Opening Statement:

The Republic of Krameria was founded upon principles of democratic governance, principles that the president has denied to the citizens of Fortitude by unilaterally installing a user with only one message in the Republic of Krameria as the governor. The defense is right in that the president enforces the laws and constitution of the nation, however in this case that mandate has been misapplied. It is undeniable that Fortitude does not have an active government, however that does not mean that the president can force a government upon its citizens without their consent.

Subject of Dispute - Governor of Fortitude

Both the plaintiff and the defense agree on a set of basic facts. All states are supposed to have a form of democratic governance, and that the president is supposed to enforce the constitution. However, where the two sides diverge is how and when this power should be used. The president unilaterally appointed someone to run a state, letting no active citizens of Fortitude participate in their own government. The prosecution acknowledged that democratic governance is mandated by the constitution, however the president’s executive order leaves no room for democratic governance. The people of Fortitude were left out of this decision, and thus were denied the exact kind of governance the defense argued that the president was providing.

The Republic of Krameria is a federal government with clear lines drawn between the powers of the federal and state governments. Title II, article 12 of the Constitution states “The powers not delegated to Krameria by these articles, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” No article in the constitution gives the president the power to select a governor of the state, thus it is given to the state government or the people. Since the people are charged with maintenance of their own state government, they are responsible for making sure candidates run for office. If the president wanted to shore up activity in the government of Fortitude, he should have been using his position to recruit people to actively participate and start running for offices when they are constitutionally able to run. While a government may be inactive, democracy remains in the people’s ability to revive it when effort is displayed. In forcing a governor upon the state, the president went against the “mandate of democracy” that the defense spoke about in their brief.

There is no clause in the constitution that gives the president the ability to appoint a governor, which makes the executive order in question an act of presidential prerogative. This prerogative power is essential for helping the president navigate through emergencies, however it must have limits to prevent abuses of power. A president cannot be allowed to unilaterally select the governor of states, even if the state does not have an active government. Democracy is not clearly defined in the constitution, which gives the president extraordinary discretion on how to enforce it. If the government of a state is engaging in a policy that the president deems “undemocratic”, does he then have an obligation to oust that government and replace it with one that is? Broadening the discretion of the executive prerogative is dangerous to the balance of power within the constitution, and could be abused later down the line.

Summary:

The President of the Republic of Krameria has no legal authority to appoint a governor of a state, and was trying to subvert the Constitution of the State of Fortitude and the Constitution of the Republic of Krameria through his illegal executive order. A President with the power to unilaterally appoint governors based on arbitrary definitions of democracy is dangerous, and gives the presidency a power that can be easily abused. Therefore, the plaintiff pleads for the overturning of Executive Order #1436 in its entirety, and for sovereignty to be placed back in the hands of the people of Fortitude as they elect their next governor.

Signed,

Alexander Legion

Alexander Legion

Owner, Republic of Krameria