A History Lesson for Joe Miller – The Tenth Amendment
In Which Joe Miller Gets a History Lesson (Again)
Over the past few weeks, I have written with some incredulity on the subject of Joe Miller’s supposed legal expertise. Today, I feel compelled to address another area in which Mr. Miller’s competence is woefully inadequate: United States history. As you may have surmised, your Legal Eagle is an attorney, not a historian. I do, however, take an interest in history, and generally consider it to be an obligation of all Americans to at least familiarize themselves with the basics of their country’s history. This is even more true when you wrap yourself in the flag and claim to know what is best for the nation. Yes, I’m talking to you, Joe.
You see, one of the fundamental bases for Mr. Miller’s political philosophy (if we can call “say whatever they want to hear, regardless of truth or accuracy” a political philosophy) is that the federal government must be stripped of its powers. The basis for this argument is the 10th Amendment. (http://joemiller.us/issues) Yes, not only is ol’ Joe a Tea Bagger, and probably a Birther, but he’s also a 10th’er. Naturally.
Under this theory, states’ rights can trump the rights of the federal government based on the 10th Amendment of the U.S. Constitution, which provides:
“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.”
While the language is somewhat obtuse, what is important to note is that the word “expressly” does NOT appear in the 10th Amendment. The insertion of the word “expressly” prior to “delegated,” which was advocated by some after the amendment’s ratification, would have denied the federal government any implied powers (those not expressly delegated to it). Because that word is not in the amendment, the federal government has implied powers, as evidenced by a long line of Supreme Court cases.
So what does the 10th Amendment mean? In short, not much: it’s widely considered to be a truism. The Supreme Court has said as much, noting that the 10th Amendment “…added nothing to the [Constitution] as originally ratified.” U.S. v. Sprague, 282 U.S. 716 (1931). Ten years later, the Supreme Court went even farther:
“The amendment states but a truism that all is retained which has not been surrendered. There is nothing in the history of its adoption to suggest that it was more than declaratory of the relationship between the national and state governments as it had been established by the Constitution before the amendment or that its purpose was other than to allay fears that the new national government might seek to exercise powers not granted, and that the states might not be able to exercise fully their reserved powers.”
U.S. v. Darby, 312 U.S. 100, 124 (1941).
Hmm….dare I suggest that Joe Miller hasn’t read these cases?
In a way, Mr. Miller could be excused for not knowing much about 10th Amendment case law; there isn’t much of it to know. The Supreme Court rarely decides cases on the basis of the 10th Amendment, more often using the Commerce Clause to determine that the federal government has exceeded its powers. Of course, if one is going to make the 10th Amendment a main subject of a platform for national office, AND if one has claimed to have “mastered the law,” I think that at least a passing familiarity would be helpful.
As a side note…. the subject of originalism is one for another day, but isn’t it ironic that Mr. Original Intent/Founding Fathers is touting a constitutional amendment that wasn’t ratified until December 15, 1791, over 4 years after the Constitution was adopted on September 17, 1787? It’s not particularly significant to me, but I’m also not a person who claims that the only thing that matters is the original intent of the Founding Fathers in drafting the Constitution. What say you, Joe?
Back to the 10th Amendment….
Modern day 10th amendment litigation is largely based on a 1992 case where the federal government attempted to force states to take title to any radioactive waste not properly disposed of before a certain date; it also offered incentives to get states to enforce federal regulations on disposal of this waste. New York v. U.S., 505 U.S. 144 (1992). The Supreme Court held that while the incentives were permissible, forcing a state to take title to waste violated the 10th Amendment. Id. After this case, there are two ways for the federal government to accomplish these types of goals: it can encourage states to take certain actions (like passing laws) through monetary incentives (spending power) OR it could use its Commerce Clause power to enact laws that would pre-empt conflicting state law. (I realize that I have referred to the Commerce Clause multiple times without an explanation of its meaning. It’s a lengthy subject best suited to its own post, but suffice to say that the Commerce Clause is the U.S. government’s primary authority for laws and regulations.)
In the past, the 10th Amendment has been used for less-than-honorable purposes; specifically, Southern states used it in the mid-1800’s in an attempt to trump the federal government’s prohibition against slavery (Emancipation Proclamation, 1862-1863), and later to attempt to prevent desegregation in the late 1950’s. The 10th Amendment argument –premised on an ability to nullify a federal law — was a stepping stone to secession. Hmm…is Joe sure that he is on the right ticket? Between this and an apparent desire to repeal the statehood act in a land grab, Joe sure does look like a secessionist. Perhaps he is only running on the Republican ticket because the Feds don’t exactly cotton to secession. That Todd Palin endorsement is making more and more sense, isn’t it?
