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Tag Archives: U.S. Constitution

“Nulli vendemus, nulli negabimus aut differemus rectum aut justiciam.”

07 Monday Apr 2025

Posted by Michael Bersin in Uncategorized

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Tags

deportation, dictatorship, due process, Fascist pigs, Fifth Amendment, John Roberts, Magna Carta, right wingnuts, stay, U.S. Constitution, U.S. Supreme Court

“We will sell to no one, we will deny to no one or postpone what is right or justice.” – Magna Carta

Today, from the Chief Justice of the U.S. Supreme Court:

Supreme Court of the United States

No. 24A949 [pdf]

KRISTI NOEM, SECRETARY OF HOMELAND SECURITY, ET AL.,
Applicants

v.

KILMAR ARMANDO ABREGO GARCIA,
ET AL.

O R D E R

UPON CONSIDERATION of the application of counsel for the applicants,

IT IS ORDERED that the April 4, 2025 order of the United States District Court for the District of Maryland, case No. 8:25-cv-951, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Tuesday, April 8th, 2025, by 5 p.m. (EDT).

/s/
John G. Roberts, Jr.
Chief Justice of the United States

Dated this 7th
day of April 2025.

Justice delayed is justice denied.

We live in a dictatorship.

Too stupid to remember to breathe

23 Wednesday Jun 2021

Posted by Michael Bersin in Josh Hawley, US Senate

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Tags

Asshole, blowhard, demagogue, ignoranimus, Josh Hawley, maroon, missouri, racism, right wingnut, U.S. Constitution, U.S. Senate

It’s there. In ink.

The first page of the United States Constitution [1787] – National Archives

The first page of the United States Constitution [1787] – National Archives – detail

[….]
Article. I.
[….]
Section. 2.
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
[….]

Yesterday:

The Recount @therecount
Sen. Josh Hawley (R-MO): “I’m worried that President Biden is nominating for federal office individuals … who believe that this is a country founded in racism …”
[….]
12:57 PM · Jun 22, 2021

Josh Hawley (r) [2016 file photo].

Maroon.

Previously:

Senator Claire McCaskill (D) – town hall in Warrensburg – Press Q and A – August 17, 2017 (August 17, 2017)

What passes for a flatbed truck at “…Yale, I think, or Harvard, one of those, one of those fancy ones…” (August 16, 2018)

Josh Hawley (r): throwing shit against the wall to see if anything sticks (December 30, 2020)

Josh Hawley (r): ladders and rakes (December 30, 2020)

Ladder Climbing 101: by the book (December 31, 2020)

Burning bridges (December 31, 2020)

Sedition, sedition…sedition (January 2, 2021)

What it is, is sedition… (January 3, 2021)

If you can’t stand the heat, trample people on your way to a live mic (January 3, 2021)

Nothing much going on. Why do you ask? (January 3, 2021)

The third Senator from Virginia (January 5, 2021)

Fascist pig (January 6, 2021)

What hath Josh Hawley (r) wrought? (January 6, 2021)

Josh Hawley (r): Dumbass (January 7, 2021)

Sedition is bad for business (January 11, 2021)

HCR 10 and HCR 11 (January 12, 2021)

Josh Hawley (r): “I no mye misoori constitutents our reely stoopit.” (January 14, 2021)

Ignite (January 15, 2021)

Campaign Finance: Dayam (January 16, 2021)

Penrose on Politics: Taps Closed to Insurrectionists (January 17, 2021)

Josh Hawley (r): Why not add “obstructionist asshole” to the list, it’s just one more thing, right? (January 21, 2021)

Penrose on Politics: Hawley’s Hallmark Moment (January 23, 2021)

Josh Hawley (r): looking ahead to 2024 (January 23, 2021)

After 17 days of silence (January 24, 2021)

Yeah, but those seven Senators didn’t pump their fists at insurrectionists immediately before the breach of the Capitol (January 25, 2021)

A shooting star elbow drop from the ropes (January 28, 2021)

