Thread Tools
Old July 22, 2002, 20:59   #31
jdjdjd
PtWDG RoleplayCivilization III Democracy Game
Prince
 
jdjdjd's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2002
Location: of España
Posts: 811
Quote:
Perhaps something like this....

"This amendment will hereby set the rules of impeachment for all officials of the governement in an elected or appointed post, and limited to these positions, President, Vice President, Justice of the High Court, and Minister, incuding any Minister position currently described in the Code of Laws and any Minister position created in the future. This amendment shall override any prior rules on Impeachment and the Removal of an official from office mentioned in the Code of Laws.

1. Any citizen may bring the case of impeachment of an official to a member of the High Court.

2. The High Court will review the allegations made and by vote of a simple majority can approve the case is with merit and to be brought to the people. The Full Court (all five members) will decide this issue, unless one of the members is being impeached. In such a case where a judge is being impeached, the remaining four Justices and the Vice President will become the Full Court, and will review the case.

3. Once impeachment has been approved by the Court, the matter then goes to trial. The party who started the impeachment process will present the facts and evidence against the official including all specific allegations. The defendant will then have a chance to answer these allegations. Both parties must post their arguments for the public to see, this will be in a thread on the matter started by the High Court. The defendant will have three days to respond once the allegations are posted by the complainant.

4. After the arguments are presented, the public then can debate the topic in the thread, and may request that the court hold a public forum for arguments (a chat). The chat will be moderated by at least one member of the High Court. There will be a three day time limit to this thread after the defendant files his answer and the chat must occur within that period of time.

5. The general populace will then review the case and vote for removal from office of the defendant in a poll. This requires a 2/3 vote. This poll will last for three days.

6. If for valid reason, the defendant did not file his answer timely, he will be able make a case for filing late to the court, which they can grant if the lateness is within reason as agreed upon by a simple majority of the Full Court.
I add number six in case the party being impeached happens to be away and does not know about the case until too late. Any time some one is impeached without a chance to defend themselves, then they do deserve a second chance. However, if they are away that long, then maybe they should not be in office.

We can edit this, just trying to compile all the thoughts in....
__________________
Note: the Law Offices of jdjdjd are temporarily closed.
"Next time I say something like 'lets go to Bolivia', lets go to Bolivia"
jdjdjd is offline  
Old July 22, 2002, 21:04   #32
jdjdjd
PtWDG RoleplayCivilization III Democracy Game
Prince
 
jdjdjd's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2002
Location: of España
Posts: 811
Oops, "perhaps spmething like this" should not be in the quote
__________________
Note: the Law Offices of jdjdjd are temporarily closed.
"Next time I say something like 'lets go to Bolivia', lets go to Bolivia"
jdjdjd is offline  
Old July 22, 2002, 21:24   #33
Captain
King
 
Captain's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2001
Location: by Divine Right
Posts: 1,014
Sounds good to me! good work jdjdjd!

one thing... does the minister stay in power during the process?

Or is he/she on suspension once the trial begins (that is, the Court has decided the case has enough merit to warrant trial)?

Adding #6 is a good idea.

This is what I imagine the process to be like:

1) Accuser sends PM to Court official with list of complaints/accusations.

2) Court official contacts other Justices.

3) Court official notifies defendent by PM that an Accusation has been filed and the allegations being reviewed. Court does not indicate who has filed the Accusation, simply states the charges. The defendent may respond to the accusation if desired. If the defendent makes no response, the Court assumes that the defendent pleads NOT GUILTY.

4) The Court decides if the case has merit. If so, it PMs the defendent and the accuser to let them know the case will go to trial. Otherwise, it PMs both to let them know the case is being dismissed.

5) If it goes to trial, the Court begins a thread titled: IMPEACHMENT.

It lists defendent, the accuser, and the charge. The court must indicate the reason for the impeachment trial, that is, the LAW that the official is accused of breaking but the Court does not give evidence or arguments one way or another. The Court also gives the closing date for the Trial.

The accuser and the defendent then get the chance to give their arguments and evidence in this trial. No one else should post in this thread, unless called as a witness by either side.

6) Then, after the trial closes, the thread is open for ANYONE to post their opinion. Or request a chat, with a Judge present.

7) At a determined date, the poll will be posted by the Court. No one should post in the poll thread, aside from the CLOSING arguments of the accuser and the defendent.

