Proposal for Establishment of CDS Constitution Act

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Ashcroft Burnham
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Post by Ashcroft Burnham »

[quote="Tad Peckham":21yuxci1]i am not suggesting they would be dire, i am suggesting it COULD be dire. there is a huge difference.[/quote:21yuxci1]

Are you suggesting that there is a significant liklihood of them being dire? If so, upon what basis? If not, why should an insignificant liklihood affect what we do?

[quote:21yuxci1]i prefaced my analogy as being 'worst case', it would be nice if you would respect that analogy for what it is: worst case.[/quote:21yuxci1]

Worst case of what, precisely? You certainly did not so qualify your analogy when you wrote of it, and you still have not answered my question as to how in the least like the native American peoples that the inhabitants of SecondLife are. Why have you not answered that?

[quote:21yuxci1]it was the first analogy that came to my mind, so i used it. what i was trying to suggest was that if the us government had allowed native tribes to join our nation but retain their cultural traditions, laws, and land, then maybe many of the events that shame our history could have been avoided.[/quote:21yuxci1]

This is entirely speculative and has no sound basis in evidence or reason. The problem was that the colonists in the US took over by force land belonging to the native Americans, and then when the native Americans decided that they did not like the idea of living in the colonialists' reservations, tried to exterminate them. How is that even close to trying to expand a virtual nation by inviting people to join it if they want? The anology that you draw has no relevance whatsoever to our present position.

[quote:21yuxci1] maybe we could have learned a thing or two from natives instead of forcing our set of rules upon them.[/quote:21yuxci1]

I am not suggesting that anything is forced upon anybody, so, again, the anology wholly fails.

[quote:21yuxci1]once again, i understand that prospective cds members are given a CHOICE to adapt to our laws, or not to join the cds. however, i will try once again to tell you why i don't really think that is offering people much of a choice.[/quote:21yuxci1]

As I have explained repeatedly, it is offering far [i:21yuxci1]more[/i:21yuxci1] of a choice than if we did not exist at all. Indeed, you are suggesting that people [i:21yuxci1]not[/i:21yuxci1] have the choice of joining a large, strong, unitary state with local government by delegated powers: your proposal gives people no more options than does the status quo. Why, then, do you claim that it is preferable?

[quote:21yuxci1][quote:21yuxci1]I notice that you have pointedly failed to answer my question about what is different about people joining us by putting mainland land under our control compared with just renting land in Neufreistadt or Colonia Nova. Is that not the crux of the issue?[/quote:21yuxci1]
i notice that you have pointedly failed to address my concerns over racial, religious, economic and political diversity amongst different sets of peoples and simulators. moreover, i pointedly told you that i am not against mainland expansion.[/quote:21yuxci1]

That is a non-answer. What Gxeremio proposes is that the government of what is now the CDS be for ever confined to Neufreistadt (and possibly also Colonia Nova), and that we should expand by, [i:21yuxci1]and only by[/i:21yuxci1], creating an intergovernmental organisation, and inviting groups first to become nations, and then join that intergovernmental organisation. Gxeremio's proposal is that the CDS as it is now, with our present government, should not be the government of anything other than Neufreistadt. That would mean that the only way of putting oneself under the jurisdiction of the government as it is now would be to rent land in Neufreistadt. No reason has evern been advanced, however, as to what possible adverse consequences could result from allowing people to bring themselves under the jurisdiction of our present government, not only by renting land in Neufreistadt, but by enfranchulating on the mainland. No reason, therefore, has ever been advanced as to why Gxeremio's proposal should be adopted over our present model.

Furthermore, as to your point about population diversity, I have repeatedly asked, and have repeatedly received no answer whatsoever to, the question about what precise disadvantage that a system of local government by delegated powers from a unitary government has over the system that Gxeremio proposes. Why, exactly, does local government by delegated powers not fully address those issues?

[quote:21yuxci1]i think it is a forced conquest of ideology.[/quote:21yuxci1]

[i:21yuxci1]How[/i:21yuxci1]? Where is the [i:21yuxci1]force[/i:21yuxci1], exactly?

[quote:21yuxci1]once again, i understand that membership to the cds is voluntary. my concern is that each simulator has different needs and therefore different sets of laws for those simulators might be needed. when appropriate, universal laws can be enacted by the cds, but i think it silly for all cds simulators to live under neufreistadt law when neufreistadt law might not make sense for them.[/quote:21yuxci1]

You have not once, despite me having asked repeadtly, given any reason whatsoever as to why those differing needs could not be fully met by local government by delegated powers. Do you have any such reason? If so, what is it, and why have you not already given it? If not, how could you possibly honestly be of the view that it is insufficient?

[quote:21yuxci1]it is my impression that caledon has a democratic government, although i could be wrong here.[/quote:21yuxci1]

Caledon is most certainly not a democracy: just ask Desmond Shang, its king.

[quote:21yuxci1]to me it makes sense that any simulator wishing to join a democratic association such as the cds would already have an idea of what democracy should look like in their simulator.[/quote:21yuxci1]

Why do you assume that? What is the evidential foundation for that assertion, and the implied assertion that goes with it that the each and every group who joins will be willing and able to construct for itself a fully comprehensive system of state government to link with what Gxeremio proposes be no more than an intergovernmetnal organisation?

[quote:21yuxci1]if they do not have an idea for democracy, then i see nothing wrong with them adopting our constitution. i just don't think radification of our constitution should be compulsory for cds membership.[/quote:21yuxci1]

It is not a matter of an existing government [i:21yuxci1]ratifying[/i:21yuxci1] our constitution and joining a federation: it is a matter of a group of people, or set of individuals who make themselves into a loose group just in order to join us, effectively being [i:21yuxci1]immigrants[/i:21yuxci1] into our existing nation, and bringing their land with them.

And people are not "members" of the CDS: they are citizens. What else can citizenship concievably mean than a duty to be bound by our laws, in return for the benefit of living in a soceity in which everybody else is also bound by those laws?

