Petition to recall Senator Haslam2020 (user search)
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  Petition to recall Senator Haslam2020 (search mode)
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Author Topic: Petition to recall Senator Haslam2020  (Read 1468 times)
Sestak
jk2020
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Ukraine


« on: November 14, 2018, 01:46:59 AM »

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I'm skeptical as to whether or not the federal constitution allows for recall of Senators - while the elections are administered by the regions, Article III, Section 2-1 states that they shall be elected for a term of four months in the manner prescribed by the legislature - implying that the legislature cannot instate a method by which that term can be cut short. The quoted section underscores this by clearly stating that a Senator cannot be expelled without a 2/3 vote from the Senate itself.

If this does appear to have traction among Southern citizens, I'd consider introducing an explusion motion, though I'd prefer his Southern colleague to be the one to do so.
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Sestak
jk2020
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Posts: 13,284
Ukraine


« Reply #1 on: November 14, 2018, 02:01:06 AM »

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I'm skeptical as to whether or not the federal constitution allows for recall of Senators - while the elections are administered by the regions, Article III, Section 2-1 states that they shall be elected for a term of four months in the manner prescribed by the legislature - implying that the legislature cannot instate a method by which that term can be cut short. The quoted section underscores this by clearly stating that a Senator cannot be expelled without a 2/3 vote from the Senate itself.

If this does appear to have traction among Southern citizens, I'd consider introducing an explusion motion, though I'd prefer his Southern colleague to be the one to do so.

That would only apply if this took place within the same body. This has nothing to do with the region's rights to recall any elected official. Senators are elected by the regions, which gives us the right to decide how this is handled, not the federal government.

Then could a region pass a law stating that automatic recall elections for Senate would be held every month? Senator is still an office created by the federal constitution, and the Atlasian constitution does not grant regions the rights to recall federal officials.
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Sestak
jk2020
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Posts: 13,284
Ukraine


« Reply #2 on: November 14, 2018, 02:12:39 AM »

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I'm skeptical as to whether or not the federal constitution allows for recall of Senators - while the elections are administered by the regions, Article III, Section 2-1 states that they shall be elected for a term of four months in the manner prescribed by the legislature - implying that the legislature cannot instate a method by which that term can be cut short. The quoted section underscores this by clearly stating that a Senator cannot be expelled without a 2/3 vote from the Senate itself.

If this does appear to have traction among Southern citizens, I'd consider introducing an explusion motion, though I'd prefer his Southern colleague to be the one to do so.

That would only apply if this took place within the same body. This has nothing to do with the region's rights to recall any elected official. Senators are elected by the regions, which gives us the right to decide how this is handled, not the federal government.

Then could a region pass a law stating that automatic recall elections for Senate would be held every month? Senator is still an office created by the federal constitution, and the Atlasian constitution does not grant regions the rights to recall federal officials.

The federal constitution created the position, but the process in which the position is filled is determined by the regions. The Southern Constitution clearly states that the region has the power to recall ANY ELECTED OFFICIAL by the process of petition. Senators are elected by the regions, not the federal level like the House.

The federal constitution gives the regions the power to administer election to the position for a term of four months. It does not give them the power to change the term length at will by cutting it short.
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Sestak
jk2020
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*****
Posts: 13,284
Ukraine


« Reply #3 on: November 14, 2018, 02:21:01 AM »

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I'm skeptical as to whether or not the federal constitution allows for recall of Senators - while the elections are administered by the regions, Article III, Section 2-1 states that they shall be elected for a term of four months in the manner prescribed by the legislature - implying that the legislature cannot instate a method by which that term can be cut short. The quoted section underscores this by clearly stating that a Senator cannot be expelled without a 2/3 vote from the Senate itself.

If this does appear to have traction among Southern citizens, I'd consider introducing an explusion motion, though I'd prefer his Southern colleague to be the one to do so.

