14th Amendment

One Issue Dealt With Properly By Right Wing Majority Supreme Court: Protection Of Birthright Citizenship!

Ronald 13 Comments

The right wing Supreme Court under Chief Justice John Roberts has created, overall, a disgraceful record in recent years, and has kowtowed to Donald Trump too often, and promoted the concept of a “Unitary Executive”.

But at least on one issue, Birthright Citizenship, the Court by a 6-3 vote (which should have been 9-0)—Chief Justice John Roberts, Associate Justices Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson)—upheld the basic right that anyone born on US soil is a citizen at birth, added to the Constitution in the 14th Amendment 160 years ago. However, Kavanaugh based his vote on the concept that Congress could modify the 14th Amendment by legislation, so not a full support of the other five Justices who backed Birthright Citizenship completely as a basic right under the 14th Amendment.

The idea that Donald Trump wants a constitutional amendment to change that basic right is a non starter, as it would require a breaking of the Senate filibuster, and would require a two thirds vote of each house of Congress, followed by three fourths (38 states) to ratify.

It is clear, however, that with the Supreme Court as now constituted, IF and when the Democrats regain Senate control, they must work toward expansion of the Court membership; set up term limits of 18 years for future members of the Court; set up that each future President has two appointments in a four year term, leading in the future over time to constant turnover and change on the Court.

Also, there is need for the promotion of an ethics code, so that we do not see the kind of corruption that has been displayed by Associate Justices Clarence Thomas and Samuel Alito, which would be banned; and also reform the so called “emergency” or “shadow” docket to limit unsigned or unexplained rulings on pivotal cases, promoting transparency and accountability, sorely needed.

Supreme Court Finally Upholds The Constitution, And Rebukes Donald Trump On Tariffs!

Ronald 22 Comments

After acting totally submissive toward Donald Trump in his first year of his second term, finally the Supreme Court majority, including two Trump appointees—Neil Gorsuch and Amy Coney Barrett, along with Chief Justice John Roberts and the three Democratic women justices–have delivered a solid rebuke to Trump on the subject of protective tariffs.

This is long overdue, as the Court has developed a reputation as the most extreme right wing Court in a century, and Chief Justice Roberts presides over a majority which usually has no desire to challenge executive power of the President.

This dangerous trend, hopefully, will continue to be challenged in future cases, particularly on birthright citizenship rights, which are contained in the 14th Amendment to the Constitution, ratified after the Civil War.

Donald Trump does not care about the reality that protective tariffs are a disaster, as they were in causing the Panic of 1893 and the Great Depression of the 1930s, because Republican Presidents Benjamin Harrison (prodded on by future President William McKinley’s promotion of high tariffs) and Herbert Hoover stubbornly imposed them on the American people, destroying the economy.

With the economy not doing well, despite Trump’s delusional statements, this repudation of Trump’s tariffs should be seen as a blessing by him, as well as the American people.

But instead, Trump is railing against his own Republican Justices who have “defied” him, and one wonders how it will show up in his State of the Union Address next Tuesday.

Will he openly condemn Roberts, Gorsuch, and Barrett in his speech, or will he be diplomatic and maybe just lightly tease them?

This should be a very interesting moment of confrontation between the Supreme Court members who show up and the President of the United States!

It reminds one of past clashes of Presidents and Supreme Courts, including under Thomas Jefferson and Andrew Jackson with Chief Justice John Marshall; Abraham Lincoln with Chief Justice Roger Taney; Franklin D. Roosevelt with the majority conservative Court and Chief Justice Charles Evans Hughes during the New Deal; and other controversies involving Theodore Roosevelt, Harry Truman, Richard Nixon and Barack Obama and Supreme Court decisions!

The $175 Billion raised in tariffs this past year were a financial burden on the American consumers, and should be returned to the American people with a refund per taxpayer of $1700, as suggested by Illinois Governor JD Pritzker. However, it seems that Trump has no concern of the damage done to the average American, while constantly engaged in grift for personal gain, having enriched himself in the past year, a crime against the Constitution!

