Article 2 Section 22: Difference between revisions
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The first attempt to challenge Article II, Section 22 of the Oregon Constitution was in District court in 1995<Ref name="District"> [https://scholar.google.com/scholar_case?case=9918960183458933394 Vannatta v. Keisling, 899 F. Supp. 488 - Dist. Court, D. Oregon 1995]</Ref> | The first attempt to challenge Article II, Section 22 of the Oregon Constitution was in District court in 1995<Ref name="District"> [https://scholar.google.com/scholar_case?case=9918960183458933394 Vannatta v. Keisling, 899 F. Supp. 488 - Dist. Court, D. Oregon 1995]</Ref> | ||
Later the Oregon Supreme Court addressed the matter in 1997.<Ref name="supreme">[https://www.courtlistener.com/opinion/1169752/vannatta-v-keisling/ Vannatta v. Keisling, 931 P.2d 770 (Or. 1997)] </Ref> | Later the Oregon Supreme Court addressed the matter in 1997.<Ref name="supreme">[https://www.courtlistener.com/opinion/1169752/vannatta-v-keisling/ Vannatta v. Keisling, 931 P.2d 770 (Or. 1997)] </Ref> This case involved challenges, under various provisions of the Oregon Constitution, to portions of Oregon Laws 1995, chapter 1. The conclusion of this case was only that "Sections 3, 4, 11, 14, 15, 16, and 17 of Measure 9 are declared void." | ||
And finally the United States Court of Appeals examined the decision of the District Court in 1998.<Ref name="appeals"> [https://scholar.google.com/scholar_case?case=11439113153192091581&hl=en&as_sdt=6&as_vis=1&oi=scholarr 151 F. 3d 1215 - Court of Appeals], 9th Circuit 1998. </Ref> | And finally the United States Court of Appeals examined the decision of the District Court in 1998.<Ref name="appeals"> [https://scholar.google.com/scholar_case?case=11439113153192091581&hl=en&as_sdt=6&as_vis=1&oi=scholarr 151 F. 3d 1215 - Court of Appeals], 9th Circuit 1998. </Ref> | ||
Revision as of 13:08, 5 July 2019
Listen to or Download 9 minute clip about Article II Section 22 from Drowned by Hate.
Article II Section 22
"And thou shalt take no gift[1]: for the gift blindeth the wise, and perverteth the words of the righteous." Exodus 23:8
If we just look at Article II, Section 22 of the Oregon Constitution which covers "Political Campaign Contribution Limitations"[2] , we can see plainly that a "candidate may use or direct only contributions which originate from individuals who at the time of their donation were residents of the electoral district of the public office sought by the candidate".
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| Even the Bible warned the people as to what they need to put in a constitution when creating offices of government like a president, prime minister, or any executive office or ruler and said that they "shall read therein [those rules] all the days of his(or her) life: that he may learn to fear the LORD his God, to keep all the words of this law and these statutes, to do them:" Oregon legislature has not done that. |
| See list of Constitutional Articles. We recommend you read the book Contracts, Covenants, and Constitutions to fully understand the Constitution and its effects. |
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| Now that Measure 107 theoretically passed in 2020 there is little hope for less than corruption in Oregon. |
| Almost any mention of the Oregon Constitution today is hypocritical if not naive. The people of Oregon have egregiously allowed Article 2, Section 22 of the Constitution to be flaunted and violated with impunity by 75% of those elected to office in the state. |
| The apathy and ignorance of the people who have consistently lacked both the will and the wisdom have allowed this pervasive criminal corruption and abuse of the law and their own constitution. |
| Their inexcusable acquiescence to such pervasive corruption makes the term "Citizen of Oregon" a bit of a pathetic an anathema. On the future they should expect nothing but greater and greater abuse from the unbridled power they have released by their failure to act when they had the chance. |
| The people have rebelled against righteousness and each other with their covetous practices and waived their right to rebel. The people need to Repent and seek the righteousness only common in free governments. |
If we then go to Vote Smart's website, they provide factual, unbiased information on candidates and politicians to ALL Americans. The election records show that Kate Brown[3] received $20,297,458.95 in donations and only $12,703,984.53 of that was from within the state. By law, she is only allowed to recieve 10% which would be $2,029,745.90. It is clear she accepted $7,593,429.42 from outside the state. That would mean that Kate is in violation of Article II, Section 22 of the Oregon Constitution which, according to paragraph (2) of that section, means she must “forfeit the office” of the governor and “shall not hold a subsequent elected public office for a period equal to twice the tenure of the office.” Also, according to paragraph (4), she is guilty of a “felony” and should be charged and arrested for a "felony".
