The Cosmopolitan Template · Article II
Structure and Function of Legislatures
Explore the structure and function of legislatures, including creation, elections, ethical standards, and emergency powers.
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The Separation of Powers
One Branch Writes the Law, Two Carry It Out
The people elect a legislature to write the law. The legislature then creates the two branches that carry it out — a Government to execute the law, and a Judiciary to interpret it.
How each branch is chosen and structured — appointed or elected, a single officer or a committee — is the subject of Articles III (Governments) and IV (Judiciaries).
Execution of Constituent Will and Preservation of Rights
“Legislatures faithfully represent the will of all constituents in their respective Jurisdictions while preserving The Constitutional rights of all Individuals and upholding constitutional order. All Powers are granted to Legislatures by all Individuals associated with their respective Jurisdictions.”
A legislature exists to carry out what its constituents actually want — while safeguarding individual rights at the same time.
Adopt Rules of Order and Ethics
“Legislatures adopt suitable rules of order and codes of ethics that apply to all elected officials and civil officers.”
It sets clear rules of procedure and a code of ethics that bind every elected official and civil servant.
Establish an Independent Administrative Office
“Legislatures establish independent and politically neutral offices for administering parliamentary procedures, enforcing ethical codes, and for investigating any cases of suspected misconduct.”
A politically neutral office runs the day-to-day parliamentary machinery, so administration never tilts toward one faction.
Ensure the Right to Vote and Stand for Election
“Legislatures ensure all individuals associated with their Jurisdiction have the right to vote for their representatives and have the right to be chosen as a representative for any office in their Jurisdiction.”
The legislature guarantees everyone tied to the jurisdiction can vote for their representatives and run for office.
Ensure Election Security and Integrity
“Legislatures ensure the security and integrity of the free and fair election process, secure the secret ballot for all individuals, and maintain public chains of custody for the counting of votes where all factions can observe and audit the election and ballot counting processes.”
It secures free and fair elections and the secret ballot, protecting the vote from tampering.
Ensure Voting Accessibility
“Legislatures ensure all individuals living in their respective Jurisdictions have the necessary time and resources required to cast their ballots in all elections.”
It makes sure everyone has the time, means, and access they need to actually cast a ballot.
Maintain Population Records
“Legislatures keep accurate and up to date records on the population of their residents for the purposes of apportioning taxes, resources, and legislative seats to any subdivisions that may exist in a Jurisdiction.”
It keeps accurate, current population records so representation stays proportional to the people.
Set Terms of Office and Election Intervals
“Legislatures set the expiration of terms of office and set regular intervals for elections of elected offices. Unless otherwise amended, elections occur every five (5) years.”
It fixes when terms end and holds elections on regular, predictable schedules.
Establish Independent Election Boards
“Legislatures establish independent election boards responsible for ensuring that boundaries of subdivisions are drawn equally, contiguously, and fairly as well as for administrating a transparent and public election process. Unless otherwise amended, the Maximum number of Members a Legislature, or one of its subdivisions can have before it must split is nine (9).”
Independent boards — not sitting incumbents — draw district lines and administer elections.
Establish Proportional Voting Systems
“Legislatures establish voting systems where the factional makeup of an elected body is matched to the collective preferences of the voters. Unless otherwise amended, The Method of voting used in elections is Single Transferable Vote using the Droop Quota Method.”
Voting systems are built so an elected body’s makeup mirrors the electorate’s real factional split.
Peg Quorum Requirement to Full Membership
“Legislatures require the consent of a majority, or if explicitly stated Supermajority, of all serving members to pass bills, appointments, and other acts into law.”
Decisions need a majority (or a stated supermajority) of ALL serving members — not just those who happen to show up.
Hold Regular Meetings
“Legislatures meet regularly and compel the attendance of their members should it be necessary. Legislatures are required to meet at least once every Ninety (90) days.”
The legislature meets regularly and can compel attendance when a vote requires it.
Publish Public Records
“Legislatures publish a public and readily available record of statements made, bills presented, and votes cast with explanations for those decisions.”
It publishes an open, readily available record of statements made, bills presented, and votes cast.
Execute Legislative Priorities in Constitutional Order
“Legislatures begin each day’s session by counting the members present in order to show a sufficient number of members are present to do business. Then Legislatures resolve any emergency powers outstanding, and any constitutional matters brought before them by A Fair Constitution or relevant Court of Law.”
Each session opens by confirming a quorum, then works through business in constitutional order.
