HB 27-04: Sticking a Middle Finger to Big Brother Act (Passed)

[OBD]

Nay.

[SevenEleven]

Nay.

[Left Wing]

Nay

[West_Midlander]

I vote Nay because while I understand the sentiment behind the amendment, I think it might go beyond the scope of the original bill and probably should be introduced in a separate bill if pursued by the Congressman.

I think the addition of section 3 could be a bit too ambiguous and again, goes beyond the scope of the original bill. If the Congresswoman pursues this as a separate bill, I would suggest more specific language instead of "or other strange orders" but there isn't much sentiment in this chamber, it seems, to add this amendment to this bill.

[fhtagn]

Also worth mentioning that this bill in question, not just the amendment being discussed, is unconstitutional.

[The Dowager Mod]

Nay.

[The world will shine with light in our nightmare]

This is unconstitutional. Congress doesn't have the power to repeal state, local, or regional laws and ordinances it doesn't like.

If this bill heads to the Senate, I cannot vote for it.

[OBD]

This is unconstitutional. Congress doesn't have the power to repeal state, local, or regional laws and ordinances it doesn't like.

If this bill heads to the Senate, I cannot vote for it.

Well that's a problem.

Mr. President, do you have any proposed remedies? Would specifying this only applies to federal statue fix this issue?

[P. Clodius Pulcher did nothing wrong]

No

[Dr. MB]

This is unconstitutional. Congress doesn't have the power to repeal state, local, or regional laws and ordinances it doesn't like.

If this bill heads to the Senate, I cannot vote for it.

Well that's a problem.

Mr. President, do you have any proposed remedies? Would specifying this only applies to federal statue fix this issue?

Well that sucks. Sure try it. But these things aren’t usually at the federal level.

[Rep Jessica]

Since it is unconstitutional I am asking for it to be tabled.

[Left Wing]

Since it is unconstitutional I am asking for it to be tabled.

For now, the unconstitutionality is merely an opinion.

[fhtagn]

Since it is unconstitutional I am asking for it to be tabled.

For now, the unconstitutionality is merely an opinion.

Sounds like you've never read the Constitution.

I highly suggest you do so then rethink your post, otherwise you and anyone else who supports this is violating the oath you swore when taking office.

[OBD]

As the member from Mississippi said regarding another bill, I think this bill is still workable. Perhaps an amendment to limit this bill to federal statue is in order, as I said (I'll propose such an amendment later today when I have time).

[Sirius_]

Since it is unconstitutional I am asking for it to be tabled.

For now, the unconstitutionality is merely an opinion.

Sounds like you've never read the Constitution.

I highly suggest you do so then rethink your post, otherwise you and anyone else who supports this is violating the oath you swore when taking office.

Legally speaking the courts could decide that it is constitutional, even if it appears to be blatantly not constitutional. So it is not entirely wrong to say that.

[fhtagn]

As the member from Mississippi said regarding another bill, I think this bill is still workable. Perhaps an amendment to limit this bill to federal statue is in order, as I said (I'll propose such an amendment later today when I have time).

Seems like a waste of time, since as mentioned earlier, it's not actually a federal issue. Just table the bill already and focus on things you guys can actually do.

[OBD]

Proposing the following amendment to resolve the constitutionality issue. As from what I can tell, all curfew laws are effectively regional, we're gonna need to axe all of Section I.

Sticking a Middle Finger to Big Brother Act

Be it enacted in both houses of Congress assembled,

Section 1. Cur-phew
a. "Curfew laws" are defined as all laws prohibiting people of any age group, or in general, from being in public areas during a certain time (usually at night), outside of a state of emergency as declared by either the President or local authorities.
b. All existing curfew laws in Atlasia are hereby repealed.
c. No jurisdiction may implement curfew laws in the future.
d. All persons cited for violating curfew laws shall have their records expunged.

Section 21. Saving Face
a. A "facial recognition camera" is any camera which includes a feature to recognize a person's face.
b. All facial recognition cameras, with the following exceptions, are hereby banned in the Republic of Atlasia.
  i. Smartphones, tablets, and other personal, mobile devices not permanently mounted to a surface shall be exempt from this law.
c. Owners of such devices shall have until July 1, 2021 to dispose of them.
d. Manufacturers of such devices shall immediately cease production of all such devices.
e. Any person or entity found in violation of parts 2c and 2d may be fined an amount not to exceed $5,000, and shall have such device confiscated.

[Joseph Cao]

Nay on the amendment vote.

Furthermore, there has been a motion to table the bill, which will need the support of an additional representative; I will not be acting on this motion otherwise.

I am supportive of OBD's amendment, not just for the reasons Scott and others have pointed out (repealing regional laws by fiat is problematic in itself) but also because any legislative messing around with curfews would probably invite further ambiguity with regard to their implementation or lack thereof. However, I'll wait for the sponsor to check in and declare it either friendly or unfriendly before acting further.

[Left Wing]

I'll declare the amendment unfriendly as I'd like to see a vote on this. I am not completely on board with removing section 1 but if that has to go to get it passed, then so be it.

[Joseph Cao]

Got that. I'll open the vote on striking Section 1 right after we conclude the current one, which should be in about 24 hours.

[OBD]

I'll declare the amendment unfriendly as I'd like to see a vote on this. I am not completely on board with removing section 1 but if that has to go to get it passed, then so be it.

The issue with section 1 is that we don't have the power to repeal regional curfew laws, and there don't seem to be any federal curfew laws to repeal (as curfew is generally a locally-handled issue).

[Poirot]

Aye on the amendment
(leaving aside the constituionality issue raised) If we expunge records for curfew might as well do it for lockdown.

[Joseph Cao]

Closing the vote on Jessica's amendment. Mirabile dictu, everyone voted!

By a vote of 2-7-0-0, the amendment fails.

[Joseph Cao]

And a vote is now open on the following amendment:

Sticking a Middle Finger to Big Brother Act

Be it enacted in both houses of Congress assembled,

Section 1. Cur-phew
a. "Curfew laws" are defined as all laws prohibiting people of any age group, or in general, from being in public areas during a certain time (usually at night), outside of a state of emergency as declared by either the President or local authorities.
b. All existing curfew laws in Atlasia are hereby repealed.
c. No jurisdiction may implement curfew laws in the future.
d. All persons cited for violating curfew laws shall have their records expunged.

Section 21. Saving Face
a. A "facial recognition camera" is any camera which includes a feature to recognize a person's face.
b. All facial recognition cameras, with the following exceptions, are hereby banned in the Republic of Atlasia.
  i. Smartphones, tablets, and other personal, mobile devices not permanently mounted to a surface shall be exempt from this law.
c. Owners of such devices shall have until July 1, 2021 to dispose of them.
d. Manufacturers of such devices shall immediately cease production of all such devices.
e. Any person or entity found in violation of parts 2c and 2d may be fined an amount not to exceed $5,000, and shall have such device confiscated.

72 hours to vote. Representatives, please vote Aye, Nay, or Abstain.

[OBD]

Aye.