Elastic Clause

Important Anniversaries To Commemorate!

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The last few days have seen some important anniversaries worthy of mention.

On September 14, the day that THE ROOSEVELTS Ken Burns series started on PBS, it was the 113th anniversary of the accession of Theodore Roosevelt to the Presidency, due to the assassination of President William McKinley, who had been shot on September 6, and died eight days later.  It was no accident that the Ken Burns series, the best documentary in many years, started on that significant day, marking the beginning of the transformation of the American Presidency over the next century and more!

On September 17, two important anniversaries were noted.  The 227th anniversary of the signing of the Constitution by the Founding Fathers, a group which saw a need for a strong national government and broad interpretation of the Constitution, as shown through Article 1, Section 8, the “elastic clause”, was celebrated as Constitution Day.  The right wing conservatives and most Republicans of the 2014 variety, including the despicable Tea Party Fascists, have tried to distort the Constitution and the Founding Fathers, and this warping of the Founding Fathers must be fought to reverse the damage done by these groups!

Also, September 17 marks the bloodiest battle of the Civil War, at Antietam, Maryland, in 1862, the 152nd anniversary of that tragic event, and an important moment for the Union in its battle, under Abraham Lincoln, to preserve the Union.

Also, today, September 18, is the 163rd anniversary of the NEW YORK TIMES, still the best newspaper in America, despite some notable shortcomings over the years.

So we have a lot to note and commemorate in mid September!

The Republican Attack On The Constitution: A Threat To American Democracy!

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The Republican Party loves to assert that the Democrats, and progressives in particular, are attacking the Constitution, and that they are the experts on the Constitution.

So therefore, in this Presidential primary season, and in the party membership in Congress, there are statements constantly attacking the court system, anytime that a federal judge or court issues a decision against the conservative view of the Constitution. There are condemnations and calls to change the court system on a regular basis.

One would think that the Democrats and their progressive friends have dominated the courts in recent decades, which, of course, is the exact opposite of the truth!

One forgets that from 1969-2011, there have been only 15 years of Democratic control of the Presidency, as compared to 28 years of Republican control.

The vast majority of federal judges have been Republican appointments, as a result, and Republican Presidents have made a total of 13 Supreme Court appointments over those years, and Democrats have made only 4, two by Bill Clinton and two by Barack Obama!

But now,. Newt Gingrich calls for judges to be required to testify before partisan Congressional committees, a violation of the separation of powers, and a danger to an independent judiciary!

What it comes down to is that Newt Gingrich and all of the Republican opponents, with maybe the exception of Mitt Romney and Jon Huntsman, wish to create a court system that would move away from the path breaking changes that the Supreme Court brought about during the years of the Warren Court, Burger Court, and Rehnquist Court including:

Brown V. Board Of Education
Miranda V Arizona
Roe V Wade
University Of California V. Bakke
Lawrence V Texas

As it is, there are threats presented by the Republican growth of dominance on the federal courts to all of these issues–racial integration, rights of criminal suspects, abortion rights, affirmative action, and gay rights.

The Republicans will not be contented until there are reversals on all of these issues, and a return to the “good old days”, when minorities “knew their place”; police had unlimited rights over those they questioned or arrested; women had no control over their reproductive rights; minorities and women had disadvantages, as compared to white males, on educational and job opportunities; and gays were forced to remain “in the closet” and face open discrimination and hate without recourse!

So when the Republicans claim to understand what the Founding Fathers meant at the Constitutional Convention, they are forgetting that those esteemed leaders put into the Constitution the “Elastic Clause” to allow for expansion of the Constitution beyond the original document, in order to make the Constitution a “living document” adaptable to changing times.

The real threat is not what the federal courts have done in the past sixty years! It is the attempt of conservatives and the Republican Party to negate the great progress brought about the Supreme Court and lower courts in the past sixty years, and revert back to the years after World War II, when all of these great changes started slowly to evolve through courageous judges and Supreme Court Justices, including Earl Warren, William Brennan, Hugo Black, William O. Douglas, Thurgood Marshall, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, David Souter, Ruth Bader Ginsburg and Stephen Breyer.

Today Is Constitution Day: How About Truly Understanding The Constitution, Instead Of Politicizing It For Right Wing Propaganda?

