The Missouri General Assembly has sold out the people of Missouri and more than two centuries of our heritage in following President Trump’s dictate on congressional elections.
The quick obedience of our legislature came less than a month after Trump issued a wholly unconstitutional rant on his social media page on August 18—
Remember, the States are merely an ‘agent’ for the Federal Government in counting and tabulating the votes. They must do what the Federal Government, as represented by the President of the United States, tells them, FOR THE GOOD OF OUR COUNTRY, to do.
While we might have had other presidents who THOUGHT that, only Donald Trump has said so clearly and unmistakably that he is a dictator, the Congress, the Courts, and the Constitution be damned. He, he claims, can order states to do his bidding.
It is nothing short of a political tragedy that our Governor and our Missouri General Assembly have so unabashedly acknowledged that he is what he says he is and they will take orders from him, to the detriment of their constituents.
The legislative journals will be testimony for decades to come how completely the people from our home towns that we chose to represent us have sold out to a president who respects no bounds, including those of the United States Constitution, as well as forfeiting the rights of independence asserted by our State Constitutions for more than two centuries.
To be clear: What Trump and our legislature have done is NOT for the good of our country or our state. Their actions are an abdication by the majority of their oath of office to defend the Constitutions of the United States and the State of Missouri:
“I do solemnly swear, or affirm, that I will support the Constitution of the United States and of the state of Missouri, and faithfully perform the duties of my office……”
The attitude by legislators who have endorsed the Trump congressional district map raises serious questions whether the people in the House and the Senate that we elected to serve and to protect US have “faithfully performed” the duties of their office—which do not include following the dictates of a President of the United States who demands service only for the good of Donald J. Trump, a man either ignorant of the Constitution HE swore to uphold or who flagrantly ignores Section Four, which reserves the power to the states to regulate elections and the counting of votes and they in no way must do what the President tells them to do.
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.
The loophole in the language, however, does allow the legislature to carry out a President’s wishes and there’s nothing to stop a power-hungry President from telling the legislature to do his bidding and the majority of the legislative members can rationalize reasons for doing so—which they have done although the legislature is under no legal obligation to do so.
The legislature also has ignored the wording of every Missouri Constitution in the 204-year history of our state by agreeing Missouri, and other states “are merely an ‘agent’ for the Federal Government in counting and tabulating the votes.”
States are not agents. They are independent subdivisions and Missouri has repeatedly claimed that distinction. Article Ten of the Bill of Rights, often cited—especially by Republicans—establishes that:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Missouri has always firmly claimed those powers, beginning with our first constitution.
1820: “We, the people of Missouri, inhabiting the limits hereinafter designated, by our representatives in convention assembled, at St. Louis, on Monday the 12th day of June, 1820, do mutually agree to form and establish a free and independent republic, by the name of ‘the State of Missouri;’ and for the government thereof, do ordain and establish this constitution.”
1865: Article 1, Section 5: That the people of this state have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their Constitution and form of government, whenever it may be necessary to their safety and happiness; but every such right should be exercised in pursuance of law, and consistently with the Constitution of the United States.
1875: BILL OF RIGHTS. In order to assert our rights, acknowledge our duties, and proclaim the principles on which our government is founded, we declare-.
Section 1. Political power, origin of. —That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. [Same as Const. 1865, Art. 1, Sec. 4.]
Sec. 2. Internal affairs, regulation of. —That the people of this State have the inherent, sole and exclusive right to regulate the internal government and police thereof, and to alter and abolish their Constitution and form of government whenever they may deem it necessary to their safety and happiness : Provided, Such change be not repugnant to the Constitution of the United States. (same, in substance, as language from 1865 Constitution)
1945 Constitution: Bill of Rights:
Section 4. Independence of Missouri—submission of certain amendments to Constitution of the United States.—That Missouri is a free and independent state, subject only to the Constitution of the United States; that all proposed amendments to the Constitution of the United States qualifying or affecting the individual liberties of the people or which in any wise may impair the right of local self-government belonging to the people of this state, should be submitted to conventions of the people.
Free and Independent state? Not anymore. Not as long as a President can say “jump” and the Missouri legislature leaps.
How high would it leap? Senator Lincoln Hough of Springfield is the answer. Hough has been a trusted figure among the Republican super majority. You don’t get much more trusted than by being put in charge of the committee that decided what gets how much of a $50 billion budget.
He and Senator Mike Moon of Ash Grove voted against both the petition proposal and against Trump’s gerrymandered map.
Hough has told The Missouri Independent that Senate leader Cindy O’Laughlin within minutes of the vote removed him as the chairman of the Senate Appropriations Committee because he defied orders to vote for the petition and redistricting bills.
Hough told The Independent, “She said, ‘we are tired of fighting with you.’ To which my response was, ‘did you fight with me this week, or did I just go out here and vote no on something that was handed down to the Missouri Senate and a bunch of elected members who are not allowed to talk?’”
“What I’ve seen at the end of last session, and what I saw this week, is a dismantling of what the Senate is supposed to be.”
The Senate as an institution nationally and in this state has always—until now—held itself to be the careful, deliberative chamber that allowed all voices to be heard, even if those voices tried to defeat or modify legislation. What happened in that chamber last week ended that important role in which one chamber of the Congress or of the legislature cooly evaluates the value and the honesty of legislation.
The Senate leadership, not even pretending to honor that tradition and that role in the system of government checks and balances that our nation’s creators gave us, destroyed that tradition. It twice voted to silence opposing voices and go straight to a vote, the outcome of which was guaranteed even with the two GOP defectors (Republicans control 2/3 of the seats in both chambers).
O’Laughlin several days ago fell back on the questionable excuse that the bills should be rammed through the special session to protect “Christian conservative values.” We are still waiting for her definition of them.
Whether the government should force Christian views—-or the perceived views of politicians who consider themselves Christians—on others seems clearly violative of the First Amendment’s establishment clause.
The Pew Research Center recently released its survey on religion in Missouri, showing 62% of Missourians identify themselves as Protestant Christians. Catholic Christians represent 14%. Historically Black Protestants make up five percent. Four percent of adults identify with other religions—Jewish, Muslim, Buddhist, Hindus and other world religions.
One-third of the responding adults say they are “nones,” religiously-unaffiliated. Five percent are atheists and eight percent are agnostic. “Nothing in particular” adds up to 20%.
If our legislature was interested in a representative congressional map, especially one based on those “Christian Conservative Values,” the map would be 5-3 Republican based on the perentages in the Pew study. Instead, it has caved to political greed and created a 7-1 map that does away with the only ordained Christian in our delegation and one of only of two active Christian ministers in the U.S. House of Representatives. Then it punished one of the caucus’s own members for taking a principled stand while the rest of his party colleagues sold out.
Whether it is a matter of religion or just raw politics, the Senate by its actions, got far under the covers with our President, and—in effect—endorsed his great desire to be a dictator.
Ultimately, these actions will reach the federal courts. Sadly, we no longer have confidence that the ultimate federal court will find our legislature’s bowing to a President seeking total power is far out of Constitutional bounds.
Some of the protestors at the Capitol when the House voted pointed to the state motto, “Let the welfare of the people be the supreme law.” Pretty clearly, the legislature has chosen the welfare of Donald Trump as its priority.
You and I have been sold out by those closest to us that we trust to defend our freedoms from a President who wants to become a tyrant.
Remember those who have done this to us. Remember it next year when they ask for your vote.
We do still have the right to vote for our legislators.
For now.