So, if Kate is not the lawful governor of Oregon because of her violation of Article 2 Section 22, then the OSP should not be doing what she says. They could be arresting her for trespass and impersonating the Governor of Oregon instead of vacating the office she now holds hostage.
"A false witness that speaketh lies, and he that soweth discord among brethren." Proverbs 6:19
See and do for yourself
"He that speaketh truth sheweth forth righteousness: but a false witness deceit." Proverbs 12:17
Why didn't the outspoken Republican Sen. Herman Baertschiger Jr.[4] tell the people of the Governor's violation of the Article 2 Section 22 which should instantly remove her as a threat to Oregon's economy?
As we examined the data at the Vote Smart website we can see that many other legislators and elected officials are also in violation of the very Constitution they have sworn to uphold.
- Article II, Section 22 of the Oregon Constitution was the will of the people of Oregon and is the law for everyone seeking office in Oregon, especially for those elected officials who are sworn to uphold its terms. If society will not require honest adherence to the laws it establishes it will be ruled by the dishonest and lawless elements of society.
We have added a picture of a partial spreadsheet that shows how rampant this corruption is. Only a return to honesty can protect people from abuse of power. You can check candidates for your self at at the Vote Smart website. American government was designed to be a government of, for and by the people. You cannot just leave the government to politicians and bureaucrats. There are things that only you can do if you want honest government. Go to the section on What you can do, find others who are willing to act on behalf of others, the next generation, for what is right and do what is needed top restore honest government to your state.
Still Law
Despite previous attempts to undermine its viability in District court in 1995[5] , the Oregon Supreme Court in 1997[6] , and the United States Court of Appeals in 1998[7] it remains the legal terms by which they may hold office.[8]
The data tells us that Republican Sen. Herman Baertschiger Jr. received a total of $155,416.91 in contributions. According to the data, he can only accept and use a total of $15,541.69 from outside of District 2. But data shows In-State funding at $112,573.75 and the Out-Of-State funding at $42,750.00. Moreover his "Top Contributors" are sometimes statewide special interest groups. But anyone seeking election may only receive 10% of their donations from outside their district.
Herman is probably a great guy and certainly a courageous one in his fight for what he thinks as right for Oregonians. But everyone running for elected office needs to come clean [9] and abide by the law if they want to be lawmakers.
"You must abide by the law if you want to be a just lawmaker."
Both sides of the aisle need to be held to the same standard of upholding the Constitution that has given them power even if it means they must vacate their office for a Season. Even Moses knew that. [10]
Not only the governor but also many holding elected office in the State of Oregon need to step down together from those offices to set a good faith example and give their support to law enforcement in Oregon and to the courts to do the right thing and remove those who do not willingly step-down.
That will take courage and sacrifice. They have individually pledged to uphold the Constitution and they now need to mutually pledge to each other their "Sacred Honor"[11] to uphold the whole Constitution that created the office of power they sought. It would be a shot for freedom and righteousness heard round the world.
Once the elected officers of the State come clean and do the right thing, it would mean that many of the appointed officials who were chosen by candidates that legally do not have a right to the office they occupy are also holding their offices and taking their pay under false pretenses.
