Office of Fmr. Governor Simfan34

[Simfan34]

I'll need to comment on what you've said in detail, but I'll take the time to just say that my ignorance of "Atlasian jurisprudence" is hopefully understandable. I need to take a closer look at what you're saying however.

[Simfan34]

Let me look at this.

Simfan did you even read my legal decision that I made against you...

Okay, is the snark really necessary? This is taxing enough as is.

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lawful suspension of Habeas Corpus is a prerogative of the Senate:

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i.e. according to the regional constitution, the only time you can use soldiers to enforce the law is when it's consistent with the federal constitution that says it can only be done when the Senate suspends habeas corpus

I am still at a loss here. What does habeas corpus have to do with military policing? The two are completely unrelated except if, perhaps, members of the armed forces held a person in unlawful detention.

Also, you cannot suspend the "Writ of Habeas Corpus", you might as well "suspend the free and fair trial". The privilege to a writ of habeas corpus is something addressed, but as of now this clause is incomprehensible and is probably void due to vagueness.

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"Law" includes the Atlasian Constitution.

This provision is also unenforceable as the Pacific does not (and can not) maintain its own military, nor can it tell the federal government what it can and cannot do if the Federal government sought to deploy the Armed Forces. Otherwise, this effectively means that regions cannot use an organised militia in times of instability at all and things such as the National Guard being called in during the Rodney King riots would be impossible. If so, this is absurd.

This then means that unless the Pacific is somehow legally maintaining some sort of military, the clause cited here does not affect recent events. Which brings us to the definition of "armed forces".

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Furthermore the distinction between "armed forces" and "militia" is irrelevant because check out this other part of the Federal Constitution:

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So hey check that out, Senatorial consent is required for using militias to do things like enforce laws and suppress insurrections, isn't that neat.

Also stop talking about the US Constitution because it doesn't matter here. We're talking about the Atlasian Constitution. Maybe you can cite US jurisprudence for comparable clauses between the two documents but even then Atlasia-specific things supercede anything American. [/quote]

This is identical to the wording of the US Constitution, so obviously, due to, well... precedent, it should mean the same thing here as it does there. And nothing here prohibited US states from maintaining militias and using them, so it should follow that this should not, either.

Which makes sense, because this whole section details the powers granted to the Senate and not powers denied to the regions. This effectively means the Senate could supercede any order made by a region, but it doesn't prohibit a region from doing anything. Your interpretation... does not follow from the text.

Consider for example that the only reason the Southeast is allowed to have a militia in spite of the Atlasian version of the "no keeping troops in time of peace without the consent of congress" law because I found a beautiful technicality where the Senate referenced the Southeast militia like a decade ago . Not to mention Simfan that your entire militia/armed forces dichotomy is bunk because State National Guards exist due to a series of Federal Laws starting with the Militia Act of 1792 which defined their structure and everything. You may note that you will not find any Atlasian law referencing Regional militias or any Pacific law regarding them

There are several laws referencing the National Guard (cf. Second Military Division Appropriation Act, Support for Atlasia's Soldiers Act), which implies that there is a National Guard. As per the Applicability of Common Law Act, the Militia Act of 1792 and all the relevant acts would seem to be in place. We've been repealing them (cf. Labor Rights Act of 2008), so you need to let me know where we threw all of the US Code out of the window. Which would have been ill-advised.

As for the Pacific we (apparently) adopted the Arizona Revised Statutes back in 2005, and there (obviously) is an Arizona National Guard so it would follow that a Pacific National Guard also exists.

[Simfan34]

The Arizona Statutes were adopted by the Rule of Law (Pacific) Act 2005, to be precise.

If we want to talk constitutionality here, the structure of the Pacific Judiciary where rulings can be handed down without any semblance of a trial, without prior warning, where the prosecution and the judge are one and the same, and with limited ability to appeal, would seem to violate several of the core tenets of the Constitution and fundamental principles of what constitutes due process or fair trial.

[Bacon King]

I agree it's kind of silly but check out this clause in the Pacific Constitution:

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It says I have the unilateral authority to declare laws unconstitutional, entirely distinct and separate from my authority to arbitrate legal disputes. This chicanery isn't necessarily a bad thing given that you and I are basically the only two people active in Pacific regional politics. And at any rate the Atlasian Supreme Court does have appellate jurisdiction over my court.