8) Even though the poll results are visible before the poll closes, only when the poll closes are the results valid. Then, if impeached by 2/3 the official is removed immediately. Otherwise, they are acquitted.
__________________
Proud Citizen of the Civ 3 Demo Game
Retired Justice of the Court, Staff member of the War Academy, Staff member of the Machiavelli Institute
Join the Civ 3 Demo Game $Mini-Game! ~ Play the Civ 3 Demo Game $Mini-Game!
Voici mon secret. Il est très simple: on ne voit bien qu'avec le coeur. L'essentiel est invisible pour les yeux.
Captain is offline  
Old July 22, 2002, 21:37   #34
Spiffor
Civilization III Democracy GamePtWDG LegolandApolytoners Hall of Fame
 
Spiffor's Avatar
 
Local Time: 06:42
Local Date: November 1, 2010
Join Date: Nov 2001
Location: jihadding against Danish Feta
Posts: 6,182
I think jdjdjd's amendment, and Captain's way-to-do are pretty fine. Should this amendment be suggested, I'd vote for it.
(I still prefer a chat rather than a thread for the trial, because it's more fun ; however, I acknowledge a thread would be more practical)
__________________
"I have been reading up on the universe and have come to the conclusion that the universe is a good thing." -- Dissident
"I never had the need to have a boner." -- Dissident
"I have never cut off my penis when I was upset over a girl." -- Dis
Spiffor is offline  
Old July 22, 2002, 22:09   #35
Epistax
Civilization III Democracy Game
Prince
 
Epistax's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2001
Location: of Bananas
Posts: 998
Quote:
The President shall establish an emergency member to take his/her place until a new election can be held,...
I was suggested to point the out. This is text from the original Code of Laws, Article II, Impeachment and Resignations. My concern with this wording is that it does not take into consideration the very real possibility of the president him/herself being impeached.

The United State's position on this matter is that the Vice President would assume full presidential command for the duration of the term, and the Secretary of State would take the VP position. We do not have a Sec. of State. It has been suggested that the SMC be kicked up a notch to VP.

1) Should the VP take the Pres's term?
2) Should the SMC take the VP's term, or should there be an appointment or election for the VP?
3) Should there be an election or appointment for the SMC if they have taken over the VP.

Discuss (no I am not stealing from you, I am stealing from the original SNL)

--edit--

This should probably be listed as another amendment, but there's no reason not to steal the popularity of this thread, as it is partly related. The chain of command would also take effect if anyone left their position for the remainder of their term for any other reason.
Epistax is offline  
Old July 22, 2002, 22:17   #36
Captain
King
 
Captain's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2001
Location: by Divine Right
Posts: 1,014
1) yes
2) No, a new VP should be elected. if not possible, the Minister of Economy take over, or the FAM should take over before the SMC.
3) No, because the SMC should stick to military matters. The military has a role to play, VP is not it.

btw, just to highlight (might have been lost in my lengthy post)

Should the official under trial stay in his position until the trial finishes or should he be placed on suspension?
__________________
Proud Citizen of the Civ 3 Demo Game
Retired Justice of the Court, Staff member of the War Academy, Staff member of the Machiavelli Institute
Join the Civ 3 Demo Game $Mini-Game! ~ Play the Civ 3 Demo Game $Mini-Game!
Voici mon secret. Il est très simple: on ne voit bien qu'avec le coeur. L'essentiel est invisible pour les yeux.
Captain is offline  
Old July 22, 2002, 22:20   #37
Spiffor
Civilization III Democracy GamePtWDG LegolandApolytoners Hall of Fame
 
Spiffor's Avatar
 
Local Time: 06:42
Local Date: November 1, 2010
Join Date: Nov 2001
Location: jihadding against Danish Feta
Posts: 6,182
I'd say the official stays into function until the trial finishes, but should be suspended once the impeachment poll is opened.
If not, any absurd (but legally backed) impeachment procedure would make it possible to cripple our government.
__________________
"I have been reading up on the universe and have come to the conclusion that the universe is a good thing." -- Dissident
"I never had the need to have a boner." -- Dissident
"I have never cut off my penis when I was upset over a girl." -- Dis
Spiffor is offline  
Old July 22, 2002, 22:22   #38
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
ok, sorry it took me so long to reply, i was kicked off the server and i couldn't get back on for the longest time for some reason. Anyway, i read spiffor's post and he had some goodpoints, however i have good arguements aswell:

Quote:
You speak about a " minority successfully removing an official". But, in an election, more than 50% is never a minority.
You misunderstand me. When i speak of a minority in this sense, i mean that indeed a 51% vote is the majority of the vote for that poll, however, that doesn't mean 51% of the public feel that way. For many reasons, be them designed or coincidental, a minority of the population could decide something for the public, just by particiapting in a certain poll. Say the pop of Apolytonia is 100. Maybe only 60 (im just throwing these relative numbers out there) would participate in any poll for any number of reasons. The majority vote of the 60 who participated in the poll, is by no means the majority of the population (say 40 of the 60 were for impeachment, 40 is not 51% of 100). I dunno about all you, but i know I haven'y participated in every poll. Now this could happen in any poll,including elections, but we just assume that everybody who wanted to vote in those polls, did vote in the alloted time. But when it comes to impeachment, not a light topic, I think that can be a dangerous assumption. This is why I think the court should be involved in a removal decision in some other way than just moderation. Do see what Im saying? I know im not writing that very well, im having problems putting my thoughts into words, if you know what i mean...

