Sara for CP(2); The Pardon Debate and the Law

Day 1,591, 13:31 • Published in Canada Canada • by SaraDroz

May as well start with the tricky stuff... This is a bit complicated so there is short version at the end.

Background



As we know our current CP was one of those who passed the Congressional Pardon leading to a majority pass of 1 vote. Having done so he refused to use the Presidential veto to overrule the Congress vote. This is understandable sice he evidently favoured the pardon in the first place although it was unclear that the majority of the public favoured it. This issue, passed by 1 vote, has caused more internal division that any single issue in all my time in eCanada and directly caused many eCanadians to leave and some to take up arms against us. Presumably Congress did not forsee the upheavals this would cause when voying on the issue but for a majority of 1 to cause this amount of turmoil seems absur😛 In seeking resolve one problem Congress unwittingly created more problems. IF we are to agree with the pardon, or reverse it, a firmer basis for our actions MUST be found. I urged the current CP to hold a referendum on the issue and after first seeming to agree with this the CP changed his mind and later posted his own 'opinion poll' the results of which have not yet been seen.

Presidential Veto



A recent Addy Lawrence/EPC article says "It would be a lot easier for eCan to handle foreign diplomacy if EPC were not causing trouble. This can be arranged, just take the first step and veto the pardon." So they want a CP in April to veto a pardon of Congress over a month ago? As our current CP and previous Congress identified some limit must be set on the ePresidential veto. Acacia raises this issue in his article '[CP] State Of The Nation - Day 1585' when he raises Exalted Druids point "there is nothing stopping a crooked CP from getting some Congress people in their back pocket and veto’ing any legislation they see fit, including legislation that impacts funding and limitations on the power of a Prime Minister." It is argued by EPC that this is exactly what is happening in the current debate to limit the veto. Whether that is true or not at present the entire Constitution of eCanada could be overthrown by a single Congressional vote or because a future 'rogue President' could retrospectively veto all previous laws. Yes in theory if elected I could veto the pardon but it is NOT my cause to seek an 'easy fix' that lasts for a day, particularly when this itself would be dangerous. The task is to build a solid foundation not for a day only, but for the forseeable future.

Those who aim to uphold the supremacy of the law in our community should NOT break even the spirit of the law and I do NOT believe that if elected, when I shall seek to pass a law limiting the Presidential veto, to then veto a previous Congress's pardon. This would be an exception to the very matter that needs correcting and would not be a solid foundation on which to build, for if one exception can be made why not another ad infinitum? NO! I will not comprimise myself, my duty to you or the law. A simple retrospective veto would be contrary to the law on a limiting of the Presidential veto that NEEDS passing and I discard this solution, when I shall be seeking to pass such legislation. We therefore arrive back at the issue of a referendum on the pardon...

Referendum Legalities (Boring stuff)



This raises the problem of a Referendum: How can a referendum be binding in future? As Congress sees fit to hand out a pardon to those previously found guilty by the Court why should they not later over-rule a Referendum? In essence how can a referendum be legal?

This problem could be solved in different ways:

A. Congress could pass legislation that a Referendum can ONLY be overturned by a Referendum.

B. Congress could pass legislation that says only a high percentage (66-80😵 of future Congressmen in favour can overturn a Referendum. This SHOULD, in my opinion, be the case with ALL issues of law.

When Congress has decided a preferable option I SHALL hold a referendum on the pardon with a yes/no question and abide by the peoples decision. Cabinet and Congress shall discuss the best means to make this vote as impartial as possible.

Any exiles who wish to return home and take part in the referendum will be welcome and I shall discuss with Congress a general amnesty for any of those who have fought against eCanada so they may put down their weapons and return home safely. Thereafter EPC shall NO reason to continue their worthy but, to my mind, misguided actions. Hopefuly this will see the end of the EPC problem and we shall certainly be able to limit EPC support in eUSA by showing that we have given them a chance to take part in a vote on the issue.

Congress and The Law



A Legal Matters: In my opinion the Congress that passed the pardon acted beyond it's authority. The law was upheld by the Court and the judgement stands. Without changing the law Congress has no juristidiction in such matters. Sure it was considered 'politicaly expedient' to solve problems but it was NOT the grass of Congress to walk on! A Presidential pardon I can see... The job of Congress is to make and pass such law as they see fit, not to interfere in the progress of the law when it seems expedient. This is no foundation for a solid future of eCanada. In addition to the limitation of the Presidential veto, if elected, I shall also seek Congressional limitations such that this confusion does not recur in future. Pardons will be proposed by Presidents only and require Congressional agreement. Congress makes and changes laws; the application of those laws is the jurisdiction of the Court. A President can suggest a pardon and only then does it become Congress' business.

At present we are left in the insane situation where Congress has, in effect, overruled it's own law on theft while NOT changing the previous law.

B Corruption: I shall also put forward legislation that will ban any member of Congress from closed Congress forums and voting for the month, that is proved to have payed, by 'buying votes', for his membership in our Congress. Congress needs to be clean and non partisan or 'bought' for its own respect and to maintain the publics confidence. Unless this is done Congressional corruption will ALWAYS be a threat.

Conclusion

It is NOT my wish to over-rule Congress on anything I disagree with, nor is it a good precedent to do so, but on the pardon issue we have loyal eCanadians fighting against eCanada and thwarting our efforts to defend our allies and ourselves; all for a 1 vote majority. Nor is it not clear that Congress represented public opinion on this issue; it is alleged (by some) that some Congressmen who voted were corrupt etc... We MUST clean this slate with a binding referendum the results of which will stand for the forseeable future. We must draw a clear line between MAKING the law and the PROCESS of the law. We must root out corruption in Congressional elections and we MUST limit the Presidential veto.

Short Version

Limit the Presidetial veto time.
Hold a referendum on the 'pardon issue'.
Ban corrupt Congressmen from Congress forum votes.
Limit Congress' ability to interfere in the process of the law.

"Those who wish to uphold the law cannot seek to break it."IF elected I shall work with Congress to solve these issues and ensure that the public is kept informed on these and all issues. In future articles I shall discuss military reforms, assess our foreign policy, internal policy and cabinet.