SR 113-24: Judicial Reform Amendment (Passed)
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  SR 113-24: Judicial Reform Amendment (Passed)
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Author Topic: SR 113-24: Judicial Reform Amendment (Passed)  (Read 3619 times)
At-Large Senator LouisvilleThunder
LouisvilleThunder
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« Reply #150 on: February 19, 2023, 08:34:02 AM »

Windjammer, why did you vote for Laki for VP, who is scheming to force you off the Court?
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windjammer
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« Reply #151 on: February 19, 2023, 08:40:02 AM »

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I do think Mr. R has a point in that it isn't fun if someone can hold a position in the game for practically their entire life. Biennial confirmation hearings would theoretically give people or senators the option to experience confirmation hearings and do them again, every two year, just to confirm whether they still support the judge.

Why should that be even necessary? If really a justice is problematic he can already be removed.


Quote
Your argument of judges needing to be impartial doesn't make sense, because when a judge has to be confirmed for the first time, they also require a confirmation hearing over a senate that is partisan. Judges are by definition partisan, you're practically campaigning for one side in the game, which is ok and allowed, because at the end that is a game, but allow people to have a way to replace people if they feel the need to do so

In the end, believe me or not the supreme court is impartial.

For example, the supreme court made sure Louisville would be entitled to a fair trial even if 4 justices of the 5 didn't vote for him for president.

With the supreme court in the future going to be even more dependent to the senate. It's obvious that the impartiality of this body would severely damaged. This isn't the definition of justice that Louisville's opponents end up choosing the judge for his own trial.


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If as you claim no-one would be interested to replace you, people would also not be keen on voting to not reconfirm you. If you make your case, you probably would be reconfirmed. People have a say in who their judges will be by sending representatives of their beliefs into the senate who can represent them during confirmation hearings. That's how a democracy works.

For the record, every supreme court nomination I have to deal with it was always messy to find a candidate. You can ask your running mate about how difficult it was for him to find a candidate.

I'm basing that on my experience with dealing with that.

Justice is about delivering justice. It's not about sentencing to death because the majority wants to do so. Look at all the problems with the current US system where there were a ton of black people who ended up being sentenced to death in the south while they were innocent.


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Biennial confirmation hearings mean that if reconfirmed you hold the position for another two years, any other office you can hold for at most four months or until recalled by another administration. Not having to worry for your position for two years will maintain the independent nature of the courts.
Why would that be even necessary to do that?

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windjammer
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« Reply #152 on: February 19, 2023, 08:41:33 AM »

Windjammer, why did you vote for Laki for VP, who is scheming to force you off the Court?

Well technically as VP he couldn't vote anymore in the senate Tongue.

More seriously, while I strongly disagree with his view on this legislation. I think he would be a fine VP and more importantly willing to be active.
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West_Midlander
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« Reply #153 on: February 19, 2023, 08:48:37 AM »

Windjammer, why did you vote for Laki for VP, who is scheming to force you off the Court?

Well technically as VP he couldn't vote anymore in the senate Tongue.


Seems like a situation like when TR was made running mate to get him out of office/to get rid of him as Governor of NY.
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windjammer
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« Reply #154 on: February 19, 2023, 08:50:52 AM »

Windjammer, why did you vote for Laki for VP, who is scheming to force you off the Court?

Well technically as VP he couldn't vote anymore in the senate Tongue.


Seems like a situation like when TR was made running mate to get him out of office/to get rid of him as Governor of NY.

Who is TR? Tongue
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West_Midlander
Junior Chimp
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« Reply #155 on: February 19, 2023, 08:56:38 AM »

Windjammer, why did you vote for Laki for VP, who is scheming to force you off the Court?

Well technically as VP he couldn't vote anymore in the senate Tongue.


Seems like a situation like when TR was made running mate to get him out of office/to get rid of him as Governor of NY.

Who is TR? Tongue

Teddy Roosevelt. Pre-2003 is still canon, right?
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windjammer
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« Reply #156 on: February 19, 2023, 09:02:29 AM »

Windjammer, why did you vote for Laki for VP, who is scheming to force you off the Court?

Well technically as VP he couldn't vote anymore in the senate Tongue.


Seems like a situation like when TR was made running mate to get him out of office/to get rid of him as Governor of NY.

