Posted on 01/19/2022 4:54:44 PM PST by Texas Fossil
https://thehill.com/homenews/state-watch/588055-texas-attorney-general-appeals-ruling-he-cant-prosecute-election-fraud
From the Hill:
"The Texas Attorney General has had the authority to prosecute certain election law violations for 70 years," the motion filed Sunday said.
"The Court’s decision misinterprets constitutional text, breaks with Supreme Court precedent, is inconsistent with its own precedent, and creates a complicated structure in which the type of case and court determine whether representing the State is an executive- or judicial-branch duty," it added.
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So here is the problem. Under the decision of the Texas Court of appeals, The Attorney General's office will not be able to any longer prosecute cases of election fraud. And it will be up to the local District Attorney's. (Soros Money?)
This interview reveals the seriousness of the problem and the fact that the decision was made 2 days after the last filing date for candidates.
This is a very very serious issue approaching the midterm election.
I’ve always voted for Ken, but Louie Gomert may have less baggage.
Change my mind.
This might be enough for Texas to secede.
The Texas legislature can fix it, but won’t meet again until 2023 (unless Abbot calls a special session to address the issue).
Secede from whom?
The decision was handed down by Texas judges in a Texas court.
well this is after all tx a red state. something legislative should be doable, quickly, right? calling abbott. calling the tx state houses. it’s obvious from the Constitution that the state houses have plenipotentary power over elections in every state.
Read the opinion and not headlines from blogs. The judges weren’t trying to protect people who commit fraud, they were dealing with real separation of powers issues that are outlined in the Texas Constitution.
Soros judges would never try and protect voter fraud,,, no, never.
/s
That’s the trailer park rendition.
Read the opinion.
These are not “Soros judges” they are following the law, because it’s what the Constitution demands.
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The Texas Constitution contains this explicit separation of powers provision unlike the federal Constitution which contains no express separation of powers provision. Instead, separation of powers is implied through the federal constitution’s structure, dividing government into three branches, and through vesting into each branch its particular power, legislative, executive, or judicial. U.S. Const., Arts. I, § 1, II, § 1, III, § 1. We have previously held that this textual difference between the United States and Texas constitutions suggests that Texas would “more aggressively enforceseparation of powers between its governmental branches than would the federal government.” See State v. Rhine, 297 S.W.3d 301, 309 (Tex. Crim. App. 2009).
The 1876 Texas Constitution provides that the office of the Attorney General is in the executive branch. Id. at 879. The constitutional duties of the office are as follows:
The Attorney General shall represent the State in all suits and pleas in the Supreme Court of the State in which the State may be a party, and shall especially inquire into the charter rights of all private corporations, and from time to time, in the name of the State, take such action in the courts as may be proper and necessary to prevent any private corporation from exercising any power or demanding or collecting any species of taxes, tolls, freight or wharfage not authorized by law. He shall, whenever sufficient cause exists, seek a judicial forfeiture of such charters, unless otherwise expressly directed by law, and give legal advice in writing to the Governor and other executive officers, when requested by them, and perform such other duties as may be required by law.
Tex. Const. art. IV, § 22.
Although the duties of the county and district attorney are not enumerated in article V, section 21, our courts have long recognized that, along with various civil duties, their primary function is “to prosecute the pleas of the state in criminal cases.” Meshell v. State, 739 S.W.2d 246, 254 (Tex. Crim. App. 1987); see also Saldano, 70 S.W.3d at 877 (holding that the express provision conferring on the county and district attorneys the authority to represent the State in “the District and inferior courts,” Tex. Const. art. V, § 21, mandates a vertical separation of powers between the Attorney General and the district attorneys in matters of criminal prosecution); see also Baker v. Wade, 743 F.2d 236, 242 n. 28 (5th Cir. 1984) (county and district attorneys have been bestowed with the “exclusive responsibility and control of criminal prosecutions”).
The separation of powers doctrine requires that “any attempt by one department of government to interfere with the powers of another is null and void.” Meshell, 739 S.W.2d at 252. Although one department has occasionally exercised a power that would otherwise seem to fit within the power of another department, courts have approved those actions only when authorized by an express provision of the constitution. Id. “Exceptions to the constitutionally mandated separation of powers are never to be implied in the least; they must be ‘expressly permitted’ by the Constitution itself.” Fin. Comm’n of Tex v. Norwood, 418 S.W.3d 566, 570 (Tex. 2014) (quoting Tex. Const. art. II, § 1).
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The correct fix is to Amend the Constitution and/or the statute, not ignore the law because you don’t like it.
Folks, we aren’t the left. Outcome based judging has no place in a Constitutional Republic.
Money changed hands in Texas.
If Texas goes down, so goes the Country. Texas has to enact appropriate legislation to stop this or the whole Country will be destroyed politically.
Say hello to Governor Beto
“The Texas legislature can fix it, but won’t meet again until 2023 (unless Abbot calls a special session to address the issue).”
Correct. I’ve been defending him so far, since West would be FAR EASIER for Beto to beat. But I’m now waiting on Abbott to say something...ideally call a Special Session.
If he ignores this ruling, I’ll have a much tougher time supporting him (and the Primary is only 6 weeks away).
"14th Amendment, Section 2: Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced [emphasis added] in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State."
Corrections, insights welcome.
Classy.
Not.
I’ll take paxton’s evaluation over your Soros bot replies anyday.
Hurl away .
Oh
And bless your heart.
.
There are always options, Ken. What will YOU do about this?
Boy, you have alot of nerve, reading, researching and using common sense, along with the law, to form an opinion here on FR.
;)
Good news for the 1,000,000 MIV (Migrant Invader Vermin) voters in TX...
They’ll be lined at the polls with each of their hands clutching 5-10 pre-filled-out ballots...
Good chance that Soros & Bezos will, once again, steal the day...
Don’t pretend San Antonio and Houston local are not hot freakin beds of leftism. One of those horrible Castro brothers was mayor in SA. Then there’s Austin, which is sick leftist not for Texas but for any State or western country.
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