Send a Tweet
Most Popular Choices
Share on Facebook Share on Twitter Share on LinkedIn Share on Reddit Tell A Friend Printer Friendly Page Save As Favorite View Favorites
OpEdNews Op Eds

An Election Challenge Part III

By       Message Eliot Gould       (Page 1 of 8 pages)     Permalink    (# of views)   No comments

Related Topic(s): ; ; ; ; ; ; ; ; ; ; (more...) ; ; ; ; ; , Add Tags  (less...)
Add to My Group(s)

View Ratings | Rate It

Author 4701
- Advertisement -

Part III

In Part I there was presented an "-atmosphere and background' supportive that the election code and practices of administration of elections which provide undue restrictions upon candidates , with processes unchallenged, and thus maintained.

In Part II, there is a specific set circumstances leading to "removal from the Primary ballots"- of one candidacy by means and methods that not only removes the candidate's name from the ballot but prohibits him from registering, under separate party or unaffiliated, and further participation in the General election to be held on November 7, 2008.


- Advertisement -

In Part III, the Petitioners are not asking the Court to "interpret state law"- but to apply the same measure of facts that created controversy that resulted in the removal of the "name from ballots"- as not compatible and acceptable under the Equal protection clause, prohibited by the limitations of the reserved rights upon the States, and contrary to the fundamental due process right of judicial review..


In the United States there exist concurrent powers. These are powers held by both the states and the federal government. These powers also have limitations and restrictions under the Constitution.The powers may be exercised simultaneously within the same territory and in relation to the same body of citizens. This is contrasted with delegated and reserve powers. Some of the concurrent powers enjoyed by both the federal and state governments are: the power to tax, make roads, protect the environment, create lower courts and borrow money.

- Advertisement -


The foundation of the states' concurrent powers is a trusim: the Tenth Amendment to the United States:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Amendment X, United States Constitution

The rights granted to the States are no more than a showing of a relationship between

a national government in a declaratory manner allaying fears against a centralized tyranny. By inclusion in the Constitution, it offered no more nor any less than the states exercise those powers fully, but not in any prohibition.

- Advertisement -

" The States' core police powers have always included authority to define criminal law and to protect the health, safety, and welfare of their citizens." Raich v. Gonzales, Opinion of Justice OConnor in dissent, joined by Chief Justice Rehnquist and Justice Thomas.

This delicate relationship between the federal and state governments, and the judicial branches thereof, are basic to our system of Federalism. And there is strong interest to ensure that the rights of the States, as individual states with the traditional autonomy to administer elections for the Federal and state offices free to interpret state laws

governing elections, and maintaining the core functions for the general welfare and peace without interference by the federal courts.

Next Page  1  |  2  |  3  |  4  |  5  |  6  |  7  |  8


- Advertisement -

View Ratings | Rate It

Eliot Gould , 52, is currently active in New Mexico's political scene. A native of Chicago,and active in Chicago politics,Gould studied the Presidency at Center for the Study of the Presidency, with extensive writings upon Lincoln and Wilson.

Share on Google Plus Submit to Twitter Add this Page to Facebook! Share on LinkedIn Pin It! Add this Page to Fark! Submit to Reddit Submit to Stumble Upon Share Author on Social Media   Go To Commenting

The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Writers Guidelines

Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
- Advertisement -

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Changes in the Credit cards---records will be lost

Canadian Fort Simpson Band Woman Caught Up Inside Flawed Judicial Machinery of New Mexico

New Mexico Medical Marijuana Act

Part One of Election Code Challenge

Bullying prosecutorial Tactics on Navajo Accused of Battery Met with "MOTIONS"

China Must address Darfur