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To: FreeTally
I think his oath to uphold the Constitution can be interpreted 2 ways. It could mean, to uphold what the current law holds as constitutional, or it could mean, what he, himself believes to be constitutional. I really don't know.
10 posted on 06/05/2002 7:37:27 AM PDT by Texaggie79
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To: Texaggie79
I think his oath to uphold the Constitution can be interpreted 2 ways. It could mean, to uphold what the current law holds as constitutional, or it could mean, what he, himself believes to be constitutional. I really don't know.

The oath to uphold the Consititution means that he will go by WHAT IT SAYS. The Constitution says the Congress writes the bills, the presidents signs them into law. The AG is not specifically named in the Constitution as the one person in the land who will decide which laws, passed and unchallenged, shall be enforced and which shall not. It is not a violation of his oath to enforce all the laws passed and unchallenged, though he may personally think them unconstitutional, rather, IT IS HIS JOB.

We do not fix Congressional/presidential errors that way in this country.

15 posted on 06/05/2002 7:47:10 AM PDT by MozarkDawg
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To: Texaggie79
I really don't know.

And that is the first time I have seen you make a statement that was entirely correct. :-)

20 posted on 06/05/2002 8:06:57 AM PDT by Protagoras
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To: Texaggie79
Florida law states:
Section 5(b), Art. II, State Const., provides as follows:
Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm:

"I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of (title of office) on which I am now about to enter. So help me God.", and thereafter shall devote personal attention to the duties of the office, and continue in office until his successor qualifies. (e.s.)

The AG office in this state and elsewhere is an office of the Executive Branch and the chief Executive duty is to impartially and faithfully "execute" the law. Execute then means to investigate, charge and prosecute. It does not mean to Ajudicate or Judge. That is the duty of another branch, the judiciary. In judging, the applicability, the analysis of the properly (constitutionally) formed law and all issues of fact and law come into play.

The specter of the legitamacy of public funcionaries of all political stripe and ability, decieding on their personal whim what they wish to do, is the very reason for a sworn oath of office!

The American political system is nothing if not freedom from Arbitrary Power and what is more arbitrary than willful non-application of duty? The defense of the constitution of state or federal nature begins with the understanding of duties under the document, divisions of powers and such defense doesn't promote each office holder to a post of reinventing government based upon his sill, reason and personal opinion.

30 posted on 06/05/2002 8:29:23 AM PDT by KC Burke
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