Who is TR? Tongue

Teddy Roosevelt. Pre-2003 is still canon, right?
Honestly I don't know anything about him.

Can you explain?
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Liminal Trans Girl
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« Reply #157 on: February 19, 2023, 11:30:15 AM »

Windjammer, why did you vote for Laki for VP, who is scheming to force you off the Court?

Well technically as VP he couldn't vote anymore in the senate Tongue.


Seems like a situation like when TR was made running mate to get him out of office/to get rid of him as Governor of NY.

Who is TR? Tongue

Teddy Roosevelt. Pre-2003 is still canon, right?
Honestly I don't know anything about him.

Can you explain?

The President was William McKinley and a bunch of people made a scheme to get Teddy on the ticket because back then the VP was an unimportant job and he was a reformer. Lo and Behold McKinley gets assassinated and Teddy gets the top job.
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Mr. Reactionary
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« Reply #158 on: February 19, 2023, 12:11:10 PM »

Quite honestly, Mr. Reactionary, I supported this amendment, but the fact is, a good legislative leader knows when to admit defeat on a bill. That you have refused to do so, and are refusing to acknowledge a motion to table that almost certainly would pass, is disturbing.

Motions to table require a 2nd. No second was made.

Quote
1.) Any Senator can, during a period of debate, with the support of one other Senator, introduce a motion to table the legislation.

I accept your apology.
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Mr. Reactionary
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« Reply #159 on: February 19, 2023, 12:14:41 PM »

Ok, amendment and objection acknowledged. Itll be in the queue once a few other votes close.
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NewYorkExpress
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« Reply #160 on: February 19, 2023, 12:36:38 PM »

Quite honestly, Mr. Reactionary, I supported this amendment, but the fact is, a good legislative leader knows when to admit defeat on a bill. That you have refused to do so, and are refusing to acknowledge a motion to table that almost certainly would pass, is disturbing.

Motions to table require a 2nd. No second was made.

Quote
1.) Any Senator can, during a period of debate, with the support of one other Senator, introduce a motion to table the legislation.

I accept your apology.

Obviously that section of Senate rules should be changed.

But yes, I was wrong. The legislation still should be tabled though. It's clearly not going to pass in any form.
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West_Midlander
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« Reply #161 on: February 21, 2023, 07:55:52 AM »


Withdrawn
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windjammer
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« Reply #162 on: February 21, 2023, 05:31:39 PM »

Truly Wonder what the rules say if an objection is first acknowledged bit then withdrawn
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Mr. Reactionary
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« Reply #163 on: February 25, 2023, 11:40:52 AM »

Laki amendment adopted.

Proposed amendment. 24 hours


Quote
Judicial Reform Amendment

The following additions, deletions, and changes are to be incorporated under Article V of the Fifth Constitution:


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Section 1. The Judiciary.

1. The judicial power of the Republic of Atlasia shall be vested in the Supreme Court, the membership of which shall consist of two Justices and three Associate Justices chosen in the following manner:

i. The Justices of the Supreme Court shall be nominated by the President of the Republic of Atlasia and confirmed by a majority vote of the Senate.

ii. The chief executive officer of each of the several Regions shall nominate from among their constituents a candidate for Associate Justice. Upon the assent of a majority of the legislative power thereof, the nomination shall proceed to the President. If they the President approves of the nomination they should the President shall grant their Assent and the nominee shall assume the office of Associate Justice; but if they should the President disapproves they should the President shall veto it and the nomination will be annulled. If then two thirds of the Senate should vote to override the President's veto, the nominee shall take office regardless of the opinion of the President.

2. The Justices and Associate Justices thus chosen shall hold their offices for life in good behavior for a renewable term of two four consecutive years;.

3. The President shall designate a Chief Justice from among the appointed Justices, who shall continue in that capacity until such time as they shall resign the designation, or else cease to be a member of the Supreme Court.