Quote:
I hope you realise your suggestion could be dangerous for Democracy in the worst-case scenario, where a big majority of the people wouldn't be able to get rid of a rotten official, because he has few partisans.
I see this point very clearly, and this is why Im very willing to compromise with a less strict percentage of vote, by either the population or the court.

Quote:
If such a president does this, you'd have a disproportionate majority of people from a given party in the court. I don't say it's sure to happen. I say it might happen, if the Prez is corrupt.
This is why the people should be able to override the court with a high enough percentage vote. I agree that 80% is way to high, but i like civman's 2/3 vote. And no, I dont think it is possible for a truly corrupt president muster 1/3 of the population behind him. And if he can, and it is concievably possible, well then that president would stay in power no matter which system of impeachment we choose of the ones suggested thus far (unless i missed one) would he not??????

Here is my position, quite well justified if I may say so. But if the 'majority' (being a relative term, as I've pointed out, of course) are against me, then so be it. That is Democracy at work.

Kman
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum
Kramerman is offline  
Old July 22, 2002, 22:31   #39
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
My basic (modified) propsed sytem is this:

1. court votes to impeach. 3/5 or 4/5 vote (im flexible on this) required.

2. Once the official is impeached, a 51% vote is necessary (again im flexible on the percentages) to remove the official from office. If this fails, the official stays in office, though his impeachment by the court is a potential black mark for his future political career (if you recall, Bill Clinton was impeached, but he was not removed from office. Though, i dont think this hurt his political career....).

3. If the court fails to impeach, and there is strong public sentiment against an official, then a 2/3 public vote can remove the official from office directly, without ever going through a court or bypassing a court's decission.

EDIT: I like the idea of the court hosting a trial by posting the arguements and what not... perhaps this can be worked in? If not, no biggy.
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum
Kramerman is offline  
Old July 22, 2002, 22:38   #40
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
Quote:
Originally posted by Spiffor
I'd say the official stays into function until the trial finishes, but should be suspended once the impeachment poll is opened.
If not, any absurd (but legally backed) impeachment procedure would make it possible to cripple our government.
I agree whole heartedly. Until an official is officailly declared removed from office, then he should remain in the postiton and should continue to carry out his duty. Innocent until proven guilty, basically.

Kman
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum
Kramerman is offline  
Old July 22, 2002, 22:41   #41
Epistax
Civilization III Democracy Game
Prince
 
Epistax's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2001
Location: of Bananas
Posts: 998
Quote:
1. court votes to impeach. 3/5 or 4/5 vote (im flexible on this) required.
It was stated that the entire court must rule on impeachments, but if 3/5 is required, then a unanimous quorum is also enough (3/3). This isn't a pro or con, but a suggestion to wording.

I do like the idea of the court being bipassed. 2/3rds is a good amount for public disagreement, however anything over 50% should probably cause some sort of action, such as a reevaluating by the court.
Epistax is offline  
Old July 22, 2002, 22:47   #42
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
Quote:
It was stated that the entire court must rule on impeachments, but if 3/5 is required, then a unanimous quorum is also enough (3/3). This isn't a pro or con, but a suggestion to wording.
I like those suggestions mucho! Keep 'em coming.

Edit: i like the other suggestion too, just it didn't paste when I wanted to quote what you said. I should of just quoted your entire post....
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum
Kramerman is offline  
Old July 22, 2002, 22:50   #43
Captain
King
 
Captain's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2001
Location: by Divine Right
Posts: 1,014
again, I want to point out, as others have also, that the Court is there to ensure a LAW has been broken. Impeachment is not simply because of popularity. Popularity can ensure an official stays in, but unpopularity should not be sufficient to oust one. You will have a chance to get rid of them when the election comes.

The Court should not be bypassed. It is there to prevent frivolous claims and make sure no one gets impeached because someone has a personal vendetta and happens to have strong powers of persuasion.

Impeachment is if the official has been remiss in his duties (negligent), and/or abusing his powers (corrupt) - not if the official does something unpopular.

