Tag: Republican

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judiciary partisanship U.S. Constitution

Heal or Heel?

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Call it High Court chutzpah?

In a Second Amendment case seeking U.S. Supreme Court review, five U.S. Senators have filed an amicus curie or “friend of the court” brief … that wasn’t very friendly.

“The Supreme Court is not well,” argue Sens. Sheldon Whitehouse (D‑R.I.), Richard Blumenthal (D‑Conn.), Mazie Hirono (D‑Hawaii), Richard Durbin (D‑Ill.), and Kirsten Gillibrand (D‑N.Y.) in their brief against the Court accepting the case. “Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics.’”

A not-​very-​veiled threat.

Is their goal really to ‘reduce political influence’? Or to leverage influence against the Court should it not “heal itself” — or come to heel — by authoring judicial decisions more to Democrats’ liking? 

Seven Democratic presidential contenders, including Sens. Elizabeth Warren, Kamala Harris and Kristen Gillibrand, support court packing — having the next Democrat-​controlled Congress increase the size of the SCOTUS beyond nine justices, to 12 or 15.

“[M]ost Americans recognize this tactic for what it is, which is a direct attack on the independence of the Supreme Court,” Sarah Turberville and Anthony Marcum write in The Hill. “It is no coincidence that court packing is employed by would be autocrats all over the world rather than by leaders of liberal democracies.”

To supposedly “depoliticize” the “partisan” Supreme Court, Mayor Pete Buttigieg wants to pick five justices to represent Democrats and five to represent Republicans, and then those ten would together choose five additional justices. 

Nothing like being overtly partisan to vanquish partisanship, eh?

This is Common Sense. I’m Paul Jacob.

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general freedom individual achievement local leaders political challengers responsibility

Liberty Rising?

Nick Freitas, Republican, Virginia’s House of Delegates, libertarian, conservative freedom

“Let me make something very clear,” Nick Freitas stated unequivocally. “I don’t have a political career.”

Freitas, a Republican member of Virginia’s House of Delegates announcing his candidacy for the United States Senate, was responding to advice that running against incumbent Sen. Tim Kaine “could hurt [his] political career.”

It’s music to my ears. And to Matt Kibbe’s. The leader of Free the People calls Freitas “the most interesting liberty Republican you’ve never heard of.” 

Yet, in Virginia’s conservative networks, Freitas has made quite a name for himself, defending the Second Amendment and fighting Medicaid expansion in a one-​seat GOP-​majority House. 

“You can’t fix everything through government force and coercion,” he explained to Kibbe. “If the path we’re going down, which is just ‘let us manage the federal government as it continues to expand, as it continues to increase debt,’ that’s just not a Republican Party I’m interested in.”

Del. Freitas added that the American people seem similarly uninterested.

Perhaps he is simply telling us what we want to hear. He wouldn’t be the first bait-​and-​switch politician. But Freitas isn’t exactly playing for the bleachers by naming Calvin Coolidge rather than Ronald Reagan as “the best president of the 20th century.”

And he talks about individual liberty, which, he explains, is “based off the premise that I have a right to pursue happiness in accordance of what my definition of happiness is, so far as it doesn’t infringe on your right to do the same thing.”

He had me with “I don’t have a political career.”

This is Common Sense. I’m Paul Jacob.

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Accountability folly general freedom government transparency ideological culture media and media people moral hazard nannyism national politics & policies too much government

Threat Assessment

Tide Pod, foolish, foolhardy, Atlantic, Jonathan Rauch, Benjamin Wittes, vote, voting, Republican, Democrat, threat, GOP

Don’t drink transmission fluid. Or perform a swan dive off the Empire State Building. Or munch on a Tide Pod.

Be cautious, in other words, of the advice offered in “Boycott the Republican Party,” the Atlantic opinion piece authored by Jonathan Rauch and Benjamin Wittes, both scholars at the Brookings Institution. Their erudite suggestion? Conservatives should “vote mindlessly and mechanically against Republicans at every opportunity, until the party either rights itself or implodes (very preferably the former).”

My Sunday column at Townhall​.com, “Friendly Suicide Advice for the GOP,” reviewed their proposal and analysis. “[H]orrified” by President Trump, they see congressional Republicans as enablers of his “existential” threat “to American democracy.”

Big government has long frightened me, so I’m certainly not suggesting anyone relax just now. I do wonder, however, why these writers and others in the media have been so blasé to past presidential usurpations (noted in the column) with life-​and-​death implications.

Rauch and Wittes go so far as to reassuringly explain that “the Democratic Party is not a threat to our democratic order.”

Really?

In 2016, every single Democratic Party U.S. Senator voted to partially repeal the First Amendment of the Constitution. The Democrats’ proposal would have largely ended the prohibition that “Congress shall make no law … abridging the freedom of speech,” replacing it with “Congress and the States may regulate and set reasonable limits on the raising and spending of money by candidates and others to influence elections.”

In our present “democratic order,” the Constitution recognizes the primary importance of walling off political speech from regulation by these very politicians. The Democrats seek to repeal that order … that freedom … that criticism.

This is Common Sense. I’m Paul Jacob.

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media and media people national politics & policies political challengers responsibility

Whose Coup?

Republican, convention, 2016, Donald Trump, illustration

Melania Trump’s beautifully adequate speech last night at the prime-​time opening of the Republican National Convention in Cleveland clashed with the ugly chaos earlier.