[quote:21yuxci1]i think this the crux. people like gxeremio are asking others to look cds in a different way. [/quote:21yuxci1]

This wholly fails to address my point, which was:

[quote:21yuxci1]They already have that choice: they can either join the CDS, or create their own government. Then, maybe, one day, if and when there are lots of different democratic nations in SecondLife, we can create a new "Commonwealth of Virtual Nations" that does something similar to what Gxeremio wants our existing CDS to do. That is not a reason why our existing CDS, with its current government, should not seek itself to expand.[/quote:21yuxci1]

Blandly stating that people are "asking other sto look at the CDS in a different way" does not even [i:21yuxci1]attempt[/i:21yuxci1] to address the substance of the reasoning in the above, about there being no conceivable reason why the CDS [i:21yuxci1]as it is now[/i:21yuxci1] should not give people the opportunity to join it both by renting on the islands and enfranchulating on the mainland, and how the idea of a Commonwealth of Virtual Nations is no reason to abandon any plans for a single nation, the CDS, to expand as much as capacity and demand allows. Are you capable of addressing those points? If so, what is your response to them, and why have you not already stated it? If not, how can you possibly disagree with my position?

[quote:21yuxci1]but before they can become cds members, they have to accept our constitution as is. true, they will a vote once they are cds members, but that is only after they agreed to our sets of laws. it is not forced assimilation, but it is assimilation nonetheless.[/quote:21yuxci1]

So you now [i:21yuxci1]accept[/i:21yuxci1] that it is wholly incoherent to claim that we are forcing anything on people?

[quote:21yuxci1]to put it another way, you are asking prospective cds members to adopt a constitution based on majority rule.[/quote:21yuxci1]

We are offering people the opportunity to join a nation that is based on majoritarian representative democracy. We always have offered people that opportunity, right from when we were first founded. The only difference now is that we are offering a new way for people to become part of our nation: enfranchulation. How is that restricting, rather than increasing, people's choices?

[quote:21yuxci1]democratic representation doesn't start for these simulators until they have adopted the majority rule constitution, and i am opposed to that.[/quote:21yuxci1]

Upon what possible grounds, given what I have written above? How is the position any different when people join by renting land in Neufreistadt as opposed to when people join by enfranchulating a mainland parcel?

[quote:21yuxci1]great, i understand that. what i am saying is that you want all simulators joining the cds to adopt our constitution.[/quote:21yuxci1]

No, what I am saying is that what it inherently [i:21yuxci1]means[/i:21yuxci1] to join the CDS as a [i:21yuxci1]citizen[/i:21yuxci1] is to be bound by our laws. If people want their own government, they are free to create it. If people, once they have created their own government, then want to club together with other governments, then it might be time to consider making a Commonwealth of Virtual Nations.

[quote:21yuxci1]regardless of their willingness to do that or not, i disagree with that premise. i think the cds should be a commonwealth of nations where each person in those simulators can elect their own government, set their own constitution, and submit their own legislation to the cds based upon what is best for their society and the cds at-large.[/quote:21yuxci1]

This is merely endless repeition of your original claim, without having addressed all of the detailed and specific reasoning that I have given. That to which you responded above I wrote in response to your bizarre claim that we do not have universal sufferage in the CDS. Do you still stand by that claim now, or do you accept that you were wrong to claim that we do not have universal sufferage? If you still stand by the claim, upon what possible basis do you do so, and why do you not address that specific issue above?

[quote:21yuxci1]all i was suggesting that if the cds acted as a commonwealth, we could incorporate other forms of democracies, learn from them, and build a stronger system.[/quote:21yuxci1]

No, what you were suggesting was quite clearly that by offering people the chance to join our nation as it presently stands we were somehow forcing people to do something, or imposing something upon them. The specific passage to which I was responding was, [i:21yuxci1]"however, although the cds is a voluntary association, we are still telling those members to adopt our laws and live by them"[/i:21yuxci1]. Gxeremio's idea was to abandon entirely our present aim of expanding our existing nation by enfranchulation, and instead require anybody who wants to join us with a mainland parcel to create their own comprhensive state government first. That is quite absurd. Why should people on the mainland not have the option of joining a unitary state?

[quote:21yuxci1]compulsion exists in prospective simulators willingness to adopt our laws. no one is forcing them to do so you are correct, but as it stands now, it is compulsory for cds states to adopt our constitution, and once again, that is my problem. [/quote:21yuxci1]

As I have repeatedly stated, and you have repeatedly ignored, there is no [i:21yuxci1]compulsion[/i:21yuxci1]. Claiming that anybody is compelled to do anything in this context is equally as absurd as claiming that there is any degree of compulsion in me saying to you, "I will give you my car, but only if you pay me £1,000". Can you honestly say that I am compelling you to give me £1,000? If not, what, precisely, is the difference here? Why did you not respond to this exact (and extremely important) point when I made it above?

[quote:21yuxci1]yes i have given you reasons[/quote:21yuxci1]

Where are the [i:21yuxci1]specific[/i:21yuxci1] reasons for believing that there is some [i:21yuxci1]particular[/i:21yuxci1] thing wrong with [i:21yuxci1]specific[/i:21yuxci1] instances of our laws (those that apply to the whole CDS) that would make them wholly incompatible with any group that would be worthwhile having as a member of the CDS? You have provided no such reasons. If you think that you have, please reproduce them in response hereto.

[quote:21yuxci1]you have only attempted to find what you think to be holes in my postings and exploit those holes as being unintelligible.[/quote:21yuxci1]

This is an absurd form of argument: are you seriously attempting to claim that I am somehow doing something [i:21yuxci1]wrong[/i:21yuxci1] by disagreeing with you, and pointing out where your argument for a proposition with which I disagree is flawed? If so, what, precisely, do you claim is wrong with it? If not, what possible relevance could the above have?

I also notice that you have failed to answer many, many important questions that I have asked above, and failed to provide any reason for not answering those questions. Such questions include:

* Why do you think that people will regret joining our system any more than they will regret any particular choice that they make in inventing their own?

* f you cannot find any substantial difference in principle between people joining the CDS by renting land in Neufreistadt or Colonia Nova, and people joining the CDS by putting their mainland land under our control, what conceivable basis could you have for asserting that offering people the latter, but not the former, option would have catastrophic consequences?

* It is unintelligible: you were claiming that we would somehow forcing people to adopt our system of government, when it would be literally impossible for us to do so. How can that be intelligible?

* Universal sufferage" means the right of all to vote. We have that. How can you possibly argue otherwise?

* Why should people be denied the option of enfranchulating under the CDS in the way that has always been proposed up until now?

* What possible benefit could there be in assessing the ability of any particular model of government to work well by confining it indefinitely, as you propose, to one tiny geographical region, and not encouraging it to expand?

