The Wire

  • Decatur doctor accused of sexual assault responds to lawsuit

    Excerpt from WHNT:

    A Decatur doctor accused of sexually assaulting several of his patients is disputing all claims of wrongdoing. Dr. Michael Dick of Alabama Medicine and Rheumatology Clinic responded to a lawsuit filed on behalf of six women who claim to be his former patients. The doctor also filed a protective order asking a judge to stop the victims from sharing their stories with the media.

    A Birmingham-based attorney responded on behalf of Dr. Dick saying there is “no basis to contend he preys on female patients as alleged in the complaint.” The lawsuit filed against Dr. Dick says female members of the nursing staff were present with him. He says no misconduct took place, as alleged in the lawsuit. The response also says employees who work at the medical practice deny any misconduct.

  • Bobby Bright says ‘D.C. powerbrokers’ pushed Trump to endorse Martha Roby

    Excerpt from AL.com:

    Bobby Bright says ‘D.C. powerbrokers’ pushed Trump to endorse Martha Roby in Alabama’s District 2 race.

    “I understand politics and how Washington works. It appears the D.C. powerbrokers have gotten to the President on this issue. It’s truly a swamp of insiders controlled by big money special interests, the same crowd who’s bankrolling Martha Roby’s campaign to the tune of over $1 million just this year,” Bright said in a statement. “It’s a place where loyalty doesn’t exist. When you take that much money from D.C., New York and California, you lose sight of Alabama.”

    Incumbent Roby will face Bobby Bright — a former congressman she defeated in 2010 — in a runoff next month. Bright served one term in Congress as a Democrat, but switched parties to run against Roby in this year’s Republican primary.

  • Man accused of trying to run over police officer, charged with attempted murder

    Excerpt from ABC 33/40:

    A man accused of trying to run over a police officer was charged with attempted murder Friday, Shelby County authorities confirm.

    Chief Assistant District Attorney Roger Hepburn says Issai Serrano is the suspect connected with a Wednesday afternoon shooting involving an Alabaster Police officer. The shooting occurred at Morgan Road and South Shades Crest Road, said Hoover Police officers, who were the first to respond to the scene.

3 years ago

Alabama House calls for Convention of States to rein in federal government

Alabama House of Representatives (Photo: Yellowhammer)

Alabama House of Representatives
Alabama House of Representatives

MONTGOMERY, Ala. — After several hours of debate Tuesday evening, the Alabama House of Representatives approved a resolution calling for a Convention of States to amend the U.S. Constitution.

Article V of the U.S. Constitution says that a convention of the states can be convened if two-thirds of the state legislatures (34) approve an application for the convention to occur.

By design, that’s a high bar to clear. And the bar gets even higher when it comes to actually passing a constitutional amendment. It takes an affirmative vote from three-fourths (38) of the states to actually amend the constitution. Each state would only get one vote on proposed amendments.

The resolution passed today by the Alabama House strictly limits the purpose of the proposed convention to three areas:

1) imposing fiscal restraints on the federal government through a balanced budget amendment;
2) limiting the power and jurisdiction of the federal government; and
3) implementing term limits on federal elected officials.

This is the second year HJR112, sponsored by Rep. Ken Johnson (R-Moulton) and cosponsored by 52 additional Republicans, has been approved by the House. Last year the resolution died in the Senate, but Rep. Johnson has high hopes that this year will be the year Alabama officially signs on to the idea of a Article V convention.

“We’re calling for restraints on the federal government,” Johnson told Yellowhammer when the resolution passed last year. “That means an amendment that forces them to balance the budget and stops these overreaching federal mandates. We’re also calling for term limits on federal elected offices.”

Johnson said the states are able to limit the scope of the convention ahead of time, to mitigate the risk of a “runaway convention.”

“Because we’ve never done it, the idea that there could be a ‘runaway convention’ is always brought up as a concern,” Johnson said. “The convention would be limited to a small set of issues. But on top of that, the safeguard is that it only takes 13 states to kill any runaway convention. If there aren’t 13 conservatives states left, we’re in trouble, period. And Washington is a runaway train right now anyway. How much more damage could be done?”

HJR112 would require the legislature to create the rules for determining the appointment and duties of delegates to the convention, as well as constitute a continuing application until at least two-thirds of all State Legislatures have made application for a convention to provide for these purposes, unless the resolution is rescinded by a succeeding legislature.


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4 years ago

Alabama House passes resolution calling for Convention of the States

Alabama House of Representatives
Alabama House of Representatives

The Alabama House of Representatives today passed House Joint Resolution 49, an application to Congress calling for a Constitutional Convention under Article V of the United States Constitution.

Article V of the U.S. Constitution says that a convention of the states can be convened if two-thirds of the state legislatures (34) approve an application for the convention to occur.

By design, that’s a high bar to clear. And the bar gets even higher when it comes to actually passing a constitutional amendment. It takes an affirmative vote from three-fourths (38) of the states to actually amend the constitution. Each state would only get one vote on proposed amendments.

