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To: CA Conservative
"the governor cannot demand that the AG do anything" want to make a wager on that? The governor can instruct the governor to enforce the laws of this state....and if the AG won't do it the governor can...since he is the chief law enforcement officer in the state...the AG works for the people of CA and the governor is above him...if the AG neglects his responsiblity and the governor "reminds" him and the AG does not then the governor can certainly have the mayor arrested...let me know how much you can afford to lose. ROFLMAO
10 posted on 02/20/2004 12:41:53 PM PST by kellynla (U.S.M.C. "C" 1/5 1st Mar Div. Viet Nam 69&70 Semper Fi VOTE "NO" ON PROPOSITIONS 55-58)
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To: kellynla
How much can YOU afford to lose?

Subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced. The Attorney General shall have direct supervision over every district attorney and sheriff and over such other law enforcement officers as may be designated by law, in all matters pertaining to the duties of their respective offices, and may require any of said officers to make reports concerning the investigation, detection, prosecution, and punishment of crime in their respective jurisdictions as to the Attorney General may seem advisable. Whenever in the opinion of the Attorney General any law of the State is not being adequately enforced in any county, it shall be the duty of the Attorney General to prosecute any violations of law of which the superior court shall have jurisdiction, and in such cases the Attorney General shall have all the powers of a district attorney. When required by the public interest or directed by the Governor, the Attorney General shall assist any district attorney in the discharge of the duties of that office.
California Constitution, Article 5, Section 13

"Subject to the powers and duties of the governor" does not mean that the governor can arrest anyone or order the AG to take any action; it merely places the AG's functions subordinate to the governor's duties. In other words, the AG does not have the authority to override the goveror or usurp his powers. The AG is the chief law enforcement officer in the state, no one else.

The other problem with your position, is that as far as anyone has shown me, no criminal act has occurred to support an arrest. The law the mayor is defying in not included in the criminal code, and there is no criminal penalty attached to violating it. At most, there could be civil penalties attached, but he would have to be sued for that, not arrested and tried.

18 posted on 02/20/2004 1:26:02 PM PST by CA Conservative
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