Constitutional Crisis

Further Reflection: Trump V US Creates Constitutional Crisis Of Massive Proportions!

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This author and blogger, upon further reflection, reverses his earlier assessment today, and has come to the conclusion that the Supreme Court has created a long term constitutional crisis in Trump V US, making the likelihood of an uncontrollable Presidency long term!

The last few days have been a whirlwind, since the disastrous Presidential debate of June 27.

It has turned everything we thought was stable and manageable into a massive crisis, only made worse by the recklessness of the extremist right wing Supreme Court, which has granted shocking executive authority and immunity to the Presidency beyond all past limits!

President Joe Biden just gave a five minute Oval Office Address to condemn the Trump V US Supreme Court decision, but made it clear he would not use that decision to abuse his powers.

Ultimately, what can stop this abuse is the American people voting in November to repudiate the threat of Donald Trump, and it raises the stakes on the Presidential Election Of 2024, clearly the most dangerous moment since the Civil War!

Supreme Court Could Be Repealing The 20th Century In Challenge To 1984 Chevron Case Decision

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Conservative right wing groups are now attempting to repeal the 20th century concept of federal government regulation of the environment, financial markets, public health, and the workplace, in a challenge to the Chevron USA vs National Resources Defense Council case of 1984, decided by a unanimmous 6 member court of Republicans and conservatives.

The decision was written by Associate Justice John Paul Stevens, and agreed with by Chief Justice Warren Burger, and Associate Justices William Brennan, Lewis Powell, Harry Blackmun, and Byron White. All but White were appointed by Republican Presidents. And three Justices did not participate, Sandra Day O’Connor, William Rehnquist, and Thurgood Marshall, with only Marshall appointed by a Democratic President.

So the Court of 1984 had SEVEN Republican appointments, but reasonable Justices, as compared to the present Supreme Court of six Republican appointments.

So the case now being considered is an attempt to wipe out the federal regulatory state–in effect wiping out the Progressive Era of Theodore Roosevelt and Woodrow Wilson; the New Deal of Franklin D. Roosevelt and followup by Harry Truman and John F. Kennedy; the Great Society of Lyndon B. Johnson, and followup by Richard Nixon, Jimmy Carter, and Bill Clinton; and the commitment to further reforms by Barack Obama and Joe Biden! Notice that Richard Nixon is included with this list of Democratic Presidents who promoted federal regulation and reforms, the one Republican, who despite his shortcomings, actually added to federal regulation!

We are at a turning point, where our federal government could be weakened and go back as far as the Gilded Age of the late 19th century by an extremist Supreme Court. This is a constitutional crisis of massive proportions, and puts American democracy at risk!

Donald Trump’s Massive Iowa Caucus Win Demonstrates Threat To Nation!

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For anyone who believes in principle and common decency, last night’s massive Iowa Caucus win of Donald Trump demonstrates the dire threat the nation faces in 2024.

With Ron DeSantis ending up second, ahead of Nikki Haley, it seems clear that Donald Trump is on the way to a landslide nomination, as he is clearly a juggernaut that, seemingly, cannot be stopped, as he won 98 of 99 counties in Iowa and 51 percent of the vote.

Nikki Haley has only one state, New Hampshire, where it seems that she might be able to triumph, but even there, it is not assured, and beyond that, nothing is likely to stop Donald Trump.

The idea that a twice impeached, four times indicted and 91 counts and four trials facing Trump could perform so strongly is mind boggling.

The idea that this dangerous man who has threatened retribution and revenge, and makes clear his plans to be a dictator on Day One, and evokes language of Mussolini and Hitler, is a threat to the nation and the world, makes it clear that America is in a massive constitutional crisis, equivalent of what happened in 1861, when the nation faced the Civil War!

Away For Two Weeks, And The World Changes, Not For The Better! :(

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Having just returned from my vacation with my older son after watching nine baseball games at eight baseball stadiums from Washington DC to Chicago, it is clear while I have been away that the nation and the world have changed, and not for the better.

Russia under Vladimir Putin is in turmoil after a challenge to the government by a militia group, creating more international instability. And demonstrations in France have gone large after the killing of an Algerian Arab French citizen by police, making clear that racism is alive and well in not just the United States but world wide!

