SENATE BILL: The "Expulsion Has a Purpose Amendment" (Sent to the Regions)
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  SENATE BILL: The "Expulsion Has a Purpose Amendment" (Sent to the Regions)
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Author Topic: SENATE BILL: The "Expulsion Has a Purpose Amendment" (Sent to the Regions)  (Read 1907 times)
Southern Senator North Carolina Yankee
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« on: December 19, 2013, 03:00:17 AM »
« edited: December 30, 2013, 08:11:35 PM by Senator North Carolina Yankee »

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Southern Senator North Carolina Yankee
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« Reply #1 on: December 19, 2013, 03:01:28 AM »
« Edited: December 19, 2013, 03:03:34 AM by Senator North Carolina Yankee »

I am not glued to this particular text or location but it is merely one way to ensure that we don't have a repeat of anyone trying to circumvent the process of expulsion in this fashion as we have seen.

It could also be placed immediately after the location where the expulsion vote requirement is set, but since this is where the standards for membership are established I figured it more advisable.
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President Tyrion
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« Reply #2 on: December 19, 2013, 07:02:01 AM »

Well, I'd be perfectly comfortable with this not being an amendment, but merely a Senate resolution. Others might be willing to weigh in.
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Sec. of State Superique
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« Reply #3 on: December 19, 2013, 08:07:00 AM »

Why only one term? I think a more reasonable duration would be between six months and two years. At a minimum, anyone who has been expelled should be ineligible to run in the next election.

Two terms would be definitely good...
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Хahar 🤔
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« Reply #4 on: December 19, 2013, 11:25:50 AM »

Why only one term? I think a more reasonable duration would be between six months and two years. At a minimum, anyone who has been expelled should be ineligible to run in the next election.

Because expulsion is not a punitive measure. Bans from holding office are the place of the Supreme Court to levy; while it is reasonable to prevent an expelled Senator from holding office for the remainder of the term, the Senate does not and should not have the power to prevent the Atlasian electorate from returning the expelled member to the Senate if the people so will it.

While the expulsion process does need to be fixed, this amendment doesn't deal with the substantive issue at hand. The seven-day requirement should be removed and the Senate should be able to expel any member it chooses. The requirements for expulsion are such that it could not be used for political purposes, and it would prevent the system from being gamed.
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Хahar 🤔
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« Reply #5 on: December 19, 2013, 01:29:19 PM »

So if a Senator disappears after winning reelection, what happens? Keeping expelled officers out of office and providing for their prompt replacement is a matter of preserving the functionality of the Senate.

This is confusing to me. If a Senator disappears after winning election, then they should be expelled, obviously. Either I don't understand you or you don't understand me or both, because I never meant to imply otherwise.

Besides, this is a constitutional amendment, not a change to Senate rules, so I can hardly imagine how it could be legally questionable. I wouldn't object to a more flexible expulsion process, nor would I mind depriving party  chairs of their power to make appointments, but this amendment is a separate and just as necessary aspect of correcting existing procedural flaws.

I don't mean that it would be unconstitutional; I meant that I don't like it because imposing punishments isn't the Senate's place, but rather the place of the judiciary. It confuses the separation of powers.
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Southern Senator North Carolina Yankee
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« Reply #6 on: December 20, 2013, 02:20:30 AM »

Why only one term? I think a more reasonable duration would be between six months and two years. At a minimum, anyone who has been expelled should be ineligible to run in the next election.

Check the wording of the text. "Nor shall any person be elected, appointed or otherwise selected to be a Senator whilst still within a term from which the Senator has previously been expelled from by the Senate."

Don't elections fall within the previous term by necessity?

Granted if the Senators prefer an explicit time beyond that, I would be okay with that. Of course, I also want this to pass the egions and thus the minimalist approach might best here.

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Southern Senator North Carolina Yankee
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« Reply #7 on: December 20, 2013, 02:24:46 AM »
« Edited: December 20, 2013, 02:32:28 AM by Senator North Carolina Yankee »

A Senator who never takes his seat, shouldn't need to be expelled. There should be a set process whereby replacement (appointment, special election etc) is triggered if a Senator doesn't take his seat or official declines such.

