Draft rulings #2, with much thanks to zefram.
============================== CFJ 1890
==============================
The Speaker CAN assign prerogatives for the upcoming month in
the seven days before the beginning of a month.
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===
Caller's Arguments:
Rule 2019 requires the Speaker to make assignments by using the
term SHALL (R2152). Question 1 comes down to whether SHALL empowers
the act to be performed by announcement or any other method, or
merely requires without empowering. The time limit is specified by
R1023(a) by "timely fashion".
The relevant parts of R2152:
4. CAN: Attempts to perform the described action are successful.
6. MUST, SHALL, REQUIRED, MANDATORY: Failing to perform the
described action violates the rule in question.
Established precedent holds that "SHALL do X by announcement" means
"SHALL do X, and CAN do X by announcement." {Insert citations
here.} I draft rule TRUE.
============================== CFJ 1891
==============================
If the Speaker fails to assign prerogatives for the upcoming
month in the seven days before the beginning of a month, e CAN
assign prerogatives (for that month) after the month has begun.
=====================================================================
===
Caller's Arguments:
Rule 2019 requires the Speaker to make assignments by using the
term SHALL (R2152). Question 1 comes down to whether SHALL empowers
the act to be performed by announcement or any other method, or
merely requires without empowering. The time limit is specified by
R1023(a) by "timely fashion".
Question 2 (trivially FALSE if Question 1 is FALSE) is, if the
Speaker is empowered to so assign "in a timely fashion before", does
the SHALL continue to empower em after the time limit has expired?
=====================================================================
===
In general, SHALL and CAN do not automatically imply a time
constraint to the ability to perform the action in question; such a
limitation must be produced by other language in the Rules. R2019
requires the action of assigning prerogatives to be performed within
a specified time range, but does not prevent the assignment if it is
made late. I draft rule TRUE.
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Benjamin Schultz KE3OM
OscarMeyr
