Constitutional Codification of Independent Agencies Act

Constitutional Codification of Independent Agencies Act

Passed by the Senate on 1 June 2025.

Signed by the President on 2 June 2025.

Passed by referendum on 2 June 2025.

Authors: duck.ph, Ferris

Preamble

Recognizing

the Supreme Court decision In re Article 4 s5 of the Executive Act 2023 [2025] SDSC 9;

Noting

that the ruling declares that the Senate cannot create parallel authorities that wield executive power without the President’s oversight unless codified into the Constitution;

Recognizing

the assistance of BTernaryTau in the formulating the text to codify the EC;

THE SENATE OF SIMDEMOCRACY PROCLAIMS:

Part 1: Codification of the Electoral Commission

Article 3, §4.11 of the Constitution shall be amended to read:

    “The Supervisor of Elections, in conjunction with the Electoral Commission, shall oversee the by-election process.”

A new subsection shall be added under Article 14, §3 of the Constitution which shall read:

    “The Supervisor of Elections is to guarantee SimDemocracy's democratic continuity by administering its elections and referendums in conjunction with an Electoral Commission.”

Article 14, §9.1 of the Constitution shall be amended to read:

    “If the position of Supervisor of Elections is somehow unfilled, an Electoral Commissioner shall be appointed in order of seniority to assume the responsibilities of the position. If no Electoral Commissioner is available, the Reddit Supervisor shall assume the responsibilities of the position. If the Reddit Supervisor declines or is unresponsive, the Discord Supervisor shall assume the responsibilities of the position.”

Part 2: Codification of Independent Agencies

A new section shall be added to Part 1, Article 4 of the Constitution that reads:

    “The Senate shall reserve the ability to create agencies that are independent of the executive’s authority when doing so is expeditious to upholding constitutional rights, government accountability or the preservation of essential government functions and records.”

A new subsection under the aforementioned section shall be added to Part 1, Article 4 of the Constitution that reads:

    “The creation of such an agency may be appealed to the Supreme Court, which shall determine if there is sufficient purpose for said agency being independent.”