Nevada’s Governor Brian Sandoval, a Study in Constitutional Contradictions?

Feb. 27, 2012 - PRLog -- A public letter to, Brian Sandoval, Nevada’s first Latino Governor, a history of government employment, Republican and self-proclaimed supporter of both the United States and the Nevada Constitutions.

Dear Governor Sandoval,

It is now appearing, that you are retreating from your Constitutional platform that you ran on during your election campaign for the Office of Governor.

To refresh your memory:

During your campaign, you made the following statements which are still available on your campaign website:

“I have a profound respect for the United States Constitution and believe it should be strictly interpreted.” He was appointed as a United States District Judge for the District of Nevada by President George W. Bush in October 2005.” [1]

In regard to public corruption, you created the unit that prosecutes corrupt officials, as noted in the following quote:

“Elected officials must actively work to protect the trust placed in us by citizens. As Attorney General, I set up the first public integrity unit to investigate and prosecute officials who violated the public trust and I am committed to restoring honesty and integrity to state government.” [1]

“The Nevada Constitution is clear: As a result, the Governor filed a suit asking the Nevada Supreme Court to order the legislature to comply with the Nevada Constitution.”” [1]

Nevada Constitution:

18. Sec. Unreasonable seizure and search; issuance of warrants. The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by Oath or Affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized.

United States Constitution:

Fourth Amendment. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court ruled that a party is considered to have been searched, for Fourth Amendment purposes, if that party had a "reasonable expectation of privacy".

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On January 3, 2011, when you voluntarily repeated the oath as required by NRS 282.020 (which you have done numerous times before) you again reassured the residents of Nevada of your commitment to uphold the Constitution :

“NRS 282.020  Form of official oath.  Members of the Legislature and all officers, executive, judicial and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath:

I, ........................., do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of ................, on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.“

Governor, why are you now reneging on your oath and election campaign platform and violating our state and federal constitutions?

Many of your campaign supporters have contacted you personally to keep your campaign promise and uphold the oath that you took of your own free will. Your Lieutenant Governor has also been contacted regarding this issue.  It seems that neither of you are willing to uphold the so-called values you both touted nor the constitutional laws that were part of your oath of office.

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Governor Sandoval, only you can define your legacy.  Will you make honorable and thoughtful decisions that are best for the public good, or will you fail the citizens of Nevada and succumb to the high pressure tactics of the utility corporation?

It’s time to take a stand and show your leadership as the Governor of Nevada.  As citizens of Nevada, we encourage you to showcase Nevada as a state that supports our constitutional rights.  With the right leadership and ethical choices, Nevada can become a national showcase for enticing new businesses and inviting people to become residents.

Rest of the letter can be read at: http://www.national-toxic-encephalopathy-foundation.org/s...