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  BREAKING: Presidency Falls Vacant! (Update: Talleyrand nominated for President)
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Author Topic: BREAKING: Presidency Falls Vacant! (Update: Talleyrand nominated for President)  (Read 1713 times)
Unconditional Surrender Truman
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« on: December 15, 2015, 12:06:22 am »
« edited: December 17, 2015, 05:10:34 pm by Senator Truman »

We now apparently have our first Constitutional crisis on our hands. According to the Constitution approved by the 1st Parliament:

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As the last presidential election took place on 10 September, 2015, this means that the most recent presidential term - that of HagridOfTheDeep - actually ended last Thursday. As such, the Speaker of Parliament is now Acting President, with the responsibility to call a special session of Parliament to elect the new president.

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But wait! There's more:

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This obviously opens the door for a great deal of chaos and unrest, assuming Parliament is unable to elect a president before the end of the special session. The situation would already be perilous, given the noted inactivity of the government and the tenuous nature of its majority: it is further compounded by Constitutional uncertainties regarding just when (and how) this special session begins.

Section 3(b) of the Constitution instructs the Speaker to "preside over" a special session of Parliament in the event of a presidential vacancy, but does not say whether he is responsible for opening the special session or whether it begins automatically at the moment the vacancy occurs, with the Speaker acting as a sort of glorified arbitrator. Assuming that the Speaker is responsible for opening the special session, this would give Parliament a full week to select the new president. Thus, if the Speaker begins the session at noon tomorrow, Parliament would have until noon on 22 December to elect the new president.

The trouble with this interpretation is that it requires us to assume that the timing of the special session is left entirely to the discretion of the Speaker. This means that, hypothetically, the Speaker could continue to postpone the special session until he is removed by the Parliament. With the presidency still vacant, the Speaker would therefore continue to serve as Acting President indefinitely as the nation awaits an election that only he has the authority to call.

The second interpretation of 3(b) - that the special session begins automatically upon the moment that the presidency falls vacant - avoids this unpleasant scenario, but creates a problem of its own. Because former President Hagrid's term ended on 10 December (four days ago), Parliament would have less than three (3) days (!!!) to elect the new president before the Acting President is forced to dissolve Parliament and call for new elections. Given the lamentable inactivity of the national legislature, you will forgive me for doubting that the government is up to the task.

So, in a nutshell, South America now faces either "Eternal President Simfan" or "The Great Election Scramble of 2015," depending on your interpretation of the Constitution.



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Oakvale
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« Reply #1 on: December 15, 2015, 06:19:16 am »

Oh, we're aware...
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afleitch
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« Reply #2 on: December 15, 2015, 10:53:13 am »

I'll do it. I'm very Presidential Wink
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Cranberry
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« Reply #3 on: December 15, 2015, 11:07:19 am »

This joke of a government continues to amaze... Thank you, Mr. Truman, for giving attention to something our government has decided to just ignore, apparently - whether out of spite or out of carelessness can not be determined, I'm afraid, but I am wondering which of the two would actually be better.
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Unconditional Surrender Truman
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« Reply #4 on: December 16, 2015, 01:49:31 pm »

UPDATE: Acting President Simfan announced that the government has no plans to conduct a presidential election until after the first of the year. If Parliament uses the full week allowed to them by the Constitution for conducting such an election, this means that the office will have sat vacant for over a month by the time the new president takes office.

I am aware of the present situation regarding the Presidency. I will convene a special session after the holiday recess, which shall be announced following the vote on the present bill being debated in Parliament.

Former Deputy Prime Minister Talleyrand condemned the decision in his remarks to the House, implying that he believes the special session of Parliament mandated by the Constitution begins automatically, rather than at the discretion of the Speaker.
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Simfan34
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« Reply #5 on: December 16, 2015, 01:57:31 pm »

If there is a consensus that we would like to hold off on the holiday recess, then I will convene the special session. However I will need someone to take on the responsibility of acting speaker, as I will not be able to preside over the session myself.
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Barnes
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« Reply #6 on: December 16, 2015, 02:03:59 pm »

This ram shackle administration continues to abuse our constitutional process and institutions I see!
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Unconditional Surrender Truman
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« Reply #7 on: December 16, 2015, 03:10:05 pm »

UPDATE: Following threats of a no-confidence vote from leaders of the Opposition, Acting President Simfan convened a special session of Parliament in accordance with Article II, Section 3(b) of the Constitution. Parliament now has exactly one week to elect the new president, with the threat of new elections should the chamber fail in this task.

Per the Constitution, a two-thirds majority of all sitting MPs is required to elect the president.
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Simfan34
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« Reply #8 on: December 16, 2015, 04:44:59 pm »

I did not take any action whatsoever on the basis of "threats". I am not a member of the government. I am a nonpartisan official. I simply saw from these comments and private messages that there was a concensus that we elect a new president before adjourning for a winter recess.

Furthermore I believe it would be helpful for the Registrar-General to keep a record of when the next elections must be held.
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Unconditional Surrender Truman
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« Reply #9 on: December 16, 2015, 06:17:47 pm »

I did not take any action whatsoever on the basis of "threats". I am not a member of the government. I am a nonpartisan official. I simply saw from these comments and private messages that there was a concensus that we elect a new president before adjourning for a winter recess.
You misunderstand me, Mr. Speaker - I was referring to the Constitutional provision requiring new elections if the special session does not elect a new president by the end of the week.
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Chromium R Florida
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« Reply #10 on: December 16, 2015, 11:16:52 pm »

Goddamnit, I'm just now finding out that Hagrid was President of this god-forsaken place and that I missed out on it? I would've forced through an establishment of relations and recognition in the Senate just so I could troll him and maybe drop a few bombs. Sad


EDIT: Wait - Simfan is now President? I see opportunities still abound!
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Simfan34
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« Reply #11 on: December 16, 2015, 11:49:27 pm »

I did not take any action whatsoever on the basis of "threats". I am not a member of the government. I am a nonpartisan official. I simply saw from these comments and private messages that there was a consensus that we elect a new president before adjourning for a winter recess.

You misunderstand me, Mr. Speaker - I was referring to the Constitutional provision requiring new elections if the special session does not elect a new president by the end of the week.

I do not think I do-- you said it right there: "Following threats of a non-confidence votes... Acting President Simfan".

As for the constitutional provision, I think there is room for interpretation. My understanding of it is that it requires that a special session be convened to elect the president, and run for no more than one week, not that such a session be convened immediately upon, and run for no more than a week following, the end of the president's term.

If the latter was in fact the correct reading, it would not mean that the special session ends at the end of this week, but would in rather end a week following the end of the President's term, which, since the President's term ended on the 10th, would be on the 17th, which is, uh, in about 10 minutes. Unless that was the plan all along. Tongue
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Unconditional Surrender Truman
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« Reply #12 on: December 17, 2015, 05:22:07 pm »

UPDATE: Talleyrand, MP - the former Deputy Prime Minister and current Leader of the Official Opposition - has been nominated for the presidency by Socialist Party Leader Cranberry, MP, who called on all opposition parties to unite behind the nominee. In accepting the nomination, Talleyrand became the only declared candidate for president, with the 24-hour nominations period having ended at 2:03 PM this afternoon.

Per the Constitution, a 2/3 vote of all sitting MPs is required to elect the president.
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