Showing posts sorted by relevance for query the dog whistler. Sort by date Show all posts
Showing posts sorted by relevance for query the dog whistler. Sort by date Show all posts

Tuesday, July 06, 2010

Tom Emmer: The Dog Whistler

Emmer_CSA Readers are invited to do an internet search of the terms “sovereign individuals” or “sovereign citizens.” You will find things like the book The Sovereign Individual, explaining how to survive the “collapse of the welfare state.” Or an invitation to join the Sovereignty Society and learn how to live the “off-shore life.” Or you can learn about the deep thinkers who believe they are immune from federal law.

Tom Emmer has authored bills and resolutions this past session on health care reform (agin’ it), the Commerce Clause (agin’ it), and the U.S. Constitution (also agin’ it).

He’s been against the indoor smoking ban, against stricter rules for young drivers and mandating seat belt use, against gays, abortion, and against the obligation of a pharmacist to fill a legal prescription for birth control.

He’s against the federal registration of guns manufactured in Minnesota, apparently so long as the guns enter the stream of commerce when bought from the manufacturer by a Minnesotan (never mind where the guns go after that).

Emmer is, in fact, an endless source of bemusement — and amusement — for anybody with a passing familiarity with the U.S. Constitution and the history of some of its most important provisions.

But there is one little phrase in his bill to amend the Minnesota Constitution to permit nullification of federal law, first mentioned here by MNO, that has been bothering me for some time. Here’s the proposed amendment:

Citizens of Minnesota are sovereign individuals, subject to Minnesota law and immune from any federal laws that exceed the federal government's enumerated constitutional powers. A federal law does not apply in Minnesota unless that law is approved by a two-thirds vote of the members of each house of the legislature and is signed by the governor. Before voting to approve a federal law, each legislator must individually affirm that the legislator has read the federal law and understands it. Citizens of Minnesota enjoy inherent, natural, God-given rights as reflected in the Bill of Rights of the United States Constitution and the Minnesota Constitution. Minnesota citizens have the right to seek redress for any alleged violation of these rights committed by the state of Minnesota exclusively through a jury trial in a Minnesota court and through enactment of a change in Minnesota law.

It’s easy to to let the words slip right by, because they don’t seem to mean anything, even within the amendment itself. I refer, of course, to his use of the aforementioned term “sovereign individuals.”

These words don’t mean much to most people, but they’re a dog whistle signal to a group that Emmer undoubtedly considers a part of his base: the Patriots. The words are music to a Patriot’s ear.

The Southern Poverty Law Center publishes a quarterly called the Intelligence Report. Its current issue has an article called Meet the Patriots; here are a couple of paragraphs from from the “bio” of Patriot Bob Campbell:

Bob Campbell and his American Grand Jury are on a mission to drive President Obama from office and put him on trial for treason. Obama "is a certified crook that has committed treason and fraud," Campbell wrote on his website late last year. "He is a fraud and a traitor."

Campbell, who did not respond to an E-mail to his website, formed American Grand Jury in March 2009 to examine "evidence" and hand down "presentments" that the group hopes will be used to indict the president. The use of faux "grand juries" and "common-law courts" are common to many in the Patriot movement, especially those who call themselves "sovereign citizens."

All of the pathological tax deniers, gun loonies, Ruby Ridgers, Waco wackos, the Minutemen, the birthers, and the deathers, and just about every other affiliated nutter you can imagine, cling to the idea of sovereign individuals or citizens.

Tom Emmer is telling each and every one of them, “I’m one of you.”

I’ll have more on Emmer’s blueprint for Minnesota secession later.

[Ken Avidor’s graphic]

Update: You’ll want to read the follow up, too.

Wednesday, July 07, 2010

Tom Emmer: The Dog Whistler II

Emmer_CSA You would think if you were going to throw a really big — and in this case, really bad — idea out there, you’d try hard to put the idea’s best foot forward. Well, wouldn’t you?

Not Stonewall Emmer, apparently.

In an earlier post, I said that Emmer’s proposed amendment to the Minnesota Constitution, permitting the nullification of federal law, contained some language that was a shout out to the Patriot crowd. The words “sovereign individuals” in particular.

MNO has commented on the constitutionality of the basic idea behind the amendment, too.

