Showing posts with label insurrection. Show all posts
Showing posts with label insurrection. Show all posts

Monday, November 14, 2016

Why we have our electoral mess

"As I would not be a slave, so I would not be a master. This expresses my idea of democracy. Whatever differs from this, to the extent of the difference, is no democracy." Attributed to Abraham Lincoln, supposedly in 1858.  See http://quod.lib.umich.edu/l/lincoln/lincoln2/1:547?rgn=div1;view=fulltext.

The electoral college was one of the Constitutional stratagems slave owners used to protect themselves from the North taking away their slaves.  Another was counting slaves as three-fifths persons. This increased the number of representatives they got far beyond the number of actual voters.  Also basing the Senate on states rather than population, these less-populated states further increased their furtive power grab.

By increasing their relative state power in presidential elections, they hoped they could keep the end of slavery at bay.

They unleashed a long bloody war to protect this despicable practice. Unfortunately, they forgot the Constitutional provision that Congress could call out the militia to suppress insurrections.  (In our own time, Congress seemed to forget this provision in dealing with the Bundys.)

So, the Electoral College differs from democracy and the five victories because of the Electoral College in our country's history have differed from democracy.  Poor Abe must be spinning in his grave, especially when the descendants of the slave owners have taken over his party.  Poor Abe must be spinning in his grave, especially when the descendants of the slave owners have taken over his party.

See also "More on the Electoral College".

Thursday, November 03, 2016

Revolution if Clinton Wins?

“Some Donald Trump Voters Warn of Revolution if Hillary Clinton Wins”
Ashley Parker and Nick Carasaniti, New York Times, 2016-10-27
http://www.nytimes.com/2016/10/28/us/politics/donald-trump-voters.html

Those threatening "revolution" if Donald Trump loses the Presidential Election don't really know the U.S. Constitution.

As to the elections being "rigged" consider

"Each House shall be the Judge of the Elections...of its own Members..."

- U.S. Constitution, Article I, Section 5

This means that the outgoing House and Senate get to judge the elections to keep themselves in office or to judge the fairness of the election of their replacements.  If the Clinton "landslide" many are predicting comes true, wouldn't many members of Congress be out of office?  Do you really think there are so many Republican members of Congress who believe the elections are "rigged" that they would nullify the election of their successors?  Given the number of congressional Republicans disavowing Trump, I seriously doubt they would nullify the election of their replacements.

As to having a "revolution" consider

"The Congress shall have the power "To provide for calling forth the Militia to ...  suppress Insurrections..."

U.S Constitution, Article I, Section 8

Whatever the result of the election, would not most members of Congress, Republican or Democrat, be repulsed by an insurrection in support of a defeated Presidential candidate?

Thursday, May 01, 2014

Second Amendment v. Article I, Section 8

"Everybody" seems to know exactly what the following means:

"A 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."

This was ratified by the States and Thomas Jefferson as Secretary of State authenticated it.

However, what Congress passed was:

"A 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."

Just what does the missing comma mean?  I'll defer to grammarians on this, but if there is any difference in meaning, it makes it harder to determine the intent of Congress.

Whatever, Cliven Bundy and his supporters are using "the right to bear arms" as a justification of his armed refusal to obey a court order that the Bureau of Land Management should confiscate his cattle for his non-payment of fees for use of Federal Land.

He seems to be ignoring Article I, Section 8 of the Constitution that includes:

“To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

“To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the militia according to the discipline prescribed by Congress;”

Thus my general tendency to regard as wholly untenable any approach to the Constitution that describes itself as obviously correct and condemns its opposition as simply wrong holds for the Second Amendment as well.  The Constitution contains too many phrases that are open to interpretation.

A Tea Party member stated on a To the Best of Our Knowledge broadcast that she could determine the writers' intent by reading the Constitution.  She must be more knowledgable than the Justices of the Supreme Court.  They rarely have unanimous decisions. Even if they do, the decision can be overturned by a later court.  Consider that the "separate by equal" case justifying school segregation was overturned later by "Brown vs, Board of Education".

Even decisions on the Second Amendment have changed over time.

One of the early cases was US v. Cruikshank (1876) where the defendants were accused of threatening citizens of African descent who were exercising their own rights to peaceably assemble.

If the Second Amendment was intended as an individual right, then shouldn’t the slaves have had the right to bear arms for self-defense against oppressive slave owners and overreaching state governments that condoned slavery?

In Presser v. Illinois (1886), Presser claimed that the armed parade he was leading was protected by the Second Amendment.  Illinois law forbade anybody to form a military company without a license from the state.  The Supreme Court ruled against Presser.  Among the arguments was,  “The exercise of this power [to regulate the militia] by the states is necessary to the public peace, safety, and good order. To deny the power would be to deny the right of the state to disperse assemblages organized for sedition and treason, and the right to suppress armed mobs bent on riot and rapine.”

Justice James Clark McReynolds wrote the opinion in US vs. Miller (1939) that The National Firearms Act was not unconstitutional as an invasion of the reserved powers of the States and not violative of the Second Amendment of the Constitution.  McReynolds was a very conservative judge who opposed much of Roosevelt’s New Deal legislation.
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Then everything changed with District of Columbia v. Heller in 2008.  One of the pronouncements is “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”

This reads as if written by an “activist judge” who interprets the Constitution to suit ideological beliefs rather than what the Constitution actually says.  This is surprising to come from a judge appointed by a president of a party who long railed against “activist judges”.