Remember that the Court is not deciding to impeach, they are simply facilitating the process. The people decide. The court makes sure there is a fair trial and that the process is legal.
__________________
Proud Citizen of the Civ 3 Demo Game
Retired Justice of the Court, Staff member of the War Academy, Staff member of the Machiavelli Institute
Join the Civ 3 Demo Game $Mini-Game! ~ Play the Civ 3 Demo Game $Mini-Game!
Voici mon secret. Il est très simple: on ne voit bien qu'avec le coeur. L'essentiel est invisible pour les yeux.
Captain is offline  
Old July 22, 2002, 22:56   #44
Epistax
Civilization III Democracy Game
Prince
 
Epistax's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2001
Location: of Bananas
Posts: 998
Scenario:

President Bubba has made a few moves as prompted by his political party, The Gooses. These moves were not ordered by the ministers that should have given them, but are supported by a majority of people.

An impeachment trial is started anonymously. The court rules 2/5 against, but claims of political bias spring up so a vote is cast against the president.

The vote reaches 59% against the president. The court reconvenes on the issue, one justice changes his position, and the vote is 3/5 for impeachment.


Has anything here been illegal? Perhaps after this is done, the public should vote one more time to convict, so that it is not the court making the decision.
Epistax is offline  
Old July 22, 2002, 23:05   #45
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
EDIT: what the hell, it posted my thing before i finished? My complete arguement is below.
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum

Last edited by Kramerman; July 22, 2002 at 23:14.
Kramerman is offline  
Old July 22, 2002, 23:13   #46
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
Quote:
Originally posted by Captain
again, I want to point out, as others have also, that the Court is there to ensure a LAW has been broken.
I agree completely, and i love the proceedure you outlined above. I believe the court should do what you outlined, and should go one step further to make a vote themselves to impeach.

Quote:
The Court should not be bypassed. It is there to prevent frivolous claims and make sure no one gets impeached because someone has a personal vendetta and happens to have strong powers of persuasion.
I disagree. What about what spiffor said, what if a president, who will in the next cycle appoint ALL the justices, appoints those who are loyal to him. Then the court can shoot down any claim against their patron prez, see what i'm saying? So there MUST be CHECKS AND BALANCES !
EDIT: in this sense, i have kinda made a compromise between your stance and Spiffors.

Quote:
Impeachment is if the official has been remiss in his duties (negligent), and/or abusing his powers (corrupt) - not if the official does something unpopular.
By doing something corrupt, 99 times out of 100 he is doing something unpopular. Who in a democracy likes a corrupt leader of some kind? Besides, to be ousted by a 2/3 vote (or 80% vote like i originally said) that official has gotta be pretty damn unpopular. And the official, under my system, can only be ousted directly by the public (going around the court) by a vote much higher than if they went through the court. The ultimate purpose of possibly going around the vourt is for checks and balances on the court. Remeber, in our direct democracy, THE PEOPLE ULTIMATELY HOLD THE POWER, NOT A COURT.
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum
Kramerman is offline  
Old July 22, 2002, 23:48   #47
Captain
King
 
Captain's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2001
Location: by Divine Right
Posts: 1,014
Quote:
Originally posted by Kramerman

I disagree. What about what spiffor said, what if a president, who will in the next cycle appoint ALL the justices, appoints those who are loyal to him. Then the court can shoot down any claim against their patron prez, see what i'm saying? So there MUST be CHECKS AND BALANCES !
EDIT: in this sense, i have kinda made a compromise between your stance and Spiffors.
Good point, but they're staggered. So it's unlikely all the judges will be loyal to one President. Since the President can't hold office more than 2 terms, another President will come in and appoint (1-2) new judge(s). It is possible that all might be loyal to the President, but unlikely. Furthermore, as I stated a long time ago (and probably buried somewhere insignificant), courts only have power because people acknowledge that. If the people think the Courts are protecting the President and are corrupt, they'll just start ignoring it's rulings. Or impeach the judges. (of course,we haven't really covered the situation if ALL the judges are accused, who will run the trials? so we have more work to do before putting this for polling.)

But you've still got a point. Perhaps you could bring up some new legislation.

Quote:

By doing something corrupt, 99 times out of 100 he is doing something unpopular. Who in a democracy likes a corrupt leader of some kind? Besides, to be ousted by a 2/3 vote (or 80% vote like i originally said) that official has gotta be pretty damn unpopular.
but they don't have to do anything illegal to be unpopular. and once elected, the minister is given the rights an privileges of office in exchange for carrying out his duties and responsibilities. If he is not negligent or corrupt in carrying out those duties, his rights and privileges shoud not be taken away simply because h makes a tough, unpopular decision. That was why he was elected, to make those decisions.

If unpopular enough, don't elect next time. But impeachment really should only be for broken laws (failed duties), IMHO.

