Founder

Incumbent | Achipel | Since March 7, 2018

"*Imagine threatening the Founder with disobeying RP rules."*

– Achipel

The **Founder** is the "supreme executive authority" and head of state for the New West Indies. Under §21 of the Constitution, Achipel is the sole nation to assume the position of Founder, and he has served in that role since the birth of the region on March 7, 2018.

As Founder, Achipel acts as the head of the state for the New West Indies via sharing security powers with the Secretary-General and ensuring no unilateral amendments to the Constitution are made without approval from the General Assembly. The Founder may also veto any actions stemming from the Secretariat at their discretion. All powers utilized by the Founder must be contemplated by the Constitution or General Assembly law.

In a scenario where the nation of Achipel ceases to exist, the World Assembly Delegate would assume the role of Founder until such time that Achipel returns to the region. The current Delegate is Chief Justice Karteria.

## Selection and term

Achipel became the Founder following their creation of the New West Indies region on March 7, 2018. At this point, the Constitution had not been created, so all positions were purely pragmatic. Following the creation of the Constitution on March 21, 2018, Achipel was legally instated as Founder with no term limit or possibility of impeachment.

## Duties and functions

### Transfer of power

While New West Indies law does not require the Founder to be involved in elections, they remain an integral part of selecting government officeholders. Following the election of either the Secretary-General or the President of the General Assembly, the Founder inaugurates the new officeholder at the beginning of the new term (usually the 1st of following month) by appointing them as a regional officer with appropriate powers. The Chief Justice has not been granted a regional officer role, most likely because they are not legally afforded mechanical on-site powers.

Despite absence in law, mechanically-speaking, it is apparent that only the Founder could conduct an inauguration. Since the Founder is the only nation with the "executive" authority, they are the only one able to appoint nations as regional officers, requiring their involvement. Thus far, there have not been any recorded situations where the Founder has failed to promptly inaugurated a newly elected officeholder.

### Founder Vetoes

*Main articles: Founder Vetoes, Veto of Executive Decree 017*

Under §23 of the Constitution, the Founder "shall wield veto power over the decisions made by the Secretariat." The explicit meaning of this phrase has yet to be interpreted by the High Court, but essentially, this means the Founder can at the least overturn official actions made by either the Secretary-General or their Cabinet. This power is rarely utilized.

However, on January 26, 2020, the Founder vetoed Executive Decree 017 enacted by then Secretary-General Karteria. Debate raged in the General Assembly chamber, with the Founder contending the Discord communication rules established by the decree were not legal and should be submitted to the General Assembly instead. Others argued that the decree should be repealed and replaced instead of being vetoed, if recalled at all. The Secretary-General countered that they had the authority to enforce communication rules through the Freedom of Expression section of the Constitution. Eventually, a compromise was reached between the disagreeing parties, and the Secretary-General revised the decree, enacting the replacement ED018 on the next day.

### Security

§23 of the Constitution and other laws affords the Founder various security-related powers. The two major tenets of Founder security authority can be classified as a narrow power and a broad power. Regarding the former, the Founder "must use its executive authority" to counter "any foreign aggression meant to invade, raid, or destablize the region." To enforce such measures, the Founder may "issue Executive Decrees containing the purpose and validity of [taking] precautionary measures." This clause affords the Founder authority for countering foreign threats, though these decrees may be repealed by the General Assembly or overturned by the High Court.

The Founder has only utilized this authority one time. Following the events of the Yashou conflict, the Founder enacted Executive Decree 026: "Temporary Preemptive Security Measures" on June 3, 2020. For the entirety of June, the region was password-protected, preventing free immigration. At this time, according to the Founder, the region was under threat from Yashou's multitude of puppets attempting to destabilize the community. Under the decree, hopeful residents could still submit their citizenship application to the Department of Internal Affairs and receive the password for entry.

More broadly, the Founder may also "use [their] powers without authorization" where they "reasonably believes that the security or stability or the New West Indies is under threat." Following such an action, the Founder must provide a written statement to the Secretariat with necessary justification. If there was no prior authorization present, and the Secretariat compels the reversal of the action, "the Founder must comply with such order." Thus, this power is somewhat more wide-reaching than that directly related to foreign threats. However, this authority has been limited by the High Court. Following the apparent failure by the Secretary-General to host the General Assembly presidential election in December 2020, the Founder announced that they would administer it on January 3 the following year. It is unknown whether the Founder felt their decision was justified under this clause of §23, though the accuser in the case speculated as much. This action was analyzed in the state trial regarding the Secretary-General's failure: "it is probable that instability . . . was not present as the accuser claims", since "[lacking] a President of the General Assembly . . . does not rise to the level of existential crisis or the complete destabilization of regional operations." Thus, the Founder cannot unilaterally host a presidential election (or temporarily fill the presidential position himself), at least in this context.