* Is that not, however, suggesting that there be only one overall model of government, the tiny state within a club-of-governments umbrella organisation? What if the idea of a large unitary state with delegated powers local government works better? You do not propose that that should even be attempted. Why?

* What exactly does a person desire when a person desires to be a part of the CDS, except to be governed by, and have the benefit of, our laws?

* What point is there in joining the CDS other than to have the benefit of our government and legal system?

* Why should we suddenly change our direction to be something vastly different, and greatly inferior, when we are just on the cusp of expanding very greatly indeed?

Do you have answers to the above questions? If not, how can you possibly sustain your position? If so, in respect of each question, what are they, and why have you not already given them?

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Post by Tad Peckham »

[quote:24k4p421]You certainly did not so qualify your analogy when you wrote of it, and you still have not answered my question as to how in the least like the native American peoples that the inhabitants of SecondLife are. Why have you not answered that?[/quote:24k4p421]

yes i did, and yes i have. you simply just do not agree with what i had to say.

[quote:24k4p421]This is entirely speculative and has no sound basis in evidence or reason. The problem was that the colonists in the US took over by force land belonging to the native Americans, and then when the native Americans decided that they did not like the idea of living in the colonialists' reservations, tried to exterminate them. How is that even close to trying to expand a virtual nation by inviting people to join it if they want? The anology that you draw has no relevance whatsoever to our present position.[/quote:24k4p421]

this response fails to look at what i actually said in my post.

[quote:24k4p421] Furthermore, as to your point about population diversity, I have repeatedly asked, and have repeatedly received no answer whatsoever to, the question about what precise disadvantage that a system of local government by delegated powers from a unitary government has over the system that Gxeremio proposes. [/quote:24k4p421]

i have given you my answers, you do not agree with them. your responses to my posts appare to be more about making me look unintelligible in an effort to bolster your own point of view.

[quote:24k4p421]You have not once, despite me having asked repeadtly, given any reason whatsoever as to why those differing needs could not be fully met by local government by delegated powers.[/quote:24k4p421]
it is comments like this that have your responses leaving a sour taste in my mouth ashcroft. you have not asked repeatedly, so do not place it upon my shoulders that you have. i have only stated to being against one aspect of the cds membership as it currently stands: the concept of a common constitution for all member states.

[quote:24k4p421]Blandly stating that people are "asking other sto look at the CDS in a different way" does not even attempt to address the substance of the reasoning in the above, about there being no conceivable reason why the CDS as it is now should not give people the opportunity to join it both by renting on the islands and enfranchulating on the mainland, and how the idea of a Commonwealth of Virtual Nations is no reason to abandon any plans for a single nation, the CDS, to expand as much as capacity and demand allows.[/quote:24k4p421]

again, i find your tone more than disrespectful. while you continually ask others to address the substance of your reasoning, you offer little respect and insight into the arguments and points made by others, not just myself. let me remind you once again that my objection to the process of membership to the cds as it currently stands was in regard to one issue. i addressed that point over and over again in my previous post.

[quote:24k4p421]This is an absurd form of argument:...[/quote:24k4p421]

i don't feel the need to respond to arguments that begin with such comments.

[quote:24k4p421]* Why do you think that people will regret joining our system any more than they will regret any particular choice that they make in inventing their own? [/quote:24k4p421]

my objections have nothing to do with this question.

[quote:24k4p421]* f you cannot find any substantial difference in principle between people joining the CDS by renting land in Neufreistadt or Colonia Nova, and people joining the CDS by putting their mainland land under our control, what conceivable basis could you have for asserting that offering people the latter, but not the former, option would have catastrophic consequences?[/quote:24k4p421]

again, this issue was never one of my concerns.

[quote:24k4p421]* It is unintelligible: you were claiming that we would somehow forcing people to adopt our system of government, when it would be literally impossible for us to do so. How can that be intelligible?

* Universal sufferage" means the right of all to vote. We have that. How can you possibly argue otherwise?[/quote:24k4p421]
these were both discussed, at length, in my last post.

i don't feel the other questions you raised speak to what i argued.

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Post by Ashcroft Burnham »

[quote="Tad Peckham":2iuuhijy]yes i did, and yes i have. you simply just do not agree with what i had to say.[/quote:2iuuhijy]

[i:2iuuhijy]Where[/i:2iuuhijy], do you claim, did you qualify it, and claim that the precise claim that people may later regret joining us and somehow "rebel" (rather than merely emmigrate) was a worst-case scenario? [i:2iuuhijy]Where[/i:2iuuhijy], exactly, did you answer the question about how in the least like the native American people that residents of SecondLife who are not citizens are?

[quote:2iuuhijy]this response fails to look at what i actually said in my post. [/quote:2iuuhijy]

Merely blandly claiming, without any specific reasoning, that what I wrote "fails to look at what [you] actually said (sic) in [your] post" is another deliberate evasion of the issues. The point that you appeared to be making was that allowing people to join the CDS, and, by so joining, place their land under the control of our existing democratic government, was somehow like the native Americans being given the "option" of joining the US government. I was explaining just how bad an analogy it was, and why any point, therefore, founded upon it was flawed. How, precisely, therefore, do you claim that that "fails to look at" what you wrote?

[quote:2iuuhijy]i have given you my answers, you do not agree with them.[/quote:2iuuhijy]

[i:2iuuhijy]Where[/i:2iuuhijy] have you answered that specific question? Where have you set out precisely what disadvantage that you contend that there is, precisely how it is a disdavantage, and the exact evidence and/or line of reasoning upon which you rely in support of your claim that the disadvantage is significant, rather than merely trivial?

[quote:2iuuhijy]your responses to my posts appare to be more about making me look unintelligible in an effort to bolster your own point of view. [/quote:2iuuhijy]

Much of what you write [i:2iuuhijy]is[/i:2iuuhijy] unintelligible. What conceivable legitimate criticism can you make of me for pointing out when it is?

[quote:2iuuhijy]it is comments like this that have your responses leaving a sour taste in my mouth ashcroft. you have not asked repeatedly, so do not place it upon my shoulders that you have. i have only stated to being against one aspect of the cds membership as it currently stands: the concept of a common constitution for all member states. [/quote:2iuuhijy]

This is not what you have claimed: you specifically endorse what Gxeremio wrote:

[quote:2iuuhijy]i think you have created a constitution that deserves serious consideration[/quote:2iuuhijy].

