SB 112-31: Posse Comitatus Protection Act (Passed)

[Mr. Reactionary]

I dont think thats what the rule intends but I will extend the voting period another 12 hours until I close the mules vote to make you happy.

The 6 holdouts have 12 more hours to vote on cloture.

[PPT Spiral]

Nay

[GregTheGreat657]

Aye

[Spark]

Aye

[KoopaDaQuick 🇵🇸]

Aye

[Mr. Reactionary]

3.) Once a piece of legislation has been on the floor for 120 hours, any Senator may motion for a final vote. If no objection is made against such a motion within 24 hours, a final vote shall be opened. If an objection is made, then a vote shall be opened on ending debate. The concurrence of a majority of the Senate shall be required to end debate. Should the Senate vote to end debate, a final vote shall be opened.

This seems to suggest that cloture would require non votes as it does not a majority of those voting, just a majority of the chamber.

So while this has enough votes for cloture regardless, i did some research and at least the last 4 PPTs have interpreted the cloture threshold differently than your interpretation. I wont post every example, but here are just a few from this year:

Cloture vote

AYE: Spark, Devout Centrist, WD, rpryor, DeadPrez, S019, WB (7)
NAY: WM (1)
ABSTAIN:

Debate ends.

By a vote of 9-0-0-9, cloture is invoked.

A final vote is now open on the following legislation:

By a vote of 5-1-2-10, cloture is invoked.

By a vote of 6-2-3-8, cloture is invoked.

By a vote of 8-0-0-10, cloture is invoked

By a vote of 8-7-0-3, cloture is invoked.

By a vote of 8-7-0-3, cloture is invoked.

On invoking cloture:

Aye (7): Crane, Beesley, Kuumo, CalamityBlue, Ishan, Western Democrat, Weatherboy

Nay (6): Mr. R, West Midlander, Muad’dib, DeadPrez, Joseph Cao, North Carolina Yankee

Not voting (5): S019, Tack, Discolovante, Old School Republican, FalterinArc

Cloture is invoked.

Aye (9): Kuumo, Western Democrat, Ishan, West Midlander, MB, Dabbing Santa, DeadPrez, Discolovante, Joseph Cao

Nay (1): S019

Abstain (2): Pericles, Muad’dib 

Not voting (6): North Carolina Yankee, Tack, Old School Republican, Spark, CentristRepublican, OBD

Cloture is invoked.

[Mr. Reactionary]

By a vote of 10-5-0-3 cloture is met.

So again, final vote is now open for 72 hours.

[Mr. Reactionary]

Aye.

[WD]

There are amendments that have not been voted on.

[Mr. Reactionary]

Once a piece of legislation has been on the floor for 120 hours, any Senator may motion for a final vote. If no objection is made against such a motion within 24 hours, a final vote shall be opened. If an objection is made, then a vote shall be opened on ending debate. The concurrence of a majority of the Senate shall be required to end debate. Should the Senate vote to end debate, a final vote shall be opened.

I motion for a final vote.

Objection

8. 10 U.S.C. 251 -  253 and 10 U.S.C. 275 are hereby repealed and replaced by this act.

Motion for a final vote was made at 11:34 PM Eastern.

Objection was made at 12:16 Eastern.

This automatically triggers the cloture vote per your rules that you wrote this year.

The first S019 stall amendment was made at 12:18 Eastern, after the cloture vote became mandatory (shall) under the rules. First in time, first in right.

The cloture vote was conducted and 10 of 18 senators (a majority by any interpretation) voted to end debate and immediately proceed to a final vote.

So the rules demand we have a final vote now. Again, shall is mandatory. I have no say in the matter. Please vote aye, nay, or abstain.

[Joseph Cao]

There are amendments that have not been voted on.

Amendments that came after the cloture motion in the queue. Cloture's been invoked, they're not relevant anymore.

You were PPT for as long as I was, you know perfectly well how the job works and how the paper is supposed to be pushed, and you wrote the rules change that governs this specific part of the OSPR. Feigned ignorance doesn't become you.

[West_Midlander]

Aye.

[Utah Neolib]

Aye

[Devout Centrist]

Nay

[KoopaDaQuick 🇵🇸]

Aye

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Aye

[Spark]

Aye

[Spark]

Aye

[PPT Spiral]

Nay

[Southern Senator North Carolina Yankee]

Aye

[WD]

Nay

[S019]

Nay

[OSR stands with Israel]

Aye

[Mr. Reactionary]

Bill passes 8-4-0-6.

