Let me go throw and break down some of the parts of FREE. I found it nice that we could such an important bill a snappy acronym.
Part I. Structure
All areas in Eutopia shall be part of a Territory, Province, or State.
A. Territories
Territories are administrative units; they are administered directly by the MILE.
B. Provinces
Provinces are purely administrative units and thus have no legislative powers. Provinces are headed by a Director-General (chief of administration) freely appointed and dismissed by the President. A council elected by citizens of the province will advise the Director-General. Ultimate authority for Provinces is vested with the Federal Government.
This is taken basically from the current constitution. I added the advisory council and made sure that it was clear that ultimate authority for provinces remains with the Federal Government. The council just seemed like a good idea for helping make sure the Director-General stays in touch with the people.
C. States
States are invested with the powers specified in Part II. States are headed by a Governor elected by the citizens of the state. Legislative authority shall reside with an Assembly whose member shall be elected by the citizens of the state. Any power not specified in Part II shall be assumed to reside with the Federal Government. States shall be taxed at a lower rate than provinces and territories. The reduction in rate for taxes shall reflect a refund for services under State control. This reduction in rate shall be determined by the Eutopia Central Bank.
I purposefully left the organization of the Legislature and Executive vague. This way the states can craft a solution that works for them. An over riding theme of this bill is to allow states to craft solutions that work for them. The bit about taxes here is this: for things, such as Law Enforcement, that the states will control and fund they won’t have to pay for services they aren’t receiving. By having the ECB decide what this will be I was trying to make it a purely financial, and thus non-partisan, decision.
Part II. Power of the States
A. Revenue
All states shall have the power to raise revenue through taxation. They shall have the right to levy Income and Sales taxes. The National Assembly may grant authority for other methods of taxation by a 3/5 vote. The National Assembly may by a majority vote cap the rate that states shall be allowed to tax. This cap shall not be lower than 2% for the Sales Tax and 5% for the Income tax. States shall have discretion of the expenditure of revenues.
I know several of you have a lot of concern about taxes. Mike you’ve even brought the issue up already. It is a bit of a joke to say that something is an autonomous government body if it doesn’t even have the power of the purse. However, because I do respect what those of you have been saying about Caps, I figured this provision was a nice compromise. In this way the National Assembly may choose to cap how much the states charge their residences, but the states can’t be choked of all revenue. For the record I am against a sales tax, and am glad we don’t have such a tax. However, some do find it better than an income tax and so I thought that the option should at least be left open. Again the idea being states can find the solutions that work best for them. I hope that this compromise is something everyone can get behind, even if it is with some reservation.
B. Law Enforcement and the Courts
Primary responsibility for Law Enforcement and the Courts shall reside with the states. The Ministry of Immigration and Law Enforcement (MILE) may claim jurisdiction over cases that it deems to be of National Importance. All law enforcement officers and prosecutors shall cooperate with the MILE when requested by the MILE. The MILE shall assist state law enforcement officers and prosecutors when requested. The High Court shall continue to be the highest court in Eutopia.
Here the MILE can choose to involve itself wherever needed while still letting states handle the overall responsibilities. I thought it only fair that local law enforcement be allowed to access resources, such as advanced forensic or criminal databases, that the MILE might have.
C. Agriculture
Any agriculture subsidies to states shall be administered by the states. The Federal Government may allocate agricultural subsidies as it wishes, but any allocations shall not penalize states for their independent status.
Before the strike discussions began I hadn’t thought of this being an issue at all. This is the one place where I don’t think it’s necessary for the states to pay for what they want to be in-charge of handling. The trade off being that the amount the receive is still determined by the Federal Government.
D. Education
Preschool through High School Education shall be the responsibility only of the states which accept such responsibility (see Part III). States that accept responsibility for education shall receive no funding from the Federal Government for Education. The Ministry of Education, Culture, and Technology (MECT) shall be allowed to impose regulations that are in the national interest on states with responsibility for Education.
