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Segue off of Reds: A Revolutionary Timeline

I'm making this discussion topic because I would like some input, critique and discussion over the UASR's eventual constitution before I move forward with my timeline.

I already have a rough draft on the constitution completed, which I will be posting here in bits and pieces as each issue is settled. I would appreciate anyone who is familiar with my timeline, or who has an understanding of constitutional law or parliamentary government to comment, give suggestions or critiques.

Let's begin with the preamble, which ultimately should be the guide as to what the functions of the constitutional government should do:
We the People of America, united in our common purpose to fight the oppressors, to bring an end to man's inhumanity against man, to bring an end 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.
It is a giant run-on sentence, but that's pretty much par for course as far as constitutions go.

The basic structure, as I've been foreshadowing in the TL thread, is that the UASR follows a federal form of government, derived from the original American federal system, but with modifications based upon an American understanding of Marxism-Leninism.

It is a parliamentary form of government, with a largely symbolic figure head president, and a fusion of executive and legislative powers into one body. The legislature is bicameral, but the two chambers have very different powers and are elected in very different manners. With that in mind, here's my rough draft for the parts of the constitution dealing with the legislature:
Section 1: All legislative and executive powers herein granted shall be vested in an All-Union People's Assembly, which shall consist of the Congress of People's Deputies and the Central Committee, the Council of the Union and the President of the Union.

Section 2: Members of the All-Union Congress of People's Deputies shall be elected in general, direct, free, equal and secret elections. They shall be deputies of the whole people. One half of the deputies shall be apportioned among the Union Republics according to population, and one half shall be elected from national lists by the whole people. Federal law shall prescribe the manner and number of the apportionment.

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 All-Union government shall consist of the Central Committee, consisting of the People's Secretaries and 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. Admission of new republics into the UASR;
  4. 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;
  5. Confirmation of alterations of boundaries between Union Republics;
  6. Confirmation of the formation of new territories and regions and also of new Autonomous Republics within Union Republics;
  7. Organization of the defense of the UASR and direction of Revolutionary Defense Forces;
  8. Foreign trade on the basis of state monopoly;
  9. Safeguarding the security of the state;
  10. Establishment of the national economic plans of the UASR;
  11. 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;
  12. Administration of the banks, industrial and agricultural establishments and enterprises and trading enterprises of all-Union importance;
  13. Administration of transport and, communications;
  14. Direction of the monetary and credit system;
  15. Organization of state insurance;
  16. Raising and granting of loans;
  17. Establishment of the basic principles for the use of land as well as for the use of natural deposits, forests and waters;
  18. Establishment of the basic principles in the spheres of education and public health;
  19. Organization of a uniform system of national economic statistics;
  20. Establishment of the principles of labor legislation;
  21. Legislation on the judicial system and judicial procedure; criminal and civil codes;
  22. Laws on citizenship of the Union; laws on the rights of foreigners;
  23. Issuing of All-Union acts of amnesty.
  24. 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 and equal number of national representatives, elected by the Congress of People's Deputies to eight-year terms, in four staggered classes consisting of one forth 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 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 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 government or of a legislative body of the Union or 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.

Section 8: The Council of the Union shall have the following enumerated powers:

  1. To consider and ratify amendments to the Basic Law by a two thirds vote, with consent of the Congress of People's Deputies.
  2. 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.
  3. 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.
  4. To conduct official, independent inquiries and provide oversight over the All-Union and provincial governments.
  5. To oversee All-Union elections and to provide indictments for violation of election law
  6. 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.
Section 9: 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 10: 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.
Much of the language for this draft was derived from three sources. Most noticably, the original American Constitution provides the basic structure for organizing the layout. The modern German Basic Law was used in some instances for language pertaining the functions of parliamentary government. And finally, the 1936 Soviet Constitution was used as an inspiration for language relating to the powers of government.
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