Tag Archives: US Constitution

Another tragedy likely to ignite another debate on guns

Americans awoke this morning to horrifying news.

At least 58 people are dead, hundreds more injured and a nation is shaken to its core because of gun violence. This time is occurred from the 32nd floor of the Mandalay Bay Hotel and Casino in Las Vegas, Nev.

A gunman opened fire with a fully automatic rifle from high over the ground floor where revelers were enjoying a country music festival.

What in the name of all that is supposed to make sense do we think about this?

The shooter is dead; he reportedly took his own life as police were closing in on the room where he was holed up. The FBI is assisting local police in investigating what drove this monster to do what he did. The president of the United States, Donald Trump, called this an act of “pure evil,” which it most certainly is.

Somehow, in a macabre sort of way, any discussion of what to call this dastardly act seems pointless so early as we have become consumed by our national grief. I’ll call it what I believe it is: an act of domestic terrorism. I will let others debate how this should be labeled; I won’t join that debate.

Make no mistake, too, that this act is going to spawn yet another “national conversation” about gun violence and how — or if — we can ever enact reasonable, tighter gun control laws that do not infringe on people’s constitutional guarantees to the ownership of firearms.

I’ve long believed the Second Amendment is not wholly sacrosanct. I believe there can be restrictions placed on weapons of the type used in the Mandalay Bay massacre. That debate will be joined in due course.

Meanwhile, I am going to collect my breath and say my prayers for a nation that has been thrust into mourning once again by the insane act of a gun-toting madman.

Speaking of ‘disrespecting the flag … ‘

Now that the nation has become full of “experts” on how to respect Old Glory, I want to make a plea to my fellow Americans.

Yes, many of us have become engulfed in this controversy over on-the-field protests by professional football players. The president of the United States has yanked the discussion away from its origin: the treatment of some police officers of African-Americans. It’s now become a matter of huge concern over whether those protests disrespect the U.S. Constitution and the Stars and Stripes.

The players kneel quietly, peacefully while bowing their heads during the playing of “The Star-Spangled Banner.” Why, that’s just damn disrespectful, according to Donald Trump and many millions of other Americans. I’ll say once again that this form of protest isn’t much to my liking, either, but I seek to respect the players’ right to do what they’re doing.

Here’s my plea.

The next time you’re at a public event where they play the National Anthem, be sure to remind the fellow who wears his hat while the song is being played to take it off. Don’t forget to tell the individual who’s playing with his or her cell phone to put the device away. Instruct anyone you see or hear talking, laughing or cutting up while the anthem is being played to be quiet and to pay attention.

Be sure y’all stand at attention, quietly. Look directly at the flag. You are welcome to place your hand over your heart. You also are more than welcome to sing the words of the National Anthem as it’s being played.

If you don’t want to correct your fellow Americans, then just take note of the number of them you see disrespecting the flag.

Then remember what you see when you criticize an athlete who’s trying to make a political statement that has nothing to do with the flag, or the anthem, or the Constitution.

Remember the time Kim Davis … you know?

Someone out there has brought back an earlier episode involving politics in the workplace, so I’ll just jump on that horse and ride it briefly here.

Kim Davis is the Rowan County (Ky.) clerk who once defied a U.S. Supreme Court ruling that declared that gay marriage is a protected right under the 14th Amendment to the U.S. Constitution.

She said her religious beliefs wouldn’t permit her to issue marriage license to gay couples. She violated the oath of her office; she had vowed to obey the Constitution and, you know, follow the law of the land.

She brought her personal political beliefs into the workplace. Bad, Kim … bad!

So now there’s some argument being kicked around in social media about those pro football players who are doing that very thing. They’re bringing their politics into their workplace, which happens to be on a field surrounded by tens of thousands of paying fans and millions more of them watching them do their jobs on television.

