By AlaskaWatchman.com

Jim Minnery has just penned an essay saying that it is time for David Eastman to be retired … because he is too much of a constitutionalist. He claims that Eastman’s votes are counter-productive. Why? Because (and Minnery agrees with him!) there is absolutely no need for a constitutional amendment because there is NOTHING in the state constitution wherein the right to abortion can be found, unless people rely on the “tea-leaves” and palm readings of the supreme court.

Actually, it is Jim Minnery and the Alaska Family Council that need to be retired, or at least re-tooled.

When I ran against Ted Stevens in 2008, I also failed to get the AFC endorsement, even though, unlike Minnery, I have been arrested five times for organizing or participating in the blockade of abortion clinics.

He was so terribly concerned about keeping Ted Stevens’ supposedly more moderate vote in the US Senate, he would not allow me to explain to the AFC the constitutional reasoning as to why neither a federal nor state amendment is necessary to protect the unborn. He admitted to me, months later, that he intentionally refused to return my calls. This is the man that so many Christians put their trust and judgment in.

Minnery falls into the trap that liberals love: the belief that once the supreme court makes a decision, it must be followed. As long as he uses that logic, the liberals will continue to use him, and not David Eastman, to keep the status quo.

Now hear this, fellow prolife Christians. We do not have “three co-equal branches of government.” The legislature is supreme, and the constitutional tools are already in place to thwart the judiciary. Are you ready?

— The governor need not enforce the decisions of the court. In Article 3, Sec. 16 we read: He may, by appropriate court action or proceeding brought in the name of the State, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty, or right by any officer, department, or agency of the State or any of its political subdivisions. This authority shall not be construed to authorize any action or proceeding against the legislature. Notice it does not give an exception for the judiciary, only the legislative, demonstrating that the three branches are not equal. And it also assumes that the courts might very well be the ones who “violate a constitutional power.”

— The legislature has the power, in Article 4, Sec. 1, to keep the courts out of “judicial review.” It says, “The jurisdiction of the courts shall be prescribed by law.” All they need to do, when passing a prolife law, is to add, “This statute shall not be reviewable by the judiciary.” And even if a court ruling is exercised, is merely an opinion, not a law. The governor is the final filter with his enforcement powers. In a properly functioning system, he would most likely follow the court’s advice in most matters, for he is not a judge. But his oath does not call him to defend the court rulings, but to defend the constitution. It’s a big difference.

— Lastly, there is impeachment. Let me count the ways that the supreme court has overthrown the state constitution. Dunleavy is too sluggish to figure this out, and Minnery himself does not understand constitutions properly. In 1997’s Valley Hospital case, the courts overthrew the people’s and the legislature’s power to amend the constitution; in the Sen-Tan case in the late 90s, it seized the power of the right to privacy being defined by the legislature. Then in a follow up, seized the power of the purse by ordering state funding of abortion. Then, more recently, it overthrew the governor’s line-item veto power, when he docked the court’s administrative budget the exact amount that the state had been paying for abortion. And they don’t stop at abortion, either: they just seized the control of Grand Juries from the people.

Imagine if Minnery had used his influence to explain all this to his Christian supporters! By this time, we might have had enough sincere pro-lifers and conservatives come over to Eastman’s side and begin educating the public. What you think the constitution says, and what it actually says, are two different things. Maybe this election cycle will drive home the point.

Instead, he has found nit-picky ways to always put down his rival in prolife fund-raising, Alaska Right to Life, and now doesn’t like Eastman – even though he agrees that Eastman’s line of thinking is correct!
If you want to know why the status quo on abortion and all other freedom issues continues the way it does, look no further to the constitutional ignorance of the Alaska Family Council. If they are not “controlled opposition,” they sure are filling the bill.

The views expressed here are those of the author.

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BOB BIRD: By opposing Rep. Eastman, Minnery has fallen into liberal trap

Bob Bird
Bob Bird ran for U.S. Senate in 1990 and 2008. He is a past president of Alaska Right to Life, a 47-year Alaska resident and a retired public school teacher. He has a passion for studying and teaching Alaska and U.S. constitutional history. He lives on the Kenai Peninsula and is currently a daily radio talk-show host for The Talk of the Kenai, on KSRM 920 AM from 3-5 pm and heard online radiokenai.com.


11 Comments

  • Diana says:

    Minnery is the one that needs to retire.

  • Neil DeWitt says:

    O say David Eastman is tge best thing that has ever happened to tge valley. It’s to bad he doesn’t want to step up to congressman Eastman or at least governor.

  • Davesmaxwell says:

    minnery please respond now to the horrific treatment Mike dunleavy did to your guest Chloe Cole! Smiling in the camera, hugging this abused young lady, while knowing that his own dhhs spends our money to severely disfigure and mutilate our very own young people in Alaska!
    MINNERY IS DISINGENUOUS AT MINIMUM, A DEMON AT WORST!

  • David says:

    Another great article. Please keep this type of information flowing. Great info. We need a constitutional convention here.

  • Kathy L. says:

    It’s really sad this is happening when we need strong un-compromising men like Eastman. United we stand, divided we fall. There could not be a worse time for conservatives to bite and claw each other.

  • Davesmaxwell says:

    United with what? Gideon got rid of the chicken’s and the lap dogs! He was victorious because he was focused on the main objective, no compromise!

  • Kovalchuk says:

    Eastman has aspergers. There, I said it. He needs to get help, not get reelected.

  • Jan DeLand says:

    Thank you Bob for giving a necessary and correct analysis of this situation. As a volunteer in this field for more than 5 decades, I recognize your wisdom.

  • Alaskan Mom says:

    I agree, it seems Alaska Family Council has become a little more than a grandstand. Supporting actions that allow law makers to vote on “prolife” legislation that won’t/can’t change anything, but earn them the endorsement. Everyone patting each other on the back, standing for photos, and feeling very very good about themselves in the process. I could be mistaken about this part, but it seems AFC exists primarily to raise money that primarily supports an organization whose primary function is to fundraise, and whose primary expenses are administrative, while useless legislators keep their seats and donors feel they have really done something to help the world…the never ending circle makes me dizzy.
    I cant see that it will stop any time soon, for it seems there’s still money to made on children and babies in danger 🙁
    I was an original supporter of AFC, and for a time I was very excited about impact that could be made if clear thinking people stood together for truth. I am not excited now.

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