HR 18-7: Including Overlooked Constitutional Powers Amendment (Passed) (user search)
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  HR 18-7: Including Overlooked Constitutional Powers Amendment (Passed) (search mode)
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Author Topic: HR 18-7: Including Overlooked Constitutional Powers Amendment (Passed)  (Read 1152 times)
Mr. Reactionary
blackraisin
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Posts: 17,874
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Political Matrix
E: 5.45, S: -3.35

« on: May 07, 2019, 07:55:21 PM »

Yeah, so basically everyone from the Constitutional Convention says pre-reboot real life laws are binding in Atlasia. The Constitution does not have an identical list of powers as the real life Constitution so as a result several bodies of federal law which rest on those missing powers may or may not be valid. This includes all federal intellectual property law, bankruptcy law, DC law, administrative law pertaining to Article 1 tribunals, article 3 control over federal subject matter jurisdiction, and arguably immigration laws, including those passed post reboot. I think it would be prudent to reconcile the intent of the drafters with the actual text of the Constitution.
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,874
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #1 on: May 12, 2019, 08:54:05 PM »

§20 would nullify D.C. statehood, which has been the de facto status of the District since 2016.

The capital doesn't have to be in DC. The alternative is that there can be no National capital.
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Mr. Reactionary
blackraisin
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*****
Posts: 17,874
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #2 on: May 13, 2019, 06:27:09 AM »
« Edited: May 13, 2019, 06:41:50 AM by Mr. Reactionary »

§20 would nullify D.C. statehood, which has been the de facto status of the District since 2016.

The capital doesn't have to be in DC. The alternative is that there can be no National capital.
Not sure I follow this line of reasoning. How would that work, exactly? (Also, if that's the intent, why even include the provision?)

The real life constitution has federal powers A - R. The in-game constitution word for word copies text from the real life constitution but seemingly purposefully omits federal powers M - R. From an interpretation standpoint, the purposeful deviation from the text of the source material suggests the changes were done for a reason; to remove that grant of power from the federal government. By deleting all references to having a National capital, the federal government arguably no longer has the power to have a National capital. While DC is the current capital in real life, Congress can move the capital to other locations. Your argument is that because DC is no longer a fit capital in-game, Congress should not have the power to have a capital anywhere, even if its not DC.

This again represents a large area where the claim from the in-game constitution drafters that pre-reboot real life laws are binding in Atlasia appears to have been a lie. We have been acting like there is a national capital even though there is no grant of power ... and yes we have also been treating Nyman like the capital overseen by the feds and not a State in-game. We passed an entire law governing DC as though it was a capital subject to federal jurisdiction last year (https://uselectionatlas.org/AFEWIKI/index.php/MAKE_NYMAN_A_PARADISE_ACT) and no one objected at the time. It passed the Senate 4-0 (including an aye from Adam Griffin) and passed the House 7-0 (including an aye from Weatherboy), so it certainly appeared that Congress once thought it had the power to oversee DC law as in real life.

Especially in-game where the partisan pressures aren't as bad as real life it seems strange to make a mere City and entire State without that new City-State even passing so much as a new Constitution. Im guessing DC was just stuck in the list of States during the Con Con and it was assumed this by itself made DC a magical State with full State powers and a State government? Did Congress approve anything separately granting statehood by like approving a state constitution?

Edit: If DC is presumed to be a State I guess the bright side is that DC no longer has any gun control laws and the Southern region can voucherize public schools without ANY federal oversight...
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Mr. Reactionary
blackraisin
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*****
Posts: 17,874
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #3 on: May 21, 2019, 03:30:19 PM »

Reactionary-Jimmy Amendment, Take 2. Hopefully this goes better than last time.

Looks like it did go better this time.

Let's hope the Senate goes as smoothly.
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