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First they came for the terrorists…

First they came for the terrorists…

The president starts spying on American citizens. Then he starts indefinitely detaining them. Then he starts exiling them. Then he starts executing them. All without due process. All without a speedy trial or a trial by jury, some without any evidence whatsoever. And all while people in the same party as the president defend his actions on the grounds of national security. Then the parties flip and the previous defenders of the administration start to show “concern” and its attackers become defenders.

It would read like a bad farce, but it’s true. And it is true not because we weren’t aware of what was happening, but because we didn’t care enough to do anything to stop it. “They’re all terrorists,” we tell ourselves. “The government wouldn’t go after them unless they had reason to believe they did something wrong.”

Something is definitely wrong when Pakistanis are rightfully protesting our government's actions whilst we remain disturbingly silent. Something is definitely wrong when Pakistanis are rightfully protesting our government’s actions whilst we remain disturbingly silent.Never mind that the Justice Department memo “justifying” the execution of American citizens abroad came out barely three weeks after the suicide of Aaron Swartz brought national attention to prosecutorial overreach on computer crimes, going after kids with hard jail time for exploration of computer systems no more harmfully than playing ding dong ditch.

Never mind that this is the same week that the two out of three branches of government are aggressively pushing to take guns away from law abiding citizens (even though the same government has no problem sending billions of dollars in unrestricted weapons to Israel and Egypt).

Never mind that the administration, with cover from the Supreme Court, has forced people to buy health insurance from megacorporations, while those same corporations now mysteriously have more power than they had when Obamacare was passed. And, not coincidentally, health insurance premiums are rising, not that we couldn’t see it coming.

Never mind that the executive branch continues to raid marijuana dispensaries that are operating legally under state law, and the most openly drug using president in history is secretly jailing thousands of nonviolent drug users like himself.

I fear that the greatest threat to liberty is not our government, but ourselves. That we would be so complacent in this farce as one by one our rights are trampled upon. That we would continue to defend our ideas as constitutional and the others’ as unconstitutional, when in reality we seem content to pick and choose the parts of the constitution we agree with and discard the rest. “Let’s give up on the constitution,” said one prominent constitutional law professor in December. How soon before more people believe that? How soon before government’s legitimacy crisis comes to a head?

It ends now. I’ll be calling my congresspeople today on the drone strikes issue. Please join me in doing the same.

February 6, 2013Comments are DisabledRead More
269 – 269 Electoral Tie is a Possibility

269 – 269 Electoral Tie is a Possibility

Take a look at my previous post.  In that analysis, I have McCain winning Florida, Ohio and Pennsylvania–a scenario that could still mean Obama wins, provided that he wins two out of the three states Missouri, Virginia and North Carolina.  However, Tim Russert in his last Meet the Press pointed out that if Obama keeps the 2000 Bush-Gore map, and wins New Mexico, Colorado and Iowa, then the Electoral College can be a tie.  This would be the map.

In this scenario, Obama wins Pennsylvania, loses New Hampshire, and wins Iowa, Colorado and New Mexico.  This is an entirely possible outcome, and will create a rare situation.  With no electoral victor, the decision will go to the House of Representative, where each state’s delegation will be represented by one vote.  According to the letter of the 12th Amendment, whereby our electoral system functions:

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.

In this situation, clearly, McCain would emerge as the victor, as only 22 states (including DC) will have voted for Obama.  However, in choosing Vice President, an intriguing possibility unfolds:  Obama’s running mate could be elected Vice President.  According the Constitution:

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.

This means that if Obama’s running mate, let’s say George X, is tied with McCain’s running mate, Michael Y, for Vice President, then the Senate must choose between the two.  The Senate would be expected to split along party lines, and in the Democratic-controlled Senate, George X is favored to win a Senate election.

However, there is the added caveat that Joe Lieberman, a staunch McCain supporter, has caucused with the Democrats these past two years and has guaranteed them the majority.  He is the 51st vote, the swing vote, and if the election is decided by the Senate it is not sure which way they will lean.  The selection of Vice Presidential nominees could be crucial to both sides, as it might guarantee the nominee the Vice Presidency in the case of a split electoral vote.  Assuming the Senate splits down party lines, Lieberman could find himself in the unlikely position of Kingmaker.  He would essentially have the sole power to decide who the next Vice President of the United States will be.

The 269-269 split is actually a very likely scenario, and it would create a very exciting couple of post-election months, especially if the Democratic Vice Presidential nominee is someone like Hillary Clinton, who could end up achieving the Vice Presidency without Obama on the top of the ticket.

June 29, 2008Comments are DisabledRead More