Talkshoe Radio – Update on Article V Constitutional Convention Forum and “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills

Wednesday, February 25, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Click here to join in online.

Archived program, EPISODE 54, click here.

 

Related:  Talkshoe Radio – Discussion on the Article V Constitutional Convention with Special Guest Deborah Stevenson, click here.

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills, click here.

Talkshoe Radio – Office of the Attorney General and the 1855 Amendment

Wednesday, February 18, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Archived program, EPISODE 53, click here.

Click here to join in online.

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills

State of Maine 1855 Amendment

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills

Talkshoe Radio (February 4, 2015) – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?” Click here.

Attorney General Janet Mills Asks The Maine Supreme Judicial Court Not To Take Action On Governor Paul LePage’s Questions, click here.

Documents:

Recording of oral argument on February 26, 2015

Attorney General Janet Mills Asks The Maine Supreme Judicial Court Not To Take Action On Governor Paul LePage’s Questions

PPH reports “The governor has asked the Maine Supreme Judicial Court to weigh in on whether he needs permission from Janet Mills to hire outside legal counsel in some cases.

Attorney General Janet Mills is asking the Maine Supreme Judicial Court to take no action on Gov. Paul LePage’s query last month on whether he must seek permission from Mills to hire outside legal counsel in cases where her office declines to defend the administration’s position.

Mills argued in papers filed Friday that the state’s highest court should find that LePage’s “request for opinion” sent on Jan. 23 does not meet the legal hurdle for the court to even consider it. She also argued that one question the governor posed has already been answered by the court in a 1989 ruling and that the other is overly hypothetical.

Lawyers for the governor, however, argued in their own brief filed Friday that LePage is asking serious questions that require an immediate answer. They argue that the court should find that a “solemn occasion” – the required legal hurdle for the justices to hear the questions – exists, and that LePage should be allowed freedom to hire outside lawyers as he chooses.

LePage’s letter to the court asking for intervention in his dispute with Mills marks the first significant effort in the Republican governor’s administration to strip power from the Democratic attorney general, who is elected by the Legislature as the state’s top legal officer.

The court plans to hear arguments on the governor’s request on Feb. 26. Friday was the deadline for the two sides and any other interested party to file briefs for the court to consider before oral arguments. The sides have until Feb. 13 to file additional responses.”

Read more HERE.

BDN reports” Attorney General Janet Mills says the Maine Supreme Judicial Court should ignore questions from Gov. Paul LePage about whether he must continue seeking her approval before hiring outside lawyers to represent the state.

If the attorney general refuses to represent the state in court, the state must obtain her permission to hire an outside attorney.

Mills argued in her brief that state law and previous Maine Supreme Judicial Court opinions make clear that the attorney general is responsible for approving outside counsel to represent any state agency.”

Read more HERE.

A.G. Mills “is responsible for approving outside counsel” and “the state must obtain her permission to hire an outside attorney.”

Peter Brann also filed a brief into this case. Brann was “Assistant Attorney General and then State Solicitor in the Attorney General’s Office between 1981 and 1999. Peter Brann now a partner at Brann & Isaacson, which has been hired as outside counsel on behalf of the State, with the Attorney General’s written approval, in a number of matters.”

Brann states in his brief “Moreover, the Attorney General and his staff are not the equivalent of a private law firm.”

They get around it…..sure has the appearance that the AG has a “private law firm” in its pocket.

Is the “fix” in? Does Peter Brann stand to gain financially with the status quo?

Related:  Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?” Click here.

Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?”

Wednesday, February 4, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Click here to join in online.

Archived program, EPISODE 51, click here.

 

The ongoing dispute between Gov. Paul LePage and Attorney General Janet Mills has reached the Maine Supreme Judicial Court. Governor LePage requested an Opinion of the Justices regarding the proper constitutional responsibility and relationship between the Chief Executive and the Attorney General.

Governor LePage’s letter to the Maine Supreme Court, click here.

Maine Supreme Court Order, click here.

State of Maine 1855 Resolve, click here.

1975 Amendment

1975, Public Law – AN ACT Redistributing the Powers of the Executive Council

Maine Constitution (1820)

“Where Did The Original Constitutional State Go?”, author Lise Dupont. Click here.

Are The Political Opinions Of Phil Harriman and Ethan Strimling Regarding Governor Paul LePage’s Proposed Constitutional Amendment Relative To Constitutional Officers On Target?

Phil and Ethan, both former Maine state senators, were guests today on WCSH6TV’s “Sunday’s Political Brew.”

View video HERE.

It is encouraging that Phil Harriman did bring to light the history of Maine’s original constitution (1820) with respect to constitutional officers and, specifically, the Governor’s Executive Council. His statement “the Executive Council was abolished” goes much further into history.