Some of those players are “taking a knee” when “The Star-Spangled Banner” is sung before games. Others are locking arms with teammates. Critics of this practice say that the athletes are acting inappropriately by politicizing their profession, not to mention that they’re “disrespecting the Constitution,” which I believe is a ludicrous assertion.

I’ll stipulate once more that I am not pleased by the nature of the protests by pro football players. I wish they had found another way to protest against police brutality against African-Americans, which is the initial reason for the protests.

That all said, if it’s OK — in the minds of many Americans — for Kim Davis, who serves the public in a public office, to bring her political beliefs into her workplace, why is it not OK for pro football players to do the same thing?

Ditka: ‘Don’t demonstrate against the Constitution’

Mike Ditka was a damn good professional football player and coach.

He is a strong supporter of Donald J. Trump. He has strong opinions on the recent controversy regarding NFL players “taking a knee” while they listen to the National Anthem at the start of football games.

But he needs to take a breath and maybe rethink what he told the Chicago Sun-Times. He said:

“But I don’t believe you demonstrate against the American flag. I believe in the American flag. Or demonstrate against the Constitution. I believe in the Constitution. I’m old fashioned. There are other ways to get your point across. But I don’t believe one should demonstrate against our country. Just play football.

“And that’s the way I feel. And now I’d like to go back to my card game.”

Here’s more of what he said.

Old-fashioned Mike should examine the Constitution and what it means. It guarantees the right of citizens to do precisely what he’s arguing against. These football players and their coaches are doing it peacefully. Their initial protest — which started this past season with quarterback Colin Kaepernick — has been aimed at police treatment of African-Americans.

Do I agree with the tactic they’ve employed? No. I wish they would protest differently. But I take no offense at what they’re doing. I do not believe these young men are disrespecting “the flag” or “the Constitution.”

I believe in the flag as much as Coach Ditka. I also believe that the cherished flag symbolizes a nation founded on the very principle of dissent and protest.

Roy Moore would bring a scary element to U.S. Senate

I don’t have a vote in Alabama. Whatever I say about that state’s U.S. Senate race is worth, well, damn near nothing to the voters there.

But if Roy Moore gets elected to that state’s Senate seat, then he’s going to be involved in legislation that affects citizens far beyond the Alabama state line.

Moore is the Republican nominee. He beat a sitting senator, Luther Strange, in the Republican primary this week. Strange was appointed to the seat after Jeff Sessions left the Senate to become U.S. attorney general. Moore now is going to run against Democratic nominee Doug Jones, a former federal prosecutor.

Why does Moore give me the heebie-jeebies? He’s a religious zealot, that’s why.

He says homosexuality is an abomination and goes against God’s will. He once said that “homosexual activity” should be made illegal. He operates under the premise that “God’s law” takes precedence over the law of the land. He has said that Muslims should not be allowed to serve in the U.S. Congress; he made that assertion specifically about Rep. Keith Ellison, D-Minn., one of two Muslims now serving in the U.S. House.

He was removed twice as chief justice of the Alabama Supreme Court. The first time was because he removed a Ten Commandments monument from the court’s grounds; the second time was when he refused to obey a U.S. Supreme Court ruling that made gay marriage legal in the United States.

His reasons for both actions? Fealty to the Old Testament.

Moore went to law school, so he knows what the U.S. Constitution says about religion. It declares, among other things, that there shall be “no religious test” required of anyone seeking public office.

If he’s elected to the Senate this fall, he will be required to take an oath that commits him to obeying and defending the Constitution. I feel the need, therefore, to remind Judge Moore that the Constitution is a secular document. 

***

Here’s what I wrote about Moore earlier this year:

https://highplainsblogger.com/2017/04/ayatollah-of-alabama-seeks-u-s-senate-seat/

 

Declaration of war? Not even close, Mr. Foreign Minister

A statement by North Korea’s foreign minister might have gotten muddled in the translation, but I feel the need to set the record straight for this fellow.

