Supreme Court

Eleven Years Since Greatest Blunder In Modern American History: The Iraq War!

Eleven years ago today, America went to war in Iraq on the false premise that there were weapons of mass destruction there, which did not exist!

It is clear that George W. Bush, Dick Cheney, and Donald Rumsfeld KNEW that fact, but they convinced Colin Powell to speak before the United Nations on a lie that he was not privy to, took advantage of his far greater stature than any of them had!

The Iraq War led to 4,400 American dead, and over 30,000 wounded, with many losing limbs or part of their skull, and many having mental and emotional trauma which continues today!

It led to the longest war in American history, except for the Afghanistan War, which was put on the back burner, and still goes on today, making both wars total failures, but another 2,000 killed in that war.

It did not create a stable Iraq, but killed at least many hundreds of thousands in Iraq, if not a million or more.

We spent a lot of treasure, helping to double the national debt under the Bush-Cheney regime.

We allowed ourselves to engage in war with Iraq, when Iran was the much bigger threat, and remains so in 2014.

We also gave the excuse for Vladamir Putin of Russia to invade and take over Crimea, as allowed under international law, because, after all, we had claimed the right to invade a sovereign nation in a war of choice, a preemptive war, making us no better than past aggressors, who attacked without a direct provocation.

Many feel that George W. Bush, Dick Cheney, and Donald Rumsfeld are international outlaws, and it is clear that if it were possible to arrest them, they could be tried on human rights abuse at the International Court of Justice in the Hague, the Netherlands!

Of course, that will not happen in reality, but this is not something that should be overlooked as an example of what happens when the wrong people are put into power, particularly with the reality that George W. Bush did not win the popular vote in the Presidential Election of 2000, but won the court case that was decided on party line vote in the Supreme Court, a majority which had been picked by Republican Presidents!

History will not judge the Bush Presidency well, and no matter what the Republican Party of 2014 does to sweep the past under the rug, the truth will win out, and it will not be pretty!

What If The US Senate Goes Republican In 2014? What Would Be The Effects?

The battle for the majority control of the US Senate is in full swing, with the Republicans needing to pick up six seats in order to gain control in the MIdterm Elections of 2014.

The odds are seen as good, IF the establishment Republicans coming up for reelection are able to hold off the Tea Party challengers they face in primaries.

The Democrats are on the defensive, since about two thirds of the seats up in 2014 are Democratic, and particularly in the South, the small number of Senate Democrats from that section are under assault.

This blogger will examine the Senate races over time, but right now, the key issue is the effect IF the Senate goes Republican.

The likely scenario would be the following:

The Senate would work against any immigration reform.

The Senate would block any attempt at any gun regulation

The Senate would be likely to attempt a block of any Supreme Court nominees of President Obama, and probably battle more than ever over any judicial appointments at the lower levels of the courts, along with clear opposition to Presidential appointments to the cabinet or other key positions.

The Senate would probably help to encourage a Republican House of Representatives to draw up charges of impeachment against President Obama, but would be unable to gain a two thirds vote in the chamber, to convict and remove him from office.

Senate attempts to override Presidential vetoes would become more common, but the President would continue to have the advantage in that regard, as gaining a two thirds override is highly unlikely.

Overall, more gridlock and stalemate would occur, and more disillusionment with our national government would grow, and cause a likely return to Democratic control of the Senate in 2016, when Hillary Clinton or any other Democratic nominee wins the White House!

Suddenly, Joe Biden Makes It A Race With Hillary Clinton For 2016!

Here many thought that the Democratic Presidential race for 2016 was over, and that Hillary Clinton would saunter to the nomination without opposition.

True, that former Montana Governor Brian Schweitzer and Maryland Governor Martin O’Malley were hinting that they might challenge Hillary, but the thought was it could just be an attempt to gain some publicity, and hope that Hillary would not run, giving them the edge simply on intention to run.

Well, forget about that, as Vice President Joe Biden has made it clear that he does not wish to be ignored or overlooked, and that IF he decides to run, it will not be affected by what Hillary does. After all, even good friends compete in life, right? Biden does not want to be seen, certainly at this point, as a “lame duck”, still wanting to be seen as significant and in the game for the next three years as Vice President and beyond.

When one thinks about it, since Richard Nixon, it has been assumed, and often the fact, that a sitting Vice President was seen as a likely successor to the President he served, at least for the nomination. Richard Nixon, Hubert Humphrey, Gerald Ford, Walter Mondale, George H. W. Bush, and Al Gore all became Presidential nominees after serving under Dwight D. Eisenhower, Lyndon B. Johnson, Richard Nixon, Jimmy Carter, Ronald Reagan, and Bill Clinton. Nixon and Bush became President, while Humphrey, Ford, Mondale and Gore failed to win the Presidential elections after they were nominated by their party. Only Dick Cheney never considered running for the Presidency, after being Vice President under George W. Bush. Even Spiro Agnew, before he was forced to resign due to scandal, was perceived as the likely successor nominee to Richard Nixon, and the same for Dan Quayle under George H. W. Bush, who tried and failed to win the Presidential nomination in 1996.

