Their Concept Is Correct, The Patriotism Is Lacking

The Washington Examiner posted an article today about some recent comments by Senate Minority Whip Dick Durbin.

The article reports:

Senate Minority Whip Dick Durbin, D-Ill., was pressed on this “dilemma” that Democrats face as the 2018 midterms approach during an interview on NBC’s “Meet the Press.”

“Staying united to stop the Supreme Court pick could cost you red state senators. Not fighting it as hard might allow the red state senators to get re-elected and get Democrats in control of the Senate. That’s your dilemma,” host Chuck Todd posited on Sunday.

Durbin conceded that it is a dilemma “in one respect,” but made that case for how it is a trade off Democrats are willing to make.

“It is a dilemma in one respect, but not in another. I will tell you, the men and women that I work with on the Democratic side really take this seriously. They understand it’s an historic decision. It’s about more than the next election,” he said, adding that the issue is about setting the future course for the country.

The balance on the Supreme Court has been slightly left on social issues because of the views of Justice Kennedy. Replacing Kennedy with a conservative justice who believes that the Constitution is the law of the land might change the court for generations. That might change many things. The main thing the Democrats are worried about is Roe v. Wade.

In 2013 Justice Ruth Bader Ginsburg made a very interesting comment about Roe v. Wade (article here):

Those more acquainted with Ginsburg and her thoughtful, nuanced approach to difficult legal questions were not surprised, however, to hear her say just the opposite, that Roe was a faulty decision. For Ginsburg, the landmark 1973 Supreme Court decision that affirmed a woman’s right to an abortion was too far-reaching and too sweeping, and it gave anti-abortion rights activists a very tangible target to rally against in the four decades since.

Ginsburg and Professor Geoffrey Stone, a longtime scholar of reproductive rights and constitutional law, spoke for 90 minutes before a capacity crowd in the Law School auditorium on May 11 on “Roe v. Wade at 40.”

“My criticism of Roe is that it seemed to have stopped the momentum on the side of change,” Ginsburg said. She would’ve preferred that abortion rights be secured more gradually, in a process that included state legislatures and the courts, she added. Ginsburg also was troubled that the focus on Roe was on a right to privacy, rather than women’s rights.

Roe isn’t really about the woman’s choice, is it?” Ginsburg said. “It’s about the doctor’s freedom to practice…it wasn’t woman-centered, it was physician-centered.”

What the frantic pro-abortion people are not telling you is that overturning Roe v. Wade would not end abortion–it would simple give the states the right to decide the issue for themselves (in accordance with the Tenth Amendment) as was the case before 1973.

What the hysteria over this judicial pick illustrates is that we have wandered from the intent of our Founding Fathers. The Founding Fathers envisioned the judiciary as the weakest branch of government–they were not elected and theoretically had little power–they did not make laws–Congress did. In 1803 Marberry v. Madison established the principle of judicial review, and the courts assumed power they were never intended to have. It is telling that American law students do not study the U.S. Constitution–they study case law.

President Trump has every right to have his nominee for the Supreme Court approved. Hopefully the Democrats will respect that right. Candidates should be judged on their qualifications–not their politics. Democrats pushed through some very left wing judges under President Obama after invoking the nuclear option. The Democrats demanded that the Republicans vote on qualifications rather than politics. It’s time for the Republicans to demand that same courtesy from the Democrats.

Does This Make Sense To Anyone?

California has declared itself a sanctuary state. Frankly, that is unconstitutional–even under the Tenth Amendment.

The Tenth Amendment states:

The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the states, to either the states or to the people.

Securing the borders is one of the powers delegated to the federal government, so California’s declaration that they are a sanctuary state is unconstitutional. However, there are other aspects of the actions of California that need to be looked at.

Yesterday The Western Journal reported that California will raise tuition for out-of-state students by nearly $1,000, a hike that will not apply to illegal alien students. So an illegal alien will pay less for an education in California than a legal American citizen from another state. That seems a little odd to me.

The article reports:

California Assembly Bill 540 mandates that illegal alien students can obtain in-state tuition if they attend high school in the state for a minimum of three years and earn a California high school diploma.

…UC regent chair George Kieffer reported that UC students have 31 percent less funding each in 2018 when compared with their 2000 counterparts.

“California is perpetually broke,” Mehlman told TheDCNF. “And yet they manage to come up with services for illegal aliens.”

The immigration advocacy spokesman elaborated on services the state provides to illegal aliens, such as grants, public housing, as well as various other state and local services.