Everyone knew the convention’s rules package would be a point of conflict. A wee bit of open democracy might have unified delegates. Instead, the rules were rushed through on a voice vote, immediately after which the chair ignored delegates loudly calling for points of order as well as demanding a roll-​call vote on the package.

In the uproar that ensued, that convention chair, Arkansas Congressman Steve Womack, inexplicably left the stage unmanned.

“I’ve never seen the chair vacated like that,” said Utah Sen. Mike Lee, who had tried and failed to get recognized.

Morton Blackwell, a 32-​year RNC member, complained the process was “crooked”; former Virginia Attorney General Ken Cuccinelli used the word “disgusting.”

After what seemed an eternity, Womack appeared back on stage, again calling a voice vote, quickly ruling that the “Ayes” had it over the “Nays,” and then ignoring yet more delegates trying to be recognized.

He finally explained that not enough states had called for the roll call — three states had withdrawn their petition. No mention that the long delay had allowed Trump and RNC operatives to pressure enough delegates into withdrawing their petition.

This served as “a glimpse into the future of a Trump presidency,” suggested former New Hampshire Sen. Gordon Humphrey, adding that Trump supporters “act very much like fascists, shouting down the opposition, treating them roughly.”

Hyperbole? Sure. But yesterday’s events do indicate a lack respect for democratic process.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights general freedom initiative, referendum, and recall nannyism national politics & policies political challengers responsibility too much government

A Private Party

Donald Trump, delegates, unbound, convention, crime, vote

Virginia delegate Beau Correll won’t cast his first ballot vote at the Republican National Convention for Donald Trump, and won’t go to jail, either.

As discussed last Thursday, at issue is a state statute requiring* delegates to vote for the plurality winner of the party’s primary. On the Republican side, that’s Mr. Trump. Yesterday, Federal Judge Robert Payne ruled the law unconstitutional, no law at all, because it violates Correll’s First Amendment rights to speak and associate politically.

“In sum, where the State attempts to interfere with a political party’s internal governance and operation,” the federal judge wrote, “the party is entirely free to ‘cancel out [the State’s] effort’ (Def. Resp. 28) even though the state has expended financial and administrative resources in a primary.”

Love ’em or hate ’em, political parties are private associations, properly protected by the First Amendment.

But is it fair to hold primary elections, at taxpayers’ expense, and then ignore the votes of so many people?

Easy answer: NO.

Sure, Judge Payne correctly struck this statute, but it doesn’t follow that states must foot the bill for party primaries and national conventions or provide legal preference. Up to now, incumbent politicians have quietly legislated a relationship of too-​friendly collusion between government and the major parties.

It’s time for citizens to look at initiatives to mandate separation of political party and state.

More immediately, the implications for the coming GOP convention in Cleveland are obvious and far-​reaching. “The Court’s decision,” as Correll’s attorney David Rivkin summarized, “follows more than 40 years of precedent in firmly rejecting Donald Trump’s legal opinion that delegates are obligated by law to vote for him.”

The delegates are free.

This is Common Sense. I’m Paul Jacob.

 

* Penalty for non-​compliance? One year in prison.

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Original photo credit: Gage Skidmore on Flickr

 

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Accountability ballot access general freedom national politics & policies political challengers

Delegates Unbound

Curly Haugland, voting, Republican, democracy, Donald Trump, illustration

An article in Politico calls Curly Haugland a “rule-​mongering crank,” a “gadfly,” “stubborn” (twice), a “pain in the ass,” and a “pedantic curmudgeon.”

And merely in the first paragraph!

Who is this Curly fellow, you ask? Haugland’s a successful small businessman in Bismarck, North Dakota, and a member of the Republican National Committee. He’s also a no-​nonsense member of the party’s Rules Committee.

Long before Trump was an issue in the party (or even “in” the party), Mr. Haugland was urging Republican leaders to do something anathema to Washington-​types: follow the rules.

“The rule says, specifically,” Curly told CNBC, “that it’s a vote of the delegates at the convention to determine if there’s a majority, not a primary vote.… The media has created a perception that the voters will decide the nomination. Political parties choose their nominee, not the general public.”

The entire electorate chooses the president, of course, but it seems fair enough that parties choose their own nominee. They might be wise to do it through primaries including the broader public or through state conventions reserved to party members or any number of ways. But however done, it should be by the rules.

And without taxpayer money.

Delegates have been free to vote their conscience throughout the history of the GOP, from just prior to the Civil War, when Lincoln gained the nomination at a contested 1860 convention, until today. It’s been a rule. The only exception was in 1976, when President Ford’s campaign worked to change the rule, binding delegates to block Ronald Reagan’s insurgent candidacy. Coincidentally, the leader of that ’76 effort was Paul Manafort, who today is running Trump’s convention effort.

Curly Haugland’s beef isn’t with Trump, but with the media and the RNC leadership, for not telling folks the truth.

No telling if GOP delegates will vote their conscience in Cleveland, but thank you, Mr. Haugland, for speaking truth to power. Republican delegates may be listening.

This is Common Sense. I’m Paul Jacob.

 

P.S. If you missed the first two commentaries in this series, here they are:
Fat Lady Score – It’s a time for choosing.
Listen to Whom? – People in political parties have rights, too.

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