Trump Administration In Violation Of Five Amendments: First, Fourth, Fifth, Tenth, Fourteenth!

Ronald 83 Comments

The Donald Trump Presidency, the most abusive and unconstitutional Administration by far in American history, is openly defying five constitutional Amendments, including four that are the basic Bill of Rights.

First Amendment–freedom of speech, press, assembly

Fourth Amendment–No unreasonable search and seizure, and no warrants to be issued but upon probable cause

Fifth Amendment–No deprivation of life, liberty, or property without due process of law

Tenth Amendment–The powers not specifically delegated to the federal government, are reserved to the states

Fourteenth Amendment–No denial or limits on due process and equal protection of the laws.

THe actions of Immigration and Customs Enforcement (ICE) in Minnesota in particular, and in Chicago, Los Angeles, Maine, and soon to be in Ohio, and a threat to other “Blue” states and cities, is a massive abuse of power, that needs to be condemned, and opposed vigorously in court cases.

Such organizations as the American Civil Liberties Union; Common Cause; Southern Poverty Law Center; People For The American Way; Southern Christian Leadership Conference; Public Citizen are involved in constant law suits and investigations to protect our civil liberties, protect democracy, and promote the rule of law.

Trump Administration In Violation Of Five Amendments: First, Fourth, Fifth, Tenth, Fourteenth!

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The Donald Trump Presidency, the most abusive and unconstitutional Administration by far in American history, is openly defying five constitutional Amendments, including four that are the basic Bill of Rights.

First Amendment–Freedom of speech, press, and assembly

Fourth Amendment–No unreasonable search and seizure, and no warrants to be issued without probable cause

Fifth Amendment–No deprivation of life, liberty, or property without due process of law

Tenth Amendment–The powers not specifically delegated to the federal government, are reserved to the states

Fourteenth Amendment–No denial or limits on due process and equal protection of the laws

The actions of Immigration and Customs Enforcement (ICE) in Minnesota in particular, and in Chicago, Los Angeles, Maine, and soon to be in Ohio, and a threat to other “Blue” states and cities, is a massive abuse of power, that needs to be condemned, and opposed vigorously in court cases.

Such organizations as the American Civil Liberties Union; Common Cause; Southern Poverty Law Center; People For The American Way; Southern Christian Leadership Conference; Public Citizen are involved in constant law suits and investigations to protect our civil liberties, protect democracy, and promote the rule of law.

Birthright Citizenship, A Basic Part Of The 14th Amendment, Lies In Tatters! :(

Ronald 2 Comments

Donald Trump’s despicable attack on the 14th Amendment and Birthight Citizenship has won a battle in the right wing, extremist Supreme Court, by a 6-3 vote on Friday.

While it is not final, as the issue has been sent to the lower federal courts for further adjudication, the signs are that a basic right, insured 150 years ago after the Civil War, may be totally wiped out.

The tensions are high on the Supreme Court, with Justices Sonia Sotomayor and Ketanji Brown Jackson in particular, being highly critical of the majority decision produced by Justice Amy Coney Barrett.

The language utilized by both Justices and the clearcut tone of exasperation at what the Court is doing to promote an Imperial Presidency makes one wonder how thare can be any sense of camaraderie of the Court members toward each other.

It seems clear that the three Justices in the minority, also including Elena Kagan, probably would wish to leave the Court in disgust, but of course, cannot do so, as that would only promote an even more extremist right wing Court.

But it is clear that there are no “happy days” on the Court led by Chief Justice John Roberts, who has clearly presided over a totally disgraceful Court, that will undermine his reputation in the long run of American history!

Donald Trump’s “Wrecking Ball” On The Federal Government!

Ronald 30 Comments

Donald Trump, in just four days in office, has applied the “wrecking ball” on the federal government.

Thousands of civil servants in many different government agencies have been told not to come to work, and have lost access to their offices and websites.

