LGC 7.1 - LINCOLN FREEDOM ACT (Passed)

[RC (a la Frémont)]

LINCOLN FREEDOM ACT

A BILL FOR AN ACT
to protect the rights of the people of Lincoln from tyrants

BE IT ENACTED BY THE GENERAL COURT RESOLVED.

Section 1, TITLE.
1. The title of this Act shall be, "The Lincoln Freedom Act."


Section 2, REPEALS
1. The Emergency Act (LGC 6.12) is hereby repealed in its entirety.

2. It shall hereinafter be a felony for the Governor of Lincoln to suspend habeas corpus, declare martial law, or invade another Region without the express prior approval of the Lincoln General Court.


Section 3, EFFECTIVE DATE
1. This act shall take effect immediately.

[/quote]
Sponsor: Pink Panther

Requesting the sponsor to justify this bill, especially considering it came from an outside source originally.

[Pink Panther]

Thank you, Mr. Speaker, but after reviewing legislation 6:12, I believe that these powers granted to the Governor were never necessary to begin with, let alone right now. With the recent actions of the Atlasian Federal Government, the Kansas Crisis is clearly over. Even if you discard the fact that the Kansas dispute was unconstitutional, which it was, it was apparent that there was never a serious threat to the security of the Region of Lincoln, it's interests, or it's citizens in the first place. However, our great region's executive office still gained tremendous amounts of power despite that fact, and there is great potential for one of our executives, present or future, to greatly abuse these powers, harming our citizens in the process. And as for this proposal originally coming from an outside source, I believe the original author had no harmful intentions with this bill, and I also believe the writing and provisions of this bill were simply sufficient enough for me to sponsor it.

I also motion for a final vote.

[Mr. Reactionary]

As someone who frequently visits Lincoln, I'm concerned with the breadth of the unchecked emergency powers that passed last session. They could lead to the suspension of habeas corpus or a manmade famine or the Governor doing whatever he wanted without checks and balances. Your governor seems to think so.

[KaiserDave]

Yeah I said some dumb jokes on discord well done you got me, anyone who takes it seriously is wrong. I didn’t do anything, obviously.

Anyway I will sign a version of this which I will write up.

[Mr. Reactionary]

Yeah I said some dumb jokes on discord well done you got me, anyone who takes it seriously is wrong. I didn’t do anything, obviously.

Anyway I will sign a version of this which I will write up.

They may have been jokes, but it does show an unscrupulous future governor could abuse the emergency powers in the ways you joked about for real. The emergency bill is less than 2 months old. A clean repeal wont hurt anyone and insures that a future governor cant purposefully starve people or abuse habeas corpus. Since you were just joking, it shouldnt be a problem signing a clean repeal and going back to the status quo pre-insurrection. Thats the best way to prevent future bad acts. Again if you were just joking why not just sign a clean repeal? The Emergency Act "passed" with only a single legislator voting for it. Its not like there is overwhelming support. Theres no demonstrated need. And there IS potential for grave abuse.

Again, if you really werent part of a seditious insurrection conspiracy and were just joking, why are you trying to stop the repeal of a totalitarian bill that was only passed to further the conspiracy, and again only "passed" with 1 legislator voting for it?

[RC (a la Frémont)]

I will wait to recognize the final vote motion in light of the upcoming amendments proposed by the Governor.

[KaiserDave]

I will wait to recognize the final vote motion in light of the upcoming amendments proposed by the Governor.

This is coming.

Edit: I'm abroad for personal family business, so it might take a few days.

[Sirius_]

Unless the governor confirms his intent to amend the bill, I suggest that we move to a final vote.

[KaiserDave]

RETURN TO NORMALCY ACT


BE IT ENACTED BY THE GENERAL COURT RESOLVED.

Section 1, TITLE.
1. The title of this Act shall be, "The Return to Normalcy Act"


Section 2, REPEALS
1. The Powers entrusted to the Governor in the Emergency Act (LGC 6.12) are hereby revoked, and all actions taken by the Governor in that period are hereby rescinded

2. The General Court retains power over all measures to act outside of the constitution in a period of crisis.


Section 3, EFFECTIVE DATE
1. This act shall take effect immediately.

The previous bill implied that crimes had been committed (not true), and that this new bill works within the legal logic set out in LGC 6.12. It is also written by a Lincolnite.

[Mr. Reactionary]

RETURN TO NORMALCY ACT


BE IT ENACTED BY THE GENERAL COURT RESOLVED.

Section 1, TITLE.
1. The title of this Act shall be, "The Return to Normalcy Act"


Section 2, REPEALS
1. The Powers entrusted to the Governor in the Emergency Act (LGC 6.12) are hereby revoked, and all actions taken by the Governor in that period are hereby rescinded

2. The General Court retains power over all measures to act outside of the constitution in a period of crisis.


Section 3, EFFECTIVE DATE
1. This act shall take effect immediately.

