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Saturday, June 20, 2015

Op/Ed: Governor Nikki Haley Can Take Down South Carolina's Confederate Flag


Photo Credit - Daily Kos

Independent Underground News & Talk Op/Ed

By Monica RW - Editor & Chief of IU News & Talk

How can South Carolina's Governor Nikki Haley remove the State's Symbol of Hate, the Confederate Flag from its' Capitol Grounds immediately? By Issuing an Executive Order. 

Any Governor in America's 50 States has the Right to Issue an Executive Order, regardless to what the state law says. In fact, in clear defiance of South Carolina's Complied State Laws to be exact. 
"Executive orders as issued by the governor are not laws, but do have the same binding nature. Executive orders are usually based on existing constitutional or statutory powers of the Governor and do not require any action by the state legislature to take effect. 
Executive orders are numbered sequentially for a calendar year and may address agency closings due to inclement weather, may call the legislature into special session, may address county or city officials who have violated their elected positions."
http://dc.statelibrary.sc.gov/handle/10827/22
Furthermore, Section 15, Article VI - Executive Department of the South Carolina Constitution States: 
SECTION 15. Faithful execution of laws. 
The Governor shall take care that the laws be faithfully executed. To this end, the Attorney General shall assist and represent the Governor, but such power shall not be construed to authorize any action or proceeding against the General Assembly or the Supreme Court. (1972 (57) 3171; 1973 (58) 48.)
http://www.scstatehouse.gov/scconstitution/a04.php 
The key term here is "Take Care". That does not mean the Executive Authority in South Carolina must COMPLY. That is a different word all together. 

Now let's review what the South Carolina Constitution says about Executive Orders: 

It does not say anything in the exact words of "Executive Order"

Instead, what the South Carolina Constitution does say is the following in Section 1, Article VI - Chief Magistrate: 
SECTION 1. Chief Magistrate.
The supreme executive authority of this State shall be vested in a Chief Magistrate, who shall be styled "The Governor of the State of South Carolina." (1972 (57) 3171; 1973 (58) 48.)
http://www.scstatehouse.gov/scconstitution/a04.php
What is a Chief Magistrate? 
"The head of the executive department of government of a nation, state, or municipal corporation. Mclntire v. Ward. 3 Yeates (Pa.) 424."
http://thelawdictionary.org/chief-magistrate/
Nikki Haley has issued 86 Executive Orders in her Duty as Chief Magistrate of the State of South Carolina since 2011. Nikki Haley has the authority needed, necessary and required to order a removal of South Carolina's Confederate Flag, in light of the Tragic Deaths of Nine Emanuel African Episodical Methodist deaths by the Hands of Domestic "Hate Crime" Terrorist Dylann Roof on Wednesday, June 17, 2015. 




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