Decision: Atlasia v. StatesRights
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  Decision: Atlasia v. StatesRights
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Author Topic: Decision: Atlasia v. StatesRights  (Read 2190 times)
KEmperor
Junior Chimp
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« on: April 30, 2005, 02:18:28 PM »

In the case of Atlasia v. StatesRights, we find there are two main issues to be addressed:

Firstly, does the Governor of a region have the power to nullify a federal law, if he believes it to be in violation of the Constitution?  We find the answer to be unequivocally no.  Article III, Section 1, Clause 3 says that “The Supreme Court shall be the sole body in the Forum with the authority to nullify or void federal laws.”  The regional governments do not have the power to do this.  This also extends to Southeastern Magistrate Jake’s action to prohibit the issuance of marriage licences to same-sex couples.  Article IV, Section 3, Clause 1 states that “This Constitution and the Laws of the Republic of Atlasia which shall be made in Pursuance thereof, shall be the Supreme Law of the Land…”  No region may take any action that contradicts a federal law.  Therefore we rule Jake’s actions unconstitutional, and we strike his order prohibiting the issuance of marriage licences to same-sex couples.

Second is the issue of whether the Marriage Equity Act itself is constitutional.  Article I, Section 5, Clause 5 states that the Senate has power “To establish uniform rules of…Marriage and Divorce…throughout the Republic of Atlasia.”  Article VIII, Section 1, Clause 5 states that “All Legislation and Judicial Rulings not inconsistent with this Constitution passed prior to the Adoption of this Constitution shall remain in full force, unless superceded by subsequent legislation or Judicial Rulings.”  Clearly the Senate is granted the power to legislate with regard to marriage, and all laws passed under the old Constitution are valid under the new one, as long as they don’t conflict with it.  It is not the place of this Court to define marriage; that power lies with the Senate itself.  The Senate is granted the power to define marriage as they see fit, as long as it does not infringe upon the rights of others. 

Therefore, we find the Marriage Equity Act constitutional, and the actions of both the Governor and the Southeastern Magistrate to be unconstitutional.  However, since the Marriage Equity Act is a federal law, and the power to regulate marriage is a Federal power, a region may decide to opt out of issuing marriage licenses altogether, and allow the federal government to be the only licensing agency within its borders.  The federal government can not force the regions to take part, though they may if they wish to do so. The regions may choose whether or not to issue marriage licenses, but if they choose to do so they must issue all valid federal licenses."

--This decision is certified by Justices KEmperor, John Dibble, and Ernest.
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Bono
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« Reply #1 on: April 30, 2005, 02:20:33 PM »

I'm sorry. I've let you all down
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Sam Spade
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« Reply #2 on: April 30, 2005, 02:48:55 PM »

Not necessarily a surprise.  I hope that all Regions will back down from their saber-rattling as soon as possible.
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King
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« Reply #3 on: April 30, 2005, 03:05:50 PM »

Not necessarily a surprise.  I hope that all Regions will back down from their saber-rattling as soon as possible.

Only the SE has been 'saber-rattling'.
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The Duke
JohnD.Ford
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« Reply #4 on: April 30, 2005, 03:09:13 PM »

An airtight decision.
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12th Doctor
supersoulty
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« Reply #5 on: April 30, 2005, 05:04:23 PM »

A fair and wise decision by the courts.  My compliments to you all.
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??????????
StatesRights
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« Reply #6 on: April 30, 2005, 05:38:05 PM »

I will be drafting a resolution for an oridinance to all southern states.

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12th Doctor
supersoulty
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« Reply #7 on: April 30, 2005, 06:04:19 PM »

I will be drafting a resolution for an oridinance to all southern states.



And what will this ordinance entail exactly?
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Colin
ColinW
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« Reply #8 on: April 30, 2005, 07:14:54 PM »


Mr. Spade, I have that phrase copyrighted. Smiley

Seriously though this is a good and thoughtful decision from the courts.
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Joe Republic
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« Reply #9 on: April 30, 2005, 08:17:40 PM »

Good decision.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #10 on: April 30, 2005, 08:19:03 PM »

I will be drafting a resolution for an oridinance to all southern states.



And what will this ordinance entail exactly?

Much the same as the one of 20 December 1861 no doubt. Sad
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Emsworth
Junior Chimp
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« Reply #11 on: April 30, 2005, 08:21:14 PM »

I commend this decision of the Supreme Court.
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??????????
StatesRights
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« Reply #12 on: April 30, 2005, 08:30:37 PM »

I commend this decision of the Supreme Court.

Why? It's a one sided tyrannical judgement. They didn't even ask me to defend myself or my actions. I see how justice here works. These judges are acting like tyrants and should be impeached or 'removed' from the bench.
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Colin
ColinW
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« Reply #13 on: April 30, 2005, 08:31:54 PM »

I commend this decision of the Supreme Court.

Why? It's a one sided tyrannical judgement. They didn't even ask me to defend myself or my actions. I see how justice here works. These judges are acting like tyrants and should be impeached or 'removed' from the bench.

Thank you Representative De Lay.
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KEmperor
Junior Chimp
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« Reply #14 on: April 30, 2005, 08:32:09 PM »

I commend this decision of the Supreme Court.

Why? It's a one sided tyrannical judgement. They didn't even ask me to defend myself or my actions. I see how justice here works. These judges are acting like tyrants and should be impeached or 'removed' from the bench.

That is completely false.  I contacted you SEVERAL times with the time and date of the trial, and told you to prepare to defend yourself.  You never responded.  Bono represented you at the trial and argued on your behalf.  Don't give me that nonsense.
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??????????
StatesRights
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« Reply #15 on: April 30, 2005, 08:41:54 PM »

I commend this decision of the Supreme Court.

Why? It's a one sided tyrannical judgement. They didn't even ask me to defend myself or my actions. I see how justice here works. These judges are acting like tyrants and should be impeached or 'removed' from the bench.

That is completely false.  I contacted you SEVERAL times with the time and date of the trial, and told you to prepare to defend yourself.  You never responded.  Bono represented you at the trial and argued on your behalf.  Don't give me that nonsense.

Well, I haven't talked to Bono so I wasn't sure if he made it or not. Well then good.
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Emsworth
Junior Chimp
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« Reply #16 on: April 30, 2005, 08:58:22 PM »

I commend this decision of the Supreme Court.
Why? It's a one sided tyrannical judgement.
I find it startling that you could ignore so clear a constitutional provision as one that explicitly states that the federal government has jurisdiction over marriage. With respect, I find that this decision is based on sound constitutional principles, not on the parochial views of a narrow faction.
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2952-0-0
exnaderite
Junior Chimp
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« Reply #17 on: May 01, 2005, 03:53:39 AM »

I will be drafting a resolution for an oridinance to all southern states.


Hey, that's the flag of Somalia!!! Are you meaning that Atlasia will tumble into anarchy like that?? *shudders*
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??????????
StatesRights
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« Reply #18 on: May 01, 2005, 05:59:17 AM »

I will be drafting a resolution for an oridinance to all southern states.


Hey, that's the flag of Somalia!!! Are you meaning that Atlasia will tumble into anarchy like that?? *shudders*

That's the Bonnie blue flag.
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John Dibble
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« Reply #19 on: May 01, 2005, 08:09:55 AM »

I will be drafting a resolution for an oridinance to all southern states.


Hey, that's the flag of Somalia!!! Are you meaning that Atlasia will tumble into anarchy like that?? *shudders*

Close, but not quite - Somalia uses light blue.
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