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Anthony D. Romero

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The Debates and Our Lonely Constitution

Posted: 10/23/2012 3:30 pm

Six hours of election debates are now over. Six hours of national discourse fundamental to our democracy, yet our Constitution was mentioned only once -- by Mitt Romney. Even then, it was referenced as a rhetorical mantelpiece, not as a point of debate.

Our Constitution deserves more and so do the voters.

The Constitution and the rights it guarantees remain as relevant today as when the document was signed 225 years ago. As important as jobs, energy and foreign policy, our Constitution is just as important even if it is not in the headlines every day.

Here's what we did and didn't learn on some key constitutional issues.

Illegal Drone Strikes -- The president's ability to order the killing of people overseas -- including American citizens -- without a trial or hearing of any sort went unchallenged in Monday night's debate. Romney said he supported drone strikes and President Obama just pivoted away.

LGBT Equality -- Millions of Americans are denied fundamental rights simply because of who they are. The ability to marry and to have protection from job discrimination was ignored during the debates.

Immigration -- We know that Romney "likes immigrants," but at the debates he skirted around the fact that he would require millions of young people to "self-deport," despite their full integration into our communities and their significant contributions to the nation.

Women's Rights -- While the Lilly Ledbetter Act and access to contraception came up in the town hall debate, a fuller conversation about Roe v. Wade and its perilous place in a Supreme Court up for grabs never occurred. Vice-presidential candidates Paul Ryan and Joe Biden did directly answer an abortion question from moderator Martha Raddatz, illuminating the views of candidates who would be a heartbeat from the presidency.

Religious Freedom -- We heard Romney say he believes "we must maintain our commitment to religious tolerance and freedom in this country." But that's all we heard -- nothing about how he would ensure that. Obama uttered the word "religious" when talking about other nations and their need for "religious tolerance." A fuller conversation was in order.

Since the candidates and the debate moderators decided not to put the full breadth of constitutional issues at the fore of the national conversation, we will.

From now until the end of the election, ACLU Liberty Watch, our presidential watchdog campaign, will highlight a different constitutional issue every day, including the candidates' respective positions on each one. You can follow us here.

The Constitution can't get lost among the issues of the moment because it is the enduring power of the Constitution that allows us to debate those issues.

 
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Six hours of election debates are now over. Six hours of national discourse fundamental to our democracy, yet our Constitution was mentioned only once -- by Mitt Romney. Even then, it was referenced ...
Six hours of election debates are now over. Six hours of national discourse fundamental to our democracy, yet our Constitution was mentioned only once -- by Mitt Romney. Even then, it was referenced ...
 
 
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HUFFPOST SUPER USER
BlairCase
11:30 AM on 10/28/2012
The word immigration or immigrant doesn't appear in the constitution. However, consitutional experts agree that the Fourteenth Amendment's "Naturalization Clause" gives Congress the power to make immigration laws. If it were not a power granted to Congress, the states would ber empowered to pass their own immigration laws. Romney has simply asserted that federal immigration laws should be enforced. Presdent Obama's "Deferred Action" program offers some undocumented immgrant a two-year reprieve from deportation.
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inthedesert
Those who never question will fall for anything.
07:20 PM on 10/24/2012
Enforcing America's immigration laws should be the first task of ANY immigration lawyer not trying to find ways for illegals to subvert them and stay in the country. Self-deportation is much, much more humane than rounding up people and forcibly deporting them. I think what this guy really wants is a totally open border with Mexico and another general amnesty for ALL illegals from Mexico not just "students".
03:33 AM on 10/24/2012
Romero and other ACLU representatives keep complaining that immigration law and its enforcement are somehow unconstitutional. Really? How is that? They never say because there is nothing constitutionally dubious about limiting immigration. You weaken your critique of Obama's actual trampling of the Constitution when you keep trying to drag immigration policy into your agenda. ACLU should stick to what they claim to be about and not play politics with immigration policy. We get it--you're open borders. That's nice, but quit acting like enforcing immigration law is an affront to the Constitution.

"despite their full integration into our communities and their significant contributions to the nation."

And constitutionally irrelevant. What provision of the Constitution is violated if a "Dreamer" were deported?
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inthedesert
Those who never question will fall for anything.
07:20 PM on 10/24/2012
Excellent post.
07:51 PM on 10/23/2012
What does the Lilly Ledbetter Act have to do with the Constitution? The Constitution outlines the powers and constraints of Government, not private enterprise.
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HUFFPOST SUPER USER
mabinog
My micro-bio is a desolate wasteland
11:47 PM on 10/23/2012
yeah that commerce clause is way over rated.
10:33 AM on 10/24/2012
It is. Have you ever heard of Wickard vs. Filburn? The supreme court ruled that they had the right to regulate a person who was growing wheat on his own land for his own consumption because it could possibly affect interstate commerce. The clause has been used to give the government virtually unlimited power over it's citizenry. If you think this is a legitimate use of government, I would ask, where does government power end?
GreatGrand mama
We must make our choices with care
03:17 AM on 10/24/2012
do you even know what the Lilly Ledbetter act is??? It is equal pay for women doing the same job as men.. geezzzz.... I guess men only read articles if there is a Ball in it or in their hands..
10:38 AM on 10/24/2012
But this law will have unintended consequences (like most laws). Let say I am an employer and I have ta man and a women doing the same job for $60k. The women quits, and I want to hire someone to replace them, but can only pay them $40k. I don't want to cut the other man's pay because I am afraid he might leave and training another new employee wouldn't be worth the cost. In this case, I would be very reluctant to hire a woman because if she finds out she is being paid less, she is a litigation risk. This is actually quite common nowadays with the economy the way it is, and it makes employers hesitant to hire women if they will be paid differently.
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07:12 PM on 10/23/2012
While we're looking at the Constitution, let's not forget a certain federal law -

18 USC Chapter 93 Section 1918 which deals with government employee disloyalty
(snippet) --Whoever violates the provision of section 7311 of title 5 that an
individual may not accept or hold a position in the Government of
the United States or the government of the District of Columbia if
he -
(1) advocates the overthrow of our constitutional form of
government;--

So where's the DoJ or FBI enforcing this federal law?
GreatGrand mama
We must make our choices with care
03:19 AM on 10/24/2012
okay.. let line up Grover Norquist,, Boechner, and McConnell to start with.. and the grab Paul Ryan and Todd Akin, for violating women..
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06:00 PM on 10/23/2012
Drone strikes are one matter.

What about our firing missiles into a sovereign nation as we did into Libya last year? We may not approve of what is going on in a particular country but do we have a Consitutional right to fire missiles into that sovereign nation (which Libya was and is) without a declaration of war?
GreatGrand mama
We must make our choices with care
03:20 AM on 10/24/2012
well.. I guess we could loan a few Stealth bombers out.. how does that grab you.. youngster???