It’s up to US to drain the swamp!

If there are flaws in our state and federal constitutions, they are these:

  1. There are no specified remedies for violating them. Our founders assumed we’d know (i.e., nullification, impeachment, and …quit reelecting them!), but we clearly do not know!  Not surprising, after a couple hundred years of politicians’ lies.

  2. Seemingly equivocal prohibitions against the “whispering down the lane” or “telephone game” judicial/ legislative/bureaucratic corruption of our constitutions by incrementally perverted interpretation.  While the constitutions do clearly say what they say, it’s obvious that with every new case, every new law, every legal argument, there are new divergences from core principles and fundamental laws.  It’s gotten so bad through the past century that instead of consulting the actual words of our constitutions, we now consider previous court decrees as the authoritative law.

So now, politicians assert in court and in practice, that whatever’s not specifically prohibited from politicians, is within their authority.BWLadyLib

That is of course opposite of the whole point of constitutions.

Constitutions are to restrain politicians, not citizens.

Despots have for millennia gained power without elections, and made their own rules as they wished.  The USA was supposed to be better than that.

hand-coming-up-from-the-swamp-554x350

Instead, we’re drowning in corruption.  It’s been too long since there’s been any organized attempt to legitimize and govern our government by the actual words of our federal and state constitutions.

So, about now, the Indiana Election Division should receive the CAN-I candidate filing challenge I signed on July 10.

Besides the fact that it’s an obvious trick to appoint a GOP-insider/swamp incumbent for the next SOS race, there’s a legal problem with the candidacy of incumbent Secretary of State Connie Lawson.  Please note, it has nothing to do with her, personally, and everything to do with corruption of our constitutional Rule of Law:

Article 6, Section 1 of the Indiana Constitution specifies that, “There shall be elected, by the voters of the state, a Secretary, an Auditor and a Treasurer of State, who shall, severally, hold their offices for four years. They shall perform such duties as may be enjoined by law; and no person shall be eligible to either (sic) of said offices, more than eight years in any period of twelve years.” – (As Amended November 3, 1970)

Now, legislators can and do make mistakes.  Frequently.  The word “either” is, for example, a mistake.  But please note these key words and phrases:

“There shall be elected… who shallhold their offices for four years.”

“…and no person shall be eligible to …said offices, more than eight years in any period of twelve years.”

“Shall” is a strong imperative.  It is not “may hold” or “can, if the law doesn’t prohibit it, hold.”

No, it’s SHALL, as if written in stone tablets.

The word “shall” is in all the key places of “elected,” “hold,” “perform,” and “eligible.”

So, very clearly by the letter and intent of this constitutional term limit, no person shall be eligible for election to a public role they are constitutionally forbidden from performing as mandated in the letter and intent of the law.

The state will of course claim that Lawson’s first term was pro tempore; and that it therefore doesn’t count as a term of office.  But Jerry Bonnet was the actual pro tempore SOS.  Lawson was a full replacement for the ousted Charlie White.  So, no…there is no constitutional excuse for this.

Incumbent Secretary of State Connie Lawson is constitutionally forbidden from performing the specified role in the terms clearly specified in the constitution.

She is an ineligible candidate.  And the GOP is using her situation to hoodwink us.

Again.

I say no.  I’m throwing a flag on this play.

FlagOnThePlay

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13 CommentsLeave a comment

  1. A law does not, cannot, prevent crime. The Constitution is the law of We the people to rule government Officials in their official acts and does not, cannot, prevent usurpation. The House in Congress has the sole power of impeachment and U.S. citizens have the sole constitutional power to choose 435 Representatives of the House in Congress every two years, AND Voters are not forced to reelect any Incumbent.

    America has an unconstitutional corrupt government for over one hundred years and reelected every two years by a corrupt citizenry.

  2. That’s true, unfortunately.

  3. “unfortunately”? Do you have a better idea for the purpose of a government of a country of a free people and those free people’s Powers in government than that written in the ratified 1788 Constitution?

  4. I’m calling corruption unfortunate. What…you like corruption?

  5. Which must be corrected first, an unconstitutional government or a corrupt citizenry?

  6. Government is an abstraction. People are real.
    Nothing improves until the people do…

  7. Hear! Hear!

  8. Yes, “nothing improves until the people do”. Amendment 10 says the 1788 Constitution delegates powers and reserves powers to the people; what are those reserved powers of the people that are written in the 1788 Constitution?

  9. Oh no…I’m not starting this again!
    We’ve been through this already. Many, many times.
    And it’s pretty irrelevant since the terms of the contract have been violated, and it’s all null and void now.
    …By public choice.

  10. “irrelevant, null and void”? ———– if citizens of a District do not choose (elect) their District’s Representative for the House in Congress every two years, then how did 435 Representatives of the House get into office (every two years, ever since 1788)?

  11. I really don’t know why you think I’m saying the things you think I’m saying.
    But like I said…I sure don’t want to go roundy round with this again!

  12. “It’s up to US to drain the swamp!” …… Who is “US”, and by what method can “US” use to drain the swamp? US people/citizens and or US President are not authorized nor empowered to legislate. Only Congress has the power to legislate and the House in Congress has the power to fund drain the swamp, or not fund drain the swamp. And US people/citizens have the power to choose, or not choose incumbent, 435 Representatives for the House in Congress every two years.

  13. You’re wrong on the role of citizens and the nature of constitutions.
    Constitutions are leashes on politicians, not us. We always have the right, ability and duty to alter or reform our government by any means we choose.
    The saying “All government is by consent of the governed” predates even Greece’s short-lived ancient democracy.
    The Declaration of Independence is a statement of We The People. Constitutions are a covenant of limitation.

    That said, I’m not talking about legislating anything. I’ve already filed a challenge, and the hearing’s on Tuesday.
    There are lots of ways to act. Voting is just one, and it’s pretty lame, since we don’t bother curbing fraud and corruption…like what this blog is about.
    But I am doing something about it. It doesn’t take an army. Just one guy can do it, sometimes.

    So, please, quit thinking we citizens are powerless against the hobgoblin of state. We’re not. We just like to act like we are to avoid accountability for our sloth and bad decisions.


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