IDAHO LAWMAKERS VIOLATING STATE CONSTITUTION / FALSIFYING RECORDS - ARE IDAHO LAWS VALID?
Article II, Section 15 of the Idaho State Constitution provides that "No law shall be passed, nor shall any bill be put upon its final passage until ... [the bill] shall have been read on three several days in each house previous to the vote thereon..." The constitutional provision also requires that on the final passage of bills (in each of legislative bodies - House and Senate) - usually referred to as the "third reading" - all bills SHALL be read at length, section by section in the respective body. These constitutional mandates are not only being ignored, legislators are actively, knowingly and intentionally falsifying the official state record (journal) regarding the goings-on in the law-making process.
Upon the introduction of a bill for a vote in either state legislative body, virtually every bill, whether on the first, second or third (calendar) reading of the bill, the sponsor of the bill will make the following request of the body leader (Speaker of the House or President of the Senate) even before the clerk has read the entire title of the bill:
"I REQUEST UNANIMOUS CONSENT TO DISPENSE WITH FURTHER READING OF THE BILL, AND THAT THE JOURNAL SHOW THAT IT HAS BEEN READ THREE TIMES AT LENGTH, SECTION BY SECTION, AND IS PROPERLY BEFORE THE [BODY] FOR FINAL CONSIDERATION."
Almost without fail, there are no objections by any member of the body, and the bill sponsor begins debate. At the end of the debate, the bill is voted on, and either passed or defeated. Only in rare cases are the bills read, even in part, and those instances are generally limited to when one or more of the legislators is attempting to filibuster.
This begs the question... are any of the laws passed on bills which were not constitutionally sufficient actually valid or are the resulting laws void on their face? Further - how (and why) are legislators being allowed to falsify the journal?
Idaho Code 18-3201 and 18-3203 provide that any public officer who willingly falsifies any record kept as part of the official government records of the state of Idaho, or offers any false instrument to be filed in any public office is guilty of a felony, yet in open session, on virtually EVERY bill passed, this is EXACTLY what is occurring as the "Journal" is indeed a government record (Idaho Constitution, Article III, Section 13 - Idaho Code 509) maintained by the Idaho Secretary of State (Idaho Code 67-901 (2)). Are these legislators above the law?
The Fourteenth Amendment to the United States Constitution requires that citizens be granted Due Process of Law before being subjected to imprisonment or the taking of property and liberties. Failing to follow the state constitution when enacting state laws fails to meet the minimum standards of due process, and should nullify the laws as passed without proper foundation - that foundation being having been read in their entirety in the body from whence they were passed.
Because Idahoans may not be prosecuted for crimes except upon presentment of Indictment or Information (Idaho Constitution, Article I, Section 8), and such documents are REQUIRED to charge violations of VALID statutes, are the convictions of persons valid where the bills creating the criminal statutes were not constitutionally passed?
Anyone concerned about these issues should contact the Idaho Secretary of State via their website at www.sos.idaho.gov, or by phone at (208) 334-2300. Ask why the Secretary of State would certify any of these unconstitutional bills as law when they definitely will be challenged in the courts, costing taxpayers millions of dollars, and possibly the immediate release of thousands of prisoners due to the laws passed by the Idaho legislature being declared unconstitutional.
You can also contact the Legislative Services office at www.legislature.idaho.gov (208) 334-2475 for information on contacting your state representative or senator. Whether you are a voter or not, a political activist or a concerned citizen, these violations of YOUR constitutional rights - and those of your children and grandchildren - should be of a great concern to you.
DS
Upon the introduction of a bill for a vote in either state legislative body, virtually every bill, whether on the first, second or third (calendar) reading of the bill, the sponsor of the bill will make the following request of the body leader (Speaker of the House or President of the Senate) even before the clerk has read the entire title of the bill:
"I REQUEST UNANIMOUS CONSENT TO DISPENSE WITH FURTHER READING OF THE BILL, AND THAT THE JOURNAL SHOW THAT IT HAS BEEN READ THREE TIMES AT LENGTH, SECTION BY SECTION, AND IS PROPERLY BEFORE THE [BODY] FOR FINAL CONSIDERATION."
Almost without fail, there are no objections by any member of the body, and the bill sponsor begins debate. At the end of the debate, the bill is voted on, and either passed or defeated. Only in rare cases are the bills read, even in part, and those instances are generally limited to when one or more of the legislators is attempting to filibuster.
This begs the question... are any of the laws passed on bills which were not constitutionally sufficient actually valid or are the resulting laws void on their face? Further - how (and why) are legislators being allowed to falsify the journal?
Idaho Code 18-3201 and 18-3203 provide that any public officer who willingly falsifies any record kept as part of the official government records of the state of Idaho, or offers any false instrument to be filed in any public office is guilty of a felony, yet in open session, on virtually EVERY bill passed, this is EXACTLY what is occurring as the "Journal" is indeed a government record (Idaho Constitution, Article III, Section 13 - Idaho Code 509) maintained by the Idaho Secretary of State (Idaho Code 67-901 (2)). Are these legislators above the law?
The Fourteenth Amendment to the United States Constitution requires that citizens be granted Due Process of Law before being subjected to imprisonment or the taking of property and liberties. Failing to follow the state constitution when enacting state laws fails to meet the minimum standards of due process, and should nullify the laws as passed without proper foundation - that foundation being having been read in their entirety in the body from whence they were passed.
Because Idahoans may not be prosecuted for crimes except upon presentment of Indictment or Information (Idaho Constitution, Article I, Section 8), and such documents are REQUIRED to charge violations of VALID statutes, are the convictions of persons valid where the bills creating the criminal statutes were not constitutionally passed?
Anyone concerned about these issues should contact the Idaho Secretary of State via their website at www.sos.idaho.gov, or by phone at (208) 334-2300. Ask why the Secretary of State would certify any of these unconstitutional bills as law when they definitely will be challenged in the courts, costing taxpayers millions of dollars, and possibly the immediate release of thousands of prisoners due to the laws passed by the Idaho legislature being declared unconstitutional.
You can also contact the Legislative Services office at www.legislature.idaho.gov (208) 334-2475 for information on contacting your state representative or senator. Whether you are a voter or not, a political activist or a concerned citizen, these violations of YOUR constitutional rights - and those of your children and grandchildren - should be of a great concern to you.
DS