So, 10th Amendment litigation has a tarnished past, to put it nicely. It’s also entirely ineffective. “Legal Phrase of the Day” time, Joe: Supremacy Clause (federal law is the supreme law of the land). And, guess what? The Supremacy Clause is in the Constitution (yep, as originally ratified):
“The 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 Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
U.S. Constitution, Article VI, Section 1, Clause 2.
The Supreme Court has already ruled that the Supremacy Clause prevents this type of nullification attempt. Cooper v. Aaron, 358 U.S. 1 (1958). The Cooper case is historically significant; it involved a constitutional amendment by the state of Arkansas to oppose desegregation of schools, and a further law permitting children to essentially skip school if their school had been desegregated. The Supreme Court shut Arkansas down, holding that the Supremacy Clause made adherence to Brown v. Board of Education mandatory. Id. The Court also noted that the public officials openly denying the desegregation mandate of Brown v. Board of Education were violating their oath of office to uphold the Constitution — much like Joe Miller would be violating his oath as an attorney and as a potential U.S. Senator in doing the same. A concurrence by Justice Frankfurter emphasized that actions of the state would lead to anarchy and a breakdown of the rule of law. Id.
Tell me….why exactly is Joe Miller aligning himself with history’s racists and anarchists?
Joe Miller’s 10th Amendment spiel goes hand in hand with his desire for our country to return to a “constitutional republic.” What Joe Miller fails to understand is that this idea has been tried and rejected: it’s called the Articles of Confederation, Joe. We ditched ’em in favor of the Constitution.
Originally, when forming this country, the Founding Fathers thought that a loose confederation of states, without a strong centralized government, would be best for the union. The Articles of Confederation were ratified in 1781, and allowed the U.S. government to make war, negotiate treaties, and settle disputes involving the western territories. (Just like what Joe wants: the federal government should only provide for a common defense and secure the borders, and nothing more). The reason that the Articles were scrapped in favor of the Constitution just 6 years later is because this system doesn’t work: without a centralized government, there was no tax base, no way to finance the military or pay for wars, and there was no executive or judicial branch.
Because of the problems with the Articles, a group of “Founding Fathers” led the charge in repealing them in favor of a stronger central government. Who was one of the proponents of this? None other than George Washington, the subject of many a 10th’er, Tea Bagger and Birther’s wet dreams (over original intent, that is). You see, Joe, George Washington knew that your proposed system of government didn’t work over 200 years ago — and that was with a small country with an agriculture-based economy. Why are you trying to shove it down our throats now? Oh, that’s right – you’re a Palin protégée. You’ll say anything to get elected, no matter how absurd, untruthful or just plain wrong. (Seriously, I’m conflicted: is he really this stupid? Or does he know better, but lies just to get elected?)
So there you have it, Alaska. Joe Miller doesn’t know history, the law, or the Constitution. You know what to do.
(Go to www.actblue.com to donate to Scott McAdams, and tell your friends, family and neighbors all about what a fraud Joe Miller is. And most importantly….VOTE.).
The saddest part is that in the case of Social Security or Unemployment Compensation, the US Constitution, Article I, Section 8 expressly gives Congress the power to promote the general welfare. This means that the 10th Amendment wouldn’t even apply. And if Joe thinks that keeping millions of unemployed workers and elderly out of poverty isn’t promoting the general welfare of the US, then he needs to tell us what is.
Beth says, “each one Less Aware of the *consequences* of their actions, than the other.” Trouble is these people are voters and THEY may very well win the next election…Congress may go their direction. Does this mean that Congress will become irrational too?
While they fear socialism…I fear THEM! They have no concept of what the Constitution means! Or if they do, they actively campaign against many of it’s suppositions/beliefs. They are NOT patriots, as they would have us believe!
How can it be that the Founding Fathers wrote an amendment process INTO the Constitution, but wanted a static Constitution without changes? Makes NO sense to me! What am I missing? Someone? Tea Partier, please!!
If the Constitution was meant to be static; why did the Founding Fathers provide for a Supreme Court? Who needs it!???? And Amendments? Why the first 10? Why an amendment process? Does that not imply change? I don’t get it!
These reports from “Legal Eagle” have been so valuable. Assuredly outsiders have no idea about the Alaska Constitution, and sorry to say too many don’t understand the consequences and decisions which the Supremes have made over a few generations on the US Constitution. I, for another, am very grateful for the review and case decisions.
I have questions on the Alaska Statehood Act/Constitution concerning the 90% share of resource revenue from Federal Lands. I don’t visualize Uncle Sam sitting down to write us a check each year. Do the Feds audit the information (was that a function of MMS?) Would it be a better visualization as a flow chart of an amount of money (the 90%) distributed down thru Federal, State, Tribal and Local organized systems. Beyond that there may be “pork”? Or is what is otherwise referred to as “pork” really just that required (by ratified AK Constitution) of the Federal Government for its’ reservation of lands within the State of Alaska ?
