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by Wachoviaa. . 32 reads.

WA | COUNCIL OF ELDERS [Wip]


Faith. Liberty. Justice


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COUNCIL of ELDERS

08 SEPTEMBER 1867
Established

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High Elder

Walter J. Harris III

Secretary

Carolyn A. Dawkins


The Council of Elders was established in the fall of 1867, as the governing body of the Colony of Wachovia. Since its establishment, it's role in the governing of Wachovia has evolved with the times - first as deliberative assembly with absolute jurisdiction over matters of state, into a mere advisory board in the mid-20th century, and now as the highest Judicial (de facto) and Legislative (de jure) body in Wachovia under the 1996 Constitution. Membership on the Council is two-fold, as membership may be granted by appointment of the standing Council, or upon the ascension of the eldest descendent of a member of the original Council. In all, the Council currently consists of 23 members who together act as the heads of state of Wachovia, electing from among them, a High Elder who serves as spokesman and presiding officer.

The Council acts as the Court of final appeals in the Republic, reviewing the decision of lower courts upon petition or through a process known as "Toalae", which allows for the Council to review a decision at its discretion on matters dealing with constitutional law. In addition to this, the Council exercises the power of Judicial Review over legislation and executive acts, scrutinizes bills before the National Assembly, settles disputes between Counties, and directs policy in the unorganized and tribal territories of the Republic. These powers, de jure and de facto, are affirmed through the Constitution of 1996 and convention under the sovereignty of the Council.

ROLE AND FUNCTION

Under the 1996 Constitution, and subsequent Amendments, the Elder Council forms the third branch of government within the Republic. Owing to its status as the "Mother Institution" of the Wachovian Government, the other two branches are extensions of the power originally vested within Council upon the establishment of the Colony of Wachovia in 1867. As a legislative body, the power of review and consent is a result of the devolution of legislative powers originally granted to local governments in 1882, and to the several states in 1902 upon Wachovia's independence from the United States. It was after gaining Independence that the Council was reorganized as the upper house of the General Assembly, the national legislature at the time. Legislative power was further devolved to the lower chamber of the Assembly in 1933, with the rise of the Barons whose used their popularity to transfer power to the Presidency and lower chamber. It wasn't until the establishment of the 2nd Republic following Wachovia's Civil War, that the Council's position as a branch of government in their own right was codified into constitutional law. It was during the 2nd Republic, that the High Court of Appeals was abolished, and their power transferred to the Council whose combined legislative and judicial powers reframed its role in the governing of Wachovia. In the same manner as during the Colonial Age of Wachovia, the Council took on an advisory role as neutral arbiters of disputes, and to uphold the "laws, traditions, and customs" of the Republic. In this, the Council has sometimes found itself on the opposite side of public opinion, with members being recorded as viewing public as "waves, tossed and driven by the times", quoting biblical text, whereas the Council "held to the values and principals upon which Wachovia was founded. Indeed, the Council "never forgets the hope of Peoria".*

Under the 1996 Constitution, the portfolio of the Council is three fold — Ceremonial, Judicial, and Legislative.

    CEREMONIAL

Traditionally, the Elder Council has been viewed as the embodiment of the state — a body representative of the heart and spirit of the Republic. In this vein, members of the Council have collectively acted as ‘Heads’ of State during ceremonies and national celebrations. The Council participates in the official opening of the National Assembly, receives Ambassadors, welcomes delegations during State Visits, and performs several constitutional duties on behalf of the state.

In the name of the Council does the National Assembly, Prime Minister, and other officials carry out their duties. The Council affixes its seal to documents appointing representatives to foreign posts, to bills approved into law, to treaties and other official documents of the Republic. Likewise, the Council can withhold its Seal which could force bills back into the Assembly, deny the appointment of representatives, remove recognition of Tribes, etc. The use of the National Seal is the sole tool by which the Council can assert itself into matters of state beyond those responsibilities outlined in the Constitution. Beyond this, the Council may call for national holidays, and perform other ceremonial tasks befitting of the Heads of State.

Ceremonial dress of the Elder Council,
which feature a green robe with red and
black trim.

    JUDICIAL

Historically, the Elder Council acted as the court of arbitration during the earliest days of the Republic. Out of its legislative function, the Council would issue charters to local governments, establish and negotiate the boundaries of counties and recognized tribes, and likewise solve disputes which may have risen at all levels of government. This practice sometimes extended to solving civil disputes between large commercial entities, such as mining companies disputing over the ownership of newly discovered deposits of gold as was the case during the Wachovian gold rush of the late 1800s. However, this practice largely fell out of prominence in the years following independence as legislation was introduced within the National Assembly which created a separate judicial system for both civil and criminal matters. By the 1920's, the Council rarely exercised it's judicial power of review which gave rise to the Barons of the 1930's and 40's, whose refusal to recognize the judicial power of the Council reduced their effectiveness.

With the end of the Civil War in 1947, the National Assembly restored the Council's authority to exercise Judicial Review within the Republic on Constitutional Matters, and those concerning the relationship between the national government and Tribes. This was reaffirmed with the 1996 Constitution which reestablished the Council as the 'court of final appeal' in Civil and Government matters, with the Supreme Court of Justice exercising this power in Criminal Matters.

While the entire Council exercises Judicial Authority, a committee of 11 members known as the "Judicial Commission" exercises judicial affairs on behalf of the council at-large on most matters. This Commission is chaired by the Secretary of the Council of Elders, who reads the decision of the committee to the Council which conducts a mostly procedural vote of affirmation. In rare occasions, however, the Council may vote to review the Commission's findings or to hear the case at hand directly.

Judicial Decisions of the Council may only be reversed by the Council itself or through amendment to the Constitution, which requires a 2/3 majority of the Assembly, and plurality of the Council present during voting.

    LEGISLATIVE

TEXT

Logo of the Ministry of Domestic and Tribal
Affairs, which falls under the jurisdiction of
the Elder Council.

*Quotes taken from the memoir of Oliver Harris, fourth High Elder (1946-1988).

Wachoviaa

Edited:

RawReport