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Author Topic: Office of Northeast Chief Judicial Officer cinyc  (Read 3780 times)
cinyc
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« on: April 22, 2011, 10:50:01 pm »
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This thread will serve as the office of Northeast Chief Judicial Officer cinyc.  All election notices, official Northeast election results and official court business will be consolidated on this thread, even if it appears elsewhere.
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cinyc
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« Reply #1 on: April 22, 2011, 10:56:16 pm »
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Amended Notice of Special Northeast Election:

There is ONE vacancy in the Northeast Assembly, caused by the resignation of Jake Matthews when he became Lt. Governor 

Because this vacancy occurred after 12:01AM on Sunday, April 17 (i.e. less than 5 days before 12:01AM on Friday, April 22), a voting booth to fill the vacancy will be opened next Friday, April 29 at 12:00:00AM and shall remain open until the end of the day Sunday, Eastern time.

Candidates who wish to have their name placed on the special election ballot shall declare their intention to run in the special election on the Candidate Declaration Thread before 12:00:00 Eastern time on Thursday, April 28.
« Last Edit: April 23, 2011, 12:23:14 am by cinyc »Logged
cinyc
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« Reply #2 on: May 02, 2011, 12:06:21 am »
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Certification of April 29, 2011 Northeast Assembly Special Election:

Jake Matthews, a.k.a. 20RP12, is the only person who wrote himself in.  No one declared or agreed to accept write-ins after Jake Matthews vacated his old Assembly seat by swearing in as Lt. Governor on April 19.  Thus, all votes other than None of the Above are invalid. 

It is certified that Jake Matthews has won the April 29, 2011 Northeast Assembly Special Election with 3 votes.  1 vote was legally cast for "None of the Above".

Please note that Governor Ghost_white previously certified the following Atlasians as winners of the April Northeast Assembly general election:

Giovanni, Homelycooking, Jake Matthews, Napoleon, Sbane, and EarlAW

That certification will remain in effect unless someone successfully sues to overturn it.
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GM Napoleon
Napoleon
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« Reply #3 on: May 22, 2011, 11:14:26 pm »
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I am requesting a court injunction on the possible implementation of The Un-Stealing Act so that its constitutional status may be determined.
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
Carlos Danger
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« Reply #4 on: May 22, 2011, 11:22:17 pm »
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I request that this request for an injunction be dismissed as frivolous.

Firstly, the Un-Stealing Act, as a one-time transfer of lands, has already occurred under the Hantheguitarman administration.  Secondly, the constitutional power of the governor is as follows:

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x) The Governor has the power to make political appointments and to be the official representative of the Region to the rest of Atlas Forum with the recommendation of the General Assembly of the Northeast Region. The Primary responsibility of the Governor shall be to work with the regional Senators and the Forum President to ensure that the rights, liberties, and interests of the people of the Northeast Region are protected.

xi) The Governor has veto power over any piece of legislation that the Northeast Assembly shall successfully vote in favour. The Governor may not have the power to veto parts as opposed to the whole of any legislation. The Governor is required to sign all pieces of legislation he supports into law after it passes a successful vote in the Legislative Assembly within one week of its passing. Once he or she has signed the legislation, it immediately becomes law unless otherwise stated in the legislation itself. If the Governor does not sign the successful legislation after one week, than it becomes law immediately.

Nowhere in the constitutional powers of the Governor does it say that sole authority to transfer lands lies with the governor, nor does the constitution say or imply in any way, shape, or form that that power does not lie with the assembly.  This is thus clearly a frivolous complaint and ought to be dismissed.
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GM Napoleon
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« Reply #5 on: May 22, 2011, 11:28:39 pm »
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I'd also suggest preventing Ghostwhite's order from going into effect until this is resolved.
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
cinyc
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« Reply #6 on: May 22, 2011, 11:33:59 pm »
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Speaker Napoleon -

Please post the full Un-Stealing Act or at least a link to it, as well as Ghost_white's order.

I also need an explanation of why a preliminary injunction is required.  In particular, please explain how irreparable injury would likely occur absent an injunction and your argument regarding the unconstitutionality of the Un-Stealing Act would likely succeed on its merits.

Lt. Governor wormguy -

Do you want to officially argue against the injunction and for the constitutionality of the Act?
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Carlos Danger
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« Reply #7 on: May 22, 2011, 11:47:21 pm »
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Here is the text of the Un-Stealing Act: http://uselectionatlas.org/FORUM/index.php?topic=127652.msg2792547#msg2792547

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The Un-Stealing Act

All unimproved regional lands shall be immediately transferred to the original Indian tribes indigenous to said lands.