Then, if any of the above is more than a visualization, seniority shouldn’t matter, unless the dividing throughtout the Federal system (i.e. Transportation, Fisheries, Health & Human Services, Housing, Justice) is a perogative of the Triumverate (the Alaska delegations).
If I am perplexed by these questions, my guess would be that an enormous portion of Alaska’s voting age population has narry a clue.
Then, of course, there is the difference between the voting age population and registered voters. That’s another whole bag of tricks.
If you keep up with individual comments I would be grateful for a response or some on-point references. If you are within the Mudflats maybe you have access to my email. Perhaps you may think these questions deserve widespread response. Go for it.
Thanx again.
thanks for the history lesson. Many years since I sat in a class and my memory always needs refreshed now. Sadly all his backers down here in this area aren’t going to bother to read and learn anything from anyone else but their talking heads now. What does one expect when the only news station to them is Fox.
As many have commented…a big thank you for the clear easy to understand pieces on the Constitution
there is no doubt..Miller ..the Republican Party and the totaly pathetic tea party…simply throw out retric..
as another great piece said…Joe Miller thinks you are not very smart… hate to use any Palin..but the
answer to that..is you betcha…They think people are not smart..that is they give enough ..fear..
use the catch retric..sound religious? wrap themself in the American flag literally as well.. the public
will fall for it and vote for them. It is very likely not one of them as these pieces have proved written
by Mudflats..they do not know the facts of the Constituion either but all their sham pitch about will fool
people for votes. I am so glad Mudflats is going in a national way..as to the radio situations…I want to
see more and more of this..all media picking up these pieces.
As to the reform healthcare bill..our supplement health insurance..as we have Medicare went down with
the new healthcare bill..in the amount over over loo dollars down a month. I think the healthcare reform
will work much better for the American citizen..remember some of the important elements to it will not
come in place for ..it is another year or two. This was most likely done..to enable the situation to get
the necessary situations in place to let it work smoothly. I would be for a public option and probably for
universal health care..as healthcare has risen higher than inflation ..however universal healthcare would be
a very hard sell..many in the senate would block it. Alaska really needs ..what about that Palin..Joe
MIller a ,much better healthcare plan for the senior citizens there that are not well heeled or have had
a doctor there for years. Alaska has one of the worse records on this as most doctors will not accept
Medicare ..the ones that will are so few they have to quite overworked. I know some doctors there
were trying to address this issue..but the last I read..they are not being able to get anything really done.
Do you not find..as Palin..Miller and now O Donnell tea party…and the Republican party say they are
so Christian..court big time the religious vote…yet vote and talk against any needed healthcare reform.
Makes me wonder the leaders of religious organizations then that back them..how Chrisitian is that
with that viewpoint…wha some people that have a pre existing condition or one so serious
they have to lose everything they have to pay for necessary healthcare.. what are they then supposed to
do? just suffer and die…I think many people do not understand yet this reform healthcare..because a
small business that is still viable today..there are definite ways the government has put in..tax credits
etc..to enable a business to afford healthcare.
I came across a list of the pieces of the Health Care Reform Bill that will take effect THIS YEAR — next week, in fact, on Friday 9/23 (six months after the bill was enacted).
Here’s the list:
– no lifetime limits on benefits.
– restricted annual limits on benefits.
– insurers cannot rescind coverage except for fraud.
– certain preventative services and immunizations will be required to be covered.
– unmarried children can remain on parents’ health plan until age 26 and
– children cannot be denied coverage on employment-based plans for pre-existing conditions.
These are things that will begin helping Americans right away. Yes, it’s clever of the Dems to do these popular things right away. But it is also good public policy and the right thing to do for America.
Don’t forget about the new reporting rules for 1099s. Beginning next year, any transaction of six hundred dollars or more will have to be reported to the IRS. As a small business owner, I am already trying to anticipate how much this is going to cost. I would have rather hired a new receptionist, but apparently Congress has other plans for my revenues.
Today in class we did a quick review of the Constitution, including Art 1 Sec 8 (enumerated powers), the and proper clause, supremacy clause and the 10th Amendment. I have to give a lot of examples as to why they should even care, and this post is perfect as it takes our Friday talk to the next level. I will SO be using this Monday!!!!!
I said something in the staff room before school about how cool it would be to go to the Stewart/Colbert rally. A good friend asked me why I couldn’t. I am never gone and I have personal days.
YEAH. She’s right. Two hours later my 22yr old baby progressive and I had arrangements made to go!!! My students think it is cool and I can’t wait. I am SO jacked to be around REASONABLE people!!!
Have fun! I am so glad to hear that someone is reviewing the Constitution with students! Where did Civics education go anyway? Why should the Constitution have to be reviewed in College?