So the idea of Biden wanting to run is not at all out of the norm, and when one looks seriously at Joe Biden’s record in public life, all one say is WOW!

The reality is that NO Vice President has EVER had the wealth of experience in public office of Joe Biden!

BIden served 36 years in the Senate, and will have had 8 years in the Vice Presidency, for a total of 44 years in public service by 2016.

Biden is a well liked, admired, gregarious, public figure, even if one does not agree with his viewpoints and record.

It is well known that Biden can build bridges with the Republican opposition, and that Speaker John Boehner and Senate Minority Leader Mitch McConnell like him, work well with him, and that Joe Biden has helped to resolve differences on many issues for the Obama Administration. Biden has been a major player and influence over policy and strategy for President Obama, and has been a loyal soldier when his viewpoints have lost out in the cabinet and national security meetings.

Joe Biden has chaired the Senate Foreign Relations Committee, and his expertise in foreign policy, and his knowledge of, and relationships with foreign leaders make him invaluable in dealing with national security and defense issues. He was often thought of as a possible Secretary of State and Secretary of Defense in the past, due to his brilliance in these areas of such great importance to America’s future.

Joe Biden has also chaired the Senate Judiciary Committee, and his knowledge and understanding of constitutional matters and the Supreme Court, make him invaluable on legal controversies, including his advocacy of gay rights and gay marriage ahead of most politicians who have served in Congress or the executive branch.

Joe Biden is a leader, who if he were President, would be able to get things done much more easily, and is a “wheeler dealer” in the mode of Lyndon B. Johnson, but with a more kind and caring edge than the former President, who could be quite brusque and crude at times.

Hillary Clinton has great background and experience, but on pure years and accomplishments, she cannot match Joe Biden, and in fact, NO ONE in public life can do so!

The major shortcomings of Joe Biden are:

His age, which will be 74 and two months if he took the oath of office in 2017, making him the oldest first term President, and in theory, the oldest President altogether, if he had two terms, and left office at age 82 and two months.

His health, the question whether it would hold up, as he had serious health issues in 1987, due to an aneurysm, which required brain surgery, and his son, Beau Biden, the Delaware Attorney General, suffered a similar health crisis a few years ago, also recovering, but making it seem to be a genetic problem, which could arise, although health issues could also arise for Hillary Clinton, and really, for any Presidential candidate or winner of either party at any age!

His tendency to say embarrassing, or sometimes, purely stupid comments, although one could argue all of us do that, but when in high office. it can have reverberations, and there are critics who keep lists of “Bidenisms”, but they do NOT match the moronic nature of comments made by Sarah Palin or Michele Bachmann or Louie Gohmert in the present, or Dan Quayle in the past!

One thing is certain: If Joe Biden were to become President, we would have one of the most lively, colorful, dynamic Presidencies, with Biden being very warm, genuine, sincere, caring, and yet hard nosed enough to get things done and read the “riot act” on his own party members to get things done!

It would be nice to see such a Presidency, which would be inspiring in so many ways.

Having said all of the above, it is clear that if Hillary Clinton runs, she is likely to be the Democratic nominee.

If she chooses not to run, then Joe Biden is the odds on favorite for the Democratic Presidential nomination.

However, if Hillary does not run, or even if she does, it is likely that a “younger generation”, an idea advocated by this blogger in entries before now, are likely to enter the race and make it interesting, including the already named Schweitzer and O’Malley, and if Hillary bows out of the race, possibly Massachusetts Senator Elizabeth Warren, Minnesota Senator Amy Klobuchar, New York Senator Kirsten Gillibrand, New York Governor Andrew Cuomo, and Virginia Senator Mark Warner.

The Arizona Anti Gay Law: Unconstitutional And Reprehensible!

Arizona has made quite a name for itself in recent years, being the infamous state that passed the toughest anti immigration bill, SB 1070, in 2010, causing an uproar, and eventually having several major provisions of the law being declared unconstitutional by the Supreme Court, while keeping some parts of the controversial law, and hurting Arizona tourism and public image irrevocably.

Now Governor Jan Brewer has until Tuesday to decide whether to sign a new anti gay law, that allows all public services to be denied gay and lesbian people, if the people providing the services choose not to deal with them on religious grounds. Business owners could declare their opposition to homosexuality, and refuse to give service to such customers.

Such a law is unconstitutional and reprehensible, as one’s religious beliefs do not and should not include the right to discriminate against anyone!