What Gxeremio is advocating precisely [i:2iuuhijy]is[/i:2iuuhijy] a single constitution for all "member states", just a different constitution from the constitution that is presently of the CDS, and one that is disasterously vague. You repeatedly claim that there are some unspecifcied needs that could better be fulfilled with Gxeremio's system, and yet fail to state exactly what they are, or why exactly it is that the system that he proposes would better fulfil them than the present model. My questions, therefore, are fully pertinent. Why have you not answered them, and what are the answers?

[quote:2iuuhijy]again, i find your tone more than disrespectful. while you continually ask others to address the substance of your reasoning, you offer little respect and insight into the arguments and points made by others, not just myself.[/quote:2iuuhijy]

How, precisely, do you claim that what I write is disrespectful? It is not possible to have insight into the incoherent.

[quote:2iuuhijy]let me remind you once again that my objection to the process of membership to the cds as it currently stands was in regard to one issue. i addressed that point over and over again in my previous post. [/quote:2iuuhijy]

All that you have done is repeatedly blandly state that there are some unspecified groups in respect of whom, for some unspecificed reasons, there would be some unspecified problems in joining our present system.

You are [i:2iuuhijy]again[/i:2iuuhijy] evading my extremely important question of why it is that you support Gxeremio's idea, which entails abandoning any plans for the CDS, as it stands now, with the government structures that it has now, to allow people to join it by enfranchulating on the mainland, rather than being confined to the present model of renting in Neufreistadt. Do you or do you not support Gxeremio's ideas in their entirety? If so, what is your justification for that restriction? If not, how, precisely, do your ideas differ from his?

[quote:2iuuhijy]i don't feel the need to respond to arguments that begin with such comments. [/quote:2iuuhijy]

Whyever not? Why should I not state that your argument is absurd if it is? This seems to be yet another attempt to evade scrutiny of your reasoning.

[quote:2iuuhijy]my objections have nothing to do with this question.[/quote:2iuuhijy]

That is nonsense, since you [i:2iuuhijy]specifically claimed[/i:2iuuhijy] that people might regret joining us by enfranchulation when you wrote,

[quote:2iuuhijy] even if people willingly join the cds, that does not mean that those people fully comprehend the system of government they are buying into, nor does it preclude that our system of government will work best for them. while my native american analogy speaks to the worst case real-world scenario, it is certainly valid one. many native tribes willingly adapted their ways to conform with the us government, [b:2iuuhijy]only to later regret it[/b:2iuuhijy] because they didn't fully understand the implications that adaptation would have on their culture and society. of course, the inverse is also true that many tribes resisted change. regardless, my point is that throughout history there are countless examples of peoples adopting to the laws of other societies only to later regret, and rebel against those laws. cultural, social, economic, religious, and political differences among mankind make it near impossible in my mind to have one set of laws in place that will work for everyone.[/quote:2iuuhijy]

(Emphasis mine). Given that your claim is that it is bad to let people join our current system by enfranchulation because they might later regret it, how can it possibly be irrelevant to ask why they should regret more joining by mainland enfranchulation than joining by renting land in Neufreistadt?

[quote:2iuuhijy]again, this issue was never one of my concerns.[/quote:2iuuhijy]

Do you or do you not agree with Gxeremio's proposals in their entirety, and therefore that our present government should forever be limited to Neufreistadt alone, or do you disagree with him in this respect?

[quote:2iuuhijy]these were both discussed, at length, in my last post. [/quote:2iuuhijy]

[i:2iuuhijy]Where[/i:2iuuhijy] did you state what precise [i:2iuuhijy]force[/i:2iuuhijy] that you imagined that we were planning to (or could concievably) use?

[quote:2iuuhijy]i don't feel the other questions you raised speak to what i argued.[/quote:2iuuhijy]

In respect of each one, why not, precisely? Merely dismissing the questions as irrelevant without specifying, in respect of each, precisely [i:2iuuhijy]why[/i:2iuuhijy] you claim that it is irrelevant is nothing short of evasiveness - what else could it be?

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Post by Gxeremio Dimsum »

[quote="Ashcroft Burnham":3a4ln4so]That is a non-answer. What Gxeremio proposes is that the government of what is now the CDS be for ever confined to Neufreistadt (and possibly also Colonia Nova), and that we should expand by, [i:3a4ln4so]and only by[/i:3a4ln4so], creating an intergovernmental organisation, and inviting groups first to become nations, and then join that intergovernmental organisation. Gxeremio's proposal is that the CDS as it is now, with our present government, should not be the government of anything other than Neufreistadt. That would mean that the only way of putting oneself under the jurisdiction of the government as it is now would be to rent land in Neufreistadt. No reason has evern been advanced, however, as to what possible adverse consequences could result from allowing people to bring themselves under the jurisdiction of our present government, not only by renting land in Neufreistadt, but by enfranchulating on the mainland. No reason, therefore, has ever been advanced as to why Gxeremio's proposal should be adopted over our present model. [/quote:3a4ln4so]

Actually, Ashcroft, I clarified this on my post at 6:36 this morning (Sun, Oct. 15), when I said:
[quote="Gxeremio Dimsum":3a4ln4so]The proposal I have submitted could surely be amended to allow multi-sim governments, if that would be desired. However, it would limit the number of representatives in the Legislature, unless the whole thing was moved to proportional representation. And that would be alright too. [/quote:3a4ln4so]

The point is not to restrict the growth of Nstadt, or sims that use the same constitution. The point is to open up the advantages of the CDS to other democratic sims (and thus encourage their formation) as well as to individuals (at-large citizens in my proposal).

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Post by Ashcroft Burnham »

[quote="Gxeremio Dimsum":1vi50hxf]Actually, Ashcroft, I clarified this on my post at 6:36 this morning (Sun, Oct. 15), when I said:
[quote="Gxeremio Dimsum":1vi50hxf]The proposal I have submitted could surely be amended to allow multi-sim governments, if that would be desired. However, it would limit the number of representatives in the Legislature, unless the whole thing was moved to proportional representation. And that would be alright too. [/quote:1vi50hxf][/quote:1vi50hxf]

That did not make things very clear, I am afraid, since your proposal still appears to be claiming to change fundamentally what the CDS [i:1vi50hxf]is[/i:1vi50hxf], and to entail that the government of the CDS be the government (in so far as it can be called a government at all) of an inter-governmental organisation, based on your constitution above, and nothing more. Stating that you were not opposed to "Multi-sim government" does not make it in the least clear, therefore, whether or not you oppose the governemnt of the CDS [i:1vi50hxf]as it is now[/i:1vi50hxf], with our present constitutions and institutions, expanding to the mainland and other island sims as fast as demand and capacity between them allow. To make it clear, I shall ask you now: do you or do you not oppose that?

