All of us relish giving unsolicited advice to our elected representatives. Some of us do it with a cup of coffee in our hand as we read the day’s headlines. Others offer it with a ballot on Election Day. Still others offer advice on the pages of this newspaper.
Here is my advice to members of the Indiana General Assembly, and it is simple: Please remember your oath of office.
The Indiana Constitution requires every elected official to take an oath “to support the Constitution of this State, and of the United States.”
That oath applies to every law that a member of the General Assembly proposes, debates and votes upon.
The U.S. Constitution is a document of genius. The U.S. Constitution has guided us to be a nation of liberty and prosperity. All the more reason that our elected officials heed its words. Granted, some of those words can be a bit unclear. But the United States Supreme Court interprets and clarifies ambiguities. That is the role of the courts in America’s system of checks and balances. The ACLU of Indiana can help, too. In fact, holding government accountable to the ideals of the Constitution is the only thing we do.
So, it is not all right to draft and submit a bill that you know to be unconstitutional. It is a violation of your oath of office. The U.S. Supreme Court has been quite clear, for example, that public schools may not direct that the school day begin with the Lord’s Prayer. Legislators can do many things to foster and encourage a peaceful and prosperous society without violating the Constitution. Our laws may not prefer one religion over another, or discriminate against our neighbors, or infringe on our freedom of expression or deprive us of our right to fair and due process.
What can legislators do within the confines of the Constitution to prevent, for example, acts of violence such as the tragedy in Newtown? State Sen. Mike Delph (R-Carmel) offered a suggestion on his website. “Our country must do more to address the topic of mental illness. … Could similar instances be prevented if we take the right steps to ensuring those with mental health issues have the support and resources they need?” The ACLU of Indiana couldn’t agree more with Sen. Delph in this instance.
The ACLU of Indiana began this new year winning a case on behalf of mentally ill prisoners in the custody of the Indiana Department of Corrections. The U.S. District Court found that the isolation and lack of treatment of mentally ill prisoners violated the Eighth Amendment prohibition of cruel and unusual punishment. Further, these prisoners will be released someday into our communities. Better for them — and us — if we improve their mental health.
So, ladies and gentlemen of the General Assembly, keep the U.S. and Indiana Constitutions before you. Your oath to support the Constitution applies to the laws you draft and pass and to the resources you appropriate and allocate. Voters are watching. The ACLU of Indiana is watching, too. We stand ready, as stewards of constitutional rights and responsibilities, to offer advice and, when necessary, to fight for those rights on behalf of all Hoosiers.
— Jane Henegar
Executive Director
American Civil Liberties Union of Indiana
Indianapolis
Flashpoint
FLASHPOINT: We ask state legislators to abide by their oath of office
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FLASHPOINT: A legislative session of missed opportunities
Given the nature of politicians, grand claims of accomplishments and overblown rhetoric about “historic” efforts are to be expected at the close of any legislative session.
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FLASHPOINT: Again in 2013 General Assembly, middle class generally ignored
Last year, the people of Indiana entrusted the Republican Party with some of their most precious possessions.
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FLASHPOINT: Indiana lawmakers reinforced school safety mechanisms
Nothing is more important to me than the safety of my children. Every parent has felt that instant, apprehensive rush when their child plays too close to the street or falls down while playing soccer and it is our responsibility as parents to implement every safety mechanism we can muster to protect our kids.
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FLASHPOINT: Lessons from the legacy media — get it right, first
Enough mistakes and maybe we’ll learn: When in doubt, leave it out.
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FLASHPOINT: Hoosiers got steady hand in recent session
As the General Assembly began its work last November, as Speaker of the House, I pledged a renewed spirit of bipartisanship with legislators working together to solve our state’s most pressing challenges. As this year’s legislative session concludes, representatives from throughout the state — Republican and Democrat — have joined together to address those issues at the forefront of Hoosier minds: maintaining our state’s fiscal integrity, spurring job creation and expanding education opportunities for every Hoosier family.
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FLASHPOINT: Time has arrived for overhaul of TV news
Former FCC Chairman Alfred Sikes gave an address in 1992 in which he claimed television news was too superficial and too focused on visuals.
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FLASHPOINT: Fiscal cliff, Obamacare have already raised taxes enough
Our history is rich with stories of people who have immigrated to the United States for a chance at the American Dream. The American Dream, in its truest form, is the opportunity to achieve success by working hard and playing by the rules; to make it on your own and to say, “I earned this.”
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FLASHPOINT: Expanding Medicaid coverage makes sense for Indiana
Since last summer’s U.S. Supreme Court’s ruling on the Affordable Care Act effectively gave states the option to expand Medicaid, policymakers across the country have debated if and how to extend health programs to millions of uninsured Americans.
