Civil Discourse Now

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About that First Church of Cannabis case...

Posted by Mark Small on April 5, 2018 at 8:04am 0 Comments

The First Church of Cannabis, and members of the Church, filed a lawsuit in July, 2015, under Indiana’s Religious Freedom Restoration Act, to allow members and congregants to use marijuana as a sacrament. The cause number assigned to the case, pending in Marion Circuit Court, is 49C01-1507-MI-022522. I am the attorney who represents the Plaintiffs. The Office of the Indiana Attorney General represents Defendants who are political entities or officials of the State “State Defendants”). The…

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"Winner takes all" selection of electors violates Indiana's Constitution.

Posted by Mark Small on March 27, 2018 at 6:42am 0 Comments

The Electoral College is a vestige of the “Great Compromise” of the 1787 Constitutional Convention, whereby States were apportioned seats in the House of Representatives based on population, but each State - even the smallest - had two (2) seats in the Senate. States in which slavery was allowed benefitted. “Each person in a State, regardless of her or his status, was counted for purposes of apportionment of seats in the House and electoral voes: “Representatives and direct Taxes shall be…

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How to mitigate "unequal protection" of the Electoral College - Part 1

Posted by Mark Small on March 25, 2018 at 5:30am 0 Comments

  The Framers shaped the Constitution on premises that included distrust of, and the need for protections against, democracy and majority rule. The Electoral College was intended, by the Framers of the Constitution, to act as a deliberative body and protect the nation from a person who was incompetent or corrupt.

The manner by which electoral votes were apportioned to each State was based on the Great Compromise, whereby each State received a number of seats in the House of…

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Constitutional convention = death of this country.

Posted by Mark Small on March 14, 2018 at 6:53am 0 Comments

A constitutional convention - a gathering of delegates to re-write our Constitution - would be a disaster for rights of Americans and of people.

1) No matter what “limits” might be set, once convened, delegates could write whatever they want. Former United States Supreme Court Chief Justice Warren Burger wrote, in 1983: “...there is no effective way to limit or muzzle the actions of a Constitutional Convention. The Convention could make its own rules and set its own agenda. Congress…

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