Vested Powers and Limits on Powers Ammendment
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Author Topic: Vested Powers and Limits on Powers Ammendment  (Read 4072 times)
Bono
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« on: November 07, 2004, 11:16:41 AM »
« edited: November 11, 2004, 12:09:58 PM by Senator Bono »

Section One -- Powers vested on the Senate

The Senate shall have the power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense of Atlasia; but all duties, imposts and excises shall be uniform throughout Atlasia and the people therein;

To borrow money on the credit of Atlasia;

To regulate commerce with foreign nations, and to upheld the nonexistance of tariifs, imposts or duties on imports or exports among the several regions, except those absolutely necessary for executing their inspection laws.

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout Atlasia;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of Atlasia;

To establish post offices and post roads;

To promote the Progress of Science and useful Arts, by securing to Authors and Inventors the exclusive Right throughout Atlasia to their respective Writings and Discoveries for limited Times which shall not be extended once secured, and which shall be no longer than the Author or Inventor's life.

To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of Atlasia, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Section Two -- Limits on Senate

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

No bill of attainder or ex post facto Law shall be passed.

No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

No tax or duty shall be laid on articles exported from any region.

No preference shall be given by any regulation of commerce or revenue to the ports of one region over those of another: nor shall vessels bound to, or from, one region, be obliged to enter, clear or pay duties in another.

No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

No title of nobility shall be granted by the United Forum: and no person holding any office of profit or trust under them, shall, without the consent of the Senate, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

No Law requiring any action to be taken or to be not taken by a Region shall be passed, except to preserve the rights of the Senate or of the People enumerated under the Constitution.


Section Three -- Limits on Regions

No region shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

No region shall, without the consent of the Senate, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any region on imports or exports, shall be for the use of the treasury of the United Forum; and all such laws shall be subject to the revision and control of the Senate.

No region shall, without the consent of Senate, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another region, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.


--------------------------------------------------------------------------------

Open for consideration.
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Bono
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« Reply #1 on: November 08, 2004, 02:59:55 AM »

Bump. It would help if senators actually were debating this, instead of that union cripcrap.
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Peter
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« Reply #2 on: November 08, 2004, 05:14:01 AM »

I agree that Senators as a matter of priority should deal with the Constitutional crisis that has befallen the Forum. Debating legislation is pretty pointless at this point, since its all prima facie unconstitutional thanks to Fritz v. Ernest. Whilst I know that this sort of Constitutional Amendment isn't brilliantly exciting and is rather tedious, it will be much better if the Senate just bits the bullet and gets on with it.
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The Dowager Mod
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« Reply #3 on: November 08, 2004, 03:58:11 PM »

To raise and support armies, but no appropriation of money to that use shall be for a longer term than six months;
------------------------------------------------------------------------

No Law requiring any action to be taken or to be not taken by a Region shall be passed, except to preserve the rights of the Senate or of the People enumerated under the Constitution.

I don't like either of these in their present form.
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Bono
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« Reply #4 on: November 08, 2004, 04:17:55 PM »

To raise and support armies, but no appropriation of money to that use shall be for a longer term than six months;
------------------------------------------------------------------------

No Law requiring any action to be taken or to be not taken by a Region shall be passed, except to preserve the rights of the Senate or of the People enumerated under the Constitution.

I don't like either of these in their present form.


So in what form do you suggest them?
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The Dowager Mod
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« Reply #5 on: November 08, 2004, 05:43:26 PM »

Raise the time limit on the first, and strike the second completely.
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Fritz
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« Reply #6 on: November 08, 2004, 06:16:03 PM »

Whereas the Senate is currently considering amendments to the Constitution which will render this ruling moot, I ask the Court to renew its ban upon any executions being carried out in the Southeast region.

Having reviewed all the proposed amendments to the Constitution currently under consideration by the Senate, I see no power to legislate with regard to Regional criminal justice in any of the proposed amendments.  Therefore, unless the Senate passes a constitutional amendment concerning this, the decision that the Senate has no power to regulate captial punishment in the Regions stands.

The Chief Justice is being good enough to let us all know now, that so far the Senate's proposals have not addressed the question raised by Fritz vs. Ernest regarding the federal government's authority to regulate capital punishment.  Senators, PLEASE make sure the amendment you pass will be able to uphold the legality of the Death Penalty Abolition Act.  Thank you.
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Peter
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« Reply #7 on: November 08, 2004, 06:18:27 PM »

The Chief Justice is being good enough to let us all know now, that so far the Senate's proposals have not addressed the question raised by Fritz vs. Ernest regarding the federal government's authority to regulate capital punishment.  Senators, PLEASE make sure the amendment you pass will be able to uphold the legality of the Death Penalty Abolition Act.  Thank you.

I will just remind the Senate that it is free to ask my opinion on which laws will be rendered constitutional by any Amendment that it is considering voting on. (I don't want to do all x proposals, cos it will take an age).
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True Federalist (진정한 연방 주의자)
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« Reply #8 on: November 08, 2004, 06:36:35 PM »

Fritz, I don't think that the Senate should be able to just legislate that the Regions should not impose capital punishment.  If it truly is a right of the People that they will not have the death penalty imposed on them, either add it to the Constitution explicitly or let the Supreme Court infer that the death penalty is a fundamental right under soem other provision of the Constitution.  If the Senate has the power to legislate new "rights" what is to stop them from proclaiming that it is a right that they be granted a college education by the Regions or that they have the right to be repaid defaulted debts by means of peonage or ... .  I hope I don't have to trot out more examples.  What you propose under the best of motives leaves the door wide open to tyranny because it concentrates power too much.  There are other, safer, and saner ways to eliminate the death penalty than to give the Senate unrivaled authority.
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PBrunsel
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« Reply #9 on: November 08, 2004, 07:48:10 PM »

As President I support this ammendment. Limits must be put on all aspects of the government, or we will have an anarchy.
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Schmitz in 1972
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« Reply #10 on: November 08, 2004, 09:18:06 PM »

Are you sure you want to support this ammendmet Mr. President? I am very suspicious of the "necessary and proper" clause. It would empower the senate to do all manner of ghastly acts against freedom of Atlasians just as the same clause in the American Constitution has for the past 200+ years.
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Bono
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« Reply #11 on: November 09, 2004, 03:21:34 AM »

Are you sure you want to support this ammendmet Mr. President? I am very suspicious of the "necessary and proper" clause. It would empower the senate to do all manner of ghastly acts against freedom of Atlasians just as the same clause in the American Constitution has for the past 200+ years.

"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

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Bono
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« Reply #12 on: November 09, 2004, 03:22:59 AM »

Raise the time limit on the first, and strike the second completely.
~

About the second, what Ernerst said, about the 1st, ok, I only shortened it because someone mentioned it would be better for fantasy purposes to be shorter.
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