Computer89 v. The Atlasian Senate

[ilikeverin]

How do you think the Senate would effectuate this part of the clause:

the Senate may adopt rules concerning the discipline and expulsion of its members

What would it look like for the Senate to "adopt rules"? Could the impeachment trial convened by the Senate in this case be said to be an instance of the Senate "adopting rules" that would allow it to expel a member?

[ilikeverin]

How do you think the Senate would effectuate this part of the clause:

the Senate may adopt rules concerning the discipline and expulsion of its members

What would it look like for the Senate to "adopt rules"? Could the impeachment trial convened by the Senate in this case be said to be an instance of the Senate "adopting rules" that would allow it to expel a member?

Given the enumerated discretion of the Senate to adopt its own rules and proceedings, I would imagine that the adoption of rules need not be explicit or even done ex ante, so long as it is sufficiently clear to the Senate as a body what "rules" are being adopted. Past practice or conduct not objected to could implicitly create the adoption of rules.

To that end, I don't think there is a constitutional bar to implicitly "adopting rules" that structure an expulsion like an impeachment trial, so long as the impeachment-specific penalties that go beyond the scope of the Senate's powers do not attach in the end (i.e. ban on running for offices under the Atlasian Constitution). If the Senate meant the impeachment as a simple expulsion, then I think that expulsion would be valid, but I can't speak for the Senate on this front.

I would also be very curious to hear the Senate's thoughts about that issue rather than having you conjecture about them. *clears throat, stares expectantly at the blank space where the Senate should have someone*

[ilikeverin]

The Court has determined that if the Senate does not post its brief by end of day Eastern Time on the Second of July, the plaintiff will be declared the winner of this case by default.

This policy shall also apply to all future deadlines for briefs set by this Court unless an extension is explicitly asked for and granted.

Hear, hear!

[ilikeverin]

Same question for you, Lumine, if you please:

How do you think the Senate would effectuate this part of the clause:

the Senate may adopt rules concerning the discipline and expulsion of its members

What would it look like for the Senate to "adopt rules"? Could the impeachment trial convened by the Senate in this case be said to be an instance of the Senate "adopting rules" that would allow it to expel a member?