Showing posts with label Constitution of the United States. Show all posts
Showing posts with label Constitution of the United States. Show all posts

Saturday, August 6, 2016

Trump, Torture, Terrorism and Other Talk

Donald Trump, now the official candidate of the Republican Party, presents a great number of concerns when it comes to sustaining liberty and freedom for all. After such a long primary process, the two major political parties have nominated the two most candidates with the most negatives.   However, where the concerns about Hillary Clinton are more with judgement and some poor decisions made, the concerns with Trump are in the areas of Constitutional rights and even the Geneva Conventions.  

Libertarians cannot support someone who is opposed to the freedoms given to US citizens under our Constitution.  Libertarians cannot support Trump.

Here are some examples that Trump is anti-liberty.

Opposition to Freedom of the Press
When the press has said anything unfavorable to Trump, he has many times said the press is lying or corrupt.  He has called for an end to Freedom of the Press by allowing for libel suits against reporters and news organizations.  This not allowed under the First Amendment.

Trump does not want to play by the rules.  All elected and appointed officials realize that the First Amendment allows the press to say unfavorable things about any public figure.  

Opposition to Freedom of Speech
In many of his rallies, Trump points out someone with a sign opposing him, and he has the person removed, often rallying the crowd to chant something against that person.  According to CNN, Trump has also said, "There used to be consequences to protesting. There are none anymore. These people are so bad for our country, you have no idea, folks."(1)   This attitude goes against the First Amendment.

Again, Trump does not want to play by the rules.  All elected and appointed officials realize that the First Amendment allows the public to say what is on their minds, including saying things unfavorable things about any public figure, and including public protests against officials.

Opposition to Freedom of Religion
Trump at one point has called for both the closing of mosques and registering of all Muslims in the US.  The First Amendment guarantees free exercise of religion.  US citizens who are Muslims have their free exercise of religion.  Closing of places of worship or registering the religion of US citizens is against the constitution!

Trump's War on the Constitution
Trump's oppositions to the First Amendment are just one example of his war on the Constitution.  He proposes many controversial ideas including the wall along the Mexican border and the round-up and deportation of millions of the undocumented, likely without due process of law.  While Trump says he loves the Constitution, that love goes only so far as it doesn't stop him from doing whatever he wants to do.

Recently, Khizr Khan at the Democratic Convention asked Trump if he ever read the Constitution.  I doubt he has.

Trump on Torture and Terrorism
Trump's words on terrorism are most disturbing.  He would bring back waterboarding and worse. (2)  While all of his strongly oppose the barbarian cruelty and deliberate murder by terrorists, Torture is never acceptable.  Period!

Trump also wants to murder the families of terrorists. (3)   This is not only illegal, but also immoral!  When told that General Michael Hayden would refuse to follow illegal orders, Trump came back indicating that they will obey him.  Here, again, Trump is proposing to ignore the Constitution and the law.  

Other Trump Talk
Trump, at a number of times, has said things like "I'd like to punch him." and he'd like to punch a number of speakers at the Democratic Convention.  What kind of candidate advocates violence against individuals who speak critical of him?  Certainly no one who should serve in public life.

Mr. Trump:  You don't understand how we do things in this country!  This is America and we are a free people and we are free to speak, even if you don't like it.  The press have the freedom to print the news as they see it, even if you don't like it.  And American citizens have the freedom to express their religions beliefs, even if they are Muslims.  And we live by the rule of law.

If you don't want to live by our Constitution and the laws of the land, I say, Mr. Trump, get with the constitution or get out of the country!  You are not an American!!

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Saturday, February 20, 2016

The President Shall Nominate a Replacement for Justice Scalia

No sooner had Antonin Scalia, Associate Justice  of the Supreme Court un-expectedly died, when the controversy over his replacement started.

The President wants to nominate a replacement.  A number of Republican senators and Presidential candidates say we should wait until the public votes for a new president.

Who is correct?  

Let's start with a quote from the Constitution of the United States, Article II, Section 2.  Referring to the President of the United States, the second sentence of the second paragraph states "...and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Justices of the supreme Court..."

At times like these, we should follow the Constitution.  The Constitution is clear, using the auxiliary verb "shall" to indicate an obligation.  Not just a nice idea, not just a suggestion, not just maybe he should, but "shall" means it's a true obligation.

Most importantly, there's nothing in the Constitution saying that if the President only has 1 year left in his term, he should wait for the next President.  It's just not there.

So the President is obligated to submit a nominee to the Senate.  Once nominated, the Senate has its role of providing Advice and Consent.  In that role, the Senate can advise the President that he shouldn't have nominated anyone.  But, giving the obligatory nature of the auxiliary verb "shall," that would be unconstitutional advice.  Sorry, Senators!

The Senate also must provide its Consent to any nominee.  If the Senate does consent to the nominee of the President, they can vote accordingly.  And the President can try again.  And the Senate might not vote to approve the nominee.  This back and forth until the next President is sworn in.  That would at least be constitutional.

But, to follow the Constitution, the President shall nominate a replacement for Justice Scolia.  Not to do so would be unconstitutional.