Category Archives: Constitution

Breaking: Fourth Circuit Court of Appeals rules Trump Muslim travel ban is unconstitutional

The Fourth Circuit Court of Appeals, sitting en banc, ruled on Thursday in a 9-4 decision that the latest iteration of President Trump’s travel ban is unconstitutional, citing that it unlawfully discriminates against Muslims. Opinion (.pdf).

The Hill reports, Appeals court rules latest Trump travel ban is unconstitutional:

A Virginia-based federal court of appeals on Thursday ruled the latest version of President Trump’s travel ban unconstitutional, citing that it unlawfully discriminates against Muslims.

In a 9-4 decision, a majority of the judges on the Fourth Circuit Court of Appeals said it examined official statements from Trump and other executive branch officials, along with the proclamation itself, and found it “unconstitutionally tainted with animus toward Islam.”

The court is the second federal appeals court to rule against the travel ban.

The most recent iteration of the ban bars people from eight countries — six of which are predominantly Muslim — from coming to the U.S.

The Supreme Court had decided in December that it would allow the latest travel ban to take effect while litigation ran its course [in this case].

It has now run its course. You can rest assured that Confederate Attorney General Jefferson Beauregard Sessions III will file an appeal back to the U.S. Supreme Court from the Fourth Circuit Court of Appeals decision.

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Tea-Publicans in Arizona House vote to protect their ‘dark money’ campaign financing lifeline

The Republican National Committee and Arizona Republican Party have largely been supplanted by what amounts to a private political party of billionaire donors and corporations and their nonprofit PACs who supply the GOP’s “dark money” campaign financing lifeline. For example, see the Center for Responsive Politics (OpenSecrets.org) Who are the top Dark Money Donors?

Tea-Publicans in the Arizona legislature have consistently defeated measures requiring greater transparency and disclosure of sources of campaign financing, and have advanced measures making opaque “dark money” campaign financing easier and more wide-spread out of pure self-interest — the GOP is entirely dependent on “dark money.”

In response, local governments have tried to step in to fill the void created by our GOP-controlled state legislature, and have enacted “clean election” disclosure requirements for campaign contributions. Our authoritarian GOP legislature won’t stand for this, and is acting to quash local government “clean election” disclosure requirements for campaign contributions.

The Arizona Capitol Times (subscription required) reports, House passes measure to keep cities from banning ‘dark money’:

State lawmakers voted Tuesday to block any efforts by Arizona cities and counties to find out – and inform the public – who is funneling money into local elections through nonprofit groups.

On a 33-25 margin the Republican-controlled House voted to prohibit local government from requiring organizations declared to be tax-exempt by the Internal Revenue Service from registering as political action committees, even if they are putting money into races.

More to the point, it would preclude any requirement that these so-called “dark money” groups identify donors. And it would bar local governments from auditing the books of these groups or requiring them to respond to subpoenas, even if there were allegations that they were violating campaign finance laws.

HB 2153 (.pdf) now goes to the Senate, which also is dominated by Tea-Publicans.

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Arizona Tea-Publicans want to negate the Seventeenth Amendment

Here we go again … the Tenthers and Secessionists in the Arizona Legislature want to negate the Seventeenth Amendment (popular election of U.S. Senators) and return the selection of senators to the Arizona legislature.

The Arizona Capitol Times (subscription required) reports, Panel okays proposal for state lawmakers to tap U.S. Senate nominees:

Claiming they’re being ignored by John McCain and Jeff Flake, Republican state legislators took the first steps Tuesday to allowing them — and not the voters — to choose who gets to run for the U.S. Senate.

On a 6-3 party-line vote, members of the House Committee on Federalism, Property Rights and Public Policy approved a  measure which would give lawmakers the power to nominate Senate candidates. Legislators from each political party would choose two nominees for each open seat, with the four names going on the general election ballot.

HCR 2022 now goes to the full House. If it gets approved there and by the Senate, the change would have to be ratified by voters in November.

In essence, the proposal would partly return Arizona to the way things were prior to 1913 when U.S. senators were chosen outright by the legislatures of each state, with no popular vote at all.

The 17th Amendment to the U.S. Constitution overruled that, providing for direct election of senators in the same way voters get to choose members of the House of Representatives. But Rep. Travis Grantham, R-Gilbert, said nothing in that amendment requires a popular vote to determine who gets to be on that general election ballot.