A few things though:

1. I hate to be the bearer of bad news but the Rule of Law (Pacific) Act of 2005 was repealed by the Repeal of Laws We Don't Know About Act since it was not on the Wiki at any point between November 1 and December 6, 2013. In fact it looks like you only put it on there today

2. Habeas Corpus is relevant because the Federal Constitution literally says you can't use the military for policing or law enforcement unless the writ of habeas corpus has been lawfully suspended. Don't blame me if that's not logical- blame the participants of the last Constitutional Convention (only one of whom was me!); in Atlasian jurisprudence it doesn't really matter what "makes sense" because every law passed under the First Constitution was repealed by the Supreme Court only due to a stupid technicality within that Constitution. Written word of the law trumps common sense.

3. The Constitution says regions can't have armed forces in times of Peace without the consent of the Senate. Atlasian jurisprudence only allows the IDS to have a militia based on that clause because the Senate has specifically referenced their militia, which it has never done for the Pacific's.


sorry for the snark

[Simfan34]

Well now we have a vacancy...

[Simfan34]

I hereby appoint Averroës Nix to fill the vacant regional Senate seat.

I believe I have already said all that needs to be said on this issue:

But then we have Senator Nix. The saintly Senator Nix. How can I begin to express my gratitude? Brothers, how can we! We are truly blessed to have this sprightly living legend of the Atlasian Senate represent us in Congress. Senator Nix has stood by us- stood by me- since time immemorial, to defend our interest and that of The People as a whole. When I left the Senate, he took my bills and fought for them as if they were his own. He went and helped me write them and get them passed. He even helped me in my own personal affairs, helping me to take actions I would have been too timid to do otherwise, and I am better off for it.

We are all, to the last, every Atlasian man, woman, and child, better off by having Senator Nix here. Some politicians are accused of conspiring against those who do not vote for them. I do not know if these are true, but I can assure you that no person who votes against Senator Nix’s re-election shall ever get my vote.

We must renew our faith in government, and government must renew its faith in The People. The upcoming elections shall provide a great turnover in our elected officials, and I think now is the time to grasp the link, to hold fast upon the rope, to not let it slack, and to let us be carried forwards by the wind. Let us recall the motto of the great luminary Kwame Nkrumah: “Forwards ever, backwards never!”

[GAworth]

A well respected choice, Governor!

[Maxwell]

Excellent News!

[Cranberry]

What a great representation for the great Pacific Region in the Senate!

[Fmr. Pres. Duke]

The People are back! Wonderful choice!

[Chancellor Tanterterg]

Excellent choice!

[windjammer]

God bless Simfan!

[Oakvale]

A wonderful and most prudent choice.

[Simfan34]

There is an election, go vote.

[Simfan34]

Governor Varavour spoke to students at the University of Utah on Friday afternoon, where
he also put forth a number of proposals for reforming the Pacific's regional constitution.

Excerpts from Address - "A New Programme of Reforms"
University of Utah, Salt Lake City, UT

...and that is why I am confident in an re-invigorated Legislative Council in the new session.

Now I must take full responsibility for not bringing up the matter of the elections sooner. I will concede I did not imagine they would be at this time- we had one just in August, after all. This is a demerit in my name- I should have obviously known. However, I feel the fact that the thought of an election so soon after the last did not cross my mind is indicative of something greater. Our regional constitution mandates that we hold six elections to the Legislative Council per year- six! Every other month!

I asked myself, is it reasonable for us to stop the business of the Legislative Council to hold seemingly perpetual elections? Is it reasonable for us to subject the members of the Legislative Council to having to run every other month? I do not think so. I believe, that if we were to remove this imposition, we would see members of the Legislative Council who were more invested in its business, more committed to the passage of legislation, because they did not have the spectre of election over them for, essentially, the entirety of their term! For this reason, I will propose an amendment to the Pacific Constitution that would double the sitting time of the Legislative Council, and conversely halve the amount of Council elections- to February, June, and October.

In this vein, I shall also propose an amendment to introduce the position of a Lieutenant Governor. It is important that an orderly succession be maintained, and as we saw during the last session of the Council, with an absentee Speaker, the region would have fallen back into the disarray which we have tried so hard to stave off. It is for this reason I believe it is crucial that we make this change.

The role of the Pacific Justice must also be scrutinised. By the admission of our former (and most honourable) Justice, BaconKing, the present system, whereas the Justice can hand down rulings without any semblance of a trial, without prior warning, where the prosecution and the Justice are one and the same, and with limited ability to appeal, is "silly"; it is that at the very least, if not a mockery of several of the core tenets of the Constitution and fundamental principles of what constitutes due process or fair trial. Thus I intend to propose an amendment that would redefine the role of the Pacific Justice, to bring it in line with some of the most important and universal human rights we acknowledge.