Ri Yong Ho has accused Donald J. Trump of “declaring war” on North Korea with his threats of using military force if the North Koreans continue to threaten the United States and our allies.

According to Reuters: “The whole world should clearly remember it was the U.S. who first declared war on our country,” Foreign Minister Ri Yong Ho told reporters in New York.

Let’s step back here.

I believe Ri needs a quickie lesson on U.S. government civics.

The president of the United States cannot “declare war” on anyone. A declaration of war in this country is a multi-step process, Mr. Foreign Minister — which is something that is alien to you and your dictator/despot Kim Jong Un.

The president prepares a declaration document, which he then presents to our Congress. He then requests the legislative branch of government to issue a declaration. The last time we did that was on Dec. 8, 1941, the day after Japan attacked our naval and Army air forces at Pearl Harbor, Hawaii.

Congress voted virtually unanimously to declare war; by the way, U.S. Rep. Jeannette Rankin of Montana voted “no,” just as she had done when Congress declared war against Germany during World War I. Foreign Minister Ri also should know that Rep. Rankin wasn’t jailed — either time — for her principled votes.

Do I agree with Donald Trump’s bluster and bellicosity with regard to North Korea? No. He’s risking — with his taunts and childish name-calling — the potential for provoking Kim into doing something stupid in the extreme.

But he didn’t “declare war.” That’s not how we do it in this country. Our founders established a system that limited the president’s power to issue such a declaration. He’s got to ask for it from the legislative branch of government.

There. Lesson over.

Mr. President, there’s that First Amendment thing

Donald Trump has weighed in on professional football players’ conduct while listening to the National Anthem being played before the start of NFL games.

Fire ’em if they sit or kneel while “The Star Spangled Banner” is being played, he said at a Huntsville, Ala., political rally this week.

According to CNN: Trump said NFL owners should respond to the players by saying, “Get that son of a bitch off the field right now, he’s fired. He’s fired!” 

Well …

This whole discussion began a year ago when former NFL quarterback Colin Kaepernick decided to kneel during the Anthem to protest the country’s treatment of African-American citizens.

Count me as one American who was appalled at Kaepernick’s disrespectful display. I thought he acted stupidly at the time. He is free to express his political views, but I just didn’t like the manner in which he chose to do it.

However, what he did was legal. Not only that, it’s guaranteed under the First Amendment to the U.S. Constitution, which guarantees citizens the right to protest in any peaceful manner they wish. If they want to burn Old Glory in the town square as a form of political speech, that’s allowed, too. Just don’t do it in my presence.

The president’s urging of NFL owners to fire players who sit during the Anthem ignores the First Amendment guarantee of a cherished civil right.

I could argue that the president simply should keep his trap shut when it concerns such matters, except that the First Amendment damn sure gives him the right to speak his piece, too.

Then again, Donald Trump isn’t just your average Joe. He is the president of the United States of America, which gives his words a lot more weight than those that come from some shmuck blogger out here in Flyover Country.

Oh, the price of living in a free society.

Houses of worship deserve FEMA assistance

I can almost hear the grumbling now: The U.S. Constitution prohibits any relationship between government and religious organization, which means churches shouldn’t be eligible for federal emergency relief assistance.

I’ll respond this way: As Col. Sherman T. Potter would say: Mule muffins!

Texas Gov. Greg Abbott and Texas Attorney General Ken Paxton have asked for aid from the Federal Emergency Management Agency to help houses of worship ravaged by the wrath of Hurricane/Tropical Storm Harvey.

Abbott and Paxton wrote in their letter to FEMA: “When Hurricane Harvey slammed into Texas, wreaking devastation over a huge swath of the Texas Gulf Coast, scores of churches and houses of worship jumped into action to serve thousands of Americans in their time of need.”

Indeed, those houses of worship also suffered grievously from Harvey’s savagery, just as every other inhabitant along the Texas Gulf Coast.

