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Showing posts with label US Constitution. Show all posts
Showing posts with label US Constitution. Show all posts

Sunday, February 13, 2011

Steve Kangas short FAQ: What do liberals believe about the constitution?


“Stop throwing the Constitution in my face. It’s just a goddamned piece of paper!”.--GWB

Liberals note that constitutions and their amendments are passed just like other laws: after extensive debate and by a vote of the people's elected representatives.

The only difference is that constitutional amendments are much harder to pass than laws, because they require a two-third's majority in Congress and a three-fourth's majority of the States.

Liberals also point out that the constitution and laws of Congress both have the same purpose: to protect individual rights, establish personal responsibilities, and describe the operations of government.

However, the constitution does all of this at a much more fundamental level. In other words, the constitution describes the general principles of how our society is to be run, and the law fills in the details.

Many people would like to see their favorite moral beliefs enshrined in the constitution rather than law, but usually the constitution is an inappropriate place for that.

A constitution that included too many specific statutes would be inflexible (due to the supermajority requirement) and would quickly grow obsolete.

Liberals believe that when the U.S. constitution was first ratified in 1788, it was a document serving the interests of rich white male landholders.

Blacks were forbidden to vote until 1870; women until 1920; tax debtors until 1964; young people until 1971. Likewise, much of the Bill of Rights was not defended or enforced until recently.

In early times the U.S. media was often censored for "seditious" material, and it wasn't until the early 20th century that the first case involving freedom of the press came before the Supreme Court.

Since 1920, the American Civil Liberties Union has been the foremost defender of the Bill of Rights for minorities, the poor, and other groups who cannot afford justice and the preservation of their rights.

It has taken centuries, but the U.S. constitution is gradually evolving into a true people's document.

Conservatives call themselves "constitutionalists," because they perceive that strong property rights in the constitution are the best way to protect their wealth and property from the greedy voting majority.

But it is interesting to note that their proposed anti-tax, pro-property amendments would favor the special interests of those who already own the most wealth: rich white male business owners.

Compare this to their bitter criticism of the ACLU for defending the Bill of Rights for minorities and poor people, and it becomes clear that many people simply use the constitution as a political football to protect their special interests at the expense of others.

Kangas appear to be aware of Charles Beard's theory about the Founders. His book,  Economic Interpretation of the Constitution of the United States (1913), an interpretation of how the economic interests of the members of the Constitutional Convention affected their votes.


Contrary to beliefs of many conservatives and many undereducated Americans, the US constitution was not a perfect document. In fact, the Bill of Rights was an after thought.


As Kangas has pointed out, changing the US constitution is difficult.


What would the GOP like to change? First of all, the 14th amendment and birthright citizenship. Republicans believe that people emigrating from Mexico will vote Democratic. One Republican politician suggested we need to "empty the clip" to fix immigration. 


The GOP would also like the governor of the state to appoint the two senators which smacks of cronyisim and elitism. 

That is actually the way senators were "elected" until 1913, but by 1912, as many as twenty-nine states elected senators either as nominees of their party's primary or in a general election. 

The 17th Amendment to the U.S. Constitution finally resolved the question and mandated that senators would be directly elected. 

Tea Party Nation President Judson Phillips  said this about the right to vote:

The Founding Fathers originally said, they put certain restrictions on who gets the right to vote. 

It wasn’t you were just a citizen and you got to vote. Some of the restrictions, you know, you obviously would not think about today. 

But one of those was you had to be a property (real estate) owner. And that makes a lot of sense, because if you’re a property owner you actually have a vested stake in the community. 

If you’re not a property owner, you know, I’m sorry but property owners have a little bit more of a vested interest in the community than non-property owners.



When the Constitution was written, only white male property owners (about 10 to 16 percent of the nation's population) had the right to vote.

Property ownership and tax requirements eliminated by 1850. Almost all adult white males could vote. The 19th Amendment guaranteed women's suffrage in 1920.


If Judson Phillip's idea of property ownership as a prerequisite to voting were adopted, one in three Americans wouldn't be able to vote. 

source:  Steve Kangas Short FAQ and Wikipedia


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Friday, January 7, 2011

DCCC: Two House Republicans ignore the US Constutiton

Graphic courtesy the Trussells, Politics Daily

Uh oh.

