The Veto, the Chancellor, and the People

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Dnate Mars
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The Veto, the Chancellor, and the People

Post by Dnate Mars »

[quote="Jon Seattle":sa185en3]Way back when, in consultation with other members of the CSDF and the DPU, I was the person who added the Chancellor's veto to the executive bill that made it into the constitution. I see that some people are not clear on the purpose of what we did in that case, so I had better explain.

The Chancellor of the CDS is not a President in the US sense. The role was designed so that there was someone who would be effective in running the executive functions of government. At the time the RA was trying to be the legislature and also running the day-to-day operations of the CDS. My feeling, and that of many people, was that the RA was not very effective as an executive (it was far to slow and clumsy) and that these functions were getting in the way of the RA to work on policy.

The CDS has a process where people vote in the election for parties and then the parties' representatives hammer out our laws and policy. We do this because the legitimate power in the CDS does not come from above, but flows the people who turn in their ballots on election day.

The reason the Chancellor is elected by the RA and not the general public is that the Chancellor's job is to implement the laws and policy set by the representatives. A decent respect for the rights of the electorate would entail not using the office of Chancellor to set policy different from that of the RA, to impose the that Chancellor's personal opinion of the day on the elected representatives. If a Chancellor starts controlling the law making process that would mean taking away your and my right to vote and have our choices heard.

So the veto is very intentionally not designed to allow a Chancellor to control the RA or to threaten to. Why is it there? Its there only as a kind of emergency break. The RA, by the way, also has the right to remove a Chancellor. These mutual mechanisms are there to be used if there is a clear case of abuse of power. In particular a Chancellor or an RA that puts her / his / its own interests ahead of respecting our laws and constitution.

We ought never to elect a Chancellor who thinks it okay to impose minority politics on the legislature via the veto. Out of respect for the electorate, the veto should be kept in reserve for only the most serious situations. This would apply just as much to a CSDF Chancellor candidate in a majority DPU assembly as to a DPU candidate in the current mixed CSDF / Simple / Care assembly. Its the principle that matters.[/quote:sa185en3]

The section in question is as follows:
[quote:sa185en3]The Chancellor shall have the power to veto any act of the Representative Assembly, except any bill to remove the Chancellor from office. The Representative Assembly may override a veto with a vote by at least a two-thirds majority. In order to exercise the power of veto, the Chancellor shall post a public declaration of her or his intention to exercise that power, together with the name of the the Act in respect of which he or she seeks so to exercise, and the reasons for exercising it in respect of that Act, on the Confederation of Democratic Simulators web forums or wiki within seven days of the posting to the wiki of the Act in respect of which he or she seeks to exercise that power.[/quote:sa185en3]

Since this is directed at me, I think it needs to be moved to a forum that will allow discussion of the matter. I think this is a very important point. The Chancellor has much power, but also is vaguely defined. In this section, there is nothing that is said that the veto is only to be used in case of the RA overstepping its powers. In fact, it says nothing but the fact that the Chancellor has this power.

If we go with what Jon said, then what defines an out of control RA? With most other positions, a 2/3 vote is required to make a major step, yet the veto power resides within a single person. If a single person, that was appointed, not elected, decides that a law is bad, then he or she can veto it. Is this right? I am not sure. It basically will come down to what the people really want from the role of a chancellor.

The role needs to be clearly defined. As it presently is, as long as a chancellor is elected, and can please only 1/3 of the RA, he or she can direct the laws that will be passed. But is this really right for someone that is just appointed to the position?

As for what I was talking about, I never planned on using the veto unless it was necessary. Being as I am only an appointed position and not an elected, I wouldn't want to change the what the people want. But then with the CSDF controlling the SC and the RA, I just wanted it to be know that if I need to, I will exercise the power of the veto to keep a single party from passing laws at will.

What should the powers of the executive branch be? What do the people want? Do they want a direct election for a person to act as the President? Do they want the Chancellor to continue to have the power of the veto? Or is a new system needed to make it harder for a single person to run the show?

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Re: The Veto, the Chancellor, and the People

Post by Jon Seattle »

[quote="Dnate Mars":dv7nuco2]
Since this is directed at me, I think it needs to be moved to a forum that will allow discussion of the matter. I think this is a very important point. The Chancellor has much power, but also is vaguely defined. In this section, there is nothing that is said that the veto is only to be used in case of the RA overstepping its powers. In fact, it says nothing but the fact that the Chancellor has this power.[/quote:dv7nuco2]Its only directed at you if you contemplate using the veto that way. Actually I suspect you would not when it came down to it.

[quote="Dnate Mars":dv7nuco2]If we go with what Jon said, then what defines an out of control RA? With most other positions, a 2/3 vote is required to make a major step, yet the veto power resides within a single person. If a single person, that was appointed, not elected, decides that a law is bad, then he or she can veto it. Is this right? I am not sure. It basically will come down to what the people really want from the role of a chancellor.[/quote:dv7nuco2]I suppose. And I agree that it needs to be clarified. How would you know what the people want from a Chancellor?