And then, domestically, the Supreme Court has shown once again just how extreme they are, and presenting a constitutional crisis, as the Bush I and II appointees, along with the Trump appointees, have declared war on precedent and progress, trying to bring America back to the 18th century “originalism”, which many scholars make clear is totally preposterous!

The majority Court Justices have been shown to have massive financial and ideological conflicts of interest with no means for accountability, and with Chief Justice John Roberts losing all of whatever reasonable reputation he has had over the years, with his refusal to testify on ethics violations by himself and the other Republican Justices, particularly, but not only, Clarence Thomas and Samuel Alito.

Between the attack on abortion rights a year ago, and now the end of affirmative action; the denial of student college debt relief; and allowing religion to interfere with the basic human rights of gays and transgenders, and arguably, other groups that any person in any business or industry could decide to refuse to interact with in daily life, is clearly the most dangerous time in constitutional history since the Civil War!

Extremely Dangerous “Election Deniers” In Midterm Gubernatorial Elections

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The Republican Party has more than half of its candidates for public office in Congress and the Governorships in November 2022 professing to be “Election Deniers”.

It is horrifying to imagine that many of these right wing extremists are likely to be elected.

But three candidates for governorships are particularly extreme in their defiance.

Doug Mastriano in Pennsylvania

Kari Lake in Arizona

Tudor Dixon in Michigan

Matriano’s opponent is state Attorney General Josh Shapiro.

Lake’s opponent is state Secretary of State Katie Hobbs.

Dixon’s opponent is Governor Gretchen Whitmer.

If all three of these extremists were elected, or even two of them, it would make it highly likely that the Presidential Election of 2024 would become a constitutional crisis, as they would work to refuse the possibility of the Democratic Presidential nominee to win the state’s electoral votes, in these three states, which are all crucial in future elections, as they have been in past elections.

Supreme Court Declares War On Environmental Protection Agency

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Republican President Richard Nixon signed into law the creation of the Environmental Protection Agency in 1970, and goes down as one of the best environmental Presidents.

Fifty years later, the Right Wing Extremist Supreme Court has declared war on the EPA, and it indicates the beginning of a direct attack on the “Administrative” state and the “Regulatory” state for the long term.

With the growing global warming and climate change crisis worldwide, the United States is being prevented from curbing carbon pollution from coal and oil.

This is short term and long term suicide for the US and the planet, and can only be curbed, as things stand, by adding members to the Court under a Democratic President.

We are in a constitutional crisis with an extremist, runaway Court out of control, and promoting only what is good for the wealthy upper class, while the middle and lower classes will face the dangers of the damage the Supreme Court is engaged in!

A Half Century Since The Watergate Break In That Brought Down Richard Nixon

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A half century ago, on June 17, 1972, the Watergate Break In occurred, and over the next two years and two months, led to the downfall, the resignation, of Richard Nixon from the Presidency.

The most corrupt and lawless Presidency came to an end, and one would have thought that it would never be conceivable that we would have a future Presidency that could be more corrupt and lawless.

But we are now living through a nightmare that seems to have no end, as Donald Trump remains a threat to the nation and its future!

He has millions of cult followers who are trying to insure that the January 6, 2021 Insurrection, which was horrendous, but ultimately failed in its brazen attempt at a coup d’etat, can be tried again in 2024 and succeed in putting Trump back in the White House, causing the downfall of American democracy!

The elements that back Donald Trump promote antisemitism, racism, nativism, misogyny, homophobia, white supremacy, and Christian nationalism, and represent the worst right wing criminal elements of America!

As we move toward the 250th anniversary of the Declaration of Independence in 2026 and the 240th anniversary of the making of the Constitution in 2027, there is much fear and trepidation over what is clearly the greatest constitutional crisis since the Civil War in the 1860s!

First Session Of January 6 House Committee Hearings Makes Clear Donald Trump Guilt In Insurrection!

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The January 6 House Committee, investigating the January 6, 2021 Insurrection at the US Capitol, had its first public session last night.

It was gripping, detailed, and compelling, and anyone who cares about American democracy would clearly see that there is no doubt of the guilt of Donald Trump in the worst crime ever perpetrated by any President of the United States!

