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Tag Archives: Constitution

Is somebody going to tell him?

24 Wednesday Apr 2019

Posted by Michael Bersin in social media

≈ Leave a comment

Tags

Constitution, Donald Trump, ignoranimus, impeachment, maroon, social media, Twitter

“…If the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court…”

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

This morning, via Twitter:

Donald J. Trump @realDonaldTrump
The Mueller Report, despite being written by Angry Democrats and Trump Haters, and with unlimited money behind it ($35,000,000), didn’t lay a glove on me. I DID NOTHING WRONG. If the partisan Dems ever tried to Impeach, I would first head to the U.S. Supreme Court. Not only……
7:10 AM – 24 Apr 2019

He doesn’t have a clue, does he? What a maroon.

United States Constitution, Article I, Section 2.
The House of Representatives [….] shall have the sole power of impeachment.

United States Constitution, Article I, Section 3.
…The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law…

It might help to actually read what’s in the United States Constitution.

Mike Pence (r) – servile sycophant

30 Tuesday Oct 2018

Posted by Michael Bersin in Resist, social media

≈ 1 Comment

Tags

14th Amendment, 8 U.S. Code § 1401, Article VI, citizenship, Constitution, ICCPR, Mike Pence, social media, Twitter

digby @digby56
Pence says it’s never been decided whether people in the country illegally are subject to the 14th Amendment and the (stacked) Supreme Court finally needs to resolve it — as if this is a burning issue.

Has there ever been a more servile sycophant?
12:53 PM – 30 Oct 2018

Michael Bersin @MBersin
Title 8, Chapter 12, Subchapter III, Part I, § 1401.
“The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof…”

He’s also an asshole.
12:56 PM – 30 Oct 2018

One of the news reports:

The Latest: Pence discusses changing birthright citizenship
[….]
Vice President Mike Pence says potentially changing birthright citizenship is part of the Trump administration’s broad look at U.S. laws that draw people into the country illegally.

Pence said Tuesday the administration is looking at action that would revise birthright citizenship, which is guaranteed under the 14th Amendment. The amendment’s Citizenship Clause says all people born or naturalized in the United States are citizens of the United States.

Pence says the Supreme Court has never ruled on whether the language in the amendment applies specifically to people in the country illegally.
[….]

In the United State Constitution:

Article VI
[….]
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
[….]

In the International Covenant on Civil and Political Rights [ICCPR] [Treaty, entered into force for the United States, September 8, 1992]:

[…]
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
[….]

In the United States Constitution:

Amendment XIV
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[….]

In U.S. law:

8 U.S. Code § 1401 – Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;[….]

We’re going to find out what kind of country we are on November 6th. Vote.

Fascist Idiocracy

30 Tuesday Oct 2018

Posted by Michael Bersin in social media

≈ Leave a comment

Tags

citizenship, Constitution, Donals Trump, Fascism, idiocracy, immigration, social media, Twitter

This morning:

Chicago Tribune @chicagotribune
President Trump announces plan to sign executive order ending constitutional right to citizenship for children born in United States to non-citizen parents
[….]
7:03 AM – 30 Oct 2018

And, a conversation starts:

𝑴𝒊𝒔𝒕𝒆𝒓𝑱𝒂𝒚𝑬𝒎 R.I.P. @MisterJayEm
In a representative democracy, an executive order CANNOT alter the Constitution.
[….]
7:17 AM – 30 Oct 2018

And:

Michael Bersin @MBersin
[….]
Yes, but in an Idiocracy it can.
7:34 AM – 30 Oct 2018

And:

𝑴𝒊𝒔𝒕𝒆𝒓𝑱𝒂𝒚𝑬𝒎 R.I.P. @MisterJayEm
[….]
This is the problem
7:47 AM – 30 Oct 2018

There you have it.

A refresher

09 Wednesday May 2018

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

bribery, Constitution, Donad Trump, impeachment

In the Constitution of the United States:

Article II, Section 4.

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Bribery.

On “patriotic” pearl clutching

28 Sunday Aug 2016

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

Colin Kaepernick, Constitution, patriotism

“….A person gets from a symbol the meaning he puts into it, and what is one man’s comfort and inspiration is another’s jest and scorn….”

