Steve G.

Posts Tagged ‘Judge’

Constitutional Oaths and A Plea to President Obama

In Barack Obama, Corruption, Democracy, Democrats, History, Law, Libertarian, Libertarian Politics, Politics, Protest, Republican, US Government on January 30, 2010 at 1:25 am

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

This simple thirty-five word Oath of Office is specified by The Constitution of The United States as the one, single oath which much be taken by every person who will serve this nation as our President. After this oath is taken every four years, however, no one seems to ever pay much attention to it, but it is important enough that it is the ONLY oath spelled out word for word in The Constitution. There are also only two specific obligations it places on a President; to “faithfully execute the Office of President of the United States” and to “preserve, protect and defend the Constitution of the United States” to the best of their ability.

While no other oath is specified in The Constitution, it DOES state in Article VI, clause 3 that:

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

For other federal officials, including members of Congress, it specifies that they “shall be bound by Oath or Affirmation to support this constitution.” By federal statute, the oath which must be taken by all members of The House of Representatives and The Senate, as well as by The Vice President, members of the Cabinet, and all other civil and military officers and federal employees other than the President is:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

The taking of oaths by all other federal officials in addition to the President dates back to the fourteen word oath created by the first Congress in 1789 (“I do solemnly swear (or affirm) that I will support The Constitution of the United States.”), but the current wording is based more on the oaths written during The War Between the States which were intended to allow treason charges to be leveled against those who supported the south or didn’t support the Union.

The first Congress also specified in The Judiciary Act of 1789 the oath which would be required of all federal judges in the United States:

I do solemnly swear (or affirm), that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me, according to the best of my abilities and understanding, agreeably to the Constitution, and laws of the United States. So help me God.”

In fact, federal judges are currently required to take not just one, but TWO different oaths:

I, _____ _____, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _____ under the Constitution and laws of the United States. So help me God.”

And:

I, _____ _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

Federal statute specifically states that this second oath “does not affect other oaths required by law.”

Within the military forces of The United States, the oaths required of both officers and enlisted men are statutory and are prescribed in Section 3331, Title 5 of the United States Code. The oath which officers are required to take is:

I, _____ _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

While enlisted men are required to take this oath:

I, _____ _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

An important distinction between the oaths required of officers when compared with that required of the enlisted ranks is that the oath taken by officers does not include ANY provision to obey orders. While enlisted personnel are bound by the Uniform Code of Military Justice to obey LAWFUL orders, officers in the service of the United States are bound by their oath to disobey ANY order that violates The Constitution of the United States.

As far as I can tell, these are all of the oaths required by our federal government for any person who is in any way obligated to serve The United States of America (I am obviously not aware of any secret oaths which might exist within the shadowy corridors of secrecy which our country tries to keep hidden from its citizens). I am also not including the oaths taken by the National Guard or officials of the various states, counties and communities as doing so could fill a small book, needless to say, all of those oaths must meet the same Constitutional requirements as these federal oaths do.

At this point you are probably wondering why I have spent almost a thousand words just to tell you want the different United States federal oaths are. It is very simple. OATHS MATTER! Whether we pay attention to them or not, our Constitution requires them and many people take them, which means MANY people are BOUND by them. Now, as you read through them, you might have noticed that there is only one thing which they ALL have in common (aside from all being very short). I’ll give you a minute to look back through them in case you haven’t noticed it yet.

Every single oath proscribed by or contained within The United States’ Constitution and/or federal statue, EVERY one, obligates the taker to preserve, protect, defend, uphold, support and/or administer justice agreeably to The Constitution of The United States, not the nation, not the people, not the business interests, not any person, concept, idea or entity other than THE CONSTITUTION itself. Furthermore, where any of the oaths mention enemies, it specifies enemies foreign AND domestic, ALL enemies of The Constitution, not enemies of the nation or the people but of THE CONSTITUTION. Thus, by my personal interpretation (and, I assume, that of everyone who demands a strict, literal interpretation of The Constitution), while the economy, national security, foreign, etc. are important concerns of our federal government, as provided for WITHIN The Constitution, the SINGLE most important duty of the President and every member of our federal government is to ensure the health of and obedience TO that constitution. ALL other considerations come after that one and NO duty or obligation is higher than it.

