Request for review: Loftegen's appointment of "acting" cabinet members

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Request for review: Loftegen's appointment of "acting" cabinet members
Tweet Topic Started: Apr 6 2016, 09:13 PM (600 Views)
Funkadelia	Apr 6 2016, 09:13 PM Post #1
Posts: 2,155 Group: King of the Undead Member #86 Joined: Apr 22, 2015 Alignment Chaotic Neutral Military Stance Raider Political Views Socialist Nation in Lazarus Funkadelia	If it pleases the court, I hereby submit the following actions by Sovereign Loftegen to the court for review. On 6 April 2016, Loftegen made an address regarding the absence of current Grand Commandant of the Guards Kazmr and, to the point of contention in this court, appointed Horse as "acting" grand commandant. I posit that this action is illegal under the Constitution of Lazarus, based on the following clause: Quote: (5) The Sovereign shall nominate ministers and the Grand Assembly may confirm such nominees by a majority vote. Allowing the Sovereign to appoint "acting" cabinet officials allows them to circumvent the requirement of having the citizens vote on their nomination for as long as they feel. I submit this government policy to the court for review. Edited by Funkadelia, Apr 6 2016, 09:13 PM.



Amerion	Apr 7 2016, 04:58 AM Post #2
Star Destroyer Posts: 6,524 Group: Accused Member #29 Joined: Apr 9, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Amerion Discord Amerion#9702	This request has been noted by the Court. For reference, under Article V of the Unified Legal Code, the following procedure shall be observed in these proceedings: Article V - Legal Inquiries (1) A Legal Inquiry may initiated by any citizen submitting a query of the constitutionality of a law, treaty or government policy. (2) This query must be accompanied by a legal argument to justify an inquiry; the Chief Justice will determine this at their discretion. (3) During the inquiry the Chief Justice will conduct an investigation into the matter, seeking to establish the facts. Any interested party may submit an amicus brief, presenting a legal argument to help guide the investigation and assist the Justices in reaching a decision. (4) Once the investigation concludes the Justices will privately discuss the matter, and issue a ruling resolving the issue by majority decision. (5) Such rulings will consist of a decision as to to the constitutionality of the law, treaty or government policy in question, with recommended action for the legislature if needed, and the initiation of a Criminal Inquiry should illegal activity be determined to have occurred. (6) Rulings will take effect 72 hours later, if not appealed. Chief Justice Constie will begin an investigation into the matter as soon as possible. In the meantime, I encourage interested parties to submit briefs for the Court to review.



Harmoneia	Apr 7 2016, 02:38 PM Post #3
Mhysa Posts: 657 Group: Accused Member #42 Joined: Apr 11, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Harmoneia	Well, Kazmr was indeed inactive and perhaps need immediate replacement, but to be fair, I think that allowing "acting" ministers to be instantly appointed defeats the basic logic underlying a confirmation.



Loftegen	Apr 7 2016, 04:18 PM Post #4
Supreme Autocrat Posts: 11,070 Group: Members Member #108 Joined: Apr 23, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent	Harmoneia Apr 7 2016, 02:38 PM Well, Kazmr was indeed inactive and perhaps need immediate replacement, but to be fair, I think that allowing "acting" ministers to be instantly appointed defeats the basic logic underlying a confirmation. Except that it happens all the time in the real world, and nobody considers it a terribly big deal unless they're trying to make political hay with it.



