Senator Kyl’s Response to Grodner Story

J.J. Jackson* | January 26, 2008

Filed Under Conservative Musings, Liberals, Military / Soldiers

A few days ago I received information that Senator Kyl of Arizonawas apparently as appalled as I was about Mr. Grodner who was so disgusted at the sight of a car with military plates and the Marine Corps insignia that he just had to do what normal liberals do - he keyed the car.

Unfortunately for Mr. Grodner he got caught and as since pleaded guilty and discussed fleeing to France where he will be in good company no doubt. According to this source, Senator Kyl has attached S. Amend. 3902 to S.1200 (Indian Health Care Improvement Act Amendments of 2007). As of me writing this, Friday evening, it is still not available at http://thomas.loc.gov/ but may be by the time this post is published (on Saturday). As such, I have uploaded a copy of the amendmentwhich I received.

The amendment by Senator Kyl states,

“Whoever assaults, batters or knowingly destroys or injures the property of a United States Serviceman or the of a member of the immediate family of a United States Serviceman, on account of the military service of that serviceman or status of that individual as a United States serviceman, or who attempts or conspires to do so shall -

“(1) in the case of simple assault or destruction or injury to property in which the damage or attempted damage to such property is not more than $500, be fined under this title in an amount not less than $500 and imprisoned not more than 2 years.

“(2) in the case of destructing or injury to property in which the damage or attempted damage to such property is more than $500, be fined under this title in and amount not less than $1000 and imprisoned not less than 90 days nor more than 10 years.

“(3) in the case of battery, or an assault resulting in bodily injury, be fined under this title not less than $2500 and imprisoned not less than 2 years nor more than 30 years.”

Now, as much as I admire Senator Kyl’s desire to do something with regards to scum who treat our enlisted men and women and our veterans with such contempt, I fear that the “we must do something” attitude that he is displaying and many others would agree with constitute the same problems we have had in the past with paving our own road to Hell with seemingly good intentions.

I have to question Senator Kyl’s presumed authority and the authority of Congress as a whole to do this.

First because it seems simply and fundamentally to violate the limited powers of Congress under Article I of the Constitution. I can find no authority to grant the power to create a law making the punishment of a crime different based on one’s status within society. All laws should be equally applied to all citizens. Destruction of private property is destruction of private property and assault is assault and the laws should be uniform for all Americans.

Second because I also have trouble finding under Constitutional authority to power of Congress to create laws applying to either of these crimes. If Senator Kyl can point to Constitutional language otherwise it would be appreciated. I suspect however he is using the loose interpretation of “General Welfare” which has brought us our massive socialist bureaucracy and would appreciate his reconsideration.

Thirdly, I have great concerns about how amendments to completely unrelated bills (in this case S. 1200 or the Indian Health Care Improvement Act Amendments of 2007 which itself smacks of unconstitutional spending) is what gets us in trouble as a nation. We need clean bills dedicated to a single topic and not bills that are hodgepodges of assorting dictates, spending proposals and mandates.

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Update: Please note that the bill Senator Kyl actually attached this amendment to was FISA Amendments Act of 2007 S.2248 and not S. 1200 which my source originally claimed.

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4 Responses to “Senator Kyl’s Response to Grodner Story”

Presidential election 2008 |Republicans Vs. Democrats » Senator Kyl’s Response to Grodner Story on January 26th, 2008 5:37 am

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RonniesRayGun (moderator) on January 26th, 2008 8:25 am

Got to agree with ya. I think laws should apply equally and there should not be different classes before the law. But what does it matter what I think. I only dodged bullets in the jungles of Vietnam.
Sgt. Shammy on January 26th, 2008 10:24 am

Dear Senator Kyl,

We in the military don’t need or want special treatment. What we do want is you to uphold the Constitution.
Oohrahman on January 26th, 2008 1:57 pm

Fight for lowering taxes and ending unconstitutional government Senator Kyl! We can handle ourselves and retards like Grodner!