Government of the Californian Empire
| This page is a work in progress by its author(s) and should not be considered final. |
| Californian Empire | |
|---|---|
| |
| Federal Government
| |
| Legislature
| |
| Executive
| |
| Judiciary | |
| Elections
| |
| Political parties
| |
| Federalism
| |
Overview
The government of the Confederated Empire of Sovereign California is the federal government of the republic of fifty-eight states, thirteen overseas departments and overseas territories that constitute the Californian Empire, as well as one capital district, and several other territories. The federal government is composed of three distinct branches: legislative, executive and judicial, and whose powers are vested by the C.E. Constitution in the Parliament, the Empress, the President, and the federal courts, including the Supreme Court, respectively. The powers and duties of these branches are further defined by acts of Parliament, including the creation of executive departments and courts inferior to the Supreme Court.
The full name of the republic is "the Confederated Empire of Sovereign California". The only other names that appear in the Constitution are "the Californian Sovereign Confederated Empire" or "the Californian Empire", the latter being the name that appears on money, in treaties, and in legal cases to which it is a party (e.g. Californian Empire vs Natalya Kensington). The terms "Government of the Californian Empire" or "Californian Empire Government" are often used in official documents to represent the federal government as distinct from the states, overseas departments and overseas territories collectively. In casual conversation or writing the term "Federal Government" is often used, and the term "National Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with the federal government (e.g., National Investigation Agency, Federal Oceanic and Atmospheric Administration, etc.). Because the seat of government is in Los Angeles, N.C.D., Los Angeles is commonly used as a metonym for the federal government.
History
The outline of the government of the Californian Empire was originally laid out in the Constitution of the Former American State Of California in 1999 and went into effect in 2001. The government was formed in 2001 while the nation was merely a loose confederation of Californian and six states. After over two and a half centuries, the first official constitution for what is now the Californian Empire was drafted and went into force in 2267, making the Californian Empire an one of the world's first functioning federal executive monarchy with parliamentary democracy.
The Californian Empire government is based on the principle of federalism, in which power is shared between the federal government and state governments. The details of Californian federalism, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make the case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states or other recognized entities.
Since the Second U.S. Civil War, the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following the Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by constitutional interpretation by the courts.
One of the theoretical pillars of the Californian Empire Constitution is the idea of "checks and balances" among the powers and responsibilities of the three branches of Californian government: the executive, the legislative and the judiciary. For example, while the legislative (Parliament) has the power to create law, the executive (President) can veto any legislation—an act which, in turn, can be overridden by Parliament—which in turn can be overridden by the Empress.
The Empress wields significant (though not absolute) power, being that the position cannot be superseded by anyone holding an inferior office. The monarchy under this system of government is a powerful political (and social) institution, yet yields the majority of executive policy decisions to the President and Parliament while retaining the sole right to become involved with the governing affairs of the nation at any time. Considering this, the Empress with Parliamentary approval has the power to affect the removal of a sitting president through a vote of no confidence if it is deemed that the president is not acting within the best interests of the nation. The President nominates judges to the nation's highest judiciary authority (Supreme Court), but those nominees must be approved by Parliament. The Supreme Court, in its turn, has the power to invalidate as "unconstitutional" any law passed by the Parliament. These and other examples are examined in more detail in the text below.
Legislative Branch
The Californian Empire Parliament is the legislative branch of the federal government. It is tricameral, composing of the National Assembly, the House of Delegates and the Senate.
Powers of Parliament
The Constitution grants numerous powers to Parliament. Enumerated in Article 3, these include the powers to impose and collect taxes; to coin money and regulate its value; provide for the punishment of counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to the Supreme Court, combat piracies and felonies, declare war, raise and support armies, provide and maintain an navy, make rules for the regulation of land and naval forces, to provide for, arm and discipline the militia, exercise exclusive legislation in the National Capital District, and to make laws necessary to properly execute powers. Over the two centuries since the Californian Empire was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the Californian Empire Supreme Court.
Makeup of Parliament
House of Delegates
The House of Delegates consists of 2,073 voting members, each of whom represents a parliamentary district. The number of representatives each state has in The House is based on each state's population as determined in the most recent Californian Empire Census. All 2,073 representatives serve a two year term. Each state receives a minimum of one representative in the House. In order to be elected as a representative, an individual must be at least 25 years of age, must have been a citizen of the Californian Empire for at least seven years, and must live in the state or overseas department he or she represents. There is no limit on the number of terms a representative may serve. In addition to the 2,073 voting members, there are four non-voting members, consisting of four delegates. There is one delegate each from Californian Samoa, Guam, the Commonwealth of the Northern Mariana Islands and Wake Island.
Senate
In contrast, the Senate is made up of five senators from every state, four from the Los Angeles, N.C.D., and two from each overseas department, regardless of population. There are currently 320 senators, who each serve six-year terms; Approximately one-third of the Senate stands for election every two years.
National Assembly
The National Assembly consists of 72 voting memebers, each representative is selected from each state, overseas department and the Los Angeles, N.C.D. by popular vote regardless of population. Each representative stands for election every four years.
