Senate motion
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[[Category: Senate Motion]] | |||
Revision as of 10:34, 2 November 2014
I have no need of the power to propose a motion senator - that's what you are for. The soldier has a post, the sword has a scabbard, the pot has a fire. Everything has a purpose. Raising this motion is now yours.
Varkula, The ThroneOverview
Motions are the primary way that the Senate carries out its business. Commissions are ordered, laws implemented, citizens appointed - all using motions. All the main powers of the Imperial Senate rely on a motion being raised and passed when directly employed by the Senate.
The only alternative to a motion is if the Senate create an Imperial title which has the legal authority to use one or more Senate powers. These powers can then be executed using an announcement in the Senate rather than a motion.
Proposal
A member of the Senate with the power of proposal may propose a single motion each summit. The number of motions is strictly limited to prevent individual senators from monopolizing the Senate's time. Currently, the Imperial titles with the power of proposal are:
A motion must have a second. Any citizen with the right to propose a motion may also second a single motion each summit.
Wording
The Speaker for the Senate will read out the wording of a motion, so it is helpful to keep the wording concise. If the motion will change Imperial law, then it is a good idea to discuss the wording with the magistrates first.
Motions that disburse funds should state how much and to whom. The Senate cannot legally direct how the recipient might spend Senate funds, but it is still advisable to make the Senate's expectation clear in the wording of the motion, as the Synod do have the power to punish citizens whose actions fall short of what is legitimately expected of them.
A motion to create a new Imperial title should state the tenure, how the title will be appointed and how it can be revoked. They should lay out clearly which legal powers, if any, the title will have authority to use. The Senate cannot legally direct what the holder of the title should do, nor how they will do it, but like a disbursement, it is still worthwhile to set out the responsibilities of the office. The Synod is expected to use the stated responsibilities of an Imperial title to inform any judgement made against the citizen who holds the office.
A motion to commission new mercantile investments should state what the desired economic output will be. The civil service will use this to calculate what bourse resources are required to achieve this - and then the Senate can judge what disbursement if any to make.
The wording of the motion is recorded for posterity in the Imperial archives, so those citizens with an eye to their place in history will want their wording to have a pleasing cadence. Some proud senators have been known to employ Freeborn scriveners or Wintermark stormcrows to give the wording of their motion more impact.
Limitations
Single Issue
A motion must contain a single clear issue that senators can vote on. The civil service will not normally allow a motion that incorporates multiple separate issues. The defining test for this is whether a senator might wish to vote in favour of one part of a motion and against another part. It is common for the Senate to debate a set of motions with similar themes; in these situations the motions are often discussed together as a set and then voted on in rapid succession.
Constitution
It is not legal for the Senate to pass a motion which violates the spirit of the constitution. Each motion that comes before the Senate is scrutinized by the magistrates to check for any constitutional implications. Motions that changes to the way the constitution is interpreted or applied are possible, but require a constitutional vote to pass. Motions that violate the principles of the constitution will be struck down even if they have already passed the floor of the Senate. Sensible senators will bring their motions to the civil service in good time, before submitting them for a session, to ensure that they can be checked and any appropriate changes made.
The magistrates are the highest authority on the principles and application of the constitution. Historically, they have always acted to ensure that the rights and powers of the other bodies of state such as the Bourse, Military Council or Conclave and the nations and citizens of the Empire receive the protection they are guaranteed by the Constitution.
Voting
Motions are decided by vote of the members of the Senate. Votes are usually open. In open votes, the Speaker will invite all in favour of the motion to move to the Throne's left or right; "Ayes" to the right and "Noes" to the left. The functionaries of the Senate will then count the votes and the result is announced. If no-one present disputes the count, then it is recorded and the matter is complete.
Any senator may call for a secret ballot. To permit a secret ballot on a motion first requires the majority vote of all present. If that vote passes then one white and one black bead are distributed to everyone who can vote and they vote by placing a single bead into bags carried by the Senate functionaries.