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Today is Constitution Day, the day in 1787 when 39 delegates to the Constitutional Convention in Philadelphia agreed to sign the Constitution that they had fought over in four months of debate, and with the element of compromise predominating!

Ever since, the Founding Fathers and what they did has been interpreted in many different ways, and it has become the passion of the Tea Party Republicans and conservatives to distort the meaning of the Constitution and the intentions of the Founding Fathers!

The Constitution has been viewed by these right wingers as promoting a limited national government, advocating states rights, and promoting combination of church and state.

They fail to understand that the Constitutional Convention was a reaction to the states rights, limited national government of the Articles of Confederation, which led to anarchy, chaos, and economic emergency, and proved the need for a strong central government.

They fail to understand that Section 8 of Article 1 on Congress allowed for the “elastic clause”, that Congress shall have the power to enact legislation to “make all laws which are necessary and proper” and to “provide for the common defense and the general welfare”. The Founding Fathers understood that no one could accurately predict the future, and the national government had to have authority to expand the meaning of the Constitution in order to survive and be viable in the long term future of the nation!

The Founding Fathers also clearly understood that while religious freedom should be protected, that there was a need to prevent a theocracy, a control of government by religious viewpoints, and they would be shocked at the attempts of religious fundamentalists to force their moral and spiritual views on American politics and society!

This is the truth and the reality of the Constitution and its meaning for America 224 years after the Founding Fathers, NOT conservatives but rather liberals of their time period, used their joint wisdom and intelligence to create the greatest constitutional document ever created by mankind to govern a free people!

Mitt Romney: Will He Sell His Soul To Be President?

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Former Massachusetts Governor Mitt Romney may be in the lead in public opinion polls for the Republican Presidential nomination, but it is clear that many Republicans are desperately seeking for someone else, whether it is Governor Rick Perry of Texas or Governor Chris Christie of New Jersey or others.

The Tea Party Movement does not like Romney, and neither do evangelical Christians who are suspicious of Romney’s Mormon faith.

Plus, Romney’s health care plan causes discontent, and the feeling that he does not really relate to Republicans voters, or in reality, maybe to ANY voters!

The latter is shown by his insensitive comment in New Hampshire that he is unemployed too, said as a joke to unemployed people he was meeting with. Could he truly commiserate with them, when he has at least $200 million personal fortune behind him?

Also, he made a comment not much noticed right after the New Hampshire debate, but recognized in the aftermath. Romney criticized the federal intervention by the Federal Emergency Management Agency in the days after the floods and tornadoes in the Midwest in April and May. He termed the intervention and spending as “immoral”, said FEMA should be privatized, and declared that deficit spending to help the victims made no sense at all, and burdened future generations with extra debts!

If we pursued what Romney has now advocated, it would mean only wealthy, well connected people would be guaranteed food, shelter, clothing, and protection if a disaster struck. How moral is it for someone to be so heartless and unconcerned about the tragedy of natural disasters?

This is Tea Party Movement extremism to the level of crazy and loony, and is obviously Romney’s attempt to appeal to the extreme right wing of his party, but if he were to win the nomination and become President, would he really pursue such narrow minded views, defying the history of the United States regarding the “general welfare” of the population, as enunciated in the “Elastic Clause” (Article 1, Section 8) of the Constitution? Romney NEEDS to clarify this matter, as an issue to consider regarding voting for him to be our President!

House Republicans Hold Back On Disaster Relief And Emergency Preparedness, Insist On Budget Cuts

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The House Republican leadership. led by Eric Cantor, Majority Leader, is insisting that there be budget cuts to match any increase in spending on disaster relief and emergency preparedness.

This outrage is being perpetrated as the Midwest and the South face the most daunting natural disasters we have ever seen in just the past few months!

The onslaught of hundreds of tornadoes in the past two months, including the most disastrous in Alabama and Missouri, along with the flood crisis faced along the Mississippi River all the way down to the Gulf of Mexico, is a national emergency of massive proportions!

When a natural disaster occurs, reaction by first responders, police, firefighters, and paramedics should be unlimited without any consideration of budget costs!

If government cannot provide aid to the needy and the desperate in a time of trauma, then what good is government at all? It is NOT the job of government solely to defend the nation from outside attack and internal man made threats to our national security. It is ALSO to come to the aid of the needy, the poor, and the disadvantaged when a natural disaster occurs, without forcing budget cuts to match the disaster’s costs!

