Peter Bronson, Constitutional Law Scholar

With the election over, we can turn our attention to this blog's favorite pastime: exposing the foolishness of Peter Bronson.

Yesterday, Mr. Bronson published an essay on his most recent trip to Gettysburg. I'm not sure what his point was (civil war is bad?). This little nugget, though, caught my attention (emphasis mine):

The South's cause was tainted by the slavery they relied on to produce 60 percent of America's exports and 75 percent of the world's cotton. But their reading of the Constitution was correct: The states delegated powers to the federal government, and they had a right to file for divorce if the domestic abuse was intolerable.

So, Peter Bronson believes that the Constitution gives states the right to secede? Wow. Maybe the Alaskan Independence Party will invite him to introduce Sarah Palin at its next convention.

I pulled open my Constitution, looking for a Secession Clause. I didn't find one. And guys like Bronson believe that the only rights guaranteed by the Constitution are those specifically enumerated therein. So why does he believe in such a right?

What's more, Bronson's position--that there is a right of secession--was squarely repudiated by the Supreme Court. In Texas v. White, Chief Justice Salmon P. Chase (near and dear to the hearts of Cincinnatians) held that Texas--which was once a sovereign republic--had no right to secede. Chase wrote:

The Union of the States never was a purely artificial and arbitrary relation. It began among the Colonies, and grew out of common origin, mutual sympathies, kindred principles, similar interests, and geographical relations. It was confirmed and strengthened by the necessities of war, and received definite form and character and sanction from the Articles of Confederation. By these, the Union was solemnly declared to "be perpetual." And when these Articles were found to be inadequate to the exigencies of the country, the Constitution was ordained "to form a more perfect Union." It is difficult to convey the idea of indissoluble unity more clearly than by these words. What can be indissoluble if a perpetual Union, made more perfect, is not?

I'm not sure what prompted Bronson's miniature states' rights tirade. Perhaps he was thinking that if Obama won, he could lead Ohio to secede from the United States. But it'd be nice if someone at the Enquirer would "fact-check" Bronson once in a while before going to print.

Roses Are Red . . .

And Hamilton County is blue.

I hope to post some actual analysis later today, once I've recovered from a long day yesterday and had enough time to process what happened yesterday.

But one thing seems undeniable: Hamilton County has shifted, whether demographically, politically, or both. The Democratic candidate for President carried the county with just over 52% of the vote.

Steve Driehaus defeated Congressman Chabot.

And perhaps most surprising (and the biggest departure from recent tradition), Democratic-endorsed judges won two of three contested elections in the Court of Common Pleas.

Hamilton County saw relatively low voter turnout: less than 67%, according to the preliminary numbers from the BOE. Of course, this does not include provisional ballots. But this is lower than early state-wide estimates, and lower than the 2004 election.

There's much thinking to do about yesterday's election.

Know Hope --- President-Elect Barack Obama

I can only join with Satchmo --- as a child of the old South, as a descendant of slave owners, I have gone from seeing "Colored" restrooms and "Whites Only" restaurants all around me to this moment. It is an amazing moment.

More on the Campain Trail

Some more scenes from the Obama get out the vote efforts:

Early morning at the polls in Mt. Washington.


No language barriers for Obama supporters!

The After-Parties

In what I am sure will be victory parties, here's the list I've got on where to go to party an Obama/Democrat win:

1. Cadillac Ranch - Main Cincinnati Obama Party
2. Northside Tavern - Cincy Rocks Obama
3. Tickets in Covington - NKY Dems.
4. Sulley's - Driehaus Party
5. The Comet - America Votes
6. Below Zero - Human Rights Campaign

Any other locations?

UPDATE#1: Added the HRC's event at Below Zero.

UPDATE#2: While not a party per see, the big screen at Fountain Square will have on CNN starting at 6:30 PM with the election returns. No actual events are going on since they are putting in the ice rink.

Voting Machine Errors in Covington

Good for voting officials taking action quickly with a specific voting machine counting error on certain voting machines. I do hope they still are able to provide additional assistance to disabled voters without much disruption.

Reports on Voting

Chime in with reports on how your voting went, what it was like at the polling station or other campaign sightings out there.