The Civil Service system set up in 1883 under the Pendleton Act is being eviscerated before our eyes.

The plan is to end government agencies, including the Federal Emergency Management Agency (FEMA) created under President Jimmy Carter; the Department of Education, also created under Carter; and radically changing the State Department, Defense Department, the intelligence agencies, and the Department of Justice, all of whom Trump considers to be the “Deep State”.

Additionally, undocumented immigrants and gay and transgender people are subject to threats and lack of protection of basic human rights.

Plans are in place to undermine public education, and promote a right wing agenda on the curriculum, ignoring the reality of American history, and denying the reality of climate change and global warming.

Access to health and medical information is being limited, and if Robert F. Kennedy Jr is confirmed as Health and Human Services Secretary, or even if replaced by some other extremist, the nation will not be ready to deal with future health crises and potential for pandemics, since there is a denial of the reality of disease threats. And any investigation of racial disparities in disease study, and also of health issues involving gays and lesbians, has been halted, an absolutely horrifying scenario!

And Trump is trying to undermine the Constitution by promoting the end of Birthright Citizenship, which is protected by the 14th Amendment, clearly a racist move to limit migration and citizenship of immigrants from Latin America, Asia and Africa.

His proposal to allow a third term defies the 22nd Amendment, and is clearly a power grab by his supporters in Congress.

And his decision to deny continued security to former members of his earlier administration, including John Bolton, Mike Pompeo, and Dr. Anthony Fauci, is an outrage, putting their lives in danger!

But clearly, he only cares about himself, and does not value human life beyond what it can do for his power grab.

And to top it off, the pardoning of known violent extremists who attacked the US Capitol viciously gives these threats to public order the potential to cause more violence and bloodshed, and likely receive future Presidential pardons, so it is like the Brown Shirts of Adolf Hitler!

We are living in a time of right wing radical extremism, which is a threat to the Bill of Rights, the Constitution, the rule of law, and the concept of American democracy.

And at least short term, there is not much of a reaction or counter plans to deal with this crisis which is on the level of a potential equivalent of the Civil War or the Great Depression or World War II in the past of American history!

Donald Trump: No Compassion, Empathy Or Humanity, Just Oriented Toward Revenge!

Ronald 47 Comments

Donald Trump is a wretched human being, a man who clearly is racist, sexist, nativist, misogynist, homophobic, and elements of antisemitism.

Trump is a very disturbed person, who flirts with authoritarian leaders, including Vladimir Putin, and the leaders of other nations with dictatorships.

Somehow, he has a hold on the Republican Party, which refuses to speak out over the years about his outrageous utterances, actions, and illegal and unethical activities.

Now, just two days into his second Presidency, Trump is displaying once again his lack of compassion, empathy, and humanity.

Trump has created a new potential threat with the pardon of all of the January 6, 2021 Insurrectionists.

He has also made clear mass deportation will include raids on churches and schools.

He has eliminated the Spanish language translation on government websites.

He is in process of firing many civil servants in the federal government.

He has demanded an apology from the Washington National Cathedral Bishop, who pleaded with him for the protection of gay, lesbian and transgender people, and undocumented immigrants who have not committed crimes.

He has moved to get rid of birthright citizenship, even though it is in the 14th Amendment to the Constitution.

There are clear signs that he is bent on assuming absolute power, and has totally intimidated members of Congress, who with only a few exceptions, have not been willing to speak out against his actions and intentions.

“Originalism” And “Textualism”: The Battle For The Future Of Constitutional Government Against The Late 18th Century!

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The battle over how to interpret the Constitution in the 21st century is in full swing, with the extremist right wing Supreme Court majority emphasizing “Originalism” and “Textualism” as their basic ideological doctrine!

They want America to be judged by late 18th century interpretations, which means they challenge Alexander Hamilton and his “broad” interpretation of the Constitution.

Hamilton emphasized a broad interpretation, not a strict interpretation, of the Constitution, saying it needed to be a living document.