"And let none of you imagine evil in your hearts against his neighbour; and love no false oath: for all these [are things] that I hate, saith the LORD." Zechariah 8:17
Acquiescence
“Nothing strengthens authority so much as silence.” ― Leonardo da Vinci
Some citizens who have also discovered this blatant and pervasive violation of the law have been advised to "wait". Wait for what?
Every day an elected official refuses to vacate any office they do not have a right to is an "unclassified felony" and compounds their violation. If those who are responsible for the enforcement of the law and the constitution of Oregon fail to uphold its provisions, they also become subject to arrest.
“If I were to remain silent, I'd be guilty of complicity.” ― Albert Einstein
State officials are not enforcing their own rules and it is becoming increasingly clear that the citizens of Oregon need to make a "timely" specific objection or they will have "acquiesced" to the lawlessness. [12]
If citizens wait or delay in objecting, their silence is then assumed to be acquiescence, which will result in "the person whose rights are infringed" losing the ability to make a legal claim against the infringer or may be unable to obtain an injunction against continued infringement. The doctrine of acquiescence infers a form of "permission" that results from silence or passiveness over an extended period of time. Silence in the face of a transgression may result in a loss of a right to make a claim for loss or damage, on the principle of consent inferred from accepting or permitting the wrongful acts without protest or claim. [13]
I would not presume to give any legal advice to the citizens and residents of Oregon and none is implied. But I ponder the wisdom of a recall. Once the people know an office is invalidly occupied by an unwarranted usurpation[14], any attempt to recall might suggest an "estoppel by acquiescence"[15] since there is no reason to recall someone who has no right to the office.
There is no need to give an eviction notice to a burglar nor sue for a divorce from a rapist.
We are only interested in the moral character of the people to abide by their word and keep the other commandments. Of course, it is our desire that their desire is to repent and seek the kingdom of God and His righteousness. What made America great was not its presidents and governors. Whatever greatness we may claim sprang from the people who had a sense of justice and mercy. It was their unswerving willingness to drop what they were doing in a minute to do what was right for their neighbor and their neighbor's children and not just for themselves. It is your choice either to work for the rule of law[16] or to be ruled by the lawless.
“Not only will we have to repent for the sins of bad people; but we also will have to repent for the appalling silence of good people.” ― Martin Luther King Jr.
If you want your rights back, you need to take your responsibility back and attend to the "weightier matters".[17]
You will need to gather together and work together for the sake of righteousness with courage and perseverance. You will need a consistent and unwavering team of dedicated men and women. You will need to support them and protect them. And you will need an honest lawyer or two.
Loophole
“good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws”― Plato
Placing some restriction on politicians when running for office has been accepted in Oregon and most states. It has been considered "necessary and proper" in the past but in 1975 most of those limitations were removed in Oregon and the amount of donations politicians received began to climb rapidly. The People of Oregon saw what appeared to be bribery or at least undue influence upon politicians because those restrictions were taken off of campaign donations in Oregon.
This is why the people passed Measure 6[18] into law. Article II, Section 22 was the will of the people. It did not restrict the people from supporting a particular candidate or their freedom of speech. It simply made it improper for people not directly represented by an office of government to directly line the pockets of candidates who were running for office by more than 10% of the total donations to the candidate. This had been a very lucrative way in which some candidates could dominate campaign spending or even walk away with large sums of money in their campaign accounts or therefore their pocket. Many politicians and PAC groups were not happy with those restrictions imposed by the people and began to seek ways to get around them.
The first attempt to challenge Article II, Section 22 of the Oregon Constitution was in District court in 1995[5]
Later the Oregon Supreme Court addressed the matter in 1997.[6] This case involved challenges, under various provisions of the Oregon Constitution, to portions of Oregon Laws 1995, chapter 1. The conclusion of this case was only that "Sections 3, 4, 11, 14, 15, 16, and 17 of Measure 9 are declared void."
And finally the United States Court of Appeals examined the decision of the District Court in 1998.[7]
None of these cases actually overturned Article II, Section 22 which remains the legal terms by which politicians may seek and hold office.
