Tag Archives: culture

Punishing a Legislator

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Recall that, in response to scurrilous remarks made in opposition to a Montana legislature bill barring child mutilation gender-related “care” for children, Progressive-Democratic Party State Congresswoman Zooey Zephyr was censured and barred from the House floor for the remainder of the current legislative session.

Now she, along with four constituents, are suing the State and a variety of State officials over the matter. The ACLU, representing Zephyr in the suit, actually makes the claim that her censure and bar from the floor is unconstitutional.

Here’s what Montana’s State Constitution has to say on the matter [initial boldface in the original, emphasis at the end added]:

Section 10. Organization and procedure. (1) Each house shall judge the election and qualifications of its members. It may by law vest in the courts the power to try and determine contested elections. Each house shall choose its officers from among its members, keep a journal, and make rules for its proceedings. Each house may expel or punish a member for good cause shown with the concurrence of two-thirds of all its members.

The courts have no jurisdiction in this matter. The ACLU’s argument is silly, and even those lawyers should know better. Or, perhaps the ACLU prefers that Zephyr be expelled altogether, as Montana’s Constitution explicitly permits.

Spot On

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Ada Lluch is a Spanish lady who frequently posts on Instagram and Twitter. She has this to lead off a recent Instagram profile leads off with this:

It is extremely necessary to bring back traditional values to our society, especially to Gen Z.

She’s talking about Spanish society, but her statement is universal.

She posted this on Twitter [emphasis added]:

Why are people in America called by their race like African-American, Asian-American and Hispanic-American instead of just American?
In my home of Spain we have many different colors of people but everyone is considered Spanish if they were born here.
I could be wrong but I do not think any other countries break their people down by what race they are like America does.
This is why your country has a race problem, because your government perpetuates it with labels.

But this labeling is part and parcel with the Left’s, and their Progressive-Democratic Party’s, deliberately divisive, and openly racist and sexist, identity politics.

“Be more like Europe” goes the mantra of the Left.

Certainly, we would do well to be more like Spain in this milieu.

A Parallel Solution

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DoEd Secretary Miguel Cardona (D) wants to enact a rule that would expand Title IX (illegally, but that’s a separate problem) to require State education systems to include transgender athletes in all heretofore women’s sports programs and all on heretofore women’s sports teams. Half of the governors of our States object.

If it comes down to it, Cardona’s move is very likely to fail in the courts. That will be an expensive and time consuming enterprise.

I propose another solution to be pushed in parallel with the lawsuit effort. It also would be expensive and time consuming to put into effect, but I think it would have a more permanent, and more beneficial, outcome.

States should stop taking Federal dollars altogether into their education systems. That would put the States beyond the reach of Title IX, which applies only to those State systems that take Federal dollars.

Not taking the government’s lucre would be expensive, certainly, but only until the States’ budgets adjusted. However, the move would do more than place those States’ education systems beyond the reach of Title IX’s strings, it would free the States from a potful of Federal education strings—and demonstrate that States can get along just fine without those dollars and those strings and so encourage them to decline ever more Federal dollars and reap the increasing value of being free of those strings.

A Thought on Trust

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Fay Vincent, erstwhile Major League Baseball Commissioner, had an op-ed in last Wednesday’s Wall Street Journal centered on the moral and legal aspects of why we swear to be truthful on those occasions when we are called on explicitly to tell the truth.

The oath warns that the testimony is a serious matter and that failing to be truthful has consequences.
The invocation of God reflects the traditional view that lying has consequences beyond legal bounds. The old-fashioned belief is that lying is wrong morally.

So far, so good. He added,

My generation believed and accepted a person’s word was a bond.

Indeed. And it still should be; although far too often today it is not.

Then he told this story:

I once accepted an oral offer to buy my Connecticut home and minutes later received a higher bid. I turned down the higher offer, though I was legally free to accept it since nothing had been agreed to in writing. Years later my buyer told someone we both knew he was surprised I hadn’t taken the higher bid. But I never considered walking away from the deal.

Vincent is more generous than me, apparently. I would have been insulted by the surprise. Why would the buyer have expected something different from me?

My word is, indeed, my bond. Expressing surprise at having done a right thing only provides a pathway for continuing to be surprised by leaving doing a right thing not the normal state, leaving being trustworthy not the normal state.

Now We Know

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Recall that House Oversight Committee Chairman James Comer (R, KY) subpoenaed the FBI for an FD-1023 form that is supposed to contain information concerning a potential criminal scheme involving then-Vice President Joe Biden (D) and a foreign national relating to the exchange of money for policy decisions. The subpoena also required the FBI to advise the committee concerning what it did to investigate these allegations.

Both Comer and Senator Chuck Grassley (R, IA), who also wants the document and information so he can run his own investigation (however limited by being in the minority party in the Senate) into the doings of Joe Biden and his family, were confident of the document’s existence, but since their position was based on a so far unidentified whistleblower’s claim, there were doubts about the form’s actual existence.

When the subpoena’s deadline went by without the FBI’s producing either the document or the information, FBI Director Chris Wray wrote a letter to Comey explaining his refusal to produce them. That refusal, despite Wray’s standard “neither confirm nor deny” mantra, now confirms the document’s existence and emphasizes the importance of its production, along with what the FBI did—or didn’t—do about it to the Oversight Committee. Wray wrote a number of things in his letter, but one stands out.

[Y]our request for a single FD-1023 report that you say includes a “precise description” of an “alleged criminal scheme” risks the harms that our confidentiality rules protect against[.]

There are a couple of things about that standout. One is Wray’s naked insubordination in this. FBI “rules” do not supersede the House’s constitutional authority to conduct oversight of the Executive Branch and of Executive Branch agencies. Last I looked, the FBI was an Executive Branch agency. Wray knows full well that his agency’s “rules” are subordinate to that constitutional mandate.

The other thing is this: to the extent that producing the FD-1023 and its activities pursuant to it puts at risk the FBI’s needs for confidentiality regarding its sources and methods and any investigations the FBI may or may not have in progress—and the concerns themselves are valid—the form can be produced to Committee members in a SCIF in the House. The House already has a SCIF; that’s where classified intelligence documents get viewed by specified House members. Wray is fully aware of this, too; his refusal to produce the document and related information altogether rather than in the House’s SCIF is disingenuous at best.

That raises a question in my pea brain: who sent Wray? Who does he work for?