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FLASHPOINT: Improve public education, stop experimenting with it
In January, the four of us who serve as the Democrats on the House Education Committee outlined our hopes for the 2013 session of the Indiana General Assembly, particularly in joining with Superintendent of Public Instruction Glenda Ritz to offer common sense solutions to improve the quality of education for our children. With the halfway point of this session past us, we remain optimistic that positive steps can be taken … but that optimism is tempered by the reality that education policies are being directed by a legislative majority that has a radically different agenda.
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Healthcare law anniversary no reason for celebration
March 23 marked three years since the Patient Protection and Affordable Care Act was signed into law, yet this is not an anniversary that deserves celebration.
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FLASHPOINT: Defending state’s authority is attorney general’s obligation
The law of the land recognizes the authority of states to license marriage.
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FLASHPOINT: Stability key for state’s future
Hoosiers have the unique luxury of being the fiscal envy of the nation due to the sound fiscal policies of the last eight years.
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FLASHPOINT: House budget offers Medicaid solution for Indiana
This week, my U.S. House Budget Committee colleagues and I introduced a federal budget resolution for fiscal year 2014. Our budget is a responsible plan that stops spending money and balances in 10 years — largely through making key reforms to drivers of our debt like Medicare, Medicaid and Social Security.
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FLASHPOINT: Problem gambling in Indiana: A new understanding of community concern
The week of March 3 was designated as National Problem Gambling Awareness Week.
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FLASHPOINT: Eastern time in Indiana defies common sense
Nobody complains more than Hoosiers about changing their clocks. And there’s a valid reason — daylight-savings time in Indiana’s Eastern Time Zone is painful.
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Praying for civil resolution to debate over gun control
Guns are lively ammunition for passionate debate these days.
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FLASHPOINT: It’s not too late to expand health services
This week, state leaders euthanized the biggest, boldest Hoosier jobs proposal of the 2013 session of the Indiana General Assembly.
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FLASHPOINT: You can’t go back again — and that’s OK
Our progressive colleagues have been telling us for years that the 1950s were a horrid time.
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FLASHPOINT: The fierce urgency of now — nation needs to protect youth
The alcohol-fueled alleged serial rape of a 16-year-old Ohio girl by two of her similarly impaired classmates — not to mention the drunken videotaped commentary of others — points yet again to the imperative that adult America renews its commitment to address as a true national community those issues that most threaten the health, safety and forward development of youth.
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FLASHPOINT: A pastor speaks out against Sullivan’s ‘traditional prom’
I am a pastor in Sullivan, Ind., and I am outraged.
Recently, two young students applied to walk the Grand March together in the school prom in Sullivan. -
FLASHPOINT: 0wning firearms is a First Amendment exercise, too
Following the hysteria generated by gun prohibitionists in the wake of the Sandy Hook tragedy, a nationwide rush on gun stores began as citizens bought semiautomatic modern sporting rifles, handguns and ammunition, in effect “making a political statement” about proposals to ban such firearms.
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FLASHPOINT: Maintaining the priority
Recently a newspaper article has been written about a change in the by-laws of the Indiana High School Athletic Association which speaks directly to attempted undue influence exerted upon students below the level of grade nine and their parents.
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FLASHPOINT: The fairness of marriage
What is the current Indiana law concerning marriage? Our state defines marriage in a singular way — between a man and a woman.
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FLASHPOINT: We ask state legislators to abide by their oath of office
All of us relish giving unsolicited advice to our elected representatives.
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FLASHPOINT: Mentoring is having major impact on public education
While managing local utility services, Mike Martin found a new way to energize his community, and students are starting to benefit.
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FLASHPOINT: Common Core standards should be common sense
Years ago, when state officials and education experts came together to create new model standards for schools, they probably never expected it to be controversial.
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FLASHPOINT: Milestone year for Rose-Hulman
The Rose-Hulman campus traditionally quiets down this time of year, yet for me I sense a renewed energy from the phenomenal year just closing.
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FLASHPOINT: ISU’s reasoning flawed in flight school planning
ISU and the taxpayers of Indiana and Vigo County are being led down a path of deception once again.
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FLASHPOINT: Incessant attacks on Christianity by the ACLU
It is obviously apparent that the American Civil Liberties Union (ACLU) is continuing its onslaught against religious freedom in the United States.
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FLASHPOINT: Americans deserve more value for their tax dollars
While traveling the 8th District and listening to fellow Hoosiers during my first term in Congress, I have reached the conclusion that many constituents do not believe they are getting value for the tax dollars that come out of their paychecks and are sent to Washington, D.C.
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FLASHPOINT: A legislative session of missed opportunities
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