Declaration of Independence

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

Sunday, March 7, 2021

When Will Americans Awake?

             The topic of discussion for this Constitution Monday is the way Democrats and Leftists are trying to destroy former President Donald Trump. The Democrat-controlled House of Representatives led by Speaker Nancy Pelosi impeached Trump twice, and the Senate failed twice to convict him.

The Democrats and Leftists are angry at Trump, and they are angry at their failure to remove him from office. Their Trump derangement syndrome has taken control of their ability to reason as well as their responsibility to protect and preserve the Constitution. Hence, the bill known as the No Glory for Hate Act.

According to GianCarlo Canaparo at The Heritage Foundation, “The act is petty and petulant, and it inspires a strong temptation to laugh and mock. It is, however, an unconstitutional abuse of power, and that transforms an amusing little fit into a worrisome precedent.” Canapara continued: 

The bill targets “any former President that has been twice impeached” – excuse me while I take a moment to figure out all the presidents that it applies to – and says that no federal funds may be used to commemorate all those presidents.

It also prohibits any federal buildings, lands, streets, or the properties from bearing the name of those presidents. Likewise, it bars federal funds from going to any entity that will spend them “for the benefit of” any property that bears the name of any of those former presidents (of whom I’m sure there are many).

Ironically, the bill fails to include an exception to the naming provision for outhouses, privies, latrines, water closets, or hazardous waste disposal sites. If you’re going to be petty, I ask only that you be clever about it.

The tantrum continues. All of those twice-impeached presidents will have their pensions and all other federal benefits taken away except Secret Service protection. Likewise, none of them may be buried in Arlington National Cemetery (I’m sure that will save a lot of space there).

            Canapara calls the bill exactly what it is: “like a child throwing a public fit.” It would be comical to watch if it were not so dangerous. According to Canapara, “the bill manages to violate the Constitution in two ways.”

First, it violates the Punishment for Impeachment Clause, which, as the name suggests, specifies the punishments that may be doled out when someone gets impeached. It says: “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States.” If you noticed the phrase “shall not extend further,” you’re doing better than House Democrats who either missed it or have a different copy of the Constitution that you and I do….

The bill also misses the requirement that a president be found guilty by the Senate before he can be punished. Judgement follows conviction.

[Second] The No Glory for Hate Act also runs into trouble with the Bill of Attainder Clause. That clause says: “No bill of attainder … shall be passed.” A bill of attainder, as the Supreme Court explained … is a “legislative punishment, of any form or severity, of specifically designated persons or groups.” …

The law we’ve got says that legislation is a bill of attainder if three conditions are satisfied: (1) it targets specific people or a group of people; (2) it includes punishment; and (3) it lacks a judicial trial….

In Trump’s care, or rather, the case of all twice-impeached presidents, all three elements are satisfied. This bill targets a group of affected persons: all those surely numerous presidents who have been twice impeached. It includes punishment: loss of federal pension and other benefits. And it lacks a judicial trial: those presidents are punished as soon as a majority of the House votes twice to impeach them.

            The temper tantrum brought a bill that violates the Constitution in two ways. Those members of Congress who are so willing to violate their oaths to protect and preserve the Constitution should be removed from office.


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