I get what the U.S. Constitution says about the prohibition against making laws that establish a state religion. This is different. FEMA stands as an agency committed to helping all Americans.

Harvey delivered a killer punch to Texas. It brought substantial misery all along the coast from Corpus Christi to the Golden Triangle — and many miles inland.

Everyone affected by the horrific storm — including houses of worship — deserve assistance from the federal government that aims to serve them.

Christian nation or a ‘nation of Christians’?

A former colleague and critic of this blog made a fascinating — and legitimate — point while participating in an exchange about a post I wrote about a guest columnist whose work appeared recently in the Amarillo (Texas) Globe-News.

I asserted in my own critique of the essay that the nation’s founders established a “secular government” when they wrote the U.S. Constitution.

My former colleague/critic pointed out that the nation comprises a population “of Christians” and that the nation was founded on “Judeo-Christian principles.” I agree with his assertion about the nation and that the founders likely were motivated by their deep religious faith.

However, that doesn’t dissuade me from insisting that the Constitution is as secular a document as it possibly can be.

The founders were direct descendants of people who migrated across the Atlantic Ocean to escape religious persecution, among many other repressive actions brought on them by their European rulers.

They launched a revolution in 1775. They gathered in July 1776 to sign a Declaration of Independence, which does contain a reference to the “Creator” and to “Nature’s God.” Neither term, though, is specific to Christianity. Each of them could — if one were to interpret them liberally — refer to any of the world’s great religions. Some of us today, though, choose to ascribe Christian theology to any reference to the Creator or to God.

Eleven years later, after we won our independence from the British Empire, our founders crafted the Constitution. They specifically avoided using the term “Christian” or “Jesus Christ” or even “God” or “Creator.” Did they bicker and quarrel among themselves while putting this governing framework together? Of course they did.

I remain committed to the document they produced, the one ratified by the 13 states comprising the United States of America. I have scoured it repeatedly over many decades and I have yet to find any reference to religion, other than in the First Amendment, which states that “Congress shall make no law respecting an establishment of religion … ”

Are we a nation “of Christians”? Certainly. Are we a “Christian nation”? Certainly not.

There. Does that settle it? Hah! Hardly.

About the Constitution’s ‘simplicity’

The Amarillo Globe-News published a brief editorial this morning. Two elements contained within it compel me to respond. Here’s the editorial:

Sunday was Constitution Day — the day set aside for celebrating the anniversary of the U.S. Constitution.

Allow us to present a few facts about the U.S. Constitution, which more than likely are not in history books.

The phrase “separation of church and state” is not in the U.S. Constitution.

The concept of marriage is not mentioned in the U.S. Constitution, much less the authority of government to require marriage licenses.

The U.S. Constitution is the oldest and shortest of written, national constitutions. There is probably a reason for this — simplicity. The document was written in clear and concise language.

It is too bad these facts about the U.S. Constitution are forgotten — or ignored — today.

I love the U.S. Constitution as much as the next guy. Maybe more so. Allow me this brief rejoinder.

The Constitution doesn’t need to use the phrase “separation of church and state” to make this point abundantly clear. The First Amendment says “Congress shall make no law respecting the establishment of religion.” Is that clear enough? I believe the intent in that clause is to separate church from the state.

Nor does the Constitution need to insert the term “marriage,” either. I am guessing the G-N is suggesting that same-sex marriage, which the U.S. Supreme Court has sanctioned, isn’t covered by the nation’s founding governing document; the G-N opposes the court’s decision. You see, the 14th Amendment provides “equal protection under the law” for all Americans. That includes marriage, by golly.

If we’re going to parse the Constitution’s language, let’s also note that it doesn’t mention the words “murder,” or “extortion” “bank robbery,” let alone does it say specifically that those activities should be deemed illegal.

I do agree that the founders wrote a fairly simple and declarative document when they created the United States of America. They didn’t need to clutter it up with a lot of do’s and don’ts to make clear what’s allowed.