My buddy Bart sent me his thoughts on this battle between North Carolina & the ‘Federales’. It is fairly simple too.
Here’s how it would work…
Governor Pat McCrory issues an Executive Order directing the NC State Board of Elections to proceed with SL2013-381 as written. Bart even wrote up a Sample template for the governor to go by:
Proposed Executive Order
From the Office of the Governor of the Great State of North Carolina – For Immediate Release
EXECUTIVE ORDER No. _____
WHEREAS, the U.S. Constitution plainly states that the federal judiciary has certain limitations on what it can, and can not do. Article III, Section 2, Clause 2 states that any case in which a ‘State’, or any of its ‘Public Ministers’ is a party, the Supreme Court shall have ‘ORIGINAL JURISDICTION’.
“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.”
WHEREAS, The 4th Circuit Court of Appeals has clearly overstepped their authority, henceforth the North Carolina State Board of Elections, and all related agencies, shall consider this opinion by the court, issued on July 29, 2016, to be Null & Void.
WHEREAS, The North Carolina Constitution, Article III, Section 5, Clause 10 states;
“…the Governor may make such changes in the allocation of offices and agencies and in the allocation of those functions, powers, and duties as he considers necessary for efficient administration. If those changes affect existing law, they shall be set forth in executive orders, …”
NOW, THEREFORE, by the power vested in me as Governor by the Constitution and laws of North Carolina, IT IS ORDERED:
The Great State of North Carolina will proceed with our November 2016 general elections according to the provisions and procedures defined in SESSION LAW 2013-381, aka “Voter Information Verification Act” that I signed into law on August 12, 2013.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this ___ day of _______ in the year of our Lord two thousand and sixteen, and of the Independence of the United States of America the two hundred and forty.
Now, folks will be screaming saying “YOU CAN’T DO THAT! You’re Violating Federal Court Rulings.” Actually, no he isn’t. You see, here in the U.S.A., our courts do NOT issue rulings. They issue what is called “An Opinion of the Court”. Kings make ‘Rulings’, judges do not.
As I have pointed out in earlier blog posts, our US federal district & appeals courts, the 4th District in this case, they have no authority over any cases in which a ‘STATE’ is a party. The supreme Court has ‘Original Jurisdiction’ over those cases. It plainly says so in the US Constitution, Article III, Section 2, Clause 2:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
Now, has the supreme Court heard the arguments concerning this case? Have the lawyers for both parties presented their evidence directly to the supreme Court? No they haven’t!
Is the ‘STATE of NC’ a party in this law suit brought on by the liberal left? Yes, it IS!
Is Governor Patrick McCrory (who is a public Minister BTW) — is he ‘affected’ by this suit? Yes, he IS!
Has the supreme Court recently made an opinion that stated Voter ID was acceptable? Yes they have. Just back in 2008.
Crawford v. Marion County Election Board, 553 U.S. 181 (2008), is a United States Supreme Court case holding that an Indiana law requiring voters to provide photo IDs did not violate the Constitution of the United States. ~ Wikipedia
So, we’ve established that lower districts & circuit appeals Courts have no authority & we’ve established that the governor has the power to direct his agencies for an ‘efficient administration’.
Lets put some ICING on this cake, shall we.
18 U.S.C., Chapter 29 § 595. Interference by administrative employees of Federal, State, or Territorial Governments
Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, … uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title or imprisoned not more than one year, or both.
Summary: The feds have made opinions by courts that do not have jurisdiction. The state of NC recognizes this fact and ignores the said opinions. And we’ve now been informed that the feds can’t interfere with this general election without breaking federal law.
Isn’t it great how ‘We the people’ still have the power of rational thought?
Respectfully submitted by SilenceDogood2010 this First Day of September in the Year of our Lord, Two Thousand and Sixteen.