Every time I hear our President say that he “wants to look forward”, I want to cry. We cannot look forward or move forward by ignoring the past. What he is trying to do is build a wonderful new house upon a foundation that is very badly damaged. In such a case, it doesn’t matter how well you construct the house, it will not last because it must have a solid foundation. In fact, the bigger the house, the more important the integrity of the foundation is. Oaths matter, but so do the principles demonstrated by those who take those oaths. No matter what words we might choose, words are not actions and principles are demonstrated by our actions. A principle is only a principle if it is something you do even when it is difficult, inconvenient or could cause you, yourself, damage. If principles only required us to do things when they are easy or convenient, when there is no real cost associated with following them, then EVERYONE would be principled. Principles DO matter and what is shown to us by a person’s very real actions is what tells us what their principles truly are, not the words they tell us.

Therefore, I call upon Barack Obama, the 43rd President of the United States to uphold his constitutional oath of office and preserve, protect and defend The Constitution. I call upon him to repair the damage done to our constitutional government by past administrations and officials, elected and appointed. I call upon him to define what his powers are as President under The Constitution and to specifically repudiate those which are not consistent with the provisions of The Constitution, including the power to single handedly declare that he will not obey and uphold laws or treaties enacted by Congress simply because he doesn’t like them or to claim dictatorial powers to dispense with constitutional provisions (like habeas corpus, cruel and unusual punishment, right to speedy trials, legal advice and hearing all evidence presented against the accused.) upon his own whim. I call upon him to publicly repudiate the entire concept of The Unitary Executive and acknowledge the Constitutional invalidity of all exercises of such by ALL Presidents going back to the administration of Harry Truman. I call upon him to investigate and prosecute all officials and officers of The United States, in every branch and department of The United States who have ever done harm or damage to The Constitution, including by refusal to abide by legal and treaty obligations, up to and including war crimes committed within The United States and/or in the name of The United States by anyone in or working on behalf of The United States, up to and including former Presidents and Vice Presidents of The United States.

 To Mr. Barack Obama, 43rd President of the United States, I would like to personally say this:

Mr. Obama, I know that you were elected to be President of The United States for many reasons… our economy is bad and people thought you could fix it; our national reputation is tarnished and people thought you could improve it; we needed hope for the future rather than fear of it and people thought you could give that to us; and for so many other reasons both important and trivial. However, there were many people in this country, including me, who voted for you because our Constitution and our constitutional government have been horribly damaged over the course of the last eight years, if not over the last quarter of a century, and we believed that you could and would work quickly and aggressively to fix it, as well as to prosecute and punish those guilty of violating their own oaths to it and of doing harm to it.

No damage has EVER been done to our Constitution by any EXTERNAL enemies of our nation. Those who attacked us on Sept. 11, 2001 might have hurt our nation and killed our citizens, but they did not hurt our Constitution. The same is true of Timothy McVeigh and the bombing of the Alfred P. Murrah Federal Building on April 19, 1995. He attacked the people of the United States but he did not threaten or harm our Constitution. No external enemies of our nation ever did any damage to our Constitution in the 50s, 60s or 70s. All of that damage was done by domestic enemies who were attacking The Constitution from within… McCarthy, The House Un-American Activities Committee, J. Edgar Hoover, the Nixon Administration and many others. No damage was ever done to our Constitution by the Soviet Union or ‘international communism’ but rather by those Americans who thought that the Soviet Union was so dangerous that they had the right to violate our own laws as well as our Constitution. But in fear of communism, many threats to our Constitution result from the actions of our own Congress and administrations from Truman to Reagan. No foreign enemy has EVER harmed or even threatened our Constitution over the entire course of our history as a nation, but many domestic enemy have, and they have done so while wrapped tightly in the flag of and holding the symbols of The United States, going back to at least 1798 with The Alien and Seditions Acts. America may have been threatened many times in its history by enemies foreign and domestic, but no threats to our Constitution have ever come from external forces attacking us, they have ALWAYS come from our own internal rot.