Even Thomas Jefferson, the original ideological opponent of Hamilton, came to recognize that Hamilton was correct, and so backed away from his original strict intepretation to support the Louisiana Purchase deal with France in 1803, doubling US territory and insuring that no other foreign power would gain further control in North America.

If one is to judge the Constitution by “originalism” and “textualism”, then America should not have had the multitude of changes that has made America a democracy, including among others:

Creation of Cabinet Agencies
End of African American Slavery by Amendment 13
Civil Rights Laws And Amendments (14, 15)
Women’s Suffrage (19)
Federal Government Agencies and Regulations
Federal Income Tax Amendment (16)
Democratizing of the US Senate by Amendment 17
Limitation of Presidential Terms by Amendment 22

This battle is over the future as compared to the limitations of the past, and America has come too far to allow the right wing interpretation to dictate the future of the nation!

Enforcing 14th Amendment, Section 3, Will Eliminate Threat Of Donald Trump Being President Again!

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A simple solution to the threat of Donald Trump running for President again is to enforce the 14th Amendment, Section 3, as passed and added to the Constitution after the Civil War and during the Reconstruction Era.

Congressman Steve Cohen of Tennessee, the Chairman of the Judiciary Subcomittee on the Consitution, Civil Rights, and Civil Liberties has proposed a measure to enforce this section of the 14th Amendment, and Senator Amy Klobucar, Chair of the Rules Committee, has done so in the Senate.

Section 3 of the 14th Amendment reads as follows:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House remove such disability.

The US Attorney General could move to enforce this section of the Constitution before a three judge panel. Such individual would be disqualified from holding public office, once clear and convincing evidence that an office holder or former office holder engaged in insurrection or rebellion. Such individuals would also forfeit all benefits derived from their service in federal office, and would be prohibited from obtaining contracts with the federal government. And a former President would not be considered such for the purpose of receiving benefits under the Act.

Additionally, members of Congress who were involved in inciting and promoting what happened on January 6, 2021, would face the same penalties and lose their rights to serve or gain benefits from their past service!

Mike Pence, A Dozen Republican Senators, And 140 House Members Are Promoting Treason And Sedition!

Ronald 22 Comments

We are about to witness treason and sedition being promoted by Vice President Mike Pence, along with a dozen or more Republican Senators, and at least 140 House Republicans.

What is normally and traditionally a ceremonial counting of the Electoral Vote in a joint session of Congress, presided over by the sitting Vice President, is now becoming a mockery, as Donald Trump contested the result and has lost in every court setting, including twice in the Supreme Court with a Republican majority, including three Trump appointees!

Mike Pence is going along with a challenge in order to promote his own future Presidential candidacy, in the hope that Donald Trump will not run in 2024, and will support him, and the same is the reasoning why Senator Josh Hawley of Missouri and Senator Ted Cruz of Texas are leading a fight that undermines the Constitution and rule of law.

The 14th Amendment, Section 3, makes clear that what these Republicans in Congress and the Vice President are doing is promoting treason and sedition. By all rights, they should all face arrest, trial, and incarceration, as they are provoking dangerous and reckless behavior by Trump and his supporters, leading to likely confrontations, bloodshed, and violence on Wednesday, January 6, and even more seriously, on Inauguration Day, January 20, 2021, when Joe Biden and Kamala Harris are inaugurated President and Vice President.

America is not a banana Republic, but Donald Trump has no issue in burning down the Republican Party, and the future of public safety in the middle of a pandemic worsened by his own lack of concern for human life!

Mike Pence’s job on Wednesday is not to promote his own advancement, but rather fulfill his constitutional duty followed by every Vice President, those on the winning side of an election, but also those on the losing side, as for instance, Richard Nixon in 1961 and Al Gore in 2001.

History will condemn these law breaking Republicans and Mike Pence for the disgraceful actions they are taking, but at the end, Joe Biden and Kamala Harris will be in charge of the government in 17 days!