America: Write Your Own History

mrrandomplayer said:
I agree that the 20 years ban might be too radical, so I will reduce it to 8 years, to prevent it from retaking power in the immediate political vacuum.

Here is the amended version, adding the last amendment I made and incorporating Linz's bill.

Trevisan Recovery Bill
Section 1
All parties to the political or economic left of the Trotskyists shall be banned from existing until Janurary 1, 1941.
Subsection A. This shall be determined by a nonpartisan committee of citizens selected in a similar way to jury duty, ensuring that inherently biased citizens are not selected.
Subsection B. Between December 1st, 1940 and January 1st, 1941, Congress shall decide on whether to continue this ban and for how long, with this clause included. If it is discontinued, Section 1 of this bill shall be amended to state "no political parties may be banned by national, state, or local governments, unless they have been proven to endorse and execute treason against the United States Government."
Section 2
All prisoners imprisoned by national laws passed during Browder's or Foster's administration or abuse of already existing laws during that administration shall be freed.
Subsection A. Abuse of laws during the past two terms shall be investigated by a special senatorial committee and any abuses will be added to the list of charges in Section 3.
Section 3
President Foster, President Browder, and all national level communist leaders and supreme court justices during their terms shall be tried by the Senate for Violation of the 1st Amendment, Violation of the 4th Amendment, Suspension of Habeas Corpus, multiple charges of Murder, lying to the general public about government affairs, and suspension of democratic principles, among any others raised during investigation.
Subsection A. Supreme Court members charged for these crimes will be temporarily replaced by new presidential appointees approved by Congress, and they will permanently assume Supreme Court membership if their respective accused are found guilty.
Section 4
At least two parties with significantly politically or economically opposed views must run during each election.
Subsection A. This shall be determined by a nonpartisan committee of citizens selected in a similar way to jury duty, ensuring that inherently biased citizens are not selected.
Section 5
The government cannot forcefully seize or purchase privately owned lands, unless it is for the purpose of constructing internal improvements, where the owner will be fully reimbursed, or temporarily for the purposes of criminal investigation.
Section 6
The death penalty is unconditionally banned in all states and territories.
Section 7
Congress shall have the power to enforce this bill with appropriate legislation.
Section 8
All bills in conflict with this bill are declared null and void.
Click to expand...
I respect your additions, but I must disagree. I, however, will edit my proposal as yours incorporates some admirable ideas:

USA Recovery Amendment:

Section 1:
A reconciliation and compensatory commission, hereby established as the "Grievances and Reconciliation Council" will be given the responsibilities of determining, adjudicating, and reconciling actions of the Foster and Browder administrations. This council will give full amnesty to those who willingly confess their crimes to the council, express sorrow, and serve the community for no less than 400 hours. The list of those who will be granted amnesty excludes former President Foster and current President Browder, along with the Justices of the Supreme Court, USSA Congressional members, all members of the military above the rank of Colonel, and all governors, legislatures, and judicial members of the states. These individuals will be subject to investigation and prosecution. All prisoners imprisoned by national laws passed during Browder's or Foster's administration or abuse of already existing laws during that administration shall be freed.

Section 2:
The right of a citizen to private property will not be infringed; If private property is need for a public works project, the citizen is entitled to full compensation at market value for the property and further legal discourse. Private property may be temporarily seized for a period of 30 days in order to conduct criminal investigation. In this case, a warrant is needed for the seizure of property. A warrant may be renewed by a judge every 30 days for property under the value of $1000. All property above $1000 require a grand jury and a judge's consent in order to renew a warrant

Section 3:
The Constitution, as a legal framework and protection of rights, may never be suspended at any point during peace or war nor may any single part be suspended at any point. The writ of Habeas Corpus can only be suspended for 30 days with a 3/4 majority from both parts of Congress necessary for an extension.

Section 4:
The death penalty cannot be used as a weapon by the Federal government as a means of suppressing protests or rebellion. The death penalty is unconditionally banned in all states and territories.

Section 5:
No political party may be banned, no matter how radical its views. The legislation and actions of its government, however, are subject to the Constitution of the United States and all amendments therein. Any political party that support, endorses, and/or finances attacks on the United States' government, states' governments, and/or territorial governments will be banned on the grounds of supporting and/or financing terrorist activities. No political party may be banned for ideology.

Section 6:
At least two parties with significantly politically or economically opposed views must run during each election.

Section 7:
Congress shall have the power to enforce this bill with appropriate legislation.

Section 8:
All bills in conflict with this bill are declared null and void.
 
