View source for Military Instatement and Creation Act 2025

[[Category:Legislation]] [[Category:Executive]]
=Military Instatement and Creation Act (MICA) 2025 Reforms=
;Preamble: The current Military Instatement and Creation Act (MICA) contains provisions that unduly concentrate authority within the Senate, thereby diminishing the functional and strategic roles of the Executive Branch and the leadership of the SDAF. This reform aims to establish a balanced distribution of power and responsibilities among the Senate, the President, and the newly defined military leadership, while ensuring that civilian oversight of the military remains intact.

==Section 1: Secretary of Defense and Chief of The Armed Forces.==
1.1 The position of Secretary of Defense (SecDef) shall be established as a civilian cabinet position within the Executive Branch, responsible for overseeing the strategic management of the SDAF.

1.2 The Secretary of Defense shall be nominated by the President and confirmed by a majority vote of the Senate.

1.3 The position of General within the SDAF shall be abolished and replaced by the Chief Of The Armed Forces (CoAF), who shall serve as the primary military advisor to the President and Secretary of Defense. The CoAF must ONLY be a current, or former member of the military, while the SecDef may be a civilian individual.

1.4 The Chief of The Armed Forces shall be:
*Nominated by the President,
*Confirmed by a majority vote of the Senate, and
*Responsible for operational and administrative leadership within the SDAF.

1.5 Only military personnel with a minimum rank of Captain or higher, may be eligible for appointment as The Chief Of The Armed Forces

==Section 2: Military Command Structure and Promotions==

2.1 The chain of command in the SDAF shall be as follows, in descending order: 
# Chief of The Armed Forces
# Major General
# Captain
# Sergeant
# Cadet

2.2 Commissioned officers within the SDAF must be promoted by either the Chief of The Armed Forces or the Major General in accordance with established guidelines for merit and performance.

2.3 Major General positions shall be granted solely by the Chief of The Armed Forces, following rigorous evaluation and consideration of the needs of the SDAF.

2.4 The Chief of The Armed Forces shall be the highest-ranking officer in the SDAF and shall report directly to the President, who retains ultimate authority over the military as Commander-in-Chief.

2.5 The appointment of the Chief of The Armed Forces shall follow this process:

 The Chief of the Armed Forces and Secretary of Defence shall select a candidate. If the Chief of the Armed Forces and Secretary of Defence cannot agree upon a candidate, the President shall act as a tiebreaker. The Senate shall conduct a confirmation hearing and approve the candidate by a simple majority vote. If the candidate fails to secure a majority vote, the Chief of the Armed Forces and Secretary of Defence must select a new candidate. 

2.6 If the Chief of the Armed Forces has been impeached, the candidate selection process is carried out solely by the Secretary of Defence and the longest serving Major General, with the President acting as tiebreaker if necessary.

2.7 No more than one Chief of The Armed Forces may serve at any given time.

==Section 3: Civilian Oversight and Reporting Requirements==
3.1 The Secretary of Defense shall be required to submit a quarterly report to Congress detailing:
*The status of military readiness,
*Budgetary expenditures and allocations, and
*Ongoing or planned military operations, excluding classified matters that could compromise national security.

3.2 The Chief of Armed Forces shall submit a monthly operational update to the Secretary of Defense and be available to testify before Congress on military matters when summoned (pending a vote for said hearing)

3.3 The President retains exclusive authority to order military actions, however must inform the senate within 2 hours of their respective time-zone of issuing the order.

==Section 4: Budgetary Oversight and Funding Allocation==

4.1 The budget for the SDAF shall be proposed every presidential election cycle by the Secretary of Defense in consultation with the Chief Of Armed Forces and submitted to the Senate in a report. (The senate is NOT given the right to veto the budget or approve said budget, the president retains all authority in the budgeting of the SDAF). The senate may veto the budget with a ⅔ supermajority.

==Section 5: Transitional Provisions==

5.1 All current holders of the position of General shall transition to “Major General” within the SDAF until the appointment of the first Chief of The Armed Forces under this Act.

5.2 Existing Major General and lower-ranking positions within the SDAF shall remain unaffected by this transition. (Excluding Soldiers which would be divided up among the ranks dependent on experience and merit).

5.3 This Act shall take effect 2 days following its passage and signing into law, allowing sufficient time for the Executive Branch and SDAF to implement the necessary administrative and structural changes.

==Conclusion==

This Act seeks to modernize the structure of the SDAF, ensuring a balance of power among the Executive Branch, the Senate, and military leadership while preserving the foundational principle of civilian oversight of the armed forces.