[quote:1vi50hxf]The point is not to restrict the growth of Nstadt, or sims that use the same constitution. The point is to open up the advantages of the CDS to other democratic sims (and thus encourage their formation) as well as to individuals (at-large citizens in my proposal).[/quote:1vi50hxf]

Firstly, there [i:1vi50hxf]are[/i:1vi50hxf] no other democratic nations in SecondLife, so the need for this is questionable at best. Secondly, you have made your proposal very confusing by conflating the [i:1vi50hxf]existing[/i:1vi50hxf] idea of the Confederation of Democratic Simulators (the government of Neufreistadt, Colonia Nova, any future such islands, and as many franchulatesas care to join us) with the wholly distinct idea of a Commonwealth of Virtual Nations. Even if it is worthwhile having such a Commonwealth, it is a very [i:1vi50hxf]different[/i:1vi50hxf] thing to the existing CDS, and should not be conflated with it, and should most definitely not replace it. The problem is, however, that you do not define very clearly what, precisely, that the relationships between this Commonwealth and its member governments will be. For example, you seem to imagine that the CDS law of contract will apply, but then suggest that there be a Commonwealth legislature and executive (what do you imagine an executive doing, exactly, in such a commonwealth?), and thus make it very unclear as to what legislature would have the power to [i:1vi50hxf]change[/i:1vi50hxf] the contract law that would apply, on your model, to the whole Commonwealth. What about company law? Property law? The law of harassment? Financial services regulation? Which legislature would have the power to legislate about those things, and why? Do you imagine one court system having simultaneously to enforce a slew of different sets of laws, or do you imagine that each nation in the commonwealth will have its own court system, perhaps with some reciprocal enforcement agreement? Do you think that the Commonwealth should be strictly resreved only to democracies, or should Caledon be allowed to join it? If so, just how close or loose an association should the Commonwealth be, since Caledon will not want to give up any real independence, and would not join something that would mean that it did? What you propose is, I am afraid, unclear in very many respects.

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Post by Gxeremio Dimsum »

[quote="Ashcroft Burnham":2ca3suyy] Stating that you were not opposed to "Multi-sim government" does not make it in the least clear, therefore, whether or not you oppose the governemnt of the CDS [i:2ca3suyy]as it is now[/i:2ca3suyy], with our present constitutions and institutions, expanding to the mainland and other island sims as fast as demand and capacity between them allow. To make it clear, I shall ask you now: do you or do you not oppose that?[/quote:2ca3suyy]

I do not oppose it in principle. I also think that given a choice between creating a franchulate and becoming an at-large citizen of the CDS, most people would choose the latter.

[quote="Gxeremio Dimsum":2ca3suyy]]The point is not to restrict the growth of Nstadt, or sims that use the same constitution. The point is to open up the advantages of the CDS to other democratic sims (and thus encourage their formation) as well as to individuals (at-large citizens in my proposal).[/quote:2ca3suyy]

[quote="Ashcroft Burnham":2ca3suyy]Firstly, there [i:2ca3suyy]are[/i:2ca3suyy] no other democratic nations in SecondLife, so the need for this is questionable at best. Secondly, you have made your proposal very confusing by conflating the [i:2ca3suyy]existing[/i:2ca3suyy] idea of the Confederation of Democratic Simulators (the government of Neufreistadt, Colonia Nova, any future such islands, and as many franchulatesas care to join us) with the wholly distinct idea of a Commonwealth of Virtual Nations. Even if it is worthwhile having such a Commonwealth, it is a very [i:2ca3suyy]different[/i:2ca3suyy] thing to the existing CDS, and should not be conflated with it, and should most definitely not replace it. The problem is, however, that you do not define very clearly what, precisely, that the relationships between this Commonwealth and its member governments will be. For example, you seem to imagine that the CDS law of contract will apply, but then suggest that there be a Commonwealth legislature and executive (what do you imagine an executive doing, exactly, in such a commonwealth?), and thus make it very unclear as to what legislature would have the power to [i:2ca3suyy]change[/i:2ca3suyy] the contract law that would apply, on your model, to the whole Commonwealth. What about company law? Property law? The law of harassment? Financial services regulation? Which legislature would have the power to legislate about those things, and why? Do you imagine one court system having simultaneously to enforce a slew of different sets of laws, or do you imagine that each nation in the commonwealth will have its own court system, perhaps with some reciprocal enforcement agreement? Do you think that the Commonwealth should be strictly resreved only to democracies, or should Caledon be allowed to join it? If so, just how close or loose an association should the Commonwealth be, since Caledon will not want to give up any real independence, and would not join something that would mean that it did? What you propose is, I am afraid, unclear in very many respects.[/quote:2ca3suyy]

If you took the time to read the Constitution and imagine how it would work, each and every one of your questions here would be answered. The Legislature would have the power to create and change any laws that would apply to the whole CDS. I could definitely see the Legislature adopting a well thought-out system like the one you have proposed, making the presence of such a system in Nstadt redundant. The CDS as I have proposed it would have its own court system, but member governments would be free to have additional court systems to interpret whatever local laws they had. I do think the CDS should only be for democracies, as I make clear in the section on membership qualifications. Again, Ashcroft, I believe that if you took the time to think through my proposal many of your questions would be answered without the lengthy (and to many readers confusing) postings in this thread.

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Post by Claude Desmoulins »

I'm trying to digest all of this. First of all I will freely admit that I feel sort of vested in the existing documents, having slogged through many alterations of the same.

From looking at your minimal outline, my biggest question is about division of power. What besides a land fee collector does the new overarching government become? What benefit does it provide the member entities?

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Post by Gxeremio Dimsum »

[quote="Claude Desmoulins":2iedkmd5]I'm trying to digest all of this. First of all I will freely admit that I feel sort of vested in the existing documents, having slogged through many alterations of the same.

