A little constitution 101 for detective Terry Bell. The rest of you folks can follow along. Prosecutor Scott B. Lindstrom you should read this as well. Nothing lawful can be conducted by government and the courts without Constitutional authority, and government has no authority to disparage your Rights. Ok now where do you find constitutional authority? What I mean is, where would that authority be granted? Thats right the constitution. And in this case the Constitution of the State of Idaho. How does a government entity gain constitutional authority? Through constitution process, delegated (granted) by the general assembly (thats us) and then amended into the constitution. Alrighty then if you got those two right your packing an A+ so far. Can county government be delegated constitutional authority to provide misdemeanor probation services? No they can not. Why not? Because you have to be a member of the executive branch to be delegated authority of any type which in this case having the control over any probationers requires enumerated power which countys will never have. You see right there, that is like three protections written into the constitution to protect We The People from arbitrary rulers like what cassia and Minidoka countys have become. As well as many others. Bet your barely sporting a D- at this point. Thats directed at you know who. :) Hold on were not finished yet. The most important part is yet to come. The state board of correction has constitutional authority. They are a member of the executive branch. They meet all the requirements to be granted delegated authority which was done through constitution process, amended into the constitution in what year? 1942. If you look at Article X Section 5 of Idahos constitution you will find where the state board of corrections was granted constitutional authority by the general assembly. (Again thats us) This is further verified in the state board of correction section of law. Idaho Code Title 20 Chapter 2 which refers to that authority in the constitution further stating we are a constitutional probation etc, not verbatim. I know your going to try and sound smart by saying that countys get their authority to provide misdemeanor probation services from Idaho Code Sections 19-3947 and 31-878, right? Wrong. Does either of those two statutes include anything about constitutional authority? No they do not. Which makes them what? Null void and unenforceable. Has the Idahos constitution been amended granting counties in Idaho constitutional authority to provide misdemeanor probation services? No it has not. Probably because countys are from the wrong branch of government. There you go, in a nut shell. The facts have been stated, the detective work has been done, go round up the real criminals. Nothing lawful can be conducted by government and the courts without Constitutional authority, and government has no authority to disparage your Rights.
Posted on: Fri, 12 Dec 2014 15:32:03 +0000
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