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Sunday, February 15, 2009
Paul Jacob :: Townhall.com Columnist
Government emergency
by Paul Jacob
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Mr. Bryant may or may not be aware how tricky this all is. The United States Constitution mentions a right of the people to petition the government, and judges have been striking down state legislative attempts to make petitioning harder.

What makes Bryant’s little foray into unconstitutional liberticide interesting is the way he formulated it.

He calls his bill “an emergency.”

I’ve mocked this elsewhere. There’s no emergency in Maine . . . just citizens going about doing their business as citizens. There’s certainly no crisis, except in the confidence citizens place (less and less each day) in their so-called representatives.

And Bryant’s bill exacerbates that crisis. So why this talk of “emergency”?

Well, look elsewhere. In cities, states, and counties around the country, politicians use the word “emergency” to avoid subjecting their laws to citizen oversight, input, and possible repeal.

In Lewis and Clark County, Montana, county bigwigs used the cover of “emergency” to ignore established rules for public comment on proposed zoning changes.

In Oregon, another “zoning emergency” was invoked to prohibit any development within spitting distance of the old Oregon Trail. It turns out that most Oregon legislation receives the imprimatur of “emergency,” just to avoid giving citizens even the slightest opportunity to challenge the law by citizen referendum.

Washington State’s Supreme Court ruled that the state’s legislature may suspend citizen-voted law whenever it wants, so long as it is specified on grounds of “the immediate preservation of the public peace . . . and its existing public institutions.”

These examples are from but one corner of the country. The problem is pervasive nationwide. Look at legislation in your state. Or city, or county. You will find regular abuse of the term “emergency.”

American government today plays the part of the Great and Powerful Oz, an old man hidden behind a curtain trying to scare a little girl. If he booms out the word “emergency” often enough, he hopes we won’t look behind the curtain.

It’s the job of the citizen to yap like Toto. And tear the curtain to shreds.  

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About The Author
Paul Jacob is President of Citizens in Charge. His daily Common Sense commentary appears on the Web, via e-mail, and on radio stations across America.
 
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Indie-Lou: Post #15-2
Obama said pending legislation would be made available to the public which includes Congress. The bill passed late Friday night, pending only Obama's signature on Monday in Denver to become law. Slooow signing action by a President on am "emergency" bill rushed through the Congress in less time by far than it will take either of you to read the book examples I listed above.
And don't even start up with me about "obstructionist Republicans," not after all but one of Obama's appointments who have not declined or dropped out have been approved in bipartisan ways, and the sorry record of Democrats for the past 9-10 years, including Obama for 142 or so days in two of those years.

You, one more than the other, sound like parrots squawking Lib Dem Obamaniac talking points. Let us know when you have read this post to you, also part then all of the bill/law.

Indie-Lou: Post #15
Indie since you quote Rubicon I address both of you here. To imagine anyone read that bill is unreasonable and naive. "A few" is a vague, relative term; "many" might just as well be used for the "concerns" raised. Further only one concern depending on the significance of its impact on the nation and its people could be enough to toss out the entire bill and start over in a truly bipartisan and collegial - open and fair - way.
Unreasonable: A few book examples: The final bill is over 1000 pages, 8# - a heavy, newborn baby weight. Mandingo in paperback, 640 pp.; Mein Kampf, avg. 707 pp; War & Peace, 1000+ pp.
A thousand or so pages will get you from Genesis thru Song of Solomon in the Bible.
Naive: Ask any C/M, staff aide, D.C insider, Congressmembers seldom write small, whole bills let alone read bills on which they vote.
Few/Many: More concerns are raised every day as the bill is read, even in part.
Bipartisan/Collegial: Obama spoke of bipartisanship. Pelosi said she was not there to be bipartisan and certainly showed so on this bill, so also Reid and as the heat over the bill increased Obama did too. 3 "Republican" Senators voted for the bill; 0 in the House. (cont.)




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