[Shelved] Remove All Fascists Amendment

[Lord Dominator]

Article 6 of the Constitution shall be amended as follows:

13. Procedures to fill vacancies and absences in constitutionally-mandated elected offices and the Security Council may be established by law.
14. No individual identifying as a fascist, holding to the ideology of fascism, or promoting either of the former shall be allowed to be or become a resident or citizen.
15. No law or government policy may contradict this constitution.

I intend this to fix any potential BoR problems with legislation like Pallaith’s proposal by explicitly laying out constitutional justification for prohibiting fascists from being citizen. Additionally, it provides legal basis for removing fascists from the region. I recognize that it may be legally complicated to strip citizenship like this, so I am open to amending it solely to removing residents (which accomplishes the same, just slower).

I don’t particularly know how to do markup, so I just bolded my changes.

Thoughts of any kind, including if this is a completely unnecessary complement to something like Pallaith’s legislation?

 

[Pallaith]

Minor point before I do a deeper dive on my take on it, if you're amending the constitution this is not an Act, it's an Amendment.

 

[Lord Dominator]

Ah, fair enough. I will edit that

 

[Lord Dominator]

So based on a convo on the Discord, I have a couple different related ideas to workshop more explicitly removing the rights of fascists.

1. Is to simply edit the BoR bit in Section 1 of the Constitution to exclude fascists in their entirety.

2. Is to add a section stripping most rights, except those related to the possibility of ban appeal, for the hypothetical where someone overzealously goes after fascism and goes too far. Whether this is needed strictly given the ability to recall the person going too far and simply letting the individual back in.

Additionally, I have plans to make minor edits to my existing amendment up above, once I’ve worked out a better wording.

 

[Blue Wolf II]

2. Is to add a section stripping most rights, except those related to the possibility of ban appeal, for the hypothetical where someone overzealously goes after fascism and goes too far. Whether this is needed strictly given the ability to recall the person going too far and simply letting the individual back in.

As I said on Discord, the degree this law can be abused, especially in its current form, is massive.

There is no legal definition of "fascism" or "fascist" so the delegate can just make that call based upon whatever. Legally, the best way to remove their resident status is to ban them, so the delegate can legally declare anyone a fascist with the flimsiest of justifications and ban them. Sure, they can appeal, but that requires the Courts to side with them. Also, fun fact, even if the courts do rule the banning to be unjustified, there is no consequence except that the nation needs to be unbanned. Also as a side note, there is no defined legal consequence for just, you know, not unbanning said nations.

So basically you can legally ban half the Security Council in a single go by just declaring them to be "fascists" and the only real legal recourse the region has is to try and recall the delegate. Good luck, and all that.

There is definitely room for improvement.

 

[Cretox]

An interesting solution; I don't see any certain contradiction with existing law at the moment. In its current form, this amendment would require that fascist nations not be allowed to become residents. A resident is any nation residing in TNP. Would this necessitate preemptive banning of any potentially fascist nation? What about nations that found here? Perhaps the wording could be tweaked.