Here is Governor Hantheguitarman signing the Un-Stealing Act: http://uselectionatlas.org/FORUM/index.php?topic=102877.msg2806392#msg2806392

Here is Governor Ghost_white's executive order (in response to the claim by Napoleon that the Act had not yet been "implemented"): http://uselectionatlas.org/FORUM/index.php?topic=132473.msg2907004#msg2907004

I don't think that I will need to officially argue for the law's constitutionality, as I believe this complaint to be so obviously frivolous that it can be dismissed out of hand, but I would be happy to do so if it were to come to that.
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GM Napoleon
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« Reply #8 on: May 22, 2011, 11:48:01 pm »
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If the Un-Stealing Act has not already been implemented, I am issuing an executive order to begin its implementation immediately.

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The Un-Stealing Bill

All unimproved regional lands shall be immediately transferred to the original Indian tribes indigenous to said lands.


An injunction is required because the land would be difficult to impossible to get back. As for why an injunction is needed, not only is it unclear by not appropriately defining "undeveloped", but that we would be breaking union contracts with workers at parks (if parks could even be considered undeveloped).
Because of potential irreversible consequences, I request that the law and executive order be prevented from going into effect.
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
Carlos Danger
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« Reply #9 on: May 22, 2011, 11:54:59 pm »
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"Unimproved land" is a technical term with a specific meaning.

According to Dictionary.com

Unimproved - adj. - 3. (of land) not fitted for a profitable use, as by clearing, cultivation, addition of facilities for dwelling or business purposes, or the like.

This is clearly a frivolous reason for an injunction.

Furthermore, I would challenge Napoleon to prove that any such phantom "union contracts" actually exist.  What's more, even if they did exist, nothing in the Northeast Constitution prevents the legislature from breaking said contracts.  This, too, is obviously a frivolous reason for an injunction.
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GM Napoleon
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« Reply #10 on: May 23, 2011, 12:00:53 am »
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I don't see definition parks can be considered unimproved under any definition.

This law should not be allowed into effect as stands. It is ambigiuous to the point of laughability and if it breaches any existing contracts, we would be held liable.
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
Senator-elect Polnut
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« Reply #11 on: May 23, 2011, 12:04:49 am »
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I don't see definition parks can be considered unimproved under any definition.

This law should not be allowed into effect as stands. It is ambigiuous to the point of laughability and if it breaches any existing contracts, we would be held liable.

It was a ridiculous Bill, one of the lowlights of my time as Speaker, I was very ill at the time and missed the vote deadline by a few hours - my nay would have defeated it 3-2.

As most of those Bills, there was a nugget of truth or reason in it - then it was given steroids.
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Carlos Danger
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« Reply #12 on: May 23, 2011, 12:10:24 am »
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Parks are clearly "not fitted for a profitable use," as you yourself have said:

I don't have too much of a problem finding a way to parks other than user fees, which probably don't come close to covering costs anyway.

I take great pains to make sure that all my bills are completely clear and in legalistic language.  There is no possible way to interpret my bill in any other way than its intention, unless one wishes to play dumb and pretend there is no possible way to ascertain the meaning of the word "unimproved."  If my bill is too ambiguous, then there is a whole laundry list of bills that I plan to challenge for their ambiguous language.

Furthermore, I once again challenge Napoleon to prove that any such "contracts" exist, or to provide a constitutional reason why the assembly does not have the power to break such contracts.  If this is a valid reason for an injunction, then I would ask for an injunction against all laws ever passed by the Northeast Assembly, on the theory that it's possible they might break hypothetical contracts.
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GM Napoleon
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« Reply #13 on: May 23, 2011, 12:28:22 am »
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Judicial precedent in Rowan Brandon's ruling forbids us from breaking a contract. From what I can tell, the penalties against unions (so they do exist!) were overturned because it was found that unions have a right to strike enshrined in the Constitution. That doesn't automatically overturn the precedent set regarding contracts being broken by either party.

Had the Un-Stealing Act been on the wiki of Assembly alegislation, I'd have known of its existence and questioned it while working on the SRC.
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
cinyc
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« Reply #14 on: May 23, 2011, 12:34:54 am »
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If the Un-Stealing Act has not already been implemented, I am issuing an executive order to begin its implementation immediately.

Quote
The Un-Stealing Bill

All unimproved regional lands shall be immediately transferred to the original Indian tribes indigenous to said lands.


An injunction is required because the land would be difficult to impossible to get back. As for why an injunction is needed, not only is it unclear by not appropriately defining "undeveloped", but that we would be breaking union contracts with workers at parks (if parks could even be considered undeveloped).
Because of potential irreversible consequences, I request that the law and executive order be prevented from going into effect.