Additionally, the Founder maintains the authority under General Assembly Resolution 001 to revoke citizenship from any nation they deem to be a security threat. This power has never been realized; customarily, the Founder has let the Executive Branch handle citizenship.

### Moderation

Under §23 of the Constitution, the Founder "oversees moderation of the region and its platforms." Under Article 5 of General Assembly Resolution 045, the Founder maintains direct purivew over the communication rules of each platform and enforcement thereof. In this sense, the Founder manages the Moderation Team itself, which includes appointment, dismissal, and administrative work. The Founder may also hear appeals of moderation actions taken by other members of the Team, if requested by the subject of the action. This request must come in the form of a formal complaint, either through the bot or via private message to the Founder.

### Administration

Under GAR045, the Founder is the "owner of the New West Indies Discord server and may utilize all powers of the owner in a reasonable manner" assuming "such usage does not violate the rights and legal privileges of citizens and residents" or otherwise violate GAR045. This clause corresponds with the Founder's customary administrative authority for the duration of the server's existance. On-site administrative authorities for the Founder have largely not been determined by law, though this was partially addressed by the High Court in *Reno Sheriffs Department v. New West Indies*. "Upon the original creation of the New West Indies, the Founder was given authority (in mechanical terms) over Appearance, Border Control, Communications, Embassies, and Polls . . . [they] may exercise these powers unless limited by New West Indies law." It is currently unclear to what extent separation of powers applies to the Founder in this context, considering the Executive Branch maintains authority over these mechanical authorities.

## Politics and influence

As the Founder, Achipel maintains significant influence over regional affairs. He is the second most prolific lawmaker in the General Assembly, having authored or co-authored seventeen resolutions since March 2018. Many of these resolutions came about in the Nascent and Expansion Eras, as the region was still trying to get off the ground. When not authoring new laws, he is a significant voice for various legal and political debates.

While Achipel is highly active in lawmaking and politics, during the period of political parties, he made a point to dissuade unnecessary confrontation. He also declined to join any party to maintain independence from partisanship.

## Reserve powers

The Founder may, if necessary, block a member of the Secretariat or of the High Court from unilaterally amending the Constitution. At present, the official constitutional text is under the control of the Secretariat through the NWI.gov account. The most likely scenario would be if the Secretary of Administration improperly and unilaterally (in the mind of the Founder) amended the Constitution, since they are responsible for its maintenance. However, the Founder has never exercised this authority.

The Founder may also, if they feel it is necessary, dissolve the Executive Cabinet and remove the Secretary-General from office. This action would stem from the Founder's belief that the Secretariat is "irresponsible of their tasks and duties" or that their decisions are "detrimental to regional stability or security." Should dissolution occur, a new election for Secretary-General shall be held within 14 days. A dissolution by the Founder has never been enacted.

## Succession

Under normal circumstances, the Founder does not have a term limit, nor are they impeachable or expellable. Nevertheless, there remains a possibility that Achipel's nation ceases to exist due to inactivity. In this situation, the Constitution requires that the World Assembly Delegate assumes the position of Founder for the duration of Achipel's nonexistence. The Delegate retains all authorities previously prescribed to the original Founder. Additionally, all members of the World Assembly in this scenario to endorse the Delegate for security.

Should Achipel revive their nation and return to the New West Indies, they regain their position as Founder, and the situation returns to the status quo. The Constitution does not consider what happens if Achipel leaves the region without ceasing to exist. Thus far, Achipel has not ceased to exist, nor have there been any recorded close calls.

## History

### Nascent Era and Early Expansion

The modern-day Founder position is somewhat different from the original Founder of the Nascent Era (March and April 2018) and Early Expansion (May through June). During this time, the Founder was heavily involved in regional affairs, foreign and domestic. Achipel was the sole author of the Constitution, oversaw the implementation of the roleplay, led recruitment efforts, and negotiated the Evergreen Ecoprogressive Solidarity Coalition with Conifer. As a result, the Founder directly shaped the political and cultural landscapes of the New West Indies forever. As the incumbent Secretary-General, the Founder conducted administration that would later be left to the currently-nonexistent Executive Branch. The Founder established the Discord server on March 30, 2018, creating a new space for creativity and socialization. The Founder would also frequently host elections for government offices.

