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January 14, 2008 at 08:06:56

South Carolina Elections Are UNCONSTITUTIONAL!?!

by Mark A. Adams JD/MBA     Page 1 of 10 page(s)

http://www.opednews.com

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South Carolina elections are unconstitutional? How could that be? Surely, no one in our government would conduct any election which violated the Constitution, and if any scheme threatened to undermine the very foundation of our government, our power to elect our leaders, the press would expose it, wouldn’t it?

After all, our government was founded upon the principle that all of its actions must comply with the Constitution. In fact, Article VI of the Constitution of South Carolina requires all of the State’s officers to swear an oath to "preserve, protect, and defend the Constitution of this State and of the United States." So, they would probably at least read it before enacting any new law, right?

Well, you would think so, but as most people now realize, far too many in power in our government believe that they are the law. I’ve had judges tell me that, but I’ll save judicial arrogance and lack of respect for the law and the facts for another day.

Of course, other government leaders may just think that if someone else in government has proposed something, then it must be Constitutional because of course, they would have checked that before proposing a new law or program. Besides, there is so much important work to do in the halls of government that there isn’t time to go reading everything and the Constitutions all of the time. After all, there are lunches, dinners, press conferences, and fundraisers to attend.

Whether it is because some think that they can ignore the law because they are above it or whether some don’t bother to read the law because they just assume that the one who proposed it did, a lack of respect for the law causes serious problems. John Locke said that without respect for the law, there is tyranny. We all understand that when the law is not applied equally, it is unfair, unjust. Obviously, when the Constitution is ignored, fundamental rights get trampled.

Our Founders understood that people would not devote time, effort, and resources to productive endeavors if the fruits of their labors could be taken from them at the whim of someone with power. They understood that any government which allowed its leaders to ignore the law, change the law at their whim, or trample fundamental rights harmed everyone and put everyone at risk. They risked their lives and fortunes in order to throw off the burdens of a government that could and did ignore their fundamental rights.

Our Founders understood that the people had the power to abolish any government which acted in a manner which harmed the public welfare, and they endeavored to give us a peaceful means of controlling our government. To prevent tyranny and the violence of oppressions and revolutions which flow from it, they designed a system of checks and balances which includes the three branches of government, the press, and the public through elections, the right to assemble, the right to freedom of speech, the right to petition for a redress of grievances both civil and criminal in nature, and through service on both trial juries and on grand juries.

In order to help guard against abuses of power, elections were required to be held on a regular basis. Of course, great care was taken to protect the power of the people to control their government through elections. Our Founders understood that without frequent and reliable elections, a government of and for the people would not endure for long. They understood tyranny, oppression, and revolution, and they wanted to protect their children and grand-children from such horrors.

They took care to make sure that our power to control our government through elections was protected from fraud and undue influence. They required that the polls be open to observers and that the ballots be collected, stored, and counted in public in order to minimize the chance that an election might be stolen. They understood the need to protect the integrity of elections long before Joseph Stalin said, "Those who cast the votes decide nothing. Those who count the votes decide everything."

So, how could it be that the government of the great State of South Carolina, one of the original States, would institute any system of elections which would violate fundamental principles? Wouldn’t the press raise an alarm if an election system was proposed which violated the Constitution?

The people wouldn’t stand for anything that would undermine their most fundamental right to control their government, or would they? If the vast majority of the people didn’t know what was going on because the press was controlled by a small cartel which chose to divert their attention away from changes which threatened to undermine their fundamental rights, would an alert minority be able to protect against erosion of our control over our government?

If very few people even understood our own history or studied our Constitutions because they were educated in a system which lacked any real competition, would an alert minority even exist? If so, would it be so small that it could not alert and educate the masses in time to protect our fundamental right to control our own government? Would it be able to overcome the beliefs, the assurances, and the illusion that our leaders are working to spread democracy, that we have an ability to control them, and that they are fighting for our votes?

Certainly, those people in our government are good, honest Americans, aren’t they? Those people on TV who bring us the news wouldn’t keep us in the dark, would they? Those people in the press have to search for news about movie stars and even bake sales. Certainly, they would want to tell us if someone were taking away our fundamental right to elect our leaders, wouldn’t they?

Well, for a very long time, I also thought so, and until Friday, January 11, 2008, at about 4:00 PM, I would have said that it was unlikely that the government of South Carolina would implement a plan to conduct its elections which blatantly violated its Constitution. I said unlikely because I have handled more election contests than any other attorney or former attorney that I know of, and I have first hand experience with proof that the official results of elections in Florida are false, as in not true. This means that these elections were most likely fixed, fraudulent, stolen. Of course, the votes were counted in secret.