TheNoob said:
I don't think there will be a single country at peace with the Nazis rising up and the whole American war

Great fun
Click to expand...

i did nazi this coming, anne frankly you are probably right about a world war happening

OOC: I love your new avatar
 
Grifguz said:
I respect your additions, but I must disagree. I, however, will edit my proposal as yours incorporates some admirable ideas:

USA Recovery Amendment:

Section 1:
A reconciliation and compensatory commission, hereby established as the "Grievances and Reconciliation Council" will be given the responsibilities of determining, adjudicating, and reconciling actions of the Foster and Browder administrations. This council will give full amnesty to those who willingly confess their crimes to the council, express sorrow, and serve the community for no less than 400 hours. The list of those who will be granted amnesty excludes former President Foster and current President Browder, along with the Justices of the Supreme Court, USSA Congressional members, all members of the military above the rank of Colonel, and all governors, legislatures, and judicial members of the states. These individuals will be subject to investigation and prosecution.

Section 2:
The right of a citizen to private property will not be infringed; If private property is need for a public works project, the citizen is entitled to full compensation at market value for the property and further legal discourse. Private property may be temporarily seized for a period of 30 days in order to conduct criminal investigation. In this case, a warrant is needed for the seizure of property. A warrant may be renewed by a judge every 30 days for property under the value of $1000. All property above $1000 require a grand jury and a judge's consent in order to renew a warrant

Section 3:
The Constitution, as a legal framework and protection of rights, may never be suspended at any point during peace or war nor may any single part be suspended at any point. The writ of Habeas Corpus can only be suspended for 30 days with a 3/4 majority from both parts of Congress necessary for an extension.

Section 4:
The death penalty cannot be used as a weapon by the Federal government as a means of suppressing protests or rebellion. The death penalty is unconditionally banned in all states and territories.

Section 5:
No political party may be banned, no matter how radical its views. The legislation and actions of its government, however, are subject to the Constitution of the United States and all amendments therein. Any political party that support, endorses, and/or finances attacks on the United States' government, states' governments, and/or territorial governments will be banned on the grounds of supporting and/or financing terrorist activities. No political party may be banned for ideology.

Section 6:
At least two parties with significantly politically or economically opposed views must run during each election.

Section 7:
Congress shall have the power to enforce this bill with appropriate legislation.

Section 8:
All bills in conflict with this bill are declared null and void.
Click to expand...

I have no real problem except for the last half of section 4. I think we should allow each state to decide whether or not to ban the death penalty in said state.
 
Moai_Spammer said:
i did nazi this coming, anne frankly you are probably right about a world war happening

OOC: I love your new avatar
Click to expand...
Oh dear those jokes were Hitlerious! Also, I hope South Africa will just stay fighting the CDA

OOC: Lol so do I. I have a crush on Jensen :p
 
Lord Bigfoot said:
I have no real problem except for the last half of section 4. I think we should allow each state to decide whether or not to ban the death penalty in said state.
Click to expand...
Noted, I will be polling the respected committee here and will amend accordingly.
 
Grifguz said:
I respect your additions, but I must disagree. I, however, will edit my proposal as yours incorporates some admirable ideas:

USA Recovery Amendment:

Section 1:
A reconciliation and compensatory commission, hereby established as the "Grievances and Reconciliation Council" will be given the responsibilities of determining, adjudicating, and reconciling actions of the Foster and Browder administrations. This council will give full amnesty to those who willingly confess their crimes to the council, express sorrow, and serve the community for no less than 400 hours. The list of those who will be granted amnesty excludes former President Foster and current President Browder, along with the Justices of the Supreme Court, USSA Congressional members, all members of the military above the rank of Colonel, and all governors, legislatures, and judicial members of the states. These individuals will be subject to investigation and prosecution.

Section 2:
The right of a citizen to private property will not be infringed; If private property is need for a public works project, the citizen is entitled to full compensation at market value for the property and further legal discourse. Private property may be temporarily seized for a period of 30 days in order to conduct criminal investigation. In this case, a warrant is needed for the seizure of property. A warrant may be renewed by a judge every 30 days for property under the value of $1000. All property above $1000 require a grand jury and a judge's consent in order to renew a warrant

Section 3:
The Constitution, as a legal framework and protection of rights, may never be suspended at any point during peace or war nor may any single part be suspended at any point. The writ of Habeas Corpus can only be suspended for 30 days with a 3/4 majority from both parts of Congress necessary for an extension.

