Tag Archives: US Constitution

No mulligans should be allowed on ‘Brexit’ vote

Brexit

Those silly British citizens just plain surprised the world with that vote to remove the United Kingdom from the European Union.

Now, it appears at least 1.5 million of them want a do-over. They want another chance to reverse what a majority of Brits said they wanted. They’ve reportedly signed their names to petitions being circulated throughout Britain.

A part of me wishesĀ a do-over electionĀ was feasible and reasonable. I dislike the idea of Britain exiting the EU. I fear for the future of this stellar alliance of nations and what its potential disintegration might mean to us on this side of the Atlantic Ocean.

But in reality, the decision ought to stand and the British government should play the hand its been dealt.

Were it possible to grant electoral mulligans, Americans might have sought such a thing after the 2000 presidential election when Al Gore collected more popular votes than George W. Bush but lost the Electoral College by a single vote when the U.S. Supreme Court stopped the hand-counting of ballots in Florida; Bush had 537 more votes in Florida than Gore when the counting stopped, so he won the electoral vote by one more that he needed to be elected.

Our constitutional system worked.

The British referendum delivered a clear message, meaning that the British electoral system worked, too.

My hope — which is not exactly my expectation — is that the world financial markets will settle down eventually. Maybe it will settle down sooner than we think at the moment. That’s the one element of this tumult that upsets me … as a semi-retired American citizen.

A do-over on this referendum — which, incidentally, was a non-binding vote? It won’t happen. Nor should it.

The British government now must deal wit the harsh reality of re-creating an old relationship with the rest of Europe.

Recall effort, over this?

garagesale

Many communities in America have them.

They’re gadflies. Blowhards. People who raise a ruckus just to be heard. Maybe they like the sound of their own voices. I don’t know.

An individual has surfaced over yonder, in Tucumcari, N.M., who I guess qualifies as a gadfly. She doesn’t like a proposed new city ordinance that puts some restrictions onĀ garage, rummage or estate sales in the city.

She’s threatening to recall Tucumcari city commissioners over their insistence on approving the city ordinance.

But here’s theĀ ridiculous aspectĀ of it.

The gadfly, Dena Mericle, doesn’t like in Tucumcari. She lives in rural Quay County. She doesn’t have any proverbial skin in the game. The ordinance doesn’t affect her. Her garage sale restrictions are set by the county commission.

According to my colleague Thomas Garcia, writing for the Quay County Sun, Mericle said this during a public hearing: “The commissioners are elected by us, the public, to serve our best interest and the interest of the city.”

She then used the R-word — “recall” — to make her point. “If the commission passes this ordinance, then I hate to resort to this, but I’ve collected well over 300 signatures … for a recall of the commissioners.”

Tucumcari Mayor Ruth Ann Litchfield told Garcia that commissioners “often make decisions that are unpopular. If we give in to the threat of recall, then anytime there is an item or ordinance that someone doesn’t like, they will resort to that tactic.”

Earth to Dena: You are entitled to express your opinion, but you are not entitled — as a practical matter — to spearhead a recall drive in a community in which you have no vested interest.

Geez, I hate recalls. They should be done only in the case of malfeasance. Tucumcari commissioners are acting totally within their purview byĀ regulating a legal activity insideĀ the city’s corporate boundaries.

As such, commissioners are answerable only to those who pay the bills, the residents of the city — who also would be financially liable for the cost of a recall election.

This kind of outside intrusion isn’t unique, of course, to Tucumcari.

Do you recall the Amarillo municipal referendum this past November in which residents were asked whether to approve construction of a multipurpose event venue in its downtown district? The referendum passed in a close vote.

One of the main foes of the MPEV was a guy who lived in Canyon, about 15 miles south of Amarillo. But there he was, raising Cain at City Council meetings objecting to the MPEV.

I get that he — as is Mericle — is entitled to speak his mind. If he didn’t like the MPEV, the First Amendment to the U.S. Constitution grants him the right to speak out against it.