From looking at your minimal outline, my biggest question is about division of power. What besides a land fee collector does the new overarching government become? What benefit does it provide the member entities?[/quote:2iedkmd5]

Good and important questions. The overarching govt becomes the way for meaningful interaction between member governments to become possible. It is:
A) The arbiter of disputes.
B) The enforcer of contracts.
C) The clearinghouse for information on citizens' bonds to the CDS. (If you want to enter a contract with someone you can see the minimum amount of damages you could get in a dispute).
D) The "national identity" for at-large citizens (NB: this broadens the number of people with whom enforceable contracts are possible).
E) Whatever else the member governments and citizens want it to be.

The CDS is actually not the land fee collector. That remains with the local governments. As I have said before, the Constitution of Nstadt remains the Constitution of Nstadt. One way to think of this is, what kind of overarching organization would Nstadt want to join if some other group had started it?

In my proposal, the Legislature has the power to levy fees which could mean equal amounts from each member government, equal amounts from each citizen of the CDS, or differentiated amounts from each citizen or member government based on whatever criteria was chosen. These fees would be for the functioning of government (i.e. salaries, initiatives sponsored by the CDS, rent on govt buildings, etc.) and not for sim fees.

I have tried to suggest a possible way to balance power in this proposal - direct election of Executive, both other branches having a say in the installment of Judiciary, oversight of each branch to some degree by the other two branches, and so on. All of this is done in a way which enfranchises all member governments and citizens-at-large. Where weaknesses are found, I would welcome suggestions for improvement.

Good to see you joining in the discussions here, and please continue to ask these kinds of important questions.

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Post by Claude Desmoulins »

I'm going to point this out as gently as I can. Justice's original Bergermeister of Neufreistadt proposal called for direct election of the executive. It didn't have the votes (looks at CSDF). The DPU platform called for an upper house with per sim represenation, and significant devolution of power.

All of this requires constitutional change (4 votes at the moment). As much as I like many aspects of your proposal, I have doubts as to whether the necessary votes can be mustered.

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Post by Fernando Book »

[quote="Ashcroft Burnham":rljjp03y]
The CDS is already established. Our constitution [i:rljjp03y]is[/i:rljjp03y] the constitution of the CDS. We [i:rljjp03y]are[/i:rljjp03y] the CDS. "Neufreistadt" is just the name of one of our sims, not of our organisation. We are no more Neufreistadt than we are Marketplatz or valley.[/quote:rljjp03y]

Ashcroft, perphaps, but we have stated it in a quite obscure way for a newcomer. I've needed half an hour of diving in the wiki and the forums to get a clear (clear?) picture of our names.
In fact, we have a little naming mess. NL-4-27 calls for a competition to name the city and the entity above the sims, but we have only a SC announcement in the forums, but (as NL-4-27 states) no RA Act in the wiki that reflects the change of name.
The wiki speaks of the City constitution, but of the CDS Code. The main part of the Constitution uses the word "city", and sometimes Neufreistadt.
The Confederation of Democratic Simulators appears first time in Article V Section 3 (on the exclusivity), and, later, in the Chancellor Amendment, that, to add some confusion, uses 'Neufreistadt-CDS'. In the Code (that is CDS Code) the Confederation appears first time in NL-5-2, Fundraising for Expansion Act.
So, if somebody comes and reads our Constitution, won't know if there are parts that apply only to the City, to the whole CDS, or both.
Perhaps we need a constitutional technical committee to clean the text and make some suggestions (like an Article stating that we are the Confederation of Democratic Simulators).
From time to time, like a painter, we need to step back an see our picture.

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Post by Gxeremio Dimsum »

[quote="Claude Desmoulins":2wuw4uer]I'm going to point this out as gently as I can. Justice's original Bergermeister of Neufreistadt proposal called for direct election of the executive. It didn't have the votes (looks at CSDF). The DPU platform called for an upper house with per sim represenation, and significant devolution of power.

All of this requires constitutional change (4 votes at the moment). As much as I like many aspects of your proposal, I have doubts as to whether the necessary votes can be mustered.[/quote:2wuw4uer]

My proposal does not change the Constitution of Neufresitadt (except to remove the part saying it is also the CDS Constitution). To create an Executive of the CDS doesn't change the way the Nstadt Constitution looks in any way. In fact, to create this proposed Constitution doesn't even require an act of the RA, since the CDS is above and beyond Nstadt. To JOIN the CDS as proposed would, however, so it makes sense to give the RA the first say on whether the proposed CDS Constitution is acceptable.

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Post by Ashcroft Burnham »

[quote="Gxeremio Dimsum":2z29z8cr]I do not oppose it in principle. I also think that given a choice between creating a franchulate and becoming an at-large citizen of the CDS, most people would choose the latter.[/quote:2z29z8cr]

Why? In any event, have you already read my detailed critique of using liquid capital as an escrow against enforcement in another thread? I seem to recall you suggesting that the point was only that people had sentimental value in their land, which is certainly not so: whilst that is one reason why money-only escrow is less effective than enforcement against land, there are two other, far more compelling reasons. They are firstly that, if people have already paid a bond, as you call it, they are not able to put that money to any use whilst they are in the CDS. So, as far as they are concerned, they pay a fee to join us, which they might get back one day if they leave on honourable terms. But, actually, leaving on honourable terms is not something very likely: people are likely to want to stay in the CDS indefinitely, if they join us. Few people will think, "I'll join, but only for three months". The purpose of an escrow is to be able to do something against somebody who does wrong that is a substantial and effective [i:2z29z8cr]punishment[/i:2z29z8cr]. To do that, one needs to put that person in a far worse position than that in which he or she would have been had he or she not done wrong. A person who is thinking about doing wrong may well (indeed, is likely to) have no intention of leaving the CDS any time soon. So, the punishment of withholding th escrow will be [i:2z29z8cr]ineffective[/i:2z29z8cr], as it will not put the person in any worse of a position: if the person stays in the CDS, the CDS keeps the money; if the person does wrong, and loses the escrow, the CDS keeps the money. It makes no difference either way.