The truth is that there is no way around the fact that tax INCREASES will be necessary, whether the American people want them or not. It is government’s job to do what is “necessary and proper”, for the “common defense and general welfare”, Article 1, Section 8 of the Constitution, the “elastic clause”!

The Republican Party is showing its true colors in so many ways, but particularly in “blackmailing” the Democrats to force cuts in the midst of a national emergency! How despicable and disgraceful!

Tea Party People And Conservatives Take Note: The Constitution Established A Strong National Government, And The Amendments Have Made For A More Liberal, Nationalist Nation!

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Tomorrow, the House of Representatives is spending taxpayer money to read the Constitution out loud, as a supposed lesson to the nation as to what the Constitution contains.

This is occurring due to the impact of the Tea Party Movement, but if that group and other conservatives really listen to and think about the words of the Constitution, they would realize what the Constitution is all about.

The Constitution was created to REPLACE the Articles of Confederation, a document that gave the states authority that led to chaos, anarchy and bankruptcy, and forced the hand of liberal nationalist Founding Fathers who realized that the country would not survive without a STRONGER NATIONAL GOVERNMENT.

The Constitution gave the US Congress tremendous and specific powers in Article 1, Section 8, the ELASTIC CLAUSE–necessary and proper for the common defense and the general welfare–, creating vague language that could be interpreted broadly, and has been by the Supreme Court over 200 years since the time of Chief Justice John Marshall.

Liberal nationalists brought about the Constitution and the Bill of Rights!

Liberal nationalists brought about the Civil Rights Amendments (13, 14, 15) in the years after the Civil War.

Liberal nationalists brought about the “Progressive” amendments on the federal income tax (16), direct election of the US Senate taken away from the state legislatures (17), and woman suffrage (19) in the second decade of the 20th century.

Liberal nationalists brought about the right of DC residents to vote for President (23), the end of the poll tax in all elections (24), and the 18 year old vote (26) in the decade of the mid to late 1960s and early 1970s.

The Constitution has been made the great document it is by the actions of the Founding Fathers and later generations of liberal nationalists, whether Federalist, Republican, or Democratic, and by Supreme Courts led by great Justices, including John Marshall, Louis Brandeis, Benjamin Cardozo, William O. Douglas, Earl Warren, William Brennan, Harry Blackmun, John Paul Stevens and many others!

No matter what conservatives, Republicans, and Tea Party activists might say or believe, it is LIBERAL and PROGRESSIVE activism that has led to the Constitution and its amendment improvements over two centuries!

Liberals and progressives stand together in pride as to their enactment and expansion of the document which inspires people all over the world, the greatest constitutional document ever created by the will of mankind!

Celebrating Constitution Day: The Need To Understand The Intentions Of The Founding Fathers!

Ronald 2 Comments

Today is Constitution Day, the day 223 years ago that the Founding Fathers signed the Constitution at Independence Hall in Philadelphia, and started the process of ratification of the sacred document that we have lived under for 221 years!

There is great admiration and respect for the Founding Fathers, but the ideas of the Founding Fathers have been hijacked by many groups that claim to understand what the Founding Fathers believed and put into effect in 1787!

Many would have you believe that the Founding Fathers set up a rigid document that was not meant to be adaptable to changing times!

Many promote the belief that the Founding Fathers were setting up a Christian nation, rather than a nation with religious freedom!

Many want us to believe that the national government was meant to be secondary to states rights!

There is so much misunderstanding of what the promoters of the Constitution intended, and many believe that they would support the intentions of today’s social conservatives and the Tea Party Movement!

All of the above assumptions are totally false, as the Founding Fathers intended for a broad interpretation of the Constitution, as shown in Article 1, Section 8, the Elastic Clause; promoted a separation of church and state; and had no intention of promoting states rights which would defy the Constitution’s intention of one united nation! They were not narrow minded and bigoted, as social conservatives and Tea Party Movement people have proved to be!

The Founding Fathers had a forward looking view of the future, not the narrow minded, negative view of many today who keep on distorting the reality of the Founding Fathers and the Constitution! We must not allow these negative forces to destroy the true meaning of the Founding Fathers and the fantastic document they bequeathed to us!