Well, well, well...
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  Well, well, well...
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Author Topic: Well, well, well...  (Read 305 times)
OBD
Junior Chimp
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Ukraine


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« on: August 29, 2022, 12:49:05 AM »



...how the turns table...

Wonder if Spark will change his position on proxies now that his master is LOCKED UP!
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Dr. MB
MB
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Libyan Arab Jamahiriya



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« Reply #1 on: August 29, 2022, 12:58:16 AM »

Are the senators gonna be able to continue serving? I guess it';s not gonna be an issue for Mr. R since his term isn't up for another couple months but hypothetically even if he did want to resign he wouldn't be able to.

DeadPrez on the other hand won't be able to swear in so his seat is gonna go vacant.
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Attorney General, LGC Speaker, and Former PPT Dwarven Dragon
Dwarven Dragon
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E: -1.42, S: -0.52

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« Reply #2 on: August 29, 2022, 01:10:25 AM »

Are the senators gonna be able to continue serving? I guess it';s not gonna be an issue for Mr. R since his term isn't up for another couple months but hypothetically even if he did want to resign he wouldn't be able to.

DeadPrez on the other hand won't be able to swear in so his seat is gonna go vacant.

That might be true if he was under the jurisdiction of Lincoln or the South, but the Fremont (his region) and the Federal Constitutions don't mention anything about this creating a vacancy.

The only thing I see in the Federal Constitution is this incredibly unhelpful line: The officers of the Republic Atlasia, and of the several Regions, shall be bound by Oath of Affirmation to support this Constitution.

Heck, from a certain textualist perspective, one might not even need to take the oath under that line alone - almost seems to say it comes in automatically. It definitely doesn't say a vacancy is ever created.

Fremont is a bit more specific: Prior to assuming office, all officers shall swear the following oath: “I, [A.B.], do solemnly swear (or affirm) that I will faithfully execute the office of [state office name] and will to the best of my ability, preserve, protect and defend the Constitutions of the Commonwealth of Fremont and the Republic of Atlasia.”

But again, nowhere does it say a vacancy is ever created, it just says you can't do the duties of your office until you take the oath.
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Dr. MB
MB
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« Reply #3 on: August 29, 2022, 01:15:18 AM »

Are the senators gonna be able to continue serving? I guess it';s not gonna be an issue for Mr. R since his term isn't up for another couple months but hypothetically even if he did want to resign he wouldn't be able to.

DeadPrez on the other hand won't be able to swear in so his seat is gonna go vacant.

That might be true if he was under the jurisdiction of Lincoln or the South, but the Fremont (his region) and the Federal Constitutions don't mention anything about this creating a vacancy.

The only thing I see in the Federal Constitution is this incredibly unhelpful line: The officers of the Republic Atlasia, and of the several Regions, shall be bound by Oath of Affirmation to support this Constitution.

Heck, from a certain textualist perspective, one might not even need to take the oath under that line alone - almost seems to say it comes in automatically. It definitely doesn't say a vacancy is ever created.

Fremont is a bit more specific: Prior to assuming office, all officers shall swear the following oath: “I, [A.B.], do solemnly swear (or affirm) that I will faithfully execute the office of [state office name] and will to the best of my ability, preserve, protect and defend the Constitutions of the Commonwealth of Fremont and the Republic of Atlasia.”

But again, nowhere does it say a vacancy is ever created, it just says you can't do the duties of your office until you take the oath.
I could've sworn that the seat goes vacant if they don't swear in within 7 days.
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Attorney General, LGC Speaker, and Former PPT Dwarven Dragon
Dwarven Dragon
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Posts: 31,694
United States


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E: -1.42, S: -0.52

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« Reply #4 on: August 29, 2022, 01:29:20 AM »

Are the senators gonna be able to continue serving? I guess it';s not gonna be an issue for Mr. R since his term isn't up for another couple months but hypothetically even if he did want to resign he wouldn't be able to.

DeadPrez on the other hand won't be able to swear in so his seat is gonna go vacant.

That might be true if he was under the jurisdiction of Lincoln or the South, but the Fremont (his region) and the Federal Constitutions don't mention anything about this creating a vacancy.

The only thing I see in the Federal Constitution is this incredibly unhelpful line: The officers of the Republic Atlasia, and of the several Regions, shall be bound by Oath of Affirmation to support this Constitution.

Heck, from a certain textualist perspective, one might not even need to take the oath under that line alone - almost seems to say it comes in automatically. It definitely doesn't say a vacancy is ever created.

Fremont is a bit more specific: Prior to assuming office, all officers shall swear the following oath: “I, [A.B.], do solemnly swear (or affirm) that I will faithfully execute the office of [state office name] and will to the best of my ability, preserve, protect and defend the Constitutions of the Commonwealth of Fremont and the Republic of Atlasia.”

But again, nowhere does it say a vacancy is ever created, it just says you can't do the duties of your office until you take the oath.
I could've sworn that the seat goes vacant if they don't swear in within 7 days.



The only place I've been able to find such a thing is in the South's Constitution, but he's not in the South. Lincoln has an even stronger rule, declaring seats vacant at 72 hours, but that is also unapplicable to him.

I checked the 4th and 5th Constitutions, the old and new Federal Electoral Acts, and the Fremont Constitution, and none have any mention of such a rule that I can see.
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