Showing posts with label 14th amendment. Show all posts
Showing posts with label 14th amendment. Show all posts

Wednesday, May 27, 2015

U.S. Elections May be in Violation of the 14th Amendment

by Len Hart, The Existentialist Cowboy

The ideal of one man, one vote has NEVER been achieved. If your VOTE does not carry the same weight as does the vote of someone else, then your rights under the 14th Amendment have been violated! For example, it is possible that a Presidential candidate could get a greater number of popular votes but, by losing a few large states, gets fewer electoral college votes and, thus, lose the White House.

On any given election, votes are not equal. Someone else's vote may be worth more than yours or your vote may be worth more than the vote cast by another person. Votes are not equal; elections may not be fair. In some cases, fairness is ignored. In others, it is controversial. In yet other cases, your vote may not even count.

In a democratic election between two candidates, the winner is the person with the majority of the votes. But when three or more candidates run, things are seldom so simple. The winner often amasses only a plurality of the votes. (Bill Clinton, for example, won the presidency with 43 percent of the vote; Jesse Ventura won the Minnesota governorship with 37 percent.) The plurality winner could be everyone's least favorite candidate and still lose in a head-to-head battle. As Saari puts it:
"The plurality vote is the only procedure that will elect someone who's despised by almost two thirds of the voters." --Discover Magazine, May the Best Man Lose, November 1, 2000
The 14th says that ...
"no state shall ... deny to any person within its jurisdiction the equal protection of the laws. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
--U.S. Constitution, 14th Amendment The Equal Protection Clause may be seen as an attempt to secure the promise that "all men are created equal".
Not only minorities but every person has a stake in his/her vote being counted; but --even more importantly --counting for as much as every other vote cast by every other person in the nation. The most promising proposals include the 1) System of Single Transferable Vote (STV) proposed by Thomas Hare in England and Carl George Andrae in Denmark in the 1850s. Adopted throughout the world, STV has been adopted throughout the world to elect public officials, prominently in Australia, Malta, the Republic of Ireland, and Northern Ireland as well as in local school board elections in New York City.
Other systems have their own advocates as well. They include preference voting, the Borda Count, range voting et al. All have in common that they are far superior to any method now in use in the United States in terms of how accurately any given election reflects the will of the people. My own "preference", however, is the Borda count in which... ...each voter ranks all of the candidates from top to bottom. If there are, say, five candidates, then a voter's top-ranked candidate gets 5 points, his second-ranked candidate gets 4, and so on. Finally, the points from all the voters are added up to determine the winner.  
--Discover Magazine, May the Best Man Lose, November 1, 2000
It is hard to see how anything could be simpler and just as hard to see how a nation which tolerates the unequal nature of elections can make a straight-faced claim to being democratic or fair. It is hard to see how any government formed as a result of unfair or inaccurate voting systems can claim to be legitimate.
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Tuesday, September 04, 2012

Mitt Romney's Not So Subtle Attack on the Rights of All Americans to Vote

by Len Hart, The Existentialist Cowboy

Today --the rights of all people of any color to vote are still under threat by ILK like Mitt Romney who has taken up the GOP 'code word' for BIGOTRY ---VOTER FRAUD. There are very few if ANY instances of voter fraud but the CROOKED EFFORTS of the GOP to keep anyone not of the 'white' race, indeed, anyone not a GOPPER from voting. I call GOP efforts to stop ballot recounts in Florida 'voter fraud'.

I call the disingenusous decision by the U.S. Supreme Court, halting the recounts, by the name 'voter fraud'. Though it was phony votes that were the fraud --NOT real voters of any sort or ethnic origin whose votes were targeted by the GOP and the 'high' court. I would not be surprised to learn that the meme 'voter fraud' was cooked up by an Orwellian political consulting firm and its paid 'focus group' who 'tested' it.

Some real history about how it was a Demoratic President who worked to ensure the rights of ALL voters to vote. It was --not surprisingly --a staunch Republican senator from South Carolina, a confirmed segregationist who filibustered and blocked passage of the Civil Rights Act of 1957 that had been written by then Senate Majority Leader, Lyndon Johnson. There were some alterations to the bill. That was to be expected. Nevertheless, the bill passed and would be signed into law by President Dwight Eisenhower. It made the history that Mitt Romney hopes to re-write or erase.

The bill established the Civil Rights Commission and the Civil Rights Division of the Department of Justice. Both agencies would ensure that the voting rights and civil rights of African Americans and all Americans wiould be enforced.

