Dwarven Dragon vs Crane, Kaiser (REGIONAL CASE)

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Hello Justice Bacon King,

Today I am filing suit to declare the following executive orders unconstitutional under the Lincoln Constitution:

AN ACT

To dissolve the Lincoln General Court

1. Motivation
a. The Lincoln General Court no longer represents the will of the people of Lincoln.

2. Action
a. With the support of Governor Dave and Speaker Crane, the legislature is dissolved with immediate effect. As an executive branch order, this bill requires no Court approval.

Henceforth, be it enacted.

AN ACT

Declaring the secession and unilateral sovereignty of the People's Republic of Lincoln (formerly the Region of Lincoln.)
An official order dispatched with the authority and knowledge of the Lincoln Executive Office

1. Motivation
a. Due to widespread malaise in Atlasia, demonstrated by legislative apathy and low rates of voter participation, Lincoln would be best served by regulating our own interests. To that end, we have abolished the undemocratic and illegal Lincoln General Court.
b. Lincoln has recruited 100,000 armed volunteers both from inside and outside its borders and currently occupies the area surrounding New York City in both the Hudson Valley and on Long Island. Elite offensive units such as the Bay State Brigade, the Green Mountain Boys, and the Revolutionary Minutemen Front (Bluecoats - militia of the Revolutionary Federalist Party) maintain arms in and around the provisional capitol of Boston.  Thus, Lincoln has sufficient military power to assert our sovereign claims without appeals to the Constitutional process of Atlasia.

2. Action
a. All states within the traditional border of Lincoln -  New York, Pennsylvania, New Jersey, Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island, Vermont, Ohio, Indiana, Illinois, Michigan, and Wisconsin, and the Southern state of Delaware, are immediately and henceforth comprisal of the independent, free, and sovereign People's Republic of Lincoln.
b. All institutions and symbols of the region of Lincoln are immediately transferred to the People's Republic of Lincoln, under the executive authority of Governor KaiserDave, and the legislative authority of the appointed Revolutionary General Committee.

Henceforth, be it enacted.

From the Desk of the Governor

The national assembly of the Lincolnite nation, the General Court, will have business temporarily adjusted and paused while in custody. The high court of Lincoln, in protective custody, will have business temporarily adjusted and paused. The protection of our civil officers is paramount, and there must be a period of civil order to alleviate the current distress. It is for that purpose, business will be adjusted to meet the national climate.

Signed



Governor KaiserDave

---

With respect to the orders issued by Mr. Crane, I assert they are unconstitutional because Speaker Crane had no power to issue them. While it is true the Regional Court has little power over the administration of the legislature, that does not mean the legislature is allowed to flaunt the very provisions of the regional constitution. Further, Speaker Crane did not act in the typical role of a legislative leader. In addition to never being formally introduced, both orders were summarily declared to have been enacted, without any vote of the General Court. Therefore Speaker Crane was not consulting a legislative body and was thus enacting supposed powers alleged to exist outside of the confines of the General Court's SOAP.

The problem is, no such powers exist. The only powers given by the Lincoln Constitution to the Speaker are to be acting governor if the governor is absent, and to be a reserve elections administrator. As Kaiser is clearly not absent given he is issuing orders of his own, and there is no related election, these powers simply don't apply here. Further, the Speaker is flatly not part of the executive branch. The Lincoln Constitution states:

The powers and duties of the executive shall be vested in the governor of Lincoln

Crane is not and was never Governor.

While Crane might claim that he had "support" from the Governor in these orders, there is no evidence that this is actually true. Not only has Kaiser issued orders of his own, suggesting disagreement with those attempted by the Speaker, but he has also not publicly signed off on either of Crane's orders. Further, if there were offsite conversations relating to this, Crane has not produced any evidence of such conversations existing. Even if the Governor's support could be proven however, it is my argument that by vesting the powers of the executive in and only in the Governor, the constitution requires the Governor to be the one to actually post the order.

Therefore both of Crane's executive orders should be declared unconstitutional, as the powers to issue such orders, or any executive orders for that matter, are not and were not his to issue.


--

With respect to the executive order issued by Mr. Kaiser, I believe it is unconstitutional because the Governor has no power to dissolve the Regional or General Court. The Constitution of Lincoln is quite clear on the General Court:

All legislative powers granted herein shall be vested in a General Court.

Not "may", not "when the governor chooses", but "shall be vested". In the past when dissolution was contemplated, it was explicitly stated. For instance the Second Constitution stated provisions such as these:

In addition, the Governor may call a snap election at the request of the Chancellor, be it that the snap election does not occur less than a month before or after a regularly scheduled election.

The Council shall have the power to declare no confidence in the chancellor’s government.

However no dissolution provisions are found in the 3rd constitution, thus it would follow that the power to do so simply does not exist at this time and therefore cannot constitutionally be executed.


