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Old 12-06-2014, 01:17 PM
 
41,815 posts, read 50,920,524 times
Reputation: 17863

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Quote:
https://www.post-gazette.com/news/st...s/201412050163

Bruce Ledewitz, an expert on the Pennsylvania Constitution at the Duquesne University School of Law, said he understood Ms. Kane’s decision in 2013 that she would not defend a state law restricting marriage to the union of a man and a woman. Ms. Kane said at the time that she believed the marriage law to be unconstitutional. A federal judge later agreed.
Kane has failed to carry out the duties of the office she was elected too twice for political motives. Above all other offices in this state if there is one that needs to be apolitical it's the AG. She has basically admitted not once but twice she is unable to do that. She is unfit for that office and proceedings to remove her should begin immediately.

Quote:
http://www.legis.state.pa.us/WU01/LI...80/0/0164..PDF
(3) It shall be the duty of the Attorney General to
uphold and defend the constitutionality of all statutes so
as to prevent their suspension or abrogation in the absence
of a controlling decision by a court of competent
jurisdiction.
Quote:
The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.

-Pennsylvanian Constitution
Ambiguity score = 0

Last edited by toobusytoday; 12-06-2014 at 01:44 PM.. Reason: for quotes please do not quote more than 3 sentences.
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Old 12-08-2014, 08:38 PM
 
Location: Pittsburgh, PA
6,327 posts, read 9,125,009 times
Reputation: 4048
I believe state law also says the attorney general and the right and discretion to decide to not defend certain laws if the person so chooses which she legally did and allowed the governor to defend it himself. You're just mad the unconstitutional law was struck down.
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Old 12-08-2014, 08:39 PM
 
9,846 posts, read 22,630,572 times
Reputation: 7738
Time to impeach her and toss her bum out on the street.

The job of the AG is to enforce the law not make law or pick and choose laws. If her own personal politics don't permit her to do her job, then she needs to be fired just like any other similar person.
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Old 12-09-2014, 12:03 AM
 
41,815 posts, read 50,920,524 times
Reputation: 17863
Quote:
Originally Posted by bradjl2009 View Post
I believe state law also says the attorney general and the right and discretion to decide to not defend certain laws if the person so chooses which she legally did and allowed the governor to defend it himself.
No, there is a very narrow window that allows the AG to decline and "I don't like the law" is not one of the reasons. It's not her job to decide what the law is, whether it's constitutional etc. That's for the courts to decide. Her job is to uphold and defend the law whatever it may be. The first time she got a pass because let's face it it was DOA anyway. This is a completely different situation.

Quote:
You're just mad the unconstitutional law was struck down.
You'd be completely wrong. My opinion would be marriage should not be legally recognized for anyone however if it is legally recognized it should be recognized for everyone.

I want our officials to do their jobs, this is just another political stunt.
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Old 12-09-2014, 08:47 AM
 
41,815 posts, read 50,920,524 times
Reputation: 17863
Quote:
Originally Posted by bradjl2009 View Post
You're just mad the unconstitutional law was struck down.
I see where your confusion is arising, the quoted news article in my original post had the relevant content to this topic deleted. This isn't about the gay marriage law.


Kane won't defend controversial gun law
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Old 12-09-2014, 09:15 AM
 
Location: Boston Metrowest (via the Philly area)
7,264 posts, read 10,544,071 times
Reputation: 8812
Quote:
Originally Posted by bradjl2009 View Post
I believe state law also says the attorney general and the right and discretion to decide to not defend certain laws if the person so chooses which she legally did and allowed the governor to defend it himself. You're just mad the unconstitutional law was struck down.
Exactly. It is completely within the bounds of an AG's authority to do what Kane has done.

It's amazing how selectively people criticize our legal process when they do not support the outcome. I'm sure if Kane was a Republican refusing to defend a law that restricted gun rights, there'd be a different tune.
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Old 12-09-2014, 09:35 AM
 
Location: Boston Metrowest (via the Philly area)
7,264 posts, read 10,544,071 times
Reputation: 8812
Quote:
Originally Posted by thecoalman View Post
Ambiguity score = 0
Do explain--how does not supporting a law that allows the NRA to bring a lawsuit against a municipality prevent you from bearing arms, again?

This has literally nothing to do with challenging the Second Amendment.
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Old 12-09-2014, 10:50 AM
 
41,815 posts, read 50,920,524 times
Reputation: 17863
Quote:
Originally Posted by Duderino View Post
Exactly. It is completely within the bounds of an AG's authority to do what Kane has done.
No it is not, "I don't like this law" is not an excuse. She may defer for reason of efficiency or to serve the better interests of the state. If the better interests of the state are her not defending this law she is admitting she unable to perform the duties she was elected to do because she can't set aside her own political bias. If she is unable to do it for this law then certainly it would apply to all other laws.
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Old 12-09-2014, 11:04 AM
 
41,815 posts, read 50,920,524 times
Reputation: 17863
Quote:
Originally Posted by Duderino View Post
Do explain--how does not supporting a law that allows the NRA to bring a lawsuit against a municipality prevent you from bearing arms, again?
For the same reason the ACLU can. The laws of any municipality cannot infringe upon your rights.

Quote:
This has literally nothing to do with challenging the Second Amendment.
The Second amendment is really irrelevant because the PA constitution predates it and has absolutely no ambiguous meaning. It's the stronger of the two and as such takes precedent. A Sate Constitution can increase your rights, it can't take them away. Along the same lines municipal law cannot infringe on those rights. This was enacted in 1790, the original text enacted in 1776 is almost identical.
Quote:
The right of the citizens to bear arms in defence of themselves and the State shall not be questioned.

-Pennsylvanian Constitution
What this law does is set the stage for laws to be challenged in court where communities have laws that may infringe upon the rights granted to you under the State Constitution. They will either stand or fail.
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