Parallel Original CONSTITUTION OF MAINE and
Statutory CONSTITUTION of the STATE OF MAINE
Compilation and annotation ©2004, David R. Deschesne. All Rights Reserved. This work may
be reproduced electronically or in print in its entirety with full attribution to the author.
A Constitution is a document which establishes the foundation for a governmental system to exist. It states its rules, by-laws, procedures and enumerates the rights the Citizenry have. A Constitution is open to amendment only under very strict guidelines. It may not be legally "revised" by any one person, group of people, or branch of government in any way other than that which it sets out in its amendment procedures.
In 1819, a committee of 33 delegates from the various Counties in Maine, headed by William King of Bath, assembled in order to draft a Constitution for the newly formed State of Maine (Columbia was considered as an alternate name for the new state in respect to Christopher Columbus). After the War Between the States (a.k.a. "Civil War") the CONSTITUTION OF MAINE underwent a change - strangely enough right in the middle of the Reconstruction Era.
According to a Legislative Resolve of February 24, 1875, which resulted in the people of Maine being tricked into allegedly adopting the 21st Amendment to their Constitution, John Appleton, the Chief Justice of the Maine Supreme Judicial Court, was appointed to compose a new arrangement of the Constitution - the CONSTITUTION of the STATE of MAINE - whose draft and arrangement was adopted by the legislature with a resolve in February 23, 1876.
It was this new "shadow" Constitution that has been presented to the people as their Supreme Law of the Land ever since 1876. With the creation of fictional entities with the 14th amendment to the U.S. Constitution, there needed to be a new "fictional" Constitution to govern them. Today, only non-existent juristic entities may run for and be elected to public office - the live-born human who is actually doing the work is not elected...his counterpart, or "straw man" is. The straw man is the all caps version of a human being's name. It is these fictional "straw men" that the CONSTITUTION of the STATE of MAINE is designed to govern.
Since the shadow Constitution was allowed, by amendment, to be codified in 1950, my thesis put forth is this:
A codified Constitution is not real, and has no force or effect because it is not written properly. A Constitution can only be re-written by a Constitutional Convention, not a BAR-certified judge. Constitutions must maintain their original wording with amendments appended, indicating which words are to be struck out and which words to be inserted. This leaves a “paper trail” which can be easily navigated through time. While Maine people do vote to amend a constitution, they are not amending the Constitution. I will attempt to prove the arbitrary nature of the CONSTITUTION of the STATE of MAINE by elucidating those amendments that were passed and not written in by the Chief Justice(s) and showing language that is currently extant, but has no authorizing amendment to support it.
This page will show the original CONSTITUTION OF MAINE, the codified CONSTITUTION of the STATE of MAINE, and provide links to the text of all amendments made to both Constitutions, the original prior to 1875 and the fictional version post 1875. A commentary will also be integrated into each Article and section in the future. Amendments and Commentaries will be continuously updated as further research is ongoing.
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