Quote:
And the official, under my system, can only be ousted directly by the public (going around the court) by a vote much higher than if they went through the court. The ultimate purpose of possibly going around the vourt is for checks and balances on the court. Remeber, in our direct democracy, THE PEOPLE ULTIMATELY HOLD THE POWER, NOT A COURT.
Of course. And the people have decided to empower the court. I don't think what I'm proposing is giving too much power to the Courts. The Court has far less power than a minister. They don't really affect the ingame itself. The Court in this case is also a formailty, in the sense that the accusation either has grounds or it doesn't. For the example given by Epistax, the President failed to consult ministers. Is this required by the CoL? Yes? Then go to trial. Then let the people decide. No required? Then no law was broken, in that case, any trial of the President would just be a witchhunt. I don't think it's unreasonable to trust the Court to do their job right anymore than it's unreasonable to trust our ministers to obey the public will (note that the CoL says ministers do not need to obey polls, yet, they almost invariably always do.)

Our ministers have been competant and solid in integrity so far, why suspect so much corruption amongst judges who really don't have anything to gain by it?

But if it makes one more at peace, I welcome a clause to make Judges impeachable on the charge of subverting justice (by protecting an official, or conversely, engaging in a witchhunt).

Judges would not rule here, in case people felt they were protecting each other. In this case, perhaps an independent arbritor selected at random (and approved by the public) would preside. They would not make the final ruling, just ensure a fair trial - just as Judges are supposed to do. But I'm totally open to other suggestions.

To recap, the only reason I oppose going around the Courts is that there must be some way to make sure that Impeachment isn't based on popularity alone but that there is a reasonable chance that some law has been broken. The Court procedure prevents ****ers from spam posting accusations and polls. A law requiring the Court to post the thread will improve organization, make it more fair for those involved, and reduce spam.
__________________
Proud Citizen of the Civ 3 Demo Game
Retired Justice of the Court, Staff member of the War Academy, Staff member of the Machiavelli Institute
Join the Civ 3 Demo Game $Mini-Game! ~ Play the Civ 3 Demo Game $Mini-Game!
Voici mon secret. Il est très simple: on ne voit bien qu'avec le coeur. L'essentiel est invisible pour les yeux.
Captain is offline  
Old July 23, 2002, 00:04   #48
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
edit: DAMN!!!!! it posted again before i finished. Why is it doing this!!??? Ill be through in a few minutes and then ill post
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum
Kramerman is offline  
Old July 23, 2002, 00:23   #49
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
Oh dear! We'll keep working at this until a compromise is found. A compromise will be found, perhaps as a write.

Quote:
If he is not negligent or corrupt in carrying out those duties, his rights and privileges shoud not be taken away simply because h makes a tough, unpopular decision. That was why he was elected, to make those decisions.
I agree with this, in theory. However, in practice an official can have the political backing of the court, preventing his impeachment, like i described before. So a neglegant and corrupt person could be kept in power if there is no way to get around the court decision. I agree this is far-fetched, but it could happen and cause serious problems.
I would rather the situation, unfortunately, be to vote someone out because they are merely VERY unpopular, as apposed to having the possible risk of a corrupt, game ruining official kept in power.

Quote:
I don't think what I'm proposing is giving too much power to the Courts.
It wouldn't be if we could be sure that the court couldn't impeach a desrving person for political reasons. Perhaps if we could find someway to check the court, without doing a 'popularity' vote for the alleged official and find a good compromise, without making things complicated. Again, i don't want to take the risk of a corrupt person staying in power just because the court said so.

Quote:
but they don't have to do anything illegal to be unpopular.
This is not what I meant. I was just trying (but i admit i did a poor job of writing this) to tell that I think the people would be alittle bit more compassionate than to oust someone just because they had conflicting political views. And that the almost only time there would be a movement to impeach above the will of the court would be if the official did something the vast majority of the public thought was corrupt and the court did not agree with this. I dont just fear the court of politically backing the defendant and not convicting him of this, but the court is human and can make mistakes in their judgment that the vast majority of Apolytonia dont agree with. And so the people need someway to override this, via a vote, or some other way to check the court. I am open to ideas on checks.

Quote:
I don't think it's unreasonable to trust the Court to do their job right anymore than it's unreasonable to trust our ministers to obey the public will (note that the CoL says ministers do not need to obey polls, yet, they almost invariably always do.)
Quote:
Our ministers have been competant and solid in integrity so far, why suspect so much corruption amongst judges who really don't have anything to gain by it?
But we don't trust our ministers to do their job right all the time. That is one of the reasons why we are making an impeachment amendment. Its not just to oust corrupt officials, but also neglegant, incompetant, and sometimes even completely abscent ones. They not mean to fail at their job, but they may very well be doing so and the problem needs to be corrected - especially with the hole Apolytonia is in, with our crappy ass starting location. We do elect officials on their merit, but what if, just what if the official got 'lucky', and truley was a bad person to elect to the job, at the detriment of the nation.