While the Governor is granted the power to choose who the justice of the Regional Court will be, he is not able to determine the proceedings of the body. Indeed, the Lincoln Constitution did not even create the regional court. Instead it is created by the Federal Constitution's Article V:

The judicial power of the Republic of Atlasia shall be vested in the Supreme Court, the membership of which shall consist of two Justices and three Associate Justices

Therefore as the jurisdiction of the Regional Court is not even the purview of the Region, the Governor cannot suspend or control its proceedings.

Could one argue that these powers exist given the current situation? No. The powers of the Governor are as follows:

The governor shall have the power to carry out all acts in association with the enforcement of the laws passed under this constitution; to command the militia in times of war; to appoint the heads of such departments which may be established by law; to issue pardons and reprieves for crimes committed under the laws of this region, which shall be permanent upon their issuance, though they shall have no power to pardon themselves; to appoint, in accordance with Article V of the constitution of the Republic of Atlasia, the associate justice of the circuit court of this region; and to approve, or veto, all acts passed by the General Court.

- There is no related law to enforce. The GC has the power to elect its officers, including its Speaker, under procedures it and only it sets. It is doing just that. Crane's actions cannot be enforced as they are unlawful. There are no laws or SOAP procedures surrounding the dissolution of any body.
- This is not a military-related action. Commanding the military does not require suspension of legislative work, Crane's alleged military actions not withstanding
- The remaining powers are not related to anything going on and thus not applicable.

Therefore as the actions taken are outside of any power enjoyed by the Governor, his actions are unconstitutional.



---

In addition to a writ of certiorari, I am also asking for an immediate injunction against all 3 orders, in order to avoid any immediate damage during the current crisis.

[Never Made it to Graceland]

You are appealing to a court that has no power in the borders of Lincoln.

You are asserting the authority of the colonial Lincoln Constitution that is no longer in effect and attempting to claim the backing of the General Court that has been adjusted and paused and unable to pass or adjudicate legislation.

All courts in Lincoln have been temporarily adjusted and paused and thus have no ability  to rule upon any executive or legislative actions.

You are pissing into the Grand Canyon. A noble yet futile effort.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

You are appealing to a court that has no power in the borders of Lincoln.

You are asserting the authority of the colonial Lincoln Constitution that is no longer in effect and attempting to claim the backing of the General Court that has been adjusted and paused and unable to pass or adjudicate legislation.

All courts in Lincoln have been temporarily adjusted and paused and thus have no ability  to rule upon any executive or legislative actions.

You are pissing into the Grand Canyon. A noble yet futile effort.

You assert that the constitution is colonial as if the Federal Government wrote it but that is far from the case. A bipartisan coalition of legislators and citizens of Lincoln wrote and passed it with no Federal input. In any case, Lincoln remains a part of Atlasia per the statement of the AG.

I would agree that the Regional Court would need to first declare its temporary dissolution unconstitutional to hear the rest of this case, and it should do just that.

[Never Made it to Graceland]

You are appealing to a court that has no power in the borders of Lincoln.

You are asserting the authority of the colonial Lincoln Constitution that is no longer in effect and attempting to claim the backing of the General Court that has been adjusted and paused and unable to pass or adjudicate legislation.

All courts in Lincoln have been temporarily adjusted and paused and thus have no ability  to rule upon any executive or legislative actions.

You are pissing into the Grand Canyon. A noble yet futile effort.

You assert that the constitution is colonial as if the Federal Government wrote it but that is far from the case. A bipartisan coalition of legislators and citizens of Lincoln wrote and passed it with no Federal input. In any case, Lincoln remains a part of Atlasia per the statement of the AG.

I would agree that the Regional Court would need to first declare its temporary dissolution unconstitutional to hear the rest of this case, and it should do just that.

The Regional Court can't hear this case. They are currently in protective custody, and thus their duties have been adjusted and paused.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

You are appealing to a court that has no power in the borders of Lincoln.

You are asserting the authority of the colonial Lincoln Constitution that is no longer in effect and attempting to claim the backing of the General Court that has been adjusted and paused and unable to pass or adjudicate legislation.

All courts in Lincoln have been temporarily adjusted and paused and thus have no ability  to rule upon any executive or legislative actions.

You are pissing into the Grand Canyon. A noble yet futile effort.

You assert that the constitution is colonial as if the Federal Government wrote it but that is far from the case. A bipartisan coalition of legislators and citizens of Lincoln wrote and passed it with no Federal input. In any case, Lincoln remains a part of Atlasia per the statement of the AG.

I would agree that the Regional Court would need to first declare its temporary dissolution unconstitutional to hear the rest of this case, and it should do just that.

The Regional Court can't hear this case. They are currently in protective custody, and thus their duties have been adjusted and paused.

