m**c 发帖数: 7299 | 1 让那些为了讨好变态人渣而贪赃枉法的人渣也想一想天理报应.
Impeach Chris Piazza? Look who's talking
Posted by Max Brantley on Sun, May 11, 2014 at 7:27 AM
Some elements of the Arkansas legislature Crackpot Caucus emerged Saturday
to talk of impeaching Pulaski Circuit Judge Chris Piazza for his ruling
striking down the state ban on same-sex marriage. It would be easy to laugh
this off as meaningless political posturing except that it comes from
towering hypocrites who illustrate broad disrespect for the rule of the law
in the new Republican majority. If a House majority impeaches every judge
who issues an unpopular decision, do we really need the judicial branch of
government?
Here's what we know so far:
Ryan Saylor at The City Wire wrote yesterday that calls for impeachment had
followed Piazza's ruling. The calls weren't actually so numerous.
There was Sen. Jason Rapert, no introduction necessary, who said he'd been
contacted by unnamed House members asking whether Piazza could be impeached
for violating an oath to uphold the Arkansas Constitution. Rapert, a
bluegrass fiddler and preacher who's been so far thoroughly unsuccessful in
his calls for impeachment of President Obama, is exactly who I'd turned to
for constitutional law advice.
Saylor's further investigation turned up two (2) Republican representatives
who'd join the impeachment posse — daycare operator Justin Harris, who had
to be reined in from unconstitutional religious teachings at the publicly
financed daycare he operates, Growing God's Kingdom, and Rep. David Meeks,
the Conway propane truck driver who is the canary in the Arkansas
legislature coal mine. If you've got Meeks' vote, your cause is undoubtedly
mean-spirited and/or wrong-headed.
These legal giants think Piazza has violated his oath by holding that a
portion of the state Constitution — the popularly adopted amendment that
bans same-sex marriage — was unconstitutional.
To the Constitution:
Article 19 - Section 20 -Oath of Office
Senators and Representatives and all judicial and executive, State and
county officers, and all other officers, both civil and military, before
entering on the duties of their respective offices shall take and subscribe
to the following oath of affirmation.
"I, ______ do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution of the State of
Arkansas, and that I will faithfully discharge the duties of the office of _
___________, upon which I am now about to enter."
Note two things. 1) state officials swear to uphold BOTH the state and U.S.
Constitution. When they are found to be in conflict, well-established rules
of law say the feds rule. 2) this oath applies to ALL state elected
officials, including Meeks and Harris and Rapert.
These fine fellows have:
* Voted for a change to the Arkansas' constitution's initiative process that
has been ruled unconstitutional.
* Voted for a change to the Arkansas constitution's rules on voter
registration that has been ruled unconstitutional.
* Voted to pass — and override the veto of — two obviously
unconstitutional anti-abortion bills. Rapert's was struck down by a
Republican federal judge almost before the ink was dry it was so
unconstitutionally extreme.
* Voted to pass — and override the veto of — an unconstitutionally
approved tax break for the fracking industry.
* Voted to trample the U.S. 1st Amendment by gagging state officials when it
comes to guiding people to the private option expansion of health insurance
coverage.
* Raised no objections to unconstitutional expense reimbursements
legislators took as pay supplements until a lawsuit ended the
unconstitutional grifting
Now you tell me who should be impeached for violating an oath of office. I
propose not impeachment but a Stupid Tax to be imposed on legislators who
run up the state's bill with unconstitutional folly.
Anybody with sense knows that judges are expected to resolve conflicts in
statute and constitutions. Anybody who's not a rank demagogue knows that the
Founding Fathers (who Rapert, Meeks and Harris and Co. cite only when it
suits) tempered majority rule with checks to insure that a tyrannical
majority didn't infringe on the rights of a minority.
Thus, Brown v. Board of Education. And Loving vs. Virginia. And the federal
case that struck down the Arkansas Constitution's ban on abortion. And
struck down our Constitution's segregation amendment. And the federal
precedent that struck down the religionists' effort to prevent gay people
from adopting children (a unanimous Arkansas Supreme Court did this, maybe
the Crackpot Caucus should impeach them, too.) Thanks to Matt DeCample of
Gov. Mike Beebe's staff for calmly explaining to Saylor why the Crackpot
Caucus was all wet. Would Beebe back impeachment?
"No, because when it comes to the judiciary, you don't try to impeach a
judge just because you don't agree with his ruling," DeCample said. "That's
what the appeals process is for. That's the path we already know it going to
be pursued."
Here's how stupid this idea is. Even Rep. Stephen Meeks, usually a yoked
pair with his bro on bad legislation, said on Twitter that, much as he
disapproves Piazza's ruling, he couldn't go along with impeachment.
By the way: The legislature isn't in session. The Crackpot Caucus is
emulating Mike Huckabee in the Jim Guy Tucker days by talking wildly of an
impeachment that is impossible to undertake, at least until the legislature
reconvenes in January. Nutty as the Republican majority can be — and a few
more tea bagger victories in this primary could make it worse — I still
think I could identify at least five of them who wouldn't join an
impeachment parade. Beginning with the lawyers in their number. I won't name
them for fear of making them outcasts in their party
So: A majority of the House wouldn't vote to impeach. Two-thirds of the
Senate wouldn't vote to convict. This is simply a matter of religious
extremists playing to their belief that you can't lose in Arkansas by
beating up on gay people. I want to believe the Crackpot Caucus is living in
an echo chamber of diminishing size on this issue, but there's no doubt the
short-term still holds political peril for equal rights.
Make no mistake. This philosophy turns up time and again in legislative
matters these days. The new majority is intolerant of even criticism. They
will punish those who dare. |
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