On Friday:

Colin Kaepernick explains why he sat during national anthem
By Steve Wyche
NFL Media reporter
Published: Aug. 27, 2016 at 10:04 a.m. Updated: Aug. 28, 2016 at 04:05 a.m.

SANTA CLARA, Calif. — San Francisco 49ers quarterback Colin Kaepernick has willingly immersed himself into controversy by refusing to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States.

His latest refusal to stand for the anthem — he has done this in at least one other preseason game — came before the 49ers’ preseason loss to Green Bay at Levi’s Stadium on Friday night.

“I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” Kaepernick told NFL Media in an exclusive interview after the game. “To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder.”

[….]

Apparently a number of individuals have expressed their outrage at someone else expressing an opinion at a time and place other than what the outraged consider to be acceptable or polite.

From our past, in a time of war, no less:

WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624 (1943)

….Symbols of State often convey political ideas just as religious symbols come to convey theological ones. Associated with many of these symbols are appropriate gestures of acceptance or respect: a salute, a bowed or bared head, a bended knee. A person gets from a symbol the meaning he puts into it, and what is one man’s comfort and inspiration is another’s jest and scorn….

….The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections….

….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. 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….

….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….

Yes, that is all about the role of government, but understanding what the Constitution is and accepting it is toddler level basic to being an American.

Clutch your pearls, whine all you want, judge others to your heart’s content, criticize others until you’re blue in the face, but take your self righteousness and shove it. You get no sympathy from me about your personal outrage when someone else expresses an opinion counter to your interpretation of the conventional.

To do otherwise would be un-American.

Oh, and expressing your opinion, which is not binding on others in this country, does not insulate you from an expression of contrary opinions by others.

Welcome to America.

Originalism in a time of argle-bargle

14 Sunday Feb 2016

Posted by Michael Bersin in Uncategorized

≈ 5 Comments

Tags

Antonin Scalia, Barack Obama, Constitution, Mitch McConnell, Obstructionism, Supreme Court

What is written:

United States Constitution
Article II

Section 1.
The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years….

Section 2.
….He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law….

Apparently the President of the United States holds office and exercises executive powers for a full four year term. Included in that is the power to nominate individuals to fill a vacancy on the Supreme Court.

What is said – Associate Supreme Court Justice Antonin Scalia (March 4, 2008):

….I belong to a school of interpretation called ‘originalism’. Uh, sometimes people come up to me, screw up their faces and ask, ‘Justice Scalia. When did you first become an originalist?’ [laughter] Like it’s a terrible disease [laughter]….

….It used to be orthodoxy….

….The Constitution does not change. It means today what it originally meant when the people adopted it. Now, of course, you have to apply some of its provisions to new phenomena. In so far as it applies to existing phenomena, it’s the same. It does not morph….

“….In so far as it applies to existing phenomena, it’s the same. It does not morph….”

A press release from Senate Majority Leader Mitch McConnell (r), via Facebook:

….The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President…

We’d all have to wait at least another year. Evidently not an originalist.

Previously:

The world has changed (February 13, 2016)

Campaign Finance: egg money

09 Wednesday Jul 2014

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

agriculture, Amendment 1, campaign finance, Constitution, missouri, Right to Farm

“…Today in Missouri, as wll as Oklahoma, Indiana, and two other states, corporate agriculture is trying to put their guarantee to farm in state constitutions…” – former Missouri Lieutenant Governor Joe Maxwell.

Yesterday, at the Missouri Ethics Commission:

C101457 07/08/2014 MISSOURI FARMERS CARE Missouri Egg Council, Inc. 1000 W. Nifong Blvd Bldg 5 Columbia MO 65203 7/7/2014 $10,000.00

C101457 07/08/2014 MISSOURI FARMERS CARE FCS Financial 1934 E. Miller Jefferson City MO 65101 7/8/2014 $30,000.00

[emphasis added]

It must be nice that someone cares, in $10,000.00 increments.

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Joe Maxwell – “No” on Amendment No. 1 (July 8, 2014)

Joe Maxwell – “No” on Amendment No. 1

08 Tuesday Jul 2014

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

Amendment 1, Constitution, Joe Maxwell, missouri, Right to Farm

“…They’re putting up big signs, But, as we say, signs don’t vote…”

On July 7, 2014 in Springfield, Missouri former Missouri Lieutenant Governor Joe Maxwell (D) spoke on voting “no” on Amendment No. 1.