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Evil GOP bastards are trying to negate the AIRC so the legislature does redistricting maps again

SCR 1034 (.pdf), sponsored by Senator Yarbrough, would alter sections of the citizens initiative that established the Arizona Independent Redistricting Commission.

Among the changes are an increase in the number of Commissioners to eight, selected directly by legislative leaders rather than the Commission on Appellate Court Appointments, which would lead to partisan gridlock because it also requires a supermajority vote of the AIRC to adopt a map (unlikely), which would then allow the legislature to refer its own alternate maps to the ballot (by simple majority vote), and if approved by the voters, would supersede the maps drawn by the Commission. Thus the legislature is back in the redistricting business again! Bwahahaha!

The Senate Government Committee approved the resolution on a 4-3 partisan vote on Wednesday. The Arizona Capitol Times (subscription required) reports, GOP proposal would restructure Arizona redistricting:

Critics warn that a plan to alter the membership of a commission responsible for drawing Arizona’s congressional and legislative district maps is designed to fail.

Senate President Steve Yarbrough conceded that by increasing the number of members on the Independent Redistricting Commission from five to eight, it’s likely that the commission would face gridlock.

“That is indeed going to create a probable 4-4 (vote) by my own estimation, but that is by design,” the Chandler Republican told the Senate Government Committee, which approved the resolution on a 4-3 partisan vote Wednesday.

Requiring a supermajority to approve maps during redistricting, a highly-contentious process that creates district maps that will be used for the next decade, will require commissioners to find true bipartisan consensus, Yarbrough said.

“I want the most bipartisan and fair process that we can design,” he said.

This is a bald-faced lie. Keep reading for the true reason.

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Evil GOP bastards reject the will of the voters on Minimum Wage Initiative (Prop. 206)

Rep. Paul Gosar is Arizona’s most embarrassing member of Congress, but in the Arizona legislature, there are a multitude of challengers for the title of most embarrassing member of the legislature.

A perennial contender is Sen. Sylvia “Earth is 6,000 years old” Allen (R-Snowflake), a theocratic Dominionist Christian Reconstructionist whose heretical views of Christianity too frequently influence the legislation she advances.

Sen. Allen’s latest dog bone to chew on is the Minimum Wage Initiative (Prop. 206) overwhelmingly approved by Arizona voters in 2016. She believes that you the voters were “immoral” in approving the Minimum Wage Initiative, and she wants to reverse the will of you sinful voters. You’re all going to Hell!

The Arizona Capitol Times reports, Senate committee passes resolution to repeal state’s minimum wage:

A resolution sponsored by Sen. Sylvia Allen, R-Snowflake, would ask voters to undue much of Proposition 206, a citizen-driven initiative that boosted Arizona’s minimum wage from $8.05 to $10 in 2017, $10.50 in 2018 and eventually to $12 by 2020. Allen’s resolution would also repeal mandated paid sick time and a provision that allows domestic violence victims to take paid sick leave to handle issues caused by the violence.

Allen, who in the past has described the notion of minimum wage as “morally flawed,” wants voters to freeze the minimum wage at $10.50, repeal state laws requiring employers to provide paid sick leave, and adopt a new law prohibiting cities, counties or towns from adopting their own minimum wage if it’s higher than the state’s.

Mandating a minimum wage is like “pulling money from one person to give to another person,” she told the Senate Commerce and Public Safety Committee on Monday.

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The Senate begins the DACA debate today

The Senate is doing something highly unusual today in the strictly scripted and tightly controlled Mitch McConnell era: it is beginning an open-ended debate on immigration and DACA legislation.

As Axios reports:

In the words of a senior Senate aide, Mitch McConnell will effectively tell his colleagues: “Listen boys and girls, you all have lots of different ideas about what should be done on immigration. So put your big boy and big girl pants on, and put your ideas on the floor for a vote. Do your best; try to get to 60 votes to pass a bill.”

POLITICO adds, McConnell’s immigration gamble:

Usually careful with his every move, the Senate majority leader is taking a gamble this week with his pledge for a free-for-all debate over the fate of hundreds of thousands of young undocumented immigrants.

No one knows the GOP leader’s endgame, nor how he personally prefers the stalemate over Dreamers be resolved. It’s highly unusual for a Senate majority leader, particularly one as calculating as McConnell, to bring a divisive issue to the floor with no clearly intended result in sight.

Even his top lieutenants aren’t sure whether McConnell would ultimately support a final immigration deal that can clinch the 60 votes needed to clear the Senate.

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