Josh Hawley (r): you got your wish (January 31, 2021)

If Josh Hawley (r) steps in front of a microphone today we get six more weeks of sedition. (February 2, 2021)

On the wrong side of everything (February 3, 2021)

Penrose On Politics: Hawley’s Crybaby Tour (February 6, 2021)

You got that one right (February 8, 2021)

Senator “Raise My Fist in Sedition” (r) has an opinion (February 10, 2021)

Working on the galley proofs for that right wingnut welfare vanity press book? (February 10, 2021)

Penrose On Politics: Hawley’s Indifference (February 13, 2021)

Eric Greitens (r) is on line one… (February 13, 2021)

Penrose On Politics: Hawley’s Mail (February 20, 2021)

What is Josh Hawley’s (r) favorite whine? (February 23, 2021)

Again, we already knew that (February 26, 2021)

Offered without comment (March 2, 2021)

The people you pay $174,000.00 a year believe that all billionaires are in desperate need of their help and that you haven’t suffered enough (March 6, 2021)

Home every night (March 7, 2021)

Penrose On Politics: Huckster Hawley (March 13, 2021)

“They could never do more damage than you have already done.” (March 17, 2021)

Anybody see Josh Hawley (r)? (March 17, 2021)

SB 528: Wolverines! (March 24, 2021)

Long term memory loss (March 30, 2021)

A voice in the wilderness (March 31, 2021)

Secretly wants to join the “minutemen of the state” so he can wear a brown shirt (April 8, 2021)

Calling out ALEC? (April 12, 2021)

Slam dunk (April 13, 2021)

He forgot to raise a fist (April 15, 2021)

Offered without comment (April 15, 2021)

Uh… (April 20, 2021)

A low Bar (April 22, 2021)

Just because (April 22, 2021)

One of those fancy prosecutors (April 23, 2021)

The Gallagher of American politics, only without any of the humor, intelligence, or sophistication (April 26, 2021)

A grifter is only interested in taking your money, not at all in making any sense (May 1, 2021)

Josh Hawley (r): “As seen on TV!” (May 6, 2021)

Participation trophy (May 7, 2021)

Josh Hawley (r): an attempt at performance art (May 9, 2021)

“It read better in the original German.” (May 14, 2021)

Josh Hawley (r): This you? (May 22, 2021)

Expecting anything different?

21 Monday Jun 2021

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

2nd amendment, General Assembly, guns, HB 85, missouri, nullification, St. Louis, Tishaura Jones, U.S. Constitution

Nullification? Right.

Tishaura Jones (D) [2019 file photo]

St. Louis City, County Sue to Block New State Law That Nullifies Federal Gun Laws, Ties Hands of Law Enforcement
STL City and County filed a joint lawsuit seeking to block a new law which prevents local law enforcement from following federal gun laws.

June 21, 2021

Today, St. Louis City and St. Louis County filed a joint lawsuit seeking to block a new law which makes Missouri a sanctuary state for gun violence by preventing local law enforcement from following federal gun laws. Filed in Cole County Circuit Court, today’s lawsuit asks the court to declare the new law unconstitutional under the federal and state constitutions.

Missouri has some of the weakest gun regulations in the country and one of the highest rates of gun violence deaths per capita. But the state legislature passed HB 85 in an effort to prevent enforcement of federal gun laws in Missouri. The new law has already disrupted law enforcement at the federal, state, and local levels:

The United States Department of Justice declared that the new law unconstitutionally interferes with federal law enforcement and threatens the ability of local police departments to access federal grants.

The State of Missouri withdrew its prosecutors from assisting in federal drug, carjacking, and gun cases in St. Louis.

A police chief in the St. Louis region resigned after Governor Parson signed the bill, noting that the new law will “chill the legitimate peacekeeping duties of police.”

“2020 was the deadliest year of gun violence in our state’s history, and now the Missouri legislature is throwing up barriers to stop police from doing their most important job —preventing and solving violent crime,” said St. Louis Mayor Tishaura O. Jones. “This harmful and unconstitutional law takes away tools our communities need to prevent gun violence. I’m proud to partner with St. Louis County in this effort to protect our region and stop this law.”