Role and Election of the Speaker
“The Speaker of a Legislature is a politically neutral officer who presides as the chair of meetings, represents the whole of a Legislature, and ensures a Legislature operates smoothly. At the first meeting of a Legislature after an election, Speakers are elected by the Supermajority of a Legislature and serve until the next new Legislature. Speakers can be replaced by a Supermajority of The Legislature at any time.”
A politically neutral Speaker, elected by the legislature, chairs its meetings and represents the body.
Tie-Breaking Vote
“The Speaker of a Legislature does not vote on any act unless they need to break a tie.”
The Speaker stays neutral, voting only to break a tie.
Facilitation of Member Priorities
“The Speaker of a Legislature ensures that each member can communicate their priorities to The Legislature.”
The Speaker makes sure every member can put their priorities before the legislature.
Committee Assignments and Judicial Role
“The Speaker of a Legislature makes sure Committee seat assignments are fairly distributed in accordance with constitutional procedures and serves as the Judge in all questions of impeachment, censure, and expulsion except their own.”
The Speaker distributes committee seats fairly, by the proportional rules.
Establishment of Committees
“Legislatures, by Supermajority vote, establish Committees made of smaller numbers of members for the purposes of considering specific issues and organizing the flow of the legislative process.”
By supermajority, the legislature forms smaller committees to handle focused work.
Factionally Proportional Committees
“The factional makeup of Committee seats and Committees align with the factional makeup of the whole Legislature. Within each faction, Committee seats are distributed evenly between members.”
Committee seats mirror the factional makeup of the whole legislature.
Committee Seat Assignment Process
“At the first legislative meeting after a general election, each faction is awarded their respective committee seats based on the factional proportions. Then each member chooses their own Committee assignments in a ranked preference ballot. Committee assignments are assigned in order of preference first, then by procedurally resolving ties when the number of members with the same preference exceeds the number of seats available on a committee. Ties are broken by ranking each members own 1st choice vote performance in the prior election. If a tie remains for the final seat, subsequent rank choice vote performance is considered.”
After each general election, factions receive their proportional share of committee seats.
Election of Committee Chairs and Alternates
“The whole Legislature votes for the chair and their alternates of each Committee in a ranked choice vote.”
The full legislature elects each committee’s chair and alternates by a ranked-choice vote.
Handling Vacancies and New Committees
“When a vacancy occurs or a new Committee is created, Committee members are elected in a ranked choice vote by the whole Legislature without violating factional proportion requirements.”
New or vacated committee seats are filled by a ranked-choice vote of the legislature.
Countback Procedure for Filling Vacancies
“When vacancies occur for any elected office, the seat is filled first by using countback procedures from the prior election results to determine a new winner from the pool of candidates as if the vacated member was never a candidate in the election.”
An empty seat is filled first by “countback” — recovering the next result from the prior election’s data, with no new vote needed.
Factionally Special Elections for Vacancies Committees
“If the result of a countback procedure fails to yield a replacement, then an election is called in the affected Jurisdiction at the designated Special Election interval. Unless otherwise amended, Special Elections occur Ninety (90) to One Hundred Eighty (180) days after the vacancy occurs.”
If countback produces no replacement, a special election is held in the affected area.
Delegation of Legislative Authority to Referendum
“Legislatures may, by Supermajority vote, delegate their legislative authority on specific issues directly to Individuals through questions of referendum.”
By supermajority, the legislature can hand a specific decision directly to the voters.
Creation of Laws by Petition
“Individuals can create laws directly by submitting petitions signed by a threshold percentage of their jurisdiction’s population to the Election board. Initiatives are placed on the next Jurisdiction wide ballot after they are received. Petitions are invalidated if their proposed law is interpreted by a constitutional court to be unconstitutional, or if too many signatures have been invalidated through an independent and transparent audit.”
Citizens can enact laws themselves through petitions signed by a set share of the jurisdiction.
Modification or Repeal of Referendum Acts
“Legislative acts that require a simple majority of legislators to agree, require a simple majority of the population to agree. Acts that require a Supermajority of legislators to agree require a Supermajority of the resident population to agree.”
Undoing a law made by referendum takes the same level of public agreement that passed it.
Majority and Supermajority Requirements for Referendums
“Legislatures, by supermajority vote, can modify or repeal acts passed through the referendum process during the same term unless a supermajority of the population approved the act. After a general election, all acts passed by the population in prior legislative sessions are treated as law passed by the legislature.”
The legislature may only alter or repeal a referendum act by supermajority, and only within set limits.
