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LovingA2andMI

(7,006 posts)
Fri Sep 4, 2015, 01:34 AM Sep 2015

Go To Jail, Go Directly To Jail, Do Not Pass Go or Pay $200 --- The Story of Kim Davis.

Excuse moi as a slight rant will take place here. Can we have EVERYONE take a course in High School Civics?

As one of many Public Elected Officials (in a really small office -- here withstanding) this madness must STOP.

Right Here! Pull over the Clown Car and Jump Out.

No Public Elected Official has ANY rights to pick and choose laws they will abide by, PERIOD. END OF STORY. DONE|.

Why?

FIRST the Supremacy Clause: Article 6 -- U.S. Constitution which reads as follows:

"ARTICLE VI
DEBTS, SUPREMACY, OATHS, RELIGIOUS TESTS
Signed in convention September 17, 1787. Ratified June 21, 1788.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."


Some words in particular are highlighted above....."Religious Test".

There is no Religious Test required to be a public official, it is expected and required a public official to do their duty or execute their duty. Even the "So Help Me God" phase can be removed from a Oath of Office -- if one so choose.

NEXT, the Oath of Office: Which can be different based on States or Local Versions, however the basic meanings are the same:

"I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability."


And then it says in this text:
No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust
.

Sample from the Michigan Constitution of 1963: http://www.legislature.mi.gov/(S(mgfsv055eaidzrnqwidp5fng))/documents/mcl/pdf/mcl-constitution-xi.pdf

Kim Davis and her marry band of clueless followers have NOTHING TO STAND ON. Either she can RESIGN in PROTEST, be RECALLED from office, be FORCED to COMPLY or be REMOVED from OFFICE by a higher authority (normally a State Legislative Body) -- which has to comply with the Supremacy Clause.

That's it, that's all.

This is a simple Lesson in Civics 101. If your personal beliefs counteract an ability to do a job for citizens of your community, county, state or federal public elected office --- RESIGN, LEAVE, GET OUT.

But no Public Elected Official gets to pick and choose which Laws of our Land they will comply with and LGBT Marriage and Issuing Certificates for LGBT Couples to get married, is the Law of the Land.

Finished!
7 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Go To Jail, Go Directly To Jail, Do Not Pass Go or Pay $200 --- The Story of Kim Davis. (Original Post) LovingA2andMI Sep 2015 OP
The religious test part has to do with qualification for office, not execution of office. n/t PoliticAverse Sep 2015 #1
No Religious Test is Required.... LovingA2andMI Sep 2015 #2
Amen. Downwinder Sep 2015 #3
Isn't she imposing a religious test on applicants? nt BadgerKid Sep 2015 #4
Exactly.... LovingA2andMI Sep 2015 #5
Well done! But the right wing wants to have their bigotry, misogyny, racism excused mnhtnbb Sep 2015 #6
The Judge Definitely Did the Right Thing.... LovingA2andMI Sep 2015 #7

LovingA2andMI

(7,006 posts)
2. No Religious Test is Required....
Fri Sep 4, 2015, 01:46 AM
Sep 2015

For Qualification or Execution of an Elected Office..... I.E. Separation of Church and State. Look it up -- it's also in the U.S. Constitution.










LovingA2andMI

(7,006 posts)
5. Exactly....
Fri Sep 4, 2015, 10:27 AM
Sep 2015

Which disqualifies her from serving in Public Elected Office. However, she must be removed by either recall, resignation or force removal due to violation of law by the State Legislature.

mnhtnbb

(31,382 posts)
6. Well done! But the right wing wants to have their bigotry, misogyny, racism excused
Fri Sep 4, 2015, 10:33 AM
Sep 2015

and they are attempting to use the concept of religious freedom so they
can discriminate against whatever group they want: women, minorities,
gays, people of color...whatever.

This is why every one of these challenges by people in governmental jobs who
want to refuse to do the job based upon some reason of religion needs to
be put down--hard. The judge did the right thing yesterday sending her to
jail for contempt. And I hope she sits there until she decides to resign or
comes to her senses and realize that taking an oath of office means she
has to abide by the oath.

LovingA2andMI

(7,006 posts)
7. The Judge Definitely Did the Right Thing....
Fri Sep 4, 2015, 11:51 AM
Sep 2015

And any other Elected Public Official County Clerk that does not comply with the LAW needs to be Forced to Comply, Resign, Recalled or Removed by Actions of the State Legislature. The Supremacy Clause always and will supersede any "personal" beliefs to comply with the law.

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