Unfortunately, I know that for far too many judges who sit in our courts, the law and the facts mean nothing. The evidence we gathered meant nothing because the Florida state court dismissed the Congressional election contests saying it did not have jurisdiction even though a United States Supreme Court case said that a state court does have jurisdiction to entertain an action for a recount. I know that nine members of Congress who serve on the House Committee on Administration were willing to ignore the law and the facts in order to cover up for election fraud in Florida. I wonder if the voters in their districts know that they don’t care about respecting the will of the voters.

On Friday afternoon, I got a call from a concerned person in South Carolina. She told me that the upcoming Presidential primary would be conducted on touch screen voting machines and that she was worried that votes may not be counted accurately, or even worse, that votes may be stolen. That’s right, stolen. Many are worried about our elections being stolen. In fact, a Zogby poll from August of 2006 indicates that 92% of Americans are worried about our votes being counted in secret. The link is below.

 1  |  2  |  3  |  4  |  5  |  6  |  7  |  8  |  9  |  10

 

Take action -- click here to contact your local newspaper or congress people:
Stop Counting Our Votes in Secret!!! Restore Election Integrity with Hand Counted Paper Ballots Now!!!

Click here to see the most recent messages sent to congressional reps and local newspapers

Mark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department. Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to require his inclusion in the Gubernatorial debates. Mark also represented John Russell, Clint Curtis, Frank Gonzalez, and others in contesting the official results of the 2006 elections in Florida state court and before the U.S. House of Representatives. Mark has been involved in the judicial reform movement since 2003, the media reform movement since 2004, and the election reform movement since 2006. Before those years, he believed that judges followed the law, that our media told us the truth, and that our votes were counted. Beliefs that most of us once held and that many still hold on to. Unfortunately, Mark, like many of us, learned that these beliefs were no longer true. However, Mark believes that we can counteract the forces which have destroyed these institutions if we face reality and take action before it is too late. Mark asks that you please remember that the American dream will die and our children will suffer if the people do not know what their government leaders are doing, if the people are not able to vote ineffective or corrupt leaders out of office, or if judges can ignore the law and the facts with no repercussions!

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15 comments

Andi Novick
Northeast Citizens for Responsible Media
www.re-media.org

andi novickAndi Novick
Northeast Citizens for Responsible Media
www.re-media.org

UNCONSITUTIONALLY UNCOUNTED

This is an excellent piece.  We all know elections counted in secret is the essence of anti-american and can't possibly be consitutional, but Mark's given us the smoking gun of unconstitutional.  If the SC constitution says - no secret vote counting- what more could one want as proof that we've entered a very dark period in which time and time again the constitution is treated with the same respect as has been shown the Koran by some of our representatives in Iraq. 

andi

by andi novick (49 articles, 0 quicklinks, 0 diaries, 13 comments) on Monday, January 14, 2008 at 12:54:10 PM
 


Jim Freeman's op-ed pieces and commentaries have appeared in The New York Times, Chicago Tribune, International Herald-Tribune, CNN, The New York Review, The Jon Stewart Daily Show and a number of magazines.
Jim FreemanJim Freeman's op-ed pieces and commentaries have appeared in The New York Times, Chicago Tribune, International Herald-Tribune, CNN, The New York Review, The Jon Stewart Daily Show and a number of magazines.

While wondering why there are not comments on

such an explosive accusation, I waded through the 2 1/2 pages of side issues before getting to the crux of 'unconstitutional.'

Interesting stuff Mark, but take a lead from journalism and get to the point FIRST and then work backward to detail.

Not many are willing to search for the subject matter. 

by Jim Freeman (107 articles, 40 quicklinks, 150 diaries, 326 comments) on Monday, January 14, 2008 at 12:58:55 PM
 


Nobody special.
WatchingNobody special.

Nice try but not quite

http://www.scstatehouse.net/scconstitution/a01.htm

 

Here is Article I of the South Carolina constitution. Nowhere in it does it say votes must not be counted in secret.  

by Watching (0 articles, 1 quicklinks, 3 diaries, 307 comments) on Monday, January 14, 2008 at 3:13:48 PM
 


Nobody special.
WatchingNobody special.

I don't know why

but the message board made a broken link. Do not click on the word 'Here'. Click on the actual link.

by Watching (0 articles, 1 quicklinks, 3 diaries, 307 comments) on Monday, January 14, 2008 at 3:14:58 PM
 


Nobody special.
WatchingNobody special.

