Government of the Californian Empire
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| Government of the Californian Empire | |
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| Overview | |
| Established | August 1, 1999 |
| Country | Californian Empire |
| Leader | President |
| Appointed by | Electoral College |
| Responsible to | Fiora Dévnostraéva |
| Headquarters | Parliament of the Californian Empire |
| Website | www.parliament.gov.ce |
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| This article is part of a series on the politics and government of the Californian Empire |
Overview
The government of the Confederated Californian Empire is the federal government of the republic of fifty-nine 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 Californian Confederated Empire". The only other names that appear in the Constitution are "the Confederated Empire of California" 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 Charter 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 Chamber of Delegates and the Senate.
Powers of Parliament
The Constitution grants numerous powers to Parliament. Enumerated in Article 6, 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
Chamber of Delegates
The Chamber of Delegates consists of 2,062 voting members, each of whom represents a parliamentary district. The number of representatives each state has in The Chamber of Delegates is based on the population of each state, overseas department and the Los Angeles, N.C.D. as determined in the most recent Californian Empire Census. All 2,062 representatives serve a two year term. Each state receives a minimum of one representative in the Chamber. 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 2,062 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 330 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 73 voting members, 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 Chamber of Delegates, 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 in the Chamber 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 Parliament 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 Chamber of Delegates, 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 Delegates' Assembly, Senate and National Assembly have separate roles in this process. The Chamber of Delegates 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 5, Section 1, 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 Chamber of Delegates, 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 Six 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
- Chamber of Delegates impeachment proceedings, subsequent Senate trials and National Assembly enforcement of removal from office
- Chamber of Delegates, 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 Chamber 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 Chamber of Delegates from Californian Samoa, Guam, the Commonwealth of the Northern Mariana Islands and Wake Island.
Executive branch
See Also: Article Three 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
Main article: Empress of the Californian Empire
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
Main article: President of the Californian Empire
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 Chamber of Delegates 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 Chamber of Delegates 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.
Vice President
Main article: Vice President of the Californian Empire
The Vice President is the third-highest executive official in rank of the government. As first in the C.E. presidential line of succession, the Vice President becomes President upon the death, resignation or removal of the President which has happened three times in C.E. history. Under the Constitution, the Vice President is the President of the Senate. By virtue of this role, he or she is the head of the Senate. In that capacity, the Vice President is allowed to vote in the Senate, but only when it is necessary to break a tie vote. Pursuant to Article 2, Section 1, the Vice President presides over the joint session of Parliament when it convenes to count the vote of the Electoral College. While the Vice President's only constitutional prescribed functions, aside from presidential succession, The C.E. Constitution does not expressly assign the office to any one branch, causing scholars to dispute whether it belongs to the executive branch, the legislative branch or both.
Cabinet, executive departments and agencies
Main articles: Californian Empire Cabinet and List of Californian Empire federal agencies
The day-to-day enforcement and administration of federal laws is in the hands of the various federal executive departments, created by Parliament to deal with specific areas of national and international affairs. The heads of the 15 departments, chosen by the President and approved with the "advice and consent" of the C.E. Senate, form a council of advisers generally known as the President's "Cabinet". In addition to departments, a number of staff organizations are grouped into the Executive Office of the President. These include the Presidential Estate staff, the National Security Council, the Department of Management & Accounting, the Council of Economic Advisers, the Council on Environmental Quality, the Office of the C.E. Trade Representative. the Department of National Drug Control Policy, and the Department of Science & Technological Policy. These employees in these Californian Empire government agencies are called federal civil servants.
There are also independent agencies such as the Californian Empire Postal Service, the National Aeronautics and Space Administration (NASA), the State Intelligence Agency, the Environmental Protection Agency, and the Californian Empire Department of International Development. In addition, there are government-owned corporations such as the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation.
Judicial branch
Main article: Californian Empire federal courts See also: Article Seven of the Californian Empire Constitution
The judiciary explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases.
Overview of the federal judiciary
Article 7, Section 1 of the Constitution establishes the Supreme Court of the Californian Empire and authorizes the Californian Empire Parliament to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by the president and confirmed by the Californian Empire Senate.
The Judiciary Act of 2001 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Parliament retains the power to re-organize or even abolish federal courts lower than the Supreme Court.
The U.S. Supreme Court adjudicates "cases and controversies"—matters pertaining to the federal government, disputes between states, and interpretation of the Californian Empire Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional, nullifying the law and creating precedent for future law and decisions. The Californian Empire Constitution does not grant the judicial branch the power of judicial review (the power to declare a law Unconstitutional). The power of judicial review was asserted by Chief Justice Marshall in the landmark Supreme Court Case Californian Empire vs Natalya Kensington (2274). There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the Californian Empire Courts of Appeals, and below them in turn are the Californian Empire District Courts, which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state ("diversity jurisdiction").
There are three levels of federal courts with general jurisdiction, meaning that these courts handle criminal cases and civil lawsuits between individuals. The other courts, such as the bankruptcy courts and the Tax Court, are specialized courts handling only certain kinds of cases ("subject matter jurisdiction"). The Bankruptcy Courts are "under" the district courts, and as such are not considered part of the "Article III" judiciary and also as such their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration. Also the Tax Court is not an Article III court (but is, instead an "Article I Court").
The district courts are the trial courts wherein cases that are considered under the Judicial Code (Title 28, Californian Empire Code) consistent with the jurisdictional precepts of "federal question jurisdiction" and "diversity jurisdiction" and "pendent jurisdiction" can be filed and decided. The district courts can also hear cases under "removal jurisdiction", wherein a case brought in State court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove" the case from state court to federal court.