### Canilu and Volirum Eras

During this period, the Founder would continue conducting Discord administration and hosting elections for government offices. While Achipel remained personally involved in regional affairs, his duties as Founder greatly decreased relative to the Nascent Era, as the Executive government was taking over responsibilities related to culture and recruitment.

### Karterian Era

Following the election of Karteria to Secretary-General and the introduction of new government operations, the Founder would continue to work as the head of state. This era saw new security threats rear their ugly heads, as the period began with the exile of Electorate. Because the High Court had yet to be established, the Founder worked alongside the Secretary-General in enacting bill of attainder punishments for offenders like Electorate. This period included one of the first uses of the Founder's narrow security authority, when Achipel locked the region down in June 2020. There was also the first Founder Veto ever enacted for Executive Decree 017. As the regional government was growing stronger and more complex, the Founder began to utilize their powers in full force.

### Renaissance Era and beyond

As the region began to develop significant cultural feats beyond the standard roleplay, the regional government began to cede control over major operations to private entities, such as the Roleplay Committee. The Founder, meanwhile, assumed further responsibilities following the passage of General Assembly Resolution 045, which bestowed them with moderation control. Under their purview, the Moderation Team enforces platform communication rules created by the Founder and confers punishment where necessary. Multiple offenses previously under the High Court's jurisdiction, such as major elements of Abusing Freedom of Expression, were moved to Moderation.

During the Celestiam administration, the Founder attempted to administer the December election for President of the General Assembly following the Secretary-General's apparent failure to do so. However, the Court did not agree with the move, finding it "questionable that the Founder would seek to unilaterally administrate a new election while there is a lawful method of acquiring redress." The Court ended up ordering the newly elected Secretary-General Ventus Prime to host a new election on January 20, 2021.

## List of Founders

For the duration of New West Indies history, the only Founder has been Achipel, leading since the region's inception.

Founders
* Locked the region for one month
* Attempted to host an irregular GA election

## References

1. ↑ Discord Message.
2. ↑ 2.0 2.1 NWI History page.
3. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 §23 of the Constitution.
4. ↑ 4.0 4.1 4.2 §24 of the Constitution.
5. ↑ Original Publishing date of the Constitution.
6. ↑ §28 of the Constitution.
7. ↑ 7.0 7.1 It should be noted that "executive" here does not refer to the Executive Branch or powers thereof. See the Administration page of the New West Indies for more details.
8. ↑ 8.0 8.1 Veto announcement.
9. ↑ General Assembly Resolution 044: "An Executive Decree enacted by the Founder shall be subject to potential repeal by the General Assembly or judicial review by the High Court as if it were any other decree..."
10. ↑ Karteria Executive Decree Library.
11. ↑ *Reno Sheriffs Department v. New West Indies*, 20-12 N.W.I. 113 (2021). Paragraph 17.
12. ↑ *Reno Sheriffs Department v. New West Indies*, 20-12 N.W.I. 113 (2021). Paragraph 22.
13. ↑ See paragraph 30 of the same ruling.
14. ↑ 14.0 14.1 General Assembly Resolution 045.
15. ↑ *Reno Sheriffs Department v. New West Indies*, 20-12 N.W.I. 113 (2021).
16. ↑ 16.0 16.1 §18 of the Constitution.
17. ↑ Resolutions of the General Assembly.
18. ↑ This period coincided with Karteria's first term as Secretary-General, from July - December 2019.
19. ↑ 19.0 19.1 §19 of the Constitution.
20. ↑ Statement by the Founder regarding the Constitution, March 13, 2018.
21. ↑ 21.0 21.1 "Achipel's Distinctions." NWI.gov, January 10, 2020.
22. ↑ Statement by the Founder on recruitment efforts, June 5, 2018.
23. ↑ Department of Foreign Affairs homepage.
24. ↑ Server Description. AugustinAndroid Bot.
25. ↑ Example of an election hosted by the Founder. June 2018.
26. ↑ 26.0 26.1 Executive Decree 026.
27. ↑ *Reno Sheriffs Department v. New West Indies*, 20-12 N.W.I. 113 (2021). Paragraph 23.
28. ↑ *Reno Sheriffs Department v. New West Indies*, 20-12 N.W.I. 113 (2021). Paragraph 58.
29. ↑ Election announcement.

## External Links

1. Karteria Executive Decree Library.
2. Moderation Overview.