1975 Amendment

Research proves that the Executive Council was abolished unlawfully by the fraudulent 1975, Public Law – AN ACT Redistributing the Powers of the Executive Council. Governor 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). Maine Constitution (1820)

Re the Attorney General’s Office – Research proves the attorney general’s office was “stolen” from the Executive department by the Legislative department via the unlawful 1855 Resolve.

Phil and Ethan (and the legislature) are encouraged to further study the fraudulent 1975 Public Law and the 1855 Resolve, which are null and void, and continue to shine the light on Maine’s original constitution and the authority mandated by this document.

Related:  The Destruction of the Governors Executive Council and the Fraudulent Evolution of Maine’s Legislative Council

What’s Behind Governor Paul LePage’s Proposed Constitutional Amendment Relative To Constitutional Officers?

Published in: on January 25, 2015 at 6:31 pm  Leave a Comment  

What’s Behind Governor Paul LePage’s Proposed Constitutional Amendment Relative To Constitutional Officers?

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)

1855 Resolve

1975 Amendment

1975, Public Law – AN ACT Redistributing the Powers of the Executive Council

Lise’s commentary:

“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.

Accident?

No way!

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

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.

Maine Governor Paul LePage To Submit Legislation Giving Power To The Governor To Appoint The Attorney General And State Treasurer

Pine Tree Watchdog reports “Gov. Paul LePage plans to submit legislation this session that would create the state’s first lieutenant governor, do away with the secretary of state position and give the power to appoint the attorney general and treasurer to the governor.

Although the bill has yet to be submitted, the Maine Center for Public Interest Reporting has exclusively confirmed its rough outline with the governor’s office and the current secretary of state, Matthew Dunlap.

The changes would require an amendment to the state constitution, which needs a two-thirds vote of the legislature and two-thirds approval in a voter referendum.

The governor’s office confirmed it is drafting legislation that would not only make that change to the state’s constitution, but would also change how two other constitutional officers are appointed. LePage wants the governor, not the legislature, to name the attorney general and state treasurer.

Read more HERE.

Original constitution of Maine (1820) Art. V, sec. 8, click here.

Related:  The Destruction of the Governors Executive Council and the Fraudulent Evolution of Maine’s Legislative Council, click here.

Published in: on January 22, 2015 at 8:27 pm  Comments (5)  

BDN, Mike Tipping v. Maine Governor Paul LePage

BDN reports “This summer, there was a brief media furor over revelations that Gov. Paul LePage met eight times with members of a controversial group called the Constitutional Coalition. Attendees at the meetings said the governor took extensive notes. So, the BDN asked for them. In response to a request for the notes under the state’s Freedom of Access law, the governor’s office sent one page of handwritten notes to the BDN.

The notes mentioned a supposedly disappearing 13th Amendment to the U.S. Constitution six times, The Titles of Nobility Amendment.

For some, like members of the Constitutional Coalition, the term “esquire,” which refers to lawyers, is a title of nobility. That explains why “thirteenthers” — as those who seek to restore the Titles of Nobility Amendment are known — hold special contempt for lawyers, judges and the state and national Bar Associations. All of these groups are mentioned in LePage’s notes.

The 13th Amendment to the U.S. Constitution ended slavery.

Liberal blogger Mike Tipping, in his book “As Maine Went,” tied the coalition members to the Sovereign Citizens, a group that the FBI put on a national watch list.”

Read more HERE.

With all the all the negative attention, misinformation and lack of justification/evidence of the statements made by Mike Tipping in his book and his posts relative to “conspiracy theories” and reported by the BDN, here is food for thought that legitimizes the concerns/views of Mainers who have spent years researching.

None of the mainstream media reporters ever stated that they read, or studied, the original Constitution of Maine (1820), or compared it with the current constitution.

Neither the media, nor Tipping, defined a “sovereign citizen.”

What “conspiracy theories” did the Constitutional Coalition bring to Governor LePage?

How does the media/Tipping justify that the 2012 Maine Criminal Justice Academy training manual is “correct in its assessment”?

How has the media/Tipping determined that this group was not correct with their view of Maine’s government being unlawful?

What is their knowledge of the State of Maine’s 1875 Resolve?

What is their knowledge of LD 1564, “Resolve, Approving the 2013 Draft and Arrangement of the Constitution of Maine Made by the Chief Justice of the Supreme Judicial Court and Providing for Its Publication and Distribution”?

How is LD 1564 not repugnant to the original constitution?

Where does it state in the original constitution of Maine (1820) that the constitution my be “codified”?

Mike Tipping was asked these questions, but failed to respond. By his failure to respond, he mutually agreed that  he was unable to answer the questions, thus unable to justify the statements made in his book and his posts relative to “conspiracy theories.”

