Well, if people are going to discuss the propriety of impeachment (which will not happen. Impeachable offenses do not get you impeached. UNPOPULAR impeachable offenses get you impeached), we need to educate ourselves on what is an impeachable offense. Otherwise, we'd just be making up stuff and pretending we understand the legal process.
And who would do such a thing?Impeachment:
51 Okla. stat. § 51:The Governor and other elective state officers, including the Justices of the Supreme Court, shall be liable and subject to impeachment for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office.
The Oath of Office:
I, Mary Fallin, do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as Governor to the best of my ability.
/s/ Mary Fallin
The Loyalty Oath:I do solemnly swear (or affirm) that I will support the Constitution and the laws of the United States of America and the Constitution and the laws of the State of Oklahoma, and that I will faithfully discharge, according to the best of my ability, the duties of my office or employment during such time as I am Governor.
/s/ Mary Fallin
Here is a photo of Governor Fallin signing the oaths in front of the Chief Justice of the Oklahoma Supreme Court:
She has sworn, in front of the Chief Justice, to support the Constitution and laws of the State of Oklahoma. You know, the
Constitution of Oklahoma... the second highest law in the land (after the US Constitution pursuant to Article 1 Section 1 of all post reconstruction states).
Oklahoma Constitution, Article 4, § 1. Departments of government - Separation and distinction.
The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others.
The legislature makes the law.
The executive enforces the law.
The judiciary interprets the law (which includes the constitution).So the legislature has drafted and ratified a constitution (the law). The judiciary has interpreted the constitution (the law). And the executive has simply refused to do their part.
Oklahoma Constitution, Article 6, § 8. Execution of laws - Intercourse with other states and United States - Conservator of peace.
The Governor shall cause the laws of the State to be faithfully executed, and shall conduct in person or in such manner as may be prescribed by law, all intercourse and business of the State with other states and with the United States, and he shall be a conservator of the peace throughout the State.
The law of the state is very clear. Even without the Supreme Court ruling the law was very clear. It was ignored under a pretext ("I am the Lord thy God, though shalt have no Gods before me!" is not a secular statement of law or a monument to historical events...), great political pandering. But it has now been ORDERED removed in an unambiguous manner (
the entire opinion is very brief and simple). Her job is to conduct herself in such manner as may be prescribed by law.
I have not found any authority that says the governor is to execute the laws of the State or abide by the Constitution unless she doesn't like it. I haven't seen anything that says she doesn't have to abide by the Constitution if she is working on having it changed. I have read the entire Oklahoma Constitution, that isn't in there. She may seek a stay pending appeal (or rehearing), but I have found no authority, and been presented with none, stating that she may simply ignore her duty.