Constitution

After Boston, Senators Aim to Deny Your Rights

In a statement released via Facebook, Senators Lindsey Graham (R-SC) and John McCain (R-AZ) made the case for (1) denying the Miranda rights of the Boston marathon bomber and (2) to hold him without trial as an enemy combatant, regardless of his status as a US citizen.

“Nonsense!” you may say, “They don’t want to deny my rights, just those of Dzhokhar Tsarnaev.” While this Dzhokhar guy is truly a first class piece of crap, selectively denying the rights of one US citizen “just because two Senators say so” is an affront to the liberties we all enjoy.

The statement, posted on Senator Graham’s Facebook page, reads in full (with emphasis added in bold):

Just put out this statement with John McCain about the suspect captured in Boston and whether they should be held as an enemy combatant.

“We truly appreciate the hard work and dedication of our law enforcement and intelligence communities.

“It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city. The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorists trying to injure, maim, and kill innocent Americans.

Shame on You, Johnny Isakson

Johnny Isakson

It hasn’t been a good few weeks for me if I wanted to be proud of my senators.  First, we had Saxby Chambliss use a ridiculous argument against same-sex marriage, and now we have Johnny Isakson’s opposition to a filibuster on gun control legislation.

Isakson’s office is reportedly saying he opposes the legislation, and that may be true, but he sees no problem with it passing.

You see, the United States Senate is in the hands of the Democrats.  They want this to become law.  That means it’s likely to pass the Senate.  Isakson isn’t a complete moron.  He knows this.  He knows that in a vote, the bill passes.

He should also know that he swore and oath to “support and defend the Constitution of the United States”, and on that he’s falling down on the job.

The problem stems from the misguided idea that universal background checks would do anything to curb violence in this country.

Folks, gang bangers, drug cartels, and other violent groups aren’t exactly deterred by laws. They’re criminals. By definiton, they skirt the law.  A universal background check will put more of a burden on the law abiding citizen who would like to purchase a gun from a buddy.

Isakson should know this.  I suspect he does know this.  However, instead of supporting an effort that is both legal and ethical as a way to block this, he’s arguing that members of his own party should sit down, shut up, and do nothing as they watch this nation go further down the tubes.

ObamaCare’s “Family Glitch” Exposed

Obama signs ObamaCare

Let’s put aside for a minute that ObamaCare is unconstitutional, adds $6.2 trillion in debt, piles on countless new taxes, and has already racked up $31 billion and 71.5 million hours in regulatory compliance costs.  Yes, that’s a lot to put aside.  But for just a moment assume the role of a liberal with an entitlement mentality.  For a law with enormous riches and political capital invested in it, wouldn’t you expect it to at least function on its most basic level consistent with its namesake?  In other words, you would expect for the Affordable Care Act to provide affordable coverage.

The latest of ObamaCare’s fundamental flaws to be euphemistically reported as a “glitch” that needs to be “tweaked” is its failure to provide affordable family coverage for a broad group of employees.  As a result, Kaiser Family Foundation estimates that 3.9 million family dependents may not be able to afford employer-sponsored family coverage or receive subsidized coverage on an ObamaCare exchange.

Understanding the family glitch requires a quick primer on the byzantine regulatory structure governing Obamacare’s subsidies:

The Constitutional Case for Same-Sex Marriage

As the Supreme Court will hear oral arguments this week on both Hollingsworth v. Perry - the challenge to California’s Proposition 8, which banned gay marriage in the state - and U.S. v. Windsor - the challenge to the 1996 Defense of Marriage Act (DOMA), which recognized marriage at the federal level as between a man and a woman – state and federal laws effecting marriage equality face their first legal confrontation with the Judicial Branch. Herein I make the constitutional case for marriage equality that respects both individual and religious liberties.

Last week, Senator Rand Paul proposed removing federal recognition of marriage - for everyone – telling Bob Costa at the National Review:

The Potential of Rand Paul

Senator Rand Paul

Following the 2012 presidential election, many Republicans found themselves in a state of shock. To lose to a president whose policies had not only been controversial but had failed to stifle an enduring economic downturn seemed implausible. There were no doubt countless conservative voters who joined an incredulous Bill O’Reilly the next day asking, “What the heck happened last night?” In recent weeks, Kentucky Senator Rand Paul has provided an answer.

In the wake of his 13-hour filibuster and narrow victory in CPAC’s presidential straw poll last weekend, the freshmen senator has become an overnight sensation in American politics. Though much of the support for his dramatic defense of due process may have been partisan at first, it has generated a groundswell of soul-searching within the Republican Party.Conservatives have failed to provide a message that resonated with voters since the Bush administration and they have two failed presidential campaigns to show for it.

We Look to the Founders for their Expertise, Not for their Skin Color or Wealth (or “On Respecting Your Elders”)

Dr. Nathan Griffith is an associate professor of political science at Belmont University in Nashville, Tennessee. He teaches constitutional law, European politics, political economy, and methodology. He is currently on sabbatical while he finishes a forthcoming textbook on American government.

