President who shall be President of the Council, and shall assume of the office of President of the Union on vacancy, disability or death.

The Council of the Union shall have the sole power to try all impeachments. If the President or Deputy President of the Union is tried, then the Chief Justice of the Supreme Court shall preside. No person shall be convicted but on concurrence of two thirds of the members present. Judgment shall not extend further than removal from office and disqualification to hold another office of honor, trust or profit in the Union. The party convicted shall still be liable and subject to indictment, trial, judgment and punishment according to law.

Section 7

The Council of the Union shall have the following enumerated powers:

1. To offer amendments to legislation on the floor of the Congress of People's Deputies, subject to approval by a simple majority of the Congress of People's Deputies.
2. To delay the passage of any act or executive action by Congress of People's deputies for up to three months by a simple majority vote, up to six months by a two thirds vote, and to veto legislation by unanimous consent.
3. To conduct official, independent inquiries and provide oversight over the All-Union and provincial governments.
4. To oversee All-Union elections and to provide indictments for violation of election law
5. To act as the standing legislature in times when the Congress of People's Deputies is not in session. All acts of the Council of the Union in such periods are subject to ratification by the Congress of People's Deputies upon reconvening.
6. [FONT=&quot]Confirmation of alterations of boundaries between Union Republics[/FONT]
7. [FONT=&quot]Confirmation of the formation of new territories and regions and also of new Autonomous Republics within Union Republics;[/FONT]
8. Admission of new republics into the UASR;

Section 8

Each chamber shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum; a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members.

Each chamber may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member.

Each chamber shall keep a journal of its proceedings, and regularly publish the same.

Neither chamber, during the session of the People's Assembly shall adjourn for more than three days without the consent of the other.

Section 9

Members of the People's Assembly shall receive compensation for their services, to be ascertained by law but not exceeding the wage of an average skilled worker, to be paid out of the public trust of the Union. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective chambers, and in going to and returning from the same; and for any speech or debate in either chamber.

Section 10

The President of the Union shall be elected in general, direct, free, equal and secret election, and shall hold his office during a term of four years.

The President of the Union may not be a member of the Central Committee, the Council of the Union, the Congress of People's Deputies or an officer of a Union Republic.

Orders and directions of the President of the Union shall require for their validity the countersignature of the Premier or competent People's Secretary in the case of domestic affairs, or the countersignature of the People's Secretary of Foreign Affairs in all other cases. This provision shall not apply to the appointment or dismissal of the Central Committee nor the dissolution of the Congress of People's Deputies.

The President of the Union shall have power, by and with the advice and consent of the Council of Union and the People's Secretary of Foreign Affairs, to make treaties and appoint ambassadors.

The President of the Union shall represent the Union for the purposes of international law. With the consent of the People's Secretary of Foreign Affairs, he shall conclude treaties with foreign states and accredit and receive envoys.

The President of the Union shall have the power, with the advice and consent, to appoint all judges of the All-Union Court system.

The President of the Union shall have power to veto any action of the All-Union People's Assembly and it's constituent organs, delivering his objections to the bodies in question. The All-Union's People's Assembly may overturn this veto by a 2/3s majority of the relevant Chamber.

The President of the Union shall have right to speak upon the floor of either Chamber during debate, as well as during meetings of the Central Committee, however, the President shall have no vote in such proceedings.

---

So I'm putting my money where my mouth is and modified your Article 1 according to how I see America adapting Marxism to it's needs and political traditions.

This is a quick first draft modification, so the wording isn't quite in it's final form yet.

Feel free to criticize, take, or reject whatever portions you desire.

 

[Aelita]

Gets off lazy ass and finishes the constitution

Preamble:

We the People of the United States of America, having found the Bourgeois government irreconcilably destructive to the Natural Rights of the Common Man, are compelled to alter it, instituting new Government to unite in our common purpose to fight the oppressors, to bring an end to man's inhumanity against man, bring emancipation to wage-slavery and the exploitation of human Labor, and to ensure that there shall be Freedom, Justice, Democracy and Socialism for all of our posterity, do hereby establish the Union of American Socialist Republics as a federal socialist republic and a permanent, indivisible Union, and do hereby ordain this Basic Law for the Union of American Socialist Republics.

Article I: Declaration of Human Rights

Section 1

All humans are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of comradeship. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, whether by race, creed, religion or sex.

Section 2

All persons born or naturalized in the Union, and subject to the jurisdiction thereof, are citizens of the Union and of the Socialist Republic in which they reside. No party to the Union shall make or enforce any law which shall abridge the privileges, rights or immunities of citizens; nor shall any party to the Union deprive any person of life or liberty without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.

Section 3

Everyone has the right to life, liberty and security of person. No one shall be held in slavery or servitude.