I wonder if the current Supreme Court would rule in Cliven Bundy’s favor because the Congress does not have the authority to call out the militia “to suppress insurrections”.  I wonder that if many in Congress voted to call out the militia would the Republicans then do everything they could to stop this action.

As so many of us are, the Republicans seem to be selective in which laws they support and which they oppose.  Are not laws prohibiting abortion an imposition on individual liberty?  Are not laws favoring certain religious views in schools an imposition on those who do not have those views?

And Republicans seem the most eager to have a large standing army to go anywhere the President wants for whatever reason.  Boy!  Talk about not following the intent of the Founders.

What is an independent to do?  “Conservatives” want to go back to a past that never was, and “Liberals” want a future that will never be.

Sunday, May 19, 2013

There is more to the U. S. Constitution than the 2nd Amendment

The NRA and others cite the Second Amendment as giving individuals the right to bear arms.  One justification they give is "the people" need arms to protect themselves against "the government".  However, they neglect Article II, Sec 8, of the Constitution:  Congress has the power "to call out the militia to suppress insurrection".

If you use your guns to "protect you" from the government, then you are involved in an insurrection.  If you are in an insurrection, then the Constitution gives Congress the power to suppress your insurrection.  Suppressing an insurrection includes taking the guns from those in the insurrection.

George Washington was involved in putting down the Whiskey Rebellion, a tax revolt from 1791-1794.  See "Whiskey Rebellion", Wikipedia.  The Whiskey Rebellion was quite a complicated affair, but popular support seemed to be in favor of the suppression of the rebellion.  Another interesting point that some make: it was also a conflict between large distillers who paid less per gallon than small, individual distillers who paid more per gallon.

The last great Republican President put the down the biggest insurrection of all, the Civil War.

See also "Is the N.R.A. Un-American", Stanley Fish, New York Times, 2013-05-13.

Sunday, January 23, 2011

Second amendment rights, to what purpose?

"A 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."

Like so much in the U. S. Constitution, the second amendment is open to a variety of interpretations.  One that is used by many is that gun ownership is needed to protect oneself against the government.

Those who hold to this interpretation ignore Article I, Section 8, which includes the power of Congress "To provide for the calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions" and Article III, Section 2, which includes "The President shall be Commander in Chief of … the Militia of the several States when called into the actual Service of the United States".

This has happened at least twice.  George Washington, as Commander in-Chief, lead forces against the insurrection of the those tax-evading participants of the Whiskey Rebellion.  Old George knew what he was doing; he had been president of the Constitutional Convention.  Abe Lincoln was Commander in Chief of the various militia against the insurrection of the Southern States.

If you want to have a gun to protect yourself against the government, the government has the constitutional right to call out the militia to protect itself against you.

Sunday, June 20, 2010

Second Amendment and Insurrection

"A 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."

- Second Amendment to the Constitution of the United States

Many people are using this amendment to justify carrying guns to defend themselves against what they believe is the tyranny of the state.  But the amendment doesn't mention the security of the "people"; it says that a militia is necessary for the security of the state.

Moreover, Article I, Section 8, enumerating the powers of Congress states that it shall have the power

"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;"

Some of the people who want to be armed against a tyrannical state give a broad definition of the Militia, citing some law defining the Militia, that the Militia includes most adult males.

So, if those arming themselves against a tyrannical state rise up against a state they judge tyrannical, then they should obey Congress when they are called upon to put down their own insurrection.

Oh, well!  As I read somewhere lately, the Constitution is not a coherent philosophical document, but a political document full of compromises and sometimes inconsistencies.  Too many people are making it a philosophical document, selecting only those clauses that support their political beliefs.

Monday, April 19, 2010

By all means let us return to the intent of the Founders

But be careful what you ask for!

"The intent of the Founders" is one of the rallying cries of the Tea Parties and others who are unhappy with certain events in Washington.  One of their charges is that health care is not in the Constitution; therefore health care legislation is unconstitutional.  But the U.S. Flag and the Pledge of Allegiance are not mentioned in the Constitution, does that mean they are unconstitutional?

The Founders were against standing armies.  In his Farewell Address, George Washington said, "they will avoid the necessity of those overgrown military establishments which, under any form of government, are inauspicious to liberty…"  Yet some of those who want to follow the intent of the Founders, want an even larger military (without paying taxes for it).

One of the intent of the Founders was for Congress to establish post offices and post roads.  I wonder if the Founders would have called for the privatization of the Post Office.  This same section of the Constitution gives Congress the power "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions".  I wonder if gun-toting Tea Partiers realize that the Founders might consider them insurrectionists!!

One thing the Founders seem to have that few anywhere on the political map seem to have - humility.  Unlike partisans of all stripes who think they have all the answers, the Founders knew that they couldn't foresee how the country would develop.  Therefore, the Founders charged Congress with making specific laws and included in the Constitution the mechanisms for amending the Constitution.

Sources:
U.S. Constitution - http://www.nara.gov/exhall/charters/constitution/constitution.html
George Washington's Farewell Address - http://www.100megspop3.com/bark/Beware.html