Reality is, “you can lead a horse to water, but you can’t make him drink!” You can teach ‘civics’ but you can’t make them learn it! I know that I taught some of this stuff to sixth graders…..they surely weren’t interested and didn’t think they needed to care! At their age, they didn’t need to care…their parents were still providing 100% of their support. At what age does civics education become relevant? Heck! Even American adults prefer football, baseball and Brittany Spears to news!!
This is a good article and one that should be read by ALL voters, but the reality is this is not an issue for most voters! They barely understand our government and the parties cater to prejudices on each side. Reality is most votes are BASED on prejudice….not reality or facts!
Thanks for the history.
Since I was around during the Civil Rights movement I am aware of the use of the Commerce Clause to cover a vast array of Federal powers allowing it to reach into state and local affairs.
However, as you point out the 10th Amendment basically gives the Federal Government any power it claims as its own.
Joseph W. Miller is NOT on a national list of Bronze Star winners. Doesn’t prove he’s lying, but unless he publishes the medal citation, no proof he won it. The Army doesn’t maintain a list. I just sent in a FOI request for the citation. They say response in 10 days. Stay tuned.
Thank you for this post and your link back to Legal Eagle’s writings in, “Joe Miller – Liar, or Idiot? A Legal Analysis.”
I propose we start a Fantasy Football kind of thing for our politicians. You can try to build your favorite team by trading away your wingnuts.
It isn’t just the wealthy people crying over health insurance. There are people who have insurance because they have employers who can afford it (either the gov’t or big corporations) who say “everybody has access to health insurance”. Then are the people who cannot afford it (including small businesses that cannot afford to get it for their employees) who are saying, how can you mandate something that either puts me out of business or makes me choose between health insurance and heating my house? All good reasons for universal health care. And those same people don’t want universal health care because that is “big gummint intuding into my life” and “it doesn’t work….Canadians hate it”….etc. I don’t get it. The “gummint” cannot force the insurance companies to make it affordable so why not offer some reasonable competition? These are people’s lives we are dealing with. Or…there is always the alternative of no insurance at all (for anyone). I wonder how “Big Insurance” would feel about that one?
Hmmmm…..interesting idea…no insurance for anyone! Good idea! That one would last about 2 minutes. But it comes close to my idea…that all Congresspeople should have the benefits and wages of their AVERAGE Constituent….wouldn’t take long for everyone to have health insurance, decent retirement benes and a living wage!
Can’t we just give these people a piece of land and let them create their own state? The thing that makes me laugh is that there are those that claim that they want to do what our founding fathers intended. That should say it all and their mantra of “take our country back” is stupid. What happen to Country First? Well, evidently they don’t have a clue. Some of the very rights that they are screaming about would not be given. The government had the right to tell people what to obtain, during times of conflict. Different time, different era. Great history lesson.
Why is it an over stretch for the government to tell me that I have to carry health insurance? They tell me to pay taxes. States require car insurance and if people elect not to carry it, they do it at their own risk. So then why is it okay that states opt out of health care, shouldn’t there be a liability? Health care will be provided to those who can’t afford it, so why exactly are wealthy people crying over something they can purchase easily? And probably already do.
I think they object to paying for heatlh insurance (via tax dollars) for people who can’t afford it! These good Christians are anything but! What did the bible say about a camel and the eye of a needle? Oh, I forgot….and so did they!
Lisa has to know the dismal record of write in campaigns. They aren’t usually winners.
It Does appear that this is what she is going to do. The questions is why. I know that her supporters are encouraging this route, but it’s not a winning route so what do they think they are going to accomplish?
Lisa cannot win, no matter what she does. If she opts to be a write in candidate, she goes against her party and she has stated she is a loyal Republican, maybe not in as many words. She cannot endorse McAdams for the same reason. If she doesn’t write in and just withholds endorsement of Miller, she will be accused of not being loyal to her party. So I don’t think, whatever, she does, she can win. I think her best plan would be to just sit this one out, as she did lose the primary. But what do I know? I didn’t think the fraud/quitter would run for president, but she’s sure looking like a candidate. I think the fraud/quitter likes being the king-maker. She might not have been a cheerleader in highschool but she sure is putting on that act now. As far as I can read, she hasn’t given one piece of policy proposal to any of our problems (notwithstanding her “interviews” with O’Reilly), if you can consider what she said real ideas on the problems that face us. But she sure can whip up a crowd with platitudes and no substance.
Darby is not the first word on the Tenth Amendment. I know Legal Eagle has heard of Lochner. Reality is, Tenth Amendment jurisprudence has never been particularly consistent. In any event, the Tenth Amendment isn’t really what the Tea Partiers are worked up about, it’s the expansion of the “Commerce” power to potentially include any activity (or non-activity) that might possibly have some impact, somehow, on interstate commercial transactions. It’s really not a stretch to point out that the world we live in today is vastly different and more complex than the world the Founders lived in, and that Constitutional interpretation should reflect both the realities of the modern world and the philosophical principles of the Founders. Certainly the left makes that argument all the time.
