NE1: Northeast Devolution Referendum Act, 2015 (user search)
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  NE1: Northeast Devolution Referendum Act, 2015 (search mode)
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Author Topic: NE1: Northeast Devolution Referendum Act, 2015  (Read 1366 times)
bore
YaBB God
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Posts: 4,282
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« on: June 08, 2015, 02:28:24 PM »

Just to butt in here, cinyc is right that this, at the moment, is not constitutional, or, rather, you're asking  the federal government to do something it can not, constitutionally do.

Currently, the constitution gives certain powers to the senate which the senate can fully legislate on, and, implicitly, and backed up by a large amount of precedent from the supreme court, everything not mentioned there is given to the regions to legislate on. On those matters the senate can pass bills, but the regions can not be forced to do anything by those bills, so a bill on, say, polygamy could pass the senate giving financial support for them, but no region would be obligated to adjust it's laws on it or accept the money.

Or, as the constitution puts it:

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Now, no matter how many people vote for a referendum which gives the northeast certain powers specifically listed under the powers of the senate, if the northeast were then to pass a law in one of those areas that would be illegal and, actually liable for prosecution, because the constitution still delegates those powers to the senate and there are federal laws on those subjects, so contradicting them would break the supremacy clause.

The only way to get more powers for the northeast would be to amend the powers given to the senate in the constitution.
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bore
YaBB God
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Posts: 4,282
United Kingdom


« Reply #1 on: June 08, 2015, 05:50:06 PM »

It seems to me, the best way to achieve this would be an assembly resolution asking for more powers, then lobbying the senate to pass such an amendment.
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