Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Thursday, October 20, 2016

last nights debate, third party responses, and fact checking, Part 1

So last night was the final debate before the election. For those that are interested, I am posting segments of it here, along with responses from third party candidates as the debate occurred.(Included are Gary Johnson, Jill Stein, Evan Mcmullin, and Darrell Castle, as they had concurrent responses on twitter as the debate occurred) I will try to keep most of my commentary to a minimum in this post, but will do some relevant fact checking so you don't have to.

Part 1: SCOTUS and the constitution, Second Amendment, Abortion







SCOTUS and Constitutional interpretation, 3rd party responses:








SCOTUS and the Constitution, some commentary and fact checks:

Trump is using fear tactics regarding the 2nd amendment here, yet has made several anti 2A statements in the past, including recent and continued support of "no fly no buy", a violation of the 2nd and 5th amendments. He talks a decent game on constitutional issues, but it doesn't stand up to scrutiny. See my previous discussion Donald Trump vs the Constitution. 

Second Amendment and Gun Rights, 3rd party responses

 






Commentary and Fact Checks:

Hillary loves to throw around that 33,000 a year statistic. But it's a misrepresentation, and it's a deceptive use of statistics.

Comprehensive background checks...so, kinda a system like this?
But those loopholes! I can go online and just buy a gun and avoid all that! No...no you can't. And the gun show loophole? Again, it's not quite what Clinton and others would have you think it is.

Would have also liked to see the moderator ask Trump about his change of mind regarding an assault weapons ban, which before running for office he supported.

As to Trump's comment regarding judges and the second amendment, if you appoint strict constitutionalist judges, does that point need to be clarified? Isn't it included?

Abortion issues, 3rd party responses:










  Fact checks and commentary:

Evan McMullin actually made one of my points for me above, that Donald Trump is not consistently pro life and is not dependable on the issue.

My main takeaway from this portion was how little discussion there was of the implications of the 10th amendment here, and of state laws on the matter. Trump did mention that if Roe vs Wade were overturned it would go to the states, but that was the extent of the conversation. However, coming at it from a constitutional perspective, it is in fact a state issue.

Also, as Johnson pointed out above, Roe vs Wade is not the law of the land regarding abortion, but Casey vs Planned Parenthood. Under Casey vs Planned Parenthood, Hillary's justifications for late term abortions are invalid.

Final note, on the issue of abortion rights, Clinton is rabidly all about individual rights and how the government shouldn't be involved, an argument I can to a degree understand, if she consistently applied it on other positions. But she doesn't, and in this instance, it still doesn't apply, because under the 10th amendment, states can still regulate it, the federal government cannot.

Final comment from me, I have a breakdown of each candidates positions and backgrounds on my blog already if you'd like to check it out


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Thursday, October 13, 2016

Donald Trump vs The Constitution

This is a post I've been meaning to do for a little bit now. I know it's a deviation from the DNC leaked emails I've started to comment on, but, well, this little gem popped across my newsfeed,
and I found myself, although at this point I perhaps shouldn't be, astounded that there are still Trump supporters who seem to think he's a constitutional superhero. I'm trying hard to be nice here, but, simply astounding. I'm not going to recreate the wheel in my comments here, just compile a list of links relevant to each amendment or issue relating to Trump and the constitution. You only have yourself to blame if you are to lazy to actually research your blessed messiah.

First Amendment:
Donald Trump Doesn't Understand Freedom of the Press. Neither Does Hillary Clinton
"When it comes down to it, both Trump and Clinton have made it very clear they will use thepower of the presidency to make it harder for an adversarial press to hold them accountable."
Let's not forget the "opening up the libel laws" gem, because that's how freedom of speech and of the press work...

Then of course there is that whole religious freedom issue, you know, that pesky free exercise religion part. I will give some credit for speaking to repeal the LB Johnson amendment, but compared to what he'd seek to do to Muslims...including increased police presence based on religion rather than an actual probable cause, increased surveillance of Muslim neighborhoods, and refusing refugees. Now, yes, if there is cause for investigation, then investigate. But basing suspicion off of religion alone is ineffective, not to mention a violation of first amendment rights. Remember, they apply not just to Christianity, and if they can be removed from one religion, they can be removed from any religion. This post really sums the first amendment bit up pretty well, fact is, to call Trump a defender of the first amendment is...at best, laughable

 Second Amendment:
Admittedly, Trump talks a good game on 2A issues, on the surface anyways. But he's inconsistent. He used to advocate banning assault weapons. He still advocates "no fly no buy", a position in agreement with Clinton mind you, and a violation of someone's legal right to purchase a firearm without due process. Never mind that the list itself is unconstitutional, that a secret government list is a problem on many levels, and that if someone is suspected of a crime, they should be investigated and convicted or acquitted, not placed on a watch list...anyway, here's a decent 2A summary of Trump's inconsistencies.

Fourth Amendment: 3 words...Stop and Frisk

Fifth Amendment: See 2A and "no fly no buy" and his support of watch lists. This removes due process, deprives liberty and property, and is also potentially double jeopardy.

 Tenth Amendment:
Returning Federal land to State control, especially considering constitutionally the federal government is only technically allowed to own land under specific circumstances, and the 10th is pretty clear on state power and federal power...not to mention several other issues where Trump would further expand the federal government. All indications show Trump will grow the federal government, not return powers to individual states.



And the above merely reference the specific amendments in the cartoon, here's another elaboration from Politico on the matter. If you are going to vote for Trump because he isn't Hillary, fine, but don't lie to yourself about what you're supporting. You are supporting a North American Jaun Peron.





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