The self-impressed California Governor, Gavin Newsom, appointed a longtime Maryland inhabitant and resident, Laphonza Butler, to replace the longtime California inhabitant and late Senator Diane Feinstein (D-CA). Although sworn in now, this appointment is remarkable, as it utterly disrespects the Constitution.
In a time when much is made of following the law, and many who make the “much” do not follow it, this is a salutary example of not following the Constitution – and yet, Newsom’s violation has no remedy, as the Founders never imagined it.
To be clear, the governor had power to appoint a replacement for a deceased senator, and was able to pick from any political pool he wished, make whatever statement he wished. She is a black, lesbian, female who calls Maryland home.
But that last bit is the point worth special notice, because picking a non-inhabitant is not what the Founders had in mind; to assure a state was properly represented by an appointee with interests of other inhabitants, they effectively forbade it.
Ratified in 1788, coming into effect in 1789, the Constitution directed state legislatures to pick US Senators, and set forth just three requirements. They needed to be over 30, a US citizen for nine years, and “inhabitant” of the state they were appointed to serve, specifically “when elected.”
The rub is that, using common sense and a bit of legal inference, the Founders would have expected a senator appointed to replace an elected “inhabitant” also to be an “inhabitant” when appointed and sworn in. Laphonza is not.
Quite obviously, this Maryland inhabitant and resident, a distinction without a difference, is not a California inhabitant. She was an advisor to the Harris campaign, more a liability than qualification, but has long lived in Maryland.
This progressive leader of “Emily’s List” was sworn in, and the issue is effectively moot, but the real issue is the attitude that Democrats – of whom Newsom is a leading example as California’s governor – have toward the letter, spirit and intent of the Constitution, and toward rule of law generally.
In short, at the same time a Democrat governor in New Mexico, Michele Grisham, tried to outlaw a citizen’s right to “bear arms,” and while federal and state prosecutors are misinterpreting laws to prosecute and gag a presidential candidate they do not like, we have another governor ignoring the Constitution.
The lesson is short and sweet. You either respect the rule of law, letter, spirit and intent of the Constitution and statue laws, or you do not.
Increasingly, the sense one has – from local, through state, to the federal level – is that respect for the Constitution, and laws generally, is slipping. That alone is reason for concern.
From Biden to Newsom to Grisham, Democrat leaders seem more self-impressed than impressed with the sanctity of laws, a prophetic, troubling fact.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC.
They follow the law when it serves them and ignore it when it doesn’t serve their purpose.
All this to control and brainwash the people.
Next they will appoint foreigners. They get away with this they will get away with anything.
Muslims in the House can put flags in the congressional office building and can spout anti American rhetoric. But Trump cannot question an election. Off to jail with him. Our founding fathers are crying in their graves as to what America has become and we the people allow it.
…and I bet she doesn’t know what a woman is either except as a “birthing unit”.
Excuse me Comrade Zoolander, but a State’s Elected Representatives SHOULD AT LEAST RESIDE WITHIN THE “ELECTED” STATE!
What “Gruesome” Newsom has done should be ILLEGAL but I’m certainly NOT surprised that he would push the limits either. Allow this and they’ll be attempting to replace a “sitting” elected representative.
The United States Constitution is one of the best written documents ever conceived by man, it is hard to believe that anyone who truly Loves the country they live in would want to violate od destroy it. I watch the way the left leaning News and members of the Demonrat Party, do everything within their power to destroy it, from destroying free Speech and Freedom of the Press and our Christian God to violating the very Amendment that ensures that we remain a free people, the 2nd Amendment.
What’s truly amazing is that we as Americans actually vote these morons in to office and when they show their true colors and their hatred for America, we send them back to do more damage.
My parents taught me to protect the Constitution and our Freedoms, for if we lose these freedoms there is no place to go that we can be as free.
When we lose our freedom, and at the rate we are going we surely will, it will be a long hard fight to restore America to its once greatness.
Pray for America and our freedoms!
LAWS MEAN NOTHING TO THE CANCEROUS, ANTI-AMERICAN, CHEATING, LYING, libs, they ARE THE ENEMY OF OUR NATION
For well more than a century, the Left has been shredding our Constitution, one little piece at a time. The Left never lets such trivialities as laws, rules, and regulations trouble them – unless, of course, they can use those laws, rules, and regulations against their opponents/enemies. For at least three or four decades now, the Democrats have shown nothing but utter contempt for our Constitution, and these days they don’t even try to hide it.
