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| | |-+  A recommendation to the new Senate
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Author Topic: A recommendation to the new Senate  (Read 478 times)
King
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« on: October 26, 2004, 06:14:17 pm »
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To avoid legal battles, such as that with Governor Ernest,  I recommend the new Senate form an amendment to the Constitution that outlines what rights regional governments hold.
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Harry
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« Reply #1 on: October 26, 2004, 06:33:30 pm »
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I agree
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Ernest
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« Reply #2 on: October 26, 2004, 07:00:29 pm »
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It already does.

Quote from: Amendment IV
Section 1. Sentence 1.
Each region has the right to govern themselves and carry out regional elections as they wish.

Quote from: Civil Liberties Amendment
Clause 14:  The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Unless you can find something in the Constitution that bans Regions from carrying out the death penalty (as a power prohibited to the States)  then the Federal government can't ban the death penalty from being used by the Regions.
« Last Edit: October 26, 2004, 08:38:55 pm by SE Gov. Ernest »Logged

“Always it is easier to pay homage to prophets than to heed the direction of their vision.”
                Clinton Lee Scott

Read Fat Man on a Diet, an alternate history in which the history of atomic weapons does not go as it did in our timeline.
MAS117
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« Reply #3 on: October 26, 2004, 08:13:59 pm »
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I also agree to this and would support it if elected.
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Harry
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« Reply #4 on: October 26, 2004, 09:30:40 pm »
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However the constitution doesn't give the regions the power to nullify laws
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Ernest
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« Reply #5 on: October 26, 2004, 10:05:09 pm »
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Senator, I have a duty to follow the Constitution of both Atlasia and the Southeast Region.  I see absolutely nothing Constitutional in a law that has the Federal government repealing constitutional laws of the Regional governments.  Indeed, such action is explictly unconstitutional. The only way that The Death Penalty Abolition Act could possibly do more than abolish the Federal death penalty would be if the death penalty itself is unconstitutional, in which case the Act itself would be unneeded as the Constitution itself would abolish the death penalty.  Given the similarities of the US and Atlasian Constitutions and the rulings of the US Supreme Court on this issue, I fail to see how the death penalty could be ruled unconstitutional per se.
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“Always it is easier to pay homage to prophets than to heed the direction of their vision.”
                Clinton Lee Scott

Read Fat Man on a Diet, an alternate history in which the history of atomic weapons does not go as it did in our timeline.
MAS117
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« Reply #6 on: October 26, 2004, 10:31:10 pm »
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Governor Ernest, after you were elected you immediatly nufflied the Death Penalty and so on. Did you even take a poll or ask the people of your Region what they think? Sounds like you arent a man of the people.
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Ernest
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« Reply #7 on: October 26, 2004, 11:17:21 pm »
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Governor Ernest, after you were elected you immediatly nufflied the Death Penalty and so on. Did you even take a poll or ask the people of your Region what they think? Sounds like you arent a man of the people.
I acted to implement the existing laws of the States that comprise the Southeastern region, all ten of which use the death penalty.  I did so in a manner that provided for court review of the unconstitutional provisions of The Death Penalty Abolition Act before undertaking any irrevocable acts.  It would be presumptious in the extreme for me to assume that the people did not want particular laws enforced.  Surely, as a former Justice, you would not want me to ignore the law.   If the people of the Southeast wish to cease the usage of the death penalty there exists the initiative process by which they can do so  Indeed, I have expressed my willingness to expidite the process in this case to the extent available to me under the Southeastern Constitution, in part to make it as clear as possible that my action here is not based upon my opinion of the death penalty.
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“Always it is easier to pay homage to prophets than to heed the direction of their vision.”
                Clinton Lee Scott

Read Fat Man on a Diet, an alternate history in which the history of atomic weapons does not go as it did in our timeline.
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