Confederacy v. Arstotzkan Union

Confederacy v. Arstotzkan Union
Supreme Federal Court of the Arstotzkan Union
Submitted 25 June, 2022 Argued 27 June, 2022 Decided 30 June, 2022
Full case name	The People of the Confederate Democracy of Gamers v. Arstotzkan Federal Government of the Independent Federal Republic of the Arstotzkan Union
Citations	Confederacy v. Arstotzkan Union SFCAU BCJ 1 A.U.L.R 1 (2022)
Claim	Arstotzkan Passed Discriminatory Legislation targeted at innocent citizens of both the Confederate Democracy of Gamers and Arstotzkan Union
Holding
Articles 9 - 11 of the Civil Protection Act 2021 & Section 1 of the Preventative Measures Act 2022 are unconstitutional and discriminatory against all citizens
Panel membership
Brinkman CJ, Gedye J
Case opinions
Laws applied
Constitution of the Arstotzkan Union Arstotzkan Statute on Government Systems (2021)

Confederacy v. Arstotzkan Union 1 A.U.L.R 1 [2022] is a landmark case from the Supreme Federal Court of the Arstotzkan Union over whether the Arstotzkan Federal Government shall have the power to create legislation that infringes on the rights of Arstotzkan citizens, whether they may have belonged to the Confederate Democracy of Gamers. The Confederate Legal Team, who were raising the case, were doing so over two Acts of Assembly that enforced discrimination towards Confederate - Arstotzkan citizens. The Acts in question were the Civil Protection Act 2021 and Preventative Measures Act 2022.

The Confederate Legal Team invoked Article 16 of the Constitution of the Arstotzkan Union for the first time in its legislative history. The Article allows for any citizen to file suit against any part of the Arstotzkan Federal Government, namely under Section 2.

On 30 June 2022 the Supreme Federal Court ruled in unanimous favour (2-0) of the Confederacy, and allowing for a constitutional ban on any legislation that discriminates against citizens of the Arstotzkan Union regardless of their previous citizenship.

Background

In 2022 the Arstotzkan Federal Government amended the Civil Protection Act 2021 to include Articles 9 - 11, which state:

Article 9: All persons who were involved, or supported and/or belonged to the former state of the Confederate Democracy of Gamers, shall be exempt from the aforementioned rights set forth in this act.

Article 10: All persons mentioned in Article 9 of this act shall be exempt from the ability to become an immigrant, resident and or citizen of the Independent Federal Republic of the Arstotzkan Union.

Article 11: All persons mentioned in Article 9 shall never be allowed to regain these rights and Article 5 of the Constitution of the Arstotzkan Union shall not apply and all persons of the former Confederate Democracy of Gamers will be barred from entry into the Unified State of the Arstotzkan Union Proper and the Independent Federal Republic of the Arstotzkan Union.

Around the same time the Federal Assembly of the Arstotzkan Union created the Preventative Measures Act 2022, which in Section 1 it states:

Article 1: This Act shall enforce the rules set forth by the June 2021 Foreign Policy.

Article 2: This Act shall renege the rights set forth in the Bill of Rights Act 2022.

Article 3: This Act shall abide by and seek to enforce any Executive Presidential Order, Executive Order or Article in the Constitution of the Arstotzkan Union that enforce the similar rights given to the former co-conspirators and/or leaders or instigators of the rise / creation of the former Confederate Democracy of Gamers and the subsequent Arstotzkan - Confederate War (as defined in the Wars and Conflicts Act 2021)

Article 4: This Act shall henceforth prevent, restrict and withhold the rights of any member of either, New Zealand, the Independent Federal Republic of the Arstotzkan Union (or any other nation holding members of the former Confederate Democracy of Gamers) that in anyway contributed to conspire, insight, direct or instigate violence, treason or any act seen that was with the intent of threatening the: National Security of the Independent Federal Republic of the Arstotzkan Union; Protected Security of the people (includes citizens, residents or immigrants as outlined in the Civil Protection Act 2021) of the Independent Federal Republic of the Arstotzkan Union; Sovereignty and Power of the Independent Federal Republic of the Arstotzkan Union and the Arstotzkan Federal Government; And the safety and well being of the enlisted members of the Arstotzkan Union Defense Forces.

Article 5: This Act shall also henceforth prevent, restrict and withhold the rights of any member of either, New Zealand, the Independent Federal Republic of the Arstotzkan Union (or any other nation holding members of the former Confederate Democracy of Gamers) that was classed as a citizen, resident or of the such in the Confederate Democracy of Gamers.

Article 6: Any current citizen, resident or immigrant (as outlined in the Civil Protection Act 2021) of the Independent Federal Republic of the Arstotzkan Union shall henceforth lose all citizenship, residency or immigrant status (as outlined in the Civil Protection Act 2021) that was a citizen, resident or of the such in the Confederate Democracy of Gamers or: Was enlisted in the Armed Forces of the Confederate Democracy of Gamers; Was apart of the Government of the Confederate Democracy of Gamers Was in direct or indirect support of the Tibbits Administration (defined as illegitimate under the June 2021 Foreign Policy)

And shall forever be restricted from attempting to gain citizenship, residency or immigration status in the Independent Federal Republic of the Arstotzkan Union.

According to the Confederate Legal Team these violate the protected constitutional rights of Confederate - Arstotzkan citizens, who called for legal action against the Arstotzkan Federal Government in mid June 2022 days after the announcement of the re-establishment of the Confederacy.

Evidence

The Confederate Legal Team has brought forward several pieces of Arstotzkan Law that these two acts have violated. The majority of which are contained in the Constitution. These include Article 6 which grants all Arstotzkan Citizens the rights set forth in the Universal Declaration of Human Rights by the UN, which is enacted by the Article. The other pieces of evidence includes, the use of Article 7 of the Universal Declaration of Human Rights, which states:

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 7 is also included, stating:

No person in the Independent Federal Republic of the Arstotzkan Union shall lose any of their inalienable rights, under any circumstances. It must be the priority of the Arstotzkan Federal Government and President(s) of this republic to defend, protect and sustain these rights from foreign threats or radical or tyrannical governments.

Several other Articles of the Constitution which allow for the rights of Arstotzkan Citizens have been included in the case, but Articles 6 & 7 of the Constitution and Article 7 of the UN Declaration on Human Rights are the most valuable to the case.

Ruling

On 30 June 2022, Chief Justice Ethan Brinkman (who is also the First President and thus the executive of all Legislation) ruled in favour of the Confederates. Stating in the Plea of Amendment:

The Rights created and set forth in our Constitution have been crafted over the past three years for the protection of our independent and free citizens. Any person who lives, commutes and or legitimises the Arstotzkan Republic on a daily is an Arstotzkan regardless of extra citizenship and as a citizen of this republic, they should be allowed and hold their rights that have been established in our Constitution. My Government should not have the power to act out of the bounds of our Constitution and its framework to create and ratify discriminatory legislation that may attack, harass and withdraw rights of citizens of our current and former enemy. They may have had some or no involvement and have come and intertwined themselves in our republic and will be given the rights protected by our united socialist republic.

In the eyes of the law and our lord, I do hereby rule in favour of the Confederate Legal Team and grant them the wishes to amend and revoke any discriminatory legislation contained and/or house in our republics government.

As the executive of all legislation, I do offer my apologies to any citizen who faced discrimination at the hands and under the flag of this legislation.

We are a nation striving for individuality and independence and in our conflict we lost these values and we wish to allow every citizen their rights and values of our republic.

Attorney General Peter Geyde, also voted in favour of the plaintiff in this case.