The Republican Party has become a cult around a very sick, demented, dangerous man, with only a small percentage of those in Congress and in state government positions putting the Constitution and rule of law ahead of their own personal ambitions!

Action needs to be taken as the nation is in a constitutional crisis that may be worse than the Civil War, if nothing is done to stop the extreme Fascism that Trump and most Republicans in Congress represent!

The Supreme Court Has Lost All Dignity, Respect, And Legitimacy, And The John Roberts Led Court Will Face Historic Repudiation!

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The Supreme Court of the United States was created in 1789 to judge the constitutionality of all laws and actions, and promote the rule of law.

In recent decades, it has become a weapon of right wing extremism, and has lost all dignity, respect, and legitimacy, and is in the worst constitutional crisis in a century!

The conservative movement to promote an extremist Court will cause a repudiation in history, as they have done great damage in the past generation in such cases as Bush V Gore in 2000 (interfering in the Presidential Election of that year); Citizens United in 2011 (that allowed corporations to be considered people); Shelby County V. Holder in 2013 (gutting of the Voting Rights Act of 1965); and now are almost certain to do in the abortion case before the Court (Dobbs V Jackson Women’s Health Organization).

Never has the Supreme Court taken away a right once granted, as in the case of Roe V Wade, alloing abortions in the first two trimesters of a pregnancy, and including the factors of rape, incest, and the life of the mother.

It is unseemly, and reprehensible, that women are being informed that religious fanatics can interfere with their personal rights to control their own bodies, and it will lead to many self mutilations and suicides by women desperate to end an unwanted pregnancy, often brought about by violence perpetrated by men!

The Chief Justice, John Roberts, will see his reputation as the 17th person to hold that position, sullied and repudiated in history, if he cannot convince at least one other conservative Justice to join him and the three Democratic appointments to uphold Roe V Wade!

The move to add membership to the Court, and promote term limits in the future, will be encouraged to occur, as the Supreme Court has lost whatever halo it has had over the past generations!

The Supreme Court Majority Is Becoming Very Outspoken, Controversial In Actions And Statements!

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The Supreme Court of the United States is supposed to be a nonpolitical body, that balances the law and the Constitution.

Of course, there are, and always have been, so called “liberals” and “conservatives” on the Court throughout its history, but the present Supreme Court with six conservatives and three liberals is badly unbalanced, and it is clear that the Court is the most extreme one sided to the conservative side that it has been since the 1930s, nearly a century ago!

There are three appointments to the Court by Donald Trump (Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett); two appointments by George W. Bush (John Roberts, Samuel Alito); and one appointment by George H. W. Bush (Clarence Thomas).

There are already ethical and moral problems with Brett Kavanaugh and Clarence Thomas, regarding their behavior and treatment of women in their past; and Amy Coney Barrett was rushed through to confirmation more rapidly than normal after the sudden death of Ruth Bader Ginsburg, so that Donald Trump had one more appointment close to the Presidential election, which should have been left to the winner of the election, which turned out to be Joe Biden.

Also, a majority of the Court was chosen by Presidents who lost the popular vote in 2000 and 2016, although the two Bush II appointees actually came in the second term when Bush II did win the popular vote.

And now, since the horrendous decision to allow the Texas antiabortion law to go into effect without a full hearing, taking away a constitutional right of women to control their own bodies, in effect since Roe V. Wade in 1973, the criticism of the Court’s action has led to Thomas, Barrett, and now Alito to issue political criticisms which are not appropriate for Supreme Court Justices. They should NOT be making public statements, no matter what they are thinking, but they clearly are on the defensive and have politicized the Court by their utterances, as well as their actions.

It is not surprising, therefore, that the reputation and public opinion rating of the Supreme Court has declined radically in the last few years, and particularly in the present year of 2021!

The Supreme Court is moving far to the Right as the nation is clearly moving to the Left, in a nation in which the white majority is rapidly declining, and will be the minority (under 50 percent) by 2045 at the latest.

So a constitutional crisis is at hand, and there is the danger of a future 7-2 conservative Court, with Stephen Breyer refusing to consider retiring at age 83, claiming he does not plan to die on the Court. This is a preposterous statement, and could end up denying Joe Biden any Supreme Court selection if a Democratic Senator dies or is incapacitated, or if the Senate goes Republican in the midterm Congressional Elections of 2022!