BY ROD MILLER
When fellow Truth to Power writer Richard Johnson asked me to contribute to this blog, he told me a more conservative voice was needed to balance things out.
“Cool”, I said. And then I read back through every article, expecting to see a lot of bomb-throwing, Trotskyite, Bolshevik drivel that needed a counterpoint.
Come to find out, nothing of the sort was contained herein. If forced to characterize
what I read, I would say the content is libertarian, centrist, pragmatist and populist. I was deeply disappointed, hoping to be able to pen a bunch of knuckle-dragging, mouth-breathing reactionary screeds. Oh well…
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| Wyoming's Constitution is clear: ALL are created equal |
If this blog’s readership hankers for good, conservative dogma, then I’ll suggest they read Barry Goldwater, Bill Buckley or George Will. I’d only be parroting them anyhow.
But I will pick out one of the conservative principles common to all good thinkers on the right and use it to address recent calls for anti-discrimination legislation in the Equality State.
The cornerstone principle of conservative thought that I’ll use is the zeal for and strict adherence to constitutions, both state and national, as the supreme governing documents of our body politic. Nobody can wave a constitution around and proclaim, “This is how the cow eats cabbage. Take it literally,” like a conservative. Count me among ’em.
With our populace as polarized as it is today, segmented into groups that are tussling over the rights of citizens and arguing over who gets what and at whose expense, it's little wonder that there are cries for legislation to protect the rights of discrete groups of common interest. Or that there are counter-arguments claiming that granting one group special rights diminishes the rights of the other groups.
If the Framers of Wyoming’s Constitution could hear this din, I’m sure those old, dead white guys would have a conniption fit. If they could call out to us from their graves, I’m sure they’d say, “Read the damned thing. READ it!” So, in deference to them, here are the first three sections of Article I of the Constitution of the State of Wyoming….
Sec. 1. Power inherent in the people. All power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper.
Sec. 2. Equality of all. In their inherent right to life, liberty and the pursuit of happiness, all members of the human race are equal.
Sec. 3. Equal political rights. Since equality in the enjoyment of natural and civil rights is only made sure through political equality, the laws of this state affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstance or condition whatsoever other than individual incompetency, or unworthiness duly ascertained by a court of competent jurisdiction.
A couple of things jump out at me from this.
First, the Wyoming Constitution has some important differences in the language in Sec. 2, which was obviously borrowed from the Declaration of Independence, than does the original document. Where the Declaration states, “all men are created equal,” our Constitution states, “all members of the human race are equal.”
This language is gender-free and immediate. We were not just created equal sometime in the past and at risk of losing that equality. We are equal now!
Second, our rights as citizens in Wyoming are unequivocal, unconditional and absolute unless a court decides, on an individual basis, that a person is incompetent or unworthy. Absent that judicial determination, citizens of Wyoming live under one of the most humanistic and egalitarian constitutions on the planet. We should behave accordingly.
If, in 21st century Wyoming, an individual or a group believes their civil rights are being violated, they need only point to the state Constitution. Or if they want to violate the rights of others, the Wyoming Constitution should be enough to prevent that from happening. Read it.
But if there is a groundswell of opinion that the state needs to codify what the Constitution says into our criminal or civil codes, I have no problem with that.
In that case, there is no need for fancy lawyer talk (here’s my modest proposal: Just cut and paste the three sections above and call it good). The law should simply state that anyone found guilty in a court of law of violating another citizen’s constitutionally granted rights is subject to a fine of X dollars and a term of Y years in state prison.
I don’t think the fines nor sentences should be light, either, since violating our Constitution is not misdemeanor, slap-on-the-wrist stuff.
And if prosecutors are at all reluctant to prosecute violations of our Constitution, they should be tarred and feathered and run out of Wyoming on splintery rails.
I think Barry Goldwater would agree with me: Constitutions have real legal weight, and those who violate them should be severely punished.
This is foundational conservative stuff. Here endeth the lesson.
Rod Miller is a citizen, father and grandfather and a proud former Rawlins Outlaw living in Cheyenne.
But that is not good enough. They want a law written specifically for their complaint. Even though it is in black and white and clearly stated in our first three sections of Article I of the Constitution of the State of Wyoming…. Any problem with rights then becomes a legal problem to be sorted out in the courts....
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