However, these local issues ought to be decided and argued publicly by those who have a tangible stake in their outcome. That’s not a legal requirement, of course. It just makes sense.

The rest of us are perched in the proverbial peanut gallery, where our arguments and objections will get all the attention they deserve … which isn’t much.

Ginsburg: 2nd Amendment is ‘outdated’

Some of the weapons collected in Wednesday's Los Angeles Gun Buyback event are showcased Thursday, Dec. 27, 2012 during a news conference at the LAPD headquarters in Los Angeles. Mayor Antonio Villaraigosa's office says the weapons collected Wednesday included 901 handguns, 698 rifles, 363 shotguns and 75 assault weapons. The buyback is usually held in May but was moved up in response to the Dec. 14 massacre of students and teachers at Sandy Hook Elementary School in Newtown, Conn. (AP Photo/Damian Dovarganes)

This came across my radar screen this afternoon.

I offer it here without comment. The thoughts belong to U.S. Supreme Court Justice Ruth Bader Ginsburg, appointed to the court in 1993 by President Clinton.

She said:Ā “The Second Amendment has a preamble about the need for a militia … Historically, the new government had no money to pay for an army, so they relied on the state militias. And the states required men to have certain weapons and they specified in the law what weapons these people had to keep in their home so that when they were called to do service as militiamen, they would have them. That was the entire purpose of the Second Amendment.”

Then she said:Ā “When we no longer need people to keep muskets in their home, then the Second Amendment has no function, its function is to enable the young nation to have people who will fight for it to have weapons that those soldiers will own. So I view the Second Amendment as rooted in the time totally allied to the need to support a militia. So … the Second Amendment is outdated in the sense that its function has become obsolete.”

She said more in an interview:

http://www.wnyc.org/story/second-amendment-outdated-justice-ginsburg-says/

I’m wondering about Justice Ginsburg’s argument on the Second Amendment.

If what she says is true, thatĀ the amendmentĀ “has become obsolete,” is she making a “strict constructionist” argument for interpreting the U.S. Constitution?

Your thoughts?

Filibuster ends; now, let’s go on the record on guns

Chris Murphy has declared a form of victory in his effort to enact gun-control legislation.

The junior U.S. senator from Connecticut, though, likely won’t be able to win the proverbial “war” against his colleagues who oppose him.

He spoke for 15 hours on the floor of the Senate, ending his filibuster at 2 a.m. As he yielded the floor to Republicans, he said he received assurance that the Senate will vote on whether to approve expanded background checks and to ban gun sales to suspected terrorists.

I will concede that the background check idea is a bit problematical for the Democratic senator. Opponents of expanding those checks contend that those who buy guns already are subjected to them.

It’s the other one, the terrorist element, that puzzles me.

http://www.msn.com/en-us/news/us/dem-senator-wages-filibuster-claims-progress-on-gun-control/ar-AAh6MfJ?li=BBnb7Kz

Congressional Republicans so far have opposed the ban on gun sales toĀ individuals on federal no-fly lists. That’s right. Someone who isn’t allowed to board a commercial airliner because of suspected terrorist affiliation can purchase a gun. Wow, man.

Murphy was moved, obviously, by the slaughter in Orlando, Fla., this past weekend — and by the massacre at Sandy Hook Elementary School four years ago in his home state of Connecticut.

I own two weapons. I understand what the Second Amendment says — I think. I hesitate only because, in my view, the Founders wrote it badly.

Sen. Murphy’s filibuster is supposed to lead now to a Senate vote on these two critical issues: background checks and no-fly list bans.

He isn’t likely to win the day on these votes, given that the Senate is controlled by Republicans who, in turn,Ā appear to be controlled by the gun lobby.

President Barack Obama acknowledged the other day that these measures won’t stop all future acts of gun violence. They might prevent some of them. Isn’t there some value in that?

Let’s put allĀ senators on the record. Do you favor these measures that, in my view, retain the Second Amendment right to gun ownership, or do you oppose them?

