Midwestern Chief Judicial Officer Yurt

[ilikeverin]

I should probably have this here in case someone needs a judicial officer.  So, please, come to my yurt.  I have bean bags!

[windjammer]

Oh great Chief Judicial Ilikeverin.
I would like you have your opinion of:

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My question is a bit complicated: if there is a Vacancy for the "Archduke of Althing"'s office. The president pro tempore acts as "Archduke of Althing" obviously. But do you consider the office of "Archduke of Althing" as being vacant or the office of the Most Serene Representative/President Pro Tempore being vacant too?
When I swore as Governor, there was a vacancy, so Arturo Belano was the acting Governor. But I didn't know if the office of Archduke or the office of Most Serene Representative/President Pro Tempore could be considered as "vacant". That's why I have asked Arturo Belano to resign in order to appoint him as Archduke and to appoint Adam as Most Serene Representative (because there would have been an office vacant for a long time and I didn't want to be unconstitutional).
But was it necessary? Was I allowed to appoint directly Arturo Belano as Archduke without him having to resign?
Thank you!
Governor Windjammer
And *hughughug*

[ilikeverin]

Hmm, I see.  Well, the contrast between Section 1-1 and 1-4 is quite clear.  In 1-1, the Archduke is explicitly said to give up their post as Archduke upon the vacancy of the Governorship; in 1-4, meanwhile, the PPT is not said to give up the post as PPT upon the vacancy of the Archdukedom.  If Arturo was acting governor, there was thus a vacancy of the Archdukedom (that probably should've been filled?  and then a special election would have happened?)... this would have persisted after your election.  So I believe you could have appointed Arturo as Archduke without any problem.

Since all parties were on board with who was getting whose position at the time, this all worked out for the best.  But I wonder about what would happen if a Archduke-turned-acting-Governor feuded with a newly-elected Governor... I think under this reading the newly-elected Governor could just appoint whoever they want for the position rather than the old Archduke, which might be wrong.  (Then again, they should usually have a special election soon to right the error if they so desire.)  Might be something to think about legislatively.

So says the Chief Judicial Officer!

[windjammer]

Thank you a lot Ilikeverin, I will try to fix these problems in the future.

I have an another question:
Here is the last Yankee's post:

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And according to the Midwest Constitution:

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How shall it be interpreted? Constitutional amendments= only Midwest constitutional amendments or Federal amendments too?
Both Maxwell and Lumine opened thread directly for a federal constitutional amendment. And I believe it could violate the Constitution!
Maybe something in the federal constitution directly orders governors to open booth for Federal amendments?
What should I do? Shall I inform Arturo that he has to open an Althing's thread or shall I open Voting booth like Maxwell and Lumine did?

Thanks for your answer!

[ilikeverin]

Sorry for not responding in a timely fashion!  I was on a trade mission to the Nordic countries last week.

The Midwest Constitution provision only refers to regional amendments.  Federal amendments, I believe, are subject to federal regulations - at least, that's how it generally has been in the periods when I've been Governor.  If the relevant federal regulations specify that the Governor should do the deed, then it is their responsibility to do so.

[windjammer]

Sorry for not responding in a timely fashion!  I was on a trade mission to the Nordic countries last week.

The Midwest Constitution provision only refers to regional amendments.  Federal amendments, I believe, are subject to federal regulations - at least, that's how it generally has been in the periods when I've been Governor.  If the relevant federal regulations specify that the Governor should do the deed, then it is their responsibility to do so.

Thank you Ilikeverin!

[ilikeverin]

Bump!  I'm back in office

[Gass3268]

Bump!  I'm back in office

Good to see you back!