“This new law is like the state holding out a sign that says ‘Come Commit Gun Violence Here,’” said St. Louis County Executive Dr. Sam Page. “We can’t expect people to stay in St. Louis or to move their businesses here if we don’t do everything we can to reduce gun violence in the region, but this new law sends the opposite message to our residents and business community.”

The City and County are seeking an injunction of unconstitutional provisions and ultimately for the law to be overturned on constitutional grounds. The entities will jointly argue that HB 85 violates the U.S. Constitution Supremacy Clause, which provides that federal law preempts state law, and also is in contravention of other Missouri law.

City County Petition for Declaratory Relief and Injunction – HB85 [pdf]

Eric Schmitt’s (r) record will remain intact.

Previously:

The Supremacy Clause don’t mean shit (June 12, 2021)

Eric Schmitt (r) wouldn’t know the U.S. Constitution if it smacked him upside the head (June 17, 2021)

Again: “…Compulsory unification of opinion achieves only the unanimity of the graveyard…”

11 Monday Dec 2017

Posted by Michael Bersin in Resist

≈ 1 Comment

Tags

#resist, missouri, sign, Supreme Court, U.S. Constitution

Along U.S. 50 Highway in west central Missouri:

Someone’s opinion.

In 1943, in a time of war, no less:

WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624

[….]

….To sustain the compulsory flag salute we are required to say that a Bill of Rights which guards the individual’s right to speak his own mind, left it open to public authorities to compel him to utter what is not in his mind.

Whether the First Amendment to the Constitution will permit officials to order observance of ritual of this nature does not depend upon whether as a voluntary exercise we would think it to be good, bad or merely innocuous. Any credo of nationalism is likely to include what some disapprove or to omit what others think essential, and to give off different overtones as it takes on different accents or interpretations. If official power exists to coerce acceptance of any patriotic creed, what it shall contain cannot be decided by courts, but must be largely discretionary with the ordaining authority, whose power to prescribe would no doubt include power to amend. Hence validity of the asserted power to force an American citizen publicly to profess any statement of belief or to engage in any ceremony of assent to one presents questions of power that must be considered independently of any idea we may have as to the utility of the ceremony in question….

[….]

….Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men. Nationalism is a relatively recent phenomenon but at other times and places the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity. [319 U.S. 624, 641] As governmental pressure toward unity becomes greater, so strife becomes more bitter as to whose unity it shall be. Probably no deeper division of our people could proceed from any provocation than from finding it necessary to choose what doctrine and whose program public educational officials shall compel youth to unite in embracing. Ultimate futility of such attempts to compel coherence is the lesson of every such effort from the Roman drive to stamp out Christianity as a disturber of its pagan unity, the Inquisition, as a means to religious and dynastic unity, the Siberian exiles as a means to Russian unity, down to the fast failing efforts of our present totalitarian enemies. Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.

It seems trite but necessary to say that the First Amendment to our Constitution was designed to avoid these ends by avoiding these beginnings. There is no mysticism in the American concept of the State or of the nature or origin of its authority. We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority.

The case is made difficult not because the principles of its decision are obscure but because the flag involved is our own. Nevertheless, we apply the limitations of the Constitution with no fear that freedom to be intellectually and spiritually diverse or even contrary will disintegrate the social organization. To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous instead of a compulsory routine is to make an unflattering estimate of the appeal of our institutions to free minds. We can have intellectual individualism [319 U.S. 624, 642] and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. When they are so harmless to others or to the State as those we deal with here, the price is not too great. But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.

If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us….

[….]

