Carver OPEN MEETINGs unconstitutional
Posted in the Carver Forum
#1 Aug 26, 2010
Carver forces people to submit questions 10 days ahead of time!!!!
Mass. Open Meeting laws are unconstitutional!
The Mass. Body of Liberties of 1641 - Art. 12, says that anyone can address a public meeting.
MGL c.39, s. 23C says that citizens have no RIGHT to address a public meeting, only an allowed privilege to do so.
Which law is "LAW"?????
What does the Mass. SJC say about citizens rights?
MGL Chapter 39: Section 23C. Regulation of participation by public in open meetings
Section 23C. No person shall address a public meeting of a governmental body without permission of the presiding officer at such meeting, and all persons shall, at the request of such presiding officer, be silent. If, after warning from the presiding officer, a person persists in disorderly behavior, said officer may order him to withdraw from the meeting, and, if he does not withdraw, may order a constable or any other person to remove him and confine him in some convenient place until the meeting is adjourned.
THE LIBERTIES OF THE MASSACHUSETS COLLONIE IN NEW ENGLAND, 1641.
The free fruition of such liberties Immunities and priveledges as humanitie, Civilitie, and Christianitie call for as due to every man in his place and proportion without impeachment and Infringement hath ever bene and ever will be the tranquillitie and Stabilitie of Churches and Commonwealths. And the deniall or deprivall thereof, the disturbance if not the ruine of both.
We hould it therefore our dutie and safetie whilst we are about the further establishing of this Government to collect and expresse all such freedomes as for present we foresee may concerne us, and our posteritie after us, And to ratify them with our sollemne consent.
Wee doe therefore this day religiously and unanimously decree and confirme these following Rites, liberties and priveledges concerneing our Churches, and Civill State to be respectively impartiallie and inviolably enjoyed and observed throughout our Jurisdiction for ever.
12. Every man whether Inhabitant or fforreiner, free or not free shall have libertie to come to any publique Court, Councel, or Towne meeting, and either by speech or writeing to move any lawfull, seasonable, and materiall question, or to present any necessary motion, complaint, petition, Bill or information, whereof that meeting hath proper cognizance, so it be done in convenient time, due order, and respective manner.
We admit the paramount force of a direct provision in the constitution or declaration of rights; they are the laws by which the legislature itself is bound, and by which all acts are to be judged and construed.
And we hold, that not only this tribunal, but that every magistrate is bound to enforce the constitution, if any of its principles should be violated. Neither will any course of years or legislative acts or judicial decisions sanction any apparent violation of the fundamental law clearly expressed, or necessarily understood.@ 557
COMMONWEALTH Vs PARKER, 19 MASS 550, 557 (1824)
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