Office of Northeast Chief Judicial Officer cinyc

[tpfkaw]

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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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.

[tpfkaw]

Here is the text of the Un-Stealing Act: https://uselectionatlas.org/FORUM/index.php?topic=127652.msg2792547#msg2792547

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Here is Governor Hantheguitarman signing the Un-Stealing Act: https://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"): https://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.

[tpfkaw]

"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.

[tpfkaw]

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.

[tpfkaw]

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.

[tpfkaw]

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.

[tpfkaw]

IIRC, Fezzyfestoon never actually even swore in after being elected, so the position was vacant throughout all of Hantheguitarman's term.

[tpfkaw]

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.

[tpfkaw]

Bills are signed after they are passed.  The bill was just passed (assuming it had not been legally passed already), and will now go to the governor's desk for passage or veto.  If the bill were still "on the floor" it obviously could not be signed by the governor, since it would not have passed yet.  The Lt. Governor breaks ties, neither the Constitution nor the SOAP makes any mention of any sort of time limitations beyond that it it must be after the completion of the voting period.  I am therefore perfectly justified in breaking the tie to pass this bill.

If Speaker Napoleon disputes this, I would like him to point to which clause of the Constitution or which law he believes prevents me from doing so.  If he cannot find any law preventing me from exercising my Constitutional prerogatives as Lt. Governor, I would ask that this request for an injunction be dismissed, as it has no legal basis.

[tpfkaw]

That will be fine.

[tpfkaw]

It has come to my attention that Speaker Napoleon is not counting votes cast by Giovanni, a duly elected Assemblyman.  Since the Speaker is illegitimately discounting votes cast by an Assemblyman, I would like to seek an injunction against all legislation introduced and passed in the current Assembly session.

[tpfkaw]

It has come to my attention that Speaker Napoleon is not counting votes cast by Giovanni, a duly elected Assemblyman.  Since the Speaker is illegitimately discounting votes cast by an Assemblyman, I would like to seek an injunction against all legislation introduced and passed in the current Assembly session.

Have you any evidence of votes I illegitimately discounted?
Unless the Lt. Governor has proof of illegal action, this is totally frivolous.

You have shirked your duty by not providing a tally of the votes on many of the votes during your time as Speaker, though Giovanni would not have been the deciding vote on any measures that the assembly passed.  However, declaring your intention not to count his votes and stating incorrectly that he is "not an assemblyman" leads any reasonable individual to the conclusion that you have not been counting his votes.  If you are now admitting that he is, in fact, an assemblyman, then we can drop the matter.

[tpfkaw]

Except that Napoleon has publicly confessed that my allegations are true, multiple times.  What was it that Polnut said?  Something about "moving from the ridiculous to the sublime."

[tpfkaw]

And I retain the right to publicly record your brainstorming.

I guess Jake just isn't an idiot who thinks not counting your vote is a "personal attack".

You're not an Assemblyman.

You're not an Assemblyman.

When did that happen?

Youre not part of this region, ergo, you are not particular this Assembly.

You're not an Assemblyman.

When did that happen?

Youre not part of this region, ergo, you are not particular this Assembly.

Is that in the Northeast Constitution?

I believe it is. If anyone wants to challenge this view, Sue me. I have no tolerance for immature trolling.

That alone does not make you eligible to hold office. Take it up with the court or stop whining.

If it is in there, sue me. Otherwise go away, troll.

I am your Game Moderator.  You may not like me but you will damn well have to get used to me.

I wasn't even talking to you. Obviously you can't sue me.

r

Excuse me, I quoted the wrong post from you.

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I don't want to get involved with this little spat but it seems someone needs to step in.  If you want Giovanni out that badly, pass a law requiring northeast officeholders to reside in the Northeast.  Don't resort to petty attacks.  The Northeast has more important issues to deal with.

I don't need him out, he isn't in.

I don't agree with your interpretation off the Constitution. There is no record of out of region assemblymen prior to this and I am certain the Constitution is in agreement with my view that Giovanni is not eligible to serve in this body. We have a legal avenue established to determine whether Giovanni is eligible, he can sue if he wishes.

