Constitution

Happy Constitution Day!

At People For, our mission is to promote and defend constitutional values, so September 17th, Constitution Day, has a special place in our heart. Senator Robert Byrd passed legislation to create Constitution Day in 2004, and we wanted to celebrate this year by sharing clips from some of our Constitution reading events from years past.

In 2009 Senator Byrd reads the Preamble:

In 2006 Justice Ruth Bader Ginsburg reads Article 3:

In 2004 Richard Gere reads Article 1, Section 3:

and Article 5 and 6:

In 2004, Betty Friedan reads the 19th Amendment:

In 2009, Ana Marie Cox reads the 18th Amendment:

and the 21st Amendment:

In 2009 Michael York reads the 25th Amendment:

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233 Years Old and Still Looking Good

Birthdays are a good time to look back and take stock of the previous year’s events.  Usually a person tries to get a hold of the where they have been and where they want to go.  On July 4th, you might want to celebrate our nation’s birthday by looking back, and forward, by watching People For the American Way Foundation’s reading of the US Constitution

Four of our readers in particular gave us a reason to be proud of our past, and two others should make us all feel good about the future.

Two Japanese-American WWII Veterans and two Tuskegee Airmen honored us by agreeing to participate in the reading.  Grant Ichikawa and Kelly Kuwayama read Article II, Section 2, and LeRoy Gillead and Dabney Montgomery read the 23rd and 24th Amendments.  Looking at the inauguration weekend it is clear that it’s because of what people like Mr. Ichikawa, Mr. Kuwayama, Mr. Gillead and Mr. Montgomery did that so many people truly believed, “Yes, We Can.”

At the same event, we were proud to host two local high school students Sakinah Muhammad and Joel Carelafrom Caesar Chavez Public Charter School in Washington, DC. Their enthusiasm and excitement at being able to take part in our celebration was a reminder of how important it is to engage the next generation in civic education—and how capable young people are of understanding and embracing our nation’s legacy of liberty and justice for all.

On behalf of everyone at People For the American Way and People For Foundation, I hope you enjoy the 4th and that you use the occasion to re-commit yourself to keeping this “Grand Experiment” going.

PFAW Foundation

New Rasmussen Supreme Court Poll: Garbage In, Garbage Out

This week, right-wing polling firm Rasmussen Reports heralded a new poll which supposedly revealed that 64% of Americans think that "Supreme Court decisions should be based on what is written in the Constitution," whereas only 27% think the decisions "should be guided by fairness and justice." Yes, you heard that right, Rasmussen conducted a poll which pitted "fairness and justice" against "what is written in the Constitution" and then blasted out a press release about their amazing findings.

The media all too often treats pollsters like they're interchangeable, and that's a shame. Rasmussen is infamous among pollsters for its automated polling method – computers, not people, ask the questions – which is frowned upon by mainstream practitioners. And sometimes I have to wonder whether the computers are doing more than just asking the questions. It's almost as if they're writing the poll questions and sending out the press releases too.

But back to this week's poll. Focus on the Family quickly chimed in to say it "reveals that the American people are much more conservative regarding judges than our president is or any of the liberals in Congress." This is laughable, but we can't just laugh it off.

The Right has convinced millions of Americans that the Constitution is inherently conservative and that woolly-headed liberal judges disregard the Constitution and our laws in order to reach their desired outcomes. But these are just myths they've created to help prevent what we, and the overwhelming majority of Americans, really want: a Supreme Court that interprets the Constitution in a fair and just way. There is no need to choose between "fairness and justice" and "what is written in the Constitution." We want both.

And as for Rasmussen, it's clear enough to see the game they're playing. If you ask people ridiculous questions they're going to give you ridiculous responses. You don't need a poll and a press release to tell us that.

Kathryn Kolbert is president of People For the American Way Foundation

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Bill Moyers Journal: Russ Feingold On The Rule Of Law

Senator Russ Feingold, one of Washington's leading voices for civil liberties and constitutional rights, was on Bill Moyers Journal over the weekend discussing some of the steps he hopes the incoming Obama administration will take to restore the rule of law.

Nicole Belle at Crooks and Liars has a video, transcript and Sen. Feingold's Daily Kos post on the issue. Read more and check out the video.

Russ Feingold on Moyers screen cap

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Bush Against the Constitution. Again.

When Bill Clinton left the White House, the right wing message machine started pushing they myth that his staff had trashed the place on the way out.

President Bush seems to be doing something similar, but instead of pulling the W’s (or O’s?) off the keyboards, he’s trashing the Constitution.

Among the many midnight regulations that Bush has put in place, is this one which denies thousands of federal employees collective bargaining rights.  These kinds of regulations are usually lumped in the anti-worker category, but the Supreme Court has made clear that the right to free association is implicit in the First Amendment.  And what's a union if not a peaceable assembly of workers exercising their right to free speech?  In the case of federal employees, they're even assembling to petition the government.  A triple whammy!

So, yes, you should be angry that Bush took a shot at the labor movement on the way out the door, but he also found one more opportunity to thumb his nose at the Bill of Rights.

PFAW

Powell Stands Up to the Real Muslim Smear

In all the effort to defend Barack Obama against the rumor that he’s secretly a Muslim, too may people have missed the real point. Why would it matter if he were a Muslim? The Constitution clearly states that ”no religious test shall ever be required as a qualification to any office or public trust under the United States” but the anti-Muslim smear is usually only addressed as an afterthought, with a Sienfeld-esque “not that there’s anything wrong with that.”

In his interview on Meet the Press, Colin Powell elegantly swats down the rumor that Obama is a Muslim, without taking his eye off the real issue.

I’m also troubled by, not what Senator McCain says, but what members of the party say. And it is permitted to be said such things as, “Well, you know that Mr. Obama is a Muslim.”

Well, the correct answer is, he is not a Muslim; he’s a Christian. He’s always been a Christian.

But the really right answer is, what if he is? Is there something wrong with being a Muslim in this country? The answer’s no, that’s not America.

Is there something wrong with some seven-year-old Muslim-American kid believing that he or she could be president?

Yet, I have heard senior members of my own party drop the suggestion, “He’s a Muslim and he might be associated terrorists.” This is not the way we should be doing it in America.

I feel strongly about this particular point because of a picture I saw in a magazine. It was a photo essay about troops who are serving in Iraq and Afghanistan.

And one picture at the tail end of this photo essay was of a mother in Arlington Cemetery, and she had her head on the headstone of her son’s grave. And as the picture focused in, you could see the writing on the headstone. And it gave his awards -- Purple Heart, Bronze Star -- showed that he died in Iraq, gave his date of birth, date of death. He was 20 years old.

And then, at the very top of the headstone, it didn’t have a Christian cross; it didn’t have the Star of David; it had crescent and a star of the Islamic faith. And his name was Kareem Rashad Sultan Khan, and he was an American. He was born in New Jersey. He was 14 years old at the time of 9/11, and he waited until he can go serve his country, and he gave his life.

A good reminder that the “correct answer” isn’t always the same as the “really right answer.”

PFAW

The Constitution Has An Answer!

If you've been watching the magic wall on CNN, you might notice how much the hosts who use it like pointing out situations in which the Electoral College produces a tie.  How, pray tell, would we resolve such an impasse?

Luckily, the Constitution has an answer!

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.

Via Marc Ambinder, Charlie Cook takes a look at how that might play out.

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