Duane Mooring | Missing the Constitutional Point

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Jason Gibbs wrote a column for “Right Here, Right Now” titled “Constitutional Debates Past Sound Bites” that was published in the opinion section on Feb. 23. I want to point out two points on his column. 

First, it doesn’t make any sense. Jason pointed out a Supreme Court case hinging on the 8th Amendment to the Constitution. Good – good points made. Then, Jason tried to tie the importance of this case to two recent issues in the media – Justice Brett Kavanaugh’s confirmation and Jussie Smollett’s possible racist attack hoax. There is no constitutional issue surrounding either of these issues. 

A credible witness came forward to challenge Kavanaugh’s confirmation. So? Is Jason claiming that Kavanaugh’s constitutional rights were violated? No. No due process is expected in witness testimony challenging a confirmation. Confirmation is a job interview, not a trial. 

Jussie Smollett may have broken the law by perpetrating a hoax, but there is no constitutional dilemma there. People in politics and the media being fooled by a possible hoax has no constitutional component, either.

Second, there IS a huge constitutional crisis unfolding right now with President Trump circumventing Congress and Congress’ constitutional right to control the country’s spending. Redefining “emergency” does not trump the constitutional rights of the peoples’ representatives. 

When I saw the “Right Here, Right Now” column with a constitutional subject in the column title, I was expecting some intelligent points to be made. 

Headline: “The Constitution is under attack!”

I want to hear “Right Here, Right Now” — how you feel about that.

Duane Mooring

Castaic

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