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+------ Thread: Cabinet Executive Order (/thread-4425.html)
Cabinet Executive Order - Drugged Monkeys - 08-31-2016
Our Charter creates a system of checks and balances, envisioning multiple co-equal branches of government that cannot dominate each other. Central to these tenets is the inability of one person to hold positions of power in branches that are meant to provide checks or balances to each other. The Cabinet is faced with the prospect of this tenet being violated, through holes in our constitutional electoral laws. Because this is such an important part of our democratic system, and we believe our system risks instability without it, we must take the step of invoking our executive authority power to remedy this hole in our laws. This authority is vested in us by Article VI, Section 11 of the Charter: "11. The executive may exercise the collective authority of executive orders, by unanimous consent among the Prime Ministers and Cabinet Ministers. Executive orders may only be issued to address an immediate and pressing issue created by ambiguity or holes in a particular law, which will immediately have the effect of law."
We are unanimous in the following:
No person may hold more than one elected or appointed position, or positions in two or more branches of government, except when explicitly allowed for in the Charter and laws passed by the Assembly.
With this executive order, nobody currently holding a position in the Cabinet, the High Court, or the Local Council may be elected for the open position of Chair of the Assembly, being the leader of the legislative branch of our government, unless a tentative resignation from the current position in case of victory is given. We want to stress that we are not acting as a court interpreting the language of the Charter to somehow find this requirement within it all along, but rather using our executive order authority to address an immediate and pressing issue created by a hole in our electoral laws that allows a basic tenet of separation of powers to go violated.
Pursuant to Article VI, Section 12 of the Charter, this executive order is immediately put on the floor of the Assembly for three days of debate. If the Assembly fails to incorporate this order into law under regular order, then it will expire. To expedite debate and drafting of an incorporating law, the Cabinet recommends amending the Elections Act with the following article:
Quote:...
6. Separation of Powers
(1) No person may hold more than one elected or appointed position, or positions in two or more branches of government, except when explicitly allowed for in the Charter and laws passed by the Assembly.
7. Constitutional Law
(1) The Election Act is a constitutional law, and further amendments to it must meet constitutional amendment requirements.
RE: Cabinet Executive Order - Ryccia - 08-31-2016
This is an obviously needed executive order. I congratulate the Cabinet on their fair judgement and exceptional wisdom, and I will gladly support this order.
RE: Cabinet Executive Order - Omega - 08-31-2016
This will need to be motioned to a vote. I will, as this is a conflict of interest for me, be abstaining from any of this conversation.
RE: Cabinet Executive Order - ProfessorHenn - 08-31-2016
A crucial executive order that should be passed into law as soon as possible to be able to ensure the integrity of the South Pacifican government, in whatever side of NationStates it may take.
Edit: Motion to vote.
RE: Cabinet Executive Order - Imperial Frost Federation - 08-31-2016
Agreed, I also motion to vote.
RE: Cabinet Executive Order - Resentine - 08-31-2016
(08-31-2016, 08:40 PM)Omega Wrote: This will need to be motioned to a vote. I will, as this is a conflict of interest for me, be abstaining from any of this conversation.
Don't really see how it is. If you're running for CoA you literally *cannot* be the Dep CoA if you win.
RE: Cabinet Executive Order - Omega - 08-31-2016
(08-31-2016, 08:59 PM)Resentine Wrote:(08-31-2016, 08:40 PM)Omega Wrote: This will need to be motioned to a vote. I will, as this is a conflict of interest for me, be abstaining from any of this conversation.
Don't really see how it is. If you're running for CoA you literally *cannot* be the Dep CoA if you win.
I'm not DCoA anymore. That office was abolished when Awe's nation CTE'd.
RE: Cabinet Executive Order - Resentine - 08-31-2016
(08-31-2016, 09:10 PM)Omega Wrote:(08-31-2016, 08:59 PM)Resentine Wrote:(08-31-2016, 08:40 PM)Omega Wrote: This will need to be motioned to a vote. I will, as this is a conflict of interest for me, be abstaining from any of this conversation.
Don't really see how it is. If you're running for CoA you literally *cannot* be the Dep CoA if you win.
I'm not DCoA anymore. That office was abolished when Awe's nation CTE'd.
Either Way, still don't see a CoI there.
RE: Cabinet Executive Order - Griffindor - 08-31-2016
Either way, I think we have a motion and a second on this.
RE: Cabinet Executive Order - Omega - 08-31-2016
(08-31-2016, 09:43 PM)Resentine Wrote: Either Way, still don't see a CoI there.
I'm running against two people this directly effects. If it passes it could change the whole election, possibly in my favor. That's why i see it as a CoI