SB 115-17: Repeal of Posse Comitatus Protection Act (Passed)
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  SB 115-17: Repeal of Posse Comitatus Protection Act (Passed)
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Author Topic: SB 115-17: Repeal of Posse Comitatus Protection Act (Passed)  (Read 702 times)
LAKISYLVANIA
Lakigigar
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« on: May 16, 2023, 12:20:04 PM »
« edited: May 22, 2023, 12:28:11 AM by Senator Laki 🇧🇪❤️🇺🇦 »

Quote
REPEAL OF POSSE COMITATUS PROTECTION
1. The following act hereby is immediately repealed

Quote
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.

This is an emergency

Sponsor: Laki
Emergency Slot
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LAKISYLVANIA
Lakigigar
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« Reply #1 on: May 16, 2023, 12:20:21 PM »

Motioning to suspend the rules and proceed to a final vote. 24 hours to object.
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OSR stands with Israel
Computer89
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« Reply #2 on: May 16, 2023, 12:20:45 PM »

Objection
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LAKISYLVANIA
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« Reply #3 on: May 16, 2023, 12:21:09 PM »

A vote to suspend the rules has been initiatied. Senators, please vote aye, nay or abstain.
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OSR stands with Israel
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« Reply #4 on: May 16, 2023, 12:23:34 PM »

Nay


Also since this is a regular bill , this bill has to wait till we clear out all the other bills in the queue are cleared out first
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LAKISYLVANIA
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« Reply #5 on: May 16, 2023, 12:25:51 PM »

Also since this is a regular bill , this bill has to wait till we clear out all the other bills in the queue are cleared out first

It's in the emergency slot and even than there is still a ton of regular slots open.

As far as i know, you're not the PPT.
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PPT Spiral
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« Reply #6 on: May 16, 2023, 12:30:50 PM »

Aye
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LAKISYLVANIA
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« Reply #7 on: May 16, 2023, 12:31:16 PM »

Aye
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West_Midlander
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« Reply #8 on: May 16, 2023, 12:33:33 PM »

Present
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Dr. MB
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« Reply #9 on: May 16, 2023, 12:37:02 PM »

Aye
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The world will shine with light in our nightmare
Just Passion Through
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« Reply #10 on: May 16, 2023, 01:03:44 PM »

Aye and I'll cosponsor even though it won't be enough for the seditionists or the Copperheads.         
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Vice President Christian Man
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« Reply #11 on: May 16, 2023, 01:09:10 PM »

Present
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At-Large Senator LouisvilleThunder
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« Reply #12 on: May 16, 2023, 01:22:37 PM »

Aye
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West_Midlander
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« Reply #13 on: May 16, 2023, 02:18:16 PM »

Switch to Aye
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Adam Griffin
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« Reply #14 on: May 16, 2023, 02:23:40 PM »

Aye
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FT-02 Senator A.F.E. 🇵🇸🤝🇺🇸🤝🇺🇦
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« Reply #15 on: May 16, 2023, 03:55:34 PM »

Aye
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Sirius_
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« Reply #16 on: May 16, 2023, 03:59:35 PM »

Aye
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Kahane's Grave Is A Gender-Neutral Bathroom
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« Reply #17 on: May 16, 2023, 06:01:28 PM »

Aye
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nerd73
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« Reply #18 on: May 16, 2023, 06:08:10 PM »

Aye
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Utah Neolib
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« Reply #19 on: May 16, 2023, 09:37:37 PM »

Aye
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Vice President Christian Man
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« Reply #20 on: May 16, 2023, 09:40:26 PM »

Switching to Aye
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LAKISYLVANIA
Lakigigar
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« Reply #21 on: May 16, 2023, 10:09:26 PM »

This has the votes to pass. Senators have 24 hours to vote or change their vote.
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LAKISYLVANIA
Lakigigar
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« Reply #22 on: May 18, 2023, 01:30:41 AM »

The rules vote has passed with 13-0-1-3.

A final vote is initiated. Senators please, vote Aye, Nay or Abstain.
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LAKISYLVANIA
Lakigigar
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« Reply #23 on: May 18, 2023, 01:30:53 AM »

Aye
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The world will shine with light in our nightmare
Just Passion Through
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« Reply #24 on: May 18, 2023, 01:56:07 AM »

Aye
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