Random Blogging – Page 382

Downside of Democracy

Many years ago, during a discussion with a friend whose husband served in the Indiana House, she said something I’ve always remembered: “The problem with representative democracy is that it is representative.”

This session of the Indiana Legislature seems intent on proving the point.

If you’ve been following national news, you may be thinking that those we elected to the General Assembly couldn’t possibly be as crazy as, for example, the South Dakota lawmaker who sponsored a bill that would have made it legal to shoot abortion doctors (he withdrew it in the wake of the publicity), or the Arizona legislator who responded to the horrific shootings in Tucson by sponsoring a bill to allow concealed guns to be carried anywhere, or the Wisconsin Governor who is threatening to call out the National Guard if public workers protest his efforts to strip them of bargaining rights they’ve had since the 1950s.

But you’d be wrong.

Think an anti-bullying bill should be a slam-dunk? Think again. The Senate Committee killed it on a 3-5 vote. Opponents expressed an uncharacteristic concern for the First Amendment rights of schoolchildren…especially their right to express anti-gay sentiments.

Speaking of child safety, surely a bill to require all child care providers to meet health and safety requirements—staff criminal history checks, fire safety, drug testing and the like—should be a no-brainer? Wrong! Advance America’s Eric Miller brought in God’s folks to testify that the bill gave government “too much authority over Church ministries,” and the bill died without a committee vote.

Wisconsin isn’t the only state trying to strip public employees of bargaining rights—here in Indiana, a bill to abolish Indiana’s merit system has emerged from committee. And Mike Delph’s effort to have Indiana emulate Arizona by targeting people who “look like” they might be illegal immigrants is moving along nicely (never mind that Arizona’s convention bookings declined 36% in the wake of that state’s law, and never mind that immigration is an exclusively federal responsibility).

And of course, our “representative representatives” aren’t content with defeating the anti-bullying bill, and reviving the bill to amend the Indiana Constitution to ban same-sex marriage. Taking their war against gay Hoosiers up a notch, there’s an upcoming committee vote on a bill to prohibit state universities from providing domestic partner benefits.

The haters and the crazies are well represented in the Indiana General Assembly. The rest of us, not so much.

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Why We Are Freaked Out

A friend sent me this brief video played by Sony at a recent shareholders meeting.

I’ll think about this the next time I hear someone cry “I want my country back!” As it vividly shows, the pace of change has accelerated dramatically–possibly more dramatically than many people can handle. It doesn’t make angry, uninformed and venomous behavior excusable, but it does help us to understand the source of much of the discomfort.

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Tea Party Originalism

David Schultz is a colleague (and co-author of my recent textbook, American Public Service: Constitutional and Ethical Foundations) who has written a timely article for Salon. It’s the sort of article that should be read by the very folks who won’t read it, because it actually takes one of the Tea Party’s avowed purposes—constitutional originalism—seriously.

“With reverence and awe, Michele Bachmann and the Tea Party pay homage to the original Constitution and framers who drafted the document in 1787. The House of Representatives, in a nod to them, began its session this year by reading it. Bachmann even brought Antonin Scalia to a seminar on the Constitution for members of Congress, where the Supreme Court justice instructed members to read the Federalist Papers and follow the framers’ original intent. Moreover, many of the Tea Party’s political positions, such as opposition to President Obama’s healthcare reform program, are rooted in their adherence to the original document.

But what if they actually got their way? If a Tea Party constitutional reading suddenly took sway and we returned to the original document as conceived, what would the American republic look like?”

David begins by pointing to the obvious: the right to vote wasn’t part of the original constitution. Voting rights were largely left to state law, and in 1787 most states limited the franchise to white, male, Protestant property owners, age 21 or older. There was no direct popular voting for president or the United States Senate, and there wasn’t even language that addressed voting for members of the House of Representatives. It took the 17th Amendment, adopted in 1913, to allow for people to vote for their senators (an amendment many Tea Party activists wish to repeal), and the 19^th Amendment before women could vote.

