By the power granted to me...

[Jake]

...under the Southeastern Regional Constitution, I order that the issuing of marriage licenses to same-sex couples shall end at 11:59 PM CST April 26th.  Any state or local authority acting in defiance of this order shall be punished to the fullest extent of the law.

Signed,


Southeastern Magistrate

[Joe Republic]

For the sake of clarity, please print the part of the SE constitution that gives you the right to do this.

[jokerman]

For the sake of clarity, please print the part of the SE constitution that gives you the right to do this.

He is the chief officer of the judicial system of the southeast.

[A18]

Why don't you post the part of the U.S. Constitution that allows the government to create a Social Security program? Hint: constitutions don't matter; only judges do.

[Jake]

For the sake of clarity, please print the part of the SE constitution that gives you the right to do this.

My interpretations, ie what I say goes.

From Article V, SE Constitution

2. The Magistrate shall be the chief judicial officer of the Southeastern Region and is responsible for the adminstration of the courts of the Southeastern Region.

[A18]

Just call it "substantive due process" and you can do what you want.

[The Duke]

I think he's just carrying out the orders of his Governor.  As a purely judicial officer, I think he's probably under a legal obligation to formally issue the order, regardless of his personal feelings.

[John Dibble]

I think he's just carrying out the orders of his Governor.  As a purely judicial officer, I think he's probably under a legal obligation to formally issue the order, regardless of his personal feelings.

Actually, it's his duty to follow the law and defend the (Southeastern) Constitution above all other orders - if the orders of the Govenor are in contradiction with that law, then it is his duty to disobey them.

[The Duke]

I think he's just carrying out the orders of his Governor.  As a purely judicial officer, I think he's probably under a legal obligation to formally issue the order, regardless of his personal feelings.

Actually, it's his duty to follow the law and defend the (Southeastern) Constitution above all other orders - if the orders of the Govenor are in contradiction with that law, then it is his duty to disobey them.

Is it the regional officer's responsibility to enforce federal law or just regional law?  Where in the regional Constiution is this prohibited(or enabled for that matter)?

Since you once were the Magistrate yourself, you'd probably know the answer to both questions better than I.  I actually don't know one way or the other, just trying to divine Jake's reasoning.

[Emsworth]

Is it the regional officer's responsibility to enforce federal law or just regional law? 

All officers, regional or federal, have a responsibility to uphold and defend the Constitution of Atlasia, which, I suppose, one could describe as a federal law.

[Jake]

The Magistrate's job is to enforce regional law and be the chief judicial officer of the Southeast.

[KEmperor]

The Magistrate's job is to enforce regional law and be the chief judicial officer of the Southeast.

Supremacy of the Constitution and Federal Law Amendment, passed 21st November 2004

1. The Constitution is the Supreme Law of the Land. All other forms of law are inferior to it.


2. Amendments to the Constitution are for all intents and purposes a part of the Constitution.


3. All federal law passed by the Senate is superior to any law or Constitution of the various Regions and States, as long as the said law is authorised by the Constitution.

[John Dibble]

The Magistrate's job is to enforce regional law and be the chief judicial officer of the Southeast.

Even if the Magistrate has no duty to enforce federal law and the federal Constitution, he still has a duty to enforce the Southeastern Constitution. I ask you this - are you doing so?

[A18]

Which means nothing, because if the constitution wasn't already the supreme law of the land, then an amendment to it can't change that. It's like Virginia passing a law that says everything they do is now the supreme law of the land.

Unless that amendment was approved by the government of every region, I don't see that it's of any relevance.

[Emsworth]

Which means nothing, because if the constitution wasn't already the supreme law of the land, then an amendment to it can't change that. It's like Virginia passing a law that says everything they do is now the supreme law of the land.

Unless that amendment was approved by the government of every region, I don't see that it's of any relevance.

... which is one of the reasons for which, I imagine, we had to create a new constitution.

[The Duke]

3. All federal law passed by the Senate is superior to any law or Constitution of the various Regions and States, as long as the said law is authorised by the Constitution.[/i]

I think this settles the issue,and Jake is wrong to enforce StatesRights' order.

The only justification now is that he could claim the order valid unless a higher judicial authority says otherwise. (ie. awaiting the SC's ruling)

[Gabu]

https://uselectionatlas.org/FORUM/index.php?topic=20888.msg447943#msg447943

Can we settle this nonsense?

[KEmperor]

Which means nothing, because if the constitution wasn't already the supreme law of the land, then an amendment to it can't change that. It's like Virginia passing a law that says everything they do is now the supreme law of the land.

Unless that amendment was approved by the government of every region, I don't see that it's of any relevance.

All Amendments are ratified by The People in a public vote.  The citizens of Atlasia voted to approve this law.  All power to govern ultimately lies with The People, and they have spoken.

[jokerman]

Which means nothing, because if the constitution wasn't already the supreme law of the land, then an amendment to it can't change that. It's like Virginia passing a law that says everything they do is now the supreme law of the land.

Unless that amendment was approved by the government of every region, I don't see that it's of any relevance.

... which is one of the reasons for which, I imagine, we had to create a new constitution.

Exactly, that hasn't come into effect yet, meaning the federal government's legislation on the matter wasn't protected by the amendment.

[John Dibble]

Which means nothing, because if the constitution wasn't already the supreme law of the land, then an amendment to it can't change that. It's like Virginia passing a law that says everything they do is now the supreme law of the land.

Unless that amendment was approved by the government of every region, I don't see that it's of any relevance.

All Amendments are ratified by The People in a public vote.  The citizens of Atlasia voted to approve this law.  All power to govern ultimately lies with The People, and they have spoken.

For the record: https://uselectionatlas.org/FORUM/index.php?topic=12701.0

41 people for, 13 against. I think it is probably safe to assume that a majority in every region passed it.

[KEmperor]

Which means nothing, because if the constitution wasn't already the supreme law of the land, then an amendment to it can't change that. It's like Virginia passing a law that says everything they do is now the supreme law of the land.

Unless that amendment was approved by the government of every region, I don't see that it's of any relevance.

All Amendments are ratified by The People in a public vote.  The citizens of Atlasia voted to approve this law.  All power to govern ultimately lies with The People, and they have spoken.

For the record: https://uselectionatlas.org/FORUM/index.php?topic=12701.0

41 people for, 13 against. I think it is probably safe to assume that a majority in every region passed it.

Thank you, I was looking for that.

[Jake]

I don't know what order Ford keeps talking about. I haven't talked to States for a week.  About everything else, if a Southeastern citizen wants to challenge my order, they of course, have that right.

[jokerman]

I don't know what order Ford keeps talking about. I haven't talked to States for a week.  About everything else, if a Southeastern citizen wants to challenge my order, they of course, have that right.

And they haven't.  There has been huge support for these actions by southeastern citizens.

[Jake]

Exactly, if a challenge were to be made, I would rule on that challenge eventually.

[John Dibble]

I don't know what order Ford keeps talking about. I haven't talked to States for a week.  About everything else, if a Southeastern citizen wants to challenge my order, they of course, have that right.

And they haven't.  There has been huge support for these actions by southeastern citizens.

I don't support this action in the least. I can't comment too much because I'll be a Justice in the trial, but I have two words to describe Jake's actions - judicial activism.