Mideast Assembly Thread
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Author Topic: Mideast Assembly Thread  (Read 22370 times)
VPH
vivaportugalhabs
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« Reply #175 on: May 31, 2015, 09:33:08 PM »

I second (vote in favor of) that nomination!
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Unconditional Surrender Truman
Harry S Truman
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« Reply #176 on: May 31, 2015, 10:11:33 PM »

There's nothing in the rules that specifies the length of the period for electing the Speaker; seeing as an absolute majority of the Assembly supports the nomination (and, as Windjammer says, we really do need to get going), I am assuming office as Speaker. If someone has a problem with that... well, the Superior Court is significantly underworked. Wink

The 42nd Mideast Assembly is officially in session! Welcome to our newest member, Vivaportugalhabs, and to our returning Assemblymen.
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shua
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« Reply #177 on: June 01, 2015, 11:47:49 AM »

Well great!
Considering that 2 Assemblymen (on the 3 who swore in) want Harry as Speaker, I guess we can say he's elected, right?

I'm sorry for not being able to wait. But I just realized that I can only open the voting booth for Mideast and federal amendments only on Thursday. So it would be great if the fix the constitution amendment could pass before friday, so I wouldn't have to wait for an another week to open the voting booth changing this current insane constitution.

And New Canadaland needs to be confirmed/rejected by the assembly too.

So, congratulations Speaker Harry S Truman!

You do not get to pick the Speaker, Governor, nor declare a Speaker chosen.   A vote is required. A motion to nominate and an acceptance of nomination do not constitute a vote.   

If a proper vote does not take place, I will pursue Court action, and you can expect all acts of the Assembly under this "Speakership" to be declared invalid.

I also nominate myself for Speaker.
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shua
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« Reply #178 on: June 01, 2015, 12:08:16 PM »

I just realized I am now the Dean of the Assembly, and so have the responsibility of presiding over the Speaker selection per the CSMLP.

I acknowledge the nominations made for Harry S Truman and myself.

I will leave nominations open for 24 hours, after which a 48 hour vote will commence.
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windjammer
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« Reply #179 on: June 01, 2015, 12:23:39 PM »

I refuse to be taken into hostage by someone who needs 3 days for swearing in. If you want to sue anyone, please do.
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shua
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« Reply #180 on: June 01, 2015, 12:40:26 PM »

I refuse to be taken into hostage by someone who needs 3 days for swearing in. If you want to sue anyone, please do.

I'm sorry you consider the Assembly following it's rules rather than your irrelevant dictates to mean you are "taken hostage."  Hopefully HST will be reasonable and follow the law, and you can go back to your Governor's mansion and let us proceed without any more illegal interference.
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windjammer
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« Reply #181 on: June 01, 2015, 12:48:52 PM »

I refuse to be taken into hostage by someone who needs 3 days for swearing in. If you want to sue anyone, please do.

I'm sorry you consider the Assembly following it's rules rather than your irrelevant dictates to mean you are "taken hostage."  Hopefully HST will be reasonable and follow the law, and you can go back to your Governor's mansion and let us proceed without any more illegal interference.
I'm sorry you fail to realize that I didn't appoint Harry Truman as Speaker and that this is the Assembly who chose him as Speaker. I like the fact that you say "a vote is needed' while there wasn't a single vote open for the election of the speaker for quite a long time and that you were totally fine with that.


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Unconditional Surrender Truman
Harry S Truman
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« Reply #182 on: June 01, 2015, 02:23:21 PM »

The extent to which the selection of the Speaker is regulated by law is as follows:

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Note that so far as the law is concerned, the Dean is required only to "hold nominations" for Speaker, NOT to conduct a vote. The power to conduct nominations implies that the Dean would need to ascertain the will of the Assembly in some way once nominations have concluded, but the method for doing so is left to the discretion of the Dean. It might easily be said that the nomination of a particular individual by a majority of the members of the Assembly constitutes a consensus on the issue, even though a formal vote has not been held.

Thus, it appears that from a legal standpoint, the Speaker can be selected without need for a formal vote. What is more pressing is the identity of the Dean: per Section IV of CSMLP, the Dean is the Assemblyman with the "longest consecutive service" in the legislature. If each Assemblyman were to be legally inaugurated upon the moment of his election, this would be Shua, who has rightfully assumed that he became Dean upon taking the oath of office today.

However, the Mideast Constitution has the following to say on the matter:

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In other words, Shua was not legally an Assemblyman until taking the oath of office at 11:45 AM EST this morning, and therefore could not take office as the Dean of the Assembly. Therefore, the office of Dean fell to the longest-serving Assemblyman to have taken the oath of office: EarlAW.

Events proceeded as follows: EarlAW, acting in his capacity as Dean, opened the nominating period at 8:20 PM EST on Sunday, May 31 by nominating Harry S Truman for Speaker. Truman and Vivaportugalhabs seconded the nomination, thus putting a majority of the Assembly on record for supporting Mr. Truman. In the absence of a legal provision requiring a formal vote, this was judged to be sufficient to elect the Speaker.

