Section 3
This section governs the transition of existing institutions, laws, and officials from the prior constitutional system to this Charter. It ensures lawful continuity while enforcing the supremacy of the Charter. Where a conflict arises, this section shall be read in harmony with all other Charter provisions, and any more specific timeline or instruction elsewhere in the Charter shall take precedence.
A. Legal Transition and Implementation
Upon ratification, any provision of law, precedent, or institutional rule that clearly and directly conflicts with this Charter shall be rendered inoperative, subject to the transitional provisions below.
A.1. General Transition Scheme
To ensure continuity and lawful governance, any conflicting provision of prior law shall remain temporarily in effect until the earliest of:
Two (2) years from the date of ratification; or
The date on which the administrative authority with jurisdiction over the subject matter formally declares itself fully transitioned to the framework of this Charter.
Regardless of the above scheme, specific provisions for transition contained elsewhere in this Charter supersede this general framework.
During this period, all institutions of government shall interpret and apply existing law in a manner most consistent with the Rights, duties, and structure established by this Charter. After this transition period for any provision, the inconsistent laws or practices shall be fully and finally void.
A.2. Specific Transition Provisions
a. The Executive Branch
Presidential and Vice Presidential term limits apply to all terms beginning after ratification, and any prior terms still count toward the limit.
The Vice President will be elected separately, starting with the first Presidential election after ratification.
The Vice President’s duties—receiving briefings, supporting lawful orders, and objecting in writing to unlawful ones—take effect immediately upon ratification.
Emergency and cybersecurity powers in this Charter take effect as soon as the President confirms that the required advisory bodies are in place, and no later than one year after the Charter has been ratified. Until then, existing laws will still apply, but they must be used in a manner that respects the Charter’s limits and protections.
Current Cabinet members may remain in office until they are removed, replaced, or the President’s term ends. The new rules for appointments and dismissals apply only to future appointments.
b. The Judicial Branch
Judicial term limits, court structure, and appointment procedures established by this Charter apply to all future appointments following ratification.
Judges and Justices serving at the time of ratification shall continue in office temporarily under the transition rules described below.
Within forty-five (45) days of ratification, the Chief Justice of the Supreme Court will assign all seated judges and justices into staggered groups for transition based on the limits set in this Charter.
Term limits will be calculated as if this Charter had been in effect when each judge first took office.
Judges who have already passed their term limit must leave by the end of the second full Judicial Year after ratification. Supreme Court Justices will be replaced one at a time each year, starting with the longest-serving, until the Court matches the Charter’s structure. After that, a new Justice will be appointed every two years, in years without Congressional elections.
All other judges will follow a staggered schedule so that about one-third of each federal court turns over every two years. This includes Circuit, Provincial, District, Immigration, and Supreme Courts.
No judge serving under the prior Constitution shall be reappointed to the same court.
Magistrate Judges serving at the time of ratification may finish their current appointments. The new terms, duties, and compensation rules apply only to Magistrates appointed after ratification.
The Judicial Nomination Board must be established within six months of ratification and convene immediately to create candidate lists for each court. Starting one year after ratification, all judicial vacancies must be filled using the process outlined in this Charter and the lists provided.
Temporary cross-designation of judges to fill unfilled seats shall be permitted during the transition period, in accordance with the Charter’s rules. This rule does not apply to the Supreme Court, which must await confirmation of permanent appointees.
Judges and Supreme Court Justices serving at the time of ratification may resign or continue serving until their terms end. By choosing to remain in office, they are understood to have accepted the duties and obligations of this Charter, as if they had taken the required Oath.
c. The Legislative Branch
Members of Congress serving at the time of ratification may complete their current terms. The rules and qualifications established in this Charter apply to all future terms and elections beginning after ratification.
Term limits set by this Charter apply to all terms served, including those completed before ratification. No Member of Congress may be re-elected if doing so would violate the term limits established herein.
All procedural rules, ethical obligations, and operational structures established by this Charter take effect immediately upon ratification, except where a different timeline is stated in this section or elsewhere in the Charter.
Congress has one hundred eighty (180) days after ratification to update its rules, ethics code, and support offices to match this Charter. Until that time, current procedures may stay in place.
The first Congressional election after ratification will use the current system, except party affiliations must be removed from the ballot. Ranked-choice voting and petition-based access begin with the second election. All other election reforms in this Charter take effect with the third.
The requirement for Members of Congress to maintain official residences in the capital shall begin with the second Congress seated after ratification. Immediately after ratification, Congress will ensure appropriate action is taken to provide the required residences by the deadline.
No amendment to this Charter or statute can be passed that alters, suspends, overrides, or interferes with the redistricting process in this Charter until after the first full redistricting cycle following the next decennial census. This is an absolute provision and not subject to waiver, emergency exception, judicial reinterpretation, or procedural workaround. If the People conclude after that first redistricting that they choose to change it, they may then do so.
d. General Compensation and Continuity of Government
Federal officials serving when this Charter is ratified—Members of Congress, the President, the Vice President, and federal Judges—will keep their current pay until their current term ends.
At the start of any new term or appointment after ratification, compensation must follow the standards set by this Charter.
Pension eligibility and calculation for officials serving at the time of ratification follow the rules in place when the person in question took office.
Pensions provided under this Charter apply only to those who begin their term under its authority.
Any institutional office or authority created by this Charter—including, but not limited to, the Federal Elections Commission, Judicial Nomination Board, Federal Licensing Authority, and Judicial Enforcement Service—must be organized and operational no later than one (1) year after ratification, unless a shorter timeline is specified elsewhere in this Charter.
No temporary extension of existing compensation, office, or authority beyond the timelines in this Charter shall be permitted unless explicitly stated in a separate provision of this Charter.
Suppose it becomes clear that a transition deadline in this Charter cannot be met. In that case, the responsible authority must notify the Supreme Court as soon as practicable, and no later than ten (10) days after the deadline passes. Implementation shall continue under existing procedures during the Court’s review. The Supreme Court may authorize a limited extension if it finds that delay is unavoidable and that the requested extension is reasonable and strictly necessary. No extension shall be granted without written justification and may not exceed what is needed to achieve compliance.
A.3. Emergency Failovers
If a designated branch or officer fails to carry out a Charter-mandated transition action by the required date, and no alternative is provided elsewhere in this Charter, the following principles apply:
a. Failure to Convene an Appointing Body
The Supreme Court may appoint a temporary replacement or convener from qualified candidates.
b. Failure to Enact Implementing Statutes
All members of Congress immediately become ineligible to run for federal office upon expiration of their term, unless remedied before their current terms conclude, and seven Citizens from the national capital shall be selected to write and implement an interim statute, not subject to Presidential veto or remand.
c. Failure to Organize New Institutions
The Chief Justice must appoint an interim administrative officer to fulfill the functions until full compliance is achieved.
d. Provisional in Duration and Effect
These failover provisions are strictly temporary and expire upon lawful institutional compliance. Moreover, beyond their mere existence, they shall not be treated as binding precedent in common law.
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