I know it will be difficult to do. I know that it will cause political problems and turmoil. I know that it could precipitate a political civil war within this country. I know it would detract from other areas which you need to address, such as our economy. None of that matters however. The oath you took obligates you to do this. It isn’t a choice, it is a duty, and no one gets to pick which duties they will fulfill based on which ones are more difficult or unpleasant than others. Remember though, you are the person who is charged by the Constitution to execute the provisions of and laws according to it. In the end, your most important legacy will not be our economy, our wars, or our energy policies, or our healthcare system; those things are all transitory. In the end, your most important and lasting legacy will be what you demonstrate to the American people about what our Constitution and our constitutional government really mean. There is no one else, Mr. President, except you upon whose shoulders this duty falls. Please, do not let our nation, no, not our nation, please, Mr. President, do not let our CONSTITUTION down. I don’t think we can survive if you do.” 

Rhys M. Blavier

Romayor, Texas 

Truth, Justice and Honor… but, above all, Honor

© Copyright 2009 by Rhys M. Blavier

Why Redistricting is the Most Important Issue for Texas in the 2010 Elections

In Activism, Congress, Corruption, Democracy, Democrats, Fraud, Green Party, History, Libertarian, Libertarian Party-US, Libertarian Politics, Local Politics, Politics, Republican, US Government on January 20, 2010 at 9:31 am

What good does it do a man to have the vote if he has only one person that he can vote for?

All political power is inherent in the people and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
Article III, Section 2 of the Constitution of the State of Texas

In 2011, the next Texas legislative session will tackle the subject of redistricting for the first time since Tom Delay and his partners in political crime forced the people of Texas to live with our incredibly gerrymandered map. Its purpose was to benefit the Texas Republican Party, harm the Texas Democratic Party and, as much as possible, remove the niggling little possibility that Texas voters might actually have the power to affect or influence the results of major elections here. Even the Democratic districts that were left were pretty much safe seats. Delay, Dick Armey and the rest of their merry little band of Machiavellis stuck their grubby little fingers into the mix and, like gods manipulating their computer game minions, succeeded in putting every voter in Texas into “political reservations”. No longer would the simple voter be allowed to mess up control of our state by dominant political machines. In short, what we have in Texas is Party-controlled government. In practical terms, the state of Texas and the two major Parties (preferably the Republican Party) would be (and are) the same thing.

Now, don’t get me wrong. I am not saying that political machines haven’t always been in charge of Texas (anyone remember Archer or George Parr, “The Duke of Duval County”?). It is simply that before the 1990s, they weren’t as obvious, and they didn’t really care about national influence. It was corruption by Texans, of Texans, for Texans. Any influence that could shovel federal money to us courtesy of our Congressional leaders like John Nance Garner, Sam Rayburn, LBJ, Jim Wright and all of the rest was still corruption by, of and for Texans. There was no intention or desire to tear the rest of the nation down or rip it apart as it seems like is happening now. The thing is, for corruption to flourish, the politicians must be able to promise that they will continue to hold power and maintain the corrupt systems. That is what we have now; entrenched Party corruption. This is why I believe that, regardless of the economic crisis, the healthcare crisis, the ethical crisis, the war crisis, and every other of the many crises faced by Americans, as a whole, and Texans specifically, the single most important issue for Texas voters in 2010 is: “What the Hell will our political districts look like now?

I love Texas. I really do. It is the land of my birth and, no matter how many times I leave it, it’s the land I always return to. Unfortunately, Texas politics often embarrass me. I am not alone in this. There is an old saying here that goes: “Lock up your house and barn; watch your wife and children. The Texas Legislature is in session and nothing is safe.” There are too many things in Texas politics about which to be embarrassed (if not to laugh out loud about in their ridiculousness), too many to list, or even count. Our state constitution, itself, is probably the main one; a document so badly written that the only thing which keeps it from being the single worst one in The United States is the fact that Alabama’s state constitution might actually be the worst one on the entire planet. It is easily the worst one in The United States (http://blavier.newsvine.com/_news/2009/04/06/2646073-we-must-amend-the-constitution-now-), but having the 50th worst constitution out of 51 contenders is nothing to be proud of. A close second to the embarrassment which is the Texas Constitution is arguably our propensity to re-elect incumbents to pretty much any office that they run for.

