Draft for the amicus brief in 'Young Tweed v. Department of Federal Elections'

[World politics is up Schmitt creek]

Brief in support of the respondent in the case Young Tweed v. Department of Federal Elections

We consider that the plaintiff’s case is founded upon an overtly political reading of the relevant sections of the Atlasian Constitution, and hence should have been ruled a non-justiciable political question in accordance with longstanding Constitutional doctrine. The fact that this Court has decided to grant certoriari is baffling and we believe that the Court must find in favor of the Department of Federal Elections in its count of the results of June 2012’s Presidential election.

Young Tweed’s case is entirely subjective, based upon a reading of the Constitution that takes it as a matter of course that somebody who ran on the platform of the Liberal Party in the election in question is by mere virtue of having run on that platform prima facie, before he has even begun to exercise the duties of the office, to be found incapable of promoting the general welfare, supporting equality for all forum members, or protect the Public Health (sic), commerce, and heritage. This should have been found non-justiciable from the beginning and must now be considered to not constitute sufficient grounds for exercising the Court’s power to overrule the Department’s certification of the election results, for the following reasons:

1.   Neither the Preamble nor Art I §5 clauses 30-31 even address the office of the President; Art I §5 is moreover explicit in pertaining to the powers of the Senate, for which neither Napoleon (the certified winner) nor the plaintiff were running in the election at issue.

2.   Even if the relevant portions of the Constitution made reference to the powers or duties of the President, whether or not Napoleon is on the basis of his campaign platform to be found incapable of doing the things that the plaintiff is arguing the Court should find him incapable of doing is entirely subjective, subjective according to the individual political opinions of the person asking the question.

3.   Even if the Court’s powers in Art III §1 clause 5 are to be interpreted to give the Court the ability to at time void the results of any federal election and assign the office to its preferred candidate on entirely subjective and political grounds, an interpretation which has never been used or even considered before this election no matter how high ideological tensions have run (for in Art II §2 clause 3 we read that the Senate has the general power to determine regulations for federal elections and it is presumably within the bounds of such regulations that the Court is empowered to arbitrate disputed results), it is risible to claim that Napoleon has failed, or must fail, as President of Atlasia before he has taken office.

For these reasons the Court must find that Napoleon was duly elected in the same manner as all previous Presidents under the Third Constitution, that Young Tweed’s claim to the Presidency is based upon a non-justiciable subjective reading of the Preamble of the Constitution and an irrelevant and specious application of the terms of an Article concerning the powers of the Senate to a case concerning the duties of a non-Senatorial office, and that hence the Court ought not to consider the dispute at hand one which rises to the level of enabling it to legitimately invoke its ability to override the Department in determining the results of the election. We confide that Napoleon is the victor of the election, Constitutionally, legally, and by democratic right, and must be sworn in on Friday, July 6, 2012, in accordance with this fact.


Amici curiae:

The Tripartite Commission on the Restoration of Democracy
Nathan, Chairman of the Labor Congress, ex rel The Standing Committee of the Whole of the Labor Party of Atlasia
Scott, Chairman of the Liberal National Committee, ex rel The Liberal National Committee
Simfan, Acting Chairman of the Whig Party, ex rel The Whig Party and its members
Snowstalker, Vice-Chairman of the Labor Congress
Napoleon, Vice-Chairman of the Liberal National Committee and President-elect of the Federal Republic of Atlasia
Clarence, Presidential candidate of the Whig Party and At-Large Senator.

Tmthforu94, Vice President, Leader of the Mideast Citizens for Progress and Reform, ex rel Mideast Citizens for Progress and Reform

Ben, Mideast Senator

Averroës Nix, Northeast Governor and Liberal Party Whip

This 26th day of June, 2012.


EDIT: Added more names from Simfan's Commission and reorganized the list to go through the Chairmen in alphabetical order of the name of the party and then Vice-Chairmen (or de facto equivalent, in Clarence's case) likewise.
EDIT: Added Ben.
EDIT: Added the MCPR and Nix.
EDIT: Added reference to the Senate's power to regulate elections on the advice of TJ in Cleve.

[The world will shine with light in our nightmare]

I approve.

[Kaine for Senate '18]

I'd also like to sign, as a Senator.

[World politics is up Schmitt creek]

The time has come.

Let's submit this bad boy.

[The world will shine with light in our nightmare]

Just an FYI: the Liberal Party has voted to endorse.