Jan 24, 2013 - Frank Smith, Wyoming Constitution Party, CheyenneEditor:
This bill, Senate File 104, is clearly a personal attack upon the State Superintendent of Public Instruction at the expense of the Wyoming Constitution and principles stated in Article 1, Section 1: "All power is inherent in the people, and all free governments are founded on their authority ... "
Article 7, Section 14 clearly states, "The general supervision of the public schools shall be entrusted to the state superintendent of public instruction, whose powers and duties shall be prescribed by law."
Article 4, Section 11 holds that the superintendent be elected by the people of the state.
A mere legislative act to change the office of superintendent from an elective office to an appointive one is, ipso facto, prima facie, an illegal and unconstitutional act of persons lawfully sworn to "support, obey and defend the constitution of the United States, and the constitution of this state" (Article 6, Section 20).
Those who will have "violated said oath or affirmation, shall be guilty of perjury, and be forever disqualified from holding any office of trust or profit within this state." (Article 6, Section 21, emphasis added.)
If the current superintendent needs to be removed, that mechanism is contained in Article 3 Section 19: " ... all officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office as provided by law."
Thus, the Wyoming Constitution provides a remedy for whatever problem is current in the Superintendent of Public Instruction.
To approach the problem by a legislative act, not a proposed amendment to the Constitution will be a pretended act of legislation, unconstitutional, and voting for such will be a violation of the oath of office each legislator took, leading to a conviction of perjury and a removal for all times from any office in the state of Wyoming.
Which, ultimately for the sake of the citizens, would be a very good thing. For if our legislators do not understand the Constitution they took an oath to preserve, uphold and defend, they don't deserve to hold any office in our State.
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