Section 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. No warrants be shall issued except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Section 5

No law shall be made or enforced that abridges the right of freedom of speech, freedom of the press, or freedom of the broadcast and recorded media. The right of the people to peacefully assemble and participate in politics shall not be infringed.

Section 5

No one shall be subjected to torture, or to cruel and unusual punishment, nor shall any punishment be disproportionate to the crime committed.

Section 6

No person shall be subjected to arbitrary arrest, detention or exile.

Section 7

No person shall be held to answer for any capital or otherwise infamous crime unless upon indictment by a Grand Jury, nor shall any person be made to answer twice for the same offence, nor shall any person be compelled to bear witness against himself.

Section 8

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Everyone is entitled to be informed of the nature and cause of any accusation, to be confronted with the witnesses against him, to have a compulsory process for obtaining witnesses in his favor, and shall have the legal counsel for his defense.

Section 9

Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

Section 10

Everyone has the right to freedom of thought, conscience and religion.

Section 11

The Union of American Socialist Republics is a secular nation; no party to the Union shall make or enforce any law with respect to the establishment of religion, nor shall any affirmative religious belief be promoted by any public institution.

Section 12

Everyone has the right to work, and the right of free choice in employment, to just and favorable conditions of work, and to protection against unemployment. The right of workers to manage their workplaces shall not be infringed. The right to form and join independent trade unions shall be inalienable.

Section 13

The Union of American Socialist Republics is a socialist state; the state, the land, and the means of production shall belong to the People, to be administered fairly and democratically for the common benefit of all.

Section 14

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Section 15

Everyone has the right to education, funded in whole by the polity. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups.

Section 16
The universal age of majority shall be eighteen. All persons of this age are entitled to vote, and may stand for any office within the Union. The right to vote, individual or collective, shall not be infringed.

Article II: The People's Assembly

Section 1

All legislative powers herein granted shall be vested in the All-Union People's Assembly, which shall consist of a Congress of People's Deputies and Council of the Union.

Executive Power shall be vested in the Central Committee of the Union of American Socialist Republics and in the President of the Union.

Section 2

One half of the People's Deputies shall be elected from single-member constituencies, to be apportioned among the Republics according to population after each Census, which shall continue as under the previous Constitution.

The Other Half of the People's Deputies shall be elected from National Lists by the whole people during General Elections. The uniform rules concerning the manner and number of apportionment shall be a matter of federal law.

In the case where a seat should become vacant because of retirement or death, the manner of replacement shall depend on the seat. If elected from a constituency, a by-election shall be held. If apportioned from National Party Lists, then the replacement shall be chosen from that list.

Voting shall be direct, free, and equal with secret ballots. Each voter shall cast two ballots during General Elections, one for their constituency and one for the National Party Lists.

The Congress of People's Deputies shall be elected to a term not exceeding five years from the date of the last election. This requirement shall not be infringed except in time of war, and only with the consent of both chambers of the People's Assembly. New elections shall be held within sixty days of dissolution of the chamber. The Congress of People's Deputies shall convene no later than the thirtieth day after the election. The Congress of People's Deputies shall determine when its sessions shall be adjourned and resumed, but may be called to reconvene if the Speaker calls for convention. He shall be obliged to do so if one third of the members, the Premier or the President of the Union so demand.

The Congress of People's Deputies shall elect its Speaker and all other officers, and adopt its rules of procedure.

All acts of the Congress of People's Deputies shall require a simple majority of votes cast unless this Basic Law otherwise provides.

Section 3

The Central Committee shall consist of the People's Secretaries and be presided over by the Premier, who shall serve as First Secretary, elected from the membership of the Congress of People's Deputies. The Central Committee shall be a constituent organ of the Congress of People's Deputies.

The Premier shall be elected by the Congress of People's Deputies without debate, holding the confidence of a majority of People's Deputies. The President of the Union shall appoint the People's Deputy so elected. If no person can hold the confidence of the Congress of People's Deputies, the President of the Union shall dissolve the Congress of People's Deputies.

The People's Secretaries of the Central Committee shall be elected by the Congress of People's Deputies upon the proposal of the Premier, and shall be appointed upon election by the President of the Union.

On taking office, the People's Secretaries shall be take the following oath of office:

I do solemnly swear (or affirm) that I will support and defend the Basic Law of the Union of American Socialist Republics against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.
​

Command of the Revolutionary Defense Forces shall be vested in the People's Secretary of Defense.

If a constructive motion of no confidence receives the support of the majority of the Congress of People's Deputies, then the current Central Committee must resign or be dismissed, and the new Premier appointed.

If at any time the Central Committee loses the confidence of the Congress of People's Deputies, and no new Premier has been elected on the same ballot, then the Congress shall be dissolved, and new elections held.