Sorry, but I find it hard to believe that many tea partiers have the slightest grasp of what you are talking about, or care. There may be some, but not the majority. And believe me, I know. I live in the midst of them. They voted for JM because “Lisa lies” and “Lisa is two-faced” and “I hate the establishment so this will show them” and “I don’t like taxes” and “I hate Obama, he’s a socialist/Muslim/un-american”. They don’t even know what the ammendments are (at least not past the 2nd one).
I am sure that there are some sane people who joined the Tea Party for legitimate reasons but it has been hijacked. Coffee anyone?
It is a shame to engage in stereotyping. Tea partiers include everybody from your grandma’s knitting circle to the local pastor to young professionals. I have lectured on the Tenth Amendment and the Commerce Clause to several local Tea Party groups and find the attendees quite intelligent and very interested in the topic. Generalities like “living in the middle of them” invoke the same kinds of dehumanization as ignorant comments about all Muslims…just to use a hypothetical example.
Of course ad hominem attacks are an easy way to delegitimize the opponent, but the snobbery I see toward the Tea Party really sets a new bar for intellectual disingenuity. I keep hoping that one of these days, we’ll engage actual ideas in our political discussions. But maybe I’m a hopeless idealist.
I am not trying to attack or stereotype the Tea Party as a whole. I’m sorry that it came across that way. I am certainly not making it a them versus me, dehumanizing thing. Many of these people are my neighbors and coworkers and some are my friends. I am just stating the fact that these are the responses that I get (notice the quotes). The people who I know who are voting this way (and yes….I AM surrounded by more people than you can possibly imagine who think this way) do not talk about the constitution or any of its amendments other than the 2nd amendment. We often discuss politics and the state of the world. Unfortunately, we cannot agree on how to solve the problems because it always comes back to the above mentioned quotes. I am NOT trying to dehumanize anyone. I believe (and I always have) that there are 2 sides to every story. But I see a whole lotta crazy around me a lot of the time and I often find it hard to have rational discourse because the sides are so polarized. Even when there is a lot of common gound to be had.
I hope that you continue to come here for discourse as I appreciate your comments.
Palin was just caught in another lie by Malia Litman. She has documented exactly Why Mrs. Palin was lying when she said she had been caribou hunting and still had blood beneath her nails at the Beck speech in Anchorage. It seems impossible for many reasons, such as that Mrs. Palin does NOT have a hunting license, has not had a hunting last for the last couple of years even. Could not have taken part in a hunt issued by lottery last year for which you had to have a license for, the hunt was ONLY open for one day.
Malia Litman spoke with Alaska field and game peoples to confirm these facts. Go and read the whole thing.
Palin caught Lying Again. (gee if that isn’t a surprise)
http://malialitman.wordpress.com/2010/09/17/that-dog-dont-hunt/
And oh yes, the point is, Palin is Still not a hunter but she can’t stop lying about it can she. 🙂
The new improved Sarah Palin is born, Christine O’Donnell.
Just watched her speak, even though she pronounced the word “often” with a “t” which is just a thing. I learned “ofen.” Could be up for debate.
Now my snark, LOL. She is prettier, younger, and ooofff more articulate. Wonder if she likes to lie as much?
She certainly seems to like to grift as much.
I also learned that “offen” is the correct pronunciation of “often,” and it’s one of my pet peeves when people try to sound more educated by pronouncing the “t” instead of eliding it.
Great post LE. Appreciate your providing this information to the Mudpups.
This is why I love Mudflats =D A wonderful community and I learn something new every day =D
Thank you for this post! Joe Miller and the Palinites will be the ruin of this great country – keep them out!!!
To answer your question: He’s a lying liar who lies. No different than all of the other neocons. Just more arrogant and not putting all of this in the older “more acceptable” code (as per the glenn greenwald article from salon posted by another mudflatter).
It is sad that the justifiable anger of people (about our government being bought and paid for by large corporations and, in my case, about the party of “hell no” and their inability to move into the twenty first century) has been twisted and distorted so.
People just don’t seem to get that it is going to take rational discourse and an ending of this tribal, secessionist rhetoric to get out of the trouble that we are in.
All of the screaming about taxes? Well, when you live on credit, eventually you have to pay the bills. With so many unemployed, the tax burden falls on those who still have a job. Don’t get me wrong, there are 2 sides to every story and I think the government has some splainin’ to do about how money gets spent (huge gov’t contracts, wars, etc). I worked for the state in the summers of my youth and was often told to “slow down”, because in order to get the same budget next year they had to spend ALL of their budget this year. It seemed wrong then and seems wrong now. There should be some incentive to save money this year and have more if you need it next year. Of course this requires oversight or corners will be cut.
