Challenge to election administrator nomination (user search)
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  Challenge to election administrator nomination (search mode)
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Author Topic: Challenge to election administrator nomination  (Read 731 times)
Poirot
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Posts: 3,525
Canada


« on: June 25, 2016, 10:08:38 PM »

I am asking the Supreme Court to invalidate the "confirmation" of the election administrator Tmthforu94 that took place June 23th-24th because it was done by the House and it should be a power of the Senate. The confirmation didn't follow the process and the nominee should not have the right to act as election administrator.

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Poirot
YaBB God
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Posts: 3,525
Canada


« Reply #1 on: June 26, 2016, 01:48:41 PM »

Even if the House had the power to conform someone running elections, I don't think the election administrator had a majority of votes for confirmation when he acted in that authority in opening the booth.
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Poirot
YaBB God
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Posts: 3,525
Canada


« Reply #2 on: June 26, 2016, 11:26:05 PM »

To add to what Yankee said, Article III of the Constitution clearly states that the confirmative power is a general power of Congress, not exclusive to the Senate (I made this mistake myself a few days ago in regards to the GM). While the Senate has the exclusive power to confirm the heads of executive departments, the post to which Tmth was appointed ("Emergency Election Administrator") is not part of the cabinet. Thus, the House was fully within its rights to confirm him.

That part of Section III of the constitution came from the vote on what should be federal powers vs what is left to regions. It's there because it's a federal power, not because the President can choose which house he prefers to have the hearing. Power of Congress could mean both legislative bodies.

Section IV speaks of The President appointing officers with the consent of the Senate.
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Poirot
YaBB God
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Posts: 3,525
Canada


« Reply #3 on: June 28, 2016, 12:08:54 PM »

The nomination is to give someone the role and powers of the Secretary of Federal Elections, opening and operating an election. It's an important role. I think it's always been considered part of Cabinet, an executive position.

Maybe the Senate could always be easily by-passed for confirmation. Instead of nomination an Attorney General, you name a "prosecutor" with the same role and powers and say it's not really an executive position.
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