Rotary Minute

The regularly scheduled Thursday meeting of the San Saba Rotary met October 19th at Pepperbelly's, Marcus Wood presiding. Ten members were present.

Tom Griess, a Rotary member and retired State of Texas Assistant Attorney General, spoke to the group on the U.S. Constitution. Tom and his wife, Beth, retired to the family ranch in 2012 near the Colorado River where they have horses, goats, chickens, and a very much in demand Air B&B cabin!

Tom, cited The Pocket Guide to the U.S. Constitution: What EveryAmerican Should Know by Andrew B. Arnold. Excerpts of Tom’s handout are quoted below: “…Some of the Reasons We Need to Pay Attention to the U. S. Constitution…Can Congress do what ever it wants?… it has the Power to lay and collect taxes… to pay debts and provide for the general welfare…to regulate Commerce Commerce…” For example! “ Would the Supreme Court (SC) uphold under the commerce clause federal legislation regulating abortion?”

Can the President act like a King or Emperor? The SC found President Truman lacked statutory authority when he used his executive authority to seize private steel mills (Youngstown Sheet and Tube Co. Vs. Sawyer, 1952). Obama Care was upheld because Congress action was considered as right of taxation! “

“Should substantive due process be overruled by the SC? The 14th Amendment, Sec. 1, states ‘nor shall any State deprive any person of life, liberty, or property, without due process.’Justice Thomas argues that “process” is the key concern in ‘due process.’

“Is a prefatory clause limiting or not?” 2nd Amendment: (Prefatory statement) ‘A regulated Militia, being necessary to the security of a free state, (Operative clause) ‘the right of the people to keep and bear arms, shall not be infringed. The SC minority justices argued that the second part only applied to militia members but SC majority ruled that the amendment grants an individual the right to bear arms independent of membership in a militia.”

“what if Congress had the political will to eliminate partisan gerrymandered Congressional districts?” The Constitutional provision….shall be prescribed in each State… “What if Congress was willing to address partisan gerrymandered districts with its authority under sec. 1.4.1?”