Video by Jerry Schmidt.

From the video description:

Missouri Right to Farm Amendment

This issue will be on your ballot August 5 as Amendment One to the state constitution.

This amendment does not originate organically from our legislator’s recognizing a need for Missouri people. It is rather a product of ALEC […]

There are several Right to Farm states already. This amendment promotes a corporatist agenda. Down deep in the language of the document there is permission for Corporations to pollute, treat animals very badly, and harm our food system.

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords… (July 2, 2014)

Utilizing the First Amendment to challenge our oppressive corporate overlords…

02 Wednesday Jul 2014

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

agriculture, amendment, Constitution, missouri, Right to Farm

Oh, wait.

“Useless laws weaken the necessary laws.” – Charles-Louis de Secondat, baron de La Brède et de Montesquieu (1689 – 1755)

4 x 8 signs promoting the “right to farm” amendment to the Missouri Constitution are popping up like mushrooms across the rural landscape. As if family farms are under some sort of existential threat from public sentiment or government overreach? It’s probably got something to do with puppies! Uh, yep.

Thumbing their nose at the establishment – along a highway in west central Missouri.

Previously:

Campaign Finance: $110,000.00 for something they really care about (January 3, 2014)

Campaign Finance: Food fight! (May 28, 2014)

Campaign Finance: Because, across Missouri, family farms are being supplanted by… (June 24, 2014)

Campaign Finance: as if yard signs were actually a cash crop for actual farmers… (June 28, 2014)

Speaker Pro Tem Denny Hoskins (r): obviously not an “originalist”

14 Friday Mar 2014

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

4th Amendment, Antonin Scalia, Constitution, Denny Hoskins, HB 1388, missouri, privacy

U.S. Supreme Court Justice Antonin Scalia in Warrensburg, Missouri on March 4, 2008:

[Do you believe that there is a right to privacy under the United States Constitution?]

Oh, there certainly is and it us, uh, contained in the Fourth Amendment. And it says “that the people shall be secure in their persons, houses, papers and effects against unreasonable searches and seizures.” Period. There is not a generalized right of privacy, whatever that means. What is a generalized right of privacy [garbled]? One of our, one of our, one of our opinions says it means “the right to be left alone”. [laughter] Right. This is anarchy…

…[wire tapping] So, there is no, what should I say, exclusion from democratic debate of – conversations. It’s something for the people to decide whether you should have wiretapping or not….[as practice now]…This generalized right of privacy which comes from, what is it, penumbras and emanations from the Fourth and a lot of other ridiculous stuff. Uh, you know the consequences of that? Surely one of the major policy issues around these days is whether, uh, the Federal government can listen in on these international phone calls to find what the bad guys are doing. It used to be up to the Congress to decide whether the danger was high enough and the risk of invading people’s privacy high enough to permit that. No longer. It’s a question for me now. It’s a question for me. That’s what happens when you, when you read more and more stuff into the Constitution – you reduce democracy.

[emphasis added]

Speaker Pro Tem Denny Hoskins (r), today:

Denny Hoskins, CPA

Speaker Pro Tem

Missouri House of Representatives

District 54

[….]

Capitol Report

March 13, 2014

Prioritizing Missourian’s Privacy

The United States Constitution guarantees citizens the right to privacy, but with the law failing to keep up with technology sometimes that right can fall into question. HB 1388 (Cornejo) prevents law enforcement from tracking the location of your electronic devices without a warrant. Exemptions are made if the device is stolen, an emergency call is made from the device, in life-threatening situations, and if the owner gives consent. This bill would make information obtained outside these exceptions inadmissible in court and helps protects Missourians from law enforcement encroaching in their private lives.

[….]

“…The United States Constitution guarantees citizens the right to privacy…”

“…There is not a generalized right of privacy, whatever that means…”

Representative Denny Hoskins (r) isn’t quite subscribing to “originalist” doctrine. The thing is, Antonin Scalia is one of nine people who would have the final word on the matter.

Previously:

Antonin Scalia: on privacy, then and now (May 8, 2009)

Antonin Scalia in Warrensburg, part 4 (March 7, 2008)

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