The Death Penalty Abolition Act is Null and Void in the Southeastern Region

[Vasall des Midas]

How do you move to the south.  Just declare your entent in the register thread?

I think we've just found ourselves our demonstration case. To the gallows with him!

On an unrelated note: The title of this thread sounds like Nullificationism to me, which, as all the constitutional law authorities agree is unconstitutional and indeed treasonable. Will the president order a march on Charleston as Andrew Jackson did in the same situation?

[Colin]

Lewis, what you suggest would be unconstitutional and may spark a civil war and total chaos in Atlasia. I do not want chaos and I think that the Supreme Court should hear the case and Ernest's arguments. We do not need conflict.

[Vasall des Midas]

Lewis, what you suggest would be unconstitutional and may spark a civil war and total chaos in Atlasia. I do not want chaos and I think that the Supreme Court should hear the case and Ernest's arguments. We do not need conflict.

Well, but Ernest obviously wants conflict.

[Colin]

No he doesn't. Ernest has said that he doesn't want this to go into anything larger. He just wants his case heared before the Supreme Court. What is so wrong with that? If the Government raids Charleston and arrests Ernest than we would be no better than a two-bit tin pot dictatorship.

[Vasall des Midas]

Just noticed I posted "order". I meant "threaten". That's what Jackson did, too. Apologies for that.
And a governor who, within fifteen minutes of taking office, a) says he was elected to raise some hell (paraphrase) after not having let on anything like this during the campaign to my knowledge and b) reopens a 140-year dead and very destructive debate, definitely wants trouble.

[IDS Judicial Overlord John Dibble]

Now THATS my kind of governor!

Indeed! Mebbe we should seceed if we don't get our way.

[Harry]

Hey now, can Ernest just do this?  Maybe the region should vote on it!

[Colin]

He is the duely elected Governor of the Southeast Region so I don't see whats wrong with it and by the looks of it most of the people in the Southeast would vote for Ernest to due this anyway.

[Colin]

I would suggest that since Demrepdan is confirmed to be on the Supreme Court that he not judge this case due to a conflict of intrests. While he was a Senator Demrepdan voted for the Death Penalty Abolition act, the act that Governor Ernest is challenging. I would say that because he has voted for the said act that the Governor is challenging I would suggest that Ernest say that their is a conflict of intrest in this case when or if this case comes before the Supreme Court.

[True Federalist]

How do you move to the south.  Just declare your entent in the register thread?

I think we've just found ourselves our demonstration case. To the gallows with him!

On an unrelated note: The title of this thread sounds like Nullificationism to me, which, as all the constitutional law authorities agree is unconstitutional and indeed treasonable. Will the president order a march on Charleston as Andrew Jackson did in the same situation?

Well it isn't nullifiication.  Nullification would be if I ordered Federal officials to not follow a Federal law in the Southeastern region, which I have not done.  If the Federal government wishes to stop executing people sentenced to capital crimes under Federal law, the Southeastern government has no right to force them to.  I would say a closer analogy would be to the laws passed by northern states in the 1850's that prohibited the use of State officials and property to enforce a Federal Law, namely the Fugitive Slave Act.

[True Federalist]

Hey now, can Ernest just do this?  Maybe the region should vote on it!

I feel that what I have done falls within the purvoew of my administative powers as Governor.  As for a vote, I have no objections to placing one or more initiatives concerning the death penalty before the people to vote upon in the next election.

[Jake]

I would suggest that since Demrepdan is confirmed to be on the Supreme Court that he not judge this case due to a conflict of intrests. While he was a Senator Demrepdan voted for the Death Penalty Abolition act, the act that Governor Ernest is challenging. I would say that because he has voted for the said act that the Governor is challenging I would suggest that Ernest say that their is a conflict of intrest in this case when or if this case comes before the Supreme Court.

I agree with ColinW on this if DemRepDan is confirmed.

[Colin]

I would suggest that since Demrepdan is confirmed to be on the Supreme Court that he not judge this case due to a conflict of intrests. While he was a Senator Demrepdan voted for the Death Penalty Abolition act, the act that Governor Ernest is challenging. I would say that because he has voted for the said act that the Governor is challenging I would suggest that Ernest say that their is a conflict of intrest in this case when or if this case comes before the Supreme Court.

I agree with ColinW on this if DemRepDan is confirmed.

