Government of the Union of American Socialist Republics



The All-Union Government of the United Republics (UASR All-Union Government) is the national government of the Union of American Socialist Republics, a federated socialist council republic in North America, composed of forty-seven integral republics, five autonomous republics, and six associate republics. The All Union Government is composed of two nominally separate, yet interlinked branches: the legislative-executive branch, connected as in the liberal democratic Westminster system, and the judiciary, whose powers are vested by the Basic Law of the UASR in the All-Union Congress of Soviets and its subsidiary organs, and the system of revolutionary tribunals respectively.

Legislative-Executive Branch
The All-Union Congress of Soviets(AuCoS), under Article II, section 1 of the Basic Law of the UASR, is the supreme instrument of the workers' state.

Makeup of the AuCoS
The All-Union Congress of Soviets is composed of delegations elected, in proportion to population, by the republican congresses of soviets. This is, by convention, done according to the party composition of the republican congresses, which, themselves are comprised of delegations elected in a similar manner by their constituent, directly elected district soviets in a nested participatory manner. As per Article II of the Fundamental Principles of the Dictatorship of the Proletariat, there shall never be more than three degrees of separation between the masses and the All-Union Congress of Soviets. Terms of office in the Soviets are limited to two years. Deputies are subject to recall by their republic’s congress, or by direct petition from the republic’s voting population. In the 1940s, the AuCoS is required to have one deputy apportioned for every 50,000 persons, resulting in an enormous body. Therefore, while full plenums are required for major business such as the election of the steering committee, presidium and certain important commissions, and the passing of organic law, most oversight over the other organs of government is exercised by smaller quorums and various standing commissions. To do the everyday functions of governance, legislation, and oversight, the AuCoS elects various smaller committees, some of which include:


 * The Constitutional Committee, responsible for the review and drafting of organic laws, and oversight of the constitutional interpretation of devolved institutions of government.
 * The Nationalities Committee, responsible for examining the status of the different nations living in the UASR and advising the Congress on the subject.
 * The Public Accounts Committee, which investigates public expenditures of the All-Union government.
 * The Standards Committee, which regulates the conduct and propriety of members of the Congress.
 * The Central Executive Council, the steering committee for the Congress and executive of the All-Union government, and the collective head of government of the United Republics

Apart from these, the Congress of Soviets also elects the Presidium, the collective head of state of the UASR for a term that lasts no more than five years.

The Presidium
The Presidium of the Union of American Socialist Republics is, in accordance with the socialist principle of collegiality, the collective head of state of the UASR, with a role similar to the monarch of the United Kingdom , the various governor-generals of the dominions, and the President of the French Republic. The Presidium of the Congress of Soviets is elected to five year terms by the Congress. The Presidium serves as the presiding officer of the Congress much like the Speaker of the House of Commons in the United Kingdom and its successor state, the Franco-British Union. This duty is typically rotated among the secretaries serving in the Presidium, with the Secretary-General of the Presidium presiding over more symbolically important business. Apart from this, the Presidium also has a variety of other functions, including:


 * 1) The promulgation of decrees and laws enacted by either the Congress of Soviets or the Central Executive Council.
 * 2) The dissolution of the Central Executive Council and the setting of new elections upon the recommendation of the Central Committee.
 * 3) The appointment and dismissal of the Central Committee according to the confidence expressed by the CEC.
 * 4) The power to suspend all acts ratified by the Central Executive Council for a period of up to six months, except upon the concurrence of two-thirds of both chambers of the CEC. The Presidium may during this period order such acts submitted to the Congress of Soviets for ratification.
 * 5) The establishment of orders and medals in the UASR, and in the awarding of such.
 * 6) The right of pardon.
 * 7) Ratification of all treaties, upon the advice and consent of the Central Executive Council.
 * 8) Representing the Union in foreign affairs, including the reception of envoys, and in appointing and dismissing all ambassadors and other plenipotentiaries upon the advice and consent of the Central Executive Council.
 * 9) The power, with the advice and consent of the Central Executive Council, to appoint judges of the All-Union Tribunal system.

Upon any dissolution of the CEC, the Presidium shall be required to convene the Congress of Soviets. Members of the Presidium shall hold the privilege of speaking on the floor of   any chamber of the Central Executive Council.

Composition
The Presidium consists of a Secretary-General, and such deputies and secretaries as shall be determined by law, elected by the Congress of Soviets. The Presidium shall be accountable to the Congress of Soviets for all its actions. The Secretary-General may not be a member of the Central Executive Council or an officer of any member of the Union. The composition of the Presidium has changed frequently during the history of the United Republics. In the 1930s, the Presidium consists of seven secretaries, including a Secretary of Nationalities. The List of Secretary-Generals of the Presidium can be found here.

