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Re: fastlizzy post# 138968

Tuesday, 05/03/2011 9:18:46 PM

Tuesday, May 03, 2011 9:18:46 PM

Post# of 481562
BREAKING: Benton Harbor City Comm. declares EFM takeover unconstitutional + more recalls!

Yesterday, by a vote of 6 to 2, the Benton Harbor City Commission and Mayor declared the appointment of Joseph Harris as the Emergency Financial Manager and his subsequent stripping of the Commission's ability to govern the City unconstitutional.

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article I §1, which states that all political power is inherent in the people and that government is instituted for their equal benefit, security and protection.

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article I §3, which allows the citizens of Benton Harbor the right to petition the government for redress of grievances.

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article VII §22, which affords Benton Harbor citizens the the power and authority to frame, adopt and amend its charter, and to amend an existing charter of the city or village heretofore granted or enacted by the legislature for the government of the city or village. Each such city and village shall have power to adopt resolutions and ordinances relating to its municipal concerns, property and government, subject to the constitution and law.

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article VII §34, which states that the provisions of this constitution and law concerning counties, townships, cities and villages shall be liberally construed in their favor.

Whereas, The City of Benton Harbor declares the appointment of an Emergency Manager a violation of Article IX §2, which provides the citizens of Benton Harbor the right of taxation with representation.

Resolved, The appointment of an Emergency Manager is in direct violation of the Michigan Constitution and therefore demands the removal of said Emergency Manager immediately.

Resolved, That the Benton Harbor City Commission is hereby directed to forward copies of this resolution to Governor Rick Snyder, State Senate Majority Leader Randy Richardville, Speaker of the House Jase Bolger, State Senator John Proos, and State Representative Al Pscholka.

Heartland Revolution released the following press release:

FOR IMMEDIATE RELEASE:

Contact:
Joe Palmer
Heartland Revolution
859-652-3712
heartlandrevolution@gmail.com
www.heartlandrevolution.com

Heartland Revolution Applauds Benton Harbor’s Declaration That Emergency Manager is Unconstitutional

Benton Harbor, Michigan- Last night in an act of patriotic defiance the Benton Harbor City Council declared the takeover of their city by an emergency manager unconstitutional. Heartland Revolution Executive Director John Waltz who stood in solidarity with the city last week had this to say.

“This is the first step in many to restore democracy in Benton Harbor and I am proud of the action their elected officials took last night. Our nation’s Declaration of Independence clearly states our government is instituted by the people and clearly this right has been violated. Thus it is the duty of the citizens to bring an end to the unconstitutional takeover of Benton Harbor.
http://www.dailykos.com/story/2011/05/03/972631/-BREAKING:-Benton-Harbor-City-Comm-declares-EFM-takeover-unconstitutional-+-more-recalls!

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