Welcome to the Second Life Forums Archive

These forums are CLOSED. Please visit the new forums HERE

Proposed Amendment - Referenda and SC veto of constitutional amendments

Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-11-2006 13:34
From: Claude Desmoulins
My contention is that the existence of a mechanism to change the constitution without the consent of the judiciary places an important, albeit rarely used, check on judical authority. Absent such a mechanism, the judiciary (in Neualtenburg the SC) become the de facto rulers of the government because their decisions cannot be appealed or overridden in any way.



They can be impeached.
_____________________
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
04-11-2006 13:36
From: Kendra Bancroft
Sadly. I agree with you.
Actually, it might be more apt to say that I failed.

When we sat down to make a government, one of the primary goals was to create a simple system that protected minorities and wouldn't slowly be undone bit by bit through legislation. In practice however, it seems that humans naturally gravitate to rule by direct democracy, making decisions outside of the governmental structure. In N'burg this can be seen as the group coming to consensus in the forums on a topic and then post hoc formalizing the decision into law. In some cases, decisions made by the N'burg majority that violated the law (or Constitution) were executed nonetheless without ramification.

I have begin to learn that the most important branch in the city is not the RA but the SC. It is the SC that must enforce the structure (Constitution) on the government and protect the rights (Bill of Rights) of the people. Without such enforcement and protection a group such as this will decay into an ad-hoc heirarchical oligarchy or direct democracy.


As long as we're questioning the success of the project, there are other issues too. The expansion is still stymied, the sim and parts of the website are still built on intellectual property it does not own, losses due to exchange rate fluctuations still plauge the city despite laws being passed to solve the situation, there is no infrastructure in place to support the next election. I could go on and on (and actually might). ;)

~Ulrika~
_____________________
Chik-chik-chika-ahh
Sudane Erato
Grump
Join date: 14 Nov 2004
Posts: 413
04-11-2006 14:00
From: Ulrika Zugzwang
The SC is designed to supercede democracy when it enacts laws that are in violation of the founding documents (Constitution and Bill of Rights). It exists to ensure that minorities are protected against the majority regardless of public opinion. I point you to the U.S. Judicial Branch as an example, which can strike down any law at any time regardless of the will of the public or its representatives, if that law violates the U.S. Constitution or Bill of Rights.
Which, of course, is not at all what this thread was about. It is about ammending the Constitution, which in RL the U.S Judicial Branch has no part of.

From: Ulrika Zugzwang
Whoa! Did you just revoke a person's right to visit Neualtenburg because you're afraid they'll commit virtual terrorism? Am I officially on the watch list? :D

In all my years spent on this project I never knew it would come to this. The unraveling of the Judicial system and the banning of foreigners due to threat of terrorism. This project has failed.

~Ulrika~
I appears to me that you attempted to revoke the right of a person to quote your own words, and only your own words, on a subject directly relevant to the appearance of your posts in this thread, with utterly no authority to do so. Except to determine that you could. It appears to me that you have attempted to disrupt an orderly process of considered debate with spurious and inflamatory comments. The Judicial system has not unraveled... quite the contrary... it has thrived since your January departure and engaged for the first time in constructive building and improvement.

Your inflamatory, divisive and destructive words and actions are not "threat of terrorism". In this virtual world, they are indeed terrorism itself. Aliasi's action to physically ban you from the Neualtenburg sim is perhaps not especially relevant... your acts are violence are carried out here in the forum. Think of it as a symbolic gesture.

On January 22 you realized that you had lost any remaining confidence of the citizens of Neualtenburg and you quite appropriately left. Now you have re-appeared with a destructive vengeance in your posts which are the epitome of spitefulness.

I'm sorry, but this project has not failed. You founded a great social experiment, you laid its foundations, and when it grew and proposered, you have tried to destroy it in a jealous rage. We can't ban you from this forum, which I can only pray we could. At least we can take the symbolic step of banning you from the sim.


Sudane
Claude Desmoulins
Registered User
Join date: 1 Nov 2005
Posts: 388
04-11-2006 14:12
From: Kendra Bancroft
They can be impeached.



If that is to be the solution, we all need to come to a common understanding of what constitutes appropriate grounds for impeachment. in RL, it is usually reserved for those who have done something illegal. Currently it is the only way for Neualtenburg's citizens and government to react if they believe the SC is taking the city in the wrong direction.

