Nikki Haley CAN TAKE DOWN THE FLAG!

[LovingA2andMI]

It's called an Executive Order. Any Governor in America's 50 States has the Right to Issue an Executive Order, regardless to what the state law says. In fact, in clear defiance of State Law to be exact.

"Executive orders as issued by the governor are not laws, but do have the same binding nature. Executive orders are usually based on existing constitutional or statutory powers of the Governor and do not require any action by the state legislature to take effect. Executive orders are numbered sequentially for a calendar year and may address agency closings due to inclement weather, may call the legislature into special session, may address county or city officials who have violated their elected positions."

http://dc.statelibrary.sc.gov/handle/10827/22

Furthermore, Section 15, Article VI - Executive Department of the South Carolina Constitution States:

SECTION 15. Faithful execution of laws.

The Governor shall take care that the laws be faithfully executed. To this end, the Attorney General shall assist and represent the Governor, but such power shall not be construed to authorize any action or proceeding against the General Assembly or the Supreme Court. (1972 (57) 3171; 1973 (58) 48.)
http://www.scstatehouse.gov/scconstitution/a04.php

The key term here is "Take Care". That does not mean the Executive Authority in South Carolina must COMPLY. That is a different word all together.

Now let's review what the South Carolina Constitution says about Executive Orders:

It does not say anything in the exact words of "Executive Order".

Instead, what the South Carolina Constitution does say is the following in Section 1, Article VI - Chief Magistrate:

SECTION 1. Chief Magistrate.
The supreme executive authority of this State shall be vested in a Chief Magistrate, who shall be styled
"The Governor of the State of South Carolina." (1972 (57) 3171; 1973 (58) 48.)
http://www.scstatehouse.gov/scconstitution/a04.php

What is a Chief Magistrate?

"The head of the executive department of government of a nation, state, or municipal corporation. Mclntire v. Ward. 3 Yeates (Pa.) 424."
http://thelawdictionary.org/chief-magistrate/

Nikki Haley has issued 86 Executive Orders by her Duty as Chief Magistrate of the State of South Carolina since 2011. Nikki Haley has the authority needed, necessary and required to order a removal of South Carolina's Confederate Flag, in light of the Tragic Deaths of Nine Emanuel African Episodical Methodist deaths by the Hands of Domestic "Hate Crime" Terrorist Dylann Roof on Wednesday, June 17, 2015.

THE QUESTION REMAINS - WHEN WILL SHE? - Independent Underground News & Talk

[craigmatic]

1. It's funny how this issue went from gun control to the confederate flag. It's a bullshit compromise

position. Even if you do get her to take it down (which she never will btw) the masses of racists in SC will not be dissuaded from their beliefs and the ones who want to commit violence against blacks won't be stopped.

[JaneyVee]

2. But it may dissuade future generations...

From taking pride in a symbol of hate and start bridging the divide.

[LovingA2andMI]

3. So it could hang on then....

Do tell more.... Also, the correct terminology is African-Americans. "Blacks" is a color in a crayon box which does not describe the melanin color tone of any human known to Man or Woman, skin.

[craigmatic]

18. I am black and I'll take any term I daqmn well please.

[pangaia]

20. +1000

I'm white. No question about it.

[dumbcat]

26. Wow! I think you're gonna lose

That argument. Good luck trying to tell DU what "correct terminology" to use!

[KT2000]

8. you have given reasons

for not doing anything.
It is time to ostracize racism instead of pandering to it. There must be symbolic solutions and practical solutions.

Maybe the south will always deliver racist politicians but before the southern strategy we had Kennedy and Johnson. The country did better when we were called to be better. Racists resisted then and they will forever but we had a country that had hope, not the ritual of grieving and never doing anything about it.

[craigmatic]

17. No I've given reasons to get at the root of the problem.

Enforce stricter gun control by keeping them out of the hands of crazy people and criminalize being a member of a hate group. They can also pass federal hate group/domestic terrorism legislation to go after these people and their websites. They can get the FBI and treasury to go after their money in banks. That's how you fight these people.

[struggle4progress]

4. South Carolina Code of Laws

TITLE 1. ADMINISTRATION OF THE GOVERNMENT
CHAPTER 10. Removal and Placement of Confederate Flag

... As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag ... This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole ... From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed ... The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly ...

http://www.scstatehouse.gov/code/t01c010.php

[LovingA2andMI]

6. That does NOT stop her from taking down the Flag.

As THE Chief Magistrate Nikki Haley can either uphold or not State Laws, especially laws that are in stark defiance and harassment of a protected class in South Carolina. Race is a Protected Class. The Confederate Flags flies in the face of hate, oppression and unjust peaceful existence of African-Americans in the State of South Carolina.

Nikki Haley should defy State Law, issue the Executive Order and TAKE DOWN THE FLAG!