Section 4

The Congress of People's Deputies shall have the power to make all laws necessary and proper for carrying out the execution of the following, enumerated jurisdictions:

1. Representation of the Union in international relations, conclusion and ratification of treaties with other states;
2. Questions of war and peace;
3. Control over the observance of the Basic Law of the UASR and ensuring conformity of the Basic Law of the Union Republics with the Basic Law of the UASR;
4. Organization of the defense of the UASR and direction of Revolutionary Defense Forces;
5. Foreign trade on the basis of state monopoly;
6. Safeguarding the security of the state;
7. Establishment of the national economic plans of the UASR;
8. Approval of the single state budget of the UASR as well as of the taxes and revenues which go to the all-Union, Republican and local budgets;
9. Administration of the banks, industrial and agricultural establishments and enterprises and trading enterprises of all-Union importance;
10. Administration of transport and, communications;
11. Direction of the monetary and credit system;
12. Organization of state insurance;
13. Raising and granting of loans;
14. Establishment of the basic principles for the use of land as well as for the use of natural deposits, forests and waters;
15. Establishment of the basic principles in the spheres of education and public health;
16. Organization of a uniform system of national economic statistics;
17. Establishment of the principles of labor legislation;
18. Legislation on the judicial system and judicial procedure; criminal and civil codes;
19. Laws on citizenship of the Union; laws on the rights of foreigners;
20. Issuing of All-Union acts of amnesty.
21. The impeachment of the President of the Union and all other public officers for official misconduct, high crimes or treason.

Section 5

The following powers are prohibited to the Congress of People's Deputies

1. No bill of attainder or ex post facto law shall be made or enforced
2. No tax or duty shall be laid on articles exported from any party to the Union.
3. No preference shall be given by any regulation of commerce or revenue to the ports of one Union Republic over those of another
4. No money shall be appropriated from the public trust except by provisions of law. Regular statements and accounts of all receipts and expenditures of all public money shall be published regularly.
5. No title of nobility shall be granted by the Union, and no person shall accept any office or title of any kind from any foreign state except upon the consent of the Congress of People's Deputies.

Section 6

The Council of the Union shall be composed of one representative of the government of each Union Republic; and an equal number of national representatives, elected by the Congress of People's Deputies to six-year terms, in three staggered classes consisting of one third of the national representatives.

The President of the Union shall be the presiding officer of the Council of the Union. The Council of the Union shall choose their other officers, and the Deputy President, who shall preside in the absence of the President of the Union, and shall assume of the office of President of the Union on vacancy, disability or death.

The Council of the Union shall have the sole power to try all impeachments. If the President or Deputy President of the Union is tried, then the Chief Justice of the Supreme Court shall preside. No person shall be convicted but on concurrence of two thirds of the members present. Judgment shall not extend further than removal from office and disqualification to hold another office of honor, trust or profit in the Union. The party convicted shall still be liable and subject to indictment, trial, judgment and punishment according to law.

Section 7

The Council of the Union shall have the following enumerated powers:

1. To offer amendments to legislation on the floor of the Congress of People's Deputies, subject to approval by a simple majority of the Congress of People's Deputies.
2. To delay the passage of any act or executive action by Congress of People's deputies for up to three months by a simple majority vote, up to six months by a two thirds vote, and to veto legislation by unanimous consent.
3. To conduct official, independent inquiries and provide oversight over the All-Union and provincial governments.
4. To oversee All-Union elections and to provide indictments for violation of election law
5. To act as the standing legislature in times when the Congress of People's Deputies is not in session. All acts of the Council of the Union in such periods are subject to ratification by the Congress of People's Deputies upon reconvening.
6. [FONT=&quot]Confirmation of alterations of boundaries between Union Republics[/FONT]
7. [FONT=&quot]Confirmation of the formation of new territories and regions and also of new Autonomous Republics within Union Republics;[/FONT]
8. Admission of new republics into the UASR;

Section 8

Each chamber shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum; a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members.

Each chamber may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member.

Each chamber shall keep a journal of its proceedings, and regularly publish the same.

Neither chamber, during the session of the People's Assembly shall adjourn for more than three days without the consent of the other.

Section 9

Members of the People's Assembly shall receive compensation for their services, to be ascertained by law but not exceeding the wage of an average skilled worker, to be paid out of the public trust of the Union. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective chambers, and in going to and returning from the same; and for any speech or debate in either chamber.

Section 10

The President of the Union shall be elected in general, direct, free, equal and secret election, and shall hold his office during a term of four years.

The President of the Union may not be a member of the Central Committee, the Council of the Union, the Congress of People's Deputies or an officer of a Union Republic.