I will be raising federal constitutional arguments in a separate case as they would not concern the Regional Court alone, but simply put, the Regional Court controls its proceedings and therefore can override this pause. With the advent of recent technology, they can conduct business in any environment, they need not be in an office or even have full freedom of movement.

[Never Made it to Graceland]

You are appealing to a court that has no power in the borders of Lincoln.

You are asserting the authority of the colonial Lincoln Constitution that is no longer in effect and attempting to claim the backing of the General Court that has been adjusted and paused and unable to pass or adjudicate legislation.

All courts in Lincoln have been temporarily adjusted and paused and thus have no ability  to rule upon any executive or legislative actions.

You are pissing into the Grand Canyon. A noble yet futile effort.

You assert that the constitution is colonial as if the Federal Government wrote it but that is far from the case. A bipartisan coalition of legislators and citizens of Lincoln wrote and passed it with no Federal input. In any case, Lincoln remains a part of Atlasia per the statement of the AG.

I would agree that the Regional Court would need to first declare its temporary dissolution unconstitutional to hear the rest of this case, and it should do just that.

The Regional Court can't hear this case. They are currently in protective custody, and thus their duties have been adjusted and paused.

I will be raising federal constitutional arguments in a separate case as they would not concern the Regional Court alone, but simply put, the Regional Court controls its proceedings and therefore can override this pause. With the advent of recent technology, they can conduct business in any environment, they need not be in an office or even have full freedom of movement.

For their own protection, all officeholders in Lincoln have been sequestered without technologies and therefore the Court cannot review or issue cases, even if they had the legal ability to do so, which they do not. Also, there are no longer any military units in the borders of Lincoln loyal to the Atlasian government, constitution, or institutions therein.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

You are appealing to a court that has no power in the borders of Lincoln.

You are asserting the authority of the colonial Lincoln Constitution that is no longer in effect and attempting to claim the backing of the General Court that has been adjusted and paused and unable to pass or adjudicate legislation.

All courts in Lincoln have been temporarily adjusted and paused and thus have no ability  to rule upon any executive or legislative actions.

You are pissing into the Grand Canyon. A noble yet futile effort.

You assert that the constitution is colonial as if the Federal Government wrote it but that is far from the case. A bipartisan coalition of legislators and citizens of Lincoln wrote and passed it with no Federal input. In any case, Lincoln remains a part of Atlasia per the statement of the AG.

I would agree that the Regional Court would need to first declare its temporary dissolution unconstitutional to hear the rest of this case, and it should do just that.

The Regional Court can't hear this case. They are currently in protective custody, and thus their duties have been adjusted and paused.

I will be raising federal constitutional arguments in a separate case as they would not concern the Regional Court alone, but simply put, the Regional Court controls its proceedings and therefore can override this pause. With the advent of recent technology, they can conduct business in any environment, they need not be in an office or even have full freedom of movement.

For their own protection, all officeholders in Lincoln have been sequestered without technologies and therefore the Court cannot review or issue cases, even if they had the legal ability to do so, which they do not. Also, there are no longer any military units in the borders of Frémont ? loyal to the Atlasian government, constitution, or institutions therein.

Enough said.

[Never Made it to Graceland]

You are appealing to a court that has no power in the borders of Lincoln.

You are asserting the authority of the colonial Lincoln Constitution that is no longer in effect and attempting to claim the backing of the General Court that has been adjusted and paused and unable to pass or adjudicate legislation.

All courts in Lincoln have been temporarily adjusted and paused and thus have no ability  to rule upon any executive or legislative actions.

You are pissing into the Grand Canyon. A noble yet futile effort.

You assert that the constitution is colonial as if the Federal Government wrote it but that is far from the case. A bipartisan coalition of legislators and citizens of Lincoln wrote and passed it with no Federal input. In any case, Lincoln remains a part of Atlasia per the statement of the AG.

I would agree that the Regional Court would need to first declare its temporary dissolution unconstitutional to hear the rest of this case, and it should do just that.

The Regional Court can't hear this case. They are currently in protective custody, and thus their duties have been adjusted and paused.

I will be raising federal constitutional arguments in a separate case as they would not concern the Regional Court alone, but simply put, the Regional Court controls its proceedings and therefore can override this pause. With the advent of recent technology, they can conduct business in any environment, they need not be in an office or even have full freedom of movement.

For their own protection, all officeholders in Lincoln have been sequestered without technologies and therefore the Court cannot review or issue cases, even if they had the legal ability to do so, which they do not. Also, there are no longer any military units in the borders of Frémont ? loyal to the Atlasian government, constitution, or institutions therein.

Enough said.

Corrected. Also, not an argument.

[windjammer]

This has been seen

[Bacon King]

I am recusing for personal health reasons; in my stead the supreme court will decide how to handle this case

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

WITHDRAWN