That would only apply if this took place within the same body. This has nothing to do with the region's rights to recall any elected official. Senators are elected by the regions, which gives us the right to decide how this is handled, not the federal government.

Then could a region pass a law stating that automatic recall elections for Senate would be held every month? Senator is still an office created by the federal constitution, and the Atlasian constitution does not grant regions the rights to recall federal officials.

The federal constitution created the position, but the process in which the position is filled is determined by the regions. The Southern Constitution clearly states that the region has the power to recall ANY ELECTED OFFICIAL by the process of petition. Senators are elected by the regions, not the federal level like the House.

The federal constitution gives the regions the power to administer election to the position for a term of four months. It does not give them the power to change the term length at will by cutting it short.

Once again, the Constitution (both federal and southern) clearly states what can and cannot be done. Expulsion and recall are not the same process. We are not expelling him because we obviously cannot do that, since we all are not within the same body. However we have the power to recall regional officeholders, which is constitutionally acceptable.

Maybe instead of trying to cause issues that don't actually exist, you should focus on actually doing your job. While you're at it, be a good party leader and get your party members to do their jobs, too. 

This sets a ridiculous precedent. Senators are not regional officials. They are federal officials elected by the regions.
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Sestak
jk2020
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*****
Posts: 13,284
Ukraine


« Reply #4 on: November 14, 2018, 02:26:40 AM »

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I'm skeptical as to whether or not the federal constitution allows for recall of Senators - while the elections are administered by the regions, Article III, Section 2-1 states that they shall be elected for a term of four months in the manner prescribed by the legislature - implying that the legislature cannot instate a method by which that term can be cut short. The quoted section underscores this by clearly stating that a Senator cannot be expelled without a 2/3 vote from the Senate itself.

If this does appear to have traction among Southern citizens, I'd consider introducing an explusion motion, though I'd prefer his Southern colleague to be the one to do so.

That would only apply if this took place within the same body. This has nothing to do with the region's rights to recall any elected official. Senators are elected by the regions, which gives us the right to decide how this is handled, not the federal government.

Then could a region pass a law stating that automatic recall elections for Senate would be held every month? Senator is still an office created by the federal constitution, and the Atlasian constitution does not grant regions the rights to recall federal officials.

The federal constitution created the position, but the process in which the position is filled is determined by the regions. The Southern Constitution clearly states that the region has the power to recall ANY ELECTED OFFICIAL by the process of petition. Senators are elected by the regions, not the federal level like the House.

The federal constitution gives the regions the power to administer election to the position for a term of four months. It does not give them the power to change the term length at will by cutting it short.

Once again, the Constitution (both federal and southern) clearly states what can and cannot be done. Expulsion and recall are not the same process. We are not expelling him because we obviously cannot do that, since we all are not within the same body. However we have the power to recall regional officeholders, which is constitutionally acceptable.

Maybe instead of trying to cause issues that don't actually exist, you should focus on actually doing your job. While you're at it, be a good party leader and get your party members to do their jobs, too. 

This sets a ridiculous precedent. Senators are not regional officials. They are federal officials elected by the regions.

Senators are there to represent the regions. That is why they are elected by us, rather than by all of Atlasia like the House. They may operate at the federal level, but they are absolutely regional officials.

They are elected by the regions, sure, but they undeniably exist at the federal level of government, not the regional - the office is created as a federal one ultimately governed by the Constitution of Atlasia, not the regional constitutions.
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Sestak
jk2020
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*****
Posts: 13,284
Ukraine


« Reply #5 on: November 14, 2018, 10:35:08 AM »

Or, easy solution, why doesn't the Senate just expel Haslam?
Saves time from not needing a long arduous court case.

Because lazy Sestak made very clear he doesn't feel the need to expel an inactive Senator and wants someone else to do a job he can do himself.

Let’s not pretend that I could have expelled Haslam before this without half the Feds screaming about how I was being partisan and expelling my opposition.
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