[quote="Dnate Mars":dv7nuco2]As for what I was talking about, I never planned on using the veto unless it was necessary. Being as I am only an appointed position and not an elected, I wouldn't want to change the what the people want. But then with the CSDF controlling the SC and the RA, I just wanted it to be know that if I need to, I will exercise the power of the veto to keep a single party from passing laws at will.[/quote:dv7nuco2]The CSDF does [u:dv7nuco2]not[/u:dv7nuco2] have a majority in the RA, the SC is completely independent (Gwyn is among the finest and most principled people I have met in RL or SL), and much of the time CSDF members have a wide variety of opinions on policy. You need not fear that Moon will follow some party line -- she certainly makes up her own mind and will tell anyone in no uncertain terms if she disagrees.

Actually, I think something Pat and I and Moon and most others agree on is that a major goal is to roll up our sleeves and work on making the CDS a better place. We have a long to-do list of projects (not legislation) of things we should be accomplishing. Things like the new sim, new portal, support software, repairs on existing infrastructure. I think the main thing is whomever wins the Chancellor's spot our main focus will be to work hard to make the CDS a better place. These are things to be done not to benefit one faction, but to make things better for all of us.

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Post by michelmanen »

All this would be, of course, very different if citizens no longer had a party vote but voted directly for individuals (with party affiliations or not) who could sit in the RA for at most two mandates (consecutive or not), and if the Chancellor would also be directly elected by the people for no longer than two mandates (conssecutive or not), Chairing the RA (with only a tie-breaking vote), with the veto the sole prerogative of the SC. Which is what I shall try to accomplish if elected Chancellor.

As for what the "Founding Avies" intended to do when they devised our current electoral system or enacted the current Executive structure and its veto, I can do no better than quote Thomas Jefferson:

"Some men look at constitutions with sanctimonious reverence and deem them like the ark of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment... I am certainly not an advocate for frequent and untried changes in laws and constitutions... But I also know that laws and institutions must go hand in hand with the progress of the human mind... As new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times."

NB. No one puts into question Gwyn and Moon's outstanding services to this community and their personal integrity. That changes nothing to the fact that, should Moon become Chancellor, the CSDF members would constitute the biggest party in the RA, and would include the Leader of the RA, the Chancellor, the Dean of the SC, and two of the three leading offices of the Guild. I my books, that is a rather huge concentration of power in the hands of one party. I realise that Moon would trust the CSDF and its members to do the right thing and I respect her for her faith in her colleagues. I, on the other hand, am more enclined to follow another US President's mxim when asked by a contemporary Soviet Union General Secretary to "trust him" on nuclear disarmament issues: "Doveriai, no proveriai" (Trust - but verify).

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Post by Claude Desmoulins »

Jon,

I think it was all a bit more complex than that. In the campaign leading to the fifth RA, the DPU proposed a federal system , with sims electing local executives who would then choose the central executive. CSDF proposed a cabinet, elected by the RA, and, as I recall w/o veto. By the time the 5th RA sat, the CSDF had made clear that the local exec was going nowhere. The idea, now being tossed about, of having the Chancellor directly elected didn't have the votes to go anywhere either. Early on, it was proposed to transfer most of the executive powers of the AC to this new position, and the question came up, what check would there then be on the RA?

The establishment of the Chancellor's veto was to make the Chancellor in some way a counterbalance to the RA. I don't know how well it worked. The ability of the RA to remove a Chancellor with the same supermajority as it takes to override a veto has made The Chancellor perhaps overly cautious in using the veto. To my knowledge, the Chancellor's veto has never actually been used. Having a Chancellor not subject to the RA would make the veto more meaningful.

I would disagree with Jon when he says the veto is just about when the RA overreaches The veto was written very broadly, and the Chancellor is allowed to veto a bill for any reason at all.

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Post by Aliasi Stonebender »

[quote="Claude Desmoulins":1roadkeh]
The establishment of the Chancellor's veto was to make the Chancellor in some way a counterbalance to the RA. I don't know how well it worked. The ability of the RA to remove a Chancellor with the same supermajority as it takes to override a veto has made The Chancellor perhaps overly cautious in using the veto. To my knowledge, the Chancellor's veto has never actually been used. Having a Chancellor not subject to the RA would make the veto more meaningful.
[/quote:1roadkeh]

As the outgoing Chancellor, I should like to confirm this. In addition, the one bill I was most tempted to veto - the Judiciary Act - happened to be passed during my first term, as the first holder of a new, untried office, and was passed unanimously by the RA; a veto seemed rather pointless.

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Post by Dnate Mars »

It would be easier to keep track of this if we kept it in a single thread.

One of the things that Jon has brought up is the fact that there is the fear that the chancellor will exercise the veto and take power away from the RA. I have said it in the past, and I will say it again. The RA is currently too powerful for a single branch of the government. With the changes that have happened, especially the disappearing of the Artisanal Branch, the RA really doesn't have the checks like it used to. Is the Chancellor veto the way to go? I am not really sure, but it is a possibility.

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Post by Jon Seattle »

[quote="Dnate Mars":1xtiuy9j]Is the Chancellor veto the way to go? I am not really sure, but it is a possibility.[/quote:1xtiuy9j]
I see. Shall we ask your permission before passing any bill? That would save a lot of time.