The previous bill implied that crimes had been committed (not true), and that this new bill works within the legal logic set out in LGC 6.12. It is also written by a Lincolnite.

Is there a reason you are adverse to ending the state of emergency declared in the Emergency Act? If the Emergency Act is repealed in its entirely like in PinkPanther's bill, the declared emergency ends AND the governor powers are rescinded. Your proposed amendment only repeals the governor powers but NOT the declaration of emergency. Im not sure why the declared emergency is necessary any more.

And if you do agree to end the emergency, you might as well just do a clean repeal of the emergency act as there is nothing substantive left.

Its also sort of alarming that you think the Lincoln government can act outside of the constitution by mere statute rather than by a constitutional amendment. The constitution is superior to statutory law so that proposed amendment is unconstitutional.

Also weird that you dont want the Governor to be liable for blatant constitutional violations. The suspension of habeas corpus and declarations of war are legislative powers, not executive powers so its not like a hypothetical future governor would be acting in good faith by committing such despicable acts.

The bill as submitted by PinkPanther seems to be the most logical, legal, easy, and protective way to revert to the status quo. Keep in mind, this creates new criminal liability which means the law could not be retroactively applied against you.



The text of the emergency act is:

A BILL FOR AN ACT
to protect Lincoln and her people from the current civil crisis

BE IT ENACTED BY THE GENERAL COURT RESOLVED.

Section 1, TITLE.
1. The title of this Act shall be, "The Emergency Act."

Section 2, POWERS
1. Lincoln is hereby in a state of emergency, and the Governor and the General Court can take any constitutional measures to keep the peace
2. The Governor of Lincoln is hereby empowered to declare curfew, mobilize and command civil and military defense, regulate commerce and movement by decree
3. The Governor of Lincoln is hereby empowered to control all entry into Lincoln and establish functional control of borders between states and regions
4. The Governor is hereby empowered to take any measures to protect the people, as he deems necessary
5. The Court of Lincoln may only sit so long as the Governor signs off on their proceedings
6. The Governor of Lincoln may submit legislation directly to the General Court


Section 3, REGULATIONS
1. The General Court may revoke these powers at any time by a simple majority vote

[KaiserDave]

1. This does end the emergency, so???

2. Your bill incorrectly implies that a crime was committed during the emergency, which I resent.

[At-Large Senator LouisvilleThunder]

1. This does end the emergency, so???

2. Your bill incorrectly implies that a crime was committed during the emergency, which I resent.

You resent the crime committed?

[KaiserDave]

1. This does end the emergency, so???

2. Your bill incorrectly implies that a crime was committed during the emergency, which I resent.

You resent the crime committed?

I resent the implication that crimes were committed

[Mr. Reactionary]

1. This does end the emergency, so???

2. Your bill incorrectly implies that a crime was committed during the emergency, which I resent.

You resent the crime committed?

I resent the implication that crimes were committed

Perhaps you instead should feel shame that crimes were committed by yourself as you were knowingly participating in a seditious conspiracy. Habeas corpus cannot be unilaterally suspended by the executive. Yet, you did so ... after discussing doing so in a seditious discord chat, asking permission to do so, and later reporting that you had done so all while "joking" about the ways you could hypothetically abuse this to the benefit of the seditious conspiracy. There was never an emergency in Lincoln and yet you declared martial law, imposed a regionwide curfew, and suspended habeas corpus. Like seriously, where was the emergency? The real emergency was that your scummy co-conspirators invaded Kansas and you exploited that by violating constitutional rights in far away Maine and Vermont, again at the request of and with the desire of the Truman conspiracy, all while "joking" that you might cause a famine or launch a foreign invasion.

Frankly you should be impeached, and rather than accepting responsibility for your undeniable, exposed conspiratorial misdeeds, you are actively fighting a bill that would prevent your abuses from reoccuring or going even further.

In case we forgot:

...

I declare MARTIAL LAW in constituent states ...



Governor KaiserDave

...

I order an immediate curfew of 9 PM EST ...

I order that all citizens of Lincoln must carry around legitimate legal ID at all time ...

I order that ALEC be given the authority for summary arrests and indefinite detentions ...



Governor KaiserDave

To truly return to normalcy, the Lincoln Emergency Act should be repealed, the despicable things you did or planned to do "joking" or not should be expressly criminalized, and you should resign.

[KaiserDave]

Crikey. Someone's got an axe to grind.

[Mr. Reactionary]

Crikey. Someone's got an axe to grind.

No schit. You participated in a seditious conspiracy to violently subjugate my home and are trying to slither away from accepting culpability.

[KaiserDave]

Crikey. Someone's got an axe to grind.

