Tuesday, September 1, 2009

An open letter to Massachusetts Attorney General Martha Coakley

Ms. Coakley, what does one need to do to lodge a complaint against the legislature and/or the Governor of the Commonwealth of Massachusetts for pursuing a course of action that is illegal, unconstitutional, and unconscionable? I am watching as the movement for Governor Patrick to name a replacement by edict grows on Beacon Hill amongst the alleged Representatives of the citizens of Massachusetts. I was expecting someone from your office long ago to step forward and inform the assembled mob of angry lawmakers that their desire to protect a national filibuster-proof majority in Washington and to forward President Obama’s agenda is not the business of the Commonwealth.

Articles IV and V of the Massachusetts Constitution, and the 10th Amendment of the U.S. Constitution state clearly that a)we are a sovereign state and b)that it is the job of our state legislators to protect our commonwealth, and our interests, not one political party or another’s;
Article IV. The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter, be by them expressly delegated to the United States of America in Congress assembled.

Article V. All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.

The 10th Amendment;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.


This being the case, why are a bunch of Senators and Congressmen from outside of our state – hiding behind the thin veil of Ted Kennedy’s name – pressuring our lawmakers to violate our constitution, to represent the needs in Washington above the needs of Massachusetts? Harry Reid is concerned about our Senatorial appointment? I just spent 3 months in Reno on active duty with the Massachusetts National Guard, and he is under fire back home because he has become such a stooge of the Democrat Party that he is scarcely even still considered a Nevadan. And he wants to tell the people of the Commonwealth of Massachusetts how to select our Senator? Why also are our lawmakers and Governor Patrick so eager to comply with those wishes? No, forget Patrick, he is a Chicago carpetbagger, his presence here is a monument to Massachusetts electoral naïveté and a testament to Barrack Obama’s charmed political existence. Who else would be so lucky to have a personal pawn of his own in a pivotal position to name the last vote he needs to rig his healthcare bill vote? Forget the Governor, he was in the bag long ago, and will soon be off to Washington with his book deals and details, no longer our problem.

But what of the Legislature? I risk and invite the prospect of State IRS audit like Joe the Plumber in Ohio, having my National Guard packets smeared by digital brownshirts, and the possibility of limitless other bureaucratic wrath that this monolithic state can and does daily visit upon it’s citizens being called down upon me by asking this question, by sending a copy of this to every legislator that touches every part of my life. I accept that risk, these are questions that need asking, and I’ll be the target if need be by asking them. What about the Legislature? Are they so far gone now, sucked into the blind partisan zeal that defined Ted Kennedy above all else, that they can be beckoned to from the deathbed, appealed to as fellow partisans to protect Party over People? Do they not even feel the need to pretend to care about the citizens of the Commonwealth anymore? Does the following ring a bell to any members on the Hill any longer?

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

Does the Massachusetts Legislature so quickly scorn the will of the people? If so, then Massachusetts will stand as a cautionary tale of the hegemony of the Democratic Party in America, a clear sign that absolute power does corrupt absolutely. And, most of the Legislature will be out in the cold, cruel private sector next election, because even the naïve, union beholden, reliable Democrat voters of Massachusetts can see through this one. The Legislature of the Commonwealth of Massachusetts is prepared to violate the will of the people, the exo post facto clause(Section 10, Clause 1, Article 1) of the U.S. Constitution prohibiting retroactive changes to “the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law”? And they are prepared to violate the 10th Amendment to the U.S. Constitution, and Articles IV and V of the Massachusetts Constitution for the whimsy of a failing President? And the Attorney General is prepared to sit by idly and watch them?

Well, this is still America, and we the people will have our day in court, and our day at the polls. So again, my question to you Ms. Coakley, is to whom should I address these concerns if you will not address them? I was under the impression that “The Attorney General is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. As such, she represents the Commonwealth in many matters in which the Commonwealth is a party.” I got that impression from your web site. And frankly, I would think that a person in such stated position would require no urgings from a private citizen to step in and inform the wayward lawmakers(lawbreakers) if the illegality of their stated intended actions. But this not being the case, please assist me in the procedural requirements to move this complaint forward.

And please, do not answer that the path to recourse lies through my Representative – Ed Markey only represents Democrats, and duly does not respond to any of my correspondence. Also, please inform me (or direct your staffers to do so) where I need to go next if your office decides the best course of action is to broom this complaint and stiff arm me; I was a Squad Leader overseas, and as such I was required to sometimes give people answers they did not care for. Possessing integrity, I always informed my subordinates during these times of their rights and avenues up the chain of command to pursue just treatment and satisfactory redress of complaints as needed. If the Army can afford such luxuries, I would like to think the Massachusetts system of government still can.

And yes, I am a private citizen on my own time, on my own dime, and I just took 2 hours out of my busy schedule on a work night when I’d rather be reading a book or watching TV with my wife to write this out, do not think I take your (in)actions or mine lightly.

Thank you.
Nick McNulty
Medford MA

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