Orders and directions of the President of the Union shall require for their validity the countersignature of the Premier or competent People's Secretary in the case of domestic affairs, or the countersignature of the People's Secretary of Foreign Affairs in all other cases. This provision shall not apply to the appointment or dismissal of the Central Committee nor the dissolution of the Congress of People's Deputies.

The President of the Union shall have power, by and with the advice and consent of the Council of Union and the People's Secretary of Foreign Affairs, to make treaties and appoint ambassadors.

The President of the Union shall represent the Union for the purposes of international law. With the consent of the People's Secretary of Foreign Affairs, he shall conclude treaties with foreign states and accredit and receive envoys.

The President of the Union shall have the power, with the advice and consent, to appoint all judges of the All-Union Court system.

The President of the Union shall have right to speak upon the floor of either Chamber during debate, as well as during meetings of the Central Committee, however, the President shall have no vote in such proceedings.

Article III: The Judiciary

Section 1

The judicial power shall be vested in a system of courts, consisting of an All-Union Supreme Court, the All-Union Constitutional Court, and all inferior courts established by law. All judges shall hold their offices for ten year terms during good behavior, and shall receive compensation for their services.

Section 2:

The judicial power shall extend to all cases, in law and equity, arising under this Basic Law, the laws of the Union and treaties made; to all cases affecting ambassadors, other public ministers and consuls; to all cases of maritime jurisdiction; to controversies to which the Union shall be a party; to controversies between two or more parties to the Union; between citizens of different parties to the Union, and between a party to the union or citizens thereof, and foreign states and citizens.

Section 3:

In all cases affecting ambassadors, public ministers and consuls, and those in which a party to the Union are involved, the Supreme Court shall have original jurisdiction. In all other cases mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exception and under such regulations as the Congress of People's Deputies shall make.

Section 4:

In all cases concerning the interpretation of the Basic Law, and of the relation of the laws of the Union and those party to the Union, the Constitutional Court shall have original jurisdiction. The Supreme Court shall have appellate jurisdiction over the decisions of law and of fact for all cases before the Constitutional Court.

Section 5: Treason against the Union shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. The punishment of treason shall be a matter of law, but no attainder of treason shall involve corruption of blood.
Article IV: Powers of the Parties to the Union

Section 1

The Union Republics and any Autonomous Republics party to the Union, shall, as provinces of the Union of American Socialist Republics, give full faith and credit to all public acts, records and judicial proceedings of every other province. The Congress of People's Deputies may by law prescribe the manner in which such acts, records and proceedings be proved and the effect thereof.

Section 2

All provinces in the Union shall enjoy the right of extradition with all other provinces.

Section 3

The Union of American Socialist Republics shall guarantee to all provinces in the Union a democratic socialist form of government, and shall protect each against invasion.

Section 4

The following powers are prohibited to all provinces:

1. No province shall enter into any treaty, alliance or confederation.
2. No province shall print or coin money
3. No bills of attainder nor any ex post facto laws shall be made
4. No province shall, without the consent of the Congress of People's Deputies, lay any imposts or duties on imports or exports. The net produce of all such imposts and duties shall be for use in the public trust of the Union, and all such laws shall be subject to revision and control by the Congress of People's Deputies.
5. No province shall, without the consent of Congress, keep troops in time of peace, enter into any agreement or compact with other provinces or with foreign powers, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay.

Article V: Amendment

Section 1

Amendments to the Basic may be made in the following prescribed manners. Upon such amendment, a revised version of the Basic Law, incorporating the amendment into the text of the Basic Law, shall be published, detailing such changes to the original text, and listing all amendments in chronological order of ratification.

Section 2

The Council of the Union, with the advice and consent of the Congress of People's Deputies, may amend the Basic Law with a 2/3rds vote.

Section 3

The Congress of People's Deputies may, by a majority vote, submit an amendment for ratification to the Union Republics. The amendment shall be ratified upon the concurrence of 3/4ths of the Union Republics.

Section 4

A Constitutional Convention may be convened, at a time and place decided by the ratifying article, with the support of 2/3rds of the Union Republics or a 2/3rds vote of the Council of the Union.

Article VI: Ratification

This Basic Law shall be ratified as an Amendment to the 1787 United States Constitution. Upon ratification, the 1787 Constitution shall be discharged and rendered void, and all governmental bodies of the United States shall be transferred to the Union of American Socialist Republics.

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A few specific notes. I accepted a few of Aranfan's suggestions, though ultimately I found it necessary to reject a presidential veto. Semi-presidential systems are a constitutional crisis waiting to happen, and considering American socialist groups IOTL had long been opposed to the presidential veto power in the United States, they would do away with it at the most convenient opportunity

 

[TNF]

I really like the Basic Law. Very, very nice.