Boss Tweed v. Atlasian 'Minority Business Development Agency Abolition'

[© tweed]

Clause 28 applies to Creation of Executive Departments, and clause 30 says, basically, the senate can make laws to execute the creation of executive departments "as it may deem necessary." Does this not give the authority to the senate to create laws regarding the executive departments?

Twist it around in circular logic every which way you desire, but the point remains, nowhere is it enumerated that the Senate has the power to abolish executive departments.

[Emsworth]

Twist it around in circular logic every which way you desire, but the point remains, nowhere is it enumerated that the Senate has the power to abolish executive departments.

Nowhere does it say that the Senate has the power to make peace. Does that mean that, once war is declared, the nation must remain at war forever? Or does the power to make war imply the power to make peace?

[© tweed]

Twist it around in circular logic every which way you desire, but the point remains, nowhere is it enumerated that the Senate has the power to abolish executive departments.

Nowhere does it say that the Senate has the power to make peace. Does that mean that, once war is declared, the nation must remain at war forever? Or does the power to make war imply the power to make peace?

Clause 18 gives the senate the power to declare war, but not to declare peace:

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However, Clause 20 gives the senate the power to declare peace.

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[Emsworth]

Article VIII, Section 2 of the Constitution provides as follows:

1. These Executive Departments are hereby established: State, Defense, Treasury, Justice and Forum Affairs. [...]

5. The Senate shall have appropriate power via legislation to repeal or amend anything in this Section.

Article VIII, Section 2 appears to give the Senate the power to establish new departments "via legislation." But, by the same line of reasoning, it gives the Senate the power to abolish old departments "via legislation." Is that not true?

[Sam Spade]

Tweed, are you intending on going to law school?

If so, you need to brush up a little on argumentation and logic, because it's highly amusing to watch you destroy your own case with so little care. 

[© tweed]

Article VIII, Section 2 of the Constitution provides as follows:

1. These Executive Departments are hereby established: State, Defense, Treasury, Justice and Forum Affairs. [...]

5. The Senate shall have appropriate power via legislation to repeal or amend anything in this Section.

Article VIII, Section 2 appears to give the Senate the power to establish new departments "via legislation." But, by the same line of reasoning, it gives the Senate the power to abolish old departments "via legislation." Is that not true?

Absent a multiple regression analysis you cannot draw such a parallel.

[Brandon H]

Article VIII, Section 2 of the Constitution provides as follows:

1. These Executive Departments are hereby established: State, Defense, Treasury, Justice and Forum Affairs. [...]

5. The Senate shall have appropriate power via legislation to repeal or amend anything in this Section.

Article VIII, Section 2 appears to give the Senate the power to establish new departments "via legislation." But, by the same line of reasoning, it gives the Senate the power to abolish old departments "via legislation." Is that not true?

"To Amend or Repeal via legislation" would mean that the Senate has the power to create or eliminate a Department or Sub-Department.

I must also note if Article VIII did not exist, I believe Tweed would have had a really good chance at winning this case. This is in regards to Departments and Sub-Departments which are specifically dealth with here. There could be some challenge in the future which deals with undoing something that the Senate has the power to do, but if not specifically stated that it has the power to undo. I would suggest an Amendment be drafted that would add a clause to Article 1, Section 5 that would state the Senate has the power to undo any of the previously specified actions. In that section, that power is not stated, and assuming it does exist while it is not written out, would set a dangerous precedent in the future.