Proposed Amendments: Powers of the Courts and the Supremacy of Federal Law
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  Proposed Amendments: Powers of the Courts and the Supremacy of Federal Law
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Author Topic: Proposed Amendments: Powers of the Courts and the Supremacy of Federal Law  (Read 1115 times)
Defarge
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« on: November 07, 2004, 08:30:26 AM »

I hereby propose to the Senate these two amendments in an attempt to address the current constitutional crisis. I thank the newly confirmed Attorney General, Peter Bell for writing both of these amendments.  I also urge my fellow senators to look at the Senatorial Powers Amendment, proposed by Senator Stevenick here:
https://uselectionatlas.org/FORUM/index.php?topic=11926.0

This amendment, in whatver form, must also be passed in order to solve the legal problems confronting Atlasia.

Supreme Court Jurisdiction and Authority Amendment[/u]

1. Article III Section 2 of the Constitution is hereby repealed.

2. No Court within the Forum, State, Regional or Federal, shall rule on a case unless the plaintiff shall have legal standing.

3. The Supreme Court shall be the sole body in the Forum with the authority to nullify or void federal laws.

4. The Supreme Court shall only be able to nullify or void a law in the event that the law explicitly contradicts the Constitution.

----

Supremacy of the Constitution and Federal Law Amendment[/u]

1. The Constitution is the Supreme Law of the Land. All other forms of law are inferior to it.

2. Amendments to the Constitution are for all intents and purposes a part of the Constitution.

3. All federal law passed by the Senate is superior to any law or Constitution of the various Regions and States, as long as the said law is authorised by the Constitution.
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Nym90
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« Reply #1 on: November 07, 2004, 09:23:30 AM »

I support these Amendments.
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Bono
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« Reply #2 on: November 07, 2004, 10:15:37 AM »

Sections 3 of both ammendments raise a problem. Altough federal law that mandates federal agencies can be placed above regional law, it should be added that the federal governmenr cannot make any law to constraint any region to do anything. It can only offer incentives.
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Peter
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« Reply #3 on: November 07, 2004, 10:29:19 AM »

Sections 3 of both ammendments raise a problem. Altough federal law that mandates federal agencies can be placed above regional law, it should be added that the federal governmenr cannot make any law to constraint any region to do anything. It can only offer incentives.

Section 3 of the Supremacy Amendment makes it quite clear that only Laws authorised by the Constitution have supremacy over the regional laws and constitutions. Therefore the only way a federal law can order a region to do anything is if the Constitution has explicitly authorised the federal Senate to be able to pass such a law. That all comes back to the Senate Enumerated Powers Amendment.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #4 on: November 07, 2004, 10:55:16 AM »

That too is my understanding, but in my final proposal for a Powers amendment (just posted), I included a specific restriction as an additional safeguard.
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