Southern Senator North Carolina Yankee
North Carolina Yankee
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Atlas Institution
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« on: November 20, 2018, 08:47:42 PM » |
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Its Spring 2013. I bring a pretty mundane case against the gov't of Atlasia for trying to rename offices that the constitution named within its own text. The case was brought in March and was argued through early April, but then the court sat for a month before ruling 3-0 in my favor.
However, the seeds had been sown. There was anger and righteous indignation at the inactivity of the Supreme court. Heads were demanded to be rolled and articles of impeachment were introduced and brought against all sitting members, which ironically meant justices presiding over each other's impeachment under the constitution. However, Napoleon and myself pushed through and passed a rather imperfect amendment requiring all justices to post on each case as it was decided. The heat cooled down, and the impeachment articles were all defeated.
The same court then ruled unanimously to strike down the Final Constitution of the Pacific late in June, and the sh**t hit the fan ones again. This time the architects of said Pacific venture, launched a multi-year/multi-faceted approach to undermine and remove the sitting Justices. One resigned in the fall, another was banned early the next year, leaving only one of the original justices on the court (he would remain on the court until he fell off the roles in December 2016).
It is perfectly reasonable and even desirable for people to be outraged over the inactivity of officeholders and it is reasonable to desire a correction and a resolution of such. However, when we go to far, when we start trampling on the constitution, equal protections and judicial independence we sow the seeds of ruination far worse than inactivity. We will resist inactivity with the tried and proven methods of accountability and rigorously enforced, uniform standards. But we shall do so in a way that respects and adheres to constitutional law and our basic principles.
As a Federalist and as an Atlasian, I would never believe that a crisis is so great that the ultimate and best resolution and conclusion is one that violates the Constitution in order to achieve its end. We will pursue reforms, accountability and standards and do so in accordance with the process as it is, and if we find something that we think should be changed, there is a process for that.
I am all for region's recalling their own officials who have done their jobs poorly. Beyond that I am also in favor of exploring the potential for having as a process the recall of Atlasian Senators. However, such would in my opinion require a constitutional amendment to pursue. If we are to strictly interpret the wording of Article III, Section 2, Clause I, it is in my opinion that that the following are true.
1. The Senate of Atlasia and the members thereof are Constitutionally created offices, tasked with representing the regions in the Congress of Atlasia. This means that their power of creation authority stems directly from the Constitution under Article III, it also means that the only way that such can be changed or altered is via the Article IX provisions allowing for the amendment of the constitution.
2. As constitutionally created offices, and assuming one holds Constitutional supremacy to be true, all things related to that office are thereby dictated within that document. The ability of other entities to act on or effect this office is thus strictly limited to those explicitly proscribed in the text of the constitution itself.
3. There are very few allowable instances where such is possible:
1. The Regions may determine their manner of election to a four month term (Section I)
2. Vacancies shall be filled in a manner determined by the region, otherwise by the Regional Executive of the region in Question. (Section I)
3. Each chamber may enact rules concerning the discipline of each chamber, but only by a two-thirds vote may a Senator be expelled. (Section IV)
4. The Senate shall judge its own elections and the qualification of its members. (Section IV)
That is it, all other facets of being, becoming or remaining a Senator are stated in the Constitution itself. Therefore I do not see a constitutional basis for a region recalling its Senators under the current wording of the Constitution. However, I am open to the idea and I think we should be discussing the possibility of allowing that for the future. As such I am happy to continue ongoing discussions with the Regional Government officials already underway to proceed with introducing an amendment to allow for this process.
I will state again it is perfectly reasonable to demand accountability and to pursue reforms that achieve that end, but we must remain within the law in doing so. The problems that stem from not doing so, lead to more inactivity, more disengagement and open up the risk for abuse as we have seen this pattern play out. Well meaning people take action and for justifiable reasons and then the crazies ride in and go to town trying to take advantage of the situation.
When it comes to Lechasseur, I have seen the desire of the Southern Region to have an active Senator, therefore since becoming Senator, less than five hours ago, I have acted in manner that I feel is constitutional to have the will of the Southern Region be carried out one way or another. I have the utmost respect for everyone who has signed the petition for recall and for the good and well meaning people who have organized and pushed for it. I want you to know that I am acting in your interests and pursuing your desired will in means that I think is the most appropriate, most constitutional and most expeditious yet fair manner possible.
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