Despite being in Washington, Congressmen-elect Pete Sessions (TX) and Mike Fitzpatrick (PA) missed being sworn into Congress yesterday.

Not being sworn in and technically not being Members of Congress didn’t stop Pete Sessions or Mike Fitzpatrick from voting all day yesterday and today, or participating in reading the U.S. Constitution on the House floor today.

"When Congressmen-elect Pete Sessions and Mike Fitzpatrick participated in reading parts of the U.S. Constitution on the House floor, Speaker Boehner should have given them Article 6 which requires Members of Congress to be sworn in," said Jennifer Crider of the Democratic Congressional Campaign Committee.

"Jokes aside, Congressmen-elect Pete Sessions and Mike Fitzpatrick’s actions raise serious questions: What in the world was more important to Congressmen-elect Pete Sessions and Mike Fitzpatrick than taking the oath of office, committing to support and defend the U.S. Constitution?

Why did Speaker Boehner and House Republican leadership allow two people who were not sworn Members of Congress to vote and speak on the House floor?

Republicans have spent a lot of time over the past two days proselytizing about House rules, but they don’t seem very keen on actually following the rules."

The Speaker of the House administers the congressional oath of office as follows:


I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

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Saturday, August 14, 2010

Republican reverses his postion on repealing the 17th Amendment




Newly nominated Colorado Republican Senate candidate Ken Buck clarified on Friday a statement which he said he supported efforts to repeal the amendment allowing for the popular election of candidates like him to the United States Senate. He reversed his position on the governor of a state selecting the two US senators. 

The idea of repealing the 17th Amendment is a favorite among Tea Party goers in addition to being treated with credence by some of the GOP's intellectual heavyweights. They suggest this is a way to shift the balance of power (or at least political oversight) back to state authorities.

The Republicans are advocating that the direct election of Senators by the electorate be selected by the governor or legislature of a particular state. 

This is an anti-democratic idea that was rejected by the majority of the states in the early 1900s when the 17th Amendment was ratified. Such a change would produce senators who are oligarchs or party insiders. 

This is another example of tinkering with the constitution that would benefit the most affluent and privileged americans. It is surprising that the party of strict constructionism would even consider this idea. 
In backing away from his previous support, Buck joined several other GOP candidates who flirted with the notion of 17th Amendment repeal only to ultimately abandon it at a later date.

The list includes Steve Stivers in Ohio, and Vaughn Ward, an Idaho Republican who lost his primary race to a more devoted 17th Amendment repealer. One candidate who has not moderated his support for the idea is, Mike Lee, the Utah Republican who appears to be a shoo-in for the Senate.

source: Huffington Post

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Monday, July 26, 2010

Question to conservatives on the Second amendment

It is clearer than day in the preamble of the us Constitution that Social Security is a God Given right because our government was established to promote the general welfare. Social Security is certainly general welfare for seniors.  

After all the Preamble says:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America under God and the Trinity. 
My question to conservatives is simple (minded). Can I use my second amendment rights to take out anybody who wants to take my Social Security benefits away? It seems that all of those recent Supreme Court rulings suggest that this would be OK. Is this legal?

Do I need to get a concealed gun permit first?  Is the best way to keep one's Social Security benefits to buy an AK-47? Or would you recommend a different assault rifle?

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Wednesday, November 11, 2009

GOP proposes term limits on Representatives and Senators

Talk about political motivation!  The Democrats have solid majorities in the House and the Senate. This amendment, that is unlikely to get out of committee, would open up all sorts of national races once the amendment passed. DeMint's rationale is interesting in view of the special interests that the GOP is supporting in the health care debate. 
 


Remember this constitutional amendment?

Washington (CNN) -- A handful of Republican senators have proposed a constitutional amendment to limit how long a person may serve in Congress and the Senate.

Currently, there are no term limits for federal lawmakers, but Sen. Jim DeMint, R-South Carolina, and several of his colleagues are advocating that service in the Senate be limited to 12 years, while lawmakers would only be allowed to serve six years in the House.