Quote:
But if it makes one more at peace, I welcome a clause to make Judges impeachable on the charge of subverting justice (by protecting an official, or conversely, engaging in a witchhunt).
Yes!!! Shall we brain storm?

Kman
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum
Kramerman is offline  
Old July 23, 2002, 00:35   #50
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
Captain, I just wanted to repost these points made by Spiffor. I had views similar to yours but Spiffor made some good arguements. Perhaps he would be better to point out the need of a check. Note that many of his points go against what we both agree on. This is sort of a third view of the situation, unless he has changed his mind. I made good arguements though ahainst this so check out my post below this one if you haven't already.

Quote:
Originally posted by Spiffor
Kramerman :
I understand your conception, and I also find civman's compromise very agreeable. That's strange we both agree on the compromise, as the debate between your conception of impeachment and mine is feeded by totally oposite views :
- You try to protect an official, whose results aren't THAT bad.
- I try to make it possible (you might say easy) to impeach bad officials, not just purposefully evil ones.

I understand your fears from the lack of information of the public, and I think the suggestion of my previous post adresses it pretty well.
However, I still think the court shouldn't have decision power, or nothing too overwhelming to get over the people. Justices are human like anbody else, and can make mistakes. 5 mistake-able people shouldn't have more power than 100+ mistake-able people.

You speak about a " minority successfully removing an official". But, in an election, more than 50% is never a minority. However, with your suggestion, a very small minority could keep a corrupt official to power. An outstanding majority is nigh impossible to get as soon as points are debatable. I hope you realise your suggestion could be dangerous for Democracy in the worst-case scenario, where a big majority of the people wouldn't be able to get rid of a rotten official, because he has few partisans.

Worse, nothing says the court will never be caught by politics. If I understand correctly, next term, only the president will appoint justices. He could very well appoint people from his party (and independents who shares the same beliefs), + 1 from the opposite party, just to look god in front of the voters.
If such a president does this, you'd have a disproportionate majority of people from a given party in the court. I don't say it's sure to happen. I say it might happen, if the Prez is corrupt. Do you imagine the court will impeach him, while the justices owe all to him ? Do you imagine such a corrupt Prez wouldn't be able to secure a solid minority of partisans who can defuse all 80%-of-the-people attempts ? (it's very easy to secure support, if you promise enough things to people in particular).

I have no doubt the 1st generation of justices will be very sincere, and will try their best for Apolytonia. I also think ministers who appoint them will try to appoint the best, not just those who share their political values. But the future could be worse.


Togas is right : the court should observe the legality of the impeachment procedure. It shouldn't decide who gets fired. That's the power of the people.
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum

Last edited by Kramerman; July 23, 2002 at 01:38.
Kramerman is offline  
Old July 23, 2002, 00:58   #51
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
We should decide on what common ground everyone has so far.
I'll state what I think is good, and what i can be fexible on

-I like the procedure made by captain for the court to decide the legality of an impeachment case and to make reports on it.

-I think the judges should impeach

-I think the people should confirm or deny an impeachment sentence by voting for or against removing the official.

-I think there should be some check of the court, incase a VAST majority of the people believe their should be a case where the court said there was none.

Kman
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum

Last edited by Kramerman; July 23, 2002 at 01:05.
Kramerman is offline  
Old July 23, 2002, 01:27   #52
Jon Shafer
PtWDG RoleplayPtWDG Gathering StormPtWDG Neu DemogypticaInterSite Democracy Game: Apolyton TeamPtWDG LegolandPtWDG Vox ControliPtWDG Glory of WarPtWDG2 SunshineApolyton UniversityC3CDG Desolation RowApolytoners Hall of FameCivilization IV CreatorsC4DG SarantiumApolyCon 06 ParticipantsPtWDG Lux Invicta
Firaxis Games Programmer/Designer
 
Local Time: 00:42
Local Date: November 1, 2010
Join Date: Apr 2002
Location: Maryland
Posts: 9,567
I think we need a poll on each of the most important options, that way we can hammer out something definitive.
Jon Shafer is offline  
Old July 23, 2002, 10:39   #53
GodKing
Civilization III Democracy GamePtWDG RoleplayInterSite Democracy Game: Apolyton TeamPtWDG2 TabemonoC3C IDG: Apolyton TeamApolyton UniversityC3CDG The Lost BoysCiv4 SP Democracy GameC4DG SarantiumC4WDG CalysiumC4BtSDG Templars
Emperor
 
GodKing's Avatar
 
Local Time: 00:42
Local Date: November 1, 2010
Join Date: Feb 2002
Location: Detroit
Posts: 4,551
Good idea trip. If I have some time later today, I will go thrue the options and set up some polls. (around 4pm est). If someone else beats me, I don't mind.
__________________
Try peace first. If that does not work, then killing them is often a good solution. :evil:

As long as I could figure a way to hump myself, I would be OK with that
--Con
GodKing is offline  
Old July 23, 2002, 11:56   #54
jdjdjd
PtWDG RoleplayCivilization III Democracy Game
Prince
 
jdjdjd's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2002
Location: of España
Posts: 811
I like the way Captain has laid out the rules, that could also be amodel for other trials, though I suspect we may need to rush any trial on a issue that needs to be decided prior to a turn chat.

