IN THE SUPREME COURT of the REPUBLIC of KRAMERIA
| CLASSICAL RICK,
Complainant,
v.
JAMES HERSEY, in his official capacity;
Respondents. | Case No. Civil Action-08 (CV-08)
BILL OF COMPLAINT FOR CIVIL ACTION FOR DECLARATORY AND INJUNCTIVE RELIEF
Presiding Judge: The Honourable Justices; Ben, CJ. Chloe Harris-Kite, AJ. Foog Foog, AJ. Sempronius Hersey, AJ. Tark, AJ. |
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BILL OF COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
NOW COMES, Classical Rick, appearing pro se in the above captioned matter, brings this Bill of Complaint and alleges as follows:
QUESTIONS PRESENTED
- Whether Article 38 of the Constitution, which mandates that the Court “shall strike laws and actions contrary to the Constitution,” necessitates the invalidation of an Executive Order that is not founded upon a specific law of the Republic.
- Whether the authority to “review, restrain, and invalidate unconstitutional exercises” of power under Article 38 extends to executive actions that lack “proper legal qualification” or that fail to align with the "proper structure of government" established by the Constitution.
- Whether Article 37, which grants the Supreme Court jurisdiction over “all cases arising under the Constitution and laws of the Republic,” provides a standing basis for a citizen to challenge an Executive Order that restricts communication without an underlying statutory mandate.
- Whether an Executive Order that claims authority from the “Constitution and the laws” but fails to cite a specific legislative act constitutes an "unlawful exercise" of power that this Court is constitutionally required to strike
I. JURISDICTION
This Court has jurisdiction pursuant to Article 37 of the Constitution of the Republic of Krameria, which vests judicial power in the Supreme Court and, granting authority over all cases arising under the Constitution and laws of the Republic.
II. STATEMENT OF FACTS
On April 5, 2026, President James Hersey IV issued Executive Order #1447, titled the “GET OUT OF MY OFFICE ORDER”. This order stipulates that no person other than the incumbent or Acting President "shall under any circumstances be permitted to speak in the Hexaoffice channel for any reason." The order claims to be based on the “authority vested in me as President by the Constitution and the laws of the Republic of Krameria,” yet it fails to cite any specific law of the Republic that authorizes the restriction of communication within this channel.
III. CAUSES OF ACTION
The Defendant’s enactment and enforcement of the order violates the Constitution of the Republic of Krameria, including:
- Article 38: The President shall have the power to direct, by order or other device, the faithful execution of the law of the Republic with regard to executive departments, ministries and agencies.
Whenever the law of a particular subject shall be inadequately effective to provide for the execution of such law, the President shall have the power to provide particular regulations and orders in pursuance of such laws, subject to disapproval or alteration by the Congress.
- The Constitution mandates that this Court “shall strike laws and actions contrary to the Constitution.” This power explicitly extends to “unlawful exercises” of power by officers of the government. An Executive Order that lacks a foundation in existing law or violates the “proper structure of government” is an unconstitutional exercise of power that the Court must “review, restrain, and invalidate.”
- Unlawful Exercise of Power: The sources establish that actions are unlawful when an official performs functions that are "constitutionally compromised" or lack "proper legal qualification." By issuing an order that restricts access and speech without a statutory basis, the President is engaging in an exercise of power that is "contrary to the Constitution" and subject to being struck down under Article 38.