Section 4:
The death penalty cannot be used as a weapon by the Federal government as a means of suppressing protests or rebellion. The death penalty is unconditionally banned in all states and territories.

Section 5:
No political party may be banned, no matter how radical its views. The legislation and actions of its government, however, are subject to the Constitution of the United States and all amendments therein. Any political party that support, endorses, and/or finances attacks on the United States' government, states' governments, and/or territorial governments will be banned on the grounds of supporting and/or financing terrorist activities. No political party may be banned for ideology.

Section 6:
At least two parties with significantly politically or economically opposed views must run during each election.

Section 7:
Congress shall have the power to enforce this bill with appropriate legislation.

Section 8:
All bills in conflict with this bill are declared null and void.
Click to expand...

mrrandomplayer said:
I agree that the 20 years ban might be too radical, so I will reduce it to 8 years, to prevent it from retaking power in the immediate political vacuum.

Here is the amended version, adding the last amendment I made and incorporating Linz's bill.

Trevisan Recovery Bill
Section 1
All parties to the political or economic left of the Trotskyists shall be banned from existing until Janurary 1, 1941.
Subsection A. This shall be determined by a nonpartisan committee of citizens selected in a similar way to jury duty, ensuring that inherently biased citizens are not selected.
Subsection B. Between December 1st, 1940 and January 1st, 1941, Congress shall decide on whether to continue this ban and for how long, with this clause included. If it is discontinued, Section 1 of this bill shall be amended to state "no political parties may be banned by national, state, or local governments, unless they have been proven to endorse and execute treason against the United States Government."
Section 2
All prisoners imprisoned by national laws passed during Browder's or Foster's administration or abuse of already existing laws during that administration shall be freed.
Subsection A. Abuse of laws during the past two terms shall be investigated by a special senatorial committee and any abuses will be added to the list of charges in Section 3.
Section 3
President Foster, President Browder, and all national level communist leaders and supreme court justices during their terms shall be tried by the Senate for Violation of the 1st Amendment, Violation of the 4th Amendment, Suspension of Habeas Corpus, multiple charges of Murder, lying to the general public about government affairs, and suspension of democratic principles, among any others raised during investigation.
Subsection A. Supreme Court members charged for these crimes will be temporarily replaced by new presidential appointees approved by Congress, and they will permanently assume Supreme Court membership if their respective accused are found guilty.
Section 4
At least two parties with significantly politically or economically opposed views must run during each election.
Subsection A. This shall be determined by a nonpartisan committee of citizens selected in a similar way to jury duty, ensuring that inherently biased citizens are not selected.
Section 5
The government cannot forcefully seize or purchase privately owned lands, unless it is for the purpose of constructing internal improvements, where the owner will be fully reimbursed, or temporarily for the purposes of criminal investigation.
Section 6
The death penalty is unconditionally banned in all states and territories.
Section 7
Congress shall have the power to enforce this bill with appropriate legislation.
Section 8
All bills in conflict with this bill are declared null and void.
Click to expand...

I see you two cannot agree on the communist ban. May I suggest a compromise?

Compromise:
The Communist party not be outright banned, but be barred from holding:
-a majority in either House of Congress,
-President
-Vice President
-Secretary of State
-President Pro Tempore
-Speaker of the House

This still allows the Communist party to have a say in the government, (Such as in the Linz Plan)
meanwhile limiting their power to influence major decisions. (Such as in the Trvisian Plan)
 
baseballpie said:
I see you two cannot agree on the communist ban. May I suggest a compromise?

Compromise:
The Communist party not be outright banned, but be barred from holding:
-a majority in either House of Congress,
-President
-Vice President
-Secretary of State
-President Pro Tempore
-Speaker of the House

This still allows the Communist party to have a say in the government, (Such as in the Linz Plan)
meanwhile limiting their power to influence major decisions. (Such as in the Trvisian Plan)
Click to expand...
How would we make sure they can't hold a majority in the both Houses of Congress? Limit the amount of ballots the can be put on?
 
If you add section 2 of my bill, I will be fine with your bill.
 
i assume the Trotskyists won't be banned?

after all, we are helping you
 
mrrandomplayer said:
If you add section 2 of my bill, I will be fine with your bill.
Click to expand...
Very well, though I feel this should be an amendment to the Constitution, rather than a simple law, as repealing a law is much easier than repealing an amendment. When reconstruction begins, we shall begin a campaign in force to make this an amendment, while also making it a law should the process fail. Section 2 of your proposal shall be added immediately.

