by Bob Barr | Apr 15, 2020 | Uncategorized |
Townhall With various states already postponing primary elections in the face of the COVID-19 pandemic, questions are surfacing about whether to postpone the November 3rd general election. The complexities inherent in such consideration would make even the most seasoned constitutional expert’s eyes glaze over.Though we thankfully appear to be past the peak of COVID-19 infections, there is a real possibility of another viral cycle later this year; meaning the November election could take place in circumstances similar to those we face today, with mandated “social distancing” and “lockdowns” in place. This is where things become seriously and constitutionally muddled. Per the 20th Amendment to the Constitution, terms of the President and Vice President end at Noon on January 20th. Likewise, every House Member’s term ends on January 3rd, as does the term of every Senator who currently is up for reelection on November 3rd. While Congress is empowered to set the date of the election by law, the terms of the president, the vice president, all 435 House members, and one-third of Senators are set by the Constitution and cannot extend beyond those dates. No “state of emergency” can change this. So, who would serve as president and vice president if the November 3rd election was postponed? “The Speaker of the House” is the obvious answer, but it is hardly that simple.Should an election not take place before these terms expire, there would be no Speaker of the House because Nancy Pelosi would not have been reelected to represent the people of the 12th District of California. But, hold on a moment — since the House elects a Speaker and that...
by Bob Barr | Apr 13, 2020 | Uncategorized |
Daily Caller At this point in the COVID-19 pandemic, most government sectors are playing out their roles according to script. Congress is throwing money at the problem. Liberal governors are preening for the cameras and auditioning to be chosen by Joe Biden to be his running mate. The mainstream media is obsessed with criticizing Trump’s every move.Local government officials of all political stripes are becoming mini-despots — ordering law enforcement to yank people off buses if they are not wearing mandated personal protective equipment (PPE) and instructing police to intimidate parishioners wanting to attend in-car religious services.Federal regulatory bureaucrats are doing what they do best – demanding that every rule be followed to the T even if doing so slows down salubrious processes.Outside the glare of the TV cameras, however, it is the president, perhaps alone, who is trying to take meaningful steps that will actually improve the chances the United States will be better prepared to both avert a future health crisis imported from outside our borders as well as to respond to health crises wherever their origin.Regulatory reform has been the quiet storm of the Trump administration. Unnecessary and burdensome rules have been identified and, where possible without congressional action, limited or rolled back entirely. The Left, as seen in a recent New York Times piece by Lisa Friedman, is worried sick about Trump’s efforts in this regard. Liberal efforts to slow this hallmark policy of the administration, however, will not succeed; unless, of course, the November election returns control of either the White House or the Senate (or both) to Democrat control.Long before the onset of the current...
by Bob Barr | Apr 8, 2020 | Uncategorized |
Townhall.comEverything New York Sen. Chuck Schumer says is political; and since President Trump took office in January 2017, everything Schumer says is political with an anti-Trump stinger. However, the Senator’s recent call for the President “to designate a senior military officer” to control the federal government’s COVID-19 response, is dead wrong. The proposal reflects a troubling perspective that, while perhaps popular to many citizens in times of crisis, cuts against the grain of how our country is governed; that is, if in accord with the principles and philosophy underlying our founding charter.The United States is a constitutional republic governed by individuals accountable to the people. This principle is codified in the Constitution itself, and explained further and at length in documents from The Federalist Papers to Supreme Court opinions, and in extensive presidential commentary beginning with George Washington. As noted by Richard Brookhiser in his book, “George Washington on Leadership,” it was our very first Commander in Chief who “made the template for American military leaders and their civilian superiors” (emphasis mine). America at its core is a country led by civilians according to civil law, not military individuals operating according to martial law.The distinction is not merely technical or strictly statutory (though such distinctions are extremely important). The “template” establishing the supremacy of civilian leadership over military in our country and in our culture, reflects also the civilian mind-set over the military.Armed forces operate on strict chain-of-command. Navy Captain Brett Crozier, former commander of the nuclear aircraft carrier Theodore Roosevelt, recently learned that going outside the chain of command brings serious consequences.Principles of civilian due process and equal protection are very different in that...