No schit. You participated in a seditious conspiracy to violently subjugate my home and are trying to slither away from accepting culpability.

You act like I actually killed somebody calm down. I literally did nothing.

[Mr. Reactionary]

Crikey. Someone's got an axe to grind.

No schit. You participated in a seditious conspiracy to violently subjugate my home and are trying to slither away from accepting culpability.

You act like I actually killed somebody calm down. I literally did nothing.

...

I declare MARTIAL LAW in constituent states ...



Governor KaiserDave

...

I order an immediate curfew of 9 PM EST ...

I order that all citizens of Lincoln must carry around legitimate legal ID at all time ...

I order that ALEC be given the authority for summary arrests and indefinite detentions ...



Governor KaiserDave

[RC (a la Frémont)]

Alright, 24 hours to vote on the Governor's amendment.

[RC (a la Frémont)]

As a matter of substance, this does the job. I don't mind giving this an aye vote.

[RC (a la Frémont)]

Amendment adopted 1-0.

I will motion for a final vote, 24 hours to object.

[Mr. Reactionary]

Just want to point out that now the declaration of emergency in the Emergency Act will not be affected by the new amended version of this bill. Therefore perplexingly Lincoln is STILL under a declaration of emergency that will not end until legislation is passed rescinding the phony declaration snuck through in the Emergency Act. Perhaps the other 80% of the Legislature should weigh in on whether or not Lincoln should still be under a declaration of emergency and why this bill shouldnt be the vehicle to end such declaration?

[KaiserDave]

Mr. Reactionary does not understand the letter of the law and his interference is no longer required. I thank the Speaker.

[Mr. Reactionary]

The text of the emergency act is:

A BILL FOR AN ACT
to protect Lincoln and her people from the current civil crisis

BE IT ENACTED BY THE GENERAL COURT RESOLVED.

Section 1, TITLE.
1. The title of this Act shall be, "The Emergency Act."

Section 2, POWERS
1. Lincoln is hereby in a state of emergency, and the Governor and the General Court can take any constitutional measures to keep the peace
2. The Governor of Lincoln is hereby empowered to declare curfew, mobilize and command civil and military defense, regulate commerce and movement by decree
3. The Governor of Lincoln is hereby empowered to control all entry into Lincoln and establish functional control of borders between states and regions
4. The Governor is hereby empowered to take any measures to protect the people, as he deems necessary
5. The Court of Lincoln may only sit so long as the Governor signs off on their proceedings
6. The Governor of Lincoln may submit legislation directly to the General Court


Section 3, REGULATIONS
1. The General Court may revoke these powers at any time by a simple majority vote

The text of your amendment is:

RETURN TO NORMALCY ACT


BE IT ENACTED BY THE GENERAL COURT RESOLVED.

Section 1, TITLE.
1. The title of this Act shall be, "The Return to Normalcy Act"


Section 2, REPEALS
1. The Powers entrusted to the Governor in the Emergency Act (LGC 6.12) are hereby revoked, and all actions taken by the Governor in that period are hereby rescinded

2. The General Court retains power over all measures to act outside of the constitution in a period of crisis.


Section 3, EFFECTIVE DATE
1. This act shall take effect immediately.

So your amendment says the powers entrusted to the governor  in the Emergency Act are revoked. No other changes are made to the Emergency Act in your amendment. That means the text of the Emergency Act will read as follows:

A BILL FOR AN ACT
to protect Lincoln and her people from the current civil crisis

BE IT ENACTED BY THE GENERAL COURT RESOLVED.

Section 1, TITLE.
1. The title of this Act shall be, "The Emergency Act."

Section 2, POWERS
1. Lincoln is hereby in a state of emergency, and the Governor and the General Court can take any constitutional measures to keep the peace
2. The Governor of Lincoln is hereby empowered to declare curfew, mobilize and command civil and military defense, regulate commerce and movement by decree
3. The Governor of Lincoln is hereby empowered to control all entry into Lincoln and establish functional control of borders between states and regions
4. The Governor is hereby empowered to take any measures to protect the people, as he deems necessary
5. The Court of Lincoln may only sit so long as the Governor signs off on their proceedings
6. The Governor of Lincoln may submit legislation directly to the General Court


Section 3, REGULATIONS
1. The General Court may revoke these powers at any time by a simple majority vote

So the declaration of emergency made in the Emergency Act, which is a legislative declaration not an executive declaration, would still be legally in effect until another legislative act rescinds it. That is plainly not done in the amended bill. Again, the cleanest way to resolve that is to just repeal the Emergency Act entirely.

Also curious that the Emergency Act says that the legislature has the power to take "any constitutional measure" but the amended bill here purports that the legislature has the power to take "measures to act outside of the constitution".

[KaiserDave]

Again, not required.