When Tyranny Exists It Is Due To Usurpation Of Power Without Accountability
By Tim Ravndal
Representative Scot Kerns from Great Falls is serving in House District 23 of the Montana Legislature. There has been a surge in legal action against pieces of legislation that are said to be in contravention of the Constitution. Education is under attack by an arm of government that espouses power without authority or accountability.
The legal challenges come from laws that have been passed that take power from different branches and levels of government and return that authority to the people of Montana. Claims of political bias is being made by Democratic operatives that are facing reductions in funding and unilateral authority according to many legislators like Mr. Kerns.
The legislature uses a process of creating new laws that vetted through multiple committees to achieve checks and balances on behalf of the governed. The Taxation Committee, Education Committee and the Local government committee is where Mr. Kerns currently serves the people of Montana.
Mr. Kerns provides the people of Montana with a response to the legal action against the Montana Legislature. In his response, Mr. Kerns opens his remarks with a quote that is summarily dismissed by many that do not adhere to the oath of office that they swear to.
“But when a longtrain of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
From The Declaration of Independence
Mr. Kerns echoed the long standing claim that: “These words charged a body of not being able to claim the absolute right and/or control of a people without over-site. “No taxation without representation.”
Education is the foundation of most all aspects of life in America. Mr. Kerns summarizes further by stating; “To claim sole power and authority for the public education of Montanans, is blatantly unconstitutional. This unconstitutionality is true even using the poorly written Montana Constitution.”
The United States Supreme Court provided clarity in Espinoza v. Montana Department of Revenue decision. In this and other supreme court cases the power and authority for the governed comes from the people. Looking at the Constitution, it is clearly stated: “Deriving their just power from the consent of the governed”
Article X, Section 1, (3) in the Constitution of Montana, it states “The legislature shall provide
a basic system of free quality public elementary and secondary schools. The legislature
may provide such other educational institutions, public libraries, and educational
programs as it deems desirable.”
The “Board of Public Education” regularly states their authority over education provides for the power to exercise general supervision over the public school system. What The process fails to point out is that the authority is limited to matters approved by the lawmakers of Montana. It is there where the authority is granted by the consent of the people.
Another player in the education control mechanism is the Montana Board of Regents. Equally the Montana University System is controlled by the Montana Board of Regents. This board has been given full power to supervise, coordinate, manage and control the Montana University System. Additionally according to record, they also supervise and coordinate other public educational institutions assigned to them by law from the Montana Legislature.
Again; “Assigned by law” appears to be tabled by the Montana Board of Regents as their authority continues to usurp power not delegated to them by the Montana Legislature according to Mr. Kerns.
” Time after time, lawsuit after lawsuit, the educational authority for our Montana Schools is taken away from the people and their representatives to be usurped by the boards that set themselves up as a 4th branch of government.” ~ This cannot be allowed to happen stated by Mr. Kerns.
The fear of lawsuits is a regular tactic used to control delegation of power. From city councils, county commissioners, fire & hospital districts often fail to take a stand in fear of being sued. Funding of education in Montana falls short when threats of legal action is on the table. Providing a quality system of education becomes hampered by the battle over funding.
Funding a quality education system in Montana becomes impracticable or perhaps even impossible according to teachers that struggle to make it happen. When the Constitution of Montana clearly provides for a delineation of authority and power but is ignored, it is the duty of the legislature to set the course straight on behalf of the people. The legislature as lawmakers, are ultimately those enabled to construct a “quality” system
of education as explained by Mr. Kerns
Mr. Kerns is asking why tuition costs were raised by the University System even after the Montana Legislature funded the wish list by the University System. Accountability comes into question as it is a fundamental bedrock of American government at all levels.
On another front Mr. Kerns points out that there is an accelerated effort on behalf of democrats to limit the authority of the citizens to keep and bear arms. Under Article II Section 12 of the Constitution of Montana it is clearly stated: “The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question,…”
The quest for unbridled authority over the people appears to be on steroids according to many citizens across Montana.
There is currently multiple plaintiffs that have joined together and are suing the Montana Legislature for taking away their power. In these times of social justice and other terms enhanced by socialism a quote from the past comes to bear true meaning once again. Mr. Kerns is pushing this quote of historic knowledge; “
“Power Tends To Corrupt, and Absolute Power Corrupts Absolutely.”
~ Warning From Lord Action ~
Editors Note: The article here is in regards to the press release provided by Mr. Kerns. Mr. Kerns is continuing to call for accountability on behalf of the people of Montana without hesitation. It is his hopes that transparency of the usurpation of power by those boards and officials can be brought into accountability. Not all of the content is presented in the format or context submitted to us by Mr. Kerns.
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