“Last evening, Wednesday January 8, 2014, the local news channels addressed the tension between Governor LePage and Attorney General Janet Mills as it relates to the medicaid report, and he said that she could sue him for not releasing the report.
He is a republican, and she is a democrat.
Here is what Governor LePage does not know about.
What happened as a result of the 1855 resolve?
In order to understand what the fraudulent 1855 resolve accomplished, you must understand what the original constitution says and means.
First of all, in the original Constitution of the State of Maine (1820) it states in part in Article V, Part First, Executive Power, Section 8: “He [Governor] shall nominate, and, with the advice and consent of the Council, appoint all judicial officers, the Attorney General (emphasis is mine), the Sheriffs, Coroners, Registers of Probate and Notaries Public……….”
This is an Executive Department function ONLY. All of this belongs in this department.
Here is what the 1855 resolve states in part: (View 1855 Resolve, click here.)
“SECT. 10. The land agent and attorney general (emphasis is mine) shall be chosen annually by joint ballot of the senators and representatives in convention.
Vacancies in said offices occurring when the legislature is not in session, may be filled by appointment by the governor, with the advice and consent of the council.”
What is the problem with this resolve?
First of all, the legislative department has NO delegation of authority to “interfere” with another department.
The function of the Attorney General is to “execute” the laws of the state, and that is an Executive department function ONLY.
The legislative department ONLY makes the laws.
“Separation of Powers” is a common law principle among many principles.
What the Legislature accomplished by this fraudulent resolve is to “steal” from the Executive department the ability to “elect” the Attorney General and have the Attorney General under its thumb so to speak to execute the laws of the state rather than the Governor, with the advice and consent of the Council, to select their own Attorney General of their own “choosing.”
Remember that the Attorney General had to attend ALL court sessions of the “circuitry court” known as the Supreme Judicial Court (this court was eliminated in 1929 unlawfully) that travelled to each county to hear causes. He was there to make sure that all laws were faithfully executed lawfully according to the original constitution.
The Attorney General also gave instructions to the “local” county attorney, who had a “double role.” He acted for the state AND the county. The county attorney office has been eliminated in 1973 and replaced by the district attorney office who has ONLY one role; he acts FOR THE STATE ONLY and enforces the “will” of the state.
Keep in mind that the Attorney General is a “field person” who goes out into the various counties (the terrain) and executes the laws of the state as well as the Sheriffs and their deputy Sheriffs. He is under the thumb of the Governor and the Council (Council was eliminated in 1976) to execute the laws.
The Attorney General does NOT belong in the Legislative department since the said department cannot lawfully instruct the Attorney General to execute the laws as this is an extreme “conflict of interest.” It is an interference into another department as it relates to the execution of laws. What this 1855 fraudulent law does is to eliminate the “separation of powers.”
The Legislative department ONLY makes the laws and ANOTHER department executes them. This is the “separation of powers” under the common law, and they don’t mix like oil and water.
Additionally, the Legislature has NO delegation of authority to expand its powers by having the Attorney General under its thumb, and also has NO delegation of authority to “fool” the people (electors) to vote on a fraudulent proposed amendment to begin with.
Furthermore, did Governor Anson P. Morrill ask a “question of law” to the justices of the Supreme Judicial Court (see Article VI, Section 3) regarding this proposed amendment (1855 resolve)?
The Founding Fathers provided a remedy to the public officers in the event that they were uncertain as to the constitutionality or unconstitutionality of a proposed law.
Here is what Article VI, Section 3 states regarding the Judicial department: ” They [judicial officers] shall be obliged to give their opinion upon important questions of law, and upon solemn occasions, when required by the Governor, Council, Senate or House of Representatives.”
It was the Governor’s role as well as the Council’s role to behave in an “adversarial” role as it relates to the Legislature attempting to “steal” their authorities pertaining in this situation in the selection of the Attorney General.
I don’t believe so since this fraudulent, pretend law passed.
Keep in mind that a “supposed” law is not law, and it is null and void on its face.
Can the Governor execute a fraudulent law? No, he cannot.
It is fraud and treason.
If Governor Lepage understood this, he could challenge this fraudulent 1855 resolve and take it to court (we don’t have any courts but he could try it anyways). He could make this concept public in his radio addresses and whatever he chooses to write about. He could go to the media and explain to them what this fraudulent 1855 resolve accomplished unlawfully. He could ”shout from the rooftops” explaining this fraud and “demand” that these offices be returned to the Executive department.
Exposure is the name of the game.
Overall, what the 1855 resolve accomplished was to “weaken” the Executive department, and in 1976 it was further weaken it with the elimination of the Executive Council.
This 1855 resolve also removed the ability of the Governor, with the advice and consent of the Council, to nominate and appoint their own Sheriffs who are also “field persons” who go out into
the “terrain” called counties and execute the laws of the state. This repugnant 1855 resolve allowed the Sheriffs to be elected by the people (electors).
All fraud and treason.
How can the electors know who are the best persons to do the job of a Sheriff? They don’t. That is the job of the Governor and the Council to select the best qualified persons in order to execute the laws of the state.
In essence, this 1855 resolve “did a number” on the Executive department by removing the ability of the said department to choose their own Attorney General and their own Sheriffs who are the “field persons” to do the best job possible in order to execute the laws.
Lise from Maine
A.G. Janet Mills says the LePage administration is violating state law and threatens court action, click here.
LePage fends off accusation of ‘cronyism’ in hiring controversial welfare consultant, click here.
Notice and Demand to A.G. Janet Mills, click here.
Who is violating the law?