Also, as for succession and impeachment of an official....

hmmm...,

I could see why you may want to keep an official being impeached from perhaps taking adverse actions to effect the game, so you would want him suspended while the trial is on.

If we do that, then we need spell out clearly the line of succession, or the other ministers must make due until the trial is over, which is within a week.

The other option is to keep him/her in place until removal is actually decided upon.
__________________
Note: the Law Offices of jdjdjd are temporarily closed.
"Next time I say something like 'lets go to Bolivia', lets go to Bolivia"
jdjdjd is offline  
Old July 23, 2002, 12:19   #55
Epistax
Civilization III Democracy Game
Prince
 
Epistax's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2001
Location: of Bananas
Posts: 998
The impeachment process seems quite lengthy. To impeach someone in their last week of office-- and if we have a policy of suspending the impeached-- will effectively in their turn.
Of course if they would be found deserving of impeachment and eventual conviction, there would be no problem.

>> The point I meant to make is that suspending officials during the impeachment process might not be a great idea. Perhaps some sort of semi-suspension would be possible.
Epistax is offline  
Old July 23, 2002, 12:57   #56
Aro
lifer
PtWDG Glory of WarC3C IDG: Apolyton TeamC4DG Gathering StormCiv4 SP Democracy Game
Emperor
 
Aro's Avatar
 
Local Time: 01:42
Local Date: November 1, 2010
Join Date: Jul 2002
Location: Botanic Garden, Rio
Posts: 5,124
If the official is the prez, we have no problems. The VP exists for this. In the case of others, I don't know, but maybe the president (or he and his cabinet), could nominate someone as an emergency official, and starts a poll immediately.

Quote:
Originally posted by Epistax

>> The point I meant to make is that suspending officials during the impeachment process might not be a great idea. Perhaps some sort of semi-suspension would be possible.
Without the legal procedures, nobody can be considered guilty. So, no suspension at all is better.
__________________
RIAA sucks
The Optimistas
I'm a political cartoonist
Aro is offline  
Old July 23, 2002, 13:45   #57
Spiffor
Civilization III Democracy GamePtWDG LegolandApolytoners Hall of Fame
 
Spiffor's Avatar
 
Local Time: 06:42
Local Date: November 1, 2010
Join Date: Nov 2001
Location: jihadding against Danish Feta
Posts: 6,182
My beliefs :

- I think people should impeach
- I think we must let defenders and accusers speak before the people can vote
- I think nobody should decide at the place of the people
- For this reason, I think we need a way to bypass the judicial procedure. I also thing the majority in a "bypassing" vote should be the same.
Vox populi, vox dei.
__________________
"I have been reading up on the universe and have come to the conclusion that the universe is a good thing." -- Dissident
"I never had the need to have a boner." -- Dissident
"I have never cut off my penis when I was upset over a girl." -- Dis
Spiffor is offline  
Old July 23, 2002, 15:13   #58
Togas
Civilization III Democracy GameCivilization III MultiplayerInterSite Democracy Game: Apolyton TeamPtWDG2 SunshineC3CDG The Lost BoysC4DG The Mercenary TeamPtWDG RoleplayC3C IDG: Apolyton Team
Emperor
 
Togas's Avatar
 
Local Time: 20:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: California
Posts: 5,245
I need to strongly suggest that we kill the idea of having a "trial." It may sound like fun, and it may seem like a fair idea, but you're opening a huge can of worms with this one.

This needs to be simple, straightforward, and effective. A "trial" is going to be a pain in the ass to do and is going to require a whole host of new laws.

You're going to need to develop either a body of law or at least customs and practices for how to hold a trial, what procedure to follow, what is admissable, what can be objected to, deadlines, rights; I could go on.

I just spent my whole morning in court. Let me tell you, going to trial is not as galmorous and efficient as it appears on television.

What we need is simply this: The Court says that there are sufficient grounds for a legal impeachment, posts the impeachment thread, and then STAYS OUT of the matter from then on. The accuser(s) and accused can both post to the thread, citizens can post as well, and in a few days a vote is held. The people decide the outcome.