Texas is a land whose people pride themselves for their fiercely independent spirit. Texas is also a state which avows its hatred of the very idea of a professional political class so much that the annual “salaries” for all legislative offices (including that of the Lt. Governor) is only $7,200 (http://www.laits.utexas.edu/txp_media/html/leg/features/0205_01/compensation.html, http://www.tshaonline.org/handbook/online/articles/TT/mkt2.html). Keep in mind that it wasn’t until 1975 that Texas voters voted to raise those salaries from $4,800 up to $7,200… an increase of 50% (it was also at this time when members of our legislature were given a per diem AND could get mileage reimbursement at the same rate that state employees do). Texas government was designed to discourage the rise of a professional political class. Of course, in reality, it also keeps people without other sources of income (i.e. – the poor and the lower middle class) from being practically able to hold such offices. Thus, our fondness for keeping people in elected office is not only an embarrassment, it is rank hypocrisy on a statewide level. Now, I have so far basically said that we here in Texas have a “tendency” to re-elect the same people into government offices time and time again but, at this point, it is merely undocumented hyperbole. Fair enough. Go to the restroom, get yourself a nice beverage and make yourself comfortable because this is going to take awhile. Ready? Good.

(NOTE: If you are not interested in reading through the statistical information I have compiled, please feel free to skip the paragraphs between the two lines below and the two lines after the statistical paragraphs. The information in those paragraphs is included in this article (1) for those who, like me, find such information interesting, and (2) to cut off the need for comments such as “how do you know”, “what are you basing you opinions on”, and “prove it”. Thank you for your understanding on this.)

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To start with, here are some statistics about state level elections in Texas from the 2008 General Election:

The Executive and Judicial offices up for election that year were Railroad Commissioner, three places on the Texas Supreme Court (and yes, we actually elect our Supreme Count members which, of course, makes them political creatures who need to raise election funds instead of allowing them to neutral arbiters of the law) and two places on the Texas Court of Criminal Appeals (in fact, we elect ALL of our judges here). All seven of them were retained by the incumbents. For those of you who want to keep track, that is seven for seven, so far, or 100%.

For the Texas Congressional delegation, we had one U.S. Senatorial and thirty-two U.S. House seats up for grabs. It shouldn’t surprise you to know that for those seats, all thirty-three incumbents ran for re-election. Want to know how many of them won re-election? Thirty-two of them were sent back to Washington. One of the incumbent Representatives (a Democrat in his first term, if you want to know) was voted out. The score now is thirty-nine out of forty, which comes out to 97.5%.

In the Texas legislature, there were fifteen seats in the Texas Senate and all one hundred and fifty seats in the Texas House up for election. For the Senate seats, all fifteen incumbents ran. Five were re-elected and one was defeated. If you wonder about the other nine seats, don’t worry. For those seats, the incumbents were completely unopposed and, under Texas law, didn’t even need to show up to the actual elections because they are automatically declared the victors (Texas does not have a “none of the above” option for our ballots). Score, fifty-three out of fifty-five now, giving us an incumbent ratio of 96.4%.

For the Texas House seats, one hundred and forty-tw0 out of one hundred and fifty incumbents ran for re-election. After the primary results were in, nine incumbents had been defeated for nomination by their party. Five more were voted out of office in the General Election. One hundred and twenty-eight incumbents were then returned to the Texas House and, out of those one hundred and twenty-eight, seventy-four of those “won” their elections without facing any challenges by their major opposition party, which means that 49.3% of the total seats in the Texas House were filed by people who simply walked into the House unobstructed. This makes our incumbent win record one hundred and eighty-one out of a possible one hundred and ninety-seven (91.9%). With all of these Texas races, out of two-hundred and five elections, one hundred and eighty-one continued to be held by the person who held them before the election, which is a total ratio of 88.3%. (http://www.bipac.net/page.asp?content=texas_elections&g=TEXAS)

