The Day Democracy Died

Twenty years. How much can change. While we are busy attending to our own little lives, occupied in our own little thoughts, great tectonic plates shift on a rock that is wholly indifferent to it all. At some point we emerge from our pursuits to notice that neither the world nor the person regarding us in the mirror look much as we recall. The changes in both are horrifying.

And so to recall twenty years ago. 1994. The Dallas Cowboys. Rising interest rates. Micro Touch Systems (which allegedly made computer screens that could respond to a finger’s touch–kooky). What else? Oh yes, a little misunderstanding between the Tutsis and Hutus (I’m starting to think a brigade of the latter could instill much discipline on the southern border); a historic peace treaty signed between the Israelis and Palestinians–glad we could finally put that turmoil to rest; Saint Mandela to rescue SA from its first world misery; Hey, There’s OJ Simpson!; GOP wins control of Congress–man-oh-man are we going to get some conservatism now; there’s 260 million people in America?; four trillion in national debt?; and the best picture is…Schindler’s List. Finally some coverage.

But something else far more momentous happened in 1994. A nation fought to save itself…and the state won.

How many recall California Proposition 187…The “Save our State” initiative? Twenty years ago, even the myopic left coasters could see the train barreling toward El Norte. And to their deep credit, they spoke an emphatic No Mas. At the time, the state supported a relatively minuscule estimate of 1.3 million illegals. Probably today that figure could be found high in Humboldt County. Yet the people had had enough. And Prop 187 was put to a state-wide ballot.

Here were the key elements as per Wiki:
1) All law enforcement agents who suspect that a person who has been arrested is in violation of immigration laws must investigate the detainee’s immigration status, and if they find evidence of illegality they must report it to the attorney general of California, and to the federal Immigration and Naturalization Service (INS). They must also notify the detainee of his or her apparent status as an alien.

2) Local governments are prohibited from preventing or limiting the fulfillment of this requirement.

3) If government agents suspect anyone applying for benefits of being illegal immigrants, the agents must report their suspicions in writing to the appropriate enforcement authorities.

4) A person shall not receive any public social services until he or she has been verified as a United States citizen or as a lawfully admitted alien.

5) A person shall not receive any health care services from a publicly funded health care facility until he or she meets the requirements above.

6) A public elementary or secondary school shall not admit or permit the attendance of any child until he or she meets the requirements above.

7) By 1996, each school district shall verify the legal status of each child enrolled within the district and the legal status of each parent or guardian of each child.

8) A child who is in violation of the requirements above shall not continue to attend the school 90 days from the date of notice to the attorney general and INS.

9) The attorney general must keep records on all such cases and make them available to any other government entity that wishes to inspect them.

10) The manufacture, distribution, sale, or use of false citizenship or residency documents is a state felony punishable by imprisonment or fine.

This was the healthy immune response of a society not yet crippled by accusations of “isms” from its enemies. Nearly nine million California extremists voted and…it wasn’t even close. The measure passed 59% to 41. And so the issue was settled and California saved, all with the full support of the federal apparatus. Since as we know, the American government is, above all, the staunchest supporter of democracy across the globe.

But that’s not quite what happened, is it Ese?

In December of that year, the 60% of nine million votes was overrode by a single one. Something in a black robe calling itself Mariana Pfaelzer issued a permanent injunction. Nearly three years later–after 35 months of peering into murky penumbras–it found the people’s efforts to not be colonized and parasitized were…”unconstitutional.”

There are two obvious problems highlighted here for the edification of conservatives. 1) The constitution says and means precisely what any leftoid jurist says it does. Nothing more, nothing less. 2) With this in mind, it would deeply behoove legislators to formally address the issue of Judicial Review.

In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary, although the power itself is not granted by the Constitution.

In this case, judicial review was a “key check” on the power of a putatively sovereign people to govern themselves. A “key check” that has been used repeatedly to deny legitimate legislation in the population replacement wars since.

Here is one dead white man’s opinions on the matter:

“The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches.” –Thomas Jefferson to W. H. Torrance, 1815. ME 14:303

“But the Chief Justice says, ‘There must be an ultimate arbiter somewhere.’ True, there must; but does that prove it is either party? The ultimate arbiter is the people of the Union, assembled by their deputies in convention, at the call of Congress or of two-thirds of the States. Let them decide to which they mean to give an authority claimed by two of their organs. And it has been the peculiar wisdom and felicity of our Constitution, to have provided this peaceable appeal, where that of other nations is at once to force.” –Thomas Jefferson to William Johnson, 1823. ME 15:451

“But, you may ask, if the two departments [i.e., federal and state] should claim each the same subject of power, where is the common umpire to decide ultimately between them? In cases of little importance or urgency, the prudence of both parties will keep them aloof from the questionable ground; but if it can neither be avoided nor compromised, a convention of the States must be called to ascribe the doubtful power to that department which they may think best.” –Thomas Jefferson to John Cartwright, 1824. ME 16:47

But who the hell is he to butt into Luis Gutierrez’ America? And though we now should all realize the constitution actually was a suicide pact, it’s time today to honor those legacy Americans from a long score ago. Those who naively believed they had a say in their own country. And to Pfaelzer…Gracias Seniora!

11 thoughts on “The Day Democracy Died

  1. The conservative ghost-shirters will always be satisfied as long as people “respect the Constitution”. The fact that the intentions of the Founding Fathers are being trampled in the dirt they attribute to “changing historical circumstances”. If a piece of paper could be so powerful, regardless of the racial composition of the population it governs, all they’d have to do is drop copies of it from the air all over Africa and Asia and then watch the natives turn their countries into clones of the US.

  2. Great piece. “Democracy” actually needed to die long before Proposition 187, but in the rare instance where it can actually do some good, it’s shown to be the total sham that it is.

    • i mean, despite no reference to her [AIPAC-American] status in her summary, the telling classification remains at the bottom of her wiki webpage

  3. Prop 187 was ridiculous with all those aspects targeting school enrollment and the sick, the latter being not only unconscionable in itself, but as public policy is completely insane, as though diseases weren’t highly communicable and indifferent to political status.

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