If a citizen is not present during the session then they forfeit their right to vote, unless they have appointed a proxy who is present to vote in their stead. It is not possible to cast a vote in advance, the citizen with the power to vote must be present to do so. It is not unknown for senators on their deathbed to be brought to the floor of the chamber to cast a vote.
Majority Vote
A normal motion requires a majority vote. For a majority vote to pass requires only that the majority of those present vote in favour. This means that the votes of those who are absent are ignored. Most, but not all, members of the Senate have the right to vote on each ordinary motion that is brought before the Senate. Currently, the Imperial titles which the power to vote on an ordinary motion are:
The General Assembly of the Imperial Synod may veto a single majority vote once per Imperial summit. If any motion is vetoed by the Imperial Synod then the Senate may not raise a motion which is functionally the same until the next summit.
Constitutional Vote
Any motion that changes the way the constitution is interpreted or applied requires a constitutional vote to pass. In addition the election of a new emperor or empress to The Throne always requires a constitutional vote.
For a constitutional vote to pass requires a two-thirds majority vote of the senators of the Empire, whether or not they are present, or even in position at that time. The Imperial Constitution explicitly states that only senators may vote on such an issue, so no other Imperial title exists or can be created which can vote in a constitutional vote.
The Throne is assumed to be independent of the political affiliations of the senators. Any change to the law that has constitutional implications requires the approval of the Throne to ensure that the Senate is acting in the interests of the Empire as a whole. A motion that requires a constitutional vote cannot be passed without an Empress.
The General Assembly or the Assembly of Nine may veto any constitutional vote.
Budget
If a vote requires a budget to be allocated, the Speaker will ask every individual who voted in favour to remain standing where they are. The Speaker then suggests the minimum possible amount the individual who proposed the motion believes might be used to achieve the goal. If the majority of voters remain in favour then the Speaker will keep announcing a higher figure until enough citizens cross the floor that there is no longer majority support for the motion at that level of expenditure. The motion is passed with the highest level budget that received majority support.
Consideration
Although there are limits on how often the Synod may act they are entitled to veto any motion passed by the Imperial Senate. Formally, a motion passed by the Senate does not become law until the beginning of the next session - as this is the time limit by which the Synod must act if they intend to do so. Traditionally however, employing the veto is sufficiently rare that the Senate usually goes about its business without delay. In particular, disbursements are commonly made after a vote is concluded, rather than waiting until the beginning of the next session. Only a coronation is automatically delayed until the beginning of the next session.
If members of the Synod wish the Senate to delay implementation of a motion, while the power of the veto is sought, then the best way to achieve this is to tell relevant individuals in the Senate. The conscience of the Senate, or any cardinal who tells the Speaker for the Senate that they intend to seek the veto will be sufficient to delay a disbursement until the beginning of the next session. The priest may also speak directly to any senator or citizen who has been charged to act by the Synod requesting that they delay acting until the Synod has had time to consider the matter.
Citizens are not legally compelled to wait - but any citizen that does not do so is taking a grave risk. If a citizen acts on a motion that is subsequently vetoed by the Synod, then that citizen is likely to be found guilty of subverting the agencies of state. The severity of any punishment will be based on how reversible the actions are and how aware the citizen was that the Synod intended to veto the motion.
Withdrawal
The citizen who proposed a motion may withdraw it at any time. If a motion is withdrawn before a session begins then the citizen may still raise a motion that summit. If a motion is withdrawn after a session begins then the right to propose a motion that summit is lost.
Administrative Motions
The Speaker for the Senate has the authority to raise one or more motions in the Senate by adding them to the agenda. These are usually described as administrative motions to stress their non-partisan nature and commonly have two purposes.
- They allow the civil service to request clarification from the Senate on previous motions passed, so that the civil service can't be certain what the will of the Senate is. In legal terms, these motions modify the motion they are clarifying, but they are classed as administrative motions to stress their non-partisan nature. Administrative motions are subject to veto by the Imperial Synod as normal.
- They are also employed the first time an Imperial position is appointed by the Senate. The Speaker traditionally includes an administrative motion of this kind in the agenda for any session that includes a proposal to create a new Imperial title.