SB 2018-316: Dual Officeholding Act (Tabled)
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  SB 2018-316: Dual Officeholding Act (Tabled)
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Author Topic: SB 2018-316: Dual Officeholding Act (Tabled)  (Read 2412 times)
Unconditional Surrender Truman
Harry S Truman
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« Reply #25 on: November 16, 2018, 03:15:20 PM »

Amendment has failed due to a lack of quorum.
Glorious news!
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Sestak
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« Reply #26 on: November 19, 2018, 02:35:45 PM »

Actually, screw it, move to table.
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Southern Senator North Carolina Yankee
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« Reply #27 on: November 20, 2018, 07:42:28 PM »

I am kind of disappointed in that we won't proceed on the matter of AG independence, but that being said it is my firm belief that this bill is a gross violation of the Constitution and ironically while nominally trying to preserve a particular interpretation of separation of powers, such interpretation of such is theoretical while the active relevant separation of powers issue being violated is codified in the Constitution.

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The manner in which the enforcement of our laws is carried out is firmly rooted with the executive branch. That gives the President the authority to create, abolish, reorganize and destroy executive departments without any input from Congress.

Beyond that the President has the unlimited authority to appoint principle offers, who take office upon advise and consent of this chamber. Therefore absent constitutional amendment, the Congress cannot usurp what is enumerated as a power of the President and the Senate alone. Thus this bill is unconstitutional.


Beyond that as I stated previous during my term as President, it is my firm belief that selection of members of Congress is beneficial to the administration of the laws. For instance having a SoIA who is also a member of the People's House (the chamber that is most typically associated with the powers of the purse like in terms of origination of tax bills in real life and funding stuff etc etc), is a benefit. Likewise, having a SoS who is a Senator can be beneficial since the Senate has to ratify treaties.

I call this Semi-Parliamentarianism, as with a Parliament all members of the cabinet are by definition in the legislative branch. Here the presence of such members gives an advantage to policy making and helps to tie Congress into a loop with the Administration and increases engagement thus. On individual basis you can make a determination and decide not to do that, hence why the President has broad latitude. The President does not have to appoint a member of Congress, he has the option to do so.

Consider also the blanket difficulty that exists in finding people to fill positions, and then consider beyond that of course the reality that we have in this game with the many inactive people who do hold office. Why should we tie our hands and say for all of time that a President cannot appoint someone who in that instance might be the best possible choice. I hope that we would not make that mistake, be it by statute or amendment.

There is wisdom in the founders and as Conservatives and especially for myself I take that to heart. We have a great constitution in many ways because it preserves a level of practical flexibility in its structures and this is one of those instances.

The one area I would indeed be careful about is the Justice Department. I have long been in favor of judicial independence and for me the most fundamental principle of any democratic system and this comes straight to the heart of my Conservatism is that arbitrary law, government and enforcement of law is the evil that threatens most freedom and equality. It is present in every instance you can think of from slavery, to segregation, to lynchings, to Indian Removal. The violation of equal justice before the law is quickest path to authoritarianism, and to dictatorship either of the singular form (a dictator) or that of the majority (simple majority decides to eliminate you because of your color hat).

The independence of the Judiciary and of the Judicial branch is a fundamental safeguard to preserve and protect our freedoms, our rights and our constitution, as well as the stability and respect for the institutions upon which our system is built. It was in keeping with this understanding that I appointed our current attorney general because of his political independence and the fact that he was not holding any other positions, were just as critical as his in game and real life legal experience. Of course the main difficulty is that most of this pool are former Justices and thus as former Justices, it can be difficult to maintain activity since there is no position in the game that keeps them focused on until such an appointment comes.

Anyway, these are my thoughts on this bill.
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Southern Senator North Carolina Yankee
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« Reply #28 on: November 22, 2018, 02:38:59 AM »


Is someone going to call for objections on this? I don't want to step on the VP's toes, as Deputy PPT, if he is administering this thread, but will act if necessary here.
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YE
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« Reply #29 on: November 22, 2018, 04:41:32 PM »

Please table this.
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Dr. MB
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« Reply #30 on: November 23, 2018, 01:40:13 PM »

A vote will be held on tabling, lasting 48 hours. 2/3 support is necessary.
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YE
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« Reply #31 on: November 23, 2018, 03:28:20 PM »

Aye
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Sestak
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« Reply #32 on: November 23, 2018, 03:29:15 PM »

Aye.
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Zaybay
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« Reply #33 on: November 23, 2018, 05:48:46 PM »

AYE
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Lachi
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« Reply #34 on: November 23, 2018, 06:17:36 PM »

Aye
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Dr. MB
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« Reply #35 on: November 23, 2018, 06:22:53 PM »

Since a majority of senators have voted to table, this bill is hereby tabled.
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Southern Senator North Carolina Yankee
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« Reply #36 on: November 24, 2018, 11:20:14 AM »

AYE ftr
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Southern Senator North Carolina Yankee
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« Reply #37 on: November 24, 2018, 11:24:13 AM »

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Yes, Al Gore eat your heart out. The tabling vote is invalid because the motion was not seconded by a Senator.
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Sestak
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« Reply #38 on: November 24, 2018, 01:35:15 PM »

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Yes, Al Gore eat your heart out. The tabling vote is invalid because the motion was not seconded by a Senator.


I think this was being considered the second.
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Dr. MB
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« Reply #39 on: November 24, 2018, 09:15:07 PM »

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Yes, Al Gore eat your heart out. The tabling vote is invalid because the motion was not seconded by a Senator.


I think this was being considered the second.
Yes, it was.
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