Rewrite the 2nd Amendment? Just try it

The Orlando, Fla., massacre has ignited yet again — for the zillionth time — the debate over whether to enact tighter controls on the purchase of guns such as the weapon used by the monster who mowed down those innocent victims.

I don’t intend to enter that debate here. I do, though, want to introduce you to an idea that’s being kicked around: rewriting the Second Amendment to the U.S. Constitution.

I’ve long believed that of all the first 10 amendments, those that guarantee our civil liberties, the Second is the most horribly written of them.

It seems to contain two distinct references that appear to be at odds with each other.

ā€œA well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.ā€

Are clear on that? Now? Forever?

Hardly.

Gun-control advocates glom onto the first part, the reference to the well-regulated militia; gun-owner advocates cling to the second part that refers to “the right of the people to keep and bear Arms, shall not be infringed.”

The founders inserted a couple of commas in the middle of the text that seem — to my eyes, at least — to add to the confusion.

Mac McCann, a blogger for the Dallas Morning News, has posited the notion that the Second Amendment needs to be modernized. Will it happen? Sure, it’ll happen about the time both sidesĀ of the gun violence divide come together, lock arms and sing in perfect harmony.

http://dallasmorningviewsblog.dallasnews.com/2016/06/maybe-the-only-solution-is-to-rewrite-the-second-amendment.html/

McCann writes: “I hold the Constitution in the highest regard, and I’m naturally skeptical of government power. But I’m moved by Obama’s words: ‘to actively do nothing is a decision, as well’ — and clearly not a good decision.

“We need a text that reflects the will of the American people in today’s world — which, of course, is far different from the world the Constitution was written in.”

Of course, any effort to amend an amendment is going to be interpreted asĀ repealing the original text. We’ve had discussion in the past about amending the First Amendment, too. Free-speech/freedom-of-religion/free-press purists such as myself, quite naturally, have opposed such a thing on its face. That puts us in a bind when discussions come up regarding the Second Amendment, which is held in equally high regard by purists interested in gun-related issues.

This notion of modernizing the Second Amendment, though, is a discussion worth having.

If only we can have it intelligently and without the demonization that is guaranteed to erupt.

Your thoughts? Talk to me.

 

‘Sic federal regulators on his critics’

trust-1

A single line jumped out at me as I looked at the New York Times article on Donald J. Trump’s view of the U.S. Constitution.

Adam Liptak’s story goes through a litany of concerns that constitutional scholars — across the political spectrum — have expressed about the presumptive Republican presidential nominee’s views.

Then he writes of Trump: “He has threatened to sic federal regulators on his critics.”

That sentence stopped me cold. I froze.

Do you remember what happened to the last president who decided to “sic federal regulators on his critics”?

If you don’t, I’ll remind you.

President Richard Nixon did that very thing, we learned during the congressional investigation of the Watergate constitutional crisis.

http://www.nytimes.com/2016/06/04/us/politics/donald-trump-constitution-power.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news

That revelation — along with many others — led the House Judiciary Committee to approve articles of impeachment against the president, who then resigned his office on Aug. 9, 1974, thus ending, in the words of his successor, President Gerald Ford, “our long national nightmare.”

Trump wants to make it easier to sue the media for libel; he wants to ban Muslims from entering the United States; he attacked a federal judge solely on the basis of his ethnicity, calling the American-born jurist “a Mexican” who, according to Trump, “hates me.”

Any one of those occurrences would be a recipe for a top-of-the-line constitutional crisis. I’m trying to imagine what could happen if more than one of those things ever were to occur if a President Trump were to settle in behind that big desk in the Oval Office.

Here’s a comment from a conservative thinker, taken from Liptak’s article: “David Post, a retired law professor who now writes for the Volokh Conspiracy, a conservative-leaning law blog, said those comments had crossed a line.