This challenge was contrived over a matter of a $100 contribution in order to create the appearance of a loophole in the law that allowed politician to disregard the written Constitution they are sworn to uphold and thumb their noses at what the "people" believed to be and voted was "proper".
Phil Keisling, in his capacity as Secretary of the State of Oregon, did not properly present the case in District Court for Article II, Section 22. "This lawsuit involves a federal constitutional challenge to Ballot Measures 6 and 9 which amended the Oregon Constitution." This case with-Motions for Summary Judgment on the constitutionality of Measure 6[18] aloud for the creation of bad case law. It simply granted "Plaintiffs' Motion for Summary Judgment (# 9)" and denied " Defendants' Motion for Summary Judgment (# 25)" and then dismissed the case.
Summary judgment is a judgment entered by a court for one party and against another party without a full trial. "Motion for Summary Judgment is a request made by the defendant in a civil action. Through this motion a defendant asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defendant without going to trial." The people of Oregon who passed Measure 6 into law defining what was "proper" for politicians when running for office has never had their day in court because no one has raised a genuine issue. Whether this was the result of neglect, incompetence or conspiracy is irrelevant. The fact remains Article II, Section 22 is still the law of the land in Oregon.
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Footnotes
- ↑ The Hebrew word translate gift in Exodus 23:8 is the same word translated bribe in 1 Samuel 8:3.
- ↑ Oregon Constitution, Article II, Section 22: Political Campaign Contribution Limitations
- (1) For purposes of campaigning for an elected public office, a candidate may use or direct only contributions which originate from individuals who at the time of their donation were residents of the electoral district of the public office sought by the candidate, unless the contribution consists of volunteer time, information provided to the candidate, or funding provided by federal, state, or local government for purposes of campaigning for an elected public office.
- (2) Where more than ten percent (10%) of a candidate’s total campaign funding is in violation of Section (1), and the candidate is subsequently elected, the elected official shall forfeit the office and shall not hold a subsequent elected public office for a period equal to twice the tenure of the office sought. Where more than ten percent (10%) of a candidate’s total campaign funding is in violation of Section (1) and the candidate is not elected, the unelected candidate shall not hold a subsequent elected public office for a period equal to twice the tenure of the office sought.
- (3) A qualified donor (an individual who is a resident within the electoral district of the office sought by the candidate) shall not contribute to a candidate’s campaign any restricted contributions of Section (1) received from an unqualified donor for the purpose of contributing to a candidate’s campaign for elected public office. An unqualified donor (an entity which is not an individual and who is not a resident of the electoral district of the office sought by the candidate) shall not give any restricted contributions of Section (1) to a qualified donor for the purpose of contributing to a candidate’s campaign for elected public office.
- (4) A violation of Section (3) shall be an unclassified felony.
- ↑ Kate Brown's Campaign Finances
- ↑ Republican Sen. Herman Baertschiger Jr.
- ↑ 5.0 5.1 Vannatta v. Keisling, 899 F. Supp. 488 - Dist. Court, D. Oregon 1995
- ↑ 6.0 6.1 Vannatta v. Keisling, 931 P.2d 770 (Or. 1997)
- ↑ 7.0 7.1 151 F. 3d 1215 - Court of Appeals, 9th Circuit 1998.
- ↑ Article 2 Section 22 was NOT DECLARED UNCONSTITUTIONAL by US District Judge Robert E. Jones. That was not the "question before the court". I know there are people that started the lie that "Article 2 Section 22 was DECLARED UNCONSTITUTIONAL by US District Judge Robert E. Jones" and unfortunately many spread that misinformation/lie but it is simply not true. We quote Vannatta v. Keisling case and its appeal and we include the actual links to the case files in the article so you can see for yourself. We not only show that Section 22 is still law as it was intended but we show you that corrupt people in government, those buying influence on a daily bases, and even the press are working to try to get the people in 2020 to vote against those reforms put in place by the people back in the '90s. Why would people like they be trying to nullify "Article 2 Section 22" with Senate Joint Resolution 18 if Article 2 Section 22 was already overturned by Judge Robert E. Jones? Again that is not what the Judge decided in Vannatta v. Keisling. We try to bring it down to simple terms and kept the details in the footnotes. We have done the digging and laid it out for all to see as a service to the people but they still have to seek the whole truth and nothing but the truth.
