Can Don Pridemore Legally Hold Elected Office?

November 29, 2012 by WCMC

Don Pridemore, recently reelected to the Wisconsin Assembly, announced that he is a candidate for State Superintendent of Public Instruction.

Pridemore and five other members of the Wisconsin Legislature recently have called for the the state of Wisconsin to nullify the Federal Affordable Health Care Act, and for Wisconsin police to arrest Federal authorities attempting to implement the Act.

Photo courtesy Whitney Steffen.

Dear Legislative Leaders,

Six current members of the Wisconsin Legislature recently have stated that they would:

“…support legislation to nullify ObamaCare and authorize state and local law enforcement to arrest federal officials attempting to implement the unconstitutional health care scheme known as ObamaCare.”

These six members are: Sen. Mary Lazich, Rep. Chris Kapenga, Rep. Don Pridemore, Rep. Erik Severson, Rep. Tom Larson, and Rep. Scott Krug.

In making this statement, these legislators have disqualified themselves from holding public office. Under the US Constitution they cannot legally be seated in the Wisconsin Legislature.

I am writing to request that the Constitution be obeyed and that Mary Lazich, Chris Kapenga, Don Pridemore, Erik Severson, Tom Larson, and Scott Krug not be sworn in as legislators for the upcoming legislative session.

Section 3 of the 14th Amendment to the US Constitution states:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.”

Given that:

1. The Affordable Health Care Act (“ObamaCare”) is a Federal Law;

2. Authority to determine the constitutionality of a Federal law rests solely with the Federal Courts;

3. The Affordable Health Care Act has been judged to be Constitutional by the United States Supreme court and thus its constitutionality cannot be disputed;

4. Long judicial history clearly has established the states do not have the right to nullify Federal law;

5. There have been no Federal Court decisions limiting the application of Section 3 of the 14th Amendment to its original Confederate targets, nor is there any reason to suppose that Section 3 was intended to apply only to former Confederate conspirators, and not to similar conspirators in the future;

6. All of the preceding points were established before, and were well known to, the six legislators made their statement;

It follows that in making a statement that calls for the use of armed force (police) to interfere with Federal agents engaged in Constitutional duties, the six legislators have knowingly declared their intention to use their power as legislators to engage in a rebellion against the United States Constitution, giving aid and comfort to the enemies of the Constitution, and that the disability imposed by Section 3 of the 14th Amendment clearly applies to them. Unless this disability is removed by an Act of Congress, these persons cannot legally serve in the Wisconsin Legislature.

Moreover, if Mary Lazich, Chris Kapenga, Don Pridemore, Erik Severson, Tom Larson, and Scott Krug are seated in the Wisconsin Legislature, in violation of the US Constitution, the entire Wisconsin Legislature will fall under the disability imposed by Section 3 of the 14th Amendment, calling into question the legality of any laws this Legislature enacts.

Section 3 of the 14th Amendment would apply to the three newly elected legislators who also announced their intention to support unconstitutional legislation only if they previously have sworn an oath to uphold the US Constitution. This matter should be investigated by the Wisconsin Legislature in order to determine if these persons are qualified to serve in the Legislature.

Thank you,

J. S.