ā€œ’This is how authoritarianism starts, with a president who does not respect the judiciary,’ Mr. Post said. ‘You can criticize the judicial system, you can criticize individual cases, you can criticize individual judges. But the president has to be clear that the law is the law and that he enforces the law. That is his constitutional obligation.’ā€

I believe this is a major part of what Hillary Rodham Clinton said Thursday when she described Trump as being “temperamentally unfit” to become president of the United States.

GOP lawmaker: Wrong to block Garland

garlandmerrick_031716hj3

Dan Donovan’s opinion on a critical judicial appointment might matter if he actually were to play a tangible role in determining its outcome.

It’s too bad the thoughts of a back-bench Republican member of the U.S. House of Representatives will be relegated to the back of the closet.

Donovan is a New York member of Congress who said it is wrong for the Republican Senate leadership to block the appointment of Merrick Garland to the U.S. Supreme Court. If Donovan were king of Capitol Hill, he’d let Garland have a hearing and a vote.

He’s right, of course. President Obama appointed Garland to the high court after the shocking death of conservative icon Justice Antonin Scalia earlier this year.

Within hours of Scalia’s death, though, Senate Majority Leader Mitch McConnell declared that the president’s nominee wouldn’t get a hearing. The president’s pick would be tossed aside. Why? Barack Obama is a lame duck, said McConnell, and the appointment should come from the next president of the United States.

It’s an absolute crock of crap.

http://thehill.com/blogs/blog-briefing-room/news/281000-gop-lawmaker-republicans-were-wrong-to-block-garland

ā€œI’ve never thought that was a good idea,ā€ Donovan told reporters in Staten Island. ā€œI’ve always thought that the Republicans were wrong, that they should see who the nominee was — actually, the president nominated Judge Garland — and judge him on his abilities, his jurisprudence.ā€

Gosh. Do you think?

The irony of McConnell’s refusal is too rich to dismiss. He accuses the president of playing politics by seeking to force the Senate to hold hearings and then a vote. The ironic part is that McConnell’s obstruction of this appointment is the classic example of “playing politics” with a key provision in the constitutional authority of the legislative and executive branches of government.

The only reason McConnell is blocking this appointment process from going ahead is because the appointment might change the balance of power on the court, which was a narrowly conservative panel with Scalia. Garland is more of a mainstream moderate judge who, I should note, won overwhelming Senate approval to the D.C. Circuit Court.

Who’s playing politics, Mr. Majority Leader?

One of McConnell’s fellow GOP lawmakers is making some sense. It’s a shame his voice won’t be heard at the other end of the Capitol Building.

 

Here comes the gun-rights demagoguery

Some of the weapons collected in Wednesday's Los Angeles Gun Buyback event are showcased Thursday, Dec. 27, 2012 during a news conference at the LAPD headquarters in Los Angeles. Mayor Antonio Villaraigosa's office says the weapons collected Wednesday included 901 handguns, 698 rifles, 363 shotguns and 75 assault weapons. The buyback is usually held in May but was moved up in response to the Dec. 14 massacre of students and teachers at Sandy Hook Elementary School in Newtown, Conn. (AP Photo/Damian Dovarganes)

The National Rifle Association, to no one’s surprise, gave its blessing to the presidential candidacy of presumed Republican nominee Donald J. Trump.

And also, again to no one’s surprise, Trump stood at the podium at the NRA meeting to condemn likely Democratic Party opponent Hillary Clinton’s view on gun violence.

He did so with his customary panache, meaning his customary hyperbole and outright lies.

Trump said Clinton wants to rescind the Second Amendment. He said she wants to “disarm American women.” He said he intends to rescind “gun-free zones” at local schools.

Trump’s answer to gun violence? Put more guns out there.

I’ve been going through the public record of Clinton’s statements on gun violence and, for the life of me, I cannot find a single statement that could be interpreted remotely as an effort to repeal the Second Amendment. It’s not there.

She’s talked about regulating the purchase of firearms. She joins other Americans in condemning the hideous increase in gun violence across the nation.

Does she intend to propose a rescinding of the Second Amendment? Does she really intend to disarm Americans?

