Federal Courts

Joe Biden Needs To Use Executive Orders Vigorously To Overcome Stalemate In Congress

Executive Orders have been part of American government, and often are controversial.

It is clear that President Elect Joe Biden will use this authority extensively to backtrack and reverse many of the Executive Orders put forth by outgoing President Donald Trump.

This use of executive orders has been escalating in recent years as Congress has become more difficult and intransigent, forcing Presidents to take action, which sometimes is challenged in the Courts, but often is not successful in negating what Presidents have initiated.

It seems clear that Biden is likely to use executive orders on such matters as

Climate Change
Covid 19 Pandemic
Racial Injustice
Economic Depression
Health Care Reform
Immigration Reform

There will be opposition, but Joe Biden has done better in popular vote support than when Harry Truman, John F. Kennedy, Richard Nixon, Jimmy Carter, and George W. Bush were elected, and these are crisis times, which calls for strong leadership by the 46th President!

The Economy Over Character And Morality: The Typical Trump Supporter

It is very disconcerting that a large percentage of Donald Trump supporters admit they do not like his tweets; wish he would stop uttering a lot of his controversial comments and promotion of divisiveness; and yet still support him, all because of the stock market being up, and their 401 Ks being better, and many wealthy people getting massive tax cuts.

So economics, the evil of money, dominates them, and if Trump takes us into a war; or is destroying environmental laws; or undermining consumer protections; or is flirting with authoritarian leaders; or is destroying our traditional alliances with democracies; or is threatening civil liberties and civil rights; or is mistreating migrant children and undermining their physical and emotional health long term; or is out to destroy all regulations of corporate practices; or is turning our court system back to the Gilded Age; or is working to destroy all the good that came out of the New Deal of FDR and the Great Society of LBJ; well, that is not important as long as one’s economic prosperity is greater.

The fact that the economy being in good shape is due to the amazing revival under Barack Obama, and would most certainly have continued under Hillary Clinton, is often denied by such people. And they clearly do not give a damn what happens to the nation, as long as they, personally, are doing well economically. Nothing else matters, as this is a case of ME, MYSELF and I, and nothing else.

So character and morality and the harm being done to America does not matter as long as one is economically better off personally, so to hell with what is good for America!

What could be more despicable than that? But remember, a similar mentality existed in Nazi Germany in the 1930s, and look what it led to!

The Federal Court System Is Going Back To 19th Century Mentality With Mediocre Trump Appointees Unwilling To Accept “Stare Decisis” On Major Issues Supposedly Settled, And Undermining American Democracy

America is in danger of seeing the federal court system being hijacked by President Donald Trump, Senate Majority Leader Mitch McConnell, and the Republican Party, and putting us back in the late 19th century “Gilded Age”, where unregulated capitalism prevailed; segregation reigned; labor was victimized; the environment was being destroyed by industrial waste; and women had no basic legal rights.

Many Trump appointees to the lower federal courts are totally incompetent, and only placed in their lifetime positions to undermine all of the progress brought about under many different Presidents and Congresses in the past century to advance human rights.

Trump appointees seem ready to defy “stare decisis”, the concept of past precedent having a major impact on many areas of the law, when cases comes to the Supreme Court and other federal courts.

So we may be seeing the end of abortion rights for women; denial of equality of racial and religious minorities; refusal to promote a more fair justice system; treating gays, lesbians and transgender in a discriminatory manner; and the reassertion of unregulated corporate power.

“Pampered, Spoiled Brat” Ready To Commit Symbolic “Reichstag Fire” Action Of Declaring National Emergency That Does Not Exist To Seize Power: Beginning Of End Of Trump Presidency

Donald Trump is about to abuse power in a way that no one can doubt the danger and the threat that he represents.

A non-existent national emergency at the US-Mexico border is about to be used as the excuse for committing a “Reichstag Fire” action by a man who inherited $200 million from his father, and is as Joe Scarborough said this morning, a “pampered, spoiled brat” who acts like a toddler in office, and is clearly mentally deranged and demented, and is a threat to the United States population and the Constitution.