[struggle4progress]

9. I don't think she'll do that. The chances are better through the general assembly

[LovingA2andMI]

11. Fair Point!

However, she cannot claim to "feel sorry" for the Victims or Their Families Unless Nikki Haley does the right thing, defy State Law, Issues an Executive Order and Take Down The Flag.

[Igel]

19. This is absurd.

You could fly to SC and take down the flag with as much legal right.

Or Haley could order the National Guard out and gun down everybody in Charleston, with as much legal right.

She is under obligation to be careful to make sure the laws are executed. She can issue EOs under the authority given to her by the state constitution or the laws--or concerning other things, to be sure, but those are going to be limited to topics *not* covered by the constitution or laws. This is covered by the law.

As it stands, you don't prove your point. You adduce nothing to prove your point, and no logic to even infer that what you do quote is relevant to your argument. As it stands, you want to say that she has legal authority to do illegal things with legal justification. In other words, the law grants permission to break the law and is self-annulling. This, as far as I'm concerned, is a fine example of reductio ad absurdam.

Most people aren't familiar with this term. https://en.wikipedia.org/wiki/Reductio_ad_absurdum is a good explanation:

Reductio ad absurdum ... is a common form of argument which seeks ... to demonstrate that a statement is false by showing that a false, untenable, or absurd result follows from its acceptance."

QED.

If wishes were fishes ...

[SCantiGOP]

21. Thanks, Igel

And, you are correct. I guess a Governor can indeed do anything she wants to - she can also be impeached or have a court overturn her illegal action in a matter if hours.

[Hoyt]

5. Of course she can, if she's willing to face the anger from the racist, gun fanciers who elected her.

[LovingA2andMI]

7. Exactly!!!

^^^^^

[smirkymonkey]

10. K&R

[JI7]

12. but she will probably not get re-elected again

and that's more important to her .

[LovingA2andMI]

13. Another Fair Point!

However, Nikki Haley is in her Second Term as South Carolina Governor and cannot be re-elected Governor of the State Again.....

"No person shall be elected Governor for more than two successive terms." - South Carolina Constitution, Article IV, Section 3.

Thus, Nikki Haley can TAKE DOWN THAT FLAG!

[JI7]

14. not if she wants to run for some other office

[LovingA2andMI]

15. Why Not?

Specifically, if she takes down the flag -- she would could be hailed as a Hero in the time of Tragedy. A Pillar of Strength in the eyes of Hate and Death larger than the the toll of victims during the Boston Bombing. She can take the courage of fellow Republican State Senator South Carolina Doug Brannon (R) who said tonight on MSNBC Chris Hayes program he would sponsor legislation to TAKE DOWN THAT FLAG during the next S.C. Legislative Session, in memory of the Late State Senator Camela Pinkney.

So, OH YES SHE CAN. And pressure must be applied until she does TAKE DOWN THAT FLAG of Hate!

[JI7]

16. she is a coward

[SCantiGOP]

23. See the posts above

Her action would be illegal and meaningless; it would be overturned by a court as soon as someone could file a motion.
The legislature put it up and they have to take it down.

[SCantiGOP]

22. She WON'T get re-elected

Since she is in her second term and cannot run again.

[JI7]

24. she could run for other office

[SCantiGOP]

25. She is running for other office

Wants to be in a GOP cabinet or, in her wildest dreams, be VP.

[Hoyt]

27. Of course she could. If the state were not so racist, there would be no repercussions.

[SCantiGOP]

28. she could also take down the American flag

And in both cases she would be impeached and a court would immediately overrule her action. The placement of the flag was a legislative act and the Governor cannot override it. Simple fact.

[Hoyt]

29. Sorry, if the state residents were not a bunch of racist yahoos, she could take the flag down and be

she would be applauded. The legislature would have to vote to impeach her, and if they were not racists -- and/or been elected by a bunch of racist yahoos -- they would not vote to do that. It is really that simple.

[SCantiGOP]

30. I really don't want to argue this

because it has nothing substantial to do with the underlying argument, but if the Governor did take the flag down in less than 24 hours a court would order it back up because it would be in clear violation of state law. If she refused, she would be subject to arrest and the court could, if it deemed appropriate, send law enforcement to carry out its order.
Again, it has nothing to do with the real issue, but your insensitive over-the-top bigoted comments are simply wrong. Note the screen name I have had on this site for 15 years.
3rd ranking Democrat in the House is Jim Clyburn from South Carolina. I assume you are also including him as a racist yahoo?

[Hoyt]

31. No Clyburn is not a racist, Graham and the rest damn sure are. I think the majority of the state

reps are too, just like here in Georgia. I accept that fact and see no reason to try to change peoples opinion of the Republican racists that govern the state today, or the Dixiecrats who did before.