The then-Justice (and now Attorney-General) noted that the back and forth over the constitutionality of my executive orders was perhaps not so bad, considering that only he and I were active. It was true, yes, but it is a shame. By establishing the Justice and his court as a court of the first instance with general jurisdiction over the Pacific Region, it shall compel those Pacificans with grievances to stand in the court, and file suit- thus stimulating participation! The criminal function shall also be considered- perhaps through an informal attorney general of sorts. But it is important that our judicial branch be both fair and subjected to the system of checks and balances through which our government functions.

There are also some other things that need addressing- Art. 7 Sec. 17, for example, being vague enough to threaten the integrity of the rest of the document- and they shall also be raised in due time. But it is these main proposals- the reduction in Legislative Council elections, the introduction of a Lieutenant Governor, and the reform of the position of Pacific Justice- that form the key elements of the programme of reforms that I intend for the next Legislative Council to take up.

[Paul Kemp]

Governor, I believe there should be a better outreach effort to the citizens of our region to raise awareness regarding upcoming elections, as I do not appreciate my name appearing on the failed to vote list here. Additionally, it's a bit concerning to see nearly 20 names of valuable voters on that list. Perhaps that's the usual turnout but I don't think that should disqualify any effort to do better.

I understand that I should pay such attention to these but sometimes it is hard to stay on top of every election. I'm just a normal joe, trying to make ends meet and raise a family.

Please contemplate initiatives to better keep voters informed. I appreciate your consideration.

- a concerned citizen and usual voter

[Simfan34]

Kemp,

You are completely right- the election was virtually unannounced. I consider that a serious oversight on my part, for which I take full responsibility. I have intended to make some remarks about what happened and how I plan to rectify that, which I unfortunately have had not had the chance to do recently.* I will say that my constitutional proposal to reduce the number of elections, which I made last week, is part of the plan, but only one bit.

The list is meant to serve as motivation to vote, but here I think it serves as motivation for me, and the government, to change some things.

Governor Varavour


*To take off my "Governor-in-Fantasyland hat", it's midterm season, which means my already hectic schedule has become even more hectic. On top of that, I've begun working on three term papers (why they couldn't wait a week, I don't know), managing the finances of three extracurricular groups, and most recently frantically wrote to a professor professing my shame at having slept through her class, after having sent her, the night before, an email emphatically stressing that my tardiness was intolerable and unacceptable (this being a problem because it is an early class, the work for which tends to keep me up late the night before).

Generally speaking, I have a finite amount of time, and if the length of most of my longer posts here is any guide, this is quite time-consuming. For example, I began making a spreadsheet of the election on Sunday, but only finished and certified the results yesterday- sacrificing an hour and a half of time that could have been spent on other work, and, by implication, of sleep, which would probably have prevented my sleeping through my alarm this morning, which would have saved me perhaps another two hours of rushing to my advisor, going back and forth in emails, and so forth, not to mention the time spent making the spreadsheet in the first place (which I also intend to share with you somehow).

I will get to it, and I have the time to do it, but at this particular point, I can only ask for the consideration of you all for my other commitments. I am not complaining nor am I asking to be allowed to not do my job as Governor. I just am asking for a bit of patience, and perhaps a bit of forgiveness.

[Paul Kemp]

I appreciate your candor, Governor. Thank you for the response.

[Simfan34]

Not a problem. As for the spreadsheet, I hope this link works, if not, some old names will probably have to make an appearance (or at least their Google Drive accounts ).

[Spamage]

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This passed the Council, and your signature is needed if you wish to ratify it.

[Simfan34]

I will note with great appreciation that the changes I have suggested to the design have been made by the honourable Speaker. While I would have recommended that a construction guide and exact color tones be provided in the text of this bill, I have found no reference to any sort of gubernatorial re-draft power in our Constitution, so I would advise that a future amendment be made to that effect. That being said, I hereby SIGN the Updating the Flag Act 2014 into law.

x Governor Varavour

[Spamage]

Governor, the following two bills have passed the Council and await your signature or veto.

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[ZuWo]

Governor, could you open a vote on the "GM Independence Amendment"? Thank you!

[Simfan34]

I am here! Also the bills are signed.

x Governor Varavour

[Paul Kemp]

Is Simfan OK?