SR 113-24: Judicial Reform Amendment (Passed)

[GM Team Member and Senator WB]

Honestly I find it absolutely childish to write a constitutional amendment to remove the whole bench of the Supreme Court just because a court case as stupid as about Elon Musk's fantasy twitter actions didn't go your way

This was written before the case even started by my knowledge but go off I guess *shrug*

Not a good idea to antagonize the senate over this. The ruling was dumb but I was like, whatever over it. Your behavior the past day however had made me consider this a lot more.

[GM Team Member and Senator WB]

I was going to instead do something different with the legislatures who confirmed these justices having to reconfirm the current ones. For example, PiT in the CoD, but WJ in the Senate. I’ll give some thought on whether I think that idea is better than Wulfric’s.

[GM Team Member and Senator WB]

Senate Resolution

To amend the Constitution to establish term limits for Supreme Court Justices and Associate Justices and clarify the jurisdiction of the Supreme Court.

Be It Resolved in the Atlasian Senate Assembled, that upon ratification by 2/3rds of the Regions, the Constitution shall be amended as follows:

Judicial Reform Amendment

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

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 consecutive years; however no person shall be reappointed to the Supreme Court until at least ninety days have passed since their previous term as Justice or Associate Justice.

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 consecutive years, shall follow a process as follows:expire as follows:

i. The term of the most senior Justice or Associate Justice shall expire automatically upon ratification.

ii. The term of the next most senior Justice or Associate Justice shall expire thirty days after the expiration of the term of the most senior Justice or Associate Justice; and then after every subsequent thirty days the term of the next most senior Justice or Associate Justice shall expire in descending order of seniority until all Justices and Associate Justices on the Supreme Court shall have served for fewer than two consecutive years.[/s]

i. All Justices or Associate Justices who have served for more then two 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.

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; and

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

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.

This Constitutional Amendment establishes a two year renewable term limit for Justices and Associate Justices of the Supreme Court and establishes a staggered process for the expiration of tje 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.

Amendment to do what I was talking about before. I think that having the 90 day period isn't the best idea since if a justice is doing fine and the legislature wants to keep them, they have to either hold the seat open for 3 months, or have some seat-warmer who doesn't actually want the job to go in there for the time. This amendment means that now if a Justice is being lazy, or for some other reason, their regional legislature can vote against reconfirming and put in someone new. 

The only issue that may arise here is that with the current makeup of the court, I believe 4 of 5 justices would be up for reconfirmation at the same time, meaning if there's an ideological wave at that time then they could hold a supermajority of the court before fading away elsewhere, but still have their justices there. If we want to avoid that I'm ok with making the re-confirmations staggered like in the original's expirations.

Since this conflicts with the other 2 amendments, I ask that they be withdrawn, should their authors/sponsors agree with my line of reasoning of course.

[GM Team Member and Senator WB]

Nay on 1, Aye on 2

[GM Team Member and Senator WB]

the main thing I'm looking to do is make it so we can review judge's conduct over 2 years then decide if they should stay or go, not as much make it so there's a whole bunch of new ones. In fact, I think *most* of the court's doing fine right now and would vote to reconfirm most of the justices (though 3 of them are out of my hands so I wouldn't be able to). But having some accountability can't hurt.

[GM Team Member and Senator WB]

the main thing I'm looking to do is make it so we can review judge's conduct over 2 years then decide if they should stay or go, not as much make it so there's a whole bunch of new ones. In fact, I think *most* of the court's doing fine right now and would vote to reconfirm most of the justices (though 3 of them are out of my hands so I wouldn't be able to). But having some accountability can't hurt.

Well I understand you're doing all these efforts to remove me. But in the end, all the decisions that I have written were almost anonymous.


Given the tantrum I faced in the past for making the right decisions, je Louisville etc.

How wouldn't that make the Supreme Court dependent from the senate?


Justice isn't ruling in favor of the mob.

Weatherboy could you please answer me?

I don't see how it doesn't end into some partisan elections the fait every year they would have to be reconfirmed.


I understand for gameplay purposes it could be interesting to have a blatant partisan supreme court
But IS it really what you want?

I was planning on having the reconfirmations be staggered with an amendment. The only issue is mathematically trying to split those reconfirmations to be perfectly spread out is annoying with 24/5 not being a nice fraction.

And this doesn't make it dependent on the Senate. The regional justices are still re-confirmed by the regional legislatures.

[GM Team Member and Senator WB]

In the end, if even PiT is seemingly against this, I don't think we should go forward.

[GM Team Member and Senator WB]

Aye