Southeast: Regional Authority Judicial Amendment

[John Dibble]

http://ernestcline.home.mindspring.com/Southeast/constitution.html

Currently, the Southeastern Constitution statest the following:

"Article V: Regional Judicial Authority

1. The Magistrate of the Southeastern Region shall serve until either his resignation, recall, or the approval by the voters of a replacement nominated by the Governor.

2. The Magistrate shall be the chief judicial officer of the Southeastern Region and is responsible for the adminstration of the courts of the Southeastern Region.

3. In the event that the office of Magistrate be vacant, the Lieutenant Governor shall have authority to act in his stead only on such matters as will not admit of delay."


This petition proposes and amendment adding the following to the above article:

"4. In the event that at ruling, edict, or other lawful delcaration by the Magistrate is challenged by a Southeastern citizen, the Magistrate may not rule upon the challenge. Instead, the Govenor may appoint an impartial party to serve as a temporary judge to preside and rule over the challenge in court. If the Govenor is unavailable, the Lieutenant Govenor may make such an appointment in the Govenor's place. If neither the Govenor nor Lieutenant Govenor make an appointment in one week's time, the case shall be appealed to the lowest federal court available."


I was going to have the last part be Supreme Court, because as things stand that is the only federal court, but things may change in the future(addition of District courts, for instance) and I wouldn't want to need to make an unnecessary amendment. For now, the last sentence refers to the Supreme Court for all intents and purposes.

[Sam Spade]

I dislike the ceding of regional authority to the Federal courts, fwiw.

The rest of the amendment is fine, imo.

[John Dibble]

I dislike the ceding of regional authority to the Federal courts, fwiw.

The rest of the amendment is fine, imo.

Well, I do too, which is why I give first preference to the region to determine things. The thing is though, we can't allow someone to rule on their own actions - that's just crazy. I'm willing to accept any suggestions as to improving this.

[A18]

I think you meant to say "Magistrate is challenged by a Southeastern citizen, the Magistrate may --NOT-- rule upon the challenge"

[John Dibble]

I think you meant to say "Magistrate is challenged by a Southeastern citizen, the Magistrate may --NOT-- rule upon the challenge"

Thank you. Corrected.

[Sam Spade]

Here's my version:

"4. In the event that a ruling, edict, or other lawful delcaration by the Magistrate is challenged by a Southeastern citizen, the Magistrate may not rule upon the challenge.

Instead, the Governor must appoint an impartial party to serve as a temporary judge to preside and rule over the challenge in court. If the Governor is unable or unavailable to make an appointment in 48 hours, the Lieutenant Governor may make such an appointment in the Governor's place.  If the Lieutenant Governor is unable or unavailable to make an appointment in 48 hours after the Governor's first 48 hour time period, then the Regional Senator may make such an appointment in the Governor's place."

I'm striking the rest of it.  I would hope that at least one of these three people would do something, otherwise we need a recall election.

[John Dibble]

If the Lieutenant Governor is unable or unavailable to make an appointment in 48 hours after the Governor's first 48 hour time period, then the Regional Senator may make such an appointment in the Governor's place."

There's just one problem - as far as I know, there is no 'Regional' Senator. Senators are elected by Districts, which may encompass all or less than all of a region's states. Correct me if I'm wrong, I looked it up and couldn't find anything contradicting that. I agree with the sentiment, perhaps a bit of rewording - maybe the "Senator whose district contains the most Southeastern states" might be sufficient.

[A18]

There could be a dead even split, in theory, right? Because the regions have 10 states? In that case, I'd specify a random state to decide it.

[John Dibble]

There could be a dead even split, in theory, right? Because the regions have 10 states? In that case, I'd specify a random state to decide it.

Good point.

[Sam Spade]

If the Lieutenant Governor is unable or unavailable to make an appointment in 48 hours after the Governor's first 48 hour time period, then the Regional Senator may make such an appointment in the Governor's place."

There's just one problem - as far as I know, there is no 'Regional' Senator. Senators are elected by Districts, which may encompass all or less than all of a region's states. Correct me if I'm wrong, I looked it up and couldn't find anything contradicting that. I agree with the sentiment, perhaps a bit of rewording - maybe the "Senator whose district contains the most Southeastern states" might be sufficient.

There will be a Regional Senator (from the New Constitution) after June.  Please read Article 1, Section 1 of the New Constitution.

[John Dibble]

If the Lieutenant Governor is unable or unavailable to make an appointment in 48 hours after the Governor's first 48 hour time period, then the Regional Senator may make such an appointment in the Governor's place."

There's just one problem - as far as I know, there is no 'Regional' Senator. Senators are elected by Districts, which may encompass all or less than all of a region's states. Correct me if I'm wrong, I looked it up and couldn't find anything contradicting that. I agree with the sentiment, perhaps a bit of rewording - maybe the "Senator whose district contains the most Southeastern states" might be sufficient.

There will be a Regional Senator (from the New Constitution) after June.  Please read Article 1, Section 1 of the New Constitution.

Ah, then we'll go with that then.

[Sam Spade]

I might suggest one other thing, because this law at present, gives anyone the power to challenge something they don't like and makes the power of the Magistrate basically nil.

Final Version - Regional Authority Judicial Amendment[/b]

Article V of the SE Constitution is amended to include the following prescribed clauses:

"4.  The Citizens of the Southeastern Region have the right to challenge any ruling, edict, or other lawful declaration by the Magistrate of the Southeastern region.   A petition to challenge the ruling must have the signatures of three registered Southeastern voters in order to be brought before the Governor.

5.. In the event that a petition to challenge a ruling by the Magistrate is challenged by a Southeastern citizen, the Magistrate may not rule upon the challenge.

Instead, the Governor must appoint an "impartial party" to serve as a temporary judge to preside and rule over the challenge in court. If the Governor is unable or unavailable to make an appointment in 48 hours, the Lieutenant Governor may make such an appointment in the Governor's place.  If the Lieutenant Governor is unable or unavailable to make an appointment in 48 hours after the Governor's first 48 hour time period, then the Regional Senator may make such an appointment in the Governor's place.

Such an "impartial party" may not include any officer of the Southeast Region and may not include anyone who signed the petition the challenge said ruling."

[John Dibble]

Ok, yes, good points. I support the final version proposed above.

X John Dibble

[A18]

I don't see how this is any different from the Supreme Court overturning its own decisions.

[Jake]

I'll sign this, but vote against it.  I like the present situation

-Jake

[WiseGuy]

X WiseGuy