If such a law was to be upheld, it would, effectively, make gays and lesbians second class citizens, a sexual “apartheid”, a group that would be denied public services on the basis of someone claiming to be a “good” Christian, when there is absolutely no way that the teachings of Jesus Christ could be interpreted as promoting hate and prejudice against ANYONE!

If this could be allowed, then why not refuse services to Jews, African Americans, Latinos, disabled people, women, the elderly, etc? The Civil Rights Act of 1964 would be upended, precisely 50 years after its passage!

Anyone can be anti gay, or anti African American, or anti Jewish, or anti Latino, etc in their THOUGHTS, as no one can control that, but NO ONE should EVER be able to use religious orthodoxy to discriminate, mistreat, condemn in their public activities regarding such people!

If one wishes to work with the public, one MUST serve ALL Of the public, whether one likes it or not!

Otherwise, imagine the tow truck driver who will not give service to a driver who has a flat tire; or the pharmacist who will not give service to a customer for a prescription; or the nurse who will not give medical services in a hospital to a customer on religious grounds; or the gas station attendant who will not allow a person to buy gasoline; or any business owner in any type of store dealing with the public who refuses service, including the much discussed cake maker who will not bake a cake for a gay couple (but could also be a Jewish couple, or a interracial couple)!

Realize also that many “straight” people could be wrongfully tagged as being gay or lesbian. There are people who may seem effeminate in gesture or voice who are NOT gay or lesbian. There are people who may dress a certain way that makes some people think they are gay or lesbian. There could two men or two women, with or without kids, who some might think are gay and lesbian, but are not. The fact that a majority of gay men and women do not “act” gay or lesbian (whatever that prejudicial feeling is supposed to be), makes the whole idea of discrimination even more outrageous and despicable!

This is not the Russian Federation, nor Nigeria, nor Uganda, all nations where right wing evangelicals have campaigned to pass anti gay laws! It is the United States of America, and we cannot tolerate ANY such prejudice or mistreatment in the United States!

Any professional, as in medicine, for instance, who would refuse to serve anyone on the basis of religion, should have his or her license to practice taken away, as he or she is violating the Hippocratic Oath to serve all people!

This is a time to crack down and make clear that there will be NO tolerance of any prejudice or discrimination by anyone, that it will lead to legal action, prosecution, and punishment within the limits of the law!

There is no room for bigotry in American, based on so called religious principles, in America in the year 2014 and beyond! It is time to crack down once and for all!

FDR’s Worst Domestic Mistake: 72nd Anniversary Of Japanese American Internment Order

Franklin D. Roosevelt is rated in most polls of scholars as our second greatest President, right behind Abraham Lincoln, or if placed third, behind George Washington as well.

FDR did so much good for us in the years of the Great Depression, with his wide variety of New Deal programs, and he also took us through the travails of World War II.

But he made a horrible mistake, when he issued Executive Order 9066 on this day in 1942, 72 years ago, allowing the building of prison camps, specifically for Japanese Americans, but also for some German Americans and Italian Americans, on the basis that they might be a “Fifth Column” working for the nation of their family’s origin.

About 110,000 mostly Japanese Americans were locked up in internment camps, and if they tried to escape, were shot and killed by guards. They were kept there until the middle of 1945, for no crime other than their ethnicity.

Many of the young Japanese American men went off to fight in Europe in World War II, and won more medals, honors, and awards for their bravery in battle, than any other unit of the war effort.

It took until 1988 for President Ronald Reagan to sign legislation granting compensation to the approximate 50,000 such victims still alive.

On the 31st anniversary of Executive Order 9066, President Gerald Ford signed legislation in 1976, declaring that executive order null and void for the future, with the memory of the miscarriage of justice that had been visited on Japanese Americans.

Never again should any such executive order be issued against any ethnic, racial, or religious group, but one can be sure that there are many right wingers who would love to do the same to our Muslim population, or our Latino population.

This mistake by FDR, giving in to hysteria, was upheld shamelessly by the Supreme Court in Korematsu V. US in December 1944, a low moment for the Court, but not the only one it has done in its long history!

Civil liberties of people should never be breached in the name of hysteria and panic!

Federal District Court Judges And Same Sex Marriage Bans Collapsing!

The move toward same sex marriage churns on, with federal judges having utilized the 14th Amendment in four “Red” states in the past two months now to end the discrimination against gays marrying.

So on Valentine’s Day, it now looks more evident than ever that a national Supreme Court decision is in the offing, with Associate Justice Anthony Kennedy, who wrote the majority decision in Lawrence V. Texas in 2003 igniting the gay civil rights movement, likely to be the fifth and decisive vote in any case that goes to the high Court!

Who would ever have thought that Utah, Oklahoma, Kentucky, and now, newly turned “Blue” Virginia (the state of the Loving V. Virginia interracial marriage case in 1967), would see such rapid action to defy the bigots and the haters?

