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RC9 Status(#85), posted by Art Verbotten, [IP Hidden], August 31, 2005 - 01:16. Viewed 1011 times.
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Art Verbotten
Group: citizens
(850 posts total)
(last post: March 14, 2008 - 13:16)
Citizen #19:
Art Verbotten		Hello All.
Justice Verbotten here answering some questions about the perpetual legislation machine that is RC9.

Questions posed by Miestra for decision:

1.Whether the Speaker's ruling that "until a bill is assented, the sponsor of a bill may withdraw it at any moment" is correct under the Constitution of this Republic.

Justice Verbotten’s response:
Yes. Now here is how I got there along with some pontification from a experienced legislator, ME.

First let’s back up for a moment.
RC9 was presented to me to determine constitutionality after it was on the president’s desk for his nay or yay. While hunting around that little constitution we wrote I found an interesting nugget about just such a thing. It says that before a bill can be submitted it must be scrutinized first as is stated in Cons. Article 3.11B which reads:

B) The Ministers of the Republic shall submit to the Government for prior deliberation and resolution all drafts of any bills determining or affecting Government policy which they wish to propose to Parlamînt.

This seems to be that “pre-screening of bills thing” I sort of bitched about not happening with RC9. This and any other bills should be proof read and submitted for legality BEFORE they are published.
Now, we will assume this was done internally in the House of Deputies (HOD) given the advanced stage this bill was in when I became aware of it.

I then defer to Article 2.21 which gives both Houses (Senate and HOD) the right to set up there own internal rules to govern how they handle legislation. It reads:

21. Each House is sovereign in the conduct of its business. Each House shall conduct its business in accordance with its own Standing Orders, which shall be adopted by majority vote of that House and made public. Standing Orders may include a quorum for any decisions of either House.

This tells me that house rules, while sanctioned by the constitution, are not constitutional laws themselves, and not subject to my scrutiny unless they are cited as violating the constitution. These house rules need to agreeable and flexible.

I also believe that given the newness of this body of deputies, it is within the spirit of our constitution to allow the speaker of the house to create some basic guidelines for this House to follow until it can debate and vote on some agreeable house rules. I also strongly urge the House of Deputies to adopt a quorum on legislative votes that requires at least ½ of the voting body to have cast ballots before a bill can even be considered for assent.

Had any of the above been taken care of before this time we would not be discussing RC9 right now.

I have more if this does not satisfy, but it is late and I must call it a night for now people.



The Honorable Art Verbotten


"Some mornings it's just not worth chewing through the leather restraints." --E P
RC9 StatusArt VerbottenAugust 31, 2005 - 01:16
Justice dal NavâAugust 31, 2005 - 04:45
Parent message
  • RC9 Status
    		• Art VerbottenAugust 31, 2005 - 01:16
    Point of Information, Herr Justice...(#86), posted by Justice dal Navâ, [IP Hidden], August 31, 2005 - 04:45. Viewed 1009 times.
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    Justice dal Navâ
    Group: admins
    (5222 posts total)
    (last post: March 14, 2008 - 13:43)
    Citizen #19:
    Art Verbotten    		> Now, we will assume this was done internally in the House of Deputies (HOD) given the advanced stage this bill was in when I became aware of it.

    Chamber. It's Chamber of Deputies.


    ________________________
    Chirischtôval Curt Cavéir,
    President of the Republic of Talossa
    Minister of Information
    Minister of Defence
    Board of l'Icastolâ: Keeping el Glheþ safe, legal, and free since Twenty-Aught-Five

    caramidâ és eic'hán
    None of your business.
    Art VerbottenAugust 31, 2005 - 22:26
    Parent message
    Justice dal NavâAugust 31, 2005 - 04:45
    RE: Point of Information, Herr Justice...(#87), posted by Art Verbotten, [IP Hidden], August 31, 2005 - 22:26. Viewed 1062 times.
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    Art Verbotten
    Group: citizens
    (850 posts total)
    (last post: March 14, 2008 - 13:16)
    Citizen #19:
    Art Verbotten    		Dammit all.
    Chambers, chambers, chambers, chambers, chambers, Marilyn Chambers.

    My deepest apologies Mr. President.
    I was a bit tired when I drafted the ruling.

    I've spent the past few days doing real life work in the judicial system for the city of Milwaukee as a juror. Because of this I've had to juggle a few things and my evening schedule has been full.

    BTW-JJ says hi. I met him briefly on Monday on my break.
    He works down the hall from the jury management office at the Courthouse.



    Eif

    The Honorable Art Verbotten


    "Some mornings it's just not worth chewing through the leather restraints." --E P
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