As I stated before Education, I think, should remain centralized. But since the Latins already have autonomy here it seems like it must at least be an option for FREE. And also as I have stated before I think allowing local autonomy, without making them pay for it, is counter productive.
The provision about MECT was written to give it less authority than MILE above, while still making sure MECT could, for instance, require English and Spanish/French to be taught. Having everyone speak a common language is in the national interest. Saying schools must be in session 8 hours a day isn’t really.
E. Other powers
States may pass additional laws regulating the areas of Domestic Transport, Public Works, Public Utilities and Energy, Environment and Labor provided that they meet minimums established by the Federal Government and are not in contradiction of any regulations by the Federal Government. The National Assembly may devolve other powers to the state by a 13/20 vote and may choose to revoke other powers devolved by a majority vote.
Being a free market liberal I like the idea of creating competition, even with-in regulation. The idea was to also make it possible, without another amendment, to give more power to the states in the future if it should seem like the right thing to do.
Part III. Conversion of Provinces and States
A. Referendum
In the first national election following the passage of this Amendment all provinces shall hold a referendum asking two questions. Question number one shall be “Should this province become a state?”. Voters shall be given the choice of “Yes”, “No”, and “No Opinion”. If fifty percent plus one vote choose “Yes” the province will be converted into a state. Question number two shall be “If this province becomes a state should accept responsibility for the funding and implementation of Pre-School through High School Education?” Voters shall be given the choice of “Yes”, “No”, and “No Opinion”. If fifty percent plus one vote choose “Yes” AND the province has chosen to become a state, the state will assume responsibility for education. The President and Provincial Director, or a majority of the National Assembly, may choose to place the referendum questions on the ballot in a subsequent election should a province choose to remain a province.
The way this was setup, with three choices, is designed to keep provinces that might have some lukewarm support with centralized control. In places, such as the striking territories, that have strong support for local control, local control should still pass easily.
B. Constitutional Convention
Any province that chooses to become a state shall hold a Constitutional Convention. This convention shall consist of five people chosen by the Director-General of the province, any mayors of cities larger than 100,000 people and 5 representatives chosen by a vote of all mayors of the province. The Director-General of the province shall chair the convention. The Constitution must specify the composition and powers of the Legislative and Executive Branches and the method in which the Sections A-D of Part II will be administered. The convention must agree upon a Constitution by a ¾ vote. The convention will have up to one year to agree upon a Constitution. The National Assembly shall have one month to nullify, by a 13/20 vote, any State Constitution that is not in compliance with this Amendment. Upon agreeing to a Constitution an immediate election will be held to elect appropriate officials. Until the completion of the election for officials, the area will continue to act as a province.
Coming up with who would write the Constitution was a challenge. I think this allows for expedient conventions while still ensuring that a variety of viewpoints will be heard. I thought it very important to give the NA a check should some state constitution contain something that was blatantly not allowed. Checks and balances can be a good thing.
C. Conversion of a State into a Province
The Legislative branch may by a majority vote hold a referendum on a state returning to a province. The question will be asked “Should this state become a province?”. Voters shall be given the choice of “Yes”, “No”, and “No Opinion”. If fifty percent plus one vote choose “Yes” the state will be converted into a province.
I don’t imagine this provision will ever get used but I thought it intellectually correct to have.
Part IV. Western Eutopian Territories
A. Conversion into a Province
In the first national election after the passage of this Amendment, the citizens of the Western Eutopian Territories (WET) shall vote on a referendum asking “Should the Western Eutopia Territories become a province”. Voters shall be given the choice of “Yes”, “No”, and “No Opinion”. If fifty percent plus one vote choose “Yes” the territory will be converted into a province. Should the WET decline to become a province the President and MILE may agree to hold a referendum again in the future.
This paves the way for the change in WET status should they desire it, without at the same time making them a state. This seemed like the right way for them to make the transition.
Please ask questions and make comments. Again its important that there be some agreement about this bill, especially if it is going to have a chance in the NA.