Precedent, furthermore, upholds the conclusion that the selection process is fluid and does not require a formal vote. Last September, for example, Spiral declared himself Speaker after waitingonly one minute for objections to the motion for his unanimous confirmation. Similarly, in December Mr. Spiral declared himself Speaker after a two-minute period for objections to his selection as presiding officer. Neither is there a standard length for the nominating period: the rules do not mandate that the Dean hold nominations for any specific length of time. In any case, Assemblymen have had since Friday to make nominations for Speaker, so it is hardly as if the selection process has been "fast tracked".

I thank Shua for bringing this issue to our attention and am sure that his concerns are sincere; however, judging by the established precedent and a strict reading of the law, it does not appear that anything illegal has occurred.
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shua
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« Reply #183 on: June 01, 2015, 03:02:11 PM »
« Edited: June 01, 2015, 03:12:08 PM by shua »

You make some valid points, HST. However, Spiral formally opened nominations, specifying a time period (48 hours) over which nominations would be accepted. Yes, after this period, when there were no other nominations, he declared himself speaker, but that is not comparable. Especially since in this case no Dean never declared the result of the nominating process.

According to the logic being presented, the first person to take the oath of office after the start of the new session could immediately consider himself the dean, nominate himself for the position of Speaker, immediately then vote for himself as the sole member of the assembly at that moment, and declare himself Speaker before anyone else takes the oath of office!

I suppose I was not the Dean before, I am now, and so it makes sense for me to finish the nominating process, as the gun had been jumped.
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Unconditional Surrender Truman
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« Reply #184 on: June 01, 2015, 05:35:20 PM »

You make an excellent argument for amending the Assembly rules to clarify this issue. I think we can all agree, irrespective of the current debacle, that current statute is much too vague on this particular point. That being said, the law is the law: the nomination process has been conducted in compliance with all legal and Constitutional provisions, and any judgements we might make about the wisdom of those provisions are beside the point.

Under Mideast law, the Dean is charged with conducting the nominating process. As such, it is his implicit responsibility to judge when the nominating period has concluded and when the will of the Assembly in regards to the Speakership is discernable. As no Assemblyman who has taken the oath of office remains to make a nomination, and as an absolute majority of the chamber has voiced support for my nomination, it seems to me that the Dean is no longer needed to continue in this role.

I would add that there is just as much danger in allowing the Dean to unnecessarily prolong the nominating process as there is in naming a Speaker without ascertaining the will of the Assembly. We need to be careful that, in our eagerness to ensure an orderly selection process, we do not create a precedent by which the business of the Regional government can be obstructed by a renegade legislator.
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shua
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« Reply #185 on: June 02, 2015, 12:59:39 PM »

A vote in now open for Speaker of the Assembly:

[ ] Harry S Truman
[ ] shua
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shua
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« Reply #186 on: June 02, 2015, 01:00:30 PM »

[ ] Harry S Truman
[X] shua
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VPH
vivaportugalhabs
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« Reply #187 on: June 02, 2015, 01:10:13 PM »


[ X ] Harry S Truman
[ ] shua
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Unconditional Surrender Truman
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« Reply #188 on: June 02, 2015, 01:30:30 PM »

[X] Harry S Truman
[  ] shua
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EarlAW
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« Reply #189 on: June 02, 2015, 02:57:11 PM »

Truman
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MyRescueKittehRocks
JohanusCalvinusLibertas
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« Reply #190 on: June 03, 2015, 06:11:54 PM »

Shua
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Unconditional Surrender Truman
Harry S Truman
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« Reply #191 on: June 03, 2015, 06:23:23 PM »

As all members of the Assembly have now voted, I motion that the Dean declare the outcome of this election so that we may address the many pressing issues facing our Region.
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shua
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« Reply #192 on: June 04, 2015, 12:23:38 PM »
« Edited: June 04, 2015, 12:25:13 PM by shua »

As all members of the Assembly have now voted, I motion that the Dean declare the outcome of this election so that we may address the many pressing issues facing our Region.
sorry I didn't see this last night, but in any case...


Harry S Truman is elected Speaker.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #193 on: June 04, 2015, 12:43:00 PM »

Thank-you, Shua.

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windjammer
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« Reply #194 on: June 12, 2015, 08:09:34 PM »

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Unconditional Surrender Truman
Harry S Truman
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« Reply #195 on: June 17, 2015, 11:00:14 AM »

Per the new rules, all proposed legislation should now be introduced in the new Legislation Introduction Thread.
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shua
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« Reply #196 on: June 21, 2015, 06:30:48 AM »

I resign from Mideast Assembly.  (just got too much else on my mind)
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Unconditional Surrender Truman
Harry S Truman
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« Reply #197 on: June 21, 2015, 01:08:45 PM »

I resign from Mideast Assembly.  (just got too much else on my mind)

We didn't agree on every issue, but you were a dedicated public servant and I'm sorry to see you go. Good luck with your future endeavors.
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EarlAW
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« Reply #198 on: July 24, 2015, 08:59:07 AM »

I would like to re-nominate Harry S Truman for the speakership.
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Unconditional Surrender Truman
Harry S Truman
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« Reply #199 on: July 24, 2015, 01:09:25 PM »

I would like to re-nominate Harry S Truman for the speakership.
I accept the nomination.
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