I am doing something about it and what I believe the right now thing to do is not defy the Constitution and allow Giovanni a voice in this Assembly when he beyond any doubt in my mind is ineligible. Why would I just assume he is an Assemblyman? That is backwards. This is not a vote first, ask questions later legislature. No one has built a convincing argument as to why the other way is morally or practically superior. Being political expedient is the easy way out, but I will not allow injustice against my constituents.

It is very good of you to admit that and I welcome you to the region when you're move ttakes effect but surely you don't take it personal that I want the Constitution to be followed? This really should have never been allowed to be dragged out this long, if you think you are right we will have to see what cinyc says. Your "contributions" to the Assembly, while nonserious and rather offensive, are no reason to disqualify your votes but your ineligibility does. At no point in this region has an outsider been allowed to participate. That doesn't change with me becoming Speaker, either.

Again, you must not have read my arguments. I can not expel Giovanni because he can not serve. This has always been true in the region. It is possible to be elected to a position you can not legally serve in. You still can't serve in it. If anyone disputes this, I welcome a lawsuit against me. I am confident that my view would win.

Furthermore, there is no evidence that it would be legal for me to count votes cast by Giovanni. The Constitution was never changed to allow non-residents to legislate.

[tpfkaw]

Unfortunately I'm having very intermittent access to a computer today, I may require an extension as well.

[tpfkaw]

Unfortunately I'm having very intermittent access to a computer today, I may require an extension as well.

Any response yet?

I'm very sorry, I've been very busy the past few days and I've also mainly only had internet access on my cell phone, I'll try to have a detailed response in tonight.

[tpfkaw]

My response is quite simple.

Each of those ties were lawfully broken by Governor Hantheguitarman, in place of the Lieutenant Governor.  Since the Governor has the sole power to appoint both the Lt. Governor and the CJO, the powers of those two positions could be considered part of the executive, and therefore should those positions be absent the Governor is the highest executive official and therefore would assume the powers and responsibilities of those positions.

The position of Lt. Governor was indeed absent, Fezzyfestoon never even swore in after his election.  We did discuss appointing someone else as Lt. Governor, but we could not find anyone willing to fill the position (unsurprising, since we couldn't fill every Assembly seat).  Dallasfan65, myself, and Hantheguitarman (if he were still here) would all testify to that effect.

I would furthermore like to point out that Napoleon is in agreement with my position on this matter; he attempted to recall, then threatened to impeach Governor Ghost_white for failing to open a voting booth.  Opening voting booths, however, is a power that the constitution's language grants only to the Chief Judicial Officer.  Nevertheless, the position of CJO was vacant (indeed, no election was even held for the position), and so the powers and responsibilities of the CJO reverted to the Governor by virtue of the constitutionally executive nature of the position, at least with regards to its executive administerial functions.  Napoleon and I are in agreement on this, as evidenced by his attempt to recall Ghost_white.  I am therefore somewhat confused as to what constitutes the legal basis for his complaint in this case.

[tpfkaw]

Lt. Governor wormyguy - please explain how Lt. Governor fezzyfestoon's absence was temporary if he never swore in.

The point is not whether it was temporary, but that he was absent.  Napoleon tried to recall and threatened to impeach Gov. Ghost_white over not opening a voting booth (a power the constitution specifically delegates only to the CJO), when there had not even been an election for the position of CJO.  You may disagree with both of us, but I would say that is not an issue here.  If Napoleon and I are both of the same legal opinion on this matter, I believe he does not then have any grounds for this lawsuit, and it ought to be dismissed.  If he claims not to be, then he is admitting to being a gross hypocrite.

If we are sticking with the "temporary absence" argument, it could be said that there was an implicit leave of absence from the moment Fezzyfestoon's term legally started until the hypothetical moment he swore in.  Having been elected to that position, it could be said that not swearing in represents an implicitly-stated unwillingness to perform the duties of the position during the time he was not sworn in, and therefore the duties would revert to the executive.

[tpfkaw]

I would like to point out that Winfield, as Governor, broke the tie on a piece of legislation, as well as on the Speaker vote (the latter of which would actually be constitutionally suspect if he were the Lt. Governor), neither of which elicited any protest from Napoleon.