4. The term for any Supreme Court Justice or Associate Justice that, at the time this amendment is ratified, exceeds two four consecutive years, shall follow a process as follows:

i. Ninety days after the ratification of this amendment,all Justices or Associate Justices who have served for more then two four consecutive years shall be placed before their respective confirming legislative bodies for re-confirmation to a new 2-year term. The Associate Justice from the South shall be placed before the Southern Chamber of Delegates or similar Southern Regional legislature, the Associate Justice from Lincoln shall be placed before the Lincoln General Court or similar Lincolnite Regional legislature, the Associate Justice from Fremont shall be placed before the Fremont Parliament or similar Fremonter Regional legislature, and the At-large Justices shall be placed before the Senate. Should they fail to be re-confirmed, a new justice must be selected by the means outlined in Section 1, Subsection 1 of Article V of the Constitution. vacate their seat, in order of seniority every ninety days. No such justice shall be eligible for reappointment until one hundred twenty days have elapsed since having vacated their seat.



Section 2. Regional Courts

The judicial power of each of the several Regions shall be vested in a Circuit Court composed of the Associate Justice chosen from that Region, and no Region shall establish any other court or judicial authority to hear a case with original jurisdiction lying with the Supreme Court.

Section 3. Jurisdiction.

1. The original and mandatory jurisdiction of the Supreme Court shall extend to :

i. all actual cases, in law and equity, arising under this Constitution and all official acts made under its authority;

ii. to all cases affecting ambassadors and other public ministers; and

iii. to all cases of admiralty and maritime jurisdiction.

2. The appellate, concurrent, and discretionary jurisdiction of the Supreme Court shall, as permitted by law, extend to controveries:

i. to controversies to which this Republic shall be a party;

ii. to controversies between two or more Regions, or between a Region and citizens of another Region;

iii. between citizens of different Regions;

iv. between citizens of the same Region claiming lands under grants of different Regions;

v. between a Region, or the citizens thereof, and foreign States, citizens, or subjects; and

vi. to which an NPC unrepresented by a player shall be a party.

2.3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the Region where the said crimes shall have been committed; but when not committed within any Region, the trial shall be at such place or places as the Senate may by law have directed.

Quote from: Amendment Explanation
This Constitutional Amendment establishes a two four year term limit for Justices and Associate Justices of the Supreme Court and establishes a staggered process for the expiration of the terms of existing Justices and Associate Justices who already exceed the term limit. This Constitutional Amendment also clarifies the jurisdiction of the Supreme Court by identifying which cases and controversies the Supreme Court must hear and which they may, by discretion, hear.
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Mr. Reactionary
blackraisin
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« Reply #164 on: February 26, 2023, 11:43:17 AM »

Amendment adopted. I move for a final vote to wrap this up and clear the queue for next session. 24 hrs to object.
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Joseph Cao
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« Reply #165 on: February 26, 2023, 10:39:33 PM »

Quite honestly, Mr. Reactionary, I supported this amendment, but the fact is, a good legislative leader knows when to admit defeat on a bill. That you have refused to do so, and are refusing to acknowledge a motion to table that almost certainly would pass, is disturbing.

Motions to table require a 2nd. No second was made.

Quote
1.) Any Senator can, during a period of debate, with the support of one other Senator, introduce a motion to table the legislation.

I accept your apology.

Obviously that section of Senate rules should be changed.

I think many of us have far too fresh memories of when certain Senators decided to motion to table anything that moved last year to do that. No real need to increase the incentive for obstructionist behavior.
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Mr. Reactionary
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« Reply #166 on: February 27, 2023, 11:45:47 AM »

Final vote is now open until Friday morning eastern or until everyone has voted.
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West_Midlander
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« Reply #167 on: February 27, 2023, 11:50:19 AM »

Aye
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PPT Spiral
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« Reply #168 on: February 27, 2023, 11:55:37 AM »

Nay
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At-Large Senator LouisvilleThunder
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« Reply #169 on: February 27, 2023, 12:17:01 PM »

Aye
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fhtagn
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« Reply #170 on: February 27, 2023, 12:38:31 PM »

Aye
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GM Team Member and Senator WB
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« Reply #171 on: February 27, 2023, 12:39:44 PM »

Aye
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SevenEleven
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« Reply #172 on: February 27, 2023, 05:08:06 PM »

Nay.
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LAKISYLVANIA
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« Reply #173 on: February 27, 2023, 06:15:58 PM »

Aye
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Utah Neolib
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« Reply #174 on: February 27, 2023, 11:05:31 PM »

Aye
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