Land, conversely, is another thing entirely. Not only do people often have a very real personal attachment to their land, but it can be of considerable economic and social value to them. Although objects can be stored in an inventory, the layout of multiple objects in relation to land cannot, and there is, therefore, a potentially considerable value in the arrangement of objects upon land. That is an ongoing value, one which is being exploited by the citizen during the course of citizensip rather than, as with a bond, only capable of being exploited on leaving. Furthermore, a businessperson owning land is likely to have accumulated a significant amount of business goodwill. The customers will know where the shop is, and go there (and tell their friends to go there, and have their landmarks set to there), rather than anywhere else. If the shop suddenly disappears, or moves, without giving any indication in the place from which it has moved where it has gone, a significant number of customers may go and not come back again. Even if they do come back, it is likley to be after the passage of a significant amount of time during which revenue is lost. Therefore, taking [i:2z29z8cr]land[/i:2z29z8cr] away from a person is a far, far more effective punishment than merely not giving a person back money that the person would probably never have considered getting back, and may well have forgotten about entirely.

A further problem with having many citizens without land is that it substantially reduces the effectiveness of our enforcement. Firstly, how does one tell who is a citizen and who is not? It is easy if all citizens have land: one can just go to their land and see who owns it. With the system that you propose, people would have to go out of world and check a website (assuming that it is kept up-to-date), which fewer would be inclined to do. More importantly, however, if most citizens had land, but not under the CDS jurisdiction, then our aim of creating a distinctly CDS [i:2z29z8cr]territory[/i:2z29z8cr] would be defeated. The benefit of a distinctly CDS territory is that there would be an ever-growing area in which people could rely on the fact that, in that area, our laws were enforced. "This is part of the CDS, and these people have to follow the CDS laws, or else they may be banished from here" is a far more powerful thing than "Some of these people claim to be members of some club who will throw them out and not give them their membership fee back if they do something that's against the club rules".

It might very well be the case that it is attractive to prospective citizens that they will enjoy all the advantages, seemingly, of being a member of the CDS, without much of the responsibility, but, for the reasons outlined above, there are far, far stronger reasons why we should not do it.

If it is our aim - as it always has been so far, and I very much hope that it will always be - to carve out in SecondLife a true nation, with democratic values, in which law and order prevails, then we must resist the temptation to abandon the idea of creating and expanding territory, and reducing ourselves to a members' club for dispute resolution. We are, and have always striven to be far more than that - what we are seeking to do, that is, bring democracy, law and order substantial parts of SecondLife, cannot be done without a distinctive territory, however attractive that it might be for some people to join us without having to face the possibility that, if they do wrong, they might lose their land and their business, instead of some money that they never really expected to see again in any case.

[quote:2z29z8cr]If you took the time to read the Constitution and imagine how it would work, each and every one of your questions here would be answered.[/quote:2z29z8cr]

I have asked very many questions - many of them are about why you want to do this, not what you want to do. The text of your amendment is only capable of answering the latter. I listed in [url=http://forums.neufreistadt.info/viewtop ... 0:2z29z8cr]another thread[/url:2z29z8cr] all the questions that you have still failed to answer. In respect of each of those questions, where, precisely, in what you have already written is it answered?

[quote:2z29z8cr] The Legislature would have the power to create and change any laws that would apply to the whole CDS. I could definitely see the Legislature adopting a well thought-out system like the one you have proposed, making the presence of such a system in Nstadt redundant. The CDS as I have proposed it would have its own court system, but member governments would be free to have additional court systems to interpret whatever local laws they had.[/quote:2z29z8cr]

This is the part that makes no sense. We currently have a legislature, an executive and a judiciary that have been designed with a great deal of care, and adjusted and refined over a number of years of our operation. As things stand now, they are the legislature, executive and judiciary of the Confederation of Democratic Simulators.

What you are proposing is that local areas within the Confederation of Democratic Simulators be granted some degree of autonomy (you have not specified precisely what degree). Nonetheless, you envisage a over-arching legislature, executive and judiciary that has power over those local areas. You envisage, as I do, two levels of government: local and national. What you have so far failed to explain, despite me having asked you to do so time and time again, however, is [i:2z29z8cr]why[/i:2z29z8cr] you think that the constitution that you propose above ought be the one that is the constitution of the national government, rather than the constitution that we have now? What precise additional freedoms do you think that that would give local areas, over and above a system in which our current government, with our current constitution, [i:2z29z8cr]is[/i:2z29z8cr] the national government, do you think that this would give local areas in practice, and, in respect of each of those freedoms, why do you think that it is desirable?

That issue is not one that is capable of being answered merely by looking at the text of your proposal, so simply referring to that is incapable of amounting to an answer.

Last edited by Ashcroft Burnham on Mon Oct 16, 2006 11:36 am, edited 1 time in total.
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Post by Ashcroft Burnham »

[quote="Gxeremio Dimsum":1m38blav]Good and important questions. The overarching govt becomes the way for meaningful interaction between member governments to become possible. It is:
A) The arbiter of disputes.
B) The enforcer of contracts.
C) The clearinghouse for information on citizens' bonds to the CDS. (If you want to enter a contract with someone you can see the minimum amount of damages you could get in a dispute).
D) The "national identity" for at-large citizens (NB: this broadens the number of people with whom enforceable contracts are possible).
E) Whatever else the member governments and citizens want it to be.

The CDS is actually not the land fee collector. That remains with the local governments.[/quote:1m38blav]

Do you envisage a single estate owner for the whole of the over-arching organisation? If not, how will enforcement on a national scale work?

[quote:1m38blav]As I have said before, the Constitution of Nstadt remains the Constitution of Nstadt. One way to think of this is, what kind of overarching organization would Nstadt want to join if some other group had started it? [/quote:1m38blav]

Certianly not the one that you propose - its constitution is far too vague. We have spent months working out the details of a judicial system in our own constitution - why on earth would we want to surrender the bulk of judicial power to an institution whose constitutiuon has one short paragraph on the judiciary that tells us nothing about how it will work except that its independence will be critically compromised by being appointed by the executive?

[quote:1m38blav]In my proposal, the Legislature has the power to levy fees which could mean equal amounts from each member government, equal amounts from each citizen of the CDS, or differentiated amounts from each citizen or member government based on whatever criteria was chosen.[/quote:1m38blav]

Our legislature has that power too. What does what you suggest add?

[quote:1m38blav]I have tried to suggest a possible way to balance power in this proposal - direct election of Executive, both other branches having a say in the installment of Judiciary[/quote:1m38blav]

We have spent an entire month debating about how judges should be selected, and, eventually, after an enormous amount of hard work, come up with a very finely balanced and carefully created system. Why on earth are you now suggesting that, for the bulk of the real judicial work (private law, enforcement of contracts), that should be swept away and be replaced by a crude, ill-conceived system that relies on the executive, or any other politically-invested body?

