Windjammer vs Hifly (user search)
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  Windjammer vs Hifly (search mode)
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Author Topic: Windjammer vs Hifly  (Read 1565 times)
windjammer
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« on: September 26, 2014, 05:35:25 PM »
« edited: September 26, 2014, 05:42:20 PM by windjammer »

I'm filing a lawsuit against Hifly. (Mideast Supreme Court)

The election of a temporary speaker was invalid. Indeed, according to the Mideast Constitution:
Article 3
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And Hifly basically declared himself Speaker of the Mideast Assembly without any vote:
The speaker seems to have taken a vacation, so therefore I nominate myself as a temporary speaker until the next elections.


Seeing no objection, the motion is carried.

I believe this is a violation of the Article 3 of the Mideast Constitution because the Mideast Assembly didn't choose his own speaker, hifly did. So according to me, the election Hifly as speaker is invalid.

Considering the election of Hifly as speaker is invalid, I believe that any actions Hifly made as speaker should be declared invalid too

So I believe that the Mideast Right to Life Act and Promotion of Marriage in Education Act (if this bill becomes law), shall be struck down, because Hifly administered these 2 bills and he didn't have the authority to do that.


xCitizen Windjammer
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windjammer
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Posts: 15,514
France


« Reply #1 on: October 05, 2014, 04:07:45 PM »

Chief Justice Badger,

1) Assemblyman Hifly exactly gave 9 hours for objection. That's clearly not enough to consider the Assembly acceded by silence to Hifly's self-nomination and ratification.

The speaker seems to have taken a vacation, so therefore I nominate myself as a temporary speaker until the next elections.


Seeing no objection, the motion is carried.

Chief Jjustice Badger, I would like to point out that speaker DC Al Fine wasn't inactive, there were just no new bills introduced in the Mideast Assembly thread.

2) Chief Justice Badger, the ME Speaker is extremely important in the process of the law. He decides the time of debates, how long shall the vote last... Hifly basically used this position to basically reduce the time of debate:

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Sponsor: Hifly

Debate shall be open for approximately 24 hours.

According to the constitution, Article III, Section 1, clause 3
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The Mideast assembly legally chose DC Al Fine as speaker, considering that hifly illegally declared himself speaker, eveything Hifly did as speaker is a violation of Article III, Section and Clause 3 of the Mideast Constitution, the right of the Assembly to choose its own officers.

That's why I believe the Mideast Right to Life Act should be struck down, because hifly illegally administred that.

Best regards,
Windjammer
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windjammer
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Posts: 15,514
France


« Reply #2 on: October 06, 2014, 10:22:26 AM »

Chief Justice Badger, Governor TJ,
I object to Governor TJ's demand.
If former speaker DC Al Fine had administred this bill, I believe this bill would have been constitutionnal.
This is the actions made by Assemblyman Hifly: declaring himself as speaker, and then administering bills that make this bill illegal.
I'm not attacking the Mideast, I'm attacking Hifly's actions that, according to me, should result to the invalidation of Mideast Right to Life.

However, if Assemblyman Hifly wishes to be represented by Governor TJ, or if Ggovernor TJ wished to write an amicus brief (I thank his activity as governor), I'm not objecting to that.

But fundamentally, I'm filing a lawsuit against Hifly, not against the Mideast Government.

Best regards,
Windjammer
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windjammer
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Posts: 15,514
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« Reply #3 on: October 08, 2014, 08:31:43 AM »

Governor TJ, Chief Justice Badger,

1) It violates the constitution.  Article III Section 1, Clause 3: "The Assembly shall have the power to choose its own officers, including a Speaker, and judge the qualifications of its members." They chose DC Al Fine as their speaker, Hifly's self nomination is basically a violation of the right of the Assembly to choose their own Speaker because he wasn't chosen by the Assembly. So, Hifly's self-selection of himself as Speaker, I believe, violates the Mideast Constitution.

2) Chief Justice  Badger, I believe the Mideast Constitution is clear, the word "choose" is used. When someone chooses something, this is made "openly". If they wanted to choose Hifly as their own speaker, they have to say that openly.

3) Chief Justice Badger, the Speaker is an important figure in the Mideast. The Speaker is the second in line for the Governor's succession, and most notably, he has the FULL powers to make his own rules: the time allowed for debates, the time allowed for the vote,... This is an important office, that has a DIRECT influence on the laws. And hifly used basically this position to skip the debates and to quickly pass this law before the end of this session. This law would have probably been different if an another person more respectful of debates would have allowed more time for debates for this bill. The Speakership is an important office which is shown by the abuses made by Hifly as speaker: allowing only 24 hours for debates, allowing only a 24 hour vote,... That's why I believe that if the "nomination" of the speaker is illegal, everything that has been made by this person should be illegal as well, because the Speaker has a big influence on the debates, bills currently debated in the Mideast Assembly.

Best regards,
Windjammer
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windjammer
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Posts: 15,514
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« Reply #4 on: October 08, 2014, 10:16:39 AM »

Chief Justice Badger,
Assemblyman Franzl voted in this thread, indeed. I would have done the same thing than him, whatever my opinion of this bill is, even if I would have believed the election of Hifly as  speaker would have been invalid. Why? Simply because I'm not the authority who determines if a law violates the constitution or not, the authority, this is Chief Justice Badger. So the fact that Assemblyman Franzl voted in this thread doesn't mean that this makes the election of Hifly constitutionnal. Sometimes, victims ignore themselves that someone abuses of them.

Furthermore, I would like to point out that I don't believe that a speaker who would decide only 24 hour for debate and 24 hour for a vote would make this law illegal, I gave that as an example of why the  Speaker in the Mideast is an important figure who is decisively able to influence debates by his important powers. That's why, I believe, that if an election of a speaker is overturned, everything he made as speaker must be overturned too. The speaker is an important officeholder. We can't separate the speaker from the process of the laws. And just to point out again that the Assembly has the right to choose its own speaker. Only the Speaker has the authority to open threads for the discussion of the bills. Not someone else.  That's why I believe the Mideast Right to Life bill should be struck down, not becaus of its content or anything else, but because it was administered by someone who didn't have the power to administer this bill.

And for the record, yes I believe that allowing only 24 hour for debate in order to skip the debates is a violation of the democracy. Democracy= by the people. The Mideast elected 3 Mideast Assemblymen: Hifly, Franzl and DC Al Fine. Allowing 24 hours for debate avoids any amendment proposal,... Assemblyman Franzl was indeed extremely opposed to this bill. Does that mean he wouldn't have tried to propose amendments? Like deleting the anti abortion parts of this law, or even simple transform the 16 week into a 20 week ban? I'm not going to try to overturn this law on this basis that debates should have been longer, because even if this is anti-democratic, that's not unconstitutionnal, what is according to me unconstitutionnal is declaring himself as speaker without any agreement, and using the prerogatives of this function where the personal wasn't elected or chosen.

Best regards,
Windjammer
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windjammer
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France


« Reply #5 on: October 10, 2014, 12:46:11 PM »

Thank you Chief Justice Badger and Governor TJ.
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