As I recall this is already the case as both Tmth's first stint and True Conservative entered the Senate under these circumstances and both in the mideast, thoguh there was some controversy about the latter, but I recall that it was fixed back in 2011. I could be mistaken though.

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Southern Senator North Carolina Yankee
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« Reply #8 on: December 20, 2013, 02:31:37 AM »
« Edited: December 20, 2013, 02:35:12 AM by Senator North Carolina Yankee »

Also Nix, There is presently no procedures empowering party chair's to appoint replacements. The Party's are so entrusted and the intent was for their to be votes of the party in question held to select the replacements after the one-off situation with Dallasfan and Lief. As I recall, both the JCP And RPP enacted such bylaw changes at the time. The vagueness in the text was so done as to allow for that kind of flexibility in that circumstance.

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President Tyrion
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« Reply #9 on: December 20, 2013, 11:29:17 PM »

Motion to table since we combined this elsewhere Smiley
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Southern Senator North Carolina Yankee
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« Reply #10 on: December 21, 2013, 06:44:26 AM »

Hold your horses Tyrion. Don't you know what a failsafe is? Tongue


I would prefer to place this in the Constitution regardless. I would hope that you can understand why without me having to explicitly state it, if you catch me drift. Wink

If anything, this means we have slightly more time to get this structure right, but we should proceed with it nonetheless.
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President Tyrion
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« Reply #11 on: December 22, 2013, 02:06:20 AM »

Hold your horses Tyrion. Don't you know what a failsafe is? Tongue


I would prefer to place this in the Constitution regardless. I would hope that you can understand why without me having to explicitly state it, if you catch me drift. Wink

If anything, this means we have slightly more time to get this structure right, but we should proceed with it nonetheless.
Motion to table since we combined this elsewhere Smiley

Fair enough. Motion withdrawn.
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Southern Senator North Carolina Yankee
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« Reply #12 on: December 23, 2013, 10:49:39 AM »

So does anyone have any preferences regarding to the location and/or wording of this amendment?
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Southern Senator North Carolina Yankee
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« Reply #13 on: December 24, 2013, 07:42:07 AM »

I was thinking of adding a provision, if such does not already exists that states that any Senator who publically declines to take his seat or if a week has passed into the Senate without the elected Senator taking his seat, that the process of selecting a replacement be thus commenced.

One, is that type of language necessary?

Two, if so, where is the best place to locate it in the Constitution.
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Southern Senator North Carolina Yankee
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« Reply #14 on: December 26, 2013, 03:43:45 PM »

Okay, now tht Christmas is over, can we get back to this. I want this to the Regions by the end of the month.
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Southern Senator North Carolina Yankee
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« Reply #15 on: December 27, 2013, 03:25:03 PM »

No takers on this "Rejected Seat or failed to take it issue"?
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PPT Spiral
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« Reply #16 on: December 27, 2013, 03:31:36 PM »

Your amendment seems fine to me. Let's take this sucker to a final vote.
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Southern Senator North Carolina Yankee
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« Reply #17 on: December 27, 2013, 03:36:55 PM »

Okay, then.


Senators, a final vote is now open on the underlying Constitutional Amendment, please vote Aye, Nay or Abstain.
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PPT Spiral
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« Reply #18 on: December 27, 2013, 03:38:35 PM »

Aye
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Southern Senator North Carolina Yankee
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« Reply #19 on: December 27, 2013, 03:40:27 PM »

Now I got to split the Noticeboard. It is at the character limit.
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Southern Senator North Carolina Yankee
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« Reply #20 on: December 27, 2013, 03:40:50 PM »

AYE
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tmthforu94
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« Reply #21 on: December 27, 2013, 04:10:20 PM »

Aye
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President Tyrion
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« Reply #22 on: December 27, 2013, 09:12:44 PM »

Aye
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« Reply #23 on: December 28, 2013, 10:24:40 AM »

Aye
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« Reply #24 on: December 28, 2013, 11:56:29 AM »

Aye
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