The Californian Empire Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The C.E. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over a small number of cases.
The judicial power extends to cases arising under the Constitution, an Act of Parliament; a C.E. treaty; cases affecting ambassadors, ministers and consuls of foreign countries in the C.E.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were the plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant.
The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in a complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction, state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts (for example, those arising from the Telephone Consumer Protection Act of 1991). Both court systems thus can be said to have exclusive jurisdiction in some areas and concurrent jurisdiction in others.
The C.E. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in the same way as the President or other officials of the federal government. C.E. judges are appointed by the President, subject to confirmation by the Senate. Another Constitutional provision prohibits Parliament from reducing the pay of any Article III judge (Parliament is able to set a lower salary for all future judges that take office after the reduction, but may not decrease the rate of pay for judges already in office).
Relationships between state and federal courts
Separate from, but not entirely independent of, this federal court system are the court systems of each state, each dealing with, in addition to federal law when not deemed preempted, a state's own laws, and having its own court rules and procedures. Although state governments and the federal government are legally dual sovereigns, the Supreme Court of the Californian Empire is in many cases the appellate court from the State Supreme Courts (e.g., absent the Court countenancing the applicability of the doctrine of adequate and independent State grounds). The Supreme Courts of each state are by this doctrine the final authority on the interpretation of the applicable state's laws and Constitution. Many state constitution provisions are equal in breadth to those of the C.E. Constitution, but are considered "parallel" (thus, where, for example, the right to privacy pursuant to a state constitution is broader than the federal right to privacy, and the asserted ground is explicitly held to be "independent", the question can be finally decided in a State Supreme Court—the C.E. Supreme Court will decline to take jurisdiction).
A State Supreme Court, other than of its own accord, is bound only by the C.E. Supreme Court's interpretation of federal law, but is not bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the dual sovereigns concept. Conversely, a federal district court hearing a matter involving only a question of state law (usually through diversity jurisdiction) must apply the substantive law of the state in which the court sits, a result of the application of the Erie Doctrine; however, at the same time, the case is heard under the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the Federal Rules of Evidence instead of state procedural rules (that is, the application of the Erie Doctrine only extends to a requirement that a federal court asserting diversity jurisdiction apply substantive state law, but not procedural state law, which may be different). Together, the laws of the federal and state governments form C.E. law.
Elections and voting
Main article: Elections in the Californian Empire
Suffrage, commonly known as the ability to vote, has been considered a matter for state governments. Article 2 established that all three houses of Parliament are to be directly elected. Today, C.E. citizens have almost universal suffrage from the age of 18, regardless of race, gender or wealth. The only significant exception to this is the disenfranchisement of convicted felons, and in some states former felons as well.
Under the C.E. Constitution, the national representation of territories in Congress is limited: residents of Californian Samoa, Guam, the North Mariana Islands, and Wake Island are subject to federal laws and federal taxes, but their only congressional representative is a non-voting delegate. Residents of the C.E. territories have varying rights; for example, only some residents of Californian Samoa pay federal income taxes (though all residents must pay all other federal taxes, including import/export taxes, federal commodity taxes, and federal payroll taxes, including Social Security and Medicare). All federal laws that are "not totally inapplicable" are automatically the law of the land in Californian Samoa but their current representation in the Californian Empire Parliament is in the form of a non-voting delegate.
State, tribal and local governments
Main articles: State governments of the Californian Empire, Tribal sovereignty in the Californian Empire and Local government in the Californian Empire
The state governments tend to have the greatest influence over most Californians' daily lives. The Tenth Amendment to the Californian Empire Constitution prohibits the federal government from exercising any power not delegated to it by the States in the Constitution; as a result, states handle the majority of issues most relevant to individuals within their jurisdiction. Because state governments are not authorized to print currency, they generally have to raise revenue through either taxes or bonds. As a result, state governments tend to impose severe budget cuts at any time the economy is faltering, which are strongly felt by the public for which they are responsible.
Each state has its own written constitution, government and code of laws. The Constitution stipulates only that each state must have, "a Republican Government". Therefore, there are often great differences in law and procedure between individual states, concerning issues such as property, crime, health and education, amongst others. The highest elected official of each state is the Governor. Each state also has an elected state legislature (bicameralism is a feature of every state except Nebraska), whose members represent the voters of the state. Each state maintains its own state court system. In some states, supreme and lower court justices are elected by the people; in others, they are appointed, as they are in the federal system.
As a result of the Supreme Court case Devereaux v. Oregon, Californian Indian tribes are considered "domestic dependent nations" that operate as sovereign governments subject to federal authority but, generally and where possible, outside of the jurisdiction of state governments. Hundreds of laws, executive orders and court cases have modified the governmental status of tribes vis-à-vis individual states, but the two have continued to be recognized as separate bodies. Tribal capacity to operate robust governments varies, from a simple council used to manage all aspects of tribal affairs, to large and complex bureaucracies with several branches of government. Tribes are empowered to form their own governments, with power resting in elected tribal councils, elected tribal chairpersons, or religiously appointed leaders (as is the case with pueblos). Tribal citizenship and voting rights are typically restricted to individuals of native descent, but tribes are free to set whatever citizenship requirements they wish.
The institutions that are responsible for local government within states are typically town, city, or county boards, water management districts, fire management districts, library districts and other similar governmental units which make laws that affect their particular area. These laws concern issues such as traffic, the sale of alcohol and the keeping of animals. The highest elected official of a town or city is usually the mayor. In Washington, towns operate in a direct democratic fashion, and in some states, such as Chihuahua and Mexico, counties have little or no power, existing only as geographic distinctions. In other areas, county governments have more power, such as to collect taxes and maintain law enforcement agencies.