The Central Executive Council
The Central Executive Council is defined by the Fundamental Principles of the Soviet Congresses and the Basic Law of the UASR as the steering committee of the Congress of Soviets. In this regard, it sets the agenda of the Congress in much the same way that the Cabinet would through the Leader of the House of Commons. But in its day-to-day functions, the Council is the originator of most legislation. In this regard, the Council functions internally much like the House of Commons, divided between the majority and the opposition. But this analogy is complicated by the Council’s role as the collective head of the All-Union government. As per the Basic Law, The All-Union Central Executive Council shall serve as the standing legislature of the UASR whenever the Congress of Soviets is not in session. The Central Executive Council shall be elected in two different ways: The bulk of the Central Executive Council shall be directly elected by the All-Union Congress of Soviets, roughly on the basis of the party distribution within it. This semi-independent "chamber" of the Central Executive Council, hence referred to as the CEC, is known as the Council of People's Deputies. Meanwhile, the remaining part of the CEC consists of delegates directly nominated by the various republics of the UASR, with one delegate coming from each republic. This "chamber" or the CEC is called the Council of Republics. The whole body is responsible to the Congress of Soviets and must maintain its confidence.

Organization
All members of the Central Executive Council must serve on a minimum of one Executive Committee of An All-Union People's Secretariat, and can serve in more, but cannot chair more than one. An All-Union People's Secretariat is the equivalent of a Ministry in the Westminster system or a Secretariat in the Old United States. Each executive committee gives both the governing majority and opposition a role in administration and oversight of the Secretariats and subordinate agencies. The Chairman of each Executive Committee, who, by convention, is from the governing coalition, is also the chief administrative officer of the People's Secretariat, the People’s Secretary. These "people's secretaries" are the equivalent of Government Ministers in the Franco-British Union, or Commissars in the Union of Soviet Socialist Republics. Together, the various People's Secretaries form the Central Committee, a constituent organ of the CEC.

Upon election, chairmen of the executive committees(i.e.the People's Secretaries) shall be appointed by the Presidium and shall hold office with the confidence of the CEC. If a constructive motion of no confidence receives the support of the majority of the CEC, then the current Central Committee must resign or be dismissed, and the new Central Committee appointed. If at any time the Central Committee loses the confidence of the CEC, and no new Central Committee has been elected on the same ballot, then the CEC shall be dissolved, and new elections held.

Thus, the Central Committee (or, the CC), is the closest analogue to the Cabinet of the United Kingdom or the Old United States. The closest analogue to the Prime Minister or the First Secretary in the UASR is the Premier of the Central Executive Council, who leads the governing majority of the CEC, and chairs all meetings of the CC.

A list of all the Premiers of the UASR is available here.

Governance and Powers
During its two-year term, the Central Executive Council may govern exclusively whenever the Congress of Soviets is in recess, and by convention a caretaker Council will govern during the periods when the Congress is dissolved for elections. Under the Soviet Government Law, ratified by the Congress of Soviets on 16 July 1933, all acts of the Central Executive Council (and the Provisional Government that preceded it) must be confirmed by a plenum of the Congress of Soviets before its dissolution. Acts not confirmed are repealed upon the seating of a new Congress. The AuCoS can also override the Presidium's suspensive veto(see power 7 of the Presidium) by confirming vetoed laws of the CEC by a simple majority vote. The Powers of the Central Executive Council include:


 * 1) Representation of the Union in international relations, conclusion and ratification of treaties with other states;
 * 2) Questions of war and peace;
 * 3) Control over the observance of the Basic Law of the UASR and ensuring conformity of the Basic Law of the members of the Union with the Basic Law of the UASR;
 * 4) Organization of the defense of the UASR and direction of the Revolutionary Armed Forces;
 * 5) Foreign trade on the basis of state monopoly;
 * 6) Safeguarding the security of the state;
 * 7) Establishment of the national economic plans of the UASR;
 * 8) Approval of the single state budget of the UASR as well as of the taxes and revenues which go to the all-Union, Republican and local budgets;
 * 9) Administration of the banks, industrial and agricultural establishments and enterprises and trading enterprises of all-Union importance;
 * 10) Administration of transport and communications;
 * 11) Direction of the monetary and credit system;
 * 12) Organization of state insurance;
 * 13) Raising and granting of loans;
 * 14) Establishment of the basic principles for the use of land as well as for the use of natural deposits, forests and waters;
 * 15) Establishment of the basic principles in the spheres of education and public health;
 * 16) Organization of a uniform system of national economic statistics;
 * 17) Establishment of the principles of labor legislation;
 * 18) Legislation on the judicial system and judicial procedure; criminal and civil codes;
 * 19) Laws on citizenship of the Union; laws on the rights of foreigners;
 * 20) Issuing of All-Union acts of amnesty;
 * 21) The impeachment of the Presidium and all other public officers for official misconduct, high crimes or treason. All impeachments shall be tried by a special tribunal elected from the Congress of Soviets.