Plain, ole, “just like me” SP lovers and the everyday working men/women (notice I seperate these from each other) generally don’t have the time, or the inclination, to understand/debate the constitution or to try to understand state, federal or global economics. They have no idea how or why we are in the mess we are in. All they know is that they are scared. Scared of losing their jobs, their houses, their pensions. This then feeds into the racism that still underlies our society. People draw back into the cocoons of their “tribe/gang” because there is safety in numbers and the “I’ve got mine” meme continues.
Secessionist talk has always been rampant in the GOPers that I know in Alaska (not just the TPers). So many people here feel entitled to everything (“it’s my land, I can do whatever I want on it”–including breaking any and every law because they feel they do not apply to them). This is a big part of the SP attraction and her “pioneering spirit”. Many people moved here because they felt that they would be far enough away from the lower 48 and big urban areas that no one could tell them what to do. They resent all regulations, laws, etc. They don’t think about their own best interests (beyond their own wants). The disconnect is that, at the same time, they would howl if Federal monies (that are one third of our economy) actually disappeared (because they feel entitled to all of the bennies–note how they voted for and idolized Uncle Ted). Outside of the villages up here, where the people fully understand that without Fed money they will truely suffer, they are not listening to anything other than what they want to hear emotionally (“Yeah–those darn feds–they owe us, we ought to just secede”).
There is not a whole lot of critical thinking going on in the majority of the population IMHO.
Thanks for the lesson on the constitution LE.
This is a brilliant post, Lovemydogs. Brilliant.
The teabaggers are making inroads because they are being driven by the Dominionist/Evangelical movement. Palin, Miller, O’Donnell, Angle….we call them whack jobs, but they are all religious extremists that are too stupid to think for themselves and have instead lived a life being spoon-fed extreme religious doctrine that calls for them to take over all positions of power in US society. We are laughing at these people at the peril of our nation. Although they are sheeple who have lived a life believing everything they were told by their church, they have followed the directives to hold public office. And it is the other sheeple who are showing up to the polls and voting. Unless you want to live under the American Taliban, everyone in this country needs to educate their friends and neighbors and make sure they get to the polls to vote.
Excellent post Renee. Too bad we couldn’t get at least 51% of the people to recognize this.
These people are DANGEROUS! They shoot doctors/police and bring guns to churches and political events! What has become of our country and our political process? This is more like what one might expect in Iraq, Afghanistan or Pakistan!
William Golden’s 1954 novel, _Lord of the Flies_, comes to mind with the games these Tea Baggers are playing.
They confirm to me daily that they’re nothing so much as a bunch of Woo-Hooers with middle-school mentality and maturity…each one Less Aware of the *consequences* of their actions, than the other.
I’d love to ask EACH of the people who voted for a Tea-Bagger-backed candidate:
“Yes, it’s heartwarming, tears-in-the-eye, lump-in-throat, and all-over-glad-making to know the Down Syndrome girl and boy were elected as Prom Queen and King because of *your* vote, but would you *also* vote for the girl to be head cheerleader or the boy to be starting quarterback?
Do their skills and abilities match the task/job requirements – do their abilities and skills come anywhere *near*! what is *needed* to carry out the duties of head cheerleader or starting quarterback, or are they, frankly, just not up to the responsibility of being anything *more than* Prom Queen and Prom King?
And, since it should be OBVIOUS –to anyone who has actually *thought* about it– that they are *Only* Prom Royalty material, why in the H377 did you vote for them for State and/or National office? Did it NOT occur to you that your little ‘temper tantrum’ with the status quo DOES have consequences? That voting for someone to fill a government position as *your* representative is NOT the same as voting for someone to be your *high school’s* Prom Queen and Prom King?”
I wonder if such a ‘big thought’ has ever entered the sweet and charmingly-quaint little brains of those who voted for (and support!) the Tea-Bag-candidate(s). beth.
I wonder just exactly, how much money Todd, Joe and the Quitter are willing to pay for making Alaska their own sovereign Nation. Obviously they don’t have an army, so they will have to pay the tax payer in the lower 48 for it.
And exactly who is going to lend them the money, China? Not likely with oil reserves depleted. If they did get a loan(perhaps from God’s will …God forcing China to make loan), they would default (because they are stupid) and then Alaska would become China. Todd, Joe and Quitter could have to become communists and Chinese. And both Canada, America, could start World War III, because neither want China to have troops in this hemisphere.
It’s all a bunch of nonsense, therefore how could any sane person vote for this idiot.
Pretty hard for Joe not to be a traitor, in my book.
Trouble is you are thinking logically. THEY don’t think logically, if they think at all!
Another interesting and stimulating post on the Constitution. That’ right, I said stimulating!!
I love history.
But you are one of how many in Alaska …. and most everywhere else in the USA? SAD!!
Also too: Does anyone know how many kids (if any) Jo(k)e Miller has?
