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Administrative law is commonly defended as a new sort of power, a product of the 19th and the 20th centuries that developed to deal with the problems of modern society in all its complexity. From this perspective, the Framers of the Constitution could not have anticipated it and the Constitution could not have barred it. What I will suggest, in contrast, is that administrative power is actually very old. It revives what used to be called prerogative or absolute power, and it is thus something that the Constitution centrally prohibited.
The History and Danger of Administrative Law Philip Hamburger, Columbia Law School
Jonathan Gruber, an architect of Obamacare bragged about how the United States legislature passed ObamaCare , turning over a sixth of the U.S. economy to the government, Gruber admitted that the Obama administration went through "tortuous" measures to keep the facts about the legislation from the American people, including covering up the redistribution of wealth.
The Architects of Obama Care don't have anything over the Maine Legislature which has likewise taken over massive portions of the Maine economy and in the process embedded a vast unconstitutional network of state corporations which redistributes the wealth of the people using equally manipulative ethics codified into statutory law.
5 out of 6 bonds recently voted in by the people of Maine will be distributed through the unconstitutional corporate state network. To avoid having to provide a fiscal statement with the bond questions, In 2013, the Maine legislature passed a statute that says, in effect- You can comply with the constitution- Or you cannot!
LEGISLATING
A RUN AROUND THE MAINE CONSTITUTION
2013
The
Maine legislature amends the statute governing the ratification of
bond issues. The constitution requires this information to accompany
the bond question Article IX Section 14
- the total amount of bonds of the State outstanding and unpaid,
- the total amount of bonds of the State authorized and unissued,
-
and the
total amount of bonds of the State contemplated to be issued if the
enactment submitted to the electors be ratified.
At this date ( Nov 11 2014) I have put in a request to legislative Law Library for a copy of how this statute read before it was amended in 2013. It appears that it probably stopped right before the word “or” in the last sentence. This deems that the constitutional words “accompanying the ballot” are satisfied by posting the information “outside the guardrail”. The guardrail which separates voters from the rest of the world. The only reason for doing this is to go against the constitutional intent by making the information less accessible to the voter than is stated in the constitution.
§152. Ratification of bond issue; signed statement
In
accordance with the Constitution of Maine, Article IX, section 14,
the Treasurer of State shall prepare a signed statement, called the
Treasurer's Statement, to accompany any question submitted to the
electors for ratification of a bond issue setting forth the total
amount of bonds of the State outstanding and unpaid, the total amount
of bonds of the State authorized and unissued and the total amount of
bonds of the State contemplated to be issued if the enactment
submitted to the electors should be ratified. The Treasurer of State
shall also set forth in that statement an estimate of costs involved,
including explanation of, based on such factors as interest rates
that may vary, the interest cost contemplated to be paid on the
amount to be issued, the total cost of principal and interest that
will be paid at maturity and any other substantive explanatory
information relating to the debt of the State as the Treasurer of
State considers appropriate. To meet the requirement that the signed
statement of the Treasurer of State accompany any ballot question for
ratification of a bond issue, the statement may be printed on the
ballot or it may be printed as a
separate document that is made available to voters as provided in
Title 21-A, sections 605-A and 651. [2013, c.
131, §1 (AMD).]
SECTION
HISTORY
1979, c.
534, §2 (NEW). 2007, c. 515, §1 (AMD). 2011, c.
342, §3 (AMD). 2013, c. 131, §1 (AMD).
This is what it says in Title 21-A, sections 651. .
This is what it says in Title 21-A, sections 651. .
2. Election
materials distributed and posted.
At any time after the materials are received and before the polls are
open, the clerk may open the packages or boxes of election materials,
break the seals on the packages not marked "ballots," and
use the materials for instructional purposes. On election day, the
clerk or the election officials must post the voter instructional
materials described in section 605-A, if applicable to the election,
as follows:
A. In
each voting booth: one voting instruction poster prepared under
section 605-A; and [2011, c.
342, §22 (NEW).]
B. Outside
the guardrail enclosure at each voting place:
(1)
At least one voting instruction poster prepared under section 605-A;
(2)
One set of sample ballots for each ballot style being used in that
voting place;
(3)
A list of any declared write-in candidates for that voting district,
with the office sought, next to the sample ballots;
(4)
One voting rights poster or notice prepared under section 605-A;
(5)
One election penalty poster or notice prepared under section 605-A;
(6)
One Treasurer's Statement prepared under Title 5, section 152;
(7)
One citizen's guide to the referendum election prepared under section
605-A; and
(8)
One copy of the Office of Fiscal and Program Review's estimate of the
fiscal impact prepared under Title 1, section 353. [2011, c.
342, §22(NEW).]
[ 2011, c.
342, §22 (AMD) .]
