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 (602 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.

Replies:
Constie	Apr 8 2016, 03:13 PM Post #11
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	Loftegen Apr 8 2016, 02:54 PM 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. I am of the opinion that Horse is NOT the Grand Commandant until he is confirmed as such. I also believe that the other officers should have a say in the matter before Horse is made to have a confirmation hearing by the Grand Assembly. The Mandate provides for a way of a new cabinet being appointed, but says nothing of appointed an Interim minister or "acting" minister. If the Lazarene Liberation Army chooses to appoint an Acting Grand Commandant, that decision should come from the current acting officers Edited by Constie, Apr 8 2016, 03:16 PM.



Harmoneia	Apr 8 2016, 03:26 PM Post #12
Mhysa Posts: 657 Group: Accused Member #42 Joined: Apr 11, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent Nation in Lazarus Harmoneia	Loftegen Apr 8 2016, 02:58 PM 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. it means the "unless there's an officer confirmed to be Grand Commandant" in other words, The Grand Commandant should be an active serving Officer/Commandant of Guards, unless they refuse to be Grand Commandant, or fails to be confirmed as Grand Commandant, not officer. Officers are freely appointed by Commandant.



Constie	Apr 8 2016, 03:38 PM Post #13
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	Another thing, I also doubt the legality of Loftegen's ability to appoint an officer, rather than asking Kazmr by telegram or conferring with the incumbent officers. Regardless of past service, the speed of Horse's ascent to being nominated for Grand Commandant indicates that the LLA is losing its ability to handle its internal affairs, which worries me a great deal. For the time being, i request that the Confirmation process for Horse be postponed until this matter can be investigated to its fullest extent. Edited by Constie, Apr 8 2016, 03:39 PM.



Loftegen	Apr 8 2016, 05:04 PM Post #14
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, 03:13 PM I am of the opinion that Horse is NOT the Grand Commandant until he is confirmed as such. I also believe that the other officers should have a say in the matter before Horse is made to have a confirmation hearing by the Grand Assembly. The Mandate provides for a way of a new cabinet being appointed, but says nothing of appointed an Interim minister or "acting" minister. If the Lazarene Liberation Army chooses to appoint an Acting Grand Commandant, that decision should come from the current acting officers That's an opinion I share: Horse is not the Grand Commandant, yet. The Grand Assembly has yet to confirm him in that office. He is, however, acting as Grand Commandant; I think that fact deserves recognition, hence the 'Acting Grand Commandant' tag. The Mandate gives officers no special say in who the Grand Commandant is. The Mandate does allow officers to create new ranks within their own class (Commandant of Guards) and the enlisted class (Army Guards) by majority vote, and to veto the dismissal of members by the Grand Commandant by a two-thirds vote. It says nothing about them choosing a new Grand Commandant from amongst themselves. The Sovereign might poll them for their opinion, but in the end the decision is his, not theirs. Finally, if the Sovereign cannot appoint Acting Ministers, how can the officers of the LLA do so?



Loftegen	Apr 8 2016, 05:09 PM Post #15
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, 03:26 PM it means the "unless there's an officer confirmed to be Grand Commandant" in other words, The Grand Commandant should be an active serving Officer/Commandant of Guards, unless they refuse to be Grand Commandant, or fails to be confirmed as Grand Commandant, not officer. Officers are freely appointed by Commandant. That may be what the Framer intended it to mean, and I'll even concede that that is the meaning. It does, however, remain a poorly worded clause, and should be amended to clear up the potential abiguity.



Loftegen	Apr 8 2016, 05:15 PM Post #16
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, 03:38 PM Another thing, I also doubt the legality of Loftegen's ability to appoint an officer, rather than asking Kazmr by telegram or conferring with the incumbent officers. Regardless of past service, the speed of Horse's ascent to being nominated for Grand Commandant indicates that the LLA is losing its ability to handle its internal affairs, which worries me a great deal. For the time being, i request that the Confirmation process for Horse be postponed until this matter can be investigated to its fullest extent. It's also worth noting that the Mandate doesn't make any mention of the Grand Commandant being able to appoint officers either.



Funkadelia	Apr 8 2016, 06:04 PM Post #17
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	Constie Apr 8 2016, 03:13 PM Loftegen Apr 8 2016, 02:54 PM 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. I am of the opinion that Horse is NOT the Grand Commandant until he is confirmed as such. I also believe that the other officers should have a say in the matter before Horse is made to have a confirmation hearing by the Grand Assembly. The Mandate provides for a way of a new cabinet being appointed, but says nothing of appointed an Interim minister or "acting" minister. If the Lazarene Liberation Army chooses to appoint an Acting Grand Commandant, that decision should come from the current acting officers Is this the court's official ruling or...?



Loftegen	Apr 8 2016, 06:13 PM Post #18
Supreme Autocrat Posts: 11,070 Group: Members Member #108 Joined: Apr 23, 2015 Alignment Lawful Good Military Stance Neutral Political Views Independent	Funkadelia Apr 8 2016, 06:04 PM Constie Apr 8 2016, 03:13 PM Loftegen Apr 8 2016, 02:54 PM 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. I am of the opinion that Horse is NOT the Grand Commandant until he is confirmed as such. I also believe that the other officers should have a say in the matter before Horse is made to have a confirmation hearing by the Grand Assembly. The Mandate provides for a way of a new cabinet being appointed, but says nothing of appointed an Interim minister or "acting" minister. If the Lazarene Liberation Army chooses to appoint an Acting Grand Commandant, that decision should come from the current acting officers Is this the court's official ruling or...? Wouldn't an official opinion come with a write-up of the reasoning behind it? I would certainly hope so...



Powthran	Apr 8 2016, 07:38 PM Post #19
Lazarene Posts: 523 Group: Members Member #103 Joined: Apr 22, 2015 Alignment Lawful Neutral Military Stance Uninterested Political Views Conservative Nation in Lazarus Powthran	Funkadelia Apr 8 2016, 06:04 PM Is this the court's official ruling or...? I feel confident in saying that isn't the official ruling. We will have one soon though.



Constie	Apr 8 2016, 07:45 PM Post #20
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	Funkadelia Apr 8 2016, 06:04 PM Constie Apr 8 2016, 03:13 PM Loftegen Apr 8 2016, 02:54 PM 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. I am of the opinion that Horse is NOT the Grand Commandant until he is confirmed as such. I also believe that the other officers should have a say in the matter before Horse is made to have a confirmation hearing by the Grand Assembly. The Mandate provides for a way of a new cabinet being appointed, but says nothing of appointed an Interim minister or "acting" minister. If the Lazarene Liberation Army chooses to appoint an Acting Grand Commandant, that decision should come from the current acting officers Is this the court's official ruling or...? no, the justices still have to meet and officially decide



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