The resolution passed today by the Alabama House strictly limits the purpose of the proposed convention to three areas:

1) imposing fiscal restraints on the federal government through a balanced budget amendment; 2) limiting the power and jurisdiction of the federal government; and 3) implementing term limits on federal elected officials.

Rep. Ken Johnson, R-Moulton, told Yellowhammer that he introduced the resolution because he believes a convention is the last available option to force the federal government to live within its means.

“We’re calling for restraints on the federal government,” Johnson said. “That means an amendment that forces them to balance the budget and stops these overreaching federal mandates. We’re also calling for term limits on federal elected offices.”

Johnson said it is important that the states are able to limit the scope of the convention ahead of time, which his resolution does, to mitigate the risk of a “runaway convention.”

“Because we’ve never done it, the idea that there could be a ‘runaway convention’ is always brought up as a concern,” Johnson said. “The convention would be limited to a small set of issues. But on top of that, the safeguard is that it only takes 13 states to kill any runaway convention. If there aren’t 13 conservatives states left, we’re in trouble, period. And Washington is a runaway train right now anyway. How much more damage could be done?”

This resolution, unless rescinded by a succeeding Legislature, constitutes a continuing application until at least two-thirds of all State Legislatures have made application for a convention to provide for these purposes.

It now goes up to the Senate, where several legislators have already been actively involved in the process leading up to a potential Constitutional Convention.

In December of last year, Alabama state senators Arthur Orr, R-Decatur, and Trip Pittman, R-Daphne, joined roughly 100 state legislators from 32 states at Mt. Vernon, Virginia to discuss the ground rules of a potential Convention of the States.

State Sens. Trip Pittman, R-Daphne, and Arthur Orr, R-Decatur, at the Mount Vernon Assembly
State Sens. Trip Pittman, R-Daphne, and Arthur Orr, R-Decatur, at the Mount Vernon Assembly

The full resolution passed by the Alabama House today can be read below.

WHEREAS, the Founders of our Constitution empowered state legislators to be guardians of liberty against future abuses of power by the federal government; and

WHEREAS, the federal government has created a crushing national debt through improper and imprudent
spending; and

WHEREAS, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and

WHEREAS, the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and

WHEREAS, it is the solemn duty of the states to protect the liberty of our people, particularly for the generations to come, to propose amendments to the Constitution of the United States through a Convention of the States under Article V to place clear restraints on these and related abuses of power; now therefore,

BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOSUES THEREOF CONCURRING, That the Legislature of the States of Alabama hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments that impose fiscal restrains on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials.

BE IT FURTHER RESOLVED, That the Secretary of State is hereby directed to transmit copies of this application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, and to the members of the Senate and House of Representatives of the United States Congress from this state; and to also transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.

BE IT FURTHER RESOLVED, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the Legislatures of at least two-thirds of the several states have made applications on the same subject.


Follow Cliff on Twitter @Cliff_Sims

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4 years ago

Alabama legislator introduces resolution calling for Convention of the States

Alabama House of Representatives
Alabama House of Representatives

Ken Johnson, R-Moulton, this week introduced a resolution in the Alabama House of Representatives calling for a Convention of the States in an effort to check federal government spending and mandates and calling for term limits on certain federal elected officials.

In December of last year, Alabama state senators Arthur Orr, R-Decatur, and Trip Pittman, R-Daphne, joined roughly 100 state legislators from 32 states at Mt. Vernon, Virginia to discuss the ground rules of a potential Convention of the States.

Article V of the U.S. Constitution says that a convention of the states can be convened if two-thirds of the state legislatures (34) approve an application for the convention to occur.

By design, that’s a high bar to clear. And the bar gets even higher when it comes to actually passing a constitutional amendment.

Rep. Ken Johnson (Left) with Alabama House Speaker Mike Hubbard (Right)
Rep. Ken Johnson (Left) with Alabama House Speaker Mike Hubbard (Right)

Each state would then choose delegates to represent them at the convention, but each state would only get one vote on proposed amendments. It takes an affirmative vote from three-fourths (38) of the states to actually amend the constitution.

The idea of a Constitutional Convention gained steam in the conservative grassroots community after talk show host Mark Levin advocated for a states-led convention in his book The Liberty Amendments: Restoring the American Republic.

Rep. Johnson told Yellowhammer this morning that he introduced the resolution because he believes a convention is the last available option to force the federal government to live within its means.

“We’re calling for restraints on the federal government,” Johnson said. “That means an amendment that forces them to balance the budget and stops these overreaching federal mandates. We’re also calling for term limits on federal elected offices.”

Johnson said the states are able to limit the scope of the convention ahead of time, to mitigate the risk of a “runaway convention.”

