Friday, November 15, 2019

Constitution Confusion


One of the blunt cudgels used by those on the political right often employ is the sanctity of the Constitution. During Barack Obama’s terms as President, alleged conservatives would hold up small copies of the Constitution and urge President Obama to read it.


Most of these nags, I wager, had not read it themselves. At least not past the 2nd amendment anyway. 

 

Often right wing advocates against gay rights, abortion rights and the other collected ills that get under their skin often decry activist judges who rule against their interest and profess a desire for a judiciary that follows a clear and consistent reading of the U.S. Constitution as it is written.   A lot of rulings made by so-called “activist judges” were made by judges appointed by Republican politicians who were in fact following the Constitution. 

 

We’re all happy with the U.S. Constitution as long as things are going our way.

 

I’ve heard of situations where right wing pundits have lost their platforms on cable news or talk radio, complaining their 1st amendment rights to free expression were being infringed.

 

The 1st amendment says the government shall not stop you from expressing yourself. The Constitution says fuck all about what your employer has to put up with regards to your free expression of speech and ideas.

 

You want to be a racist asshole? The Constitution says the government can’t stop you. Your employer, on the other hand, does not have to put up with that shit. If your local radio station yanks your sorry white ass off the air for being a racist asshole, well, they own the microphone and the transmitter. The Constitution doesn’t say a word about that.

 

Fox and Friend’s knucklehead Steve Doocy has scanned down the amendments and discovered a 6th one. Ooooh!  There’s a SIXTH one?!?!?

 

The Sixth Amendment grants an accused person the right to confront witnesses against him.

 

The Deuce thinks Donald Trump’s Sixth Amendment right is being violated during the current impeachment proceedings because he can’t talk to the whistleblower. 

 

There is a clear cut caveat associated with the Sixth Amendment: it applies to all criminal prosecutions.

 

As much as Li’l Donnie and his sniveling sycophants think Trump is being prosecuted or persecuted, the fact is the impeachment inquiry going on right now is not actually a  criminal prosecutions. 

 

Steve Doocy admits as much, that this is not a criminal trial but still, he thinks the 6th amendment should nonetheless apply.

 

That sounds like an activist position to me, not a clear and consistent reading of the U.S. Constitution as it is written.   

 

Steve Doocy is not the only activist agitating on this point. Senators and Congressmen from the GOP are complaining that Trump’s right to confront his accuser is being violated by not giving Li’l Donnie a chance to confront the whistleblower.

 

These alleged conservatives, all too ready to pledge strict adherence to the absolute letter of the U.S. Constitution, are ready to bend it in half when it suits their purpose. 

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