Newscum is good at the ‘what is a rule for you is not for me’. Was that way in the covid shutdown and a lot of other times. Wake up people…..Let’s vote this POS out of office and don’t let him cheat this time to stay. He is an embarrassment to this state that people used to love living in.
Frauds, every last one of them.
Democrats think that the Constitution is a “Living” document even though the intent of the founders was to allow changes via amendments. Thus they disregard this document UNLESS it is to their favor!
Everyone knows Demoncraps don’t follow the Constitution and don’t care about the founding fathers (or chestfeeders as the Demoncraps like to call their men)…they are a party of hate, control, debauchery and the hatred of our beloved country…Newsom is a turd and a cancer to society…
Governor Newsome (D – Calif.) along with a shocking cohort of other Democratic governors, have completely gone off the rails in recent years in regards to their sworn oaths of office to “Protect and defend the Constitution against all enemies, foreign and domestic.”
Why have their citizens NOT taken them to court for such behavior? Californians did try to recall Gov. Newsome, but failed to get enough votes. Why are we the people not sufficiently outraged to oust these traitors from office?
US Senator Chuck Schumer publicly and repeatedly encouraged people to harass and picket the SCOTUS justices who voted to overturn Roe v Wade last year. That alone is a violation of federal law. Why was he not charged?
Apparently, the laws and Constitution no longer apply to Democrats.
Democrat = CRIMINALS. Just look who’s in the White House.
Neither Hillary Clinton nor Bobby Kennedy, Sr. were NY residents but it didn’t stop them. Carpetbaggers abound!
I am amazed that most of these writers don’t understand that the Deemocrat party is no more. It has been usurped by the Communists. The Communists will lie, cheat, steal and murder if necessary to get their way. A service to the nation would be someone saying everyday, loud and clear, “we are fighting Communists, there is no Democrat party”.
Troubling for sure. Traitorous also. Who do they think they are? I don’t know what to call Newsom and the others except self serving and unamerican. Maybe they should go elsewhere.
When laws are made optional you have chaos, take a look around our country and the world and it’s becoming more and more prevalent every day. IMO
The Progressive Socio Fascist in general have no regard for the rule of law. Even as i see people walking their dog without a leash, I can guess who they vote for. Democrat is the the party of chaos and anarchy.
There has not been any respect for law for some time now and the disregard for it has been encouraged by those who should be stressing the enforcement of it They still are at their posts
I QUESTION that if Newsom appointed a non-resident Californian to replace a Senator voted TO SERVE in the California election, why isn’t that appointee REJECTED by the Senate as not being legally able to serve?
What is going on with our Senators in that instance WOULD they allow a person who is not a legal citizen of the U.S. A. to serve if appointed by a Governor?
Perhaps all of our elected Legislative and Executive personnel need to have a refresher course on the Constitution.
Newsom has never had any respect for the laws. If he doesn’t agree with the law he will not follow it. For example, in 2008 the voters in California passed proposition 8 which forbade same sex marriage (this was a time when the people of California were reasonable). Newsom, mayor of San Francisco, did not agree with the law. He, therefore, was seen on the steps of city hall officiating a same sex marriage. More recently, during the pandemic, he was at a famous restaurant with family and friends in violation of the lockdown rules he imposed. He is itching to be president of the United States. As president he will take an oath to preserve, protect, and defend the Constitution of the United States. I don’t think he will uphold that pledge especially the 2nd Amendment
California ought to just recede from the Country and become Northern Mexico. We can cut our losses. If their politicians can’t or won’t abide by the Constitution than just cut them loose. Let Mexico subsidize them rather than the US taxpayer.
What else can one expect of this idiot from California? What is more disconcerting is that the stupid and/or ignorant citizens of Californicate elected this lowlife and continue to support him!! Excellent thought provoking article, RBC.
demonrats ignore the law, but will use every arm of government to twist and warp any law/regulation to attack and destroy their political enemies. Our government and media are controlled by demonrats, and use that control to destroy our country.
