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One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Saturday, April 03, 2010

Arkansas Democrat Leadership Does Not Understand the U.S. Constitution - A Lesson in Arkansas History

This week, State Senator and Republican Candidate for Governor Jim Keet expressed his disappointment with Governor Beebe regarding his recent comments comparing criticism surrounding President Obama’s health care bill to the 1957 Little Rock School crisis.

Keet said, “When I first heard Governor Beebe’s televised remarks comparing Arkansans’ legitimate concerns surrounding the health care bill to the 1957 Little Rock School crisis, I was disappointed.” “I then read his comments in the Washington Post. They dredged up memories of an embarrassing part of our history. As Arkansans we are saddened to be the subject of a derogatory article in a newspaper which is read worldwide. Is this how the Governor wants our state to be portrayed?”

Keet continued, “The legal issue arising from Obamacare is not settled law as was the case in 1957 when Orval E. Faubus whipped up a hateful frenzy in outright defiance of President Eisenhower’s order enforcing the U.S. Supreme Court decision in Brown v. Board of Education.”

“For the first time the federal government is directing American citizens to buy a specific product, health care insurance, and if they don’t, they will be fined. It was disingenuous and beneath the Governor to say, ‘they tried it here in Arkansas in 1957 and it didn’t work,’” Keet commented. “Why hurt Arkansas by saying things that the Washington Post could, and did, twist into an innuendo of racism.”

“Attached is a lesson in Arkansas history that Governor Beebe might want to consider. I am no attorney and have never been the Attorney General, but I am a student of history. It seems to me that Governor Beebe should know the difference between a case that was settled by the Supreme Court and a law which has never been tested in the courts. Georgetown University Professor Jonathan Turley, along with other legal experts, believes the lawsuit, which has now been joined by 14 states, has merit. It is unfortunate that our Governor has decided to accept this far reaching law without questioning its constitutionality. And in the process, he has defamed our state in the Washington Post.
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Lesson in Arkansas History by Jim Keet: Many Arkansans are disappointed that Governor Beebe did not reveal his position on Obamacare until after the bill was passed by congress. Even more people are upset at his refusal to join the governors and attorneys general of other states who are suing to test the constitutionality of the law. Obamacare will cost the state hundreds of millions of dollars. A significant majority of our people believe it will add to our enormous national debt and diminish the high quality of health care that Arkansans now enjoy.

In answer to those who want to test Obamacare in court, the governor says Arkansas must cave in to whatever the federal government decides to do. His exact quote was: “the truth is the federal government can’t just be defied by the state governments.” To support his position and divert attention, he dredged up the Little Rock High School integration crisis, the ghost of Orval E. Faubus, and a multitude of bad memories from 1957. Politicians often use a red herring, but Beebe’s ploy subjected Arkansas to a fresh, unnecessary round of embarrassment. His comments about a dark moment in our state were spread far and wide by the ever-eager Washington Post.

The legal issue arising from Obamacare is not settled law as was the case in 1957 when Faubus whipped up a hateful frenzy in outright defiance of President Eisenhower’s order enforcing the U. S. Supreme Court decision in Brown v. Board of Education. The court, in Brown, overturned Plessy v. Ferguson, the indefensible “separate but equal” doctrine that created an excuse to segregate the races in public schools. The state of Arkansas did not have a leg to stand on, morally or legally. Unlike 1957, there is no settled precident that controls the issues presented by controls of the healthcare bill.

Obamacare will face constitutional challenges brought by Florida, South Carolina, Idaho, Texas and several other states. The state of Virginia, with wide bi-partisan support, enacted a special law for the express purpose of challenging the Obamacare mandates in court. These are sincere and legitimate efforts to test the elasticity of the Commerce Clause of the U. S. Constitution.
For the first time the federal government is directing American citizens to buy a specific product, health care insurance, and if they don’t, they will be fined. It is one thing to regulate commerce; the intended purpose of the Commerce Clause. It is quite another to force citizens to engage in a specific act of commerce against their will. The court has never gone that far. Where the Commerce Clause ends and the 10th Amendment begins, is a question that has not been settled. The legal actions, peacefully brought by the states to test that proposition stand in stark contrast to the kind of defiance we saw on Park Street in Little Rock in 1957.

Additionally, Obamacare is extremely controversial. It was jammed through congress on a party line vote using questionable procedures, bribes, and backroom deals. It will touch virtually every American in one way or another.
Governor Beebe may call the suits acts of “defiance” but most Arkansans think it is a pretty good idea to see whether the constitution is being violated. It was disingenuous and beneath the governor to say: “They tried it here in Arkansas in 1957 and it didn’t work.” Why hurt Arkansas by saying things that the Washington Post could and did twist into an innuendo of racism? Claims of racism are a mainstay of the national Democrats, but Arkansas deserves better than that from Governor Beebe, particularly on something as sensitive as the Little Rock High School integration crisis.

I will cut him a little slack. He was only 11 years old in l957, but he is a Democrat. I hope these factors account for his skewed recollection of Arkansas history, but that does not dispense with the need to straighten out what he caused to be published in the Washington Post on March 30th.

For the record: Governor Orval E. Faubus was a Democrat. The entire Arkansas congressional delegation signed the “Southern Manifesto” declaring that the Supreme Court abused its power by overruling Plessy v. Ferguson. They were all Democrats. It should also be noted that President Eisenhower was a Republican and the Civil Rights Act of 1964 would not have happened without the support of Republicans in congress. Southern Democrats fought it all the way. A lone congressman, Brooks Hays of Arkansas, tried to bring the sides together. He won his Democrat primary but was thrown out of office by a write-in candidate.

In 1964, Winthrop Rockefeller, a Republican, began a political effort to oust Orval E. Faubus and rid Arkansas of bigoted, machine politics. He became the 37th governor of Arkansas and opened up government and politics to women and African Americans. It was Governor Rockefeller’s victory that opened the door for a new generation of Democrats like Dale Bumpers, David Pryor, and Bill Clinton.

So, Governor Beebe, as we finish this lesson let me pose a history question. You were first eligible to vote in 1968 when you were a student at Arkansas State. Were you for Governor Rockefeller or were you for Marion Crank, the hand-picked heir to the Faubus machine?
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Jim Keet is a businessman, former State Senator and current candidate for Governor of Arkansas.

Tags: Jim Keet, Mike Beebe, Arkansas, Obamacare, US Constitution, government health care, governor, States rights, Arkansas history, Democrats
To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
Posted by Bill Smith at 5:25 PM - Post Link

1 Comments:

Anonymous Daris Wiebe said...

Most politicians DON'T understand the Constitution, regardless of party.

Just heard the definition of "politics" on the radio about an hour ago.

"Politics" = a combination of:... See More

"poli" refers to "people", and

"tics" refers to a parasite that sucks the blood out of host organisms,

so, a "politcian" is a parasite that sucks the blood out of the people-citizens-taxpayers.

4/13/2010  

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