Previously:

On “patriotic” pearl clutching (August 28, 2016)

“…Compulsory unification of opinion achieves only the unanimity of the graveyard…” (September 24, 2017)

Rep. Vicky Hartzler (r): jump on that publicity stunt bandwagon (October 8, 2017)

Gov. Eric Greitens (r): high or petty (October 11, 2017)

With leaders like these, we should be very, very afraid

09 Wednesday Oct 2013

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

Ed Emery, Government shutdown, Koch brothers, Mike Kelley, Missuri, Obamacare, U.S. Constitution

The GOP House Speaker, John Boehner says the shutdown crisis “isn’t some damn game,” but there’s no doubt that the Republicans in Congress are indeed playing a game, and a very dangerous game it is. And what’s worse, Republican leaders are aware that what they are doing is suicidal as far as their party is concerned and homicidal as far as the nation goes. It’s happening because of a few yeast-brained fools who think that they’re making a grand stand for principles that even they are hard put to describe in meaningful terms. E. J. Dionne puts it perfectly; it’s “the Seinfeld Shutdown: It’s about absolutely nothing, at least where substance is concerned.”

How, you may be forgiven for asking, can responsible legislators lead the country into disaster to satisfy continually shifting and politically undigestable demands? The answer: consider the people doing the demanding. And you don’t have to go far to do it since we have here in Missouri more than a few legislators that suffer from the same delusions as the would-be leaders of the attempted GOP coup d’état in Washington D.C.

Let’s start with state Senator Ed Emery (R-31), who exemplifies the constitutional fetish common to so many GOP legislators who were agitating for the shutdown. To give you an idea about how bad it is, Emery holds that the vetoed gun bill, HB436, widely deemed by legal experts to have egregiously violated the Constitution, was “the most constitutional bill this year, not just in Missouri’s Legislature, but in any state.” Not surprisingly, he also insists that despite the contrary opinion of the Supreme Court, Obamacare is not only unconstitutional, but constitutes an overweening threat to God and Country:

One need know little about the origins and history of America and the origins and history of Obamacare to know that this fight is not about the survival of Obamacare or of a political party, it is about the survival of the Republic. …

I’m willing to bet that this poor schmuck, like plenty of the D.C. Tea Party contingent, really believes this sort of tripe. It’s based on an attitude that views the Constitution as a magical, quasi-religious icon that codifies the deepest wishes of ignorantly genuflecting true believers, rather than a mental construct that has to be intellectually apprehended. How else could Senator Emery ignore the constitutional authority of the Supreme Court ruling on Obamacare? Garrett Epps  points out some of the most common rightwing Constitutional errors and identifies some purely non-existent passages and words that are commonly bandied about by these folks, all of  which allow them, in Epps words, to wave the Constitution “about like great-grandpa’s Confederate cavalry sword to demonstrate that we can’t have health care, or environmental protection, or whatever other policy they oppose today.”  

Not surprisingly, you get a heaping serving of the stupid when you leaven this faux-constitutional fervor with the simplistic economic cliches current on the right – beautifully exemplified by state Rep. Mike Kelley (R-126), who baldly states that “the federal government is shutdown today and the last few days because it’s out of money!” That, of course, is untrue in general terms, and untrue when it comes to the claim that we cannot afford Obamacare; in fact, repealing Obamacare would actually increase the deficit.

So what we’re confronted with are a gang of none-too-bright legislators with a poor grasp of economics, tons of inbred prejudices, and heroic yearnings focused on a poorly digested understanding of the Constitution. In short, ripe for plucking.

And plucked they have been, as the the New York Times made clear in a recent article on the evolution of the shutdown which traces its roots to months of planning on the part of rightwing groups such as Americans for Prosperity, Heritage Action for America and others, all generously funded by titans of industry like the Koch brothers, and happily steering the equally dim-witted federal analogues of Emery and Kelley into our current disaster. The goal? To destroy any legislation that would slow progress towards a United States of America that more closely resembles those third-world, free-market paradises where many of these “job-creators” have already gone to do their low-cost creating.  

