Challenge to election administrator nomination
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  Challenge to election administrator nomination
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Poirot
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« on: June 25, 2016, 10:08:38 PM »

I am asking the Supreme Court to invalidate the "confirmation" of the election administrator Tmthforu94 that took place June 23th-24th because it was done by the House and it should be a power of the Senate. The confirmation didn't follow the process and the nominee should not have the right to act as election administrator.

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Southern Senator North Carolina Yankee
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« Reply #1 on: June 26, 2016, 12:04:28 AM »
« Edited: June 26, 2016, 12:10:19 AM by Eternal Senator North Carolina Yankee »

This is ridiculous.


Look, Poirot I have a lot of respect for you, but Atlasia is going through a transition right now and one thing this game doesn't need is nitpicky ass lawsuits that don't change anything except to sap up precious time and delay in the implementation of the god damn reforms. Arguably, the whole reason this process had to be rushed was because of the previous such lawsuit delayed the seating of the House, a lawsuit mind you, that didn't change the result in any election for which the ruling applied.
 
Also, the election is still going to be certified by Rpryor anyway, and therefore he will handle any all matters pertaining to the application of laws and such. All Tmth did was open a booth, so that we could elect a President before we litteraly run out of time. Adam leaves office in a matter of days, not weeks, DAYS!!!

What do you think happens when the Presidential term expires and we have no President or Vice President. There are no succession laws in place. Do you really want to nuke this game like that? No Preisdent to appoint anybody, or sign a law pertaining to his succession. Basically a year plus of hard work is for nothing and Al, TNF and their criminal gang wins. Is that what you want?
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Unconditional Surrender Truman
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« Reply #2 on: June 26, 2016, 12:08:58 AM »

To add to what Yankee said, Article III of the Constitution clearly states that the confirmative power is a general power of Congress, not exclusive to the Senate (I made this mistake myself a few days ago in regards to the GM). While the Senate has the exclusive power to confirm the heads of executive departments, the post to which Tmth was appointed ("Emergency Election Administrator") is not part of the cabinet. Thus, the House was fully within its rights to confirm him.
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cinyc
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« Reply #3 on: June 26, 2016, 12:14:13 AM »

This is ridiculous.


Look, Poirot I have a lot of respect for you, but Atlasia is going through a transition right now and one thing this game doesn't need is nitpicky ass lawsuits that don't change anything except to sap up precious time and delay in the implementation of the god damn reforms. Arguably, the whole reason this process had to be rushed was because of the previous such lawsuit delayed the seating of the House, a lawsuit mind you, that didn't change the result in any election for which the ruling applied.
 
Also, the election is still going to be certified by Rpryor anyway, and therefore he will handle any all matters pertaining to the application of laws and such. All Tmth did was open a booth, so that we could elect a President before we litteraly run out of time. Adam leaves office in a matter of days, not weeks, DAYS!!!

What do you think happens when the Presidential term expires and we have no President or Vice President. There are no succession laws in place. Do you really want to nuke this game like that? No Preisdent to appoint anybody, or sign a law pertaining to his succession. Basically a year plus of hard work is for nothing and Al, TNF and their criminal gang wins. Is that what you want?

The most important lawsuits are the ones filed early.  They set a precedent for what is the law to come.  That previous supposedly nitpicky lawsuit about who could vote in the House elections set an important precedent that applies to future elections where the election might be decided by those who just re-registered, or might lead us to a constitutional amendment to fix this loophole.  It was important.

This lawsuit is equally important, and will determine which branch of Congress has confirmatory power.  It is very important that the very first acts of the new government are done to the letter of the law, as they are the most likely to set precedent for the future.
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Southern Senator North Carolina Yankee
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« Reply #4 on: June 26, 2016, 12:20:59 AM »

This is ridiculous.


Look, Poirot I have a lot of respect for you, but Atlasia is going through a transition right now and one thing this game doesn't need is nitpicky ass lawsuits that don't change anything except to sap up precious time and delay in the implementation of the god damn reforms. Arguably, the whole reason this process had to be rushed was because of the previous such lawsuit delayed the seating of the House, a lawsuit mind you, that didn't change the result in any election for which the ruling applied.
 
Also, the election is still going to be certified by Rpryor anyway, and therefore he will handle any all matters pertaining to the application of laws and such. All Tmth did was open a booth, so that we could elect a President before we litteraly run out of time. Adam leaves office in a matter of days, not weeks, DAYS!!!

What do you think happens when the Presidential term expires and we have no President or Vice President. There are no succession laws in place. Do you really want to nuke this game like that? No Preisdent to appoint anybody, or sign a law pertaining to his succession. Basically a year plus of hard work is for nothing and Al, TNF and their criminal gang wins. Is that what you want?