It broke the link, too

http://www.scstatehouse.net/scconstitution/a01.htm

by Watching (0 articles, 1 quicklinks, 3 diaries, 307 comments) on Monday, January 14, 2008 at 3:17:42 PM
 


 I like to watch. I am not a wage slave.
B York I like to watch. I am not a wage slave.

secret vote counting

 

Article II Section 1 says just exactly what the author of this post says it says.

Check it out 

by B York (0 articles, 0 quicklinks, 0 diaries, 76 comments) on Monday, January 14, 2008 at 3:29:20 PM
 


10 year Navy veteran,former Federal employee with various agencies,
Gallaher10 year Navy veteran,former Federal employee with various agencies,

I agree with Jim

You need to get to the point on at least the first page of a rant.

I had no idea as to your point, other than you believed something was unconstitutional but did not want us to know what was unconstitutional.

Sad to point out that the Republicans and Democrats don't even have to hold an "election" to pick who they want to run. It can be done in a smoke filled back room with large amounts of money changing hands. If you have joined a "party" you are the problem. Primary elections are not covered by the constitution, they are governed by the party.  Everyone knows that if you are not in a "party" you have no chance of winning or even being placed on a ballet so they join in with the corruption.

HA,HA, You really thought the public picked elected officials. They sure have you fooled.

by Gallaher (2 articles, 0 quicklinks, 2 diaries, 480 comments) on Monday, January 14, 2008 at 3:16:03 PM
 


 I like to watch. I am not a wage slave.
B York I like to watch. I am not a wage slave.

Secret vote counting

 

I didn't read the whole article, but enough to get the gist of it.

I live here in South Carolina. While I keep a copy of the U.S. Constitution close at hand, sad to say, I haven't read the S.C. Constitution in years and didn't notice or think about the secret vote counting clause.

I expect soon to hear the Republican attorney general render an opinion arguing that the plain language of the Constitution doesn't really mean what it means. In the alternative, I expect some prominent local pol to be offering an ammendment in favor of secret vote counting.

I can't wait to hear those arguments.

by B York (0 articles, 0 quicklinks, 0 diaries, 76 comments) on Monday, January 14, 2008 at 3:23:46 PM
 


Mark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department.

Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to re...

to see more of bio, click on member name

Mark AdamsMark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department.

Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to re...

to see more of bio, click on member name

What's the problem with America?

What’s the problem with America? A few are demonstrated clearly in these comments.

Jim correctly points out that one of the problems is the lack of attention span. It seems almost helpful. Get to the point, as in only one?

Watching then demonstrates a startling lack of attention by not only missing the link to Article II, Section 1, but also by missing Article II entirely when he looks at the South Carolina Constitution. By the way, Article II is titled "Right of Suffrage" as in voting. Naturally, it’s also listed right after Article I in the table of contents. Watching is not really that watchful.

Gallaher then demonstrates that he is apathetic as well as unable to understand that counting votes in secret violates Article II, Section 1, of South Carolina’s Constitution which states, "the ballots shall not be counted in secret." He says, "I had no idea as to your point, other than you believed something was unconstitutional but did not want us to know what was unconstitutional."

He also attacks my article as a rant and implies that I’m a fool for thinking that voters should have a say in electing our leaders. He seems to be just fine with some sort of feudal form of control by those in power. "HA, HA," (sic) he says to you fools who care about elections.

Did I raise any other points in my article other than that South Carolina’s election system violates its Constitution? Did anyone get the point I raised about lack of competition in our educational system? How about the point that people who want to take and hold power engage in misinformation? How about the harm which flows the lack of power to control our government?

It seems curious that Jim, Watching, and Gallaher would really want to take their time to be so helpful. Oh, that’s right. Their comments were not helpful. Instead, they served to undermine and distract from the points which I raised. What were those points? Read the article and see. Open your mind to what the masters of illusion and distraction don’t want you to know.

By the way, there is a great commentary on the Brad Blog today where Brad points out how laughable the attacks are which have been made on him for daring to point out that counting votes in secret is no way to run a democracy. It’s here http://www.bradblog.com/?p=5542 I must warn you though. He makes more than one point, and he favors democracy over the illusion of it.

by Mark Adams (10 articles, 0 quicklinks, 0 diaries, 73 comments) on Monday, January 14, 2008 at 5:24:43 PM
 


None
brantlNone

Factual article, but get over yourself

Jim said nothing but that basically if you want your article read, get to the point that your headline makes quicker. Nothing but constructive criticism there, bud. Gallaher basically says the same thing. If you want to make an impression, this slow-motion punch isn't going to get it. Period.

by brantl (0 articles, 0 quicklinks, 0 diaries, 23 comments) on Tuesday, January 15, 2008 at 2:53:38 PM
 


10 year Navy veteran,former Federal employee with various agencies,
Gallaher10 year Navy veteran,former Federal employee with various agencies,

I'm sure you were well meaning.

