This column presents facts regarding the United States Constitution, the Declaration of Independence, the Wisconsin State Constitution, and various other documents in reference to modern topics. Mark hopes to encourage interest in those works so that others can consider whether our government is practicing within its constitutional limits. In the last category, he may indicate his opinion. Mark is a resident of New Berlin. Readers are encouraged to visit the following sites for more information on the United States Constitution and Thomas Jefferson's views on politics and government.
President Barack Obama’s administration has quietly suggested it is willing to create a two-tier race-based legal system in Hawaii, where one set of taxes, spending and law enforcement will govern one race, and the second set of laws will govern every other race.
The diversity proposal is portrayed as an effort to create a separate in-state government for people who are “native Hawaiians.”
If Obama succeeds, “what’s to prevent creating similar [self-governing racial] groups out of say, Cajuns, or Orthodox Jews or Amish?” said Gail Heriot, a commissioner on the U.S. Commission on Civil Rights.
“If you can do that with groups that are already part of the mainstream, you can balkanize the country,” said Heriot, who is a law professor at the University of San Diego.
But the proposed measure to increase legal diversity is illegal because the president doesn’t have the power to grant one group of Americans the status of a separate government, she said.
“There is no constitutional basis for conferring such status, and Congress has repeatedly refused to confer this status,” said Carissa Mulder, a spokeswoman for two members of the federal Commission on Civil Rights.
“This seems to be yet another case of the Obama administration ignoring the law to achieve its policy objectives,” she added.
The Obama Administration vs. The Constitution
Us Constitution, 14th Amendment
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
We the People:
Since President Obama and Attorney General Holder support this, they apparently care very little about equal application of the law or equal protection as written in the fourteenth amendment; as long as the differences are favorable to their causes. Race-based laws would reestablish legal precedent for dividing us along ethnic lines and would further weaken our national unity. Is that what they want?