tack50 v. Lincoln Speaker Wulfric (user search)
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  tack50 v. Lincoln Speaker Wulfric (search mode)
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Author Topic: tack50 v. Lincoln Speaker Wulfric  (Read 979 times)
Attorney General, LGC Speaker, and Former PPT Dwarven Dragon
Dwarven Dragon
Atlas Politician
Atlas Superstar
*****
Posts: 31,685
United States


Political Matrix
E: -1.42, S: -0.52

P P P

« on: March 24, 2021, 11:14:01 AM »
« edited: March 24, 2021, 09:02:40 PM by Lincoln Speaker Dwarven Dragon »

I ask the court to dismiss this case. The section of the Constitution so prescribed appears as follows:

Quote
12. The Council shall have the power to declare no confidence in the chancellor’s government. A motion of no confidence shall require a sufficient second to be voted on by the Council, and if this is achieved, a majority of the membership of the Council voting Aye or Nay is sufficient to declare non-confidence in the government. If a loss of confidence occurs in the government, the governor must call a snap election or appoint a new candidate for chancellor.


A majority of the membership - in fact, a supermajority thereof - did indeed vote Aye on the motion. Further, nowhere in this text does it require that the "second" happens on the forum. I am happy to share discord DMs on the subject should the Court take this case. Further, as the text does not specifically require that the second happen before the vote begins, AGA's Aye can be considered a second - the text only really serves to prevent a 1-0 (or 1-1 with the Governor tiebreak I suppose) vote of no confidence. This vote was 4-1.

I am not sure what the citizen is arguing with regard to section 3A of the Standing Orders, which states:

Quote
Section 3: Legislative Debates and Voting
A. All proposed legislation shall be open for debate for no less than 72 hours after the Speaker places it on the floor.


This section refers specifically to Legislation, not a motion. A motion of No confidence does not require a Governor's signature and so is not Legislation. Further, we have this section:

Quote
2. The presiding officer may unilaterally suspend any section of these rules at any time, unless another Councillor objects. If a Councillor objects, suspending the rules shall require the consent of two-thirds of sitting Councillors.



Thus this can be considered a suspension of the rules. As no one in the Council indicated an objection during the proceedings, as I am the presiding officer, and as the motion did receive the support of 2/3 of the Council, all requirements of this are met.

Thus, the Court should dismiss.
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Attorney General, LGC Speaker, and Former PPT Dwarven Dragon
Dwarven Dragon
Atlas Politician
Atlas Superstar
*****
Posts: 31,685
United States


Political Matrix
E: -1.42, S: -0.52

P P P

« Reply #1 on: March 26, 2021, 09:08:04 AM »

I have employed Oakvale as Counsel in this case.
Logged
Attorney General, LGC Speaker, and Former PPT Dwarven Dragon
Dwarven Dragon
Atlas Politician
Atlas Superstar
*****
Posts: 31,685
United States


Political Matrix
E: -1.42, S: -0.52

P P P

« Reply #2 on: April 07, 2021, 03:08:39 PM »

post script: I know this is weird but I have never had so much fun writing an opinion. this was so fun. Literally dedicated the better part of two of my days off to write this thing and there couldn't have been a better way to spend the time. Maybe I'm just very starved of intellectual stimulation, but this was a refreshing change of pace


also please let me know if you see any typos I tried to proofread it but considering this is literally like 25,000 characters of text I probably missed stuff

"the Lincoln Court shall thereafter assume full control of the entirety of the Errata, inheriting the authority they had previously delegated to the court"

Uh...the court delegated to itself, and shall assume full control of the things it previously delegated to itself? This makes no sense.

Also..
" must wait until after the requisite time for objections has elapsed."

To confirm, does the court view this requisite time for objections as the 24 hours used in other sections? Section 7 itself doesn't provide any time frame for objections (other than, I suppose, before the Council has completely abandoned the requisite thread)...



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