Constitutional Coup d’état?

Last November, Marylanders went to the polls. In addition to choosing candidates to administer their government as well as delegates to legislate for them, there was a ballot question on whether to call a constitutional convention, which, if voters so chose, would provide an opportunity to propose fundamental reforms.

Well, voters so chose. A solid majority — 54.4 percent — voted Yea.

But the Maryland Legislature isn’t setting up the convention.

In a Baltimore Sun op-ed, J.H. Snider, president of iSolon.org, tells the history of the constitutional convention provision in Maryland’s 1851 Constitution: “From 1851 until 1930, the majority required to convene a con-con was interpreted and implemented to mean an ordinary majority.”

But in 1930, when a majority said yes to a convention, the legislature balked, claiming that a convention required a supermajority of all citizens voting in the election. In other words, those not voting on the convention issue were counted as Nay votes.

A legal challenge was brought, but failed, because the counsel to the General Assembly provided, according to Snider, “a remarkably selective and biased interpretation of the con-con debates” for the court. In 1950, again a simple majority called a convention, again legislators shut their ears and, this time, a federal court case failed to decide the matter.

Snider supports a convention as the “best hope for fixing Maryland’s democratic deficits, including its inherently corrupt redistricting system and its legislators’ defiance of popular sentiment on legislative term limits.”

So, he’s suing the Old Line State government “to force it to convene the con-con a majority of Marylanders voted for on Nov. 2, 2010.”

This is Common Sense. I’m Paul Jacob.

Answering Liberty’s Call

Our rights are guaranteed by the U.S. Constitution. But words alone don’t defend those rights; people do.

Every day our First Amendment rights to speak out and to petition are put to the test.

A little over a week ago, Dave Roland, the Director of Litigation for the Freedom Center of Missouri, got a phone call at 1:00 am. Two volunteers circulating a petition on a public street in St. Charles had been detained by police, cited for “soliciting without a permit.” The ballot measure they were petitioning for was to legalize marijuana — and tax and regulate it like alcohol and tobacco. Some of their petitions were confiscated.Dave Roland fields a question.

Roland and his wife Jenifer Ziegler Roland, the center’s executive director, went to bat for these two citizens and their constitutional rights, contacting St. Charles City Attorney Mike Valenti.

Faced with the prospect of a lawsuit, Valenti quickly dismissed the charge against the two petitioners.

“Police officers should know that this right may be freely exercised on public sidewalks,” said Mrs. Roland, “but if the police make a mistake, municipal attorneys ought to follow Mr. Valenti’s lead and correct the constitutional violation as quickly as possible.”

When a woman outside Philadelphia’s Constitutional Convention asked Ben Franklin what kind of government had been created, Franklin famously replied, “A Republic, madam, if we can keep it.”

We can keep it. Thanks to people such as the Rolands at Missouri’s Freedom Center.

This is Common Sense. I’m Paul Jacob.

Against Regimentation

On Monday, Senator Rand Paul got caught in a contretemps with the TSA. He was not in transit to or from his work in Congress, so he couldn’t enlist constitutional protection from being detained.

And detained he was.

Well, the TSA insists that he was not “at any point detained,” but what he says is this:

I was detained by the Transportation Security Administration . . . for not agreeing to a patdown after an irregularity was found in my full body scan. Despite removing my belt, glasses, wallet and shoes, the scanner and TSA also wanted my dignity. I refused.

I showed them the potentially offending part of my body, my leg. They were not interested. They wanted to touch me and to pat me down. I requested to be rescanned. They refused and detained me in a 10-foot-by-10-foot area reserved for potential terrorists.

Both Senator Paul and his father, Congressman Ron Paul, have criticized the TSA. They echo those 19th century classical liberals who had a word for the kind of treatment that modern security-obsessed Rand Paul makes a statementgovernments inflict upon a (too willing) populace: “regimentation.” What’s more regimenting than being forced to wait in lines, holding shoes in hand, emptying the contents of pockets into institutional-gray trays, submitting to a variety of scans and gropes?

There have got to be better ways of securing big ol’ jet airliners. Why not apply greater legal liability to airlines for safety, and let them figure out more customer-friendly methods of keeping terrorists out of cockpits?

Any government security effort ought to focus on spotting and stopping terrorists . . . without sacrificing everyone’s freedom and dignity.

It’s Common Sense. I’m Paul Jacob.

Skipping the Political Pomp

Tim Thomas is the All-Star goaltender for the Boston Bruins, winners of the National Hockey League’s 2011 Stanley Cup — which “was won by defense as much as by offense,” President Barack Obama said yesterday at a White House event honoring the team:

Tim Thomas posted two shutouts in the Stanley Cup finals and set an all-time record for saves in the postseason, and he also earned the honor of being only the second American ever to be recognized as the Stanley Cup playoffs MVP.

But Thomas wasn’t there to hear the president’s praise. He chose not to attend, explaining cogently in a statement:
Tim Thomas

I believe the Federal government has grown out of control, threatening the Rights, Liberties, and Property of the People. . . . This is in direct opposition to the Constitution and the Founding Fathers vision for the Federal government.

Because I believe this, today I exercised my right as a Free Citizen, and did not visit the White House. This was not about politics or party, as in my opinion both parties are responsible for the situation we are in as a country.

Boston Bruins President Cam Neely explained that Thomas’s “views certainly do not reflect those of . . . the Bruins organization.”

Sportswriter Joe McDonald charged that “when the president of the United States invites you . . . you go and represent the team,” and that “Thomas instead chose to represent himself.”

Yes, as Thomas admitted: “This was about a choice I had to make as an INDIVIDUAL.”

His quiet, conscientious choice to stay home — no news conference or interviews — was heard loud and clear by me.

It’s Common Sense. I’m Paul Jacob.

The FUBAR State

Newt Gingrich came from behind for a smashing victory in South Carolina’s primary last Saturday. And yet a more interesting story may be emerging in Iowa: Rick Santorum, not Romney, is apparently the Republican caucus winner. Though that’s not counting the eight precincts whose official results forms went missing.Iowa counties

This could be just another typical screw-up. Democracy means “rule by the people,” and “the people” aren’t perfect.

Foul-ups happen.

On the other hand, the whole thing smacks of back-room manipulation. The fact that the official tabulations were moved away from the traditional site, GOP state party headquarters, to an undisclosed location — allegedly to “protect” the vote-counting from Occupy protest influence — makes the uncertain results all the more suspect.

And Republicans can’t blame this on Occupiers.

The winner may have been the biggest loser. Santorum got the proverbial bump from the initial Iowa results — losing by a mere handful, it was reported — but Romney received a bump from it too, simply by being declared a winner in the closest caucus race in American history. By “losing control” of the actual count, the Republican Party of Iowa skewed the national election.

Leading into the caucuses, Ron Paul’s supporters sniffed something conspiratorial in the vote count location switch, complaining that such a move could help “disenfranchise” Paul’s supporters, knowing that GOP caucus officials were not at all friendly toward his candidacy.

You’re probably familiar with Stalin’s most famous quote about democracy: “It’s not who votes that counts, but who counts the votes.”

In Iowa, Stalin’s shade sports a mischievous grin.

This is Common Sense. I’m Paul Jacob.