Federal Council

The Federal Council (Kiravic: Rektārkax Kovar) is one of the five constitutional bodies of the Kiravian federal government. It consists of Councillors representing the governments of the member states of the Kiravian Federacy. Its sessions are held at Confederation Hall in Kartika (known unofficially as the Kartika Tholos), which also houses its permanent Secretariat.

The Federal Council serves several different purposes in the Kiravian constitutional framework: Representing the interests of state governments, ensuring regional and thematic balance in national decision-making, adding an additional round of approval for important decisions to ensure that they have reasonably broad support, and enforcing accountability on the other constitutional bodies. The Council has no power in its own right to legislate for, tax, compel, or adjudicate private persons or entities, nor the federal subjects - its powers only apply to other federal government entities and officials.

Powers and Function

The Federal Council serves to represent the interests of the Federacy's member-states, acting as a national "board of directors" of sorts on long-term policy directions and major national decisions.

The Kartika Tholos, seat of the Federal Council.

Approval of amendments to the Fundamental Statute by a 3/4 majority
Approval and rescission of declarations of war by a 2/3 majority
Ratification of treaties by a simple majority
Audits of both the executive branch and agencies subordinate to the Federal Stanora
Approval by a qualified majority of legislation that imposes unfunded mandates on the states.
Approval by a simple majority of legislation regarding customs regulation, admiralty law, and migration and nationality policy.
Primary responsibility for governance of the Reserve Bank of Kirav and the exclusive power to appoint its President.
Confirmation of judicial appointments (2/3 majority for Federal Consistory judges, simple majority for all others)
Nomination of candidates for the Prime Executure.
Impeachment of the Prime Executive, Second Executive, and Federal judges (to be tried by the Stanora)
Subpœna powers against the Prime Executive, Second Executive, and other executive-branch officials.
Approval of changes to the boundaries of states and territories already consented to by the legislatures of the affected states.
Admission of new states to the Federacy
Nomination of the Prosecutor-General of the Kiravian Federacy
Appointment of Grand Prosecutors to carry out criminal prosecution against constitutional officers.

The Federal Council does not have power over the federal budget. This proceeds from the fact that the Fundamental Statute prohibits the federal government from taxing the states but allows it to tax the people.

In addition to its constitutionally-enumerated powers, the Federal Council exercises a great deal of "authority without power" (akrovir dhas āra). Most of the articles the body debates and passes are nonbinding resolutions voicing the Council's (and by extension, the states') opinion on matters of national policy. These are frequently used to express objections to executive actions or legislation, which can have a significant effect on public opinion.

Legislative Role

The approval of the Federal Council is required for several classes of legislation:

Constitutional amendments
Ratification of treaties affecting domestic law
Legislation on subjects of concurrent federal and provincial jurisdiction
Legislation requiring the provincial governments to administer federal mandates, programmes, or regulations
Legislation effecting changes to citizenship and nationality law
Resolutions effecting the admission or elevation of new states
Changes to the territorial extent of the federal themes

Accountability Role

[Impeachment]
[Auditing & Oversight]

Electoral Role

The Federal Council nominates candidates for election to the offices of Prime Executive, Second Executive, and Contingency Executive. In order to qualify for election to these offices, a ticket (naming one candidate to each office) must be proposed by at least one Councillor and seconded by at least one Councillor from a different theme. A properly nominated ticket may be disqualified by a 3/4 vote for reasons of "constitutional ineligibility, manifest unfitness, or great scandal." Once finalised, the list of approved tickets is disseminated to the provincial governments for the preparation of ballots. In this way, the Federal Council acts as an institutional gatekeeper to the Prime Executure.

In the past, it was fairly common for "alternative tickets" with overlapping candidates to be nominated. Most often, this meant two or more tickets with the same Prime Executive candidate but different Second Executive candidates, and more rarely multiple tickets with the same Second Executive candidate under different Prime Executive candidates. It was not unheard of for the same person to be nominated for the Prime Executure on one ticket and the Second Executure on another. An alternative ticket has been elected once, during the Sunderance, when PE Eridan Vrixur was reëlected but his unpopular Second Executive Irardus Kovelpar was replaced by T.E. Lurévastin. The Restoration Constitution created the office of Contingency Executive and barred the same candidate from being nominated to more than one office simultaneously, eliminating the less common form of alternative ticket. The more common form still occurs but is now generally frowned upon.

Consultative Role

Continuity of Government

The Federal Council features prominently in the continuity of government provisions of the Restoration Constitution. The Council is considered the "safest" constitutional body for continuity-of-government purposes. Due to the selection of Alternate Councillors, who generally remain in their home state when not standing in for a sitting Councillor, it is extremely unlikely that all Councillors and their Alternates would be rendered unable to serve by anything less than an apocalyptic event. Furthermore, vacancies on the Council can be filled quickly and easily by state legislatures or, failing that, as many state constitutions allow, by gubernatorial appointment, without having to organise a time-consuming election during a crisis situation. As such, the Federal Council is the constitutional body least likely to be rendered inoperative by a catastrophic event affecting Kartika, and the one most easily reconstituted without having to resort to emergency provisions.

The Order of Succession defines an automatic line of succession to the Prime Executure in the event that the Prime Executive or Acting Prime Executive is killed or incapacitated, beginning with the Second Executive and running through all (currently 25) members of the Executive College, down to the Contingency Executive. If the line of succession is exhausted past its fourteenth successor (the Executive for Exchequer and Management) and not yet replenished, the Federal Council may elect a new Prime Executive and Second Executive if necessary.

