Tag Archives: Constitution

We Are the Guardrail

The men who wrote the Constitution, ratified 238 years ago, had a lot on their minds. There had never before been a complete, written national constitution anywhere. They were not sure a government which derived its authority from the people it governed could succeed. Some would have gladly declared George Washington King of the United States were he willing to accept the position.

Some feared the people were not qualified to govern. They believed there was a natural ruling class who should be in charge. Some wanted a strong central government. Others wanted power to remain with the individual states, as it had been since the revolution twelve years earlier.

The result was a document in many ways a revolution itself, describing a government of the people, but one purposedly designed to contain the compromise, confusion, and purposeful ambiguity that reflected the debate between the authors. With the addition of 27 amendments, it has survived all this time.

For those who slept through civics class, the Constitution separated the central government into three branches, the legislative, the executive, and the judicial. Each had a list of powers. Each had a method of checking the operation of the other two branches. There were important omissions. Items on which the authors could not agree and so left for future generations to sort out. But it has held together for all these years. That says something.

What the authors feared most was that power would corrupt. That malevolent leaders would destroy the nation in search of personal advantage. This was John Adams’ nightmare. In my lifetime, I have never seen anything as corrupt as the current administration. Nor have I found one this corrupt in my study of American history. I mean corrupt not just in a monetary sense, although the avarice of Donald Trump and his family is astounding. I mean also corrupt in what Trump has done to the institutions of government and the rule of law.

That one man could be so misguided is not surprising, although the fact that 77 million voters cast their ballots for him in 2024 is. What is surprising is the degree to which the checks and balances have collapsed. The guardrails have failed.

This is due to the abdication on the part of the legislative branch, which has ceased to provide any meaningful oversight of the executive, failed to enforce its decisions on taxation and spending, and consented to the appointment of some of the most unqualified and actually destructive individuals to positions of power throughout government. There have been 306 calendar days in the year to date. The House of Representatives has been in session for 133 of them. Nice work if you can get it.

The judicial branch has not just abandoned its responsibilities. It has openly ceded its authority to the executive branch. While many lower court judges have blocked Trump’s unlawful excesses, the conservative majority on the Supreme Court has more often than not knocked down those guardrails, allowing Trump to proceed with his executive power grab. With those actions, the Court has greatly tipped the balance of power in the government, allowing for an autocracy at the helm.

The outlook is bleak. But there is one last hope.

We are that hope. We, the people. We, the voters, have now an opportunity to change the direction of the nation. But only if we get off our rears and go out and vote. In the United States, voter turnout for true “off-year” elections (held in odd-numbered years for local and municipal offices) typically falls between 25% and 40% of eligible voters. There are indications this year the turnout will be much greater.

That is a good sign. If you are happy with the way things are going, by all means go out and vote Republican, ensuring that Trump will be unfettered in the next two year. But if you are unhappy with the current state of affairs, vote for Democrats who will raise the guardrails. They will not have the power to reverse the current state of affairs. That decision comes in 2028. But Democratic majorities in Congress will slow down the Trump onslaught and place a spotlight on the abuses of the administration.

We are the final guardrail.

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R.I.P. – D.O.J.

A former Director of the Federal Bureau of Investigation has been indicted on the direct order of the President of the United States.

Let that sink in. I’m sure that this thing happens all the time in Russia. Or China. Or North Korea. Or Iran. But I can’t think of anything comparable ever happening in the United States of America.

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OMG

I am in shock. OMG. I find myself agreeing with Ted Cruz, Republican, Senator from Texas, in his takedown of Tim Kaine, Democrat, Senator from Virginia.

In a Senate Foreign Relations Committee hearing Kaine took issue with the opening statement of Riley Barnes, who has been nominated to serve as assistant secretary of state for democracy, human rights and labor.

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He don’t know

On Meet the Press NBC’s Kristine Welker asked Donald Trump, “don’t you need to uphold the Constitution of the United States as president?”

“I don’t know,” Trump replied.

Excuse me while I reach for my bottle of Excedrin.

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The Supremes Vote

One thing is clear about this year’s election for president. The Supreme Court intends to cast its vote. The Court, driven by the conservative majority, rushed to hand Donald Trump a victory the day before Super Tuesday, the day fifteen states, including Colorado, hold primary elections. It even went as far as to announce on a Sunday that it would be handing down a ruling the next day. And it leaked the subject so loudly every story that night predicted it would be a decision in Trump v. Anderson.

In Trump v. Anderson, all nine justices agreed that states lack the power to enforce Section 3 of the 14th Amendment against presidential candidates. All nine justices ruled in favor of Trump on this question. I’d like to pat myself on the back here because I predicted this outcome not long ago. I’d like to, but I won’t, because nearly every other court watcher made the same prediction.

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The Nuts Factor

This is nuts. That’s all I could think as I listened to D. John Sauer, an attorney for Donald Trump, with Trump sitting in the front row of the courtroom, tell a panel of the United States Court of Appeals for the District of Columbia that it should overturn a decision of the district court and dismiss the federal indictment against Trump for crimes connected to the January 6, 2020, mob assault on Congress.

To recap, on August 1, 2023, Special Counsel Jack Smith charged Trump with four federal criminal counts after a grand jury investigation into Trump’s attempt to overturn the 2020 election, culminating in the January 6th insurrection. In October 2023, Trump claimed in the case that he had absolute immunity from prosecution for actions he took as president but Judge Tanya S. Chutkan, the trial judge in the case, rejected (opinion here) Trump’s claim, finding that “neither the Constitution nor American history supported the contention that a former president enjoyed total immunity from prosecution.” Trump appealed the ruling.

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Enter the Supremes

Update December 28, 2023

There are reasons why journalists usually write analysis and commentary only after a breaking event has settled. Today Maine’s Secretary of State, Shenna Bellows, disqualified former President Donald Trump from appearing on the state’s 2024 Republican primary ballot. Her decision was based on the 14th Amendment of the US Constitution, which prohibits anyone who has “engaged in insurrection or rebellion” against the United States from holding office.

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