Image

A Birther’s Constitutional Lesson

06 Friday Sep 2013

Tags

Chris Koster, Gun Laws, Missouri Attorney General, Missouri House Speaker, Missouri Legislature, Missouri Republican Party, Republican Politics, supremacy clause, Tim Jones, U.S. Constitution

Posted by Michael Bersin | Filed under Uncategorized

≈ Leave a comment

Happy Constitution Day

18 Tuesday Sep 2007

Posted by Michael Bersin in Uncategorized

≈ 2 Comments

Tags

American History, U.S. Constitution

Today we celebrate the document that embodies the American spirit and ideals.

Today we celebrate the document that embodies the American spirit and  ideals.

   

In May of 1787, when the delegates to the Federal Convention convened to overhaul the Articles of Confederation, debate over the issues the new nation faced brought the delegates to the conclusion that the original governing document should be set aside, and an entirely new frame of government established. 

   

The end result was the Constitution of the United States; the Social Contract that to this very day governs our lives and defines the boundaries of our relationship with our government. 

   

Competing visions of government were considered and debated, and a draft emerged on August 6th.  Two weeks later, commerce and slavery collided, and nearly ceased the proceedings.  A week into September, the delegates were exhausted and ready to return home, and the final draft was turned over to committee for the preparation of the final draft, which was returned finished on September 12.  On September 15, it was voted on by the convention for the last time, and it passed unanimously.  Every vote on the roll call was “aye.”

   

From there, it went to the states, where now the fight was between the Federalists who backed ratification and the anti-Federalists who opposed. 

   

Pennsylvania was the first state to call for a ratification convention.  All eyes in the nation were cast toward that state.  Pennsylvania was large, wealthy and powerful, and there was much at stake.  The positions of both Federalists and anti-Federalists were printed in newspapers throughout the land. 

   

Passions were high.

   

When the Federalist-dominated state ratifying convention lacked a quorum of members to conduct the vote on September 29, an angry mob took Participatory Democracy to a whole new level. 

   

They went to the homes of two anti-Federalist lawmakers and dragged them to the statehouse, forcing their presence, and a quorum. 

   

Anti-Federalist sentiments ran equally high, however, and in New York, a series of essays penned under the pseudonym “Cato” began appearing, assailing the Constitution for the strong central government it established. 

   

A counter offensive was undertaken by Alexander Hamilton and John Jay, with the help of James Madison.  Before the end of 1787, the first of the Federalist Papers would be published.  The 85 essays, most penned by Hamilton, examined the failings of the Articles of Confederation, and building the case for a strong central government.  Thomas Jefferson later called the Federalist Papers the “best commentary on the principles of government ever written.”

  < 

The fight was not over.  By January 1788, only five of the nine states needed for ratification had voted to do so – Pennsylvania, Delaware, Connecticut, Georgia and New Jersey.  The ratifying convention in Massachusetts did not ratify until the addition of a Bill of Rights. 

   

That made six.

   

But the Federalists were not on the homestretch yet.  The New  Hampshire convention would be adjourned before the vote by Federalists sensing defeat.  Rhode Island put it to the citizens in the form of a referendum, and the citizens turned down the Constitution with an overwhelming 10-to-1 rejection. 

   

The Federalist leaders were getting nervous.  They turned their focus to Maryland, and Madison wrote to George Washington “The difference between even a postponement and adoption in Maryland may . . . possibly give a fatal advantage to that which opposes the constitution.”  Madison expended much anxiety needlessly.  The Maryland convention overwhelmingly approved the Constitution, with 63 delegates voting “aye” and only 11 “nays.” 

   

That made seven.

 

 

In May, South Carolina adopted the Constitution, so when New Hampshire ratified in the summer of 1788, the Constitution became the Social Contract.  With the ratification of the Constitution by a reconvened New Hampshire convention, the Congress appointed a committee “for putting the said Constitution into operation.”

 

By September, Virginia and New York would ratify as well, but the votes were very close. 

   

Heroes of the Revolution, Patrick Henry foremost, had opposed the new Constitution because it was vague, and it was only adopted when the amendments we know as The Bill of Rights were added. 

   

It was an age of debate and participation and compromise.  In the end, the founders gave us a Republic.  It is our charge to keep it.

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