Mehlman postulated that about half of illegal aliens work “off the books” and the other half use “bogus social security numbers.”

The demographic costs California taxpayers over $25 billion per year, according to FAIR.

TheDCNF reached out to the California Immigrant Policy Center for comment but received none in time for press.

I think if I were a legal American student from another state I would sue for discrimination. This policy makes no sense.

Remember The Tenth Amendment?

The Tenth Amendment of the U.S. Constitution states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Hill is reporting today that the Task Force on 21st Century Policing, formed by President Obama after three events last year which involved the death of black Americans, has recommended that all officer-involved shootings be reported to the federal government. I believe that this recommendation is in direct violation of the Tenth Amendment of the United States Constitution. The states are in charge of local police departments–not the federal government. This is a dangerous consolidation of power by the federal government.

The article reports:

The Obama spokesman said the administration would take into account whether a state or local agency was following the recommendations when considering grant applications.

“[T]he president has asked the Community Oriented Policing Services Office at the Department of Justice to take responsibility for advancing the work of the task force, including prioritizing grant funding to law enforcement agencies that meet appropriate benchmarks that are related to these recommendations,” Earnest (White House press secretary Josh Earnest) said. 

This is how government takeovers work–we have seen it in education–the government gives money for education to states if the states are willing to comply with certain government programs. If the states do not comply, they do not get government money–it is a subtle takeover of something that the states are supposed to control.

A government takeover of local police departments is a serious threat to our representative republic. Also note that the government has been giving used military equipment to our local law enforcement agencies–equipment that is not appropriate for use on the streets of towns and cities in America.

An Interesting Development For The Political Left In America

The political left in America loves the United Nations. When the U.N. condemns Israel and supports countries that routinely practice persecution of non-Muslim religions, the political left in America doesn’t seem to notice. When the U.N. creates gun treaties that will take away Americans’ Second Amendment rights, the political left doesn’t worry about American sovereignty. Well, the question of American sovereignty is about to impact some of the political left.

Reuters posted a story yesterday reporting that Yury Fedotov, executive director of the United Nations Office on Drugs and Crime (UNODC), has told reporters that moves by some U.S. states to legalize marijuana are not in line with international drugs conventions.

The article reports:

“I don’t see how (the new laws) can be compatible with existing conventions,” Yury Fedotov, executive director of the United Nations Office on Drugs and Crime (UNODC), told reporters.

Asked whether there was anything the UNODC could do about it, Fedotov said he would raise the problem next week with the U.S. State Department and other U.N. agencies.

I have stated before that I do not support the legalization of marijuana. However, I do support American sovereignty and states’ rights. Under the U.S. Constitution, the states have all authority not enumerated as federal authority (Tenth Amendment). I believe that according to the U.S. Constitution, the states are within their rights to legalize marijuana. Has America given the U.N. sovereignty over our states?

The article concludes:

On the international level, Uruguay‘s parliament in late 2013 approved a bill to legalize and regulate the production and sale of marijuana — the first country to do so.

The International Narcotics Control Board (INCB) has said Uruguay’s new bill contravened the 1961 Single Convention on Narcotic Drugs, which it says requires states to limit the use of cannabis to medical and scientific purposes, due to its dependence-producing potential. The Vienna-based INCB monitors compliance with this and two other drug control treaties.

This could get interesting.

 

 

Taking Action On ObamaCare

On Thursday the Washington Times posted an article about a law making its way through the South Carolina legislature. The South Carolina House of Representatives passed a law to make President Obama’s Patient Protection and Affordable Care Act (ObamaCare) “null and void,” and criminalize its implementation.

The article reports:

The state’s Freedom of Health Care Protection Act intends to “prohibit certain individuals from enforcing or attempting to enforce such unconstitutional laws; and to establish criminal penalties and civil liability for violating this article.”

Governor Nikki Haley stated:

“To that end, we will not pursue the type of government-run health exchanges being forced on us by Washington. Despite the rose-colored rhetoric coming out of D.C., these exchanges are nothing more than a way to make the state do the federal government’s bidding in spending massive amounts of taxpayer dollars on insurance subsidies that we can’t afford.”

The bill went to the South Carolina Senate on Thursday and has been moved to the Committee on Finance. This could be the making of a states’ rights Supreme Court case or simply a major Constitutional crisis. Any legal challenges to this law would be related to the Tenth Amendment of the U. S. Constitution.

The Tenth Amendment states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Stay tuned, this could get very interesting.

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