On the last day of the year past, Louis Michael Seidman wrote an op-ed in the New York Times advocating that we “give up on the Constitution,” as our following it had left us “teeter(ing) at the edge of fiscal chaos.”  He asks why “a lame-duck House, 27 members of which were defeated for re-election, (should) have a stranglehold on our economy?  Why does a grotesquely malapportioned Senate get to decide the nation’s fate?”  The heart of his objection comes with this:

“Imagine that after careful study a government official—say, the president (sic) or one of the party leaders in Congress—reaches a considered judgment that a particular course of action is best for the country.  Suddenly, someone bursts into the room with new information: a group of white propertied men who have been dead for two centuries, knew nothing of our present situation, acted illegally under existing law and thought it was fine to own slaves might have disagreed with this course of action.  Is it even remotely rational that the official should change his or her mind because of this divination?”

Standing on the Sidelines is Not an Option for the Freedom Movement

Below is the speech I gave last night at the FreedomWorks’ Spring Break College Summit at the Hyatt Regency Hotel in Washington, DC.

Before I get down to the crux of my talk this evening, I’ve gotta say, watching Senator Rand Paul’s epic 13-hour filibuster on Wednesday was nothing short of inspirational. For more than half a day, Senator Paul — aided at times by some of his colleagues, including Mike Lee and Ted Cruz — gave a brilliant defense of the Constitution and the Bill of Rights and challenged the notion of perpetual war.

While Democrats in Congress have claimed to be champions of civil liberties, it was the Tea Party, led by Senator Paul, defending due process. It was the Tea Party making the case against a government that could arbitrarily kill its own citizens on American soil. And it was the Tea Party who was fighting against an extraordinary expansion of executive power.

The message got out there. Senator Paul gained some 40,000 new followers on Twitter and the social media service reported that over 1-million tweets were sent about the filibuster. Ironically, it was Politico that recently suggested that hashtags were no longer relevant. The hashtag, #StandWithRand, pretty much killed that notion.

C-SPAN confirmed that they had received viewership that was on par with events like the presidential inauguration. The filibuster also had the profound effect of gaining support from individuals and groups who aren’t typically fans of Republicans, including John Cusack, Van Jones, and Code Pink.

And not only was this a courageous stand against a President who has abused his authority, but it was also a rejection of the GOP’s past, and they’re losing their minds because of it. We saw that the next morning when John McCain and Lindsey Graham had a complete meltdown on the Senate floor.

Parsing AG Holder on Domestic Targeted Killing

Written by Julian Sanchez, a research fellow at the Cato Institute. Posted with permission from Cato @ Liberty.

As I wrote on Thursday, I’m not really losing sleep over the prospect of domestic targeted killing, mostly because it seems as though it would be so manifestly politically radioactive even within the intelligence community that I doubt it could be done secretly, and would almost certainly provoke a constitutional crisis if it became public. That said, as Marcy Wheeler notes, if we look closely at the precise wording of Attorney General Eric Holder’s response to Sen. Rand Paul disavowing any such presidential prerogative, it’s actually phrased in a way that seems calculated to preserve a fair amount of wiggle room:

It has come to my attention that you have now asked an additional question. “Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?” The answer to that question is no.

Lindsey Graham is Ignoring the Constitution in Favor of Party Lines

Lindsey Graham

Lindsey Graham has declared war on the Constitution (on the same day Kim Jong Un declared war on his enemies… hmm…). What’s especially funny is that he couldn’t have chosen a less popular time to do so, as the Constitution — courtesy of #StandwithRand — is trending. With overwhelming support for Rand Paul’s filibuster coming from conservatives, libertarians, and even many Democrats; Graham, joined by John McCain, has decided that the possibility of the government killing Americans on American soil without due process is a non-issue.

Graham told POLITICO:

“I do mind our party taking a position completely different than we had with President Bush. I didn’t hear any of these people say anything during the Bush administration. Where were they? I just think it’s politics. I think it’s creating a straw man, creating a situation that doesn’t exist.”

First of all, let’s look at the issue of droning under President Bush. Not once did Senator Paul praise President Bush during his filibuster. Unlike his colleague, Senator Graham, Paul is able to look at an issue based on constitutionality instead of on which political party is at stake. If Senator Graham cared to remember those “good old days”, he might remember the huge anti-war movement that arose during Bush’s War on Terror. Much of that movement was directed at tactics such as waterboarding and use of drones, but the movement was against a Republican president. As a party-line opportunist, I guess it’s not all that surprising that there’s a bit of a memory gap for the senator.

Rand Paul, Tea Party Senators Stand Strong for the Constitution in Historic Filibuster

Rand Paul

“Epic,” “inspirational,” and “historic” are three words that best describe what I watched transpire on the floor of the United States Senate yesterday. At 11:47am, Sen. Rand Paul (R-KY) began his filibuster of John Brennan, President Barack Obama’s nominee to lead the Central Intelligence Agency, largely due to the lack of transparency from the Obama Administration on its drone program — specifically the targeted killing of Americans inside the borders of the United States.

The reasons that this gained so much interest was because it was an actual filibuster. This wasn’t a situation where Brennan couldn’t get 60 votes for cloture. Sen. Paul performed an old school filibuster, something that has become all too rare.

There was also another point that made this filibuster unique — Sen. Paul, along with several of his colleagues, spent nearly 13 hours talking substantive policy. There was no reading from a phone book or any other manner of time-buying tricks. Sen. Paul and others spent their time relaying a very pointed message about the Constitution, limits on executive power, and civil liberties.

For nearly 13 hours, Sen. Paul gave one of the most eloquent defenses of the Constitution that I’ve ever witnessed. He was joined at various times by Sens. Mike Lee (R-UT) and Ted Cruz (R-TX), both of whom spoke at length on the constitutional concerns over the policy.


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