On his web site an unidentified pile of kids are all over him — other places he/wife are standing with two young women who are also not identified. Huh??
He has eight children.
Check out Miller’s web site – all Pay-linesque empty rah rah rhetoric and cliches with no details about Alaska issues. It’s all high tech, flash and buzz —- Compare it to Scott McAdams’ web site and tell me who is more authentic and AK-centric.
Miller talks alot about developing AK’s energy resources — Does anyone know his positions on huge extraction industries like Pebble Mine and Chuitna coal mine?
Interesting how that Dixie whistle keeps going!
Thank you for the case law. I think the 1992 case is rather fascinating as (if I am understanding this correctly) the federal govt. is trumping a state’s laws (or lack of?) to demand that nuclear waste be properly disposed of? I can think of a couple instances where the State of Alaska has not properly considered wetlands during permitting in my little town. So we citizens have had to call out the federal EPA to trump this lack of enforcement. I assume Mr. Miller would prefer the wetlands and the wildlife that depends on them be ignored in his championing of state’s rights. This is the state’s rights anti-regulation meme the Tea Party considers common sense government: Anything goes as long as it creates jobs and money. Unfortunately it results in a great defiling of the nest we all inhabit.
I am looking for exceptional people to govern my country who have some answers to the very complex problems we face. And guess what! The answers to most of our problems takes many years in college studying complex subjects. I wonder if Joe’s transcripts reflect any science courses?
GOOD piece.. this makes it acutely clear that Joe either:
1) got his law degree from the back of a cereal cartoon or Liberty University – they’re actually the same thing, or
2) “Oh, that’s right – you’re a Palin protégée. You’ll say anything to get elected, no matter how absurd, untruthful or just plain wrong. (Seriously, I’m conflicted: is he really this stupid? Or does he know better, but lies just to get elected?)”
Your words LE tell the real story… Does he have a house that resembles the Uni-bomber???
So what’s sister Lisa gonna do?? Quit like her pal?? Quitters sure are piling up in that state… got enough space??
Lisa didn’t quit. She lost the election — mostly because she didn’t campaign very well. Now she could step up to the plate and endorse Scott. His politics are a lot closer to the Republican party that Lisa joined than Joe Miller’s politics.
Lisa can’t, I don’t think, endorse McAdams…she still has too many years left in her to serve at the State and/or National level — endorsing McAdams would stop that train at the station for her. People who jump party are never looked upon favorably in any [future] elections.
What she CAN do, though, is consistently and constantly point out ALL the *F.A.C.T.S* about Joe Miller’s “ideas”/”platform” and how his pandering to voters is nothing *but* pandering — that he is playing Alaskans for the ultimate fools by spouting off absurdities that have NO basis in reality, the law, OR the Constitution (either AK or US.)
If she exposes –at EVERY opportunity and with utmost politeness and decorum– the outright fraud that is Joe Miller, she not only saves AKans from the embarrassment of possibly electing a delusional wannabe to the US Senate, she’ll be solidifying her creds with citizens of Alaska as a realistic, straight-talking, knowledgeable, and honest person who only has the very best interest of the State (and Alaskans) at heart. This can only *help* her in her further political ambitions…if she has any (and I have a feeling she does).
Lisa needs to take a page(s) from Legal Eagle and *educate* Alaskans! [And LE needs to get *all* the information provided us ‘mudders about Joe v. The Law to every single available outlet! Newspapers are our friends! — PLEASE!!!] beth.
I don’t agree. Lisa was a very moderate Republican, a type which is supported in Alaska. If she draws her line in the sand against the Tea Party craziness and hijacking, she will be respected for that. The ones who won’t budge are ones who won’t budge anyway no matter what she does.
Being a moderate gives her a better chance against Begich in four years, or she has plenty of talent, education and connections to go on to new, greener pastures and ways to help Alaska if she wants to continue public service from the private sector.
But if she flat-out endorses McAdams? What’ll be her chances then — she’ll have ‘crossed party lines’. She can be a moderate all she wants…but *at the Moment*, she needs to speak up and let all those who voted for her [and who’ll now go ‘party candidate] *know* that what Miller is ‘proposing’ is so much doo-doo-talk crazy.
Politically, she *can’t* throw her weight behind McAdams…but she sure as heck can educate those who had been supporting her, those who were undecided, and all *other* Alaksa voters, that Miller is NOT the candidate they *think* he is. She doesn’t have to get ugly [she can’t!] and she doesn’t have to make it a ‘he said/she said’ thing [she can’t do that, either!], but she sure does need to let AKans know the REAL skinny and how reality (and the law, Constitution, etc….little ‘minor details’ like that) is *not* what Miller is all about.
