Hope in a Darkening Age...
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"THE END OF ALL INTELLIGENT ANALYSIS IS TO CLEAR THE WAY FOR SYNTHESIS."--H.G. Wells. "It's always a leap into the unknown future to write anything."--Margaret Atwood "Be kind, be useful, be fearless."--President Barack Obama.
Tuesday, April 26, 2011
Is Dictatorship Unconstitutional?
Rachel Maddow has been doing a series of stories on the truly alarming authoritarian moves being made by GOPer governors and legislatures in a number of U.S. states. They include laws to deny unions the right to organize, laws that create barriers to registering to vote, laws that substitute appointed dictators for local elected officials in municipalities deemed troubled, as well as laws essentially voiding Roe v. Wade, imposing new and otherwise extra-legal conditions on whether a presidential candidate's name can appear on a state's ballot, etc.
While she has also emphasized the political response to these efforts, I kept waiting for the other shoe to drop: the courts. Surely many of these efforts violate law. Surely some of them are unconstitutional. Surely the third branch of government is our ultimate protection.
But mostly that shoe has not dropped. There is a challenge to Wisconsin's union-killing law, based however on violation of the state constitution not in terms of its content but in the process the legislature used to pass it. Yesterday, Maddow reported a court challenge in Michigan to that state's Emergency Financial Manager law, and its use in overriding elected officials in the predominantly black city of Benton Harbor, and in the intended closing of a Detroit school that is a one-of-a-kind educator for pregnant women and new mothers who are predominantly black (and who almost always go on to college.) This law empowers one state government-appointed person with essentially dictatorial powers.
The suit is citing Michigan law and one aspect of the U.S. Constitution, though only a section of the first amendment that allows the federal government to stop any state from violating legal contracts, such as those negotiated in collective bargaining.
Which leaves me still wondering--where are the court cases? Maybe they are still being developed. Maybe people are reluctant to bring them. It's acknowledged that women's groups aren't challenging state laws that restrict the right to choose because they fear that when those cases get to the Supreme Court, the current Court will rule against them and void Roe v. Wade entirely. Could that be a fear in these other issues?
Or is it that the Constitution doesn't offer protections against such laws. That states can constitutionally make demands on registration so that the right to vote is restricted, as long as it doesn't involve a poll tax? That states can essentially change the qualifications for federal office by restricting the ability to get votes for that office in that state? That states can allow child labor? That dictatorships are not unconstitutional, as long as it isn't at the federal level?
I really would like an answer to these questions...
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Manifesto
..."The answer that led those who have been told for so long by so many to be cynical, and fearful, and doubtful of what we can achieve, to put their hands on the arc of history and bend it once more toward the hope of a better day."--Barack Obama Nov. 4, 2008
"Now, there are some who question the scale of our ambitions - who suggest that our system cannot tolerate too many big plans. Their memories are short. For they have forgotten what this country has already done; what free men and women can achieve when imagination is joined to common purpose, and necessity to courage." Barack Obama January 20, 2009
"If you turn away now – if you buy into the cynicism that the change we fought for isn’t possible…well, change will not happen. If you give up on the idea that your voice can make a difference, then other voices will fill the void: lobbyists and special interests; the people with the $10 million checks who are trying to buy this election and those who are making it harder for you to vote; Washington politicians who want to decide who you can marry, or control health care choices that women should make for themselves. Only you can make sure that doesn't happen. Only you have the power to move us forward.--President Obama on Sept. 6, 2012
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