Now, let’s take a look at our candidate line-ups for the 2010 election cycle, shall we? Before we even start, I want to point out that, out of 219 races I have analyzed, only two, yes TWO, will have primary contests from all three parties (Democratic, Libertarian and Republican). Only 0.9% of the highest offices in Texas will have the nominees for each race selected from more than one contender in each party. Those two races are for the nominees of each party for Governor and for District 5 on the State Board of Education. Really! Take a moment to think about that. Out of all of the state’s Executive, Judicial and Legislative offices, only one will have three nominees who will actually be determined by the people. (NOTE: For the sake of accuracy, I want to point out that the Texas Libertarian Party selects its nominees by convention but, for simplicity’s sake, I will use the term primary through this article to indicate the need of any party to select its nominees from a slate of several contenders.)

The Texas Executive offices up for grabs this year are those of Governor, Lt. Governor, Attorney General, Comptroller, Land Commissioner, Agriculture Commissioner and Railroad Commissioner. Now, not only is the race for Governor the only Executive office in which there will be three nominees chosen by primary elections, the incumbent in the office of Comptroller (the State’s only financial officer after our elimination of the office of State Treasurer) is only going to be challenged because a Libertarian (our own Mary Ruwart) has filed to challenge the incumbent. The Democratic Party is not running ANYONE for the office. This means that if it wasn’t for the Libertarian Party, the person who is responsible for all financial duties for the entire state of Texas would be the guy who turned in his notarized form; that would have been all it would have taken.

On the Texas Court of Criminal Appeals, two of the incumbents are also only being challenged by Libertarians. For the eight seats on the Texas Board of Education, only three of the races have candidates from all three parties. Three of seats only have the incumbent party challenged by Libertarians, although the incumbents in all three of those seats do face primary challenges from within their own Party. The District 4 seat is only being sought by the incumbent… no challenges by either the Democratic or Libertarian Parties and no primary challenge, so he gets to simply walk in.

Neither of our two US Senate seats is up for election this year and, out of out thirty-two seats in the US House, all of the incumbents (20 Republicans and 12 Democrats) are seeking re-election. Of those thirty-two races, only the Republican and Libertarian Parties have candidates for all thirty-two. The Democratic Party only has candidates in twenty-four of those races (which means that one out of every four of these races, the Democratic Party isn’t even showing up for), and in one race, the Constitution Party also has one candidate running.

Of the thirty-two Congressional races, only twelve of the incumbents will face primary challenges from their own party (38%), nine Republicans out of twenty (45%) and three Democrats out of twelve (25%). Of the combined thirty-two races, the only challenges to seven of the Incumbents or the Incumbent’s Party are from Libertarians (22%), and one is from the Libertarians and the single Constitution Party candidate (03%), for a combined eight of the thirty-two seats… again, one out of every four. For all of the Parties, there are eleven Republican Party primaries (34%), five Democratic Party primaries (16%) and twenty Libertarian Party primaries (63%). Thus, out of a total of ninety-six possible primaries, there are thirty-six (38%) and, if you only count the sixty-four possible primaries for the Republican and Democratic Parties, there are only sixteen…which is, yet again, only one out of four. Out of THESE, there are only two races which will have primary challenges for all three parties (2.1%).

For the Texas State Senate, out of sixteen races, fifteen incumbents are seeking re-election (eleven Republicans and four Democrats). Of the sixteen races, the Republican Party has at least one candidate in all of the races, while the Democratic Party is only competing in eight of them, which (for those of us who can count) is only one out of two (50%). The Libertarian Party has candidates in nine of the races for a 56% presence. Of the incumbents running for re-election, only six out of fifteen (40%) face Primary challenges in their own party; four Republicans out of eleven (36%) and one Democrat out of four (25%… again).

In none of these races is there more than one candidate from any of three Parties facing a primary election… which is exactly 00%. In only one of the races (06%) are there two parties which will have primary contests. Out of a total of forty-eight possible primary contests there are only eleven (23%). This means that of sixteen possible primaries for each Party, the Republican Party has six (38%), the Democratic Party has two (13%) and the Libertarian Party has three (19%). For the General Election, only two of the races (13%) will have candidates from all three Parties, six (38%) will have only Republican and Democratic candidates, seven (42%) will have only one of the two major Parties (Republican or Democrat) running against a Libertarian candidate, and one (06%) will have a completely uncontested incumbent.

