Ernest v. Porce
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April 26, 2024, 05:35:53 AM
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Author Topic: Ernest v. Porce  (Read 754 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: February 25, 2006, 12:53:15 AM »

So as to determine whether the Vice President can perform the duties of Acting President and President of the Senate, I'm launching this case.

Specifically, I'm asking the Court to rule on whether Ebowed can ignore a function specifically given to the President of the Senate under the OPSR while performing as Acting President.
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TomC
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Junior Chimp
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« Reply #1 on: February 26, 2006, 11:34:58 AM »

We've had a busy week, but we are discussing whether or not we have jurisdiction over this matter. Thanks for your patience. If the potential defendant wishes to address the matter, and whether or not the Court should hear it, feel free.
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Emsworth
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« Reply #2 on: February 26, 2006, 12:11:09 PM »
« Edited: February 26, 2006, 12:14:01 PM by Emsworth »

Justice Emsworth delivered the opinion of the Court, in which the Chief Justice and Justice Colin Wixted joined.

The Supreme Court is asked to determine if the Vice President, while performing the duties of Acting President, can ignore a function specifically given to the President of the Senate under the Official Senate Procedural Resolution.

This court finds that it has no jurisdiction over the case. Under the Constitution, the Senate has the sole power to "establish rules for its proceedings" (Article I, Section 3, Clause 1). This provision implies that the Senate alone is responsible for enforcing its own rules. The judiciary has no authority over the issue. 

If Ebowed had ignored a function given to the President of the Senate by the Constitution or by the law, then this court would be entitled to resolve the controversy. However, in this case, he has supposedly ignored a function given to the President of the Senate by the Senate's rules; thus, this court has no power to intervene. The case is accordingly dismissed.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #3 on: February 26, 2006, 12:20:30 PM »

An understandable passing of the buck.  But the underlying issue needs to be resolved.  While Jedi has only engaged in what at worst could be described as a mild overreach of his authority, if we had a truly attrocious misuse of power, we'd have no recourse as things stand now.  I'll see if there is anything else I can do to force a resloution of this issue.
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