Having already made history, in April of 1960, LBJ was 'playing catch up' to an aggressive Kennedy machine. Later, journalist Howard B. Woods, editor of a black newspaper called the St. Louis Argus would recall those times in Passage of Power, a biographical series on the life and times of Johnson:
The Senator, tie-less and in shirtsleeves, was eating cookies and drinking a tall, and stiff, Scotch, but when Woods ask him about the civil rights bill "which seems to please no one," saying, "Senator, the bill, as it was finally passed, was admittedly watered down," Johnson forgot about the cookies and the Scotch, and leaned forward across the table, looking Woods "straight in the eye" in a way the editor found quite memorable.

"When we say every man has a right to vote, that is not watered down," Lyndon Johnson said." The important thing in this country is whether or not a man can participate in the management of his government. When this is possible, he can decide that I'm no good." George Reedy slipped into the seat next to Woods, but Johnson didn't need Reedy now. "Civil rights are a matter of human dignity," he said.

"It's outrageous that all people do not have the dignity to which they are entitled. But we can't legislate human dignity -- we can legislative to give a man a vote and a voice in in his own government. Then with his vote and his voice he is equipped with a very potent weapon to guarantee his own dignity." [Emphasis added.]

-Howard B. Woods, Passage of Power


Monday, February 13, 2012

The Ominous Implications of Corporate-Personhood'

by Len Hart, The Existentialist Cowboy

I do not and cannot support the Libertarian party. Primarily --if the libertarian position re: taxation had been the rule, FDR could NEVER have spent the U.S. out of the GREAT DEPRESSION. Think of how fortunate we were to have had a great President in office! Think of how disastrous our fate had a 'libertarian' been occupying the White House!

As I understand their platform, the 'Libertarian party', would have opposed Roosevelt's 'New Deal' and, most certainly, Social Security. Therefore, I would hope that Libertarians have denounced the exploitation of the 14th Amendment to rationalize 'corporate personhood', which in effect, grants to corporations 'Freedom of Speech'.

I do not believe that Exxon (for example) may enjoy 'free speech'. Exxon is not a person. If EXXON were never allowed to spew their lies and propaganda on REAL people, it would not keep me awake nights. I have freedom of speech. A 'legal abstraction' does not! I don't care what myths, lies and voodoo are subsribed to by ilk like Scalia.

But this issue is of considerable interest to anyone considering whether or not to support Ron Paul. Ron Paul is a strong supporter of the 14th Amendment to the U.S. Constitution and so am I. But SCOTUS recently applied the 14th to 'legal abstractions', i.e, corporations.

IF corporations are people, then nothing can be done to prevent them becoming monopolies, enslaving 'real people' in various ways. IF corporations are people, to restrain them violates the 14TH amendment. Ron Paul's vocal support of the 14th must not cloak any support whatsoever for 'corporate personhood'?

If I were opposing Paul in a run for a nomination, I would demand he answer this question: are you for or against corporate personhood? This is, in fact, the 'cutting issue' that will define the election. With the 'possible' exception of Paul, every other Republican (prominently Mitt Romney) is in accord with the GOP 'line', i.e, the infamous Citizen-United decision in which SCOTUS bestowed upon mere legal abstraction the miracle of 'personhood'. Previously --only our 'creator' had been capable of such a miracle.

Even so, the following question must be put to every Republican seeking the nomination: If you are for the 14th but against corporate personhood, how would you propose to avoid a nation in which 'corporate-persons', in fact, legal monstrosities would exploit that unique status in ways that are yet still unknown?

If corporations were allowed 'personhood' today, nothing would prevent that 'concentration of wealth' in very, very few corporate-elite hands! Ergo: corporate personhood is a recipe for a NEW GREAT DEPRESSION. It would be the immediate onset of BIG BRO.

If corporations were allowed 'personhood' today, nothing would prevent that 'concentration of wealth' in very, very few corporate-elite hands! Ergo: corporate personhood is a recipe for a NEW GREAT DEPRESSION.

Libertarians cannot have it both ways. If 'people' are to have this brand of freedom AND if corporations are people, then what 'power' would restrain them, the government being reduced in power and status?

Rather --corporations should be restrained by a government responsible only to REAL, real people. Pin Ron Paul down on this point! It should be made clear --beyond any shades of gray or doubt --that CORPORATIONS are NOT people! It should be made clear that corporations exist at the pleasure of a government that was described by our founders --a government of REAL people, BY real people, and FOR real people!

I suspect that just such an outcome is precisely what 5 ideologues on SCOTUS had in mind. SCOTUS, certainly, does not care about R. Paul's problems. SCOTUS, kissing up to corporate 'sponsors' re-created the Frankstein monster but on paper! It's a monstrous problem for anyone but more so for anyone claiming to be a 'libertarian'.