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Friday, April 03, 2009
David Limbaugh :: Townhall.com Columnist
Holder's Injustice
by David Limbaugh
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Remember the cacophonous wailing of the left over the Bush administration's alleged politicization of the Justice Department? We always knew they were just projecting, but now we have even more proof.

I first learned from my friend Andy McCarthy's blog post on National Review Online that Attorney General Eric Holder had rejected the legal opinion of his own Justice Department lawyers that the D.C. voting rights bill, which would give the District of Columbia a voting member in the House of Representatives, is unconstitutional.

Why would Holder reject the legal opinion of his own deputies? Dumb question. Because he doesn't like the answer and neither does his boss, President Obama. They both strongly support passage of the bill and do not believe a little trifle, such as an express constitutional provision forbidding it, should be permitted to get in their way. How many times do leftists have to demonstrate that they are an ends-justify-the-means bunch before it sinks in?

The Washington Post confirms that the Justice Department's Office of Legal Counsel, "an elite unit that gives legal and constitutional advice to the executive branch," did issue an unpublished opinion earlier this year that the voting rights bill is unconstitutional. Holder couldn't let that stand, so he went back to the well, hoping for a different opinion.

Lo and behold, the solicitor general's office dutifully served up that opinion and said it could defend the legislation in court should the bill be challenged on constitutional grounds. Hmm.

Now, those of you who don't like it when lawyers muddle up the plain meaning of language should follow me into the next paragraph, where I'll recite to you the pertinent constitutional provision. Please excuse me while I reach up to the shelf to retrieve my pocket Constitution.

Article 1, Section 2 provides: "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States." Would it be too much to ask that we all agree that the District of Columbia is not a state?

On that point, I'll note that Article 1, Section 8 provides for the establishment of a federal district that is distinct from the states. James Madison, the Father of the Constitution, wrote in Federalist No. 43 of the necessity of a separate federal district that serves as the seat of the federal government and is separate from the authority and the territory of any state. Otherwise, "Public authority (of the federal government) might be insulted and its proceedings interrupted with impunity," and the district would have to rely on the state in which it was included, for protection, which could diminish its honor.

The plain meaning of the language of Article 1, Section 2 is clear, is it not? Yet Holder insists his decision to override the opinion of the Office of Legal Counsel is grounded in law, not politics. Right. Continued...

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About The Author
David Limbaugh, brother of radio talk-show host Rush Limbaugh, is an expert in law and politics and author of Bankrupt: The Intellectual and Moral Bankruptcy of Today's Democratic Party.
 
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Mr. Limbaugh Be Careful.
David, David, David! Be careful what you say about our "Black" Attorney General, you are treading ever so lightly by challenging the right of ("B")AG's rejection of his own lawyers legal opinion concerning the DC voting rights bill.
The fact that it's unconstitutional is going to be construed as, get this, racist.
Remember Mr. Limbaugh he is the first "BLACK" Attorney General who's already labeled most of America as cowards for not having his called for dialogue on, race.
He's going to point at D.C. being disproportionally Black as being the key to this rather than the fact that it's not a state, plus his good friend and best bud Marion "I never did crack" Barry is calling in a favor.
David, like I said before, watch it pal, you could be labeled both a racist and a coward for pointing out the obvious, dude you're dealing with liberal policy makers here, next thing you know you're being targeted under the Fairness Doctrine Act.

jdhfjdhf
And who encouraged that black man on parole to gun down four police officers in Oakland recently?

Somehow, I DOUBT that he was a regular listener or reader of Rush Limbaugh and Sean Hannity and Ann Coulter and Michelle Malkin.

By the way, after the incident, some people in Oakland had an open rally in SUPPORT of that black man. In just the same way that many celebrities today still take up the cause of Mumia Al-Jamal, the Philadephia cop killer. When you or any of your leftist Kool-Aid-drinking buddies see similar rallies by conservatives in support of that Vietnamese immigrant in the Binghamton massacre, the North Carolina nursing-home killer, and this guy in Pittsburgh - or even any rallies memorializing Timothy McVeigh - feel free to report it on this board.

It was people on YOUR side of the aisle who were egging on the 1992 L.A. riot participants with "no justice, no peace" chants. And I doubt that the protestors at the G-7 meeting that was held in Seattle a few years in which those protestors were committing acts of vandalism, just like the ones in Europe have been at the G-20 meeting, numbered predominantly Republican voters among their number.

For that matter, I haven't heard any liberals come onto this site and relate an incident of their cars being "keyed", or other property vandalized, for sporting placards/stickers espousing liberal candidates/causes. More than a few of us conservatives, on the other hand, have experience this when OUR cars/property sported declarations for conservative candidates/causes.

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