"Americans know real change in Washington will never happen until we end the era of permanent politicians," DeMint said in a statement released by his office:

"As long as members have the chance to spend their lives in Washington, their interests will always skew toward spending taxpayer dollars to buyoff special interests, covering over corruption in the bureaucracy, fundraising, relationship building among lobbyists, and trading favors for pork -- in short, amassing their own power."
 

Two-thirds of the House and Senate would need to approve the amendment -- a stumbling block that short-circuited the idea 14 years ago. The new proposal echoes the Citizen Legislature Act, part of the original Contract with America proposed by Republicans before they won control of Congress in 1994.

Read more: http://www.cnn.com/2009/POLITICS/11/11/congress.term.li...
 
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Tuesday, August 25, 2009

The President doesn't follow the US Constitution?

Hats off to Sen. John McCain for setting one of his town hall meeting attendees  straight on the US Constitition.

President Obama  is a constitutional lawyer who understands the US Constitution a lot better than  George W. Bush ever did.

Three different people have confirmed that George W. Bush said

"Stop throwing the Constitution in my face," Bush screamed back. "It's just a goddamned piece of paper!" 


Obama never circumvented the FISA court and bugged the Internet. He didn't lie to Congress and the American people about WMDs in iraq. He didn't violate United States Code on torture. He didn't authorize executive assassination teams that violates US law and executive orders.

Are these Birthers, Astroturfers and Tea Baggers as stupid as the women in following video? Apparently so or they wouldn't be booing Senator McCain. Bill Maher is right. There are some very stupid people in the US.



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Sunday, July 5, 2009

Did the Founding Fathers want the US to be a Christian Republic?

There is no reference to the God, Jesus or Christianity in the US Constitution. Fundamentalists will often reference the Declaration of Independence because God is mentioned once in it. However, the Declaration of Independence is a historical document, not a legal one. There are also no references to God or Christianity in the Articles of Confederation either.

In the Treaty of Tripoli, John Adams and the US Senate voted in a very public way to say that "As the government of the United States of America is not, in any sense, founded on the Christian Religion, . . ." the Muslims of Tripoli therefore need not fear a religious war from the U.S. (Article 11).

The vote was recorded only because at least a fifth of the Senators present voted to require a recorded vote. This was the 339th time that a recorded vote was required. It was only the third time that a vote was recorded when the vote was unanimous! There is no record of any debate or dissension on the treaty.

President Adams signed the treaty and proclaimed it to the nation on 10 June 1797. His statement on it was a bit unusual: "Now be it known, That I John Adams, President of the United States of America, having seen and considered the said Treaty do, by and with the advice and consent of the Senate, accept, ratify, and confirm the same, and every clause and article thereof.

And to the End that the said Treaty may be observed and performed with good Faith on the part of the United States, I have ordered the premises to be made public; And I do hereby enjoin and require all persons bearing office civil or military within the United States, and all other citizens or inhabitants thereof, faithfully to observe and fulfill the said Treaty and every clause and article thereof."

What happened then? Did our heroes pay a heavy price for their sacrilege? Skeptical that the public even knew about the treaty, the periodicals reading room of the Library of Congress was checked, appropriately enough, the Madison Building. Most of the old newspapers newspapers of the 1790s, were on microfilm, but in a few cases the actual papers of the day were available.

The Treaty of Tripoli and Adams' statement reprinted in full in three newspapers, two in Philadelphia and one in New York City and, in one case, in the Philadelphia Gazette and Universal Daily Advertiser for Saturday, 17 June 1797 which still exist in hard copy. There is no record of any public outcry or complaint in subsequent editions of the papers.

And what of our heroes? Well, none suffered any known negative consequences. One Senator, Theodore Sedgewick of Massachusetts, went on to become the Speaker of the House (imagine Newt Gingrich endorsing such a treaty! Henry Clay is the only other American in history to be first a Senator, then Speaker). Another, Isaac Tichenor, became Governor of Vermont, and then returned to the Senate for many years.

Georgia's Senator, Josiah Tattnall did not return to the Senate, but he did serve thereafter as one of the youngest Governors in Georgia's history, and has a county in Georgia and a number of streets and squares named after him.
http://www.stephenjaygould.org/ctrl/buckner_tripoli.html


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