Are we comfortable with impeachment becoming a tool of city politics?
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
04-11-2006 14:15
From: Sudane Erato
Your inflamatory, divisive and destructive words and actions are not "threat of terrorism". In this virtual world, they are indeed terrorism itself.
Ulrika Zugzwang officially declared a terrorist by an N'burg official. That was a short trip from Thomas Jefferson to Osama Bin Laden let me tell you. So when the history books are written will I be waving a flag or burning a flag? :D

From: someone
You founded a great social experiment, you laid its foundations, and when it grew and proposered, you have tried to destroy it in a jealous rage.
I recall leaving the project due to familial concerns complicated by folks being a pain in the butt, although that could be considered destruction by jealous rage by some. ;)

From: someone
We can't ban you from this forum, which I can only pray we could.
Your prayers would go unanswered because God does not exist.


Anyways, I'm not here to deliver witty retorts to hyperbolic antiterrorist rhetoric (although that's what the fans from General are here to see) rather I broke my hiatus to warn with great seriousness all members of N'burg that the SC is a critically important branch of the government and that its powers should not be weakened. It is for the protection of freedom of speech, freedom of travel, and freedom of thought that it must remain strong -- without it the government official quoted in this very post would have it taken away from a minority.

~Ulrika~
_____________________
Chik-chik-chika-ahh
Dianne Mechanique
Back from the Dead
Join date: 28 Mar 2005
Posts: 2,648
04-11-2006 14:27
Your actions are entirely hypocritical and juvenile.

If someone posted the kind of junk that you are posting now when you were a part of the project you would be calling for their head on a platter.

Sudane says it best:
From: someone
I'm sorry, but this project has not failed. You founded a great social experiment, you laid its foundations, and when it grew and proposered, you have tried to destroy it in a jealous rage. We can't ban you from this forum, which I can only pray we could. At least we can take the symbolic step of banning you from the sim.
As of this morning Neualtenburg was doing just fine, prospering in fact, and everyone was getting along fine.

Now you come and spread all this slanderous crap about the project "failing" and it being "over." How much potential business are you destroying today? How many potential members are you turning away by this childish lashing out? I only wish we could sue you for it.

Neualtenburg has simply outgrown you and the worst thing that could happen for us is for you to come back. I think it's sad that you not only couldn't stay away, but that you feel you have to try to destroy our reputation in a stroke with some venomous posts in the public forum.

Deleting the words of people who dont agree with you is a pretty low thing to do also. You may technically be able to still moderate this forum but you must know you have no moral right to do so.
_____________________
.
black
art furniture & classic clothing
===================
Black in Neufreistadt
Black @ ONE
Black @ www.SLBoutique.com


.
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
04-11-2006 14:39
From: Dianne Mechanique
Your actions are entirely hypocritical and juvenile.

If someone posted the kind of junk that you are posting now when you were a part of the project you would be calling for their head on a platter.

Sudane says it best:As of this morning Neualtenburg was doing just fine, prospering in fact, and everyone was getting along fine.

Now you come and spread all this slanderous crap about the project "failing" and it being "over." How much potential business are you destroying today? How many potential members are you turning away by this childish lashing out? I only wish we could sue you for it.

Neualtenburg has simply outgrown you and the worst thing that could happen for us is for you to come back. I think it's sad that you not only couldn't stay away, but that you feel you have to try to destroy our reputation in a stroke with some venomous posts in the public forum.

Deleting the words of people who dont agree with you is a pretty low thing to do also. You may technically be able to still moderate this forum but you must know you have no moral right to do so.
This to me precisely exemplifies one of the project's fundamental failings.
  1. There is a government official (RA) who just banned a foreigner without precedent and as a member of the SC you have failed to intervene.
  2. You have another government official who labeled this same foreigner a terrorist and as a member of the SC you are not investigating.
  3. You are acting as part of an ad-hoc majority to silence an unpopular minority, instead of protecting freedoms of that very minority.

This is the purpose of the SC! This is why the SC needs to be strong! It does not exist to make cute police outfits but to be the voice of justice and reason.

~Ulrika~
_____________________
Chik-chik-chika-ahh
Briana Dawson
Attach to Mouth
Join date: 23 Sep 2003
Posts: 5,855
oh well
04-11-2006 14:47
So this is what has become of the great government project?

tisk, tisk.

Briana Dawson
Lecktor Hannibal
YOUR MOM
Join date: 1 Jul 2004
Posts: 6,734
04-11-2006 14:50
Heh, where the hell is Kathy at?
_____________________
YOUR MOM says, 'Come visit us at SC MKII http://secondcitizen.net '

From: Khamon Fate
Oh, Lecktor, you're terrible.

Bikers have more fun than people !
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-11-2006 15:01
If Ulrika is banned from Neualtenburg, consider my citizenship revoked. I'll seek asylum elsewhere.
_____________________
Lecktor Hannibal
YOUR MOM
Join date: 1 Jul 2004
Posts: 6,734
04-11-2006 15:02
From: Kendra Bancroft
If Ulrika is banned from Neualtenburg, consider my citizenship revoked. I'll seek asylum elsewhere.