Apart from this, the Council of the Republics, as an independent body, has the following powers:


 * 1) To propose amendments to legislation on the floor of the CEC, subject to approval by a simple majority of the CEC;
 * 2) To conduct official, independent inquiries and provide oversight over the All-Union and provincial governments.
 * 3) To oversee All-Union elections and to provide indictments for violation of election law;
 * 4) Confirmation of alterations of boundaries between Integral Republics;
 * 5) Confirmation of the formation of new Autonomous Republics within Integral Republics;

In Addition, the Central Executive Council is prohibited to make legislation of the following types:


 * 1) No bill of attainder or retroactive law shall be made or enforced.
 * 2) No tax or duty shall be laid on articles exported from any party to the Union.
 * 3) No preference shall be given by any regulation of commerce or revenue to the ports of one republic over those of another.
 * 4) No money shall be appropriated from the public trust except by provisions of law. Regular statements and accounts of all receipts and expenditures of all public money shall be published regularly.
 * 5) No title of nobility shall be granted by the Union, and no person shall accept any office or title of any kind from any foreign state except upon the consent of the CEC.

Procedure
Each chamber shall be the judge of the qualifications of its own members, and a majority of each shall constitute a quorum; a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members. Each chamber may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member. Each chamber shall keep a journal of its proceedings, and regularly publish the same. Neither chamber, during the session of the Central Executive Council, shall adjourn for more than three days without the consent of the other.

Wages and Immunity
All members of the CEC shall be paid wages as determined by law, which shall not exceed the wage of an average skilled worker. All members of the CEC shall possess parliamentary immunity, except if having committed treason, a felony, or breach of the peace.

Overview
The Judiciary of the UASR is vested in a system of tribunals, consisting of an All-Union Supreme Revolutionary Tribunal, and all inferior tribunals established by law. The basic level of the All-Union Judiciary is divided into districts based off the boundaries established for the United States district courts. These multi-judge People’s Tribunals hear administrative, civil and criminal cases individually, in multi-judge commissions, or as a plenum, depending on the severity of the case. In addition to the exercise of federal law, the tribunals have oversight roles over the republican tribunals in their district. Verdicts can be appealed to the Review Tribunal. Cases granted appeal will be heard by one of the numbered collegium of the Review Tribunal, corresponding to the defunct circuit courts of appeal. The court of last resort for all appeals, the Supreme Revolutionary Tribunal, has discretionary authority over appeals. In addition, a number of collegium have been attached to the Supreme Revolutionary Tribunal to deal with specialized matters outside the normal district and review courts, such as the Military Collegium, which oversees the application of military justice in the courts-martial, and hears appeals from them.

The system of law in the UASR, the lex proletarii, is quite different from the old common law based judiciary of the former United States. In its place, the UASR established a system of civil law heavily influenced by Continental legal codes and the legal code of the Soviet Union. While the body of case law and the principle of stare decisis were junked by this reform, the influence of English adversarial legal principles was not wholly abolished in this transition.

While judges and juries have been empowered with more active roles in the judicial system with new lex proletarii, the legal system did not transition to a full inquisitorial system. While the system adopted specially trained examining tribunes during pre-trial discovery, especially for criminal trials, trials are still chaired by a separate trial tribune who rules on issues of procedural and substantive law.

While minor cases are typically conducted as bench trials, major civil and criminal cases are tried before a jury of citizens. Jurors under the lex proletarii are akin lay judges in continental jurisdictions in that they have undergone special judicial training. However, they are not volunteers, and are selected by sortition to serve for a fixed term.

Jurors are allowed to present a nullification verdict in civil and criminal cases, but such cases provide one of the few options available to criminal prosecutions to appeal an acquittal (others being levels of gross malfeasance rarely found in the judiciary).

Jurisdiction
The jurisdiction of the All-Union Judiciary extends to all cases that are based on the Basic Law of the UASR, and the laws of the Union and treaties made consequently, to all cases affecting ambassadors, other public ministers and consuls, to all cases in ships of the UASR, to disputes between the Union and its citizens, the Union and its republics,between two or more republics, between a republic and its citizens, between citizens of the UASR, and between foreign states and citizens.

Responsibilities
The All-Union Supreme Revolutionary Tribunal shall have the following responsibilities;


 * 1) To give the Supreme Revolutionary Tribunals of the member Republics the authentic interpretations on questions of federal legislation;
 * 2) To examine, on the request of the Solicitor-General(equivalent of the Attorney-General of the Old United States) of the UASR, the decrees, decisions, and verdicts of the Supreme Revolutionary Tribunals of the member Republics, with the view of discovering any infraction of the federal laws, or harming the interests of other Republics, and if such be discovered to bring them before the CEC of the UASR;
 * 3) To render decisions on the request of the CEC of the UASR as to the constitutionality of laws passed by the member Republics;
 * 4) To settle legal disputes between the member Republics

Terms
All members of the judiciary shall hold their office in good behavior, for terms established by law. A term shall not exceed ten years. In addition, the law may limit the lifetime tenure of any person to a specific judicial office, whether by fixing the number of terms permissible to hold that office, or the total time allowed to be spent in that office.Judges can be impeached by the CEC for official misconduct, high crimes or treason. All impeachments shall be tried by a special tribunal elected from the Congress of Soviets.