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Repeal, Restrict and Repress: GOP Running Amok

Republican state lawmakers, emboldened by their swollen ranks, have a message for minorities, women, immigrants and the poor: It’s on!

In the first month of the new legislative season, they have introduced a dizzying   number of measures on hot-button issues in statehouses around the country as part of what amounts to a full-throttle mission to repeal, restrict and repress.

It wasn’t supposed to happen like this.

As Reuters pointed out this week, in the midterms, “Republicans gained nearly 700 state legislative seats and now have their largest numbers since the Great Depression, according to the National Conference of State Legislatures.”

Judging by the lead-up to those elections, one could have easily concluded that the first order of business on Republicans’ agendas would be a laserlike focus on job creation and deficit reductions to the exclusion of all else. Not the case.

As MSNBC and Telemundo reported recently, at least 15 state legislatures are considering Arizona-style immigration legislation. If passed, four of the five states with the largest Hispanic populations — California, Texas, Florida and Arizona — would also be the most inhospitable to them.

As Fox News Latino recently reported, state legislatures are poised to break the record on the number of immigration measures and resolutions introduced this year, having already introduced 600 by the end of last month. For comparison, 1,400 were introduced in total last year, according to a report issued last month by the state legislatures’ group. A record number of those laws were enacted.

And, according to the State Legislators for Legal Immigration, which was founded by State Representative Daryl Metcalfe, a Republican of Pennsylvania, lawmakers from 40 state legislatures have joined the group that last month unveiled “model legislation to correct the monumental misapplication of the 14th Amendment of the U.S. Constitution.”

On another note, Republicans in Kentucky, Missouri, Nebraska and Oregon are pushing legislation that would require drug testing of welfare recipients.

This despite the fact that, as the American Civil Liberties Union rightly pointed out, the policy is “scientifically, fiscally, and constitutionally unsound.” Other states have considered it but deemed it not feasible or impractical. In Michigan, the only state to implement it, only a tenth of those tested had positive results for drugs and only 3 percent had positive results for hard drugs, which the A.C.L.U. points out is “in line with the drug use rates of the general population.”

Most importantly, the Michigan law was struck down as unconstitutional, with the judge ruling that the rationale for testing people on welfare “could be used for testing the parents of all children who received Medicaid, State Emergency Relief, educational grants or loans, public education or any other benefit from that state.”

Despite all this, these states are pushing ahead because the made-for-the-movies image of a crack-addicted welfare queen squandering government money on her habit is the beef carpaccio of red meat for spending-weary, hungry conservatives.

On the gay rights front, Republicans in Iowa, Indiana, West Virginia and Wyoming (where Matthew Shepard was tortured to death) are pushing constitutional amendments to ban same-sex marriage.

Republican Rick Snuffer, a freshman delegate from Raleigh, W.Va., turned logic on its head when arguing for that state’s amendment. He chided Democrats’ pro-choice position, and reasoned that, “They don’t want you to choose your definition of marriage, so they’re not really pro-choice. If they’re pro-choice, let the people choose their definition of marriage.” So let me get this straight. To be pro-choice, one has to submit to the tyranny of the majority, which may seek to restrict the rights and choices of others?

This is exactly the kind of thinking that the shapers of the Constitution worried about. A quick read of the Federalist Papers would help Mr. Snuffer understand just how concerned they were about the danger posed by majority rule to personal freedom.

Republicans in New Hampshire have filed bills to overturn that state’s same-sex marriage law, even though, according to a recent WMUR Granite State Poll, the state’s residents want to leave the law in place by a majority of more than 2 to 1, and when asked which were the most important issues the State Legislature should address, “almost no one mentioned dealing with hot-button social issues such as gay marriage or abortion.” I guess that “let the people choose” argument only works when the people agree with the Republican position.

A Republican state representative in Utah has even gone so far as to introduce a bill that would bar same-sex couples from drafting wills.

According to The News and Observer in North Carolina, Republicans are considering severely narrowing or repealing the state’s recently enacted Racial Justice Act, which allows death-row inmates to use statistics to appeal their cases on the basis of racial discrimination.

Two studies of the death penalty in the state have found that someone who kills a white person is about three times as likely to be sentenced to death as someone who kills a minority.

And in Wisconsin, Republicans are pushing a bill that would repeal a 2009 law that requires police to record the race of people they pull over at traffic stops so the data could be used to study racial-profiling.

Furthermore, abortion rights advocates are now bracing for the worst. NARAL Pro Choice America is now tracking 133 proposed bills thus far this legislative season, and that’s just the beginning. Donna Crane, the policy director of the group, said earlier this month that thanks to the gains by conservatives in the Nov. 2 election, “2011 will be a banner year for anti-choice legislation in the states.”

Richard Gephardt once said, “Elections have consequences.” He was right, and the consequences of the last election could well be a loss of liberty, choice, access and avenues of recourse for many. Brace yourselves. It’s on!