Finally we get to the Texas State House of Representatives with its one hundred and fifty seats at stake. 94% of the incumbents (one hundred and forty-one out of one hundred and fifty) are running for re-election. There are seventy Republicans and seventy-one Democratic incumbents running, which means that only nine of the seats are guaranteed to have a new person in them. The Republican Party is fielding candidates in one hundred and twelve of the races (75%), the Democratic Party is running in ninety-three of the races (62%) and Libertarians are contesting sixty-four of the races (43%).

Out of the one hundred and forty-one incumbents running, only twenty-three (16%) face primary races…sixteen Republicans (23% of seventy) and seven Democrats (10% out of seventy-one). Of the potential four hundred and fifty possible primary elections, there are only fifty-nine (13%), which is thirty-nine Republican primaries (26% of one hundred and fifty), ten Democratic primaries (07% of one hundred and fifty) and ten Libertarian primaries (again, 07% out of one hundred and fifty).

From all of the one hundred and fifty races, only twenty-seven (18%) have at least one candidate from all three parties. Twenty-nine of the races (19%) have only candidates from both the Republican and the Democratic Parties. Thirty-seven of the races (25%) only have one or more candidate from the Libertarian Party opposing one of the two major Parties. Of the one hundred and forty incumbents running, forty-six of them (33%) of them are completely unopposed (twenty-one Republicans out of seventy for a 30% ratio and twenty-five Democrats out of seventy-one for a 35% ratio). Out of the one hundred and forty-one incumbents running, eleven of the races have the incumbent’s party unopposed by candidates from either of the other two parties 08%). This includes six Republican contests out of seventy (09%) and five Democratic races out of seventy-one (07%).

Now, can you figure out what is the most horrifying statistic which can be made from the above paragraph? I’ll give you a couple of minutes to re-read it. {da da da da da dum} Have you figured it out yet? If it wasn’t for the Libertarian party, ninety-four out of the one hundred and fifty races for seats in the Texas House (63%) would have either the Incumbent or the Incumbent’s Party with no, let me repeat that, with NO opposition. Out of all of the two-hundred and nineteen total races in 2010 that I have broken down, that comes to one hundred and fifteen races (53%) in which there is only a challenge to an incumbent or an incumbent’s Party because of candidates from the Libertarian Party. Do you, like me, think that percentage is WAY too high?

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So, why have I written almost 2,000 words in eighteen paragraphs taking up most of three pages to numb you with statistics that barely a handful of people would even think about? Why have I spent most of my waking hours over two full days making myself blind(er) and giving myself a migraine to have these statistics to write about? It is very simple. Political districts in Texas are so frighteningly gerrymandered (http://en.wikipedia.org/wiki/Gerrymandering , http://www.thefreedictionary.com/gerrymander) that almost every seat for every state office in Texas (by which I mean, every elected office which has a specific political district that is smaller than the entire state… US House, Texas Senate and Texas House) is basically considered a safe seat for either a particular candidate or a particular political Party (http://en.wikipedia.org/wiki/Safe_seat) . They are considered so safe that few of them are challenged for and MANY fewer of them still are lost. That should be unacceptable to any person who believes in a democratic form of government.

Both the Republican and the Democratic Parties (especially the Republican Party over the last decade) have worked and legislated to not only make it infinitely easier to stay in office than it would be in a system in which voters have the true power over our government, they make it almost impossible for any new parties to challenge their political hegemony. Even if the two major parties hate each other, it is still in the best interest of both of them to keep the playground closed to other kids, as it were.

The Texas state Constitution makes these requirements for legislative districts (Article III, sections 25 and 26):

(25) “The State shall be divided into senatorial districts of contiguous territory according to the number of qualified electors, as nearly as may be, and each district shall be entitled to elect one senator, and no single county shall be entitled to more than one senator.

