Judicial Term Limits Amendment [Failed]

[Јas]

On the issue of multiple terms ending at the same time, I'd simply underline that no vacancy arises - the sitting justice continues to sit until such time as a new justice is confirmed.

[Јas]

How about "Judicial Term Amendment"?

Accepted as friendly.

Senators have 24 hours to object to the adoption of this amendment as friendly.

[Јas]

Anyways, I will vote against Porce's amendment

I motion to add at the end of this legislation the following phrase [friendly amendment]:
"This amendment shall not apply to any Justice currently serving on the Court."

Let's have a vote on that.

I think that makes the necessary two objections?

All friendly amendments must be accepted as such by the sponsor and it takes but one objection to force a vote. In this case, being as how 2 objections would appear to have been noted, it will go to a vote. The Rules on Senate Debate of Amendments apply as to when the vote will open.

[Јas]

How about "Judicial Term Amendment"?

Accepted as friendly.

Senators have 24 hours to object to the adoption of this amendment as friendly.

No objection to this having been made known, this amendment passes.

[Јas]

I will respectfully urge the senate to pass Ebowed's amendment, I can not speak for the other members of the court, but i for one will not be able to effectively do my job while at the same time being forced to look over my shoulder and perform like a trained monkey in an attempt to please the senate and/or the president because i have to worry about ruling the wrong way everytime a case comes up.

In fairness, I don't think anyone would want you to act any differently than normal simply because a re-nomination may be approaching. In fact, anyone thinking that you would put on such an act in order to seek the approval of others, I would suggest would be being quite naive.

[Јas]

Tally on Ebowed's Amendment
Aye: 3 (Ebowed; Earl; Rob)
Nay: 3 (Sam; Brandon; Al)
Yet to Vote: 4 (DWTL; Lewis; PBrunsel; Phil)

[Јas]

As a reminder, the amendment at vote is the following:

I motion to add at the end of this legislation the following phrase:

"This amendment shall not apply to any Justice currently serving on the Court."

Current Tally on Ebowed's Amendment
Aye: 3 (Ebowed; Earl; Rob)
Nay: 3 (Sam; Brandon; Al)
Yet to Vote: 4 (DWTL; Lewis; PBrunsel; Phil)

[Јas]

It would appear that an Aye vote would not increase the actual support of the proposal. In which case, I will stick with the original wording for now.

Nay

[Јas]

With 5 Ayes and 1 declared abstention, the amendment passes.

Result on Amendment (Lewis)
Aye: 5 (Sam; Brandon; Lewis; Al; Moderate)
Nay: 1 (Ebowed)
Abstain [Voted]: 1 (Earl)
Abstain [Didn't Vote]: 3 (DWTL; PBrunsel; Rob)

[Јas]

Tally on Ebowed's Cloture Motion
Aye: 5 (Moderate; Lewis; Earl; Ebowed; Al)
Nay: 2 (Sam; Brandon)
Yet to Vote: 3 (DWTL; PBrunsel; Rob)

7 Aye votes are required to pass the motion of cloture.

[Јas]

Revised Tally on Ebowed's Cloture Motion
Aye: 6 (Moderate [NE]; Lewis; Earl; Ebowed; Al; Rob)
Nay: 2 (Sam; Brandon)
Yet to Vote: 2 (afleitch; Moderate [D2])

7 Aye votes are required to pass the motion of cloture.

Actually, if I resign my seat in the Northeast and assume my seat in District 2 in 55 minutes, can I vote for cloture again on behalf of District 2 and have my vote count twice?

Your vote as the Northeastern Senator stands wherever it has been cast so far, however it is subject to change should a new Northeastern Senator appear.
You are now the District 2 Senator and all votes cast from now will count as such.
It seems therefore that there will be a brief overlap wherein those votes currently open within which you may be eligible to cast a second vote.

[Јas]

The cloture motion passing, we now come to a final vote on the following constitutional amendment:

Judicial Term Amendment

Article III, Section 1, Clauses 6 and 7 of the Atlasian Constitution shall be created to read as follows:

6. Members of the Supreme Court shall serve terms of 12 months. Every 12 months, each member of the Supreme Court of Atlasia shall undergo an annual performance evaluation in front of the Senate of Atlasia.  If a 2/3rd majority of the Senate finds a Justice to be inadequate, the President must replace the Justice.  If less than 2/3rd of the Senate finds a Justice to be inadequate, the Justice shall continue to serve. Justices shall continue to serve until a successor has been confirmed.

7. Currently serving members of the court shall undergo their first annual performance evaluation on the anniversary of their confirmation.

Please vote Aye, Nay or Abstain accordingly.

[Јas]

Tally on Final Vote
Aye: 3 (Moderate; Lewis; brandon)
Nay: 2 (Ebowed; Rob)
Abstain: 1 (Earl)
Vacant: 1 (Northeast)
Yet to Vote: 3 (afleitch; Al; Sam)

With 9 Senators, 6 Aye cotes are required to send this amendment for consideration to the regions.
Any further Nay votes or abstentions would cause this amendment to fail on the Senate floor.

[Јas]

Tally on Final Vote
Aye: 3 (Moderate; Lewis; Brandon)
Nay: 3 (Ebowed; Rob; afleitch)
Abstain: 1 (Earl)
Vacant: 1 (Northeast)
Yet to Vote: 2 (Al; Sam)

With 3 Nays and 1 declared abstention, the amendment is failing.
Senators have 24 hours within which they may change their votes.

[Јas]

I should note that an abstention is the same as an Aye vote.

Really?  They've been counted as Nays even since that silly court battle

Can someone give me the name or a link to the case in question?

[Јas]

cheesewhiz vs senate of atlasia IIRC.  unless Al was talking about something else

Thanks.
My reading of that judgment would be that an abstention would effectively count as a Nay vote on Constitutional Amendments, which would seem to be implicit from Part III of the opinion, where it is stated:
"It is undisputed that at the time of declared passage of The Amendment that there were ten Senators in office and that only six voted for its passage. Under our reading of Article VII, seven of the ten Senators are required to pass the Amendment."

[Јas]

Result on Final Vote
Aye: 4 (Moderate; Lewis; Brandon; Sam)
Nay: 3 (Ebowed; Rob; afleitch)
Abstain [Voted]: 1 (Earl)
Abstain [Didn't Vote]: 1 (Al)
Vacant: 1 (Northeast)

With 3 Nays and 1 declared abstention, the amendment fails.