Vigilante Time right nationwide??
The state of this country and the attitude of those on the left just sickens me!
biden and his ilk, obama and his ilk have created all this mess! they will surely go to hell!
Mobs Ropes Trees works as well as ever.
California gets what they deserve. If they care about this they’ll line up at Newsom’s door and voice their opinions one at a time and protest outside their capitol. They won’t.
I certainly hope she will not be voted for a new term…..whoops she’s in California ….what’s wrong, no what’s right with the majority of those people
We must remember this should Gruesome run for POTUS. While he may use the abiguity of ‘when ELECTED’ to excuse his appointment of the out of state person as CA Senator we must not allow that excuse to be accepted.
IMO Gruesome is telling the nation he has no respect for the US Constitution,
The Supreme Court is supposed to be a check on the Legislative and Executive branches of the federal government. So where are they? The people can see that Donald Trump is being denied his rights of due process of law as given him and all citizens, as written in the fourteenth Ammendment of the constitution, therefore making the president a tyrant and not a President who honors his Oath of office.
Turns out the guy causing all the labor unrest is in the top 5% of pay in the country??
Wonder if the union Brothers getting $500 a week recognize he’s quite wealthy??
It’s no respect for anything that’s decent and the correct way for a society to exist.
The ridiculous threatening manner which people employ to get their way like spoiled children exhibits disrespect for authority,elders and decency.
This clown fain with the uaw is the most recent joker looking to make a name with insulting language and demands for companies who have provided good livings for thousands over many years. Nowhere thinks he can slander them and make demands whether they are fair or not!
Who does he think he is?
He still collects his exorbitant salary while pickets get $500 a week!
Total disregard for the companies and workers, he cares only about himself!
This is a result of election Fraud it’s to obvious when California was so close to getting him ousted this had to be fraud! Everyday this evil man is doing something to totally destroy this state (Pelosi evil bloodline) They have no respect for the law! I detest what they have done to this beautiful state!
Probably there are not enough leftist lesbian lawyers in California, so N had to choose one from Maryland. /irony off
Seems to be a lot of sophomoric basement dwellers on here recently………………
Question how many of our elected have a signed Oath of Office.
We all need to be more involved.
Citizen Grand Juries?
The thing is, they continue to push the envelope because they are not challenged and stopped. As long as we shrug and say “oh, well…” they will continue to push and stretch and circumvent until we finally say ENOUGH IS ENOUGH! and stop letting them get away with all this crap!
Accurate, but disturbing, article. The Bible expressly points out that the end of the age will be characterized by lawlessness, hate, and deception, among numerous other attributes that perfectly describe the culture in which we are living. Thank you so much for your attention to using the word “Democrat” rather than “Democratic.” There is nothing about the Democrat Party today that is democratic.
Unfortunately this trend is spreading across our nation. These socialist morons need to be rounded up and shipped to Iran. Let them stir the pot there and see what happens.
Totally disagree. If the appointment was unconstitutional, then the swearing in is moote. Action should be taken by the Republicans and fair-minded independents.
I look at this example of disregard of the law as an act of insurrection aka Treason which is what Newsom should be arrested and tried for. His conviction would remove him from politics of any kind forever.
Were I to be seeking a job (I’m long retired), I would “identify” as a black lesbian, which should be all the qualification I need for any position. Just because I appear to be a white male (who likes women), shouldn’t keep me from going to the front of the line.
Newsom did it to downplay the widely-circulated pic of him painting his face with blak-face paint some time back to display his contempt and disdain for blak people.
I read that the appointed senator owned a home in California and would be moving. The constitution covers elected senators, but does that apply to appointed senators? BTW, I am a very conservative voter.
You are no funny today
Obviously, this paper is a strongly leaning Republican paper as is its readership. I am a lifelong Republican pushing 90 years old. I don’t accept the view presented by the paper and readership comments that the Democrats are the great problem in our country and want to destroy it and its constitution. All people, regardless of political preference, are subject to breaking the law. I am not happy with the current administration, and I am not happy with the Republican leadership in congress. Republicans have broken the law too as in the case of Donald Trump and many of his following. Yes, he hasn’t been convicted yet for any of the many felonies that he has been charged with, but the old saying may apply, “Where there is smoke there is fire.”