Lavonne Griffin-Valade and Oregon DOJ ignore the Oregon Constitution to achieve the goal of barring Republican senators from standing for re-election in 2024.
Surely someone will appeal the Secretary of State's ruling. Thanks to the author, their appellate brief is largely written. All that remains is to file the appeal before the deadline and see whether or not the court concurs.
However, It is clear that the intent behind the measure was to prohibit legislators who missed too many sessions from running for re-election at the very next election. Is there any evidence in the legislative history or in the media that the proponents of the sanction intended for legislators who accumulated too many unexcused absences to be able to run at the very next election?
Whoever drafted the initiative appears to have confounded the intent with the language "following the election." It would be useful to know who did the drafting and what their qualifications were.
Right, and it’s the actual language of the measure/law that should control. We don’t want courts overriding the language voters voted to put in the constitution because courts believe that can’t be what they meant. That’s a bad, bad precedent to set.
I responded to Ms. Griffin-Valade's welcome email, in part questioning the fact that although she promised not to be political I doubted she could do it after reading her bio. Sure enough her welcome email was nothing but bs..... She has now shown her true colors. So much for an impartial leader that has no intention of running for re-election....
given the makeup of the three branches of the Oregon government I would have to surmise that your argument will go nowhere until out of state help is brought in, and probably until the 9th circuit decision is appealed.
I'm with you as to how the law should be read. But the ballot title and ballot summary (which is all many, if no most, voters ever see) support LGV's reading. It always galls me that the full text of the ballot measure isn't included with the ballot. The whole Oregon initiative process needs a serious re-thinking.
Agreed on initiative petition and including language on ballot. LGV's position requires ignoring the actual language of the constitution (leaving it, presumably forever, saying something quite clearly while courts have essentially redrafted it for the purpose of their opinions) to benefit the same folks who messed up the ballot language vs. summary. Do we put an asterisk in that part of the constitution "*Does not mean what it says?" Bizarre situation all around.
This is how machine politics works. Starts as reform; becomes a petty tyranny. From Tom McCall to...this?
The people who a drawn to join the tyranny are, generally, sociopaths, when they're not full-bore kleptomaniacs. Anyone halfway sensible and even honest drowns in the sea of mediocrity--Betsy Johnson the current example.
Democrats interpret as they see fit. And the majority of them are dumber than dirt anyway. Evidently the majority of Oregonians choose to listen to them. The definition of insanity is alive and well in Oregon.
Jeff. You forget that our Democrat friends only abide by the law when it’s to their benefit and their opposition gets screwed. Otherwise, it’s just a concept to be ignored, especially when there’s no consequences, ever.
When I left New Orleans for Oregon a good friend, prominent Cardiologist who grew up in San Juan PR warned me that third world cities grow on you and leaving is hard Fortunately I moved to a Banana Republic. A source of endless amazement
I don't know if I ever sent this to you before, but given the situation here and nationally consider it a little heads up:
At about the time our original 13 states adopted their new constitution, in the year 1787, Alexander Tytler (a Scottish history professor at The University of Edinborough) had this to say about “The Fall of The Athenian Republic” some 2,000 years prior:
“A democracy is always temporary in nature; it simply cannot exist as a permanent form of government. A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury. From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse due to loose fiscal policy, which is always followed by a dictatorship.”
“The average age of the worlds greatest civilizations from the beginning of history, has been about 200 years. During those 200 years, these nations always progressed through the following sequence:
Oof, yeah, I think about that kind of thing often. The American experiment with liberty and the rule of law is, big time, an outlier in human history. We take it for granted to our peril.
It would not be the first time that a court followed what was meant as opposed to what was acually said. You might read State v. Gaines, 346 Or. 160 (2009), for a preview of what's to come. And don't miss Laidlaw Transit, 435 F3d 1140, a 2006 hot take from the Ninth Circuit, where "less" was read to mean "more."
Surely someone will appeal the Secretary of State's ruling. Thanks to the author, their appellate brief is largely written. All that remains is to file the appeal before the deadline and see whether or not the court concurs.
