Emsworth
Junior Chimp
Posts: 9,054
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« on: February 20, 2006, 12:08:23 AM » |
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« edited: February 20, 2006, 10:36:56 AM by Emsworth »
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As both parties have presented their arguments, Chief Justice TCash and I are now prepared to rule on this case.
Boss Tweed v. Atlasia
Justice Emsworth delivered the opinion of the Court, in which the Chief Justice joined.
Part I
The Office of Minority Business Enterprise was established in 1969 under Executive Order 11458. This organization was renamed the Minority Business Development Agency in 1979. In 2006, the Senate passed, and Acting President Ebowed signed, the Minority Business Development Agency Abolition Act, which provides:
"1. The Minority Business Development Agency is hereby abolished.
2. Any laws relating to the Minority Business Development Agency are repealed."
The petitioner, Boss Tweed, filed suit on February 14, 2006, charging that the law is unconstitutional because the Senate does not have the power to abolish executive agencies. This Court accepted the case on February 17.
Part II
In the words of Justice Sandra Day O'Connor, "this case has an aura of unreality about it." The petitioner argues that, although new federal agencies may be established, they may not be abolished. It would be difficult, however, to sustain such an extraordinary proposition.
The petitioner relies on Article I, Section 5, Clause 28, which authorizes the Senate "To create the Executive Departments as it may deem necessary and to assign duties to their officers." However, we do not see how this clause is in any way relevant to this case. Article VIII, Section 2, Clause 1 indicates only five executive departments, and the Minority Business Development Agency is not one of them. Likewise, Article II, Section 1, Clause 4 as well as makes it clear that the term "executive department" refers to a Cabinet-level organization; needless to say, the Minority Business Development Agency does not fulfill this criterion. Since the Minority Business Development Agency is merely an agency, and not a department, Clause 28 is utterly irrelevant to our analysis.
The federal government's power to establish executive agencies arises under Article I, Section 5, Clause 30, or the necessary and proper clause. This clause grants the Senate the power "to make all laws which shall be necessary and proper for carrying into execution the powers enumerated in this section, and all other powers vested by this Constitution in the government of the Republic of Atlasia, or in any department or officer thereof." The terms of this clause are broad, and encompass the power to regulate the organization and structure of the federal government. The Minority Business Development Agency Abolition Act merely exercised this power.
Finally, the fact that the Minority Business Development Agency was created by an executive order does not mean that the Senate cannot abolish it. Article I, Section 5, Clause 30, as noted above, grants the Senate the power "to make all laws which shall be necessary and proper for carrying into execution ... all other powers vested by this Constitution in the government of the Republic of Atlasia." This includes the power to make rules governing the validity of executive orders. It is well-established that the Senate may nullify, repeal, revoke, terminate or de-fund any executive order by legislation. Thus, the fact that the Minority Business Development Agency Abolition Act overrides an earlier executive order is of no importance.
For these reasons, we conclude that the Minority Business Development Agency Abolition Act is constitutional.
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