“Because we’ve never done it, the idea that there could be a ‘runaway convention’ is always brought up as a concern,” Johnson said. “The convention would be limited to a small set of issues. But on top of that, the safeguard is that it only takes 13 states to kill any runaway convention. If there aren’t 13 conservatives states left, we’re in trouble, period. And Washington is a runaway train right now anyway. How much more damage could be done?”

Johnson’s full resolution can be read below. 37 members of the Alabama House signed on as co-sponsors.

WHEREAS, the Founders of our Constitution empowered state legislators to be guardians of liberty against future abuses of power by the federal government; and

WHEREAS, the federal government has created a crushing national debt through improper and imprudent
spending; and

WHEREAS, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and

WHEREAS, the federal government has ceased to live under a proper interpretation of the Constitution of the United States; and

WHEREAS, it is the solemn duty of the states to protect the liberty of our people, particularly for the generations to come, to propose amendments to the Constitution of the United States through a Convention of the States under Article V to place clear restraints on these and related abuses of power; now therefore,

BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOSUES THEREOF CONCURRING, That the Legislature of the States of Alabama hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing amendments that impose fiscal restrains on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials.

BE IT FURTHER RESOLVED, That the Secretary of State is hereby directed to transmit copies of this application to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, and to the members of the Senate and House of Representatives of the United States Congress from this state; and to also transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.

BE IT FURTHER RESOLVED, That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the Legislatures of at least two-thirds of the several states have made applications on the same subject.


Follow Cliff on Twitter @Cliff_Sims

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5 years ago

Two Alabama senators discuss potential constitutional convention at Mt. Vernon Assembly

State Sens. Trip Pittman, R-Daphne, and Arthur Orr, R-Decatur, at the Mount Vernon Assembly
State Sens. Trip Pittman, R-Daphne, and Arthur Orr, R-Decatur, at the Mount Vernon Assembly

Two Alabama state senators joined roughly 100 state legislators from 32 states at Mt. Vernon, Virginia this past weekend to discuss the ground rules of a potential convention of the states to amend the U.S. Constitution.

The idea has gained steam in the nationwide conservative grassroots community this year after conservative talk show host Mark Levin advocated for a states-led convention in his book The Liberty Amendments: Restoring the American Republic.

Article V of the U.S. Constitution says that a convention of the states can be convened if two-thirds of the state legislatures (34) approve an application for the convention to occur.

By design, that’s a high bar to clear. And the bar gets even higher when it comes to actually passing a constitutional amendment.

Each state would then choose delegates to represent them at the convention, but each state would only get one vote on proposed amendments. It takes an affirmative vote from three-fourths (38) of the states to actually amend the constitution.

In short, the convention of the states is widely viewed as a last-ditch effort to push back against an overreaching federal government. Potential amendments being kicked around include term limits on federal lawmakers and caps on taxation and spending.

Recent polling shows 74 percent of Americans support a balanced budget amendment and 75 percent support term-limiting members of congress.

But the main work at the Mount Vernon Assembly this past weekend focused not on actual amendments, but on what rules would be followed should such a convention ever be convened.

A Resolution of the Mount Vernon Assembly to prepare to write the rules for an Amendment Convention of the States was passed by voice vote subject to additional language.

“We discussed the reality that the biggest threat to America is an irresponsible Federal Government,” Alabama State Senator Trip Pittman, R-Daphne, told Yellowhammer. “Checks that need to be put on the Federal Government have not been accomplished and based on current activity appear not to be likely… 32 (states) participated in the Mount Vernon Assembly, to prepare rules and form committees within a strict framework… to discuss and build support for a possible amendment convention of the States.”

The Assembly’s focus on a “strict framework” stems from the fact that Article V leaves some ambiguity in the process, leading to some concerns that a convention of the states would be an unruly affair. Because of the unknowns, there is a healthy amount of skepticism when it comes to convening the states.

“In the course of our work advising state and federal lawmakers and conservative allies across the country, we have been giving this issue close attention and study,” said Dr. Matthew Spalding on the Heritage Foundation. “The lack of precedent, extensive unknowns, and considerable risks of an Article V amendments convention should bring sober pause to advocates of legitimate constitutional reform contemplating this avenue.”

Sen. Pittman said that several checks would have to be put in place to ease concerns over a “runaway” convention.

“We’re just meeting to put some rules and procedures in place, but this would be very structured,” he said. “The only way I’d support it is if it was a specific issue convention.”

Several resolutions would also have to be passed by the Alabama legislature dealing with the Alabama delegation to a convention, including a provision that voids any vote cast by an Alabama delegate that is outside the instructions of the Alabama legislature that sent them.

Sen. Arthur Orr, R-Decatur, also attended the Mt. Vernon Assembly, but was not immediately available for comment.

Yellowhammer will have more on the Mt. Vernon Assembly and related efforts soon.

But what do you think? Is a convention of the states a good idea? Is it needed? What amendments would you like to see?


Follow Cliff on Twitter @Cliff_Sims

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