However, It is clear that the intent behind the measure was to prohibit legislators who missed too many sessions from running for re-election at the very next election. Is there any evidence in the legislative history or in the media that the proponents of the sanction intended for legislators who accumulated too many unexcused absences to be able to run at the very next election?
Whoever drafted the initiative appears to have confounded the intent with the language "following the election." It would be useful to know who did the drafting and what their qualifications were.
Right, and it’s the actual language of the measure/law that should control. We don’t want courts overriding the language voters voted to put in the constitution because courts believe that can’t be what they meant. That’s a bad, bad precedent to set.
I responded to Ms. Griffin-Valade's welcome email, in part questioning the fact that although she promised not to be political I doubted she could do it after reading her bio. Sure enough her welcome email was nothing but bs..... She has now shown her true colors. So much for an impartial leader that has no intention of running for re-election....
I bet she has no intention to run. But she also was out into place to do the bidding of the person who put her there.
given the makeup of the three branches of the Oregon government I would have to surmise that your argument will go nowhere until out of state help is brought in, and probably until the 9th circuit decision is appealed.
The GOP senators’ attorney has threatened federal litigation, but usually federal courts let Oregon courts decide issues of Oregon law. We’ll see.
I'm with you as to how the law should be read. But the ballot title and ballot summary (which is all many, if no most, voters ever see) support LGV's reading. It always galls me that the full text of the ballot measure isn't included with the ballot. The whole Oregon initiative process needs a serious re-thinking.
Agreed on initiative petition and including language on ballot. LGV's position requires ignoring the actual language of the constitution (leaving it, presumably forever, saying something quite clearly while courts have essentially redrafted it for the purpose of their opinions) to benefit the same folks who messed up the ballot language vs. summary. Do we put an asterisk in that part of the constitution "*Does not mean what it says?" Bizarre situation all around.
Great analysis.
This is how machine politics works. Starts as reform; becomes a petty tyranny. From Tom McCall to...this?
The people who a drawn to join the tyranny are, generally, sociopaths, when they're not full-bore kleptomaniacs. Anyone halfway sensible and even honest drowns in the sea of mediocrity--Betsy Johnson the current example.
Just have to keep pointing out the fact of the cabal and its negative effects for Oregonians. I don't know what else to do.
Democrats interpret as they see fit. And the majority of them are dumber than dirt anyway. Evidently the majority of Oregonians choose to listen to them. The definition of insanity is alive and well in Oregon.
Jeff. You forget that our Democrat friends only abide by the law when it’s to their benefit and their opposition gets screwed. Otherwise, it’s just a concept to be ignored, especially when there’s no consequences, ever.
When I left New Orleans for Oregon a good friend, prominent Cardiologist who grew up in San Juan PR warned me that third world cities grow on you and leaving is hard Fortunately I moved to a Banana Republic. A source of endless amazement
I don't know if I ever sent this to you before, but given the situation here and nationally consider it a little heads up:
At about the time our original 13 states adopted their new constitution, in the year 1787, Alexander Tytler (a Scottish history professor at The University of Edinborough) had this to say about “The Fall of The Athenian Republic” some 2,000 years prior:
“A democracy is always temporary in nature; it simply cannot exist as a permanent form of government. A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury. From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse due to loose fiscal policy, which is always followed by a dictatorship.”
“The average age of the worlds greatest civilizations from the beginning of history, has been about 200 years. During those 200 years, these nations always progressed through the following sequence:
From Bondage to spiritual faith;
From spiritual faith to great courage;
From courage to liberty;
From liberty to abundance;
From abundance to complacency;
From complacency to apathy;
From apathy to dependence;
From dependence back into bondage.”
keep smiling and hope for the best...
Oof, yeah, I think about that kind of thing often. The American experiment with liberty and the rule of law is, big time, an outlier in human history. We take it for granted to our peril.
"randomly selected" haha I will never, ever remove that photo from my phone. It brings me endless amounts of joy.
It’s my favorite photo and I will not pass up an opportunity to use it!
It would not be the first time that a court followed what was meant as opposed to what was acually said. You might read State v. Gaines, 346 Or. 160 (2009), for a preview of what's to come. And don't miss Laidlaw Transit, 435 F3d 1140, a 2006 hot take from the Ninth Circuit, where "less" was read to mean "more."