*A note arrives to the effect that Woodrow Park plans to file an Amicus Curiae brief tomorrow.*
In the matter of Al'Sahwari v. Jones, if it should please the court, this document is presented as an amicus curiae.
The brief filed on behalf of the plaintiff appears to contain both errors of fact and irrelevant arguments.
- The supplementary registration fees was on "Buses with seating capacity of eight (8) or less" and not limousines. Normal limousines, which are merely chauffeur driven luxury sedans were not impacted. Stretch limousines, where a luxury sedan is modified to provide extra leg room for the back seat, were not impacted. Among limousines, only so-called "super-stretch limousines" were cover by the regulation.
- The reason cited in the regulation, that they were "deemed as detrimental to traffic congestion and thereby interprovincial commerce" was explanatory but not determinative nor necessarily complete. All that mattered was that the supplemental registration fee was imposed, and whether that imposition was constitutional, not whether the regulation was well explained or marketed. Thus the arguments in part 2 of the plaintiff's brief including "has not produced any figures to support it" and "he must produce verifiable research to suport his claims regarding the extent limousines affect traffic and thereby commerce" would seem to have no standing before the court, as is understood from the separation of powers. The regulations were posted for public comment. That which was received were considered. Considering the furor raised by the current and prior Presidents, I believe the current Minister of Finance has opened a supplementary period of public commentary on the existing regulation, which would be the appropriate venue to make arguements about the impacts of these vehicles on commerce, congestion, and pollution, and thus stick to the key point here, whether the imposition of the regulation was constitutional, i.e. within the powers of the Finance Minister, or not.
To that point, I would like to quote a noted jurist, who seems to indicate that there are times when more than one ministry that might have jurisdiction,Justice Marcos before GA said:Your first question poses a situation where a minister acts outside of his portfolio to the economic damage of another, who then sues to recover their damages. If a minister could not make a valid Constitutional argument for why the tariff falls under their responsibility, then the tariff would be void and the foreign lumber company would be entitled to compensation. However, under our current Constitution, both the Finance Minister and the President would have valid standings to enact such tariffs, as they can be considered part of 'foreign policy'.
One should note that the Minister of the Interior has not filed this suit, claiming that his powers were usurped. Additonal factors to consider include:
- In many jurisdictions, regulation of vehicles is under a completely different department, such as the department of motor vehicles, than the roads and highways. The fact that the construction and maintenance of roads and highways in some locations is said to be financed by vehicle registration fees does not unify the two separate departments in those locations, and the UPE does not have any explicit allocation of Federal vehicle registration fees. Thus there is no common or general understanding that roads and vehicles are under the same department.
- The argument that responsibility for infrastructure implies responsibility for vehicles blithely ignores the commonly understood definition of infrastructure
As such, infrastructure is real property. Vehicles are personal property. The legal traditions for real and personal property are quite distinct and separate. Infrastructure supports commerce. People driving vehicles are conducting commerce. The post office sells and sets prices for stamps, which is the price of using their service. The Interior Ministry sets tolls, which is the price of using their infrastructure. The plaintiff's analogy is clearly inappropraitely applied, as the supplementary registration fee does not interfere with the setting of tolls. Similarly, unless I am sorely mistaken, the wildlife in the national parks does not engage in commerce, so the Finance Minister would have no standing to regulate them.dictionary.com said:The term infrastructure has been used since 1927 to refer collectively to the roads, bridges, rail lines, and similar public works that are required for an industrial economy, or a portion of it, to function.
Respectfully submitted,
To the justices of the High Court,
Please dismiss the case Al-Sahwari vs Minister of Finance without prejudice. The current Minister of Finance has publically withdrawn the two executive directives that are being questioned by this case, and the Interior Ministry has taken steps to repay damages caused such as those that the claimant Al-Sahwari sought with this case. The matter at hand has been resolved extra-judicially, and the presenter of this brief notes that the court lamented Leary’s lack of out-of-court attempts to resolve the matter at the start of the case. Now that the Ministry of Finance is no longer holding to the directives challenged in Al-Sahwari vs Minister of Finance, this court case is moot and unnecessary.
Respectfully,
J.R. Zhokhyen
Per Zhokhyen,
The Court is aware of a recent public statement in which Per Florian implied that, in his opinion, the regulations at issue were beyond the Constitutional powers of his office. However, we have not received word of any public pronouncement wherein Per Florian rescinded the asserted regulations. Accordingly, the Court must insist on independent verification of this information by the Ministry of Finance before we will contemplate a mootness challenge to the Al-Sahwari case.
Signed,
A.B. Clay, C.J.
To the justices of the High Court,
The Ministry of Finance in the understanding that the Supplementary Seatbelt Regulations and the Road/Highway Vehicle Category Definitions and Supplemental Registation Fees put into place during the previous term were unconstitutional, hereby officially end their existance. All funds acquired from these regulations will be refunded to the appropriate parties.
Signed:
Saul A. Florian, Minister of Finance