Courtesy of Lise Dupont, Researcher/Author of “Where Did The Original Constitutional State Go?”
Lise comments on this BDN article “LePage sheds light on plan to strip Legislature of power to appoint attorney general, treasurer.”
BDN reports “LePage sheds light on plan to strip Legislature of power to appoint attorney general, treasurer. Gov. Paul LePage said Friday that he will propose a constitutional amendment to take the power to appoint the attorney general and state treasurer away from the Legislature and give that authority to either the governor or voters. “I really think this is a very important decision, probably the most important decision or program we’re [going to] take on in the eight years we’re going to be here, and I want to get it right,” he told reporters Friday. The plan would also create a position of lieutenant governor.
LePage said he will propose that the state treasurer be appointed by the governor and confirmed by the Legislature, similarly to how Cabinet-level positions and state judges are appointed now.
“The Constitution says the chief executive powers will rest in a governor,” he said. “But the way we’ve set it up is the AG has veto power over the governor. I don’t think in 1820, that’s what [the Constitution’s writers] were trying to do.”
LePage’s plan will be a heavy lift, considering he’ll need to convince two-thirds of the Legislature to give up authority it has held for nearly 200 years. But he could have at least one ally: state Sen. Andre Cushing, R-Hampden, has already proposed a bill for the popular election of attorney general, treasurer and secretary of state.” Read more HERE.
Maine Constitution (1820)
1975, Public Law – AN ACT Redistributing the Powers of the Executive Council
“The legislature has no delegation of authority to dispose of the Secretary of State constitutional office (see Article 5, Part 3 of the original constitution). The Secretary of State is a constitutional office and cannot be reduced to a “statutory” office which is inferior.
The legislature also cannot lawfully give the governor the authority to appoint the state treasurer (see Article 5, Part 4 of the original constitution) nor have him or her elected by the people.
LePage needs to work on getting his Executive Council back; it was abolished unlawfully by the 1975 fraudulent amendment which went into effect in 1976. LePage cannot do anything lawfully regarding the state’s business without the “advise and consent” of the council (see article 5, Part 2 of the original constitution). He needs to have an investigation into the unlawful elimination of the Executive Council and then declare formally that it is null and void.
All Governor LePage needs to do regarding the attorney general is to have the 1855 resolve investigated and declare it null and void in order to “bring back” the attorney general in the Executive department (see Article 5, Section 8 of the “original” Constitution of the State of Maine).” The attorney general office was “stolen” by the legislative department by this unlawful 1855 resolve that went into effect in 1856.
Remember that the attorney general is a “field” person who executes the laws of the state “for” the Governor, and it is the Governor who actually executes the laws of the state (see Article 5, Section 12 of the original constitution). It is an Executive department function and not a legislative function.
In the Bangor Daily News article of January 23, 2015 it states that LePage wants to find out from other governors how the positions (attorney general, state treasurers) are filled in their states.
Who cares what other states do?
What matters is what the constitution (original) allows and does not allow lawfully.
LePage also wants to create a position called the “lieutenant governor.” The constitution (original) says nothing about this officer and is not allowed lawfully. He should have his Executive Council back instead.
In the same article as above-noted, LePage said: “I want to get it right.”
Is he getting it right?
No, he is not getting it right, and the people “should not” support this unlawful activity.
In the same article it says that LePage wants the state treasurer appointed by the governor and confirmed by the legislature such as how cabinet positions and state judges are appointed now.
This would be unlawful activity (see Article 5, Part 4 of the original constitution).
State judges were appointed by the governor with the “advice and consent” of the council (see Article 5, Section 8 of the original constitution). The judiciary committee now unlawfully confirms the appointments of the governor.
All of this is unlawful.
There is NO council since 1976 which is one hundred years after the American Revolution.
This was well-planned ahead.
Once again, the governor cannot do anything lawfully without his council so, therefore, there are NO judges operating here in Maine. The legislature has NO delegation of authority to be involved in confirming judges’ appointments by the governor. That is an Executive department function ONLY (see Article 5, Section 8 of the “original” constitution).
Additionally, NO judges here in Maine are commissioned (Article 9, Section 3) which “vests” the office, a public office, and provides him or her with a title. They have “certifcates” only of which the constitution says nothing about. Remember that a commission is under “seal” of the state, and a certificate is not.
Furthermore, in the same article as above-mentioned, LePage says that the attorney general operates as a 4th branch of government.
For your information, there are ONLY 2 branches, and they are both located in the legislature – Senate and the House (see Article 4, Part 1st, Section 1 of the original constitution).
By that unlawful 1855 resolve the attorney general office was “stolen” from the Executive department and given to themselves.
All fraud and treason against the people.
LePage also says according to the article that the AG’s office has “veto” power over the governor even though he is the chief executive officer of the state.
Remember that the legislature NOW has control over the AG unlawfully since the 1855 fraudulent resolve so, in reality, LePage is actually “fighting” the legislature who controls Janet Mills.
The said article continues to say that State Senator Andre Cushing (R- Hampden) has already proposed a bill for the election of the attorney general, state treasurer, and the secretary of state.
All unlawful, of course.
Lastly, I don’t think the legislature will do this since the legislature is involved in all three as above-noted. The legislature has become the “omnipotent,” (God-like) bandit, tyrannical department over time.
If anyone supports LePage in this, then those people are participating with him in becoming a criminal.
Neither the legislature nor the governor can be criminals, and if the constitution (original) does NOT allow such activity, then it cannot be done lawfully.
LePage needs to understand the constitution (original), the 1855 fraudulent resolve which “stole” the attorney general from the Executive department and gave it to the criminal legislature, and the 1975 resolve that “stole” the Executive Council from the Executive department and gave the powers to the Legislative Council instead.
What he is proposing is criminal behavior.
Those who support him in this endeavor and criminal behavior are criminals themselves.
Without the Executive Council the governor cannot lawfully conduct business of the state.
Suggestion: Study the original Constitution of the State of Maine to see what is allowed lawfully and what is not allowed lawfully. Study also the fraudulent amendments passed unlawfully over time as well as fraudulent statutes. Remember that statutes cannot supersede the constitution.”
Thank you, Lise, for this insight. The PPH reports that Governor LePage told reporters that “his proposal is still in development.” It sounds like he’s educating himself on the (original) constitution of Maine (1820). Since he “wants to get it right”, he will read the 1855 Resolve and the 1975 Public Law.
Attorney General Janet Mills has been at odds with the governor on a few cases arguing they had “little legal merit” and violated a provision of the federal law. Mills states “she also has an obligation to stand up for what she believes is the public’s interest – even if that means going against the administration. I represent the state, not the individual who happens to be the chief executive.” She “doesn’t mind an occasional spat” with the governor. “I love the law. I love litigation.” This Notice and Demand contradicts her statements. This is a matter of public trust and public interest. Yet, Janet Mills took no interest in this issue! Who’s violating the law?
Governor LePage “could have at least one ally: state Sen. Andre Cushing, R-Hampden, has already proposed a bill for the popular election of attorney general, treasurer and secretary of state.” Doesn’t this speak volumes about the knowledge (or lack thereof) of Maine legislators? And reporters who can’t ask the right questions and report on the truth of the matter?
There’s plenty of learning for everyone here…if we “want to get it right.” Governor LePage could make a public announcement on the nullification/voiding of the fraudulent 1855 Resolve and the 1975 Public Law, restore our original constitution, and “make it right.” Will our legislators object to the truth? If so, the conclusion is quite clear!
Related: The Destruction of the Governors Executive Council and the Fraudulent Evolution of Maine’s Legislative Council, click here.