(26) “The members of the House of Representatives shall be apportioned among the several counties, according to the number of population in each, as nearly as may be, on a ratio obtained by dividing the population of the State, as ascertained by the most recent United States census, by the number of members of which the house is composed; provided, that, whenever a single county has sufficient population to be entitled to a representative, such county shall be formed into a separate representative district, and when two or more counties are required to make up the ration of representation such counties shall be contiguous to each other; and when any one county has more than sufficient population to be entitled to one or more representatives, such representative or representatives shall be apportioned to such county, and for any surplus of population it may be joined in a representative district with any other contiguous county or counties.

Now, take a look at (1) the current c0ngressional districting map for Texas (http://congdistdata.tamu.edu/USCongressionalDistricts.pdf), (2) The current Texas Senate districting map (http://www.laits.utexas.edu/txp_media/html/leg/features/0400_04/plans01188.html), and (3) the current Texas House districting map (http://www.laits.utexas.edu/txp_media/html/leg/features/0400_02/planh01369.html). You tell me whether or not you think that these districts are gerrymandered or if they meet the requirements of the Texas Constitution.*

[*By the way, when I was doing my Google searches for the Texas state government district maps, two of the results that popped up were “Dante’s Inferno – Circle 8 – Subcircles 1-6 – Cantos 18-23” and “Dante’s Purgatorio – Terrace 5: Avarice And Prodigality”. Do any of my readers find that as unbelievably funny as I do? Just curious.]

To have a functioning democracy, it isn’t enough to have the right to vote. We must also have both a selection of candidates from which to chose AND the power to determine who WE want in office rather than who the Parties want. Right now, for all practical purposes to be a candidate for any of the offices which I have covered, you must have all of your paperwork in the hands of the Texas Secretary of State on the first business day of January. This allows candidates to be listed on the ballots in time for the state primary elections. Parties like the Libertarian Party have to use conventions to determine their nominees which use a slightly different schedule than the primary schedule, but the filing deadline is the same.

So, what is it about our elections, as described by me up to this point, which rob voters of power over our elections? First, there is no opportunity for citizens to see which races do not have any competition and then work to raise more candidates. This means that even the two major Parties are stuck with whoever met the filing deadline. Second, while minor Parties (Libertarian, Green, etc.) have to use a convention method to choose their candidates, those candidates STILL have to have their paperwork filed by the January filing deadline. This means that the convention delegates can ONLY “choose” candidates who met the filing deadline. They have no opportunity to control the process and, except in elections when they have more than one member of their party to choose from, are stuck with whoever had their paperwork in on time. There are processes to declare a write-in candidacy or to get on the ballot as an unaffiliated / Independent candidate, but are not practical means in the state of Texas to give the voters more choices or options besides those who handed in a notarized form by the first business day after New Year’s.

To truly be in control of who represents them in their governments, the process has to be designed to remove the power of the Parties over the process. We need districts which are completely non-partisan and politically neutral. We need to make it easier for more candidates to get on the ballots. We need enough candidates running for every office that all of the Parties will need to actively campaign to win their Party’s nomination in the primaries and conventions before they campaign for the actual office. We need to examine different methods of voting which put control of the outcomes in the hands of the electorate. (http://blavier.newsvine.com/_news/2009/04/21/2714028-the-laboratory-of-democracy-alternative-voting-methods-approval-voting-re-edited) We need to reduce the costs of filing for office by independents and others who do not have the backing of a Party which has ballot access, and of running a campaign for office. We also need to remove the bureaucratic barriers which make it difficult to even be on the ballot.

The thing is, if we were to solve all of the issues which I have raised, we will end up with better people in office. While many people complain about the lengths and costs of campaigns by candidates for the office of President, there is one good benefit of the process, which is that it hones a candidate’s skills and message, AND gives the press time to learn more about the candidates than the candidates might want us to know. Winning an election to become the President of The United States does not make a candidate a victor, it makes them a survivor. The other main benefit to the voters making changes to our election process is that we will end up with officeholders with a wide range of beliefs, skills, and knowledge. Diversity is not found in the color of someone’s skin, their gender or their sexual orientation; it is found when you have people with differing beliefs working together to create our laws and operate our governments. Homogeneity of ideas is the worst enemy of true diversity.