Complicit in this abuse are Republicans in Congress, including Lindsey Graham, Mitch McConnell, Kevin McCarthy, Steve King, and all of the House Freedom Caucus members, as well as Fox News Channel and its talk show hosts, including Tucker Carlson, Sean Hannity, Laura Ingraham, Judge Jeanine Pirro, and Michelle Malkin, and talk radio hosts, including Rush Limbaugh, Mark Levin, Michael Savage, and rabble rousers such as Ann Coulter.

It is clear that Donald Trump is out to destroy the federal government and its agencies, after setting out to destroy the news media, law enforcement and intelligence and national security agencies, and undermining the judiciary with unqualified, incompetent and corrupt appointees to the federal courts. He will not be satisfied until he has finished the job of helping Vladimir Putin destroy America’s relationship with its allies, and undermine America’s domestic policy, and sow racial, religious, and ethnic hatred, and promote anti women and anti gay policies, in the name of white male supremacy.

At a time when federal workers are struggling to survive without paychecks; when people in Puerto Rico and in California are in need of national emergency support for natural disasters in the name of hurricanes and forest fires; when we have dire need for promotion of infrastructure spending, health care, education, and so many other needs, Donald Trump is declaring war on American democracy.

Donald Trump must be stopped from his abuse of power, and it is assured that the courts will rule against him, and the Congress will expose his human rights crimes against immigrants and children, and his nasty, mean spirited lack of empathy for human suffering.

The man is a cancer on the American system of government, and the crime of collusion with Russia will be further exposed when Michael Cohen testifies before Congress in February.

Meanwhile, if Donald Trump declares the equivalent of martial law to protect himself, mass demonstrations and demands for his removal from office must begin, as we face the greatest constitutional crisis since the Civil War, much worse than the Watergate Crisis under Richard Nixon.

May responsible conservative writers and commentators have joined liberals in denouncing the authoritarian bent of Donald Trump, much closer to Fascism than many realize.

We are likely to see crises arise, in such agencies as air traffic control, Transportation Security Administration, Immigration and Customs Enforcement, the Secret Service, the Federal Courts, the Internal Revenue Service, the Food and Drug Administration, the Environmental Protection Agency, and many other agencies. All are part of the protective nature of our federal agencies which are now crippled, as we have a longer government shutdown than ever before in American history.

The office of the American Presidency has reached a stage of being an Imperial Presidency run amuck, much worse than Richard Nixon represented, and Donald Trump must be stopped in his abuse of power for the survival of constitutional government, and sooner, rather than later.

Gerrymandering, Creating Barriers In Many States To Vote, And Changing Census By Adding Citizenship Question, All Designed To Help Republicans Overcome Future Diversity Of American Population!

The Republican Party has dedicated itself to using every possible method, no matter how unethical it is, to keep themselves in power, by curbing voting by racial minorities the poor, and college students, knowing they would be unlikely to gain the support of such groups in the voting booths.

So they have utilized gerrymandering to create districts that will always favor the white majority in as many congressional districts and state legislative districts as possible, although some such gerrymandering schemes have started to be repudiated by state and federal courts recently.

They have created as many barriers as possible to different groups being able to vote, as a result of the backtracking of the Supreme Court in 2013, on the enforcement of the Voting Rights Act of 1965 under President Lyndon B. Johnson.

And now, they are trying to mandate a 2020 Census question on citizenship, designed to insure that undocumented immigrants will not fill out the census forms, out of fear of deportation.

All this, being challenged, will lead to the downfall of a party that has lost all morality and ethics, and many decent Republicans and conservatives outside of government positions have already done so.

The future diversity of the American population toward a non white majority within about 25 years is certain, and the Republican Party is fighting a losing battle in that regard!

Principled Conservatives Who Oppose Trump: Ben Sasse, Evan McMullin, Bill Kristol, Peggy Noonan, David Frum, George Will, David Brooks

Only two weeks and three days into the Trump Presidency, and many principled conservatives are clearly opposing Donald Trump, and speaking out against him.