I'm  sure you are well meaning with your rant. The problem with your article is that it did not get to the point in the first or second paragraph. If you have not noticed there are thousands of articles written each day and not all can be read. Your title at least brought some interest for me to look closer at your allegation.

I have sat through many court cases where the person lost because they never got to the point. And reading this I understand why the courts demand a format for filling cases. You placed your argument before clearly stating the alleged constitutional problem.

The title of your article is "South Carolina Elections Are Unconstitutional" Then you don't say why you believe this until the second page. Rambling does not make your argument any more impressive or important. Get to the point. I don't want to feel like I'm reading an infomercial waiting for them to spill the grand price at the end only to think what a rip off.

Reading your article made me feel like I just wasted five minutes of my life that I could have been doing something, be it anything else. I'm not short of attention just short of patients. 90% of the time I only read the headline and the brief. I don't have the time or patients to hear everyone's problems with your government. They are far to vast and it would take hundreds of years to enumerate.

by Gallaher (2 articles, 0 quicklinks, 2 diaries, 480 comments) on Tuesday, January 15, 2008 at 1:36:45 PM
 


None
brantlNone

Gallaher and Freeman are right...

You took way too long to get to your point. Don't ever try to write flyers, Mark, you'll cause pedestrian traffic jams.

by brantl (0 articles, 0 quicklinks, 0 diaries, 23 comments) on Tuesday, January 15, 2008 at 2:46:29 PM
 


John is a family physician in a small Iowa rural community. He is happily married, the father of two children, and active in his Christian church. His hobbies include photography and tinkering with computers. His passions are philosophy, science, and the incredibly critical point in the space-time continuum that is Now.
John BoweryJohn is a family physician in a small Iowa rural community. He is happily married, the father of two children, and active in his Christian church. His hobbies include photography and tinkering with computers. His passions are philosophy, science, and the incredibly critical point in the space-time continuum that is Now.

Excellent point!

Although I have to agree with the criticism of your expository style, I think you have done a great service by discovering another serious flaw in our election system. Maybe you could write a summation that enumerates the main points with links to the full article? Thank you and keep up the good work defending our constitution!

by John Bowery (0 articles, 0 quicklinks, 0 diaries, 20 comments) on Wednesday, January 16, 2008 at 3:14:23 PM
 


Mark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department.

Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to re...

to see more of bio, click on member name

Mark AdamsMark A. Adams earned his BA in business administration with a major in finance and a minor in economics at the University of South Florida. He earned his law degree and his master of business administration at the University of Florida where he also worked as a teaching assistant in the Economics Department.

Mark practiced law in Florida. In 2006, Mark represented Max Linn, the Reform Party candidate for Governor of Florida, in successful lawsuits brought against the media to re...

to see more of bio, click on member name

Don't Miss This!

If you want to strike a real blow for election integrity, STEP INTO THE FRAY that I started in South Carolina. Help push for the legal action which could KILL SECRET VOTE COUNTING!!!

 

Read An Open Letter to Senator John Edwards: The Constitution Prohibits Secret Vote Counting! Will You Take Action? http://www.opednews.com/articles/genera_mark_a___080117_an_open_letter_to_se.htm

 

Article II, § 1 of the Constitution of South Carolina states, "the ballots shall not be counted in secret." Computers count inside their case, with no oversight, just like they are told to do, unless of course, they malfunction or are hacked.  Can you see a computer count?

 

This is the election integrity jackpot, a Constitutional provision prohibiting counting votes in secret! No more need to refer to case law, evidence, or logic to argue against secret vote counting, at least in South Carolina.

 

Let’s focus our attention and effort where it can really do some good!!! Also, we need help in Florida to catch them again!!! Join the effort that I started. We need leaders, and we need volunteers in order to make this too big to ignore! Check out PROJECT VOTE COUNT and spread the word like Paul Revere!!!

 

STEP INTO THE FRAY WHEN YOU CAN DO THE MOST to save our country, to protect our freedom, to protect our right to elect our leaders, and to protect the future of our children and grandchildren! PLEASE HELP KEEP THE LIGHT OF LIBERTY BURNING! GO TO http://www.votecount2008.org/ and JOIN NOW!

by Mark Adams (10 articles, 0 quicklinks, 0 diaries, 73 comments) on Friday, January 18, 2008 at 3:11:23 PM
 

 

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