Again, where is Kathy Y? This would be rich with her too.
_____________________
YOUR MOM says, 'Come visit us at SC MKII http://secondcitizen.net '

From: Khamon Fate
Oh, Lecktor, you're terrible.

Bikers have more fun than people !
Mulch Ennui
15 Minutes are Over
Join date: 22 May 2005
Posts: 2,607
04-11-2006 15:17
shit!!!!

and I am all out of popcorn!
_____________________
I have of late--but wherefore I know not--lost all my mirth, that this goodly frame, the earth, seems to me a sterile promontory, this most excellent canopy, the air, look you, this brave o'erhanging firmament, this majestical roof fretted with golden fire, why, it appears no other thing to me than a foul and pestilent congregation of vapours.

http://forums.secondcitizen.com/
Karsten Rutledge
Linux User
Join date: 8 Feb 2005
Posts: 841
04-11-2006 15:26
From: Mulch Ennui
shit!!!!

and I am all out of popcorn!


Yeah, me too, what's up with that?

I always considered Neualtenburg to be a bit of a joke anyway, because there was no real power anywhere. Everyone was just playing government, but the citizens (and even the 'government') has no real power at all. If everyone didn't cooperate and schmooze each other then it can't work anyway, and now we can clearly see what happens to dissenters. It's always nice to see that people can still trash anything by being people, Neualtenburg is now obviously the joke it always was. Play government all you want, you're no different than any other group in SecondLife, drama included. This should be fun!

Edit: Also, labeling someone a 'terrorist' just because they disagree with the 'government' is absurd. I guess that makes pretty much everyone in the world a terrorist at some point. Yay!
_____________________


New products, updates, rants, randomness.
Addictive high-quality games for sale: Greedy Greedy, On-A-Roll, Mancala and the newly released Khet laser strategy game.
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
04-11-2006 15:53
From: Karsten Rutledge
I always considered Neualtenburg to be a bit of a joke anyway, because there was no real power anywhere.
Technically, this is a real government with real power, in that citizens can be banned and have land revoked. It's this social and financial leverage that provides the government with its power over citizens. The amount of power is a function of one's desire to participate in the society and their financial investment in land (which can be large).

From: someone
Edit: Also, labeling someone a 'terrorist' just because they disagree with the 'government' is absurd. I guess that makes pretty much everyone in the world a terrorist at some point. Yay!
Amen.

~Ulrika~
_____________________
Chik-chik-chika-ahh
Aliasi Stonebender
Return of Catbread
Join date: 30 Jan 2005
Posts: 1,858
04-11-2006 15:58
From: Dianne Mechanique

I am not the expert that you are perhaps on political systems, but it seems to me that in most western democracies there is a judicial branch that has the last word on all things constitutional with the exception of the US, where the "executive branch" (basically the presidents office) can overrule.


Untrue, at least where constitutional matters are concerned, not ordinary law. Constitutional amendments, somewhat like the process proposed, are required to be ratified by the states; the Supreme Court has no say on the matter.

Given Neualtenburg is a city, not a superpower, it seems logical to make that citizens.
_____________________
Red Mary says, softly, “How a man grows aggressive when his enemy displays propriety. He thinks: I will use this good behavior to enforce my advantage over her. Is it any wonder people hold good behavior in such disregard?”
Anything Surplus Home to the "Nuke the Crap Out of..." series of games and other stuff
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-11-2006 15:58
I have placed this statue in the Marktplatz in protest.

_____________________
Karsten Rutledge
Linux User
Join date: 8 Feb 2005
Posts: 841
04-11-2006 16:04
From: Ulrika Zugzwang
Technically, this is a real government with real power, in that citizens can be banned and have land revoked. It's this social and financial leverage that provides the government with its power over citizens. The amount of power is a function of one's desire to participate in the society and their financial investment in land (which can be large).


To a point, I agree. The problem is that in SecondLife that's not really true. The only person with actual power is the person who owns the simulator. Everybody else just has a sort of delegated power from that source, and only then to a limited degree. In real life, the government doesn't have the option of just deleting the world, and the citizens have the option of revolting if they so choose. There can be no revolt in SecondLife, assuming one was warranted. Land owners have ultimate rights (the way it should be here) and pretty much anything else is moot. The only real power anyone in Neualtenburg has is to just leave if they don't like it, which I suppose is more than you can say for some real governments, but it's still not any power over Neualtenburg itself. The functions for an actual government just don't really exist in SL.
_____________________


New products, updates, rants, randomness.
Addictive high-quality games for sale: Greedy Greedy, On-A-Roll, Mancala and the newly released Khet laser strategy game.
Aliasi Stonebender
Return of Catbread
Join date: 30 Jan 2005
Posts: 1,858
04-11-2006 16:05
From: Ulrika Zugzwang
The SC is designed to supercede democracy when it enacts laws that are in violation of the founding documents (Constitution and Bill of Rights). It exists to ensure that minorities are protected against the majority regardless of public opinion. I point you to the U.S. Judicial Branch as an example, which can strike down any law at any time regardless of the will of the public or its representatives, if that law violates the U.S. Constitution or Bill of Rights.