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Post by michelmanen »

Awww Jon, play nice.... :wink:

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Post by Dnate Mars »

[quote="Jon Seattle":1j817o6w][quote="Dnate Mars":1j817o6w]Is the Chancellor veto the way to go? I am not really sure, but it is a possibility.[/quote:1j817o6w]
I see. Shall we ask your permission before passing any bill? That would save a lot of time.[/quote:1j817o6w]

It would be nice. But then who says you can get the votes to even pass it in the first place?

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Post by Jon Seattle »

[quote="Dnate Mars":15evb8gt][quote="Jon Seattle":15evb8gt][quote="Dnate Mars":15evb8gt]Is the Chancellor veto the way to go? I am not really sure, but it is a possibility.[/quote:15evb8gt]
I see. Shall we ask your permission before passing any bill? That would save a lot of time.[/quote:15evb8gt]

It would be nice. But then who says you can get the votes to even pass it in the first place?[/quote:15evb8gt]Ahem, which bill are you referring to? Are you saying that the RA cannot pass a single one? In fact every single bill I have worked on has passed. I am sure the RA, with my support or without it, is capable of passing many others.

You have a moral obligation to support democracy. You yourself have pointed out that your position is not an elected one. The question is whether you agree to reserve your veto so as to allow the RA to do its work as our elected representatives, or if you plan to stand in the middle of the RA like a second chair (LRA), traffic directing policy as you please.

I started this process thinking that while you were my second choice, you were an excellent candidate for the Chancellorship. You have given me good reason to doubt that. The only way for you to be a good Chancellor is to give up this idea that you should be directing policy and come up with good plans to actually implement what the RA passes.

I do not care who votes or does not vote for a policy, it may be just the Simples + CARE. It does not matter. If the RA passes it you have a duty to try to implement it. About the only good reason to veto a bill is if its implementation would be impractical (as Beathan rightly points out) or if it violates our laws and constitution.

Rather than considering yourself the new controller of the RA you really should be thinking about how to move forward on all the projects we very much need to move forward on.

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Post by Dnate Mars »

[quote="Jon Seattle":12u7j6zk][quote="Dnate Mars":12u7j6zk][quote="Jon Seattle":12u7j6zk][quote="Dnate Mars":12u7j6zk]Is the Chancellor veto the way to go? I am not really sure, but it is a possibility.[/quote:12u7j6zk]
I see. Shall we ask your permission before passing any bill? That would save a lot of time.[/quote:12u7j6zk]

It would be nice. But then who says you can get the votes to even pass it in the first place?[/quote:12u7j6zk]Ahem, which bill are you referring to? Are you saying that the RA cannot pass a single one? In fact every single bill I have worked on has passed. I am sure the RA, with my support or without it, is capable of passing many others.

You have a moral obligation to support democracy. You yourself have pointed out that your position is not an elected one. The question is whether you agree to reserve your veto so as to allow the RA to do its work as our elected representatives, or if you plan to stand in the middle of the RA like a second chair (LRA), traffic directing policy as you please.

I started this process thinking that while you were my second choice, you were an excellent candidate for the Chancellorship. You have given me good reason to doubt that. The only way for you to be a good Chancellor is to give up this idea that you should be directing policy and come up with good plans to actually implement what the RA passes.

I do not care who votes or does not vote for a policy, it may be just the Simples + CARE. It does not matter. If the RA passes it you have a duty to try to implement it. About the only good reason to veto a bill is if its implementation would be impractical (as Beathan rightly points out) or if it violates our laws and constitution.

Rather than considering yourself the new controller of the RA you really should be thinking about how to move forward on all the projects we very much need to move forward on.[/quote:12u7j6zk]

Oh my! It was a joke. I assumed that your post was done jokingly and I did mine in return! Like you have pointed out that even I have said that I have not been elected. I am at this point nothing more then an executive that has been appointed with the power of the veto. I only plan on using my veto in a case where it would be morally and ethically wrong for me to not veto a bill. I honestly can't really see a need for me every using a veto since no party has a majority in the RA. Everything that passes will have to be tempered to get it to pass in the first place.

If I want to direct the way policy is going to go, then I will introduce bills to the RA to take up and debate.

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Post by michelmanen »

Oh my! Jon Quixote has found another windmill and rides again on his sprightly Rocinante! Duuuck! :lol:

Last edited by michelmanen on Mon Aug 06, 2007 11:04 pm, edited 1 time in total.
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Post by Claude Desmoulins »

Replying to:

[url:1ulz9013]http://forums.neufreistadt.info/viewtop ... =7958#7958[/url:1ulz9013]

I should add that my broad view of the executive veto is tied inexorably to the fact that the RA can override it. The executive veto is not limited because if 2/3 of the RA agree that a Chancellor is using a veto inappropriately, or that they disapprove of an executive veto [i:1ulz9013]for any reason at all[/i:1ulz9013], they can override it. If they feel especially strongly, they can use that same 2/3 majority to remove the Executive in question.

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