We do not need some sort of public override on The Court. We need to accept that the Justices are there to do their job and that we confirmed them and that we all voted to create The Court and that we've placed some trust in our Judges. If we don't like the decisions they're making, we vote them out next term.

--Togas
__________________
Greatest Moments in ISDG chat:"(12/02/2003) <notyoueither> the moon is blue. hell is cold. quote me, but i agree with ET. :p"
Member of the Mercenary Team in the Civ 4 Team Democracy Game.
Former Consul for the Apolyton C3C Intersite Tournament Team.
Heir to the lost throne of Spain of the Roleplay Team in the PTW Democracy Multiplayer Team Game.
Togas is offline  
Old July 23, 2002, 15:31   #59
jdjdjd
PtWDG RoleplayCivilization III Democracy Game
Prince
 
jdjdjd's Avatar
 
Local Time: 23:42
Local Date: October 31, 2010
Join Date: May 2002
Location: of España
Posts: 811
I do agree with Togas, I am afraid a trial becomes many headaches in trying to maintain order, when you have no control over the process. I did allow an open forum where the public could question, if the public asks, the accuser and defendant, with a court member just moderating. No real rules, just a question and answer session and not a trial.

The real meat is at the thread where official complaint and answer are filed, and then debate for the time allowed.

Like Spiffy, I think a trial would be fun to act out, but unfortunately we could not have control over the process. So an informal session would be allowed, but not mandatory.
__________________
Note: the Law Offices of jdjdjd are temporarily closed.
"Next time I say something like 'lets go to Bolivia', lets go to Bolivia"
jdjdjd is offline  
Old July 23, 2002, 15:59   #60
Kramerman
Prince
 
Kramerman's Avatar
 
Local Time: 22:42
Local Date: October 31, 2010
Join Date: Jun 2002
Location: UT, Austin - The live music capital of the world
Posts: 884
I also agree that having a mock trial would slow the process down and more times than not it would end up as a lot of head aches. But there should be a place to post arguements for or against an accused. An accussed official needs to be able to defend himself EDIT: */ to help sway opinion for himself, and his accusers should post why they think he should be removed. This is neccessary in order ti educate the masses on the situation, so they can make an educated decision when/if their time comes to vote on the issue/*. This should also be very public.

For Togas,
I don't really care if their is an override of a court decision, I just came up with a good system for those worried about judges, with political motives, either laying grounds for impeachment, or denying it. I am quite willing to compromise on this matter, if need be.

For everybody,
I completely agree that the court should be there to determine if their are grounds for impeachment, and they should do this by making a vote themselves. The court is designed to be a group of 'enlightened' individuals, and therefore should be allowed to determine this with a or 4/5 vote (i dont care). This would be hard to attain, but if 4/5 of an enlightened group thinks an individual should be removed, then their are good odds that the individual deserves it, and is not merely a victim of unpopularity, like what Captain fears.

If the court does not pass a 4/5 vote to impeach, then the accusant is not. If at least a 4/5 vote is passed, then the official is immpeached, and then the public makes a simple majority vote to either remove the impeached individual, or not to. If the politician is impeached by the court, but not removed from office by the people, then he would remain in office as if nothing had ever happened and is free by all means to run for political office again. However, his career will always bear the black mark of his impeachment my the court, which, remeber, is a group of very respected and enlightened individuals whos opinion should not be taken lightly. The public vote to remove an official who has been impeached should be faily low, considering the elite group of judges found the person deserving of removal by a remarkable 4/5 vote. I say the public vote should be a simple majority, but I can compromise.

Kman

This is basically my same arguement, but I have made some compromise and some changes. Give alittle, get a little thats what I say.

EDIT: My main change is that for the court to decide if there are grounds for impeachment, they should discuss it (privately or publicly, this can still be debated), and then they take a vote to impeach. If the 4/5 minimum vote fails, there were no grounds for impeachment and the official is free to go back to his dutys. If the vote is at least 4/5, then the judges both find grounds for impeachment and impeach in one swift stroke, leaving it up to the citizenry to remove (that last thing is apart of my original arguement) the individual from his office.
__________________
"I bet Ikarus eats his own spunk..."
- BLACKENED from America's Army: Operations
Kramerman - Creator and Author of The Epic Tale of Navalon in the Civ III Stories Forum

Last edited by Kramerman; July 23, 2002 at 16:23.
Kramerman is offline  
 

Bookmarks

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Forum Jump


All times are GMT -4. The time now is 00:42.


Design by Vjacheslav Trushkin, color scheme by ColorizeIt!.
Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2010, Jelsoft Enterprises Ltd.
Apolyton Civilization Site | Copyright © The Apolyton Team