Its a win/win all the way around. She keeps her hand in politics all the way through the end of her term –the gracious ‘loser’ to Miller who isn’t sniping at him– and the public gets educated on what is, and is not, within the legal boundaries of federal and state law. Too, this solidifies her chance against Begich and/or anyone else…because she is FOR Alaskans, she speaks truth to them — she doesn’t feed them pie-in-the-sky smoke. Leastwise, that’s the way I see it. beth.
#2.
Now,
people can get off of crying about the President not being the (hope and change) they wished for.
So what change can Palin and her gang give America? They are too busy collecting that change including the recently unified Republicans who will try to sell the same old bill of goods.
There unity might backfire and they will be stuck with their Repub candidate Palin.
and that is (Their) not there…
Isn’t it unbelievable that perhaps 50% of all species may become extinct in the next 40 yrs and yet, this guy could become a US Senator.
Alaskans truly need a reality check.
It is not only Alaskans though I would hope they do get a dose of reality but I think the die harts will simply follow the leader right off a cliff.Many other states are facing somewhat the same thing,maybe if people wake up and really look at what the candidates stand for or rather do not stand for something can get done. Do we want people who run corporations running our country.I think not.They will vote for anything that will benefit themselves!!!!!!!!!!!!
Great explanation of the meaning and the history of the Constitution, legal eagle. Thanks for making it clear and putting all of it in context, something that Joe Miller and the 10th -ers can’t seem to do. I suspect that’s because they haven’t really bothered to even read it. Someone “told” them what it said and they jumped on the latest band wagon. Hope they all fall off soon. They are such a distraction when we really need to be talking about how to solve problems.
However, on this particular day it is nice to have a lesson on the Constitution. So, thanks.
i agree…an EXCELLENT post and lesson on our “living” document….what joe, $arah and the rest of the republiCONS are counting on is that their base hasn’t read it either and will just take their word for it….glenda is truly a “dusty rhodes” kinda guy…..
I would love to go!!!
http://www.rallytorestoresanity.com/
About time…
i’ll be stunned if jon and stephen can’t REALLY get 300k people…and hey, if they don’t they can just “claim” they got a million…like some other “organizations” we know….(87,000 is a pretty low bar for all the hype and promo by glenda and faux “news” for all those months….)
Me too, but Washington State is just too far from Washington DC
for my budget.
ME TOO!!!
The minuet I heard Todd palin was backing him I thought of how the succession’s were trying to get in anyway they could and what better way then The GOP or the tea party.Are members of the GOP that dumb or is it just that they don’t really care what happens to our country?You just have to know he would back his pal. JMO
I want one of these rootin’ tootin’ gun-totin’ Repubs to get charged with sedition.
Ride’m Cowboy! Don’t forget your spurs….
So a guy who graduates at the bottom of his law class is still called a lawyer, huh? I wonder where Joe Miller graduated.
Someone has to be on bottom, and if they can pass the bar, who cares that they were at the bottom?
But voters need to know they were at the bottom. Heck! Someone’s gotta do it! (be on bottom).
Today is Constitution Day-the day to celebrate the ratification of the United States Consitution.
Thank you Legal Eagle .
I’m thinking Yale Law School might want to polish up it’s image by demanding Mr Miller’s diploma be returned.
As always, Alaska Pi pays attention to details and then throws in some funny stuff, also and too. 🙂
Yup, these politicians are an insult to Yale and any other ‘Ivy League’ school they graduated from. They should be ashamed! I thought this when Bush was President and these ‘legal eagles’ only make it more apparent! He isn’t a ‘legacy’ is he? They should stop with the ‘affirmative action’ as well!
I’m glad you posted this because I’ve been wondering what Constitution Joe was reading. I thought maybe Joe was the only one uniquely qualified to interpet what our Founding Fathers really meant when they wrote the Constitution. Now that he has won the Republican nomination, I quess he’ll have to soften his interpetation of the Constitution to appeal to the more moderate voters. I see him as being a chameleon politician, changing emphasis of his talking points to appeal to whatever group he’s addressing.
silly question..but… where is the cross over point from Free Speech to Sedition ? Especially for an individual who has sworn to uphold the Constitution ?
Intent and call to action (for seeable outcome)
Sedition and treason do not seem to apply to tea baggers and some (most?) republicans since January 20, 2009.
Ben says, “…where is the cross over point from Free Speech to Sedition ? ” Good question, Ben, but here’s another one….”Is it sedition when no one will call it sedition…or can even RECOGNIZE it as such?”
Lies go unanswered, except here, but who reads this stuff? You and I, but do the people who NEED to read it, read it? NOPE!
Excellent post! I wonder how many of Joe’s followers will understand or even care to understand the truth,though. If they are also Palin fans, the truth isn’t relevant.
However, for those of us to whom the truth matters, to whom history matters, an article such as this is greatly appreciated. Thank you.
Saw Miller come off a plane from Denver this evening. Pallin’ around with the wackadoodledoos from Colorado Springs Focus on the Family? Adding tithes to his war chest?