This includes Senator Ben Sasse of Nebraska; independent 2016 Presidential candidate Evan McMullin; Weekly Standard Publisher and Editor Bill Kristol; former Reagan speechwriter and columnist Peggy Noonan; former Bush II speechwriter and columnist David Frum; conservative columnist George Will; and NY Times columnist David Brooks.

And this is just the tip of the iceberg, so to speak, as these and others in the conservative movement and in the Republican Party in and out of Congress are horrified by his unconstitutional actions and rhetoric, and signs of a growing Fascism directed by White House aides Stephen Bannon, Stephen Miller, and National Security Adviser Michael Flynn.

There are hints that people working in the White House and in the Cabinet agencies are uneasy and disturbed, and it is possible we might have some prominent figures announce their split with their boss and his dangerous extremists who are taking charge and putting the nation in danger as a result, both in domestic and foreign policy.

With the immigration travel ban being contested now in the federal courts, we may be on the way to a quick movement to force Trump out of office for violating his Constitutional oath of office.

The nation and the world are standing by in trepidation as to how much damage Trump has wrought and will continue to do so.

Reince Preibus Has It Right: The Republicans Are “Cooked” If They Do Not Win The White House In 2016!

The Republican National Chairman, Reince Preibus, said yesterday that the Republicans are “cooked”, if they do not win the White House in 2016, and for once, he is absolutely right!

The Presidency is the prize for a political party, and even with control of one or both houses of Congress, the party is stymied if it has an “unfriendly” Chief Executive.

The Republican Party is self destructing by allowing its extremist right wing Tea Party element to dictate its actions and principles, and they are proving how incompetent and useless they are with the worst record in American history of production during the 112th Congress (2011-2012), the 113th Congress (2013-2014),  and now the 114th Congress (2015-2016).

And its Presidential candidates are pitiful, and the party is allowing three people with ZERO government experience to be the front runners for the Presidency, all of whom would be absolutely horrible Chief Executives, and with Donald Trump and Dr. Benjamin Carson, in particular, a very scary scenario, as both seem to be mentally unbalanced with their behavior and utterances.

But the remaining office holder Republicans running for President, in most cases, are no better, stating ridiculous and outrageous ideas and beliefs, including such candidates as Rand Paul, Mike Huckabee, Rick Santorum, Ted Cruz, and Bobby Jindal.

The clear cut reality is that the Republicans will NEVER win the White House again if they persist in their misogyny, racism, nativism, Islamophobia, and homophobia, along with consistent attacks on labor and the environment.  And if they lose the White House, they lose the ability to affect the Supreme Court and lower federal courts, and this means progressive appointments to the courts for the long term, transforming American history, and weakening conservatism for the long haul.

So Preibus is correct, the GOP is “cooked” if they lose the 2016 Presidential election, and most assuredly, they are on the road to such disaster!

Hillary Clinton Comes Out Fighting, Evoking Franklin D. Roosevelt On Roosevelt Island

Hillary Clinton began her Presidential campaign officially on April 12, the day that Franklin D. Roosevelt died in 1945.

She began her aggressive, active campaign today, June 13, on Roosevelt Island in New York, evoking the New Deal of Franklin D. Roosevelt, and came out fighting to make America a better place than it has been under Republican leadership in Congress, and the disastrous Republican field of Presidential candidates.

Just as Hillary inspired people when she spoke in Texas recently about enforcing the right to vote, which has been worked against in Republican controlled state governments, when Hillary gets out on the stump, she gives people new hope that she can be an outstanding Presidential candidate; defeat whichever GOP candidate survives the upcoming campaign; and emerge triumphant and successful as the 45th President!

Hillary has faults and shortcomings, as she herself admits; and she said she knew she would make mistakes as any candidate, any human being would, but that she would always be fighting for the middle class, and for those left behind, meaning the poor and disadvantaged, as well.

