Expansion of Gun Rights Bill (user search)
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  Expansion of Gun Rights Bill (search mode)
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Author Topic: Expansion of Gun Rights Bill  (Read 3922 times)
Sam Spade
SamSpade
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« on: March 29, 2006, 05:19:08 PM »

I do have a question though, DC is in the Mideast so wouldn't it fall under Mideast law? If so I'll introduce an amendment to get that removed.

One of the real untouched controversies in the Constitution that Peter wrote is the jurisdictional oversight concerning Nyman/DC.

Article 1, Section 5, Clause 25 says this is one of the Powers of the Senate:

To exercise exclusive legislation, in all cases whatsoever, over such District (not exceeding twelve nautical miles square) as may, by cession of particular Regions, and the acceptance of the Senate, become the seat of the government of the Republic of Atlasia, and to be known as the District of Columbia.

Article 4, Sections 1 and 2 make it clear that DC is a state in the Mideast Region and infer that DC must vote for the Mideast Governmen in Regional elections but do not specifically deal with the clause mentioned above and do not clarify whether Mideast legislation has any jurisdiction over statute in DC or whether it is federal that does.  It would seem to me that Clause 25 has power over any Regional jurisdiction that the Mideast might have in terms of statue creation.

And it is clear under Article 4, Section 4, Clause 5, that DC is a state in Senate Districts:

I moved to DC a few months ago to try and force the issue on this, but I got busy with other things and forgot about it.

I still think it is something that needs to be dealt with.
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Sam Spade
SamSpade
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« Reply #1 on: March 29, 2006, 05:20:52 PM »

So besides DC, what Atlasian territories is this to be subject in?

Everything that's not in a region. So Puerto Rico, Virgin Islands, Guam, all other islands.

Well, then I'm going to have to do my usual rampage Tongue

blah, blah, blah, this is a clear infringement on the rights of the independent Puerto Rico, blah, blah, blah

Of course this applies to Puerto Rico, unless it is in open rebellion.
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Sam Spade
SamSpade
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Posts: 27,547


« Reply #2 on: March 29, 2006, 05:24:02 PM »

I do have a question though, DC is in the Mideast so wouldn't it fall under Mideast law? If so I'll introduce an amendment to get that removed.
I do not believe that the Constitution treats DC as a part of the Mideast. Pursuant to Article I, the Senate has the power "To exercise exclusive legislation, in all cases whatsoever, over ...  the District of Columbia." Furthermore, all taxes "shall be uniform throughout the Regions of the Republic of Atlasia and the District of Columbia," again implying that D.C. is not a part of any region.

What Emsworth said.  Mideast law does not apply to DC because of this clause.  DC clearly can vote in District contests and I would presume can vote in Regional elections through Article 4, Sections 1 and 2. 

The issue concerns the impact of votes on Regional initiatives/laws, which the logic of the Constitution in that Section says they can vote on, but which has no applicability to law within DC proper.
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Sam Spade
SamSpade
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Posts: 27,547


« Reply #3 on: March 29, 2006, 05:38:29 PM »

Article 4, Section 2, Clause 1 states:

The existing Regions of Atlasia are adopted unaltered by this Constitution.

The First Constitution made DC a part of the Mideast Region.

Then, the rest of Article 4, Section 1 would come into force, as DC is recognized as part of the Mideast Region:

1. The Regions may elect a Governor as chief executive officer, and may establish other executive posts as they wish, however no executive member may be elected for a term of more than six months.
2. A Region may establish a legislature for itself to make proper laws and electoral procedures.
3. A Region may establish a judiciary for itself; However, if they choose not to, the federal Supreme Court shall arbitrate in all election disputes, but only insofar as Regional Law may provide.
4. Regions are autonomous of the federal government and may govern themselves and their elections as they wish, except where otherwise provided for in this Constitution.


Clause 4 clearly leaves open the potential for other provisions in the Constitution to have preference of Regional decisions in how governance is to be made, such as Article 1, Section 5, Clause 25 clearly does.

That would at least be my opinion. 

In other words, DC can vote in all Mideast elections, but Mideast law and statute would not apply to DC, as the federal government has the exclusive right to make legislation governing the DC area.
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Sam Spade
SamSpade
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« Reply #4 on: April 02, 2006, 10:16:09 PM »

This bill has enough votes to pass. Senators now have 24 hours to change their votes.

How does this bill have enough votes to pass? 

I count the current margin as 4 Aye, 3 Nay, 2 Abstain, with WMS having not voted yet.  If he votes Nay, then the VP breaks the tie.  I don't think that'll happen, but still...
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Sam Spade
SamSpade
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*****
Posts: 27,547


« Reply #5 on: April 03, 2006, 01:00:29 PM »

This bill has enough votes to pass. Senators now have 24 hours to change their votes.

How does this bill have enough votes to pass? 

I count the current margin as 4 Aye, 3 Nay, 2 Abstain, with WMS having not voted yet.  If he votes Nay, then the VP breaks the tie.  I don't think that'll happen, but still...

It had enough votes to pass before Earl became Senator.

ok, fair explanation.
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