Sam Spade v. President Porce

[TomC]

I am willing to recuse myself from this case, or from AWN. Please note Justice Wixted is gone through the 25th, and without me, he would have to be present.

[TomC]

I believe one justice can issue an injunction, with other justices given the right to overrule.

[TomC]

I'd like to hear from both parties whether or not the following constitutional provisions apply to the role of GM. If the president appoints and may remove, does it fall under an executive department? And if so, does the Senate have a right to assign duties? Is this how the Senate assumed it had the authority to specify the budget duties of the GM (by proposing a constitutional amendment)?

Article I, section 5  Clause 28 (Powers of the Senate)

To create the Executive Departments as it may deem necessary and to assign duties to their officers.

Article II, section 1, clause 4

The President shall appoint the Principal Officers of the executive departments who shall constitute the Cabinet, with the advice and consent of the Senate, who shall all be registered voters. The President shall have power to dismiss any member of his Cabinet.

If not "executive department," is it an office at all?

[TomC]

Thank you for your arguments.

It would therefore be the assertion of the plaintiff that without rules, regulations and powers defining the office of the "GM", that with the notable exception of the "GM's" power under Article I, Section 8, that any other statements, scenarios, comments by the "GM" should be considered "suggestions" that the Atlasian citizenry or government may accept or ignore as they please.

Does anyone dispute this part of the argument? As far as I am aware, no GM has ever asserted that he has the ability to force people to listen to his statements and scenarios.

I believe John Ford did imply this in his statement quoted by the President:
"The GM thread is stickied because it is different than all other news threads.  Its [sic] not just some newspaper.  I don't just report the news.  I am the Game Manager, or GM, an official position appointed by the President.  I don't report news, I make it.  I determine the outcomes of all government policy and what our world looks like so the government can act accordingly." 

Ebowed himself said to regulate where the GM comes from would "jeopardize the game." If the GM can be ignored, why is anything in jeopardy?

[TomC]

Unless there is anything else, thanks to all parties. We have already been discussing the case and will continue as we seek to find agreement on these issues. Please be patient as we caarefully consider the arguments.

[TomC]

Sorry for the delay, folks. I've had a very busy week and Colin was out of town last weekend. We have been discussing the case and will issue an opinion in the next several days.

Thanks for your patience.