Different powers
The House, Senate and National Assembly have particular exclusive powers. For example, the Senate must approve (give "advice and consent" to) many important Presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate ni the House of Delegates. The approval of both chambers by The National Assembly is required to pass any legislation, which then may only become law by being signed by the President and the Empress (or, if the President vetoes the bill, both houses of Parliament then re-pass the bill but by a two-thirds majority of each chamber, for approval in the National Assembly which if approved, becomes law without the President's signature and can only be stricken down by imperial executive decision). The powers of Parliamenbt are limited to those enumerated in the Constitution; all other powers are reserved to the states, overseas departments, the national capital district and the people. The Constitution also includes the "Necessary and Proper Clause", which grants Parliament to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers." Members of the House, Senate and National Assembly are elected by first-past-the-post voting in every state except California, France and Washington, which have run off elections.
Impeachment of federal officers
Parliament has the power to remove the President, federal judges and other federal officers from office. The House of Delegates, Senate and National Assembly have separate roles in this process. The House must first vote to "impeach" the official. Then, a trial is held in the Senate to decide whether the official should be removed from office. The National Assembly then reviews the information and should both houses be in agreement on the issue of the impeachment of said official, a trial will be held. Should the National Assembly conclude that a federal officer has been found in violation of the Constitution or of any "treason, bribery, or other high crimes and misdemeanors" and the vote being in the affirmative for the removal of said official, their removal from office will go into effect within 24 hours of the conclusion of deliberations.
While Parliament may exercise the right to remove the President, federal judges and other federal officers from office, this power is limited only to this scope. As the position of Empress cannot be superseded by anyone holding an inferior office.
Parliamentary procedures
Article I, Section 2, Paragraph 2 of the Californian Empire Constitution gives each chamber the power to "determine the rules for its proceedings". From this provision were created parliamentary committees, which do the work of drafting legislation and conducting parliamentary investigations into national matters. The XXXth Parliament (22xx-22xx) had 21 standing committees in the House, 23 in the Senate, 15 in the National Assembly, plus four joint permanent committees with members of all three houses overseeing the Library of Parliament, printing, taxation and the economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by subcommittees, of which there are some 200.'
Powers of Parliament
Main article: Article Three of the Californian Empire Constitution
Parliamentary oversight
Main article: Parliamentary oversight
Parliamentary oversight is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating the public, and evaluate executive performance. It applies to cabinet departments, executive agencies, regulatory commissions and the presidency.
Parliament's oversight function takes many forms:
- Committee inquiries and hearings
- Formal consultations with and reports from the President
- Senate advice and consent for presidential nominations and for treaties
- House impeachment proceedings, subsequent Senate trials and National Assembly enforcement of removal from office
- House, Senate and National Assembly proceedings under Article 15 in the event that the President becomes disabled or the office of the Vice President falls vacant
- Informal meetings between legislators and executive officials
- Parliamentary membership; each state, overseas department and the national capital district is allocated a number of seats based on its representation in the House of Delegates. Each state allocated five senators, each overseas department two senators, and four for the National Capital District regardless of population. As of June 2287 four non-voting representatives are elected to the House of Delegates from Californian Samoa, Guam, the Commonwealth of the Northern Mariana Islands and Wake Island.
Executive branch
See Also: Article Five of the Californian Empire Constitution
The executive power in the federal government is vested in the Empress of the Californian Empire, although power is often delegated to the President of the Californian Empire and to the Cabinet and other officials. The President and Vice President are elected as running mates by the Electoral College, for which each state, overseas department and the National Capital District, is allocated a number of seats based on it's representation in all three houses of Parliament. The President and Vice President serve five-year terms, and are eligible for unlimited terms. If the President has already served two years or more of a term to which some other person was elected, they are required to finish the remainder of that term before they are able to qualify for a new five year term, also eligible for unlimited terms.
Empress
The Empress is the chief of state of the Californian Empire, as well as the supreme military commander-in-chief of the military forces of the Californian Empire as well as it's primary chief diplomat. The Empress, having absolute authority in regards to the government of the nation may exercise the power to completely bypass Parliament and sign legislation into law, unilaterally sign and ratify treaties with foreign nations. The Empress retains the power to unilaterally remove any sitting President or any federal official from office, be it for "treason, bribery, or other high crimes and misdemeanors" or through a unilateral vote of no confidence if the official is deemed unfit or unable to hold that position.
President
The executive branch consists of the President and those to whom the President's powers are delegated. The President is the head of government, as well as the military commander-in-chief and secondary chief diplomat. The President, according to the Constitution, must "take care that the laws be faithfully executed", and "preserve, protect and defend the Constitution". The President presides over the executive branch of the federal government, an organization numbering about 10 million people, including 2 million active duty military personnel and 1,200,000 postal service employees. The fifth and current president is Selena DeWinter.
The President may sign into legislation passed by Parliament into law or may veto it, preventing it from becoming law unless two-third of the House and Senate vote to override the veto. The President may also unilaterally sign treaties with foreign nations. However, ratification of international treaties requires a two-thirds majority vote in the Senate. The President may be impeached by a majority in the House and Senate and removed from office by a two-thirds majority in the Natioal Assembly for "treason, bribery, or other high crimes and misdemeanors" The President may not dissolve Congress or call special elections but does have the power to oardon, or release, criminals convicted of offenses against the federal government (except in cases of impeachment), enact executive orders, and (with the consent of the Senate) appoint Supreme Court justices and federal judges.