Democracy Is Coming --- Pray We Embrace Our Constitution And Reject Torture As Being Permissible

All of our hands are bloodied after the last eight years. Following the vicious attacks on September 11, 2001, something fundamental was broken in our national character. Values we cherished were shoved aside as weak and feminine and lines we never thought we would cross were crossed as our President and his co-President flexed their muscles, hiding behind the skirts of cowardly lawyers drafting memos that eviscerated our constitutional history and beliefs. Like small children afraid of the dark, this mighty nation cowered and did unspeakable things in the dark. The time has now come for light in those dark places.



Sail on, sail on
O mighty Ship of State!
To the Shores of Need
Past the Reefs of Greed
Through the Squalls of Hate
Sail on, sail on, sail on, sail on.

It's coming to America first,
the cradle of the best and of the worst.
It's here they got the range
and the machinery for change
and it's here they got the spiritual thirst.
It's here the family's broken
and it's here the lonely say
that the heart has got to open
in a fundamental way:
Democracy is coming to the U.S.A.

L. Cohen

Election Day - Go Vote!

If you have not voted already, today is it. Every registered voter should cast the vote by today. I believe today will be a day of history, so get out there and be part of it.

Say No To Taking Rights Away And To Discrimination: Tell All Your California Friends To Go Out And Vote No On Prop 8

Tyler Oakley, Winner Of Human Rights Campaign Foundation's National Coming Out Day Video Contest

What Is Jones Up To Now?

The Enquirer reports that Governor Strickland has declined to order that schools be closed tomorrow. Closing schools may be a sensible thing to do, given that many schools are polling places. But Strickland is probably also right that it's a decision best left to local school boards.

That's not the most intriguing part of the article, though. Instead, it's this gem:

The elections board also asked the sheriff's office for extra help controlling traffic. Up to 40 deputies will remain on duty at polling places Tuesday night, and all other staffers will be on standby, said Sheriff Rick Jones."The eyes are going to be on the state of Oho. We need to make this as smooth of an operation as we can," said Jones, who is also up for re-election this year. "We're preparing in case there is trouble."

What does that mean? What kind of "trouble" is expected at polling places in Butler County? It sounds like Jones is talking about more than just traffic control. And does Jones actually intend to station uniformed, gun-carrying deputies outside of polling places? Will they be in rural Butler County polling places, or just in Hamilton, where there may actually be some Democratic ballots cast?

Jones ought to think twice before he engages in efforts to meddle in this election. I know he thinks he's a big fish, but these waters may be a little deep for him.

One More Time With Feeling ---- Go Vote!!

Vote Like Your Life Depends On It! Vote Like The Constitution Depends On It! Vote To End Torture Being Carried Out In The Darkness In Your Name! Vote Because Now Is The Acceptable Time.

Let us not wallow in the valley of despair. I say to you today my friends - so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.

I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident, that all men are created equal."

I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.

I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.

I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I have a dream today.

I have a dream that one day down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of interposition and nullification - one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

I have a dream today.

I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed and all flesh shall see it together.

This is our hope. This is the faith that I go back to the South with. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.

This will be the day, this will be the day when all of God's children will be able to sing with new meaning "My country 'tis of thee, sweet land of liberty, of thee I sing. Land where my father's died, land of the Pilgrim's pride, from every mountainside, let freedom ring!"

And if America is to be a great nation, this must become true. And so let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania.

Let freedom ring from the snow-capped Rockies of Colorado. Let freedom ring from the curvaceous slopes of California.

But not only that; let freedom ring from Stone Mountain of Georgia.
Let freedom ring from Lookout Mountain of Tennessee.
Let freedom ring from every hill and molehill of Mississippi - from every mountainside.

Let freedom ring.

And when this happens, and when we allow freedom ring - when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children - black men and white men, Jews and Gentiles, Protestants and Catholics - will be able to join hands and sing in the words of the old Negro spiritual: "Free at last! Free at last! Thank God Almighty, we are free at last!"

Report On Early Voting

A reader, Katie, emails in this front line report on early voting today:

Hey Brian,

I just waited nearly 3 and a half hours to early vote at 824 Broadway in Cincinnati, Ohio,

What was amazing was that the vast majority (I would say 80-90%) of the people in that line were either: A..under 30 or B. African American. The line was practically an Obama rally. Obama volunteers handed out candy, apples, water and even cheeseburgers from McDonalds and Burger King. They had megaphones and at points during the wait the almost everyone in line was either cheering or chanting for Obama. Volunteers handed out Obama stickers, fliers and window decals. I didn't see a single McCain volunteer or receive a single McCain flier.