He was just confirmed in a 6-0 vote of the Senate. He will be sworn in along with Senator King after 10 PM tonight when MAS 117 resigns his court position.

[King]

I would suggest that since Demrepdan is confirmed to be on the Supreme Court that he not judge this case due to a conflict of intrests. While he was a Senator Demrepdan voted for the Death Penalty Abolition act, the act that Governor Ernest is challenging. I would say that because he has voted for the said act that the Governor is challenging I would suggest that Ernest say that their is a conflict of intrest in this case when or if this case comes before the Supreme Court.

I agree with ColinW on this if DemRepDan is confirmed.

He was just confirmed in a 6-0 vote of the Senate. He will be sworn in along with Senator King after 10 PM tonight when MAS 117 resigns his court position.

Yes.

[Josh/Devilman88]

This is something that the New Senate should do...

[Platypus]

I would suggest that since Demrepdan is confirmed to be on the Supreme Court that he not judge this case due to a conflict of intrests. While he was a Senator Demrepdan voted for the Death Penalty Abolition act, the act that Governor Ernest is challenging. I would say that because he has voted for the said act that the Governor is challenging I would suggest that Ernest say that their is a conflict of intrest in this case when or if this case comes before the Supreme Court.

I agree with ColinW on this if DemRepDan is confirmed.

The ruling is not on the Death Penalty Abolition Act itself, it is on whether regions have the power to nullify a federal law. If they chose to nullify the Healthcare reform bill we passed a couple of months ago, the debate then wouldn't be on the bill itse;f but on whether it's legal for a region to nullify a federal law.

[True Federalist]

Senator, The Health Care Reform Act of 2004 places no mandate upon a Region government that it must do something.  If a Region were to try to interfere with Federal officials carrying out Federal law taht would be nullification and would be unconstitutional and you would have my full support against any miscreant that tried to do so.

The Death Penalty Abolition Act on the other hand requires Region governments to change its own laws, as such it violates the Atlasian Constitution as the Senate has no general authority to change the laws of the Regions.

I hope you can see the distinction between the two cases.

[Platypus]

I just picked one out of the air, to be honst, but the pouints the same-it's not about the death penalty abolition act, a worthy and progressive piece of legislation (i I do say so myself); it's about regional authority to ursurp federal law.

[True Federalist]

You have it reversed, sir. It's about federal authority to usurp regional law.

[Vasall des Midas]

You have it reversed, sir. It's about federal authority to usurp regional law.

It's about judging whether that is what the act is doing. (You know my point of view, btw. but that's for the justices to decide, and I see that a case might be construed.) It's also about whether or not you're usurping federal authority. (Which is, even though it's for the justices to decide, really clear as a bell.)

[Colin]

What am I saying is that because of Demrepdan's anti-death penalty stance his opinions would be biased against Ernest and his argument. While other justices might have the same opinion Demrepdan is the onl judge who actually voted on the bill and made his opinion known to the people. Thus that is why I'm saying that if he tries this case in the court then that would be a conflict of intrest because his personal views, enumerated in his vote for the act, are known.

Also from what I can tell the court isn't ruleing on the legality of Ernests actions. Ernest brought the case before the Supreme Court. What he wants is the court to rule on the Death Penalty Abolition Act where it pertains to the regions. This case was not brought by someone else against Ernest. This is a case brought up by Ernest against the said Act of the senate and its legality when concerning the regions.

[Vasall des Midas]

You're right...no such case has been brought (yet?). Still, politically it's a double issue (dumb pun).

[True Federalist]

  As Governor of the Southeastern Region, I have received an opinion from the Chief Justice of the Supreme Court concerning the application of The Death Penalty Abolition Act to the Regional governments.  The opinion has upheld my contention that the Act is inapplicable to Regional governments.

  Therefore, I direct that all stays of execution that I have issued be rescinded, and that writs of executon be made by the competent executive authorities of the States of the Southeastern Region as soon as may be practiable for all persons convicted of a capital crime in the courts of the Southeastern Region or of the States thereof whose sole remaining appeal of their sentence was based on The Death Penalty Abolition Act.

Gov. Ernest

[Platypus]

You may well go down in history as "Ernest the bloodthirsty".

[KEmperor]

You may well go down in history as "Ernest the bloodthirsty".

Thats a cool nickname.