Well, the Act may or may not be bad public policy, but why is it unconstitutional?  Was it properly passed?  Who was the Lt. Governor at the time?
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Carlos Danger
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« Reply #15 on: May 23, 2011, 12:35:34 am »
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Judicial precedent in Rowan Brandon's ruling forbids us from breaking a contract. From what I can tell, the penalties against unions (so they do exist!) were overturned because it was found that unions have a right to strike enshrined in the Constitution. That doesn't automatically overturn the precedent set regarding contracts being broken by either party.

Had the Un-Stealing Act been on the wiki of Assembly alegislation, I'd have known of its existence and questioned it while working on the SRC.

Judicial precedent forbids unions from breaking contracts.  Judicial precedent says nothing about the regional government breaking contracts.  Furthermore, you have provided exactly zero evidence that any such "contracts" exist or that they are broken by the passage of this law.
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GM Napoleon
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« Reply #16 on: May 23, 2011, 12:45:40 am »
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The bill was not properly passed. It was signed into law while standing a tie in the Assembly.
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
cinyc
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« Reply #17 on: May 23, 2011, 12:54:40 am »
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The bill was not properly passed. It was signed into law while standing a tie in the Assembly.

That's what the record seems to indicate.  Article V, Section xii of the New Northeast Constitution states:
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xii) Any piece of legislation attaining a majority (50%+1) of actual votes from Reps shall be considered as successful. This shall be the case for all pieces of legislation except constitutional amendments (see Article VIII subsections (i) and (ii)) and previously vetoed legislation (see Article IV subsection (xi)). Every piece of legislation shall relate to but one subject and that shall be expressed in its title. All pieces of legislation and votes of support and consent by the Legislative Assembly must go through this process in order to become law.

A 2-2 vote is a not a majority vote .  It is a tie vote. 

Article V, Section xiv gives the Lt. Governor the power to break ties, but, best I can tell, did not do so here - unless one of the people who voted was the Lt. Governor.

Given that, Lt. Governor wormguy, can you please explain how the Un-Stealing Act was legally passed?
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Carlos Danger
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« Reply #18 on: May 23, 2011, 12:58:06 am »
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Governor Hantheguitarman used his privilege as governor in place of Lt. Gov. Fezzyfestoon to cast the tie-breaking vote, since Lt. Gov. Fezzyfestoon decided to spend his entire term in absentia.

If Napoleon is denying that the governor has such a power to perform the duties of other regional officials when they are not present, I think an apology is in order for Ghost_white, since Napoleon tried to remove him from office for not using his executive privilege to open a voting booth, even though that responsibility is constitutionally vested in the CJO.
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GM Napoleon
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« Reply #19 on: May 23, 2011, 01:05:02 am »
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The governor has no constitutional ability to perform the duties of the Lt. Governor except in the case of TEMPORARY absence. Unless there is a declaration of absence, the Governor may not just assume absence. You can't just usurp power permanently because you are the Governor!
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
Carlos Danger
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« Reply #20 on: May 23, 2011, 01:09:26 am »
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IIRC, Fezzyfestoon never actually even swore in after being elected, so the position was vacant throughout all of Hantheguitarman's term.
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GM Napoleon
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« Reply #21 on: May 23, 2011, 01:12:31 am »
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IIRC, Fezzyfestoon never actually even swore in after being elected, so the position was vacant throughout all of Hantheguitarman's term.

So there was no temporary absence, meaning the Governor violated the Constitution in assuming his powers rather than appointing a new one. An obvious case of permanent absence and gubernatorial power theft right here.
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
Carlos Danger
wormyguy
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« Reply #22 on: May 23, 2011, 01:14:10 am »
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IIRC, Fezzyfestoon never actually even swore in after being elected, so the position was vacant throughout all of Hantheguitarman's term.

So there was no temporary absence, meaning the Governor violated the Constitution in assuming his powers rather than appointing a new one.

If I am recalling correctly, we did discuss appointing a new Lt. Governor, but nobody was willing to take the job.
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cinyc
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« Reply #23 on: May 23, 2011, 01:14:25 am »
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I am going to grant Speaker Napoleon's request for a temporary injunction against Governor Ghost_white's executive order implementing the Un-Stealing Act.  Speaker Napoleon has demonstrated irreparable injury - once the land is given away, it might be sold or used in a manner inconsistent with the policies of the Northeast - and a substantial likelihood of prevailing on the merits, given that the official Assembly vote was a tie.

This, however is NOT the end of the case.  No final judgement on the merits has been reached. I will entertain further arguments regarding the constitutionality of the Un-Stealing Act.  I will also contact the Governor to allow him to make arguments on its own.  

This case shall be known as Napoleon v. Ghost_White.
« Last Edit: May 23, 2011, 01:15:59 am by cinyc »Logged
GM Napoleon
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« Reply #24 on: May 23, 2011, 01:20:00 am »
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Thank you CJO cinyc.
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
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