Atlasia vs. The Imperial Dominion of the South

[Ebowed]

Official Atlasia Supreme Court Release
Nyman, DC

Writ of Certiorari
The Atlasian Supreme Court grants certiorari to hear this question of whether the Trojan Act violates Section 7, Article 1 of the Constitution.

Schedule
Petitioner has seventy-two hours to file his brief.  It is expected no later than 4:00AM EDT on Saturday, June 23, 2012.

Respondent has an additional forty-eight hours to file his brief.  It is expected no later than 4:00AM EDT on Monday, June 25, 2012.

Amicus Briefs will be accepted until 4:00AM EDT on Monday, June 25, 2012, unless the filing party can show sufficient need.

Additional time may be granted to either party upon a showing of sufficient need.

A possible period of argument (Q&A) may be scheduled after presentation of the briefs in case any member of the Court has any questions for the parties.

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I now welcome any questions from the Honorable Justices.

In Section 2 of the Trojan Act, what is the purpose of stipulating the denominations of the 'Dibble'?

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I made that section in parentheses when I wrote the bill because that is explaining what dibbles are not what they have to be.

Was there a previous reference to the 'Dibble' amongst IDS citizenry specifically outlining these denominations?

I'm also curious about Section 2b.  Would you be able to provide a rough estimate of the cost, in Atlasian dollars, to the IDS budget of the provision allowing for the exchanging of Atlasian currency for the privately minted 'Dibble'?  If the 'Dibble' is not officially recognised currency by the IDS government, would this amount to the government handing out money at a loss?  Why would these exchanges be performed at IDS capitol buildings?  What is the exchange rate?

[Ebowed]

The locations are at the capitol buildings because, well, why not? If one had a brand new nice car it would make sense that they would feel safest placing it in their own garage.

So, in effect, exchange of the 'Dibble' is a service provided by the IDS government?

[Ebowed]

Ours sales may be a government action taken on our part, but not really in the same category as paving roads or fighting fires.

Why not?  According to your own analogy, it is 'safest placing' the Dibbles at IDS capitol buildings.  If one purchases a 'brand new' automobile and stores it in 'their own garage', they are storing it there to signify their own ownership of said automobile, are they not?  Are the items sold at police auctions not originally purchased through public directive?

[Ebowed]

That is rather difficult to proof becuase as far as Atlasia is concerned its impossible to prove any business exists. If we go by a standard of something only exists becuase it is mentioned by a GM or in some other part of Atlasia that would mean that millions of business, as far as Atlasia is concerned, would no longer exist.

If there is no previous reference to the 'Dibble' anywhere until legislation is crafted naming its denominations and the locations where it may be obtained, why should we feel confident that it existed prior to its origins within the Trojan Act?

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We'll allow another 24 hours for any remaining statements on behalf of interested parties, as well as the opportunity for participants to answer any questions, before going to work on our decision.

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Thank you gentlemen, we hope to have a decision ready within the next day.

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I ask that you take my closing remarks into your consideration.

All of your remarks will be taken into consideration as we formulate our opinion.

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Sorry gentlemen, I'm running late, we'll have something ready soon.

[Ebowed]

The Chief Justice delivered the opinion of the Court, with the Senior Associate Justice concurring.

Statement of Facts

The Attorney General has brought suit against the government of the Imperial Dominion of the Southeast (IDS), alleging that Section 2 of the Trojan Act is in violation of Article I, Section 7, Clause 2 of the Third Constitution.  The Trojan Act, appropriately named in honour of a common colloquialism to describe an attack by the Greeks on the city of Troy, was passed unanimously by the IDS legislature on July 5, 2011.  Sections 1 and 3 deal with the distribution of condoms in public educational facilities, whilst Section 2 states as follows:

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The relevant clause from the Constitution states:

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Ruling

It is the opinion of this Court that Section 2 of the Trojan Act is in clear violation of Article I, Section 7, Clause 2, despite arguments to the contrary on behalf of the IDS government by the bill's sponsor, Mr. Jbrase.  Though the wording of the legislation appears intended to circumvent the Constitutional prohibition of regional minting and distribution of unique currency, the Act nonetheless seeks to create a regional currency.  Outsourcing the duty of minting the 'Dibble' to an unspecified private company is comparable to the diversion of public funds to privately operated prisons: though the government lacks oversight into the conduction of the affair, it nonetheless remains responsible.  Through allowing the exchange of the 'Dibble' into the Atlasian dollar, and vice versa, at IDS capitol buildings, the distribution of the 'Dibble' is a function offered by the IDS government to its citizens in violation of a federal prohibition of such activity.

Noting Section 2c of the Trojan Act stipulates that the 'Dibble' is simply an item to be used in barter, rather than a currency, does not alter the effect of openly exchanging the 'Dibble' for Atlasian dollars, suggesting that its only practical use as an item is, in fact, a currency which is intended to be entirely interchangeable with the Atlasian dollar.  In addition, though the defense claims that the naming of denominations of the 'Dibble' is only meant as a suggestion, rather than a legal requirement, it seems clear to this Court that no prior reference to the 'Dibble' amongst IDS citizenry exists, indicating that Section 2 is the origin of these denominations.

The Court finds the entirety of Section 2 of the Trojan Act to be in violation of Article I, Section 7, Clause 2 and accordingly strikes it down.