[Mr. Reactionary]

SENATE BILL

To reduce abuse of power by the executive branch in the use of military force

Be it Enacted in the Atlasian Senate Assembled,

POSSE COMITATUS PROTECTION ACT

1. No activity, including the provision of any equipment or facility or the assignment or detail of any personnel, shall include or permit direct participation by a member of the Army, Navy, Air Force, Marine Corps, Space Force, or other federal armed forces in a search, seizure, arrest, or other similar activity or general police power, unless participation in such activity by such member is otherwise expressly authorized by law. For purposes of this section, other federal armed forces includes but is not limited to the National Guard when under federal chain of command. For purposes of this section, other similar activity or general police power, includes but is not limited to the enforcement of any drug law, the enforcement of any quarantine, mass vaccination, or mass incarceration of citizens or lawfully present aliens, or the performance or facilitation of any abortion; however the performance of border patrol activities or the detainment of unlawfully present aliens shall not be prohibited, pursuant to law.

2a. Whenever there is an insurrection in any Region against its government or the government of a State or locality therein, the President may, upon the request of the Governor of the Region concerned, call into Federal service such of the militia of the other Regions or States, in the number requested by the Governor of the Region concerned, and use such of the armed forces, as the President considers necessary to suppress the insurrection.

2b. The President may not invoke the authority under this section unless the President, the Secretary of State, and the Attorney General certify to the Senate that the Governor of the Region concerned has requested the aid described to suppress an insurrection. Such authority shall lapse within ten (10) days unless an extension is approved by a majority vote of the whole Senate. The President shall not be permitted to redeploy armed forces under this section after this ten (10) day period against the same insurrection without prior approval by a majority vote of the whole Senate.

3a. Whenever violent obstructions, combinations, or assemblages, or rebellion against the authority of Atlasia, make it impracticable to enforce the laws of Atlasia in any State by the ordinary course of judicial proceedings, and the Governor of the Region in which such State is located requests aid in or expressly refuses to disperse or desist such violent obstructions, combinations, or assemblages, or rebellion, the President may call into Federal service such of the militia of any other State or Region, and use such of the armed forces, as the President considers necessary to enforce those laws or to suppress the rebellion.

3b. The President may not invoke the authority under this section unless the President, the Secretary of State, and the Attorney General certify to the Senate that the Region in which the State concerned is located has requested such aid or is unable or unwilling to suppress the violent obstruction, combination, or assemblage, or rebellion against the authority of Atlasia. A certification under this paragraph shall include:

i. A description of the circumstances necessitating the invocation of the authority under this section.

ii. Demonstrable evidence that the Region concerned has requested aid or is unable or unwilling to suppress such unlawful obstruction, combination, or assemblage, or rebellion against the authority of Atlasia, and a legal justification for resorting to the authority under this section to so suppress.

iii. A description of the mission, scope, and duration of use of members of the armed forces under this section.

3c. Such authority, when at the request of the Governor of the Region concerned, shall lapse within ten (10) days unless an extension is approved by a majority vote of the whole Senate. The President shall not be permitted to deploy armed forces under this section without the request of the Governor of the Region concerned or redeploy armed forces under this section after this ten (10) day period against the same violent obstruction, combination, or assemblage, or rebellion, without prior approval by a majority vote of the whole Senate.

3d. A Region that has lawfully seceded or exercised its authority pursuant to the laws of Atlasia shall not be considered a violent obstruction, combination, or assemblage, or rebellion under this act.

4.The President, in every possible instance, shall consult with the Senate before invoking the authority under this act. Correspondingly, any request by the President to the Senate made pursuant to this act shall be expeditiously considered by the Senate, and shall immediately come to the floor for debate and vote regardless of if there are any empty legislative slots available at the time of the request.

5. Notwithstanding, and without prejudice to, any other provision of law, any individual or entity, including a Regional, State, or local government, that is injured by, or has a credible fear of injury from, the use of members of the armed forces under this act may bring a civil action for declaratory or injunctive relief to the Supreme Court. In any action under this section, the Supreme Court shall have jurisdiction to decide any question of law or fact arising under this act, including challenges to the legal basis for members of the armed forces to be acting under this act. It shall be the duty of the Supreme Court to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section.

6. The President may not avoid any of the provisions of this act by authorizing the militia or armed forces of a Region to enter into the territory of another Region, without the request of the Governor of such other Region, outside of the federal chain of command. Any such authorization shall be considered an activity or deployment subject to the provisions of this act.

7. The National Guard of Nyman shall be subject to the command of the government thereof to the same extent as any other State.

8. 10 U.S.C. 251 -  253 and 10 U.S.C. 275 are hereby repealed and replaced by this act.

9. This act shall take effect immediately.

Passed 8-4-0-6 in the Atlasian Senate Assembled.

- R, PPT.