Hell no!

That won’t deter Trump and continuing his demagogic tirades.

Let’s all get ready for more of the same.

 

Get ready for big abortion fight

Oklahoma Gov. Mary Fallin speaks during a news conference in Oklahoma City, Thursday, Oct. 8, 2015. Fallin said “it became apparent” during discussions with prison officials last week that the Department of Corrections used potassium acetate, not potassium chloride, as required under the state’s protocol, to execute Charles Frederick Warner in January. "Until we have complete confidence in the system, we will delay any further executions," Fallin said. (AP Photo/Sue Ogrocki)

In 1907, Oklahoma became the 46th of 50 states to join the United States of America, an event that subjected the residents of that state to all the “laws of the land.”

That meansĀ Oklahomans are bound to adhere to mandates handed by the U.S. Supreme Court, which interprets the constitutionality of the law.

Get set, then, for a big fight as Oklahoma tries to defend itself against challenges to a bill that makes abortion illegal in the state.

Why the fight? Because the Supreme Court ruled in 1973 that the practice of terminating a pregnancy is legal in all 50 states and that women could make that decision until the time that the unborn child is determined to be “viable.”

The Oklahoma Legislature has sent a bill to Gov. Mary Fallin’s desk that makes performing an abortion a felony, except in the case of rape or incest or if carrying the pregnancy to full term endangers the mother’s life.

The landmark Roe v. Wade decision in January 1973 didn’t spell out any exceptions. It said that women who choose to end a pregnancy have that right guaranteed under the U.S. Constitution. Thus, the practice was declared legal.

http://www.huffingtonpost.com/entry/oklahoma-abortion_us_573df1b9e4b0aee7b8e94b41

The Oklahoma law is seen as being a mostly symbolic gesture, even if Fallin signs it. She has until Wednesday. Gov. Fallin, a pro-life politician, hasn’t yet said whether she’ll sign it.

The cost to state taxpayers, though, could be substantial if abortion-rights groups challenge the law and subject the state to expensive legal proceedings.

Oklahoma lawmakers have made a profound political statement. They have thumbed their noses at the highest court in America and have determined independently that they are able to flout federal law that the judicial system has reaffirmed.

Gov. Fallin should vetoĀ the bill. If she wants to make abortion illegal, she should haveĀ to wait — and hope — for the chance to change the philosophical composition of the U.S. Supreme Court.

 

Mayor to Trump: Thanks, but no thanks

Sadiq Khan

Sadiq Khan made history by becoming the first Muslim ever elected mayor of London.

He’s a distinguished man who apparently doesn’t like other politicians patronizing him.

So, when presumptive Republican Party presidential nominee Donald J. Trump offered to grant the mayor-elect an “exception” to a proposed ban on Muslims visiting the United States, Khan offered a terse “no thanks.”

This is precisely the kind of reaction Trump should have gotten in response to his ridiculous — and patently unconstitutional — proposal to ban people from entering the United States on the basis of their religious belief.

Trump issued the call in the wake of the Paris terror attacks. He said he would, if elected president, work to ban all Muslims from entering the United States. Why? He said the threat of Islamic terrorism coming to this country is too great.

Trump does not grasp the idiocy of this proclamation.

Mayor-elect Khan has rejected Trump’s offer to exempt him from the ban. He wonders about how other Muslims would react if they want to come to the United States “on holiday.” What if they want to go to Disneyland, Khan asked, but they can’t because “President Trump” says they aren’t welcome here?

The First Amendment to the U.S. Constitution allows absolute freedom to worship as one believes. It has been interpreted during the past two-plus centuries to mean that no one should be discriminated against because of their religious faith.

Trump has proposed something that utterly flouts one of the basic tenets on which this country was founded.

Sadiq Khan — the duly elected mayor of one of the world’s truly great cities — saw through it immediately.

He understands what it means to be an American more than theĀ individual who is poised to be nominated to run for the presidency of the United States.