Supreme Court Ruling: Fritz vs. Ernest (MAJOR CONSTITUTIONAL DECISION!) (user search)
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  Supreme Court Ruling: Fritz vs. Ernest (MAJOR CONSTITUTIONAL DECISION!) (search mode)
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Author Topic: Supreme Court Ruling: Fritz vs. Ernest (MAJOR CONSTITUTIONAL DECISION!)  (Read 5149 times)
Peter
Junior Chimp
*****
Posts: 6,030


Political Matrix
E: -0.77, S: -7.48

« on: November 01, 2004, 10:54:46 PM »

Basically this decision boils down to the fact that Dan did a crap job of writing the Constitution because he left massive loopholes in the following respects:

1. He failed to enumerate the powers of the Senate despite the fact that Article I states "All legislative powers herein granted shall be vested in the Senate of the Atlas Forum." - no such powers are granted.

2. Also Article III Section 2 Clauses 2 & 3 appear contradictory (certainly under this ruling):

Clause 2. The Supreme Court may make any ruling they see fit to uphold the Constitution of the Atlas Forum.

Clause 3. The Supreme Court may only interpret the law, and if they pass any ruling that usurps the Senate’s lawmaking authority, they are guilty of abusing their power and therefore subject to impeachment.

----
Really the entire SC is open to impeachment under Clause 3 but it isn't because it was doing its duty under Clause 2. Basically its ed. I have a solution, give me a 24 hours to solidify it and I will present it to the Senate. BTW, you guys ought to have discussions about impeaching this bench because they have actually contradicted clause 3 in following clause 2. I return to my original point - its ed.
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Peter
Junior Chimp
*****
Posts: 6,030


Political Matrix
E: -0.77, S: -7.48

« Reply #1 on: November 02, 2004, 08:32:00 AM »

He did a great job. Yes there are some problems, but NONE of us spotted them when it was 'open for inspection' so to speak-nobody including yourself. Your're a good bloke, and I like you, but don't beat up on Dan who did so much work because of a problem we ALL missed.

Sorry. May I take this chance to extend my apologies to Dan. I am simply angry at the decision and state of affairs in general - frankly, we didn't need this sort of crisis because passing Constitutional amendments is not the sort of thing we should be doing once a week; Once we have a setup a Constitutional framework, we don't want to change it all the time.

Should I be nominated and confirmed to the post of AG I will establish a Special Commission to review the Constitution and look for inconsistencies within it so that we can nip any potential problems in the bud.
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Peter
Junior Chimp
*****
Posts: 6,030


Political Matrix
E: -0.77, S: -7.48

« Reply #2 on: November 02, 2004, 12:43:42 PM »

Making sure that the Central government doesn't usurp the powers delegated to the individual states isn't a defect. It is made to ensure that the powers of government remain constrained. Now people are immediately hoping to pass an amendment to the constitution to dilute the powers that are given to the regions. This is an exgregious example of the Congress strong arming any opposing body into submission. I hope that the Senate will vote against this amendment and that the people will be smart enough to vote against this amendment should it every come to referenda.

The Court just ruled that the Senate has no power to do anything. We need a constitutional amendment to avoid the Senate becoming a talking shop and all the power actually lying with the Regions. I'm not saying the Regions don't deserve some power, just not all of it.
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