In Obama,s attack on the Supreme Court, “a strong democratically elected congress”
August 26, 2009Sen. Ted Kennedy lost his struggle with cancer, the “democratically elected” Senate seat in congress was vacant. Subsequently, Governor Deval Patrick's enacted article II of amendment 48, The Referendum, II, declaring an emergency to enact the law allowing for an interim senator to fill a vacant U.S. Senate seat and subsequent law andSeptember 24, 2009the law was amended by executive order.September 24, 2009, Paul G. Kirk, was appointed to occupy the Senate seat and NOT “democratically elected.” From other States there were allegations that the “democratically elected” process was corrupted but this was the most blatant wherein a Governor enacted partisanship over the right to elect representatives.
So stated as evident, one person’s last wish, that of late Senator Kennedy that his seat be immediately and prejudicially filled. Consequently so enacted by Deval Patrick. Further that one partisan group also enacted to obtain advantages, or particular and exclusive privileges. Thereof, Part of the fist article 7.
At present are the largest ever federal tax increases and entitlement under debate in the U.S. Senate with a partisan majority rule at risk. 417Mass.406 In the first place, art. 7 speaks essentially to a right of the people to institute and change government…
Of part of the fist art.23, No subsidy, charge, tax, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature. No continues effusive representative preexisted for the reason of illness, therein the merit of immediate disorder is negated. Thus the consent of the people must be upheld, that all the inhabitants of this commonwealth, having such qualifications, have an equal right to elect representatives, of the fist art. 9, thus consent of the people as paramount and no other.
440 Mass. 309 In broad terms, it is the Legislature's power to enact rules to regulate conduct, to the extent that such laws are "necessary to secure the health, safety, good order, comfort, or general welfare of the community" (citations omitted). Opinion of the Justices, 341Mass.760 , 785 (1960). [Note 12]SeeCommonwealthv. Alger, 7Cush. 53 , 85 (1851). CA No. 209-4078 failed to make safe and secure the health, safety, good order, comfort, or general welfare of the community.