Tag: US Constitution

DiSabato Proposes Ordinance that Could Violate State Law and the U.S. Constitution

Included in the various email exchanges following last week’s Horry County Council brouhaha was one from council member Dennis Disabato to council Chairman Johnny Gardner in which DiSabato notified Gardner he had instructed staff to prepare a new ordinance that appears to be pointed at one fellow council member and may violate both the US Constitution and South Carolina law.
DiSabato and council member Al Allen were on opposite sides of the issue to discuss county legal fees on last week’s agenda. Allen requested the discussion be placed on the council agenda, DiSabato moved to adjourn the meeting to prevent the discussion from taking place.
In an email to council Chairman Johnny Gardner, DiSabato said that since Gardner had a desire to discuss the use of public funds so transparently, he wanted to place an item on the agenda for the next meeting.
“I would like to discuss the use of public funds and awarding contracts to organizations owned by council members and/or their immediate family. I believe it is important for the public to understand exactly how much of our tax revenue is being spent with Allen Aviation, in particular, for mosquito spraying contracts, as well as how those contracts are awarded,” DiSabato wrote to Gardner in the email.
Had DiSabato stopped there, he would have been fine.
However, DiSabato’s email took it further, “Furthermore, I’d like to take this opportunity to let you know that I have instructed staff to prepare an ordinance to prevent the county from further contracts with companies owned by council members and/or their immediate family. The intent here, Mr. Chairman, is to protect and prevent individuals on council from undue public scrutiny of perceived improprieties stemming from such activities.”
An ordinance such as DiSabato proposes may violate both state law and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
The Fourteenth Amendment provides that no state may deny any person within its jurisdiction the equal protection of the laws. It mandates that individuals in similar situations (classes) be treated equally by the law.
South Carolina has no law prohibiting public officials from conducting business with the agency they represent. It does have laws prohibiting members from voting on or influencing a governmental decision in which the public official has an economic interest and laws on disclosing the income (economic interest) from such business.

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The Unfair Vilification of Donald Trump

Over the past year, Donald Trump has been labelled with more tags than any other presidential candidate in my lifetime.

He has been called a racist, misogynist and xenophobe with no respect for separation of powers or any other part of the Constitution.

It has been written that he is torching the most sacred American values and undermining the pillars of our democracy.

I read and hear these various commentaries in the media and from party, especially Republican Party luminaries, and I wonder why Trump is being held to a standard most are not.

Racism has been an integral part of America and we still have a long way to go to stamp it out. In 1776, we held truths to be self-evident that all men are created equal and are endowed by their Creator with certain unalienable rights. But, if you were a slave, you’re very humanity was denied you.

Not only were many of our early presidents slave owners, but Woodrow Wilson made “Birth of a Nation” the first film ever screened in the White House and called it quite good. Wilson’s comments were 50 years after the 13th, 14th and 15th amendments were passed and 126 years after the Constitution was ratified.

And we are not even considering the “Southern Strategy” which played so large a part in rejuvenating the Republican Party nationally.

As for misogyny, this country denied women the right to vote until 1920, as well as many other basic rights of citizenship, and still generally pays women less than men for the same job.

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Ron Paul feted in raucous farewell rally

Ron Paul On Warrantless Surveillance

A recent column by former Congressman Ron Paul called for an end to warrantless mass surveillance and a return of the 4th Amendment to American life.

As Paul pointed out, there is no terrorist exception in the 4th Amendment. Either probable cause exists to surveil someone, in which case warrantless surveillance wouldn’t be needed, or it does not.

We couldn’t agree more. Terrorism is no excuse to suspend the Constitution just as the alleged, but basically fictional, “Red Menace” was no excuse 100 years ago.

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The Adult Entertainment Industry Strikes Back

The first salvo from the adult entertainment industry was launched just hours after a Horry County Council Ad Hoc Committee voted Thursday to go forward with new ordinances governing the time, place and manner of adult entertainment operations.

Todd Martin, corporate spokesperson for Airport Express Video, LLC sent a press release by e-mail to all members of county council as well as many media outlets.

The press release outlines Airport Express Video’s meetings with county staff, its business license history and other interactions with the county. It also explains why Airport Express Video believes the new county ordinances to be unconstitutional and asks some interesting questions about other types of businesses.

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Defending the First Amendment

The Obama administration’s attack on the First Amendment took a predictable turn recently when White House Press Secretary Jay Carney reiterated the administration’s use of national security concerns in justifying White House investigations of journalists.

In attempting to justify the Justice Department’s seizing of reporters’ phone records and emails, Carney said, “The president believes it’s important that we find the proper balance between the need—absolute need to protect our secrets and to prevent leaks that can jeopardize the lives of Americans and can jeopardize our national security interests on the one hand and the need for—to defend the First Amendment and protect the ability of reporters to pursue investigative journalism.”

The original attack on the First Amendment, with the Sedition Acts way back in 1798, made it illegal for persons to criticize the administration and/or government, even if the criticism was true. The acts were passed by the Federalist Congress in the mistaken impression that they were combating anarchy – a threat to national security.

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Equal Marriage Rights

I am going to start today by admitting two things. I am in favor of equal marriage rights for all citizens, regardless of their sexual preference. I do not know all the ins and outs of the Constitution.

I may not be able to tell you word for word what is in Article IV (admission of new states and changing of states), but I do know that the document that some want to trample on and others love to embrace as if it were the Holy Grail guarantees everyone certain rights of equal protection.

Nowhere in the Constitution does it say you get those rights ONLY if you are a heterosexual adult. And, during the Civil Rights movement, nowhere did it say you got those rights ONLY if you were a white adult. While I am not in favor of government having any sort of residency inside my house, especially, my bedroom, someone needs to tell the U.S. Supreme Court to get with the times and grant equal marriage rights to every person in this country regardless of sexual preference.

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Lindsey Graham, Taxes and Grover Norquist

Sen. Lindsey Graham (R-SC) put himself directly in the bullseye of Tea Partiers and their Republican far right allies when he said over the weekend he would no longer be bound by the Grover Norquist pledge to not raise taxes.

Graham’s comment, “When you’re $16 trillion in debt, the only pledge we should be making to each other is to avoid becoming Greece…” will be used against him over and over during the next two years.

He did not advocate raising taxes at this point, he merely pointed out it is one of the options that should remain on the table as federal legislators attempt to avoid taking the government over the ‘fiscal cliff’ in the next month.

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