That is the message we want to hear from Hillary Clinton, and while Bernie Sanders and Martin O’Malley and Lincoln Chafee offer more “liberal” alternatives to Hillary in the Democratic Presidential race, and are all decent and inspirational in nature, the odds are still that Hillary will win and carry the mantle of the Democratic Party into November 2016.

And ultimately, the issue is not whether Hillary is “liberal enough”, but the future of the federal courts, and particularly, the Supreme Court, as that will be the most lasting impact of the next President of the United States.

We cannot allow a reactionary, right wing Republican gain control of the future of the Supreme Court, as that would condemn much of what Democratic Presidents have achieved in the past century since FDR!

The False Glamor Of Secession: The “Red” States, Quebec, And Scotland

The concept of secession has become a key word in society when there are discontented people who somehow believe central government in a democracy is evil, because it will not allow them to pursue their prejudices.

So we have, more in the past than right now, the glamor of secession that has been promoted by French speaking Quebec to overcome the English influence in the rest of Canada, although Quebec would be in very poor economic shape if it did secede.

We also have the move for Scotland to secede from the United Kingdom, breaking away from England, Wales, and Northern Ireland, but in reality, that would impoverish Scotland.

And then we have the “Red” states, particularly those in the South, but also including the Southwest and the Great Plains, who dream of secession, mourning the failure of secession during the Civil War.

And yet, it is these “Red” states that are, by far, the poorest states in America, and get loads of benefits from the national government that they profess to hate!

It seems more the reality that these people living in the “Red” states who wish secession are purely ignorant, lack education, and have no clue as to how much they benefit from the federal government, so they are spiting themselves with their own stubbornness.

But really, what it comes down to is that they resent the inability to discriminate freely against African Americans, Latinos, women, and gays, due to federal laws and intervention by federal courts.

These states claim to be “devout” and “religious”, but actually are far from being so, as they lack all ethics and morals that true religion teaches!

These states have many people who wish the 19th century was back, when men dominated women, whites dominated over African Americans, and a small plantation elite controlled all government, much of it in the national government, until that “evil” man, Abraham Lincoln, came along and reasserted the basic teachings of the Founding Fathers, that this was a nation of freedom, liberty, and justice, even though many of the Founding Fathers practiced hypocrisy and deception themselves, but knew it was wrong! The Civil Rights Movement had begun with the end of slavery, a long, hard fought battle still being waged!

Lincoln opened up a new concept of America, and he would see leaders in the 20th century, including Harry Truman, Dwight D. Eisenhower, John F. Kennedy, and Lyndon B. Johnson assert federal authority in the manner of Lincoln, revolutionizing the two political parties. The Democrats would become the Republicans of the Civil War in principle, and the Republicans would become the old, prejudiced Southern Democrats, fighting against equal opportunity and justice.

Meanwhile, the people of the “Red” states became victims, who were appealed to on the basis of fundamentalist religion, which had worked against integration of the races, and wanted to keep women down in a subservient position, and worked against promotion of equality for gays and lesbians, even though they had such people in their own midst, preaching one thing and conducting their lives as the opposite, pure hypocrisy!

Once the struggling people of the “Red” states realize they have been victimized by religious and political propaganda, the Republican Party will be as dead as a doornail, as it is a party based on pure hypocrisy and lack of basic principles of the party they created 160 years ago!

The “Nuclear Option” On The Filibuster: Necessary Action!

The Republican Party in the Senate has abused the filibuster in a way never seen even in the civil rights era, when Southern Democrats worked to block civil rights legislation.

They have now stopped a vote on three nominees to the DC Court of Appeals, arguably the most important court outside the Supreme Court.

So the indications are that Senator Harry Reid, the Majority Leader, will invoke the threatened “nuclear option”, which would change Senate rules and allow a vote on a nominee as long as 51 Senators, a majority, rather than the present 60, support such a vote.

Moving in this direction could hurt the Democrats someday when the Republicans control the chamber, but the total paralysis on appointments, not only to the courts, but to executive appointments as well, leaves Reid and the Democrats no alternative.

It is a regrettable action, but something that needs to be done!