EASTHAMPTON — The City Council passed a resolution defending democracy and the U.S. Constitution this week, accusing the Trump administration of disregarding separation of powers and urging state legislators to continue to push back against the president’s leadership.
Though the measure passed by an 6-1 vote, the one dissenting voice and a member of the public said the council should not make such declarations on behalf of everyone in the city when not everyone agrees.
Council President James “JP” Kwiecinski put forth the “Resolution in Support of Democracy and A Call for the Return to the Constitutional Principles that are the Foundation of our Republic,” for immediate consideration at last council meeting on Sept. 3. He submitted the proposal for immediate consideration to try and get the resolution passed before Constitution Day on Sept. 17, seeking to honor the document that serves as the fundamental law of the United States.
The times in which we live are just as important as the times of 1787
James “JP” Kwiecinski
This action drew discontent from multiple residents after it was put on the agenda within 48 hours of the meeting, leaving little time for the public to see it. The resolution was ultimately sent to the Rules and Government Regulations committee for consideration, which voted 2-1 to send it back to the council for Wednesday’s meeting that coincided with Constitution Day.
Overall, the resolution condemns many recent actions by President Donald Trump, claiming the president has recently violated many core principals of the Constitution. The resolution asks state legislators to continue legislative action against his administration.
The first four sections of the resolution reinforce the integrity of democracy in the U.S., refencing the significance of the 1780 Constitution of the Commonwealth of Massachusetts. It refers to “key aspects” of that constitution, including the separation of powers, checks and balances, an independent judiciary, and provisions that protect individuals against state power and that are reflected by the U.S. Constitution.
After that, the fifth section begins by stating, “in just seven months, the current President and his appointees have shown disregard for the separation of powers by … ,” then listing 10 accused actions during Trump’s presidency. These actions include disobeying court rulings, attempting to overturn birthright citizenship and withholding congressionally-approved funds.
Continuing on, the proposal also states that Trump and his appointees have done and publicly stated multiple things, including targeting Massachusetts residents through aggressive immigration enforcement, withholding funds from public schools and attempting institutionwide censorship of educational, health care and scientific institutions.
The resolution urges the Massachusetts congressional delegation to continue pushing their colleagues to exercise legislative authority to enforce the Constitution, and commends Gov. Maura Healey and Attorney General Andrea Campbell for their work defending the Constitution, fellow citizens, the public and private institutions in the commonwealth.
Finally, it asks the clerk of the City Council to submit the resolution to state legislators.
Public weigh in
During public speak time at Wednesday’s meeting, residents voiced their opinions about the resolution, with resident Merriam Ansara giving support.
“This country was founded on the principal that the law rests in the word and not in the person …” she said. “I urge the rest of the city council … to vote the resolution and reaffirm their commitment to the word of law and the rejection of the measures against the Constitution, outlined in this resolution.”
Resident and Precinct 5 city council candidate Cathy Wauczinski is not in favor of the resolution, feeling it dishonors the Constitution since it only speaks for a portion of city residents. She included that she has felt disregarded by the council previously for separate matters.
“I would say that honoring Constitution Day is a noble idea, unfortunately this resolution dishonors our Constitution. The views of only a portion of our community are represented in this resolution, although I would expect nothing else from the majority of the city council … I hope that you take the opportunity you have here to no longer be divisive and not continue the divisive rhetoric that is damaging our nation,” she said.
Resident and at-large city councilor candidate Nathan Markee supported the resolution while referring to actions that represent Trump’s character.
“I want to speak in full support of your resolution Mr. President (Kwiecinski). Our current commander in chief has been convicted of 34 felonies,” he said referring to Trump.
At the same time, Markee discussed the last city council meeting on Sept. 3, when the resolution was initially discussed and multiple citizen interruptions occurred.
“The disruption at the meeting last week (Sept. 3) was appalling,” he said. “The constant disruption by people online, the people pacing the room with intimidation tactics and the fact that the police had to be called was beneath us as a community in Easthampton.”
At the Sept. 3 meeting, At-Large City Councilor and mayoral candidate Jason “JT” Tirrell opted to send the resolution to committee, since items for immediate action would otherwise be sent to the appropriate committee.
The Rules and Government Relations voted 2-1 to send the resolution to the council on Monday, two nights before Wednesday’s meeting.
One councilor opposed
At Wednesday’s meeting when the resolution was passed, Tirrell was the only member of the council not in favor of the resolution. He feels it actually contradicts the Constitution, since the resolution claims to speak for all Easthampton residents.
“While the title of this document, Resolution in Support of the Constitution and Democracy, sounds harmless and even noble on its face, a closer look reveals it to be divisive and political. I believe it undermines the very principles it claims to uphold. The First Amendment of the Constitution protects free speech yet this document claims to speak for all of Easthampton residents, effectively silencing those voices who don’t agree. Easthampton prides itself on being an inclusive and diverse community that should extend to political diversity,” he said.
Precinct 3 Councilor Thomas Peake responded, agreeing with the sentiment that resolutions should not speak for all residents, but voted in favor of the resolution. He feels resolutions should be made but it should rather be clear that it is the council in support of a particular matter, rather than the entire city.
“I don’t think in that statement there should ever be the presumption that we (the council) speak for the entirety of the city or even the entirety of the voters. We don’t get elected with 100 percent of the votes …” he said. “We should never claim to speak for all of the people in Easthampton. We will never do that on anything.”
The councilor who put the resolution forward — Kwiecinski — had the last word before the vote was taken. He reinforced that citizens can access the council to connect with the public closely, something that residents don’t always feel they can do with state legislators.
“I brought this forward because of our times. The times in which we live are just as important as the times of 1787,” he said. “The principles that we adhere to are principles that are alive. There are principles that live for us within that Constitution. I wanted to remind everyone that it’s in our veins, it’s in your veins, it’s in the public’s veins. They should be cognizant of these matters because it does matter.”