The most important lawsuits are the ones filed early.  They set a precedent for what is the law to come.  That previous supposedly nitpicky lawsuit about who could vote in the House elections set an important precedent that applies to future elections where the election might be decided by those who just re-registered, or might lead us to a constitutional amendment to fix this loophole.  It was important.

This lawsuit is equally important, and will determine which branch of Congress has confirmatory power.  It is very important that the very first acts of the new government are done to the letter of the law, as they are the most likely to set precedent for the future.

Look, any other case, I would be 100% with you. But this is different, the game is litterally on the line until we get through this transition period.

And as for the previous lawsuit, it was indeed pointless because guess what, it has been reversed by statute. All it did was delay the House, which in turn delayed the election law and the appointment and left us with this situation here. I respect Evergreen and I respect Poirot, but this situation here is one that essential to the very survival of the game, even the loathed god of ATlasian legalism (as descrbied by the radicals), is willing to put the survival of the game first in this instance.
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windjammer
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« Reply #5 on: June 26, 2016, 04:08:44 AM »

This has been seen and my colleagues will be alerted.
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Poirot
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« Reply #6 on: June 26, 2016, 01:48:41 PM »

Even if the House had the power to conform someone running elections, I don't think the election administrator had a majority of votes for confirmation when he acted in that authority in opening the booth.
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Southern Senator North Carolina Yankee
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« Reply #7 on: June 26, 2016, 04:15:15 PM »
« Edited: June 26, 2016, 04:28:01 PM by Eternal Senator North Carolina Yankee »

Even if the House had the power to conform someone running elections, I don't think the election administrator had a majority of votes for confirmation when he acted in that authority in opening the booth.

But he did get a majority and he would have gotten a majority in the Senate. What do you expect to happen, poirot, what is your end goal?

It is easy to find a technicality to bring a process to a screeching halt, but the problem is Presidential term is over. What wrong has been committed by Tmth, except allowing democracy to occur, and what remedy could be given besides leaving Atlasia leaderless in a time of crisis and transition?

The reason we have laws is so that the people may be able to vote and decide their destiny, therefore the law must not be contrived to stand in the way of the will of people and interests of preserving said democratic system.
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Poirot
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« Reply #8 on: June 26, 2016, 11:26:05 PM »

To add to what Yankee said, Article III of the Constitution clearly states that the confirmative power is a general power of Congress, not exclusive to the Senate (I made this mistake myself a few days ago in regards to the GM). While the Senate has the exclusive power to confirm the heads of executive departments, the post to which Tmth was appointed ("Emergency Election Administrator") is not part of the cabinet. Thus, the House was fully within its rights to confirm him.

That part of Section III of the constitution came from the vote on what should be federal powers vs what is left to regions. It's there because it's a federal power, not because the President can choose which house he prefers to have the hearing. Power of Congress could mean both legislative bodies.

Section IV speaks of The President appointing officers with the consent of the Senate.
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Unconditional Surrender Truman
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« Reply #9 on: June 28, 2016, 10:08:54 AM »

To add to what Yankee said, Article III of the Constitution clearly states that the confirmative power is a general power of Congress, not exclusive to the Senate (I made this mistake myself a few days ago in regards to the GM). While the Senate has the exclusive power to confirm the heads of executive departments, the post to which Tmth was appointed ("Emergency Election Administrator") is not part of the cabinet. Thus, the House was fully within its rights to confirm him.

That part of Section III of the constitution came from the vote on what should be federal powers vs what is left to regions. It's there because it's a federal power, not because the President can choose which house he prefers to have the hearing. Power of Congress could mean both legislative bodies.

Section IV speaks of The President appointing officers with the consent of the Senate.
No, Article IV says that the Senate confirms the cabinet, not all presidential appointments. The Emergency Election Administrator does not lead a cabinet department, and thus does not fall under the jurisdiction of that particular clause. 
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Poirot
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« Reply #10 on: June 28, 2016, 12:08:54 PM »

The nomination is to give someone the role and powers of the Secretary of Federal Elections, opening and operating an election. It's an important role. I think it's always been considered part of Cabinet, an executive position.

Maybe the Senate could always be easily by-passed for confirmation. Instead of nomination an Attorney General, you name a "prosecutor" with the same role and powers and say it's not really an executive position.
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TJ in Oregon
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« Reply #11 on: July 02, 2016, 07:23:38 PM »

The Supreme Court has seen this thread and discussed the matter. We have come to the conclusion not to take the case. This decision should not be construed as a ruling on the substantial questions in this suit but rather as an act of judicial discretion not to unduly interfere with the democratic process.

The Court thanks the plaintiff for his time and his attentiveness for the rule of law.
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