By: Charles M. Blow, Op-Ed Columnist, The New York Times-February 11, 2011

February 13, 2011 Posted by | Equal Rights, Justice, Liberty | , , , , , , , , , , , , , , | Leave a comment

The Conservative Constitution of the United States

House members opened the 112th Congress on Thursday by reading aloud the Constitution, presumably as a first step toward fulfilling the tea party’s goal of “restoring” our nation’s founding document. However, an alternative text was reportedly circulated in secret among incoming GOP lawmakers, representing the Constitution they hoped to read aloud when the 113th Congress began. Here, revealed in public for the first time, is the Conservative Constitution of the United States of Real America.
 

TeaParty Sacred Text?

 

We, the Real Americans, in order to form a more God-Fearing Union, establish Justice as we see it, Defeat Health-Care Reform, and Preserve and Protect our Property, our Guns and our Right Not to Pay Taxes, do ordain and establish this Conservative Constitution for the United States of Real America.

 

Article I

Congress shall have only the powers literally, specifically and expressly granted herein, and no others. That means definitely, without question, absolutely, no regulation of the Health Insurance or Financial Services industries. The Senate of the United States shall be composed of two Senators from each State, elected not directly by the People, but by other people whom the People have elected to better represent the People.

Any law enacted by Congress and signed by the President may be overturned by the vote of three or more States if they find it burdensome, offensive, annoying or in any way touching on Health Insurance, Property Rights or Guns.

Congress shall have no power to raise Taxes except on February 29, and then only if all the People of the United States approve such a measure unanimously, in writing and in English.

Congress shall balance the Federal Budget, preferably by eliminating the Departments of Labor, Energy, Education and State.

The preceding provision shall not apply to spending for the Department of Defense, appropriations for which shall increase three times as quickly as the growth in gross domestic product and upon the approval of House leadership in conference with Boeing, Halliburton, the Ashcroft Group and Kissinger Associates.

Arizona shall have the power to regulate Immigration.

Article II

 No person except a natural-born Citizen who can produce video, photographic or eyewitness evidence of birth in a non-island American State shall be eligible to the Office of President.

The President shall faithfully execute the laws, except when, as Commander in Chief, he decides he’d really rather not.

The President shall not negotiate any Treaty without first receiving a signed and notarized note granting him permission, personally executed by every member of the Senate and the House, all 50 Governors and the editorial board of the Weekly Standard. Suspected Terrorists shall be taken to Guantanamo and drawn and quartered in a public ceremony. Trials are optional, but if they occur, must be conducted in a Military Tribunal in which coerced statements are admissible so long as they support a Guilty verdict.

Article III
  
Judges shall strictly construe this Constitution, and we mean strictly, and shall under no circumstances cite, refer to, read or mention at cocktail parties or  cookouts any  principle or provision of International Law.
 
 AMENDMENTS

1. Congress shall make no law abridging the Freedom of Speech, except where citizens desecrate the Flag of the United States; respecting an establishment of Religion, except to support Christian schools, religious apparitions in food products and the display of crosses and creches in public places; or abridging the free exercise of Religion, except to block the construction of mosques in sensitive areas as determined by Florida Pastors or the Fox News Channel.

2. The right to bear Semi-Automatic Weapons, AK-47s or Bazookas shall not be infringed by background checks, safety locks, age limits or common sense.

3. The right of Corporations, Hedge Funds, Business Leaders and Lobbyists to spend endless cash on campaigns and influence-purchasing shall not be infringed. The so-called right of Unions to associate shall be denied as fundamentally un-American and contrary to the agenda of the Chamber of Commerce.

4. Marriage and the benefits thereof shall be restricted to the Union of a Man and a Woman, consecrated in a Christian house of worship, with vows to expose any and all progeny to daily viewings of Bill O’Reilly.

5. All persons born or naturalized in the United States are Citizens of the United States of Real America only if their parents, grandparents and great-grandparents were Citizens, and only if they pledge opposition to Health Insurance Reform or New Taxation. Any Citizen convicted of providing material support to Terrorist organizations, wearing clothing bearing images created by Shepard Fairey, or displaying Nancy Pelosi bumper stickers shall be stripped of Citizenship.

6. Aliens, of this world or another, shall have none of the rights guaranteed herein to Citizens.

7. Corporations shall have all of the rights guaranteed herein to Citizens, and then some.

8. No White Male shall be denied equal protection of the law through Affirmative Action or otherwise. In keeping with the intent of the Framers, as discerned by the Honorable Justice Antonin Scalia, distinctions on the basis of sex shall not be deemed to deny equal protection.

9. The right to be uninsured and make other people pay the costs of one’s Health Care shall not be infringed under any circumstances.

10. Congress shall make no law limiting Americans’ right to warm the Planet by using all the energy they darn well please.

11. The Unborn shall have the rights to life, to vote, to bear arms, to practice Religion except in a mosque in Lower Manhattan (see First Amendment) and to make campaign contributions, but once the child is born, it shall have no rights if it is an Alien (see Sixth Amendment).

12. No one may be required to do anything He or She does not want to do. Ever.

Done in Convention by the Unanimous Consent of the Members present the Sixth Day of January in the Year of our Lord Two Thousand and Eleven. In witness whereof We have hereunto subscribed our names, [REDACTED]

By: David Cole who teaches Constitutional Law at Georgetown University and is the legal affairs correspondent for the Nation : Published, Washington Post-January 6, 2011

January 11, 2011 Posted by | Constitution | , , , , , , , , , , , , , | Leave a comment