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 5099 times)
KEmperor
Junior Chimp
*****
Posts: 8,454
United States


Political Matrix
E: 8.00, S: -0.05

« on: November 01, 2004, 09:25:29 PM »
« edited: November 01, 2004, 09:28:33 PM by AFCJ KEmperor »

We, the Supreme Court of Atlasia, find Governor Ernest [of South Carolina]'s actions are within the terms outlined in the Atlas Constitution. We find all federal law put forward by the government as Constitutionally inept and open to debate by regional authorities. No clauses in our Constitution or its amendments state that a federal act regarding any matter [that is unrelated to electoral oversight] can supercede a regional action.

Further support of this decision is based upon Clause 14 of the Civil Liberties Amendment:  "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

Barring a constitutional amendment stating that federal laws are binding in the regions, and also specifically spelling out what the Senate has the power to legislate on, all federal laws are essentally "suggestions" that the regional governments can or cannot accept as they so please.

This decision has been certified by Justices KEmperor, King and DemRepDan.
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KEmperor
Junior Chimp
*****
Posts: 8,454
United States


Political Matrix
E: 8.00, S: -0.05

« Reply #1 on: November 01, 2004, 09:44:21 PM »

And one year after it's creation, Atlasia's fall begins. The moment we decentralise, we lose it.If Dan was the father of out constitution, Ernest may well bet's Grim Reaper.

IF the Senate passes a Constitutional Amendment stating that all laws set forth by the federal government overrule any regional law. This ruling would be nullified. Smiley

So Senators of the 4th Congress, get on your butts and start amending!

It can't just be a supremacy clause though.  It must actually spell out what powers the Senate has the power to legislate on.  (See Article I, Section 8 of the US Constitution)
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KEmperor
Junior Chimp
*****
Posts: 8,454
United States


Political Matrix
E: 8.00, S: -0.05

« Reply #2 on: November 04, 2004, 08:12:13 AM »

You're right about Clause 3 Fritz.  But it's contradicted by Clauses 1 and 2.  So either way, we would have been screwed whenever we rule on a case.

If you actually read the decision Fritz, you will realize that we were exactly correct on the fact that with the passage of the Civil Liberties Amdt., the Senate has no power to pass laws concerning anything except concerning elections and the rights of voters.  The Constitution never really gave it any to begin with.  It was always implied.  But with the passage of the Civil Liberties Amendment, they were explicitly taken away.

One of the reasons we did what we did was so that this Senate would stop passing Constitutional amemdments like they're just new laws.  A Constututional amendment is actually quite serious, and shouldn't be done unless absolutely necessary.  I advise everyone to remember that in the future.

So impeach us if you wish, all we were doing was trying to enforce the Constitution YOU provided us to work with.
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KEmperor
Junior Chimp
*****
Posts: 8,454
United States


Political Matrix
E: 8.00, S: -0.05

« Reply #3 on: November 05, 2004, 01:48:49 AM »
« Edited: November 05, 2004, 02:05:08 AM by AFCJ KEmperor »

If you actually read the decision Fritz, you will realize that we were exactly correct on the fact that with the passage of the Civil Liberties Amdt., the Senate has no power to pass laws concerning anything except concerning elections and the rights of voters.  The Constitution never really gave it any to begin with.  It was always implied.  But with the passage of the Civil Liberties Amendment, they were explicitly taken away.

One of the reasons we did what we did was so that this Senate would stop passing Constitutional amemdments like they're just new laws.  A Constututional amendment is actually quite serious, and shouldn't be done unless absolutely necessary.  I advise everyone to remember that in the future.

Which section of the Civil Liberties Amendment explicitly repeals the Senate's authority to pass law?  If you are referring to clause 14, that is an explicit copy of Amendment 10 in the United States Constitution (right down to using the word "states" instead of "regions").  No court has ever suggested that Amendment 10 explicitly takes away Congress's ability to make law.  I still do not follow your logic here.


The reason it doesn't in the real world is because in the real world Congress's powers are spelled out in the constitution(Coin money, fund armies, ratify treaties, etc.).  The 10th amendment says that any powers not given to the Federal Goverment in the Constitution are retained by the States or the people.  But the Congress is given powers in Article I, Section 8; so they can still make laws based on those powers.

The problem we have in our fantasy constitution is that there are NO legislative powers spelled out in our constitution, except for those that apply to election law.  This was not really a problem until we passed the amendment that said that any powers not given to the Senate go to the States(Regions) or the people.  Now, we have the bizzare situation where the Senate has been given NO explicit powers to make law other than election law, and at the same time having an amendment that says that any powers not given to it, it doesn't have.

Do you understand the problem?
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KEmperor
Junior Chimp
*****
Posts: 8,454
United States


Political Matrix
E: 8.00, S: -0.05

« Reply #4 on: November 05, 2004, 02:04:11 AM »

Well, since you put it that way...

Article I, Section 5, Clause 5. The Senate may pass a bill for the purpose of making laws, or a resolution for the purpose of declaring war, a majority of the Senators voting concurring. But all such bills and resolutions shall first be submitted to the President before taking effect; and the President may either declare his or her approval or veto it. If the President approves, or if he or she neither approves nor vetoes the bill or resolution within seven days, the bill or resolution shall take effect. But if he or she shall veto it, the bill or resolution shall be of no effect unless the Senate shall vote, two-thirds of the Senators concurring, to override the President's veto.



Doesn't that explicitly give the Senate power to make laws?Huh
 

Yes, they can pass laws.  But the only powers spelled out refer to electoral matters.  This means that they have the power to pass laws only with regard to electoral matters. 
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KEmperor
Junior Chimp
*****
Posts: 8,454
United States


Political Matrix
E: 8.00, S: -0.05

« Reply #5 on: November 07, 2004, 03:36:37 PM »

Whereas the Senate is currently considering amendments to the Constitution which will render this ruling moot, I ask the Court to renew its ban upon any executions being carried out in the Southeast region.

Having reviewed all the proposed amendments to the Constitution currently under consideration by the Senate, I see no power to legislate with regard to Regional criminal justice in any of the proposed amendments.  Therefore, unless the Senate passes a constitutional amendment concerning this, the decision that the Senate has no power to regulate captial punishment in the Regions stands.
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