Mike Tipping was invited to share the stage, in front of all news-media, with members of the Constitutional Coalition, but refused.

Why would Governor LePage’s staff advise him not to meet with the members of this group?  Governor LePage was criticized for meeting with these people, “entertained their delusional thoughts and gave these people a voice.”’

Since Governor LePage ran his original campaign on the constitution, (and people before politics), one could assume that he was really interested in what these people brought before him, since he met with them several times. It is also “par for the course” for legislators to be unresponsive when they are not as educated as the person bringing forth an issue to them, or they are being controlled. “Maine Went” long before Governor LePage.

FOIA Response: Notes provided by the governor’s office.

There are quite a few notes in this response. Here is additional information that pertains to some of these notes.

100 Years -
Report on Research of Maine State Bar Association Booklet “100 Years of Law and Justice”, click here.
1891 Act Incorporating Maine State Bar Association, click here.

Commission of judges – example of a commission, click here.
Commissions, 07/02/2014 – EPISODE 24, click here.
Where Did The Original Constitutional State Go? by Maine Author Lise Dupont, click here.

Original Constitution of Maine (1820), click here.
Act of 1825 providing for the distribution of copies of the Constitution of this State, and of the United States, to be used in schools, click here.
CONSTITUTION OF THE STATE OF MAINE 2013 ARRANGEMENT, click here.
Read Article X, Section 4 of the Constitution of the State of Maine (1820) (not Maine constitution), click here.
Senator Colleen Lachowicz (Kennebec) Sponsors LD 1564 “Resolve” To Amend The Constitution of the State of Maine, click here.

13th Amendment – original
Original 13th Amendment disappeared
Original Constitution of the United States with ORIGINAL THIRTEENTH AMENDMENT As Ratified and Published by the State of Virginia (1819), click here or here.
The missing 13th Amendment, called Article XIII, reads:
“If any citizen of the United States shall accept, claim, receive, or retain, any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.”
Current  Constitution of the United States (1865) with Article XIII, click here. It reads:

1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate legislation.

American State Papers – 1834 -Titles of Nobility, click here.

Republic vs. Democracy, click here.

“The denial of the truth does not invalidate the truth.”

In an e-mail from Mike Tipping he stated “I’ll tell you the same thing I’ve told the other members of the Constitutional Coalition: If anything that I’ve written is inaccurate, I’m happy to retract and correct it. If you have evidence to that effect, please let me know.” Would you say he (and BDN) has much retracting to do?

Why would Governor LePage’s staff advise him not to meet with the members of this group?

Who truly presents a real and present danger?

It is Maine’s only hope that Governor LePage stands by the constitution and the people will stand with him.

People of Maine should be thankful for the great researchers we have here.

Related:

“Tipping” The Scales, click here.

Gov. Paul LePage Is On The Right Track With Changes To The Attorney General’s Office…But He’s On The Wrong Train, click here.

Published in: on November 22, 2014 at 3:08 pm  Leave a Comment  

Gov. Paul LePage Is On The Right Track With Changes To The Attorney General’s Office…But He’s On The Wrong Train

BDN reports “Gov. Paul LePage on Thursday outlined a second-term agenda that ranged from reviving welfare reform proposals that have previously failed to a new initiative aimed at weakening the attorney general’s power.

Changes to the attorney general’s office. LePage and Democratic Attorney General Janet Mills have clashed repeatedly since she was elected to the post two years ago when Democrats regained legislative majorities. LePage said he will pursue legislation to make the position — and possibly the state treasurer and secretary of state, which are also elected by legislators — subject to a statewide vote.”  Read more HERE.

Having a state-wide vote of the attorney general would be in violation of the original Constitution of Maine (1820), ARTICLE V. PART FIRST. EXECUTIVE POWER. Section 8. The only lawful process to achieve the Governor’s goal is for Governor LePage to declare the 1855 resolve to be unlawful as well as null and void. This is the resolve whereby the legislature stole from the Executive department the ability of the governor with the advice and consent of the council to nominate and appoint the attorney general. This is an Executive department function as provided by the original constitution. The attorney general has been unlawfully elected by the legislature since 1856 when the 1855 resolve went into effect.

1855 Resolve

We can hope that the legislators, and the Governor, read, study and understand the constitution in which they took their oath to uphold. Then they, and we the people, can get on board with Governor LePage when the train leaves the station.

Thanks to Lise Dupont for her great research!

“Where Did The Original Constitutional State Go?” by Author/Researcher Lise Dupont. This is a great reference, research, informative and educational tool for everyone!

You can order the book on line through Barnes and Noble  or Amazon.com, click on the link.

Published in: on November 7, 2014 at 11:51 am  Comments (6)  
Follow

Get every new post delivered to your Inbox.

Join 206 other followers

%d bloggers like this: