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28th Amendment of the Constitution Bill 2008 Rejected by Irish Voters

The Twenty-eighth Amendment of the Constitution Bill 2008, a proposed amendment to the Constitution of Ireland, is rejected by voters on June 12, 2008, by a margin of 53.4% to 46.6%, with a turnout of 53.1%. The purpose of the proposed amendment is to allow the state to ratify the Treaty of Lisbon of the European Union.

The treaty had been intended to enter into force on January 1, 2009, but has to be delayed following the Irish rejection. However, the Lisbon treaty is approved by Irish voters when the Twenty-eighth Amendment of the Constitution of Ireland is approved in the second Lisbon referendum, held in October 2009.

The Treaty of Lisbon is signed by the member states of the European Union on December 13, 2007. It is in large part a revision of the text of the Treaty establishing a Constitution for Europe (TCE) after its rejection in referendums in France in May 2005 and in the Netherlands in June 2005. The Treaty of Lisbon preserves most of the content of the Constitution, especially the new rules on the functioning of the European Institutions but gives up any symbolic or terminologic reference to a constitution.

Because of the decision of the Supreme Court of Ireland in Crotty v. An Taoiseach (1987), an amendment to the Constitution is required before it can be ratified by Ireland. Ireland is the only one of the then fifteen EU member states to put the Treaty to the people in a referendum. Ratification of the Treaty in all other member states is decided upon by national parliaments alone.

On February 26, 2008, the Government of Ireland approves the text of the changes to the constitution. The Twenty-eighth Amendment of the Constitution Bill is proposed in Dáil Éireann by Minister for Foreign Affairs Dermot Ahern on April 2, 2008. It passes final stages in the Dáil on April 29, with Sinn Féin TDs and Independent TD Tony Gregory rising against, but with insufficient numbers to call a vote. It passes final stages in the Seanad on May 7.

A Referendum Commission is established by Minister for the Environment, Heritage and Local Government John Gormley. It is chaired by former High Court judge Iarfhlaith O’Neill. Its role is to prepare one or more statements containing a general explanation of the subject matter of the proposal and of the text of the proposal in the amendment bill.

The government parties of Fianna Fáil and the Progressive Democrats are in favour of the treaty, but the other government party, the Green Party, is divided on the issue. At a special convention on January 19, 2008, the leadership of the Green Party fails to secure a two-thirds majority required to make support for the referendum official party policy. As a result, the Green Party itself does not participate in the referendum debate, although individual members are free to be involved in whatever side they chose. All Green Party members of the Oireachtas support the Treaty. The main opposition parties of Fine Gael and the Labour Party are also in favour. Only one party represented in the Oireachtas, Sinn Féin, is opposed to the treaty, while minor parties opposed to it include the Socialist Party, the Workers’ Party and the Socialist Workers Party. Independent TD’s Tony Gregory and Finian McGrath, Independent MEP Kathy Sinnott, and Independent members of the Seanad from the universities David Norris, Shane Ross and Rónán Mullen advocate a “No” vote as well.

The Government sends bilingual booklets written in English and Irish, explaining the Treaty, to all 2.5 million Irish households. However, compendiums of the two previous treaties, of which the Lisbon Treaty is intended to be a series of reforms and amendments, remain unavailable in Ireland. Some commentators argue that the treaty remains essentially incomprehensible in the absence of such a compendium.

On March 12, 2008, the Libertas Institute, a lobby group started by businessman Declan Ganley, launches a campaign called Facts, not politics which advocates a “No” vote in the referendum. A month later, the German Chancellor, Angela Merkel, appeals to Irish people to vote “Yes” in the referendum while on a visit to Ireland. The anti-Lisbon Treaty campaign group accuses the government and Fine Gael of a U-turn on their previous policy of discouraging foreign leaders from visiting Ireland during the referendum campaign. The European Commissioner for Internal Market Charlie McCreevy admits he had not read the Treaty from cover to cover and says, “he would not expect any sane person to do so.”

At the start of May, the Irish Alliance for Europe launches its campaign for a “Yes” vote in the referendum this consists of trade unionists, business people, academics and politicians. Its members include Garret FitzGerald, Ruairi Quinn, Pat Cox and Michael O’Kennedy. The Taoiseach Brian Cowen states that should any member of the Fianna Fáil parliamentary party campaign against the treaty, they will likely be expelled from the party.

On May 21, 2008, the executive council of the Irish Congress of Trade Unions votes to support a “Yes” vote in the referendum. Rank and file members of the individual unions are not balloted, and the Technical, Engineering and Electrical Union (TEEU) advises its 45,000 members to vote “No.” The Irish bishops conference states the Catholic Church‘s declaration that the treaty will not weaken Ireland’s constitutional ban on abortion, however the conference does not advocate either a “Yes” or “No” vote. By the start of June, Fianna Fáil, Fine Gael and the Labour Party have united in their push for a “Yes” vote despite earlier divisions. The two largest farming organisations, the Irish Creamery Milk Suppliers Association (ICMSA) and the Irish Farmers’ Association call for a “Yes” vote, the latter giving its support after assurances from Taoiseach Brian Cowen that Ireland will use its veto in Europe if a deal on World Trade reform is unacceptable.

There were 3,051,278 voters on the electoral register. The vast majority of voting takes place on Thursday, June 12, between 7:00 a.m. and 10:00 p.m. Counting begins at 9:00 a.m. the following morning. Several groups vote before the standard polling day, with some casting postal votes before June 9. These include members of the Irish Defence Forces serving in United Nations peacekeeping missions, Irish diplomats and their spouses abroad, members of the Garda Síochána, those unable to vote in person due to physical illness or disability, those who are unable to vote in person due to their employment (including students) and prisoners.