Invocation of Emergency Powers
“In the event of natural disaster or actual invasion, Legislatures may, by Supermajority vote, invoke Emergency Powers for the purposes of preserving the lives, properties, boundaries, and Constitutional Order.”
Only in genuine disaster or actual invasion, and only by supermajority, may the legislature invoke emergency powers.
Definition and Limits of Emergency Powers
“The expected duration, not exceeding the maximum allowed, area of affect, not exceeding Jurisdictional authority, and specific enforcement methods, not breaching Constitutional Order, are defined when invoking Emergency Powers.”
Emergency powers are bounded in duration, area, and scope — never open-ended.
Renewal of Emergency Powers
“Legislatures, by Supermajority vote, may renew Emergency Powers for a time not to exceed the Maximum Duration.” “Unless otherwise amended, the Maximum Duration of Emergency Powers is Ninety (90) days.”
Renewing emergency powers takes another supermajority and can never exceed the maximum duration.
Non-Disruption of Civic Processes
“Emergency Powers cannot disrupt the Legislative, Judicial, or Electoral process, nor disrupt any other civic process.”
Emergency powers can never suspend elections, the courts, the legislature, or any other civic process.
Judicial Review of Emergency Powers
“Emergency Powers are subject to Judicial review.”
Courts can review emergency powers as a check against abuse.
Subdivision of Legislatures
“Legislatures cannot subdivide themselves as to select members from separate pools of voters unless the total number of representatives exceeds a defined maximum. When Legislatures exceed the maximum number of members, the population is subdivided into contiguous and equal groupings. Where there are subdivisions and an odd number of representatives, the boundaries are made in such a way as to keep the ratio of representatives to each subdivision’s population uniform.”
A legislature cannot carve itself into separate voter pools to rig its own representation.
Non-Interference with Civic Obligations
“Individuals cannot prevent any other Individual, Representative, or Civil Officer from voting, debating, or otherwise fulfilling their civic obligations. Individuals working on behalf of their Jurisdictions cannot prevent these same things by refusing to execute their own civic obligations.”
No one may stop another person from voting, debating, or carrying out their civic duties.
Prohibition of Retroactive and Punitive Acts
“Acts cannot apply to actions that occurred prior to their enactment nor can any Act punitively target specific individuals or groups.”
Laws cannot punish acts that were legal when done, nor single out specific people for punishment.
Arrest Warrant Requirement
“Individuals working on behalf of their Jurisdiction cannot arrest any other Individual except with a warrant from a court establishing the reason for the arrest and the maximum duration an Individual can be held.”
Officials cannot arrest anyone without a proper warrant, barring narrow, defined exceptions.
Prohibition of Servitude
“Individuals cannot be held as property or compelled into servitude for any reason.”
No one may be held as property or compelled into servitude, for any reason.
Double Jeopardy and Judgement Overturn
“Any Individual who has been prosecuted for a criminal act cannot be prosecuted for that same act again. All other Judgements can be overturned only by proven contradictions in law and errors found in the cases that cause invalid Judgements.”
No one can be prosecuted twice for the same act.
Prohibition of Compulsory Payments for Civic Rights
“Individuals cannot be compelled to pay taxes, fees, liens, or costs to exercise their Civic Rights and Obligations.”
You cannot be charged taxes, fees, or costs as the price of exercising your civic rights.
Creation of Chief Executive Departments
“Legislatures create Chief Executive departments for the purpose of executing the laws and administrating the whole Jurisdiction.”
The legislature creates executive departments to carry out and administer the laws.
Creation of Treasury Departments
“Legislatures create Treasury departments for the purpose of managing the capital and finances of their Common Good.”
It creates treasury departments to manage the jurisdiction’s common finances.
Creation of Defense Departments
“Legislatures create Defense departments for the purpose of protecting Individuals and the Common Good of their Jurisdiction.”
It creates defense departments to protect individuals and the common good.
Creation of State Departments
“Legislatures create State departments for managing their Jurisdictions’ internal and external relationships.”
It creates state departments to manage internal and external relationships.
Creation of Justice Departments and Judiciaries
“Legislatures create Justice departments for enforcing the law, and Judiciaries for settling disputes of law and constitutional order.”
It creates justice departments to enforce the law and judiciaries to settle disputes.
Creation of Other Necessary Departments
“Legislatures create Other departments that are necessary for upholding constitutional order and executing the laws.”
It can create any other departments needed to uphold constitutional order.
Duration of Civil Appointments
“Unless otherwise amended, Civil Appointments last for ten (10) years.”
Civil appointments last ten years unless amended.
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