Important Announcement

[Colin]

After just reading over the constitution, there is no authority that grants the President the right to "fire" a member of the legislative body. Mr. Ebowed can do whatever he wants about Mr. Washburn being a GM, but there is no law that says the President has the right to do such a thing as fire a Senator.

I'm not affirming or negating your (or anybody's) claim here, exactly, but you should probably read this to understand the President's authority:

The plaintiff is correct in asserting that such a power is not enumerated anywhere in the Constitution. However, the powers of the President (unlike the powers of the Senate) are not limited by any particular enumeration.

There is an important difference between the vesting clauses of Articles I and II. The former provides that “All Legislative Powers herein granted shall be vested in the Senate of the Republic of Atlasia” (emphasis added). This clause does not actually grant any powers to the Senate. Rather, it merely provides that the legislative powers granted “herein” (that is to say, in the Constitution) shall belong to the Senate. In other words, it does not grant power; it merely provides where powers enumerated in other parts of the Constitution will be situated.

On the other hand, the vesting clause of Article II provides: “The executive power shall be vested in the President of the Republic of Atlasia” (Article II, Section 1, Clause 1). Unlike the first clause of Article I, this clause does not merely identify the locus of powers granted elsewhere in the Constitution. On the contrary, this clause is, in and of itself, a substantive grant of authority. Hence, the President’s power flows from the general grant made in Article II, Clause 1, whereas the Senate’s power flows from the specific grants made in several different clauses.

I have to agree that after reviewing this, according to precedent, President Ebowed has full authority to do this as we have no restriction, currently, upon the powers and duties of the executive. As per Sam Spade v. Atlasia the President does have powers outside of the Constitution that are not therein stated. He thus does have the power to remove a Senator at will if he deems fit.

[Colin]

Impeachment time...

Whatever you may think about this situation the President has not committed any crime nor any misdemeanor. While you may not agree with his actions nothing that he has done thus far has been illegal.

[Colin]

The way I see it, legal and political action needs to be taken immidiately to prevent this kind of thing from happening again. Now, I know I'm not an office holder, but I implore the Senate to end this madness once and for all.

Like I said before the courts cannot do anything in this case since our precedent clearly states that the President isn't confined by the Constitution in what he can do, unlike the Senate. Whether action is taken to clear up the loophole is different but then again I don't see how you can do it. The President has many powers and, unlike the Senate's, would be hard to enumerate in a Constitution.

[Colin]

According to the Atlas Forum Constitution (Article II, Section 1) states the power of the Presidency. The President has no power to get say a senator can't be a senator.

As the Sam Spade v. Ebowed decision stated the phrase, "The executive power shall be vested in the President of the Republic of Atlasia. He shall be elected with a Vice President for a term of approximately four months," does not limit the powers of the Presidency through a herein clause like in the section dealing with the powers of the legislative. The rest of the article details the cabinet, the president's power over the cabinet, minimum requirements for the Presidency, and the State of the Forum address. It does not, however, limit the President to these actions. It is just vested in the President not proscribed by the constitution.