Dr. Linz
 
Moai_Spammer said:
i assume the Trotskyists won't be banned?

after all, we are helping you
Click to expand...

You shouldn't be banned. I'll admit that even though you're helping us you might have a hard time getting rid of the stigma Foster and Browder brought to all Communists and will probably experience a fair amount of threats. I'll do my utmost to make sure all those who helped are taken care of and protected even if it means going bust.
 
baseballpie said:
I was merely proposing a compromise between your stances on the communist ban, rather than the actual bill. If you wish, I can draw up a compromise including parts of both you bills.
Click to expand...

I merely want to prevent the radical communists who supported the cruel regimes of Browder and Foster to not be able to retake the government during the potentially unstable times after the government is retaken for democracy. I think by the time the 8 years have passed, the remaining Browderists will have learned their lesson or be dead/in Russia and they won't be a problem anymore.
 
mrrandomplayer said:
I merely want to prevent the radical communists who supported the cruel regimes of Browder and Foster to not be able to retake the government during the potentially unstable times after the government is retaken for democracy. I think by the time the 8 years have passed, the remaining Browderists will have learned their lesson or be dead/in Russia and they won't be a problem anymore.
Click to expand...
The restrictions are supposed to prevent any radicals from achieving the power Foster achieved. Banning a party based on ideology is using a tactic the Fosterites themselves used.
 
Grifguz said:
The restrictions are supposed to prevent any radicals from achieving the power Foster achieved. Banning a party based on ideology is using a tactic the Fosterites themselves used.
Click to expand...

I think that extreme caution must be used for the first few years after the takeover, as nothing like this has been accomplished since the original revolution of 1776.
 
Section 1:
The Communist Party will not be outright banned, but rather be barred from holding the following positions:
-a majority in either House of Congress,
-President
-Vice President
-Secretary of State
-President Pro Tempore
-Speaker of the House
-Subsection A: Between December 1st, 1940 and January 1st, 1941, Congress shall decide on whether to continue this ban and for how long, with this clause included. If it is discontinued, Section 1 of this bill shall be amended to state "no political parties may be banned by national, state, or local governments, unless they have been proven to endorse and execute treason against the United States Government."

Section 2:
A reconciliation and compensatory commission, hereby established as the "Grievances and Reconciliation Council" will be given the responsibilities of determining, adjudicating, and reconciling actions of the Foster and Browder administrations. This council will give full amnesty to those who willingly confess their crimes to the council, express sorrow, and serve the community for no less than 400 hours.
-Subsection A: All prisoners imprisoned by national laws passed during Browder's or Foster's administration or abuse of already existing laws during that administration shall be freed.
-Subsection B: The list of those who will be granted amnesty excludes former President Foster and current President Browder, along with the Justices of the Supreme Court, USSA Congressional members, all members of the military above the rank of Colonel, and all governors, legislatures, and judicial members of the states. These individuals will be subject to investigation and prosecution.
-Subsection C: Supreme Court members charged for these crimes will be temporarily replaced by new presidential appointees approved by Congress, and they will permanently assume Supreme Court membership if their respective accused are found guilty. Other non-military communists, if convicted, will be replaced by runoff elections of the next eligible election period. These elected officials will only serve the remaining term of those who they replaced.
-Subsection D: President Foster and President Browder shall be specifically tried by the Senate (after elections) for Violation of the 1st Amendment, Violation of the 4th Amendment, Suspension of Habeas Corpus, multiple charges of Murder, lying to the general public about government affairs, and suspension of democratic principles, among any others raised during investigation.

Section 3:
The Constitution, as a legal framework and protection of rights, may never be suspended at any point during peace or war nor may any single part be suspended at any point. The writ of Habeas Corpus can only be suspended for 30 days with a 3/4 majority from both parts of Congress necessary for an extension.
-Subsection A: The right of a citizen to private property will not be infringed; If private property is need for a public works project, the citizen is entitled to full compensation at market value for the property and further legal discourse. Private property may be temporarily seized for a period of 30 days in order to conduct criminal investigation. In this case, a warrant is needed for the seizure of property. A warrant may be renewed by a judge every 30 days for property under the value of $1000. All property above $1000 require a grand jury and a judge's consent in order to renew a warrant

Section 4:
The death penalty cannot be used as a weapon by the Federal government as a means of suppressing protests or rebellion, unless crimes requiring the death penalty were committed as part of such protests.

Section 5:
At least two parties with significantly politically or economically opposed views must run during each election, as determined by the Supreme Court.

Section 6:
Congress shall have the power to enforce this bill with appropriate legislation.