On June 9, several islands off the coast of County Donegal vote: Tory Island, Inishfree, Gola, Inishbofin and Arranmore. These islands are all part of the Donegal South-West constituency. Around 37% of the 745 eligible votes. Two days later, several islands off the coast of counties Galway and Mayo vote: the Aran Islands (Inis Mór, Inis Meáin and Inis Oírr) and Inishboffin form part of Galway West constituency, while Inishturk, Inishbiggle and Clare Island form part of the Mayo constituency. The Galway islands have 1,169 eligible voters, while the Mayo islands have 197.

Votes are counted separately in each Dáil constituency. The overall verdict is formally announced by the Referendum Returning officer in Dublin Castle by accumulating the constituency totals.

(Pictured: Campaign posters in St. Stephen’s Green, Dublin)


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Adoption of the Articles of Confederation

articles-of-confederation

The Articles of Confederation and Perpetual Union, the first written constitution of the United States is adopted by the Second Continental Congress on November 15, 1777. A number of the members of the Congress hail from Ireland including Secretary of the Congress Charles Thomson who is born in Maghera, County Derry in 1729. Thomson is the permanent Secretary of the Continental Congress for more than fifteen years. At least three signatories to the Declaration of Independence are Irish – James Smith, George Taylor, and Matthew Thornton.

The Articles of Confederation is approved, after much debate between July 1776 and November 1777, by the Second Continental Congress and sent to the states for ratification. The Articles come into force on March 1, 1781, after being ratified by all thirteen states. A guiding principle of the Articles is to preserve the independence and sovereignty of the states. The weak central government established by the Articles receives only those powers which the former colonies had recognized as belonging to king and parliament.

The document provides clearly written rules for how the states’ “league of friendship” is to be organized. During the ratification process, the Congress looks to the Articles for guidance as it conducts business, directs the war effort, conducts diplomacy with foreign nations, addresses territorial issues and deals with Native American relations. Little changes politically once the Articles of Confederation go into effect, as ratification does little more than legalize what the Continental Congress had already been doing. That body is renamed the Congress of the Confederation however most Americans continue to call it the Continental Congress, since its organization remains the same.

As the Confederation Congress attempts to govern the continually growing American states, delegates discover that the limitations placed upon the central government render it ineffective at doing so. As the government’s weaknesses become apparent, especially after Shays’ Rebellion, some prominent political thinkers in the fledgling nation begin asking for changes to the Articles. Their hope is to create a stronger national government.

Initially, some states meet to deal with their trade and economic problems. However, as more states become interested in meeting to change the Articles, a meeting is set in Philadelphia on May 25, 1787. This becomes the Constitutional Convention. It is quickly agreed that changes will not work, and instead the entire Articles needs to be replaced. On March 4, 1789, the government under the Articles is replaced with the federal government under the Constitution of the United States. The new Constitution provides for a much stronger federal government by establishing a chief executive (the President), courts, and taxing powers.


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Birth of George Clinton, Soldier & Statesman

george-clinton

George Clinton, American soldier and statesman considered one of the Founding Fathers of the United States, is born in Little Britain, Province of New York, British America on July 26, 1739. A prominent member of the Democratic-Republican Party, he serves as the fourth Vice President of the United States from 1805 until his death in 1812. He also serves as Governor of New York from 1777 to 1795 and from 1801 to 1804. Along with John C. Calhoun, he is one of only two vice presidents to hold office under two presidents.

Clinton’s parents are Colonel Charles Clinton and Elizabeth Denniston Clinton, Presbyterian immigrants who had left County Longford in Ireland in 1729 to escape an Anglo-Irish regime that imposed severe disabilities on religious dissenters. His political interests are inspired by his father, who is a farmer, surveyor, and land speculator, and serves as a member of the New York colonial assembly. He is the brother of General James Clinton and the uncle of New York’s future governor, DeWitt Clinton. He is tutored by a local Scottish clergyman.

Clinton serves in the French and Indian War, rising to the rank of lieutenant in the colonial militia. He begins a legal practice after the war and serves as a district attorney for New York City. He becomes Governor of New York in 1777 and remains in that office until 1795. He supports the cause of independence during the American Revolutionary War and serves in the Continental Army despite his gubernatorial position. During and after the war, he is a major opponent of Vermont‘s entrance into the union due to disputes over land claims.

Opposed to the ratification of the Constitution of the United States, Clinton becomes a prominent Anti-Federalist and advocates for the addition of the United States Bill of Rights. In the early 1790s, he emerges as a leader of the incipient Democratic-Republican Party and serves as the party’s vice-presidential candidate in the 1792 presidential election. He receives the third most electoral votes in the election, as President George Washington and Vice President John Adams both win re-election. He does not seek re-election in 1795 but serves as governor again from 1801 to 1804. He is the longest-serving governor in U.S. history until Terry Branstad surpasses his record in 2015.

Clinton is again tapped as the Democratic-Republican vice-presidential nominee in the 1804 presidential election, as President Thomas Jefferson dumps Aaron Burr from the ticket. Clinton seeks his party’s presidential nomination in the 1808 presidential election, but the party’s congressional nominating caucus instead nominates James Madison. Despite his opposition to Madison, Clinton is re-elected as vice president.

George Clinton dies in Washington, D.C. on April 20, 1812, leaving the office of vice president vacant for the first time in U.S history. He is buried in the Old Dutch Churchyard in Kingston, New York. His nephew, DeWitt Clinton, continues the Clinton New York political dynasty after his uncle’s death.

(Pictured: Portrait of George Clinton by Ezra Ames, 1814)