Quote:
Originally Posted by
SWMAP
Look, for all you strict constructionists out there - if every word of a law [[or measley city ordinance) has to be as strictly observed as Kosher dietary laws with no room at all for interpretation, why was the judicial branch of government even conceived? It was so that laws and even measly stupid ordinances can be officially interpreted and even, such as in the legislation of centuries ago that for example didn't allow women to vote, discarded and nullified.
The language parsers on this site don't seem to understnad something Jesus observed: that laws are made for made for man - not man for the law. Law changes, grows and bends to fit society. That's a good thing.
If the strict constructionists want to be consistent with their arguments, then every candidate for mayor should be disqualified. Here is why. First take a look at the charter language:
Section 2-101: “A person seeking elective office must be a citizen of the United States, a resident and a qualified registered voter of the city of Detroit for one year at the time of filing for office and retain that status throughout their tenure in any such elective office.”
See that. Unless you are a both a resident and a qualified registered voter for one year [[365 days, not a day less or a day more), apparently you cannot seek elective office. The provision does not say for "at least one year." Apparently the only people eligible to run for elective office in Detroit are those who have lived here for exactly one year and who file to run for office on that same day.
Everybody should get thrown off the ballot, right? Wrong. All state and federal law adheres to rules of statutory construction and doesn't allow for applications of statutory language that would result in absurdities. When that happens, the policy behind the adoption of the law is examined. The application of that policy in this case would not disqualify any of the candidates, including Mr. Duggan. Judge Popke's ruling should get overturned.
This whole kerfluffle has been caused by terrible drafting by the Charter Commission. The race baiting by Mr. Barrow, who in most cases has been a reasonable, albeit usually dissenting, political voice in Detroit has been shameful.