In recent days, federal agents acting on orders of the president have shot and killed fellow Americans. Peaceful protestors exercising their First Amendment rights have been arrested, bloodied, and teargassed. The vice president asserts ICE agents have absolute immunity from prosecution. A secret agency memo instructs agents they can enter homes without a judicial warrant. There is widespread agreement that, at a minimum, these actions raise serious constitutional questions about the scope of federal authority.
Courage has never failed us as Americans. We live with confidence that the Constitution protects our rights to peaceably assemble, keep and bear arms, due process of law, freedom from federal overreach, and other inherent rights. We are stronger than the auditor thinks.
The Tenth Amendment to the Constitution protects states and people from federal abuses of power. To put that provision to work and keep Ohio safe, the Ohio General Assembly created the Tenth Amendment Center in the office of the Ohio Attorney General three years ago. Now is the time for the Center to do its job.
I call on Ohio Attorney General David Yost to confirm he is carrying out the duty of the Tenth Amendment Center, before the same tragedies occur in Ohio that have taken place in Minnesota. Ohio Revised Code §109.38(B) requires the Attorney General to “actively monitor federal executive orders, federal statutes, and federal regulations for potential abuse or overreach, including assertion of power inconsistent with the United States Constitution” and to take appropriate action when necessary.
If that process is not already underway, it should be launched immediately. Furthermore, state and local law enforcement personnel know their communities best and have the necessary training. The Ohio Attorney General should take immediate steps to preserve the lawful right of the State of Ohio to play an active role in the investigation that would follow any such tragedy in Ohio. In such situations, the need for accuracy and credibility is paramount. The last thing responsible officials should do is rush to judgment, before all the facts are known, as our state auditor has unfortunately done.
The auditor’s decision to place blame on the “political left” does nothing but continue to stoke the flames in a nation already on edge. It is abhorrent he would attack the character of a deceased woman, Renee Good, and a respected voice for Ohio’s teachers. Cooler heads must prevail. Our elected officials must be held to a high standard.
True leadership at a time like this would stand up for our constitutional rights rather than sow division and fear. Instead of grandstanding, the auditor should join me in urging the current attorney general to immediately take the constructive action Ohio law requires. A true lawyer for the people of Ohio would defend our rights rather than belittle and pick partisan fights with fellow Ohioans and those who have died in Minnesota.
It is essential that our elected officials and candidates look at the facts, investigate, and proceed based on evidence, not loyalty to one party or another. Ohio’s next attorney general must do exactly that. Only together can we build a better future for Ohio. This is a time for true leadership.
John Kulewicz is seeking the Democratic nomination for Ohio Attorney General. An Upper Arlington City Council Member, he is a graduate of the Ohio State University and Yale Law School, and a former partner at Columbus-based law firm Vorys, Sater, Seymour and Pease LLP.