Katie

It would appear that the McCain team is limiting where they are sending volunteers in Hamilton County. One would think they might want to have a presence at the only polling place open in the entire county. Based on this report, they may have been wise in doing something else.

The Only Surprise Is That It Took This Long

David Krikorian (or as I like to call him, "that other guy") has jumped the shark.

A little more background, with quotes from the Schmidt campaign and Alex Triantafilou, is available from the Enquirer's Politics Extra blog.

Obama Rally Thoughts?

So for those of you that made the trip to Clifton to see Senator Barack Obama last night, what did you think? I was impressed. He seemed a little tired, but he was right on message and the crowd I believe felt the history they were witnessing. I know I did.

It was also a very positive crowd. The best repeated line Obama used was "Don't boo, just vote!" He used that when boos arouse when ever John McCain's name was mentioned. That exemplifies the quality I like most about him, his honor. He does a great job at being a true uniter. He is about being President to everyone, not just the Blue States or the Democrats. That at the core is the most important thing a President must do. That is leadership.

I am please to be voting for a man that I not only agree with on a vast majority of political issues, but whom I respect.

Also, more from James making his final lit drop:

Update #1 From the Campaign Trail

A really good friend of mine, James Czar, is out working for the Obama Campaign's GOTV effort on the Eastside of the City. He'll be out today and tomorrow and will send me some updates as he can. Here's his first. His thought on this photo is the the GOP must be nervous.

One Day More Robo-Call

Again courtesy of Jason Silverstein at McSweeney's:

"Hello. I'm calling for John McCain and the RNC because you need to know that Barack Obama has not accepted Joe the Plumber's friend request on Facebook. We know he's logged on, because we saw he changed his status on Monday. On Tuesday, he joined the group Art Historians Are Saucy. But he still won't accept Joe the Plumber's friend request. He knows it's Joe. Joe uses the screen shot of the two of them together as his profile picture. That's not a uniter. That's the same old liberal-elite politics as usual."

GO VOTE!

I Hear America Singing

I hear America singing, the varied carols I hear;
Those of mechanics—each one singing his, as it should be, blithe and strong;
The carpenter singing his, as he measures his plank or beam,
The mason singing his, as he makes ready for work, or leaves off work;
The boatman singing what belongs to him in his boat—the deckhand singing on the steamboat deck;
The shoemaker singing as he sits on his bench—the hatter singing as he stands;
The wood-cutter’s song—the ploughboy’s, on his way in the morning, or at the noon intermission, or at sundown;
The delicious singing of the mother—or of the young wife at work—or of the girl sewing or washing—Each singing what belongs to her, and to none else;
The day what belongs to the day—At night, the party of young fellows, robust, friendly,
Singing, with open mouths, their strong melodious songs.

Whitman

Bite Me Ball at CAC Best Costume Winner

The suit is entirely covered by Obama stickers. Great fun at a great event!

Gangs in the Burbs?

Check out this report from WLWT. I am actually not sure what I think about it, so view it for yourself.

Election Predictions Thread

Well, we've certainly talked this election to death. Time to to put up or shut up: what are your predictions for Tuesday? Here are mine (please remember, these are predictions, not endorsements):

National:

• Obama wins, garnering more than 50% of the popular vote and a total of 282 electoral votes. He wins Virginia, New Mexico, Nevada, Iowa, and the Kerry states. McCain takes the remainder of the "battleground" states, including Ohio and Florida.
• The Democrats pick up 5 Senate seats and 15-20 House seats.
• Steve Driehaus beats Steve Chabot.
• Jean Schmidt beats Wulsin and that other guy.

Ohio:

• Cordray wins the AG race.
• Issue 5 (essentially eliminating payday lending) fails.
• Issue 6 (permitting a casino) fails.
• Justices Stratton and O'Connor hold on to their seats on the Supreme Court, probably by 10 or more points each.

Hamilton County:

• Greg Hartmann is elected county commissioner. Todd Portune also wins, although in a very close contest (probably no more than a 4-point victory).
• Bob Goering is re-elected treasurer and Rebecca Groppe is re-elected recorder.
• Martha Good is elected Clerk of Courts.
• Pat Dewine is elected judge. Judge Nelson is re-elected. The race between Judge Luebbers and Judge Mock is too close to call (that race alone may force the counting of provisional ballots).

City of Cincinnati:

• Issue 7 (banning red-light cameras) passes.
• Issue 8 (re-instituting Council elections through proportional representation elections) fails, thanks to late radio spots and direct mail efforts.

What do y'all think?