Section 7:
All bills in conflict with this bill are declared null and void.

I hereby put this up for vote at the the United Front Meeting.

OOC: I will put it up for vote on the Social Group as well.
 
Edit: Nevermind
 
baseballpie said:
Section 1:
The Communist Party will not be outright banned, but rather be barred from holding the following positions:
-a majority in either House of Congress,
-President
-Vice President
-Secretary of State
-President Pro Tempore
-Speaker of the House
-Subsection A: Between December 1st, 1940 and January 1st, 1941, Congress shall decide on whether to continue this ban and for how long, with this clause included. If it is discontinued, Section 1 of this bill shall be amended to state "no political parties may be banned by national, state, or local governments, unless they have been proven to endorse and execute treason against the United States Government."

Section 2:
A reconciliation and compensatory commission, hereby established as the "Grievances and Reconciliation Council" will be given the responsibilities of determining, adjudicating, and reconciling actions of the Foster and Browder administrations. This council will give full amnesty to those who willingly confess their crimes to the council, express sorrow, and serve the community for no less than 400 hours.
-Subsection A: All prisoners imprisoned by national laws passed during Browder's or Foster's administration or abuse of already existing laws during that administration shall be freed.
-Subsection B: The list of those who will be granted amnesty excludes former President Foster and current President Browder, along with the Justices of the Supreme Court, USSA Congressional members, all members of the military above the rank of Colonel, and all governors, legislatures, and judicial members of the states. These individuals will be subject to investigation and prosecution.
-Subsection C: Supreme Court members charged for these crimes will be temporarily replaced by new presidential appointees approved by Congress, and they will permanently assume Supreme Court membership if their respective accused are found guilty. Other non-military communists, if convicted, will be replaced by runoff elections of the next eligible election period. These elected officials will only serve the remaining term of those who they replaced.
-Subsection D: President Foster and President Browder shall be specifically tried by the Senate (after elections) for Violation of the 1st Amendment, Violation of the 4th Amendment, Suspension of Habeas Corpus, multiple charges of Murder, lying to the general public about government affairs, and suspension of democratic principles, among any others raised during investigation.

Section 3:
The Constitution, as a legal framework and protection of rights, may never be suspended at any point during peace or war nor may any single part be suspended at any point. The writ of Habeas Corpus can only be suspended for 30 days with a 3/4 majority from both parts of Congress necessary for an extension.
-Subsection A: The right of a citizen to private property will not be infringed; If private property is need for a public works project, the citizen is entitled to full compensation at market value for the property and further legal discourse. Private property may be temporarily seized for a period of 30 days in order to conduct criminal investigation. In this case, a warrant is needed for the seizure of property. A warrant may be renewed by a judge every 30 days for property under the value of $1000. All property above $1000 require a grand jury and a judge's consent in order to renew a warrant

Section 4:
The death penalty cannot be used as a weapon by the Federal government as a means of suppressing protests or rebellion, unless crimes requiring the death penalty were committed as part of such protests.

Section 5:
At least two parties with significantly politically or economically opposed views must run during each election, as determined by the Supreme Court.

Section 6:
Congress shall have the power to enforce this bill with appropriate legislation.

Section 7:
All bills in conflict with this bill are declared null and void.

I hereby put this up for vote at the the United Front Meeting.

OOC: I will put it up for vote on the Social Group as well.
Click to expand...

You can't ban a party or treat it with different ways than other parties. It is unconstitutional and unjust. The problem isn't the parties, parties are elected by the people. The problem is justice. Supreme court should stop the Foster and Browder. So judicial power should be strenthened to counter these situations. Moreover, police shouldn't follow orders from legilative or executive power. I propose this alternative to section 1:

Judicial power over police:
Police can only act under the judicial power of courts. No member of the Government or Congress has the right to give orders or in any way manipulate the police forces distracting them from their primary function, the enforcement of laws.

Legislative power over constitution:
All parties are subject to constitutional law and judicial power of supreme court. No bill related to judicial, legislative or executive power can pass without being characterised as constitutional by supreme court. In case government tries to pass an unconstitutional bill, the powers of government are suspended and its members are judjed on trial.

The last sentence works deterrently for governments that try to abolish constitution. So if Foster (or a far-right) gains elections again, he will recieve the seat in Congress, as democratic principles dectate, but he will be unable to enforce his plans. He can't control the police, so he needs to change the laws, but if he tries to do so, he automatically loses his power, so he will be forced to obey the law and the constitution.
 
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