If there are flaws in our state and federal constitutions, they are these:
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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.
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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.
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.
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 shall… hold 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…and Jerry Bonnet!
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.
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