As much as people of any particular ideology might think that having people holding the same ideological beliefs as they do in every office would create a perfect government, they are wrong. Good decisions are not made when everyone agrees; they are made when people with differing beliefs can work together and challenge each other to make the best decisions. (http://blavier.newsvine.com/_news/2009/06/11/2918292-groupthink-as-a-political-mental-illness-part-i, http://blavier.newsvine.com/_news/2009/06/15/2933680-groupthink-as-a-political-mental-illness-part-ii) I recently ran across a blog, called ‘Divided We Stand, United We Fall’, which has apparently been around since 2007. It has some very good stuff in it but I want to point my readers to a particular article on that site (http://westanddivided.blogspot.com/2007/07/curing-libertarian-political-impotence.html).

This is why I say that the SINGLE most important issue for the Libertarians in the 2010 election is the redistricting which will be done by Texas (and the other states) in 2011. Unless we can literally change the political map next year, we will simply spend another decade as a fringe party which has no REAL impact on our laws or on the operation of our government. This is the case that the Libertarian Party needs to be making to the citizens of Texas, as well as to voters all across The United States. We need to make sure that the voters in every district know that, while they have no power to determine who gets elected by voters in other districts, they can still have an impact by choosing to send Libertarians, in those districts which have Libertarian candidates, or people of differing ideologies that the current prevailing ones as their representatives in Austin and in all of the other state capitals. NONE of many problems can be fixed if we don’t have the best people in office to work on them. If we cannot make them understand the importance of redistricting as a way for THEM to have more power over those in political office, then we will fail them. Voters may get the “government that they deserve” but, if we can’t give them real choices about who they can vote into office, they will never have to opportunity to deserve a better government.

For more information, please see http://texaspolitics.laits.utexas.edu/6_printable.html.

Rhys M. Blavier
Romayor, Texas

Truth, Justice and Honor… but, above all, Honor

© Copyright 2010 by Rhys M. Blavier

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225 years of The American Experiment.

LibertarianPartyCandidates.US tracks races all over the country

In Libertarian Party-US on August 5, 2008 at 1:40 am

I’ve previously listed the LP candidates here, here, here and here. Now, George Donnelly has turned this list into its own website with graphics and continuous updating. George explains:

An Effort to List all LP Candidates

We Libertarians need to know how many candidates we’re fielding for office. Which states are fielding full slates? no slates? Who are the candidates, what do they look like, what is their history, what are their positions and motivations?

This is all very basic but, before Libertarian Party Candidates (LPC), you could not find all this information in one place.

It’s important to see how well (or poorly) we Libertarians are doing at challenging the Republicrat duopoly at the ballot box. Hopefully LPC will serve as a measuring stick and as an incentive to run more and better candidates in 2010, 2012 and beyond.

Background

When Paulie pointed out in July of 2008 that LP.org doesn’t list all the Libertarian Party candidates running for office, it piqued my interest. How can we expect people to support and vote for Libertarian candidates if they don’t even know who they are – or even that they exist?

So, after chatting with Paulie, I decided that Libertarians might like a website where they can find all LP candidates in one convenient place.

Thanks to Paulie, the state parties and others that have collected the raw information presented here. All I did was design the site and enter the data.

Future Years

The site was built in a hurry during my spare time in the last couple weeks of July 2008, but I plan to significantly improve it for 2010 and beyond. Your sugestions and comments will help make that a reality.

Please Share your Feedback

Please feel free to contact me, George Donnelly, at me@georgedonnelly.com with any suggestions, ideas, complaints or whatever. I’m open to developing the project in new directions. I’m also interested in other strategies to advance the cause of liberty.

According to the site, the LP is running

* 15 for US Senate
* 109 for US House
* 5 for State Governor
* 4 for State Lt. Governor
* 1 for State Treasurer
* 3 for State Attorney General
* 2 for State Auditor
* 22 for Other State Offices
* 42 for State Senates
* 216 for State Houses
* 3 for Local Executives
* 26 for Local Legislatures
* 6 for Judge
* 12 for Sherriff or Constable
* 78 for Other Local Offices
* 546 Total LP candidates