In the event that the Executive College and Stanora are inoperative but the Council can still function, interim executive power resides in the rotating President of the Council until the Council elects a new PE. The Council assumes legislative power until the Stanora can be reconstituted.

Membership

The Fundamental Statute requires only that Councillors must be resident citizens of the Federacy and of the states that they represent, be at least 35 years of age, and not hold any other public office. Enlisted members of state guards may be Councillors, but officers may not. Councillors serve at the pleasure of their state legislatures, and can be appointed, recalled, or replaced at any time for any or no reason, provided that the President and Recording Secretary of the Council are duly informed. The Federal Consistory case Kilkennan v. Ilfenóra determined that the states are not obligated to seat a Councillor, and may leave their seat vacant for any duration of time they wish. Long-term vacancies were very common historically, when lengthy and difficult journeys between the more distant states and Kartika often resulted in Councillors spending many months in transit. Additionally, gridlock in state legislatures has been (and continues to be) a cause of long-term vacancy.

Modern Councillors usually vote according to instructions from their legislatures, especially on votes with legally binding consequences. However, the degree of control that legislatures exert over Councillors varies by state, over time, political landscape, and the individuals involved. A few states require that their Councillors vote only according to instructions voted on by the legislature or as directed by the legislative leader, forcing them to abstain if instructions are not sent. Most states, however, permit their Councillor to vote according to their own judgement in the event that the legislature does not send instructions, cannot agree on any, or is not in session. Legislatures have also been known to "punt" decisions on controversial or contentious votes to their Councillors to avoid electoral backlash. Councillors from states whose legislatures are not in session year-round, such as Kyllera and Koskenkorva, frequently vote on their own initiative.

State legislatures typically appoint Councillors from the ranks of their state's former legislators and governors, though many continue to appoint celebrated non-politicians from their states, including prominent authors, military and law enforcement figures, and even athletes (Hanoram appointed Kiravian football quarterback Æternius Kelderin as its Councillor from 21199-21200). At the beginning of 21208, 32 Councillors were former Governors, 20 were former Delegates, 11 were former state legislators, 7 were former state executive officials, three were former federal executive officials (including one former general), and four were non-politicians, including two cosmonauts, a Gaelic bard, and a potato farmer.

Informal Roles of Councillors

Councillors have long played the role of informal "Ambassadors" from their state to the federal government. Historically, this entailed consulting with the Prime Executive and Cabinet officials on policy matters, often in conjunction with their state's Delegates. While today the Prime Executive is in direct and frequent contact with state governors through telecommunications and face-to-face meetings, many Councillors do continue to actively consult with Cabinet officials and the heads of federal agencies on matters relevant to their state or to the national interest. Overseas states with large populations, such as the Sydona Islands and Varisavia, keep their Councillors especially busy in this capacity. Councillors also sometimes act as substitutes for state governors at events that the governors are unable to attend themselves.

Administration and Procedure

The Fundamental Statute gives no prescriptions for how the Federal Council is to conduct its business, so the rules and organisation of the Council are largely self-created. Leadership of the Council is vested in a President, who presides over meetings and oversees the Secretariat. The Presidency rotates among the regional groups (see section below) annually, changing hands on the day of the autumnal equinox. The regional group receiving the Presidency usually selects the President from among its number a week or so before the equinox. While a group can replace the President anytime during its turn in the rotation, this is almost never done for any reason other than death or vacancy. If the President is absent from a meeting or the presiding regional group fails to select a President, the longest-serving member of the Council becomes the acting President.

The Council is a continuous body that is never dissolved and does not schedule its activities by legislative periods. Its composition changes piecemeal as individual state legislatures recall and replace their Councillors. Federal Council records are collated by calendar year rather than by session.

All non-procedural votes are by roll-call. States are called for their vote in order of the date that they were admitted to the Federacy, with one exception. Serikorda and Etivéra, which happened to ratify the Fundamental Statute during the same hour on the same day and both claim the honour of being the first state, alternate voting first. The government-in exile of Wintergen Island, despite representing one of the oldest parts of the Federacy, has been called last in every vote since [YEAR]. This is because, due to the occupation of Wintergen by Burgundie, the state's Councillor is chosen by five non-elected legislators living in Kaviska. As such, out of respect to the populated states and to ward off accusations of being a pocket borough, the Wintergen Board of Estimate instructs its Councillors to abstain from legally-binding votes unless they are relevant to the status of Wintergen or are unanimous. Voting last allows the Wintergen Councillor to confirm that support for the measure is indeed unanimous before casting his vote.

Subordinate Agencies

Audit Court of the Kiravian Federacy - Financial supervisory body that audits the federal budget and the use of federal funds by lower levels of government. The Audit Court may also audit (at its discretion) the budgets of the Federacy's non-state provinces.

Bureau of Governance Analysis - In conjunction with the work of the Audit Court, the BGA reports on the efficiency and efficacy of federal programmes and administration, and identifies areas of potential waste, fraud, and abuse. It also conducts policy research and provides the Council with data and projections to inform its decisions on policy matters.

Constitutional Reform Council - Consultative body that studies proposals for constitutional reform and provides preliminary review of formally proposed constitutional amendments to be put before the Council. The Reform Council regularly provides the Council with promising proposals for constitutional reforms, which are politely ignored.

Economic & Social Council 2 - Electric boogaloo.

Regional Groups

The Federal Council is a non-partisan body. While many of its members belong to state-level political parties, the Council does not recognise any cadres or other political groups. Councillors are instead seated by Regional Groups corresponding (generally) to the geographic location of the state they represent. The Presidency of the Federal Council rotates among the Regional Groups annually, with each group electing one of their number to the Presidency.