- ↑ They need to metaphorically "wipe their feet" lest they slip and break the law they have sworn to uphold.
- ↑ Hebrews 11:24-27 "By faith Moses, when he was come to years, refused to be called the son of Pharaoh’s daughter; Choosing rather to suffer affliction with the people of God, than to enjoy the pleasures of sin for a season; Esteeming the reproach of Christ greater riches than the treasures in Egypt: for he had respect unto the recompence of the reward. By faith he forsook Egypt, not fearing the wrath of the king: for he endured, as seeing him who is invisible."
- ↑ The final sentence of the Declaration of Independence is a promise among the signers, to “mutually pledge to each other our Lives, our Fortunes, and our Sacred Honor,” and, in fact, many of them and their fellow citizens did sacrifice their lives and fortunes in service to what they knew was right.
- ↑ "In law, acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of his or her rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights." "Acquiescence". The Free Dictionary. Farlex. Retrieved 28 September 2017.
- ↑ Central Pacific R. Co. v. Alameda County
- ↑ "to extend an unwarrantable jurisdiction" by occupying an office you have no right to hold while exercising authority, ruling over and impose taxes upon the people through the power of that office is the definition of "Abuses and Usurpations". The Declaration of Independence
- ↑ A claim of estoppel may arise when one party gives legal notice to a second party of a fact or claim, and the second party fails to challenge or refute that claim within a reasonable time. The second party may be said to have acquiesced to the claim, and thus to be estopped from later challenging it or making a counterclaim based upon the actions of the other party. Estoppel by acquiescence is different from estoppel by laches as acquiescence involves an intentional act of the party who is accused of acquiescence, while laches may result from conduct that is not voluntary.
- ↑ laws are to be clear, publicized, stable, and just; are applied evenly; and protect fundamental rights of the individual consistently.
- ↑ Matthew 23:23 "Woe unto you, scribes and Pharisees, hypocrites! for ye pay tithe of mint and anise and cummin, and have omitted the weightier matters of the law, judgment, mercy, and faith: these ought ye to have done, and not to leave the other undone."
- ↑ 18.0 18.1 Measure 6 reads:
- Be it enacted by the People of Oregon:
- SECTION 1. For purposes of campaigning for an elected public office, a candidate may use or direct only contributions which originate from individuals who at the time of their donation were residents of the electoral district of the public office sought by the candidate, unless the contribution consists of volunteer time, information provided to the candidate, or funding provided by the federal, state, or local government for purposes of campaigning for an elected public office.
- SECTION 2. Where more than ten percent (10%) of a candidate's total campaign funding is in violation of Section (1), and the candidate is subsequently elected, the elected official shall forfeit the office and shall not hold a subsequent elected public office for a period equal to twice the tenure of the office sought. Where more than ten percent (10%) of a candidate's total campaign funding is in violation of Section (1) and the candidate is not elected, the unelected candidate shall not hold a subsequent elected public office for a period equal to twice the tenure of the office sought.
- SECTION 3. A qualified donor (an individual who is a resident within the electoral district of the office sought by the candidate) shall not contribute to a candidate's campaign any restricted contributions of Section (1) received from an unqualified donor for the purpose of contributing to a candidate's campaign for elected public office. An unqualified donor (an entity which is not an individual and who is not a resident of the electoral district of the office sought by the candidate) shall not give any restricted contributions of Section (1) to a qualified donor for the purpose of contributing to a candidate's campaign for elected public office.
- SECTION 4. A violation of Section (3) shall be an unclassified felony.