But the Judical Branch cannot change the Constitution to suit its whims. It can heavily interpret, and anyone who's a student of the history of United States Law knows the twists and tortures things like the Commerce Clause have been put to to justify the silliest things. What the Supreme Court cannot do is, once an amendment has been put through one of the two procedures in place for passing and ratifying, veto that.

It is true that the United States is hardly the only model for a democracy. But to argue that a "democratic" government should ultimately be allowed to play Big Brother who knows best to the citizens... you've lost me.

From: someone

Whoa! Did you just revoke a person's right to visit Neualtenburg because you're afraid they'll commit virtual terrorism? Am I officially on the watch list? :D

In all my years spent on this project I never knew it would come to this. The unraveling of the Judicial system and the banning of foreigners due to threat of terrorism. This project has failed.


I took a necessarily emergency action. You are not a citizen of Neualtenburg, yet - due to carelessness on the city's part, admittedly - you took it on yourself to delete a post from the forum, and furthermore, you have made the exact threat to delete everything you have made from the sim.

In short, I'm holding you to the same exact standard YOU held Kevn Kline to. If I'm wrong, then shortly Neualtenburg shall have it's first trial and impeachment hearing, eh?
_____________________
Red Mary says, softly, “How a man grows aggressive when his enemy displays propriety. He thinks: I will use this good behavior to enforce my advantage over her. Is it any wonder people hold good behavior in such disregard?”
Anything Surplus Home to the "Nuke the Crap Out of..." series of games and other stuff
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-11-2006 16:07
From: Aliasi Stonebender
I took a necessarily emergency action. You are not a citizen of Neualtenburg, yet - due to carelessness on the city's part, admittedly - you took it on yourself to delete a post from the forum, and furthermore, you have made the exact threat to delete everything you have made from the sim.

In short, I'm holding you to the same exact standard YOU held Kevn Kline to. If I'm wrong, then shortly Neualtenburg shall have it's first trial and impeachment hearing, eh?


I defect.
_____________________
Aliasi Stonebender
Return of Catbread
Join date: 30 Jan 2005
Posts: 1,858
04-11-2006 16:09
From: Kendra Bancroft
They can be impeached.


Until they veto the impeachment itself.
_____________________
Red Mary says, softly, “How a man grows aggressive when his enemy displays propriety. He thinks: I will use this good behavior to enforce my advantage over her. Is it any wonder people hold good behavior in such disregard?”
Anything Surplus Home to the "Nuke the Crap Out of..." series of games and other stuff
Bond Harrington
Kills Threads At 500yds
Join date: 15 May 2005
Posts: 198
04-11-2006 16:17


It needs an icepick in the side of her head. I hate to sound like Prok on this, but this is Ulrika's Trotsky moment.
Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
04-11-2006 16:19
From: Bond Harrington
It needs an icepick in the side of her head. I hate to sound like Prok on this, but this is Ulrika's Trotsky moment.


But it's Aliasi's Sharon Stone moment.
_____________________
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
04-11-2006 16:32
From: Kendra Bancroft
But it's Aliasi's Sharon Stone moment.
Ha ha! You so funny. :D

~Ulrika~
_____________________
Chik-chik-chika-ahh
Ulrika Zugzwang
Magnanimous in Victory
Join date: 10 Jun 2004
Posts: 6,382
04-11-2006 16:40
From: Aliasi Stonebender
But to argue that a "democratic" government should ultimately be allowed to play Big Brother who knows best to the citizens... you've lost me.
Here's a simple example provided by someone just today in the forums (possibly in this thread). While a bill with similar intent would not make it through the Candian legislature, their courts extended the right of homosexuals to marry based on their founding documents. This is what a Judicial Branch does, it does not play Big Brother, rather it interprets the founding documents, which are typically based on shared ideals and moral principles.

From: someone
I took a necessarily emergency action.
General Threat Level has been elevated to RED! Ulrika has been seen in the forums making posts about ideas. ;)

~Ulrika~
_____________________
Chik-chik-chika-ahh
Garnet Psaltery
Walking on the Moon
Join date: 12 Apr 2005
Posts: 913
04-11-2006 16:47
I visit Neualtenburg now and then. I've noticed that since Ulrika's departure it has become refreshed, energised, open and more beautiful. There are new ideas, new buildings, co-operation, a feeling of success and being alive. I'm quite sure this is not co-incidental.
_____________________
1 2 3 4 5 6