Loftegen	Apr 8 2016, 06:36 AM Post #5
Supreme Autocrat Posts: 11,070 Group: Members Member #108 Joined: Apr 23, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent	As promised, my brief. There are two basic positions one may take regarding the philosophy of law. One position is that if a thing is not expressly permitted, it is illegal. The other is that if a thing is not expressly forbidden, it is legal. The case currently before the Grand Court asks if it is permissible for the Sovereign to appoint Acting Ministers to fill vacancies in the Ministries until a permanent appointee is confirmed by the Grand Assembly. We hold that it is permissible, given that the Mandate does not forbid it. Article Four, Section 5 of the Mandate says: The Sovereign shall nominate ministers and the Grand Assembly may confirm such nominees by a majority vote. In contrast, Article Two, Section 2 of the United States Constitution says: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. It is to be noted that the Mandate does not mention Ambassadors; yet I have appointed a number of ambassadors without any fuss being made. It is worth noting that Article Four, Section 7 of the Mandate says: The Grand Assembly may pass laws regulating the business of the ministries. Yet no such laws have been enacted. Are the ministries then unable to act in any way? No. Since the adoption of the Mandate, the ministers have done essentially as they see fit, with no legislative oversight. Again, no fuss has been made, implying that this is perfectly acceptable. Article Seven, Section 4 of the Mandate says: The Grand Commandant must be an active duty officer in the Lazarene Liberation Army, unless no officers are willing to serve or have passed confirmation by the Grand Assembly. On May 21, 2015, Kazmr posted this in the LLA Public forum: "I am happy to appoint Drop Your Pants and Deadeye Jack as new LLA Officers!" A search of the Grand Assembly thread did not reveal any confirmation hearings or votes for these two officers, despite the Mandate requiring such. Indeed, Kazmr made these appointments before he was confirmed as Grand Commandant! Furthermore, on the same day, complaintant Funkadelia posted this in a thread titled 'Nominations': "I think Gulliver has already set a precedent for procedure in place of codified procedure. It would be pointless to hold up activity even more just so we can finally pass a procedural code." It has been said that for the Sovereign to appoint acting officers would violate the Mandate and set a bad precedent. We submit that the current Sovereign is only following in the footsteps of his predecessor.



Harmoneia	Apr 8 2016, 07:25 AM Post #6
Mhysa Posts: 657 Group: Accused Member #42 Joined: Apr 11, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Harmoneia	Quote: Except that it happens all the time in the real world, and nobody considers it a terribly big deal unless they're trying to make political hay with it. Depends which real country. In my country it happens, but only because no confirmation is necessary for cabinet appointments in my country. In this game, we know too well that the point of that law is to prevent another Feux and Stu. Also, just minor comments: Quote: A search of the Grand Assembly thread did not reveal any confirmation hearings or votes for these two officers, despite the Mandate requiring such. The Mandate does not require such. Quote: It has been said that for the Sovereign to appoint acting officers would violate the Mandate and set a bad precedent. We submit that the current Sovereign is only following in the footsteps of his predecessor. Two wrongs do not make a right.



Aguero	Apr 8 2016, 09:33 AM Post #7
Taeyeon's Bae Posts: 1,228 Group: Citizen Member #218 Joined: Oct 31, 2015 Alignment Chaotic Evil Military Stance Mercenary Political Views Independent Nation in Lazarus Caldariat	I see a internal conflict coming..



Constie	Apr 8 2016, 12:13 PM Post #8
Chief Justice Emeritus of the Grand Court Posts: 830 Group: Accused Member #132 Joined: Apr 28, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent	Am I correct in saying that Kazmr will be reinstated should he become active again?



Loftegen	Apr 8 2016, 02:54 PM Post #9
Supreme Autocrat Posts: 11,070 Group: Members Member #108 Joined: Apr 23, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent	Constie Apr 8 2016, 12:13 PM Am I correct in saying that Kazmr will be reinstated should he become active again? No. I don't know when Kazmr will return, so I've nominated Horse to the office of Grand Commandant. Assuming he's confirmed, he'll be the guy from now on.



Loftegen	Apr 8 2016, 02:58 PM Post #10
Supreme Autocrat Posts: 11,070 Group: Members Member #108 Joined: Apr 23, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent	Harmoneia Apr 8 2016, 07:25 AM Also, just minor comments: Quote: A search of the Grand Assembly thread did not reveal any confirmation hearings or votes for these two officers, despite the Mandate requiring such. The Mandate does not require such. Then this is poorly worded: Article Seven, Section 4 of the Mandate says: The Grand Commandant must be an active duty officer in the Lazarene Liberation Army, unless no officers are willing to serve or have passed confirmation by the Grand Assembly.



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