But on top of these things, the proposed amendment is so poorly drafted that it’s a joke. Maybe that’s why Stonewall is laughing in the picture. Here is the amendment again:

Citizens of Minnesota are sovereign individuals, subject to Minnesota law and immune from any federal laws that exceed the federal government's enumerated constitutional powers. A federal law does not apply in Minnesota unless that law is approved by a two-thirds vote of the members of each house of the legislature and is signed by the governor. Before voting to approve a federal law, each legislator must individually affirm that the legislator has read the federal law and understands it. Citizens of Minnesota enjoy inherent, natural, God-given rights as reflected in the Bill of Rights of the United States Constitution and the Minnesota Constitution. Minnesota citizens have the right to seek redress for any alleged violation of these rights committed by the state of Minnesota exclusively through a jury trial in a Minnesota court and through enactment of a change in Minnesota law. [italics are mine]

Re-read the last sentence. An alleged violation? A person can sue for a “violation” of his rights, and when the lawsuit is started it’s just an allegation. But you can’t get redress for an “alleged violation;” you have to prove the violation first. There’s a difference between a “violation” and an “alleged violation,” and it isn’t trivial.

We know what Stonewall probably meant, but it’s sloppy: the product of an imprecise mind.

But this drafting slip up pales compared to the titanic, monumental stupidity of the entire last sentence. By the unambiguous terms of the amendment, Minnesotans would be deprived of resort to the federal courts for a violation of their civil rights by the state under the federal constitution’s Bill of Rights.

How do you like them apples?

Stonewall proposes to suspend the federal writ of habeas corpus all by himself.

Let’s say you’re convicted of a crime in a state court, but your conviction involved the violation of the Fourth Amendment, or the Fifth, or the Sixth, or all of them together — all of them are applicable to the states via the Fourteenth Amendment — and you have exhausted your appeals in state court.

According to Stonewall’s Emmer amendment, you couldn’t bring a habeas corpus action in federal court to test the legality of your confinement.

Prisoners in Guantánamo Bay can do that.

But that’s not all; far from it. What if Minnesota decided to just go ahead and fund all parochial schools just like they were public schools, and you wanted to bring an action for an injunction in federal court under the Establishment Clause? Not so fast, says Stonewall.

Or let’s say the state decided that segregated schools — de jure, not just the de facto ones we’ve already got — could anybody sue for a federal equal protection violation? A closer question, because the Equal Protection Clause is in the Fourteenth Amendment, not the Bill of Rights.

How about a case where the St. Paul Chamber of Commerce sought to find parts of the Minnesota Fair Campaign Practices Act unconstitutional? Heaven forfend! Not in Stonewall Emmer’s Minnesota.

We’ll look at one more example that should strike terror in the hearts of libertarians. Let’s say you’ve got the case that you think will overturn Kelo, the hated condemnation case. Can you appeal it to the U.S. Supreme Court? Nope.

No! Wait! One more. The state passes a law to confiscate all guns. Bring an action in federal court under the Second Amendment? Sadly, no. A case like McDonald v. City of Chicago could never have happened under Stonewall’s amendment.

Now luckily, Stonewall Emmer cannot conceive of an amendment to the Minnesota Constitution that would actually permit him to deprive the federal courts of jurisdiction. Neither could I, because it can’t be done.

But you can learn a lot about the quality of the intellect, and the depth of understanding of federalism and the U.S. Constitution that Stonewall Emmer brings to the table. Emmer’s constitutional rantings reveal him as a lightweight, a scrub, a panderer, and a delusional demagogue.

What the Republicans really need to do right now is to arrange a pool party for Tom Emmer.

Monday, July 12, 2010

Tom Emmer: The Dog Whistler III

Here’s more evidence that Tom Emmer is dog whistling to the Patriot crowd with his “sovereign individuals” language in a bill that he authored to amend the Minnesota Constitution to permit nullification of federal law. This is from the NBC Nightly News.



Here are the first few words of the amendment that Emmer proposes:
Citizens of Minnesota are sovereign individuals . . .
MNO pointed the video out to me in a link to Dave Neiwert and Crooks and Liars. In his post, Neiwert quotes Alex Seitz-Wald at Think Progress:
While the sovereign citizen movement has existed for some time, its popularity appears to be growing in a climate where the anti-government rhetoric of the tea party movement has become commonplace. Former President Clinton, speaking at the Center for American Progress Action Fund in April, “drew parallels” between the anti-government tone that preceded the Oklahoma City Bombing “and the political tumult of today.” Sadly, several recent incidents of right-wing extremist violence — including the West Memphis shootings — suggest he may be right.