Category Archives: rights

ACLU Exposes Its Intrinsic Racism

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Janai Nelson, ACLU President, made the organization’s, and her own, racism plain in her Sunday letter to The Wall Street Journal‘s Letters section, a letter in which she accused DoJ’s Assistant AG of its Civil Rights Division, Harmeet Dhillon of

undermin[ing] the rights she was appointed to protect. In a case before the Supreme Court, the department under her leadership filed an amicus brief arguing that Louisiana’s intentional creation of a second majority-minority congressional district violates the Constitution. Her position on this issue would limit voting rights for black Americans by making it incredibly difficult for black voters to elect their candidates of choice.

Nelson is ignoring her BFF’s and favorite Progressive-Democrat ex-President. then-Illinois State Senator, Barack Obama’s statement at Party’s 2004 Convention:

[T]here’s not a liberal America and a conservative America; there’s the United States of America. There’s not a black America and white America and Latino America and Asian America; there’s the United States of America.

Especially that last: There’s not a black America and white America and Latino America and Asian America; there’s the United States of America. Race doesn’t matter in this nation, for all that bigotry (hold up a mirror facing you, Ms Nelson) still exists here. There are only citizens of the United States.

I repeat the relevant clause of the 14th Amendment to our Constitution, even though that’s lost on an entity and its chief for whom our Constitution has no meaning:

No State shall…deny to any person within its jurisdiction the equal protection of the laws.

There’s not a black voter and white voter and Latino voter and Asian voter; there’s the United States of America voters. Gerrymandering by race is racist at its core.

Nelson would have a stronger case were she to argue that that same 14th Amendment clause makes gerrymandering on the basis of political party unconstitutional. It’s instructive, though, that she chose race as the core of her special-treatment-by-gerrymandering argument.

Gerrymandering

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Polls are increasingly showing that Americans oppose gerrymandering based on political partisanship; a Rasmussen poll illustrates.

Overall, 86% of likely US voters considered it a “problem” when states draw congressional district lines to favor one party over the other, including 61% who deemed it a “very serious problem.”

Americans hold that for good reason. Here’s what our Constitution has to say on Congressional representation:

Article I, Section 2: The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative….

There’s nothing in there about setting up districts according to political partisanship or for any other reason.

Additionally, here’s what the 14th Amendment says:

Article 1: 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.

There’s nothing in there that authorizes a State to treat any of its citizens differently from any other of its citizens based on individual political holdings. That last clause makes the matter crystalline. Equal protection means exactly that. The Supreme Court has held as much, quite explicitly, in its speech and religion rulings. Congressional districts and the American privilege of voting are no different.

The only real way to stop gerrymandering is to divide a State into square districts of substantially equal populations, with district boundaries differing from straight lines only when the district abuts a neighboring State.

Some might argue, taking this argument a step further, that such strict district-drawing would favor urban area citizens over rural in terms of their collective power in government. That may be, but that isn’t the here and now; that’s a case better debated—politically, not in our courts—in two or three generations. Our courts aren’t in the business of speculation, only in adjudicating based on the text of our Constitution today.

Bad Logic

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Arizona passed a law five years ago that essentially banned forceable DEI training. An ASU professor brought suit to clarify that the law also

gives public employees an “implied private right of action” to stop such coercion, which in his case was ASU training on how to “critique whiteness.”

A State district court agreed with the professor and ruled accordingly. An Arizona appellate court

“astonishingly” construed lawmakers’ silence on enforcement as confirmation that individuals cannot sue….

The euphemism quotes are from the professor’s lawyers in their reaction to the ruling and as they prepare to appeal to the State’s supreme court.

The lawyers—and any high school student who didn’t sleep through his logic class—are right to be astonished. The appellate court’s “argument” (my euphemism quotes this time) that saying nothing means cannot sue is textbook logic failure. The lawmakers’ silence means nothing other than that they said nothing. The appellate court’s claim otherwise is the court’s putting words into the lawmakers’ mouths the judges have no way of knowing belong there—unless the judges are claiming heretofore unheard of powers of mind reading.

Free Speech in Illinois

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Particularly, free speech in Progressive-Democratic Party reigned-over Illinois. A charitable organization, Democrats for an Informed Approach to Gender, wants to register as a charitable organization in Illinois, but it’s being blocked by the State’s Secretary of State, Alexi Giannoulias.

Giannoulias’ rationalization is that a State law, the General Not for Profit Corporation Act, bars the use of terms like “regular democrat,” “regular democratic,” “regular republican,” “democrat,” “democratic” or “republican”  in any organization’s name without the party’s prior permission. It doesn’t matter that these terms are entirely generic and not—nor being generic, can they be—trademarked or copyrighted in any way.

DIAG is being blocked from registering in Illinois because it opposes Party’s support for puberty blockers, cross-sex hormones, and surgical interventions so they more closely resemble the opposite sex over those procedures’ permanent effects, especially in children. The use of “Democrats” in the organization’s name is just an excuse, and DIAG, along with Foundation for Individual Rights and Expression, have sued the State and Giannoulis over the legitimacy of that part of the law.

This is the level of free speech that Party allows in Illinois: what is freely spoken is what Party says its subjects are free to speak.

“That’s Unconstitutional”

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Many politicians, primarily but not exclusively of the Progressive-Democratic Party, when they decry the actions of President Donald Trump (R) loudly declaim that whatever it is that he’s doing is “unconstitutional.”

It’s instructive that these worthies usually omit to cite the clause of our Constitution that’s supposedly being violated, but when they do cite something, they center their claim on the 10th Amendment.

Here is what that Amendment says:

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.

Article I, Section 10, lays out specific powers prohibited to the States:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Included in the powers not delegated is this one from Article II, Section 3:

…he shall take Care that the Laws be faithfully executed….

Here is what the Supremacy Clause of our Constitution says, from 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

There is nothing in the supreme Law of the Land  that has been delegated to the States or to the people. That supremacy has been retained by the Federal government, and that supremacy includes actions of Federal law enforcement agencies and their personnel in the course of their enforcement of Federal laws in Progressive-Democrat-run “sanctuary” jurisdictions; the latter’s protestations to the contrary are irrelevant.

No part of a President’s authority or obligation to enforce the Laws are reserved to the States. Nor does the 10th Amendment’s delegations include any State-level authority to block or otherwise interfere with Federal law enforcement actions.