Evening Justices,
While it is disappointing that I must file two constitutional lawsuits in one day, the complications of the situation of the last couple of days do require such an action. I must exert all my currently viable options as a means of ensuring all arguments are put forth and chances of victory are at the highest point possible.
Therefore, as a separate and independent effort from my case on regional grounds, I shall argue that the following executive orders are unconstitutional under the Federal 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a. The Lincoln General Court no longer represents the will of the people of Lincoln.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
I start with the middle executive order. The Federal Constitution is very clear on the procedure for regional secession in Article II, Section II:
No region shall secede from this Republic but by a 3/4 vote of the citizens thereof, nor shall any Region, state, or other entity declare itself outside the jurisdiction of this Constitution so long as it remains party to this Union.
No such vote has occurred. Thus any declaration of independence is not valid, and therefore the middle executive order is unconstitutional under the Federal Constitution.
I note for the Court that the AG of Atlasia has issued a statement agreeing with this:
Department of Justice
Re: Constitutional dispute in Lincoln
The Attorney General's office reminds all interested parties with respect to Article II of the Fifth Constitution, the secession of a region from the Union requires a 3/4 vote of the people, without which all claims to independence are considered inoperative.
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As the order of independence is invalid and unconstitutional, Lincoln remains a part of Atlasia and thus subject to all parts of its constitution. This is relevant in disposing of the remaining two executive orders.
With respect to temporary dissolution/suspension of the Regional Court: Aside from appointing its justice, the Regional Court is not the purview of Lincoln (or any region for that matter). This is because the Federal Constitution establishes such courts in its 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
The judicial power of each of the several Regions shall be vested in a Circuit Court composed of the Associate Justice chosen from that Region, and no Region shall establish any other court or judicial authority.
As the Federal Constitution establishes the Regional Court, the Regional Court is under the jurisdiction of the Federal Government. Therefore a regional government cannot dissolve or suspend a regional court, as it does not control its proceedings, rules, offices, or technology. Further, the region cannot give the judicial power to someone else, such as the Governor, as the clause prohibits establishment of other judicial authority.
Therefore, to the extent which the two orders dissolve or suspend the Regional Court, those portions are unconstitutional and should be struck down as such.
With respect to the dissolution/suspension of the Lincoln General Court (legislative body):This action is prohibited under Article VII, Section 3:
The Republic of Atlasia shall guarantee to every Region in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
The temporary Monarchy of Kaiser that Crane and Kaiser have attempted to establish in dissolving or suspending the legislature is simply not a valid form of Government allowed under the Federal Constitution which Lincoln must follow. This is because it is not a republican form of government. Such a government is a:
form of government in which a state is ruled by representatives of the citizen body.
(
https://www.britannica.com/topic/republic-government)
Notice, *representatives*, plural. Kaiser would be a sole *representative* or Monarch. Thus it is not a valid form of Government under the Constitution. Further, the people elected Kaiser to be Governor, with certain limited powers. They did not intend to elect him to be a literal king or monarch. Therefore he cannot even be considered to represent the citizen body at this stage.
Is Crane a representative? No. In addition to him not being a member of the executive branch as the Lincoln Constitution establishes it, he was not elected by the citizen body to an executive position and is thus not representative of it. Instead he was chosen to be Speaker by all of three people, one of which was the Governor himself. As Lincoln is attempting to not have a legislative branch for the moment, Crane's legislative election is not relevant to determining if the form of government is appropriate.
As the dissolution or suspension of the General Court flies in the face of the Federal Constitution, the order is unconstitutional and should be struck down as such.
As I have illustrated that each of the operative provisions of the first and third executive orders are unconstitutional, each order should be struck down as such in its entirety.
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In addition to a writ of certiorari, I am asking for an immediate injunction against all 3 orders, to minimize their potentially dire effects during this time of crisis. The Supreme Court should issue an injunction even if the regional court does, to maximize chances of Peace and Compliance as both cases proceed during this turbulent time.
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I thank the justices for their time.
