Tyranny in the State House (February 23, 2009)

America was founded upon the principle of no longer living under the tyranny of the King of England. For this reason our founders went to great lengths to ensure that as Americans we would not be subject to tyranny in our government.

Madison wrote in Federalist No. 58, “In all legislative assemblies the greater the number composing them may be, the fewer will be the men who will in fact direct their proceedings.”  Madison later stated in a speech at the Virginia State Convention of 1829 that, “The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse.” (Madison 65, IV, page 51)

This past Thursday the Democrat leadership of the Maryland legislature sought to silence the voice of the minority (the Republicans) by ruling a floor amendment invalid. House Bill 45 entitled "Tattooing, Branding, and Body Piercing - Parental Consent" was introduced to require parental consent for minors. The bill was on the floor when a Republican offered an amendment that stated NOTWITHSTANDING ANY OTHER PROVISION OF LAW, … AN INDIVIDUAL MAY NOT PERFORM AN INVASIVE MEDICAL OR SURGICAL PROCEDURE ON A MINOR UNLESS THE INDIVIDUAL OBTAINS, … THE PRIOR WRITTEN INFORMED CONSENT OF THE MINOR’S PARENT OR LEGAL GUARDIAN.

As you can see, this amendment was intended to protect all children from all invasive surgeries and would have rightly included parental consent for abortions. Logically, if we were requiring consent for tattoos shouldn’t we also include consent for abortions?

It was ruled by the democrat (majority Party) parliamentarian (Delegate Dumas) that the amendment changed the purpose of the bill. She ruled that it could not be voted on, irrespective of the fact that the office of the Maryland Attorney General wrote a letter indicating that the amendment was constitutionally supported.

I attempted nine times to be recognized to argue a point that had not yet been discussed as I exclaimed, “Madam Speaker, Madam Pro Tem, Madam Chair, Madam Speaker, Madam Pro Tem, Madam Speaker, Madam Speaker, Madam Speaker, Madam Speaker," only to be entirely ignored.

After a 45-minute floor fight between Democrats and Republicans, the Republicans lost, but not without first delivering a tremendous reprimand addressing the tyranny of the majority.

I was sent to Annapolis to vote on tough issues. These include abortion, illegal immigration, gun rights, homosexuality, marriage, and many other politically sensitive issues. It seems that the majority (the Democrats) are not willing to vote on any legislation that has anything to do with politically sensitive issues. As for me, I was sent to Annapolis to represent the citizens of my district. I find it quite disheartening to serve in a legislature where the members are unwilling to vote on tough issues. In many cases those issues are the very issues that our constituents care most about.

To prove my point, several years ago, it took the O’Reiley Factor to move Democrat Chairman Vallerio to pass Jessica’s law when so many Marylanders supported a 25-year minimum sentence for convicted child sex offenders. Up until the chairman was featured nationally as “Villain Vallerio” the House of Delegates refused to vote on the issue.

It’s also hard to believe that instead of simply voting on slots legislation six years ago, the legislature insisted last year on allowing the voters to pass a Constitutional amendment to allow slots. Now we are constitutionally bound to facilitate slots gambling in Maryland. I am incredibly concerned that the legislature would allow a constitutional amendment for slots but has refused for over seven years to allow you the citizen to vote on a Constitutional marriage amendment that intends to keep marriages in Maryland between one man and one woman.

Many have gone before us who have bled and died for the freedoms we have enjoyed only for many to simply take those freedoms for granite. Our founders under the Declaration of Independence revealed that the right to life, liberty, and property were paramount to an American view of law and government.

Sadly, our founders' view is no longer visible much less valuable to those who represent us. Lord Chatham once wrote, “Unlimited power corrupts the possessor; and this I know, that, where law ends, there tyranny begins.” Not to be outdone by Thomas Jefferson who stated, “Resistance to tyrants is obedience to God.”

Constitutionally yours,