SOUTH DAKOTA STRAIGHT TALK

Our orderly society depends on our obeying laws and following rules. In a free society people obey voluntarily because there is the expectation of enforcement. The United States is the freest of nations because the People grant power to the government and we freely elect those who make and administer our laws.

We expect that laws and rules will be administered and enforced blindly and equality without regard as to the Who. Lady Justice wears a blindfold.

This week there were two news stories that highlight the importance of following the rules.

First was the announcement by South Dakota Secretary of State Chris Nelson that the petitions to overturn the recently enacted smoking ban lacked the required number of signatures to refer the law banning smoking in public places to a public vote. Second was President Obama interjecting himself into the police response to a break in at the home of a noted Harvard lecturer, Henry Louis Gates, Jr.

The Petitions – Chris Nelson followed the letter of the law that is his job. It is not his job to take it upon himself to decide that some signatures are valid because of what the smoking ban opponents are characterizing as an inadvertent mistake. That is the job of a Judge and apparently that is where this dispute is going. I too have been involved (though not always as a direct participant – just as an interested party (no pun intended) with the Chris Nelson over petition dispute. You can always expect him to consistently follow the rules.

Several declarations of candidacy petitions Chris disallowed because of misdating of by notaries. Chris and I did battle in Court several times though but not over dating. While I was unhappy about dating, rules are rules, everyone knew them in advance and they should have to play by them not cry when they were on the losing end. The Lindell Howard petition comes to mind where the wrong form was used. “My” candidate used an outdated petition form, all be it one he was given by the errant Davison County Auditor. The Circuit Judge agreed with us that use of the incorrect form was the fault of the State and should not prevent ballot access by the candidate.

One of the most memorable petition failures and Secretary of State rejection was Senator Tom Dempster’s failed petition to get on the ballot as a Republican in the 2008 election. Circulators and petitioners on several of his petitions failed to insert the word Republican. Dempster subsequently refilled as an Independent. There was a lot of hullabaloo about that. Dempster subsequently refiled and was elected as an Independent. He was elected, caucuses with the GOP and serves as the Assistant Senate Majority Leader.

Smoking proponents are planning to appeal Nelsons rejection of their petitions saying that the dating issue is inadvertent. Certainly Nelson followed the rules and the law. What a Judge does we will see. While in this case it may seem “inadvertent”, in what other instances is the “date” important? Should the law be applied blindly and consistently?

The Pro Smokers I don’t think are as concerned about the sanctity of the law. As I pointed out previously the Pro Smokers are buying time by delaying implementation of the ban.

The Gates Affair – This story too is about unbiased execution of the law. The facts as we know them and even with all the coverage and editorializing about this does not seem to be much disagreement are. A break in to Professor Gates home was reported and the Cambridge Police responded. They found that the door was indeed broken into. When they entered the house, they found a man who claimed to be the homes resident.

Following Police procedure they ordered the man outside. The man protested and refused. When he was removed out of the home he was asked to provide identification and he at first refused. There are differing reports about this but apparently the man to some degree was belligerent in his refusal to reply.

Lawful and well established police procedure is that during break ins all persons are to be removed from the premises. The law prescribes that lawful orders from law enforcement are followed. When a cop tells you to get out of the car, stop or in this case come outside, you must obey. You can argue or even litigate later but this is how order is maintained.

It makes no difference who the subjects are, everyone must be treated equally. Like the smoking petition the law must be applied blindly and consistently. People must obey the law not just when they agree with them. In our Democracy if you don’t like the law we have the ability to change them.

Obama / Gates sidebar – The President “acted stupidly” politically stupidly when in his Presser Wednesday night, said he did not know the facts but maintained that the Cambridge Police “acted stupidly” in their handling of the Gates incident. Then the President acting more like a community organizer than the President went into a colloquy on racial profiling.

President Obama has hurt himself politically by remarking on the incident besides indicating he was unaware of the facts. First he instantly put racism and racial politics back on the national stage. His election has done to erase race as a timely political issue.

The President otherwise created a firestorm that removed attention from his legislative blitzkrieg to overhaul and nationalize healthcare. The President also handed the law and order issue back to the GOP.

The venue and the player’s make this drama unique. Gates is a prominent Black American. Cambridge Police Sergeant James Crowley is an exemplary officer who in fact teaches other officers sensitivity training and the don’ts of racial profiling. The residence in question is in Cambridge, Massachusetts, within spitting distance of Harvard Yard not Jenna, Louisiana. The drama will continue to play out.