The federal courts have been the herald of the future in so much of modern history, as with Brown V. Board of Education on racial integration, and Roe V. Wade on abortion rights, and Lawrence V. Texas on gay rights, and the courage of federal district judges across the nation to push the Supreme Court toward a final determination of same sex marriage is an indication that often we have to leave it to appointed judges to lead us to our better side of human nature, the ending of discrimination and injustice!

Sadly, we see right wing evangelicals, Catholics, and Mormons fighting a rear guard action, which only makes one realize the evils of these organized groups that have in the past been on the wrong side of many moral and ethical issues, overlooking slavery, segregation, women’s rights, and now gay rights. This is a losing battle long term, and these groups fighting against progress and human rights will pay the price in loss of membership by their willingness to fight a battle that is already lost!

Three Significant Events In 24 Hours 41 Years Ago!

Forty one years ago, on January 22-23, three significant events occurred, all of which had a massive effect on the history of the United States!

Lyndon B. Johnson, the architect of the “Great Society” domestic reform programs, the greatest since the New Deal of Franklin D. Roosevelt, died at age 64. Much of his Great Society remains part of our lives today, including:

Civil Rights Act of 1964
Voting Rights Act of 1965
War On Poverty (some elements of the program)
Medicare and Medicaid
Federal Aid to Education
Environmental Laws
Consumer Protection Laws
National Public Radio and PBS

Additionally, just hours after his death, the Vietnam War came to an end by a peace agreement in Paris, ending the combat role of American troops after twelve years of war under John F. Kennedy, Lyndon B. Johnson, and Richard Nixon. The war had divided us, and still has an impact on the veterans of that war today, but at least the US now has diplomatic relations and trade with Vietnam, something that seemed impossible to imagine four decades ago, after the loss of 58,000 Americans in that war, and over a million or more in Vietnam itself.

The third event that transformed us was the Supreme Court decision in Roe V. Wade, allowing women control of their reproductive lives and their bodies, in the first two trimesters of pregnancy, as well as promoting contraception to avoid pregnancy.

The so called “Pro Life” movement, really anti abortion, has worked very hard to limit the rights of women, trying to cut the period of allowance of an abortion to as low as six weeks in Arkansas and 12 weeks in North Dakota, as well as 20 weeks in many other states, but thankfully, federal district court and circuit court judges have prevented the enforcement of such illegal limits. But the battle for women’s rights goes on.

So January 22-23, 1973, was indeed a very big day, a moment in history of tremendous significance!

The Most Significant Long Range Events Of 2013

Now that we are in the last day of 2013, it is time to reflect on what the most significant long range events of 2013 are, events that will affect us in the future, and are signs of progress, which can never be reversed.

They include in no special order:

The accomplishment of national health care, a dream since Theodore Roosevelt first mentioned the concept in his Progressive Party campaign in 1912, later suggested by Harry Truman, partially enacted by Lyndon B. Johnson, attempted by Bill and Hillary Clinton unsuccessfully, promoted by Senator Ted Kennedy, and finally becoming law under Barack Obama. Even with all of the kinks and quirks now and in the future, national health care is here to stay, finally making America reach the stage of all other democracies in the world, but as usual the last to adopt social and economic reform, as compared to Europe, Canada, and Australia.

The acceptance by the Supreme Court of the concept of gay marriage, and the expansion from nine to eighteen states of acceptance of same sex marriage, and nothing will ever reverse what has happened, and eventually, the Supreme Court will mandate its legality throughout America, just as they did for interracial marriage in 1967. Many may not like it, but just as with interracial marriage, one does not have to engage in either interracial or same sex marriage, but it is nobody’s business to tell someone else who he or she is to love and to have the benefits of marriage, and no religious institution needs to accept it, as civil marriage will always be available.

The civil war raging in the Republican Party, which will determine if the party of Lincoln, TR, and Ike will survive or go into the dustbin of history, which Is certain, if the right wing Tea Party Movement is allowed to take over the party apparatus, and control the House and Senate Republican caucuses, and control major state governments around the nation. An extreme right wing Republican Party will not survive, and will give the Democrats such dominance that a moderate centrist party, maybe on the pattern of the Whig Party of Henry Clay, Daniel Webster, John Quincy Adams and Abraham Lincoln in the 19th century, will then emerge as a valid alternative to the more leftist Democratic Party by comparison.

The rise of a permanent Democratic majority in the Electoral College, as Georgia, Texas, Arizona and North Carolina will turn “blue” over the rest of the second decade of the 21st century, due to the growth in the Hispanic-Latino population, and the alienation of women from the Republican Party, which is working to control the reproductive lives of women. Both groups will swing these Sun Belt States to the Democrats, and with the Atlantic Coast from New England down to Virginia, and the