As David points out, Michelle Bachmann—self-proclaimed devotee of the Constitution—could neither vote nor serve if we still followed the original document. The Senate wasn’t chosen by popular vote originally, and the President still isn’t.

“Even if we consider the Bill of Rights, which was adopted in 1791, to be part of the original Constitution, there are still many limits on its use. Most importantly, as written, the Bill of Rights limited only national power — not state power. Notice how the First Amendment begins by declaring, “Congress shall make no law. ” … a state could take an owner’s property through eminent domain without compensating him.

Subscribe to an original intent reading of the Constitution and states are free to disregard individual rights, including free speech, property, religion and others. States did just that in the early years of the Republic and into the 20th century before the Supreme Court used the 14th Amendment to apply Bill of Rights provisions to the states. Most recently, the Supreme Court (with Scalia supporting it) used this incorporation tactic to apply the Second Amendment right to bear arms to states. A Tea Party constitutionalist could not have done this. So much for states as protectors of individual freedom.”

Then of course, there are aspects of the original Constitution that even most Tea Party members find inconvenient. In their much-ballyhooed reading of the constitutional text on the floor of the House at the beginning of this session, these fearless defenders of originalism simply omitted that pesky provision about slavery.

It’s hard not to see similarities between the way so many of these “God and Country” zealots read the Constitution and the way they read the bible—very selectively.

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Nuts and Bolts

As the Republican party has continued to move to the right, long-time GOP operatives responsible for the nuts and bolts of elections and messaging are become more concerned. A lot of the grumbling has been behind the scenes, but some party officials are “coming out” with their criticisms. Case in point:

“Colorado Republican Party Chairman Dick Wadhams dropped his reelection bid on Monday, and fired some parting shots at the Tea Party and the hard-line conservatives he thinks are hurting the party’s electoral success.

“I have tired of those who are obsessed with seeing conspiracies around every corner and who have terribly misguided notions of what the role of the state party is while saying ‘uniting conservatives’ is all that is needed to win competitive races across the state,” Wadhams wrote in a memo to the Colorado Republican State Central Committee obtained by The Denver Post.”

When the man who had been dubbed “Karl Rove’s successor” tells the Denver Post that he has “loved being chairman” but is “tired of the nuts,” it’s telling.

It is hard not to sympathize with Wadhams. It sometimes does seem that the inmates are running the asylum. A friend shared a recent “Petition” sent from one Leo Toby, of Orleans, Indiana to Speaker of the House John Boehner and the Republican leadership; it began with a variety of “whereas” clauses, followed by a demand that they vote not to raise the debt ceiling, and it concluded with the following paragraph:

“Republicans and Democrats,

Let there be no doubt that if the mandates of the election of 2010 are not realized by the Republican Congress, we will vote you out of office in 2012. We are not joking when we tell you that we have had enough. Got it????

We expect nothing from the Marxist Democrats that (Including John McCain, Lindsey Graham, Susan Collins, and some other Republicans in name only) will save the republic because they have demonstrated over and over again their intention of destroying the United States . They intend to reduce us to a third world country. Making the entire world miserable is not the answer and we will fight to the bitter end no matter what it takes.”

In what alternate universe is Lindsay Graham a Marxist?

Nuts indeed. No wonder Republicans are bolting.

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Snow, Ice and Climate Change

As predictable as it has been, it is discouraging to hear climate change denialists point to the massive amounts of ice and snow as evidence that “global warming” is imaginary. These are not folks who are conversant with science, so perhaps we should explain–very slowly and carefully–why global climate change, aka “global warming”–really is responsible for the bad weather.

As one climate scientist recently explained, there’s approximately four percent more water vapor in the atmosphere now than there was in the ’70s; that’s because the oceans and the air are warmer, and the added moisture in warmer air returns to earth as heavy rain and heavy snow.

This may not make sense to Glenn Beck or Sarah Palin, but most rational people can connect the dots, and understand why we need to limit carbon emissions. If we don’t, climate change will continue to cause extreme and unpredictable weather.

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