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Post by Gxeremio Dimsum »

[quote="Ashcroft Burnham":3aam6s3l][quote="Gxeremio Dimsum":3aam6s3l]I do not oppose it in principle. I also think that given a choice between creating a franchulate and becoming an at-large citizen of the CDS, most people would choose the latter.[/quote:3aam6s3l]

Why?[/quote:3aam6s3l]

1) Because, under my proposal, they do not have to own land or pay land fees to confidently do business with other citizens of the CDS.
2) Because, under my proposal, they have representatives in the Legislature whose constituency is composed entirely of at-large citizens.
3) Because, under your proposal, they would be handing something over (their land), while under mine they do not.

[quote="Ashcroft Burnham":3aam6s3l]I have asked very many questions - many of them are about why you want to do this, not what you want to do. The text of your amendment is only capable of answering the latter. I listed in [url=http://forums.neufreistadt.info/viewtop ... 0:3aam6s3l]another thread[/url:3aam6s3l] all the questions that you have still failed to answer. In respect of each of those questions, where, precisely, in what you have already written is it answered? [/quote:3aam6s3l]

I do intend to answer those questions in detail this afternoon. I have been snatching moments here at work to deal with shorter topics.

[quote="Ashcroft Burnham":3aam6s3l][quote="Gxeremio Dimsum":3aam6s3l] The Legislature would have the power to create and change any laws that would apply to the whole CDS. I could definitely see the Legislature adopting a well thought-out system like the one you have proposed, making the presence of such a system in Nstadt redundant. The CDS as I have proposed it would have its own court system, but member governments would be free to have additional court systems to interpret whatever local laws they had.[/quote:3aam6s3l]

This is the part that makes no sense. We currently have a legislature, an executive and a judiciary that have been designed with a great deal of care, and adjusted and refined over a number of years of our operation. As things stand now, they are the legislature, executive and judiciary of the Confederation of Democratic Simulators.

What you are proposing is that local areas within the Confederation of Democratic Simulators be granted some degree of autonomy (you have not specified precisely what degree). Nonetheless, you envisage a over-arching legislature, executive and judiciary that has power over those local areas. You envisage, as I do, two levels of government: local and national. What you have so far failed to explain, despite me having asked you to do so time and time again, however, is [i:3aam6s3l]why[/i:3aam6s3l] you think that the constitution that you propose above ought be the one that is the constitution of the national government, rather than the constitution that we have now? What precise additional freedoms do you think that that would give local areas, over and above a system in which our current government, with our current constitution, [i:3aam6s3l]is[/i:3aam6s3l] the national government, do you think that this would give local areas in practice, and, in respect of each of those freedoms, why do you think that it is desirable?

That issue is not one that is capable of being answered merely by looking at the text of your proposal, so simply referring to that is incapable of amounting to an answer.[/quote:3aam6s3l]

Actually, Ashcroft, here's another way to look at it: we have a local government that you would like to make a national government. There is no provision for local governments in your plan. What unique rights would Nstadt keep in the CDS, if any? What if tomorrow, 40 sims became franchulates and then sought to change everything about Nstadt? What is gained by that?
I have repeatedly specified example of autonomy that are not under your system: the ability to choose how reps to the national govt will be elected and when, the ability to set unique land fees and raise taxes locally, to choose the requirements for citizenship in the sim, and to create additional local laws and systems to carry them out (courts, executive, etc.).

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Post by Gxeremio Dimsum »

[quote="Ashcroft Burnham":25l97q4o]
Do you envisage a single estate owner for the whole of the over-arching organisation? If not, how will enforcement on a national scale work?[/quote:25l97q4o]

No. Individual member governments would hold their own estates. Enforcement works via bonds of citizenship and good faith among member states, as well as a procedure for terminating involvement in the CDS. It is hard to imagine a situation under this proposal in which the CDS would be left without recourse in a bad situation.

[quote="Ashcroft Burnham":25l97q4o]
Certianly not the one that you propose - its constitution is far too vague. We have spent months working out the details of a judicial system in our own constitution - why on earth would we want to surrender the bulk of judicial power to an institution whose constitutiuon has one short paragraph on the judiciary that tells us nothing about how it will work except that its independence will be critically compromised by being appointed by the executive?[/quote:25l97q4o]

I do not intend to weaken the judicial system. The elements that have been worked out are admirable. My hope is that the Legislature would make adoption of such legislation one of their first actions. In all likelihood, the legislation that has made it through the months of discussion here would be their starting point. The point is to make sure that the national government is the one doing the setting up of such a system, and not a local government. It is not an emergency to suspend the establishment of this system for a few weeks - in fact, the system that was approved two weeks has yet to set up any actual judges, as I understand it.

[quote="Ashcroft Burnham":25l97q4o][quote="Gxeremio Dimsum":25l97q4o]In my proposal, the Legislature has the power to levy fees which could mean equal amounts from each member government, equal amounts from each citizen of the CDS, or differentiated amounts from each citizen or member government based on whatever criteria was chosen.[/quote:25l97q4o]

Our legislature has that power too. What does what you suggest add?[/quote:25l97q4o]

The current Constitution of Nstadt says, "The RA sets taxation rate and the city budget. " The proposal for the CDS Constitution says, "The Legislature shall have the power to levy fees..." These may seem similar, but in their practice what it has meant is that the RA sets the taxes for land use, and nothing more. Also, as Fernando has pointed out, it says "city budget."

[quote="Ashcroft Burnham":25l97q4o][quote="Gxeremio Dimsum":25l97q4o]I have tried to suggest a possible way to balance power in this proposal - direct election of Executive, both other branches having a say in the installment of Judiciary[/quote:25l97q4o]

We have spent an entire month debating about how judges should be selected, and, eventually, after an enormous amount of hard work, come up with a very finely balanced and carefully created system. Why on earth are you now suggesting that, for the bulk of the real judicial work (private law, enforcement of contracts), that should be swept away and be replaced by a crude, ill-conceived system that relies on the executive, or any other politically-invested body?[/quote:25l97q4o]

The powers of the Judiciary and the Executive are separate and succinctly defined in my proposal. Every body of government is politically invested to some degree, whatever the system is. The balance of the system for Nstadt that was passed 2 years has not, in fact, been tested. While it seems like a fine system, calling it finely balanced seems premature. And again, I'm not seeking to sweep away anything. I'm trying to help create something useful.

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