In the empty halls of the Oregon government when legislators flee the state to save Oregon economy from what they see as abuse of power there is a lone sign that reads:
Caution
Slip Hazard
Please wipe your feet.
What is the Real “Slip Hazard” Facing the People of Oregon?
We have been told that the governor of Oregon, Kate Brown, dispatched Oregon State Police to search for 11 Senate Republicans who walked out of the session to avoid a vote for a climate change bill. But did the governor of Oregon really do that? Is that the real story?
Kate stated, “The Senate Republicans have decided to abandon their duty to serve their constituents and walk out.”
Brown continued claiming the authority as Governor of Oregon, “I am authorizing the State Police to fulfill the Senate Democrats’ request.”
Brown had stated, “It is absolutely unacceptable that the Senate Republicans would turn their backs on their constituents who they are honor-bound to represent here in this building. They need to return and do the jobs they were elected to do.”
KOIN-TV reported, ‘Officers can arrest the lawmakers if they refuse to willfully return’.
They will also be fined $500 every day they do not appear in the session. Why is this all taking place and did it really need to happen?
Supposedly HB 2020 is a comprehensive cap-and-invest strategy for combating climate change. But is it? Others claim “This is a sad day for Oregon. There is no fine that could ever amount to the FEAR democrats have put on Oregonians over the #hb2020 legislation that will destroy livelihoods of many in our state.” Republican Sen. Herman Baertschiger Jr. tweeted.
Herman also said, “Protesting cap and trade by walking out represents our constituency and exactly how we should be doing our job, We have endured threats of arrest, fines and pulling community project funds from the Governor, Senate President and Majority Leader. We will not stand by and be bullied by the majority party any longer. Oregonians deserve better. It’s time for the majority party to consider all Oregonians – not just the ones in Portland.”
I have heard reports that the Three Percenters1 are hiding the Senators and some are seeing this as a historical moment. Sen. Brian Boquist, a Republican from Dallas, said late Wednesday“Send bachelors and come heavily armed. “I’m not going to be a political prisoner in the state of Oregon.”
While some will report that this bill is a good faith effort to fight climate change, others say it is a money and power grab to create a massive slush fund that will raise taxes and devastate the Oregon economy, hurt the poor, and enrich crony capitalists who are dipping their hands into the treasury.2
PUC Commissioner John Savage says: “This bill is absolute crap … a shell game that will result in no actual emissions reductions and higher rates for Oregon customers. And then the utilities get to stuff our decisions they didn’t like down our throats.”
We could go through a long coverage of all the detailed provisions of the Bill, their long-range consequences, and other Bills that both the Republicans and many citizens feel are being “shoved down their throats”.
The walkout might have been avoided if the Democrats had not tacked on an emergency clause. The emergency provision blocks Oregonians from being able to take the bill to a vote. The Senators felt they had to walk out to prevent a quorum and thereby stop the Democrats from ramming HB 2020 through avoiding the vote of the people.
All these claims and counterclaims could be a slippery slope to a violent confrontation. But is that the real story or is there a bigger story of corruptions so egregious that the media will not touch it?
We can tell Oregonians who will listen about the long term effects of these bills, the corruption going on behind the scenes to pass laws that make millions of dollars for special interests. We could advocate for Petitions being circulated to recall Kate Brown as the Governor. But is that really a good idea? Does that approach get to or even address the real problem which no one in the media wants to talk about?
Is there a better, more fundamental answer to the conflict?
Do we even know the whole truth and are we willing to hear it and provide for it?
Our greatest concern is the “Slip Hazard”3 facing the people who are running around in the halls of power and authority searching for solutions when they “lack knowledge”,4 do not have the “whole truth” and most importantly, their own feet need cleaning.
The problem of corruption in Oregon is essentially the same thing we can see all across the American landscape and even around the world. If the truth is to be known, this corruption has been the norm throughout the history of mankind whenever he looks to governments of the world to solve his problems.
The problem is to often that people do not love the truth enough to be “willing to know the whole truth; to know the worst, and to provide for it.”5 especially if the truth exposes their own sloth, avarice, and wantonness.
On June 20, Oregon State Police (OSP) issued the statement: “State Senators left the Salem area before various bills made it through our legislative process to a final vote. A bill cannot move forward to a vote without a quorum. The departure of the Senators leaves the Senate without the minimum number of members required to constitute a quorum, so the legislative process has stalled.” They go on to say “Consistent with the provisions in the Oregon Constitution, the Senate President requested the assistance of the Oregon State Police to bring Senators back to the capital to resume the legislative process. Consistent with her authority under Oregon law (ORS 181.050), the Governor has directed OSP to provide that assistance.”6
The Whole Truth
One problem is the OSP is not upholding the “whole truth” of the provisions in the Oregon Constitution, to say nothing of the citizens who have not heard the “whole truth”. Only a few people in Oregon know of the truth about the lawlessness in the high offices of the State. And the few who have are acquiescing to known violations of their Oregon Constitution.
The OSP also goes on to state that “Oregon State Police serves the Governor in her elected role as leader of Oregon’s Executive Branch of government, and she has now given a lawful directive which OSP is fully committed to executing.”
If you read the whole Oregon Constitution and access just some public information, which is a matter of record, the question arises as to just “Who is the lawful governor the OSP is supposed to be serving?”
If we just look at Article II, Section 22 of the Oregon Constitution which covers “Political Campaign Contribution Limitations”7, we can see plainly that “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”.
If we then go to Vote Smart‘s website, they provide factual, unbiased information on candidates and politicians to ALL Americans. In the record for Kate Brown8 we can see that she received $20,297,458.95 in donations and only $12,703,984.53 of that was from within the state. That would mean that Kate is in violation of Article 2 Section 22, which according to paragraph (2) of that section, means she must “forfeit the office” of 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.
What about all the other legislators?
Why didn’t the outspoken Republican Sen. Herman Baertschiger Jr. tell the people of the Governors 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 other elected officials are also in violation of the very Constitution they have sworn to uphold.
Article II, Section 22 is the law, especially for elected officials who are sworn to uphold its terms. Despite previous attempts to challenge it in District court in 19959, the Oregon Supreme Court in 199710, and the United States Court of Appeals in 199811 it remains the terms by which they may hold office.
To understand why this case law was created and what it actually did and did not do read Loophole
To understand what legislators are trying to do to overthrow the will of the people read Fake Reform
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 12 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. 13
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 “Sacred Honor”14 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.
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. 15
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. 16
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 usurpation17, any attempt to recall might suggest an “estoppel by acquiescence”18 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 law19 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”.20
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.
Footnotes