§353. Explanation of proposed amendments and statewide referenda
With
the assistance of the Secretary of State, the Attorney General shall
prepare a brief explanatory statement that must fairly describe the
intent and content and what a "yes" vote favors and a "no"
vote opposes for each direct initiative, bond issue, constitutional
resolution or statewide referendum that may be presented to the
people. The Office of Fiscal and Program Review shall prepare an
estimate of the fiscal impact on state revenues, appropriations and
allocations of each measure that may appear on the ballot, within the
following time frames: for a direct initiative, within 15 business
days after the applicant has given consent to the Secretary of State
for the final language of the proposed law; and for a statewide
referendum, bond issue or constitutional resolution, within 30 days
after adjournment of the legislative session in which the measure was
passed. The fiscal impact estimate must summarize the aggregate
impact that the constitutional resolution, statewide referendum,
direct initiative or bond issue will have on the General Fund, the
Highway Fund, Other Special Revenue Funds and the amounts distributed
by the State to local units of government. [2011, c. 342, §1 (AMD).]
SECTION HISTORY
1973, c. 625, §3 (AMD). 1979, c.
534, §1 (AMD). 1979, c. 541, §A2 (AMD). 1979, c. 663, §1 (AMD).
1991, c. 837, §A1 (AMD). 2005, c. 316, §1 (AMD). 2007, c. 695, Pt.
A, §2 (AMD). 2009, c. 341, §1 (AMD). 2009, c. 462, Pt. D, §1
(AMD). 2009, c. 538, §1 (AMD). 2011, c. 342, §1 (AMD).
Update Nov 12, 2014! The link I originally referenced is here ,
THIS IS HOW THE LAW WAS WRITTEN IN 2011- showing the process of incrementalism at play
In this link part of the sentence
below is struck out:
§152. Ratification of bond issue; signed statement
12 ....To meet the requirement that the signed statement of the Treasurer of State accompany any ballot question for ratification of a bond issue, the statement may be printed on the ballot or it may be printed as a separate document that is
WORDS STRUCK OUT
posted in each voting booth on election day and, in the case of absentee voting, the statement must be made available to each voter who votes in the presence of the municipal clerk or provided along with the ballot to each absentee voter who does not vote in the presence of the municipal clerk voters as
19 provided in Title 21-A, sections 605 and 651.
§605-A. Instructions
1. For election officials. The Secretary of State shall provide the clerk, registrar and election officials of each municipality with printed instructions and information to assist them in performing the requirements of this Title.
[ 2011, c. 342, §15 (NEW) .]
2. For voters. The Secretary of State shall prepare instructional materials and posters and provide them to each municipality to assist voters in registering to vote and in voting.
A. The voting instruction poster must include information on how to mark the ballot, including how to mark a write-in vote; how to replace the ballot if the voter makes a mistake; and how to receive assistance in marking the ballot. It may include other voting information. [2011, c. 342, §15 (NEW).]
B. The voting rights poster or notice must contain information advising prospective registrants and voters of their voting rights. [2011, c. 342, §15(NEW).]
C. The election penalty poster or notice must contain information regarding penalties for voting law violations. [2011, c. 342, §15 (NEW).]
D. The Treasurer's Statement must be prepared according to Title 5, section 152 to accompany ballots containing any statewide bond issues. The Secretary of State shall supply written instructions to each municipality, which may be provided to an absentee voter to indicate where the voter may view the Treasurer's Statement on the Secretary of State's publicly accessible website. [2011, c. 534, §13 (AMD).]
E. For each referendum ballot, a citizen's guide to the referendum election must be prepared and include the full text of each measure; the Attorney General's explanatory statement prepared under Title 1, section 353; the Treasurer's Statement prepared under Title 5, section 152; the Office of Fiscal and Program Review's estimate of the fiscal impact prepared under Title 1, section 353; and any public comment submitted pursuant to Title 1, section 354. The Secretary of State must post a citizen's guide to the referendum election on the Secretary of State's publicly accessible website and provide a printed copy to each municipality and to each public library in the State. [2011, c. 342, §15 (NEW).]
Each municipality must post the voter instructional materials as described in section 651.
Later I found the same section as it is now published in the Maine Statutes:
§152. Ratification of bond issue; signed statement
In accordance with the Constitution of Maine, Article IX, section 14, the Treasurer of State shall prepare a signed statement, called the Treasurer's Statement, to accompany any question submitted to the electors for ratification of a bond issue setting forth the total amount of bonds of the State outstanding and unpaid, the total amount of bonds of the State authorized and unissued and the total amount of bonds of the State contemplated to be issued if the enactment submitted to the electors should be ratified. The Treasurer of State shall also set forth in that statement an estimate of costs involved, including explanation of, based on such factors as interest rates that may vary, the interest cost contemplated to be paid on the amount to be issued, the total cost of principal and interest that will be paid at maturity and any other substantive explanatory information relating to the debt of the State as the Treasurer of State considers appropriate. To meet the requirement that the signed statement of the Treasurer of State accompany any ballot question for ratification of a bond issue, the statement may be printed on the ballot or it may be printed as a separate document that is made available to voters as provided in Title 21-A, sections 605-A and 651. [2013, c. 131, §1 (AMD).]
SECTION HISTORY
1979, c. 534, §2 (NEW). 2007, c. 515, §1 (AMD). 2011, c. 342, §3 (AMD). 2013, c. 131, §1 (AMD).
Who added the word "OR" to Title 5, section 152 and when?
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