Deception and the Constitutional Oath of Public Office

When asked about their "Duty of Care" in regards to their work or their "legal" responsibilities and opinions in relation to the U.S. or Montana Constitution, most politicians or lawyers, will try to convince you that it is what they call an "ordinary" duty of care. But don't you be fooled by this mis-statement and these people not taking full responsibility for their oaths of office. It is up to each and everyone of us, to confront them with their duties and responsibilities.

First, let's look at the definition of ordinary ...

ordinary adj. regular, customary and continuing, and not unusual or extraordinary, as in ordinary expense, ordinary handling, ordinary risks, or ordinary skill. According to established order; methodical; settled; regular. ``The ordinary forms of law.'' --Addison.

Second, let's look at our elected and legal department's Oath of Office (which does NOT include their Rules of Professional Conduct). In Montana's Constitution, their Oath is “I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God)."

Third, approach your representative and ask, "what does your Oath to support, protect and defend the Constitution of (your state) mean to you?" If their answer is anything other than an extra-ordinary duty of care, i.e. actively championing and guarding our Constitution(s) and keeping it safe from attack or harm, then you need to choose different Representatives and/or their (your) employees.
From The People's Law Dictionary:
To support: To argue in favor of; advocate; champion;
To protect: To keep from being damaged, attacked, stolen, or injured; guard;
T0 defend: To make or keep safe from danger, attack, or harm.

Fourth, keep informed, ask pertinent questions, keep a record of all communications, watch who lobbies them, gives them "campaign" money, be ever watchful of their actions, they speak so much louder than their words. And remember to be ever vigilant and act.

As always, I'd like to encourage your comments about this important topic.

Rick Gold
Missoula, MT

Violation of our Right to Privacy, Missoula, MT

A couple of weekends ago, a quiet artist friend, John R., decided after I had encouraged him, to "try" tabling (selling his art) on the streets on Missoula. He was very reticent and nervous, so, he set up his table next to ours on the corner of Broadway and Higgins. After a couple of hours and a few conversations, John and I were approached by Lori, a downtown ambassador with the Missoula Business Improvement District. She asked to see John's Business license and i said that he was tabling with us and checking out tabling. She said that since he had his own table, he was required to get his own business license.
Accordingly, last week, John went online, downloaded and filled out the ITINERATE VENDOR BUSINESS LICENSE APPLICATION, then went down to the Missoula City Recorder's Office to pay his $72.00 business license tax. After he got to the City Recorders and handed in his application and tax, the clerk told him that he would have to pay an additional $42.00 for a background check.
An excerpt from the "How to Apply for a Business License" page of the City Recorder's office:
"Mobile/Street Vendor: A mobile or Itinerate Vendor is anyone soliciting or providing goods and/or services in the City of Missoula out of a temporary location. All mobile vendors must pass a background check and route the application before they can set up for business. " http://www.ci.missoula.mt.us/index.aspx?nid=810
Webster's Online Dictionary defines Itinerate as "to travel a preaching or judicial circuit."
John immediately asked the clerk, don't I have "The Right to Privacy" and isn't a background check, an invasion of my privacy and therefore, a violation of Montana's Constitution?
Article ll - Section 10: Right of privacy. "The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest."
The Clerk said she didn't know, that he would have to go talk to the police! But exactly, who with the Missoula Police Department is a Montana legal Constitutional scholar, she didn't elaborate.
He then asked her, what if anything in this background check would prevent him from getting a Itinerate Vendor Business License, again the clerk said she didn't know that he must talk to the Police! So, he left without getting his license.
First, all Missoula City personnel and elected officials, are paid by The People of Missoula. They work for US. Each and every one of US.
Second, who at the Missoula Police Department is the Montana Legal Constitutional Scholar, besides each and every policeman's duty to the Montana Constitution? Before City Councilors, the Mayor or the Police assume office, (including their "Rules of Professional Conduct") they must swear the following oath of office: “I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God).”
Third, who set up this invasion of privacy and where were/are our City Council or any of Our City Legal Department, who have ALL sworn these oaths of office to Our Constitution?
Fourth, How many good business people in Missoula have had to endure this unwarranted invasion of their privacy? Is it possible, that, because of the inaction of Our City Councilors and City Legal Department and the continuing mockery of the Missoula City Clerk's business license process, the people of the City of Missoula, now face, a class action by harmed business and other people?
Finally, how many other, little violations, of Our Montana Constitution, have our City Council and our City Legal Department, ignored and who is responsible, within all these great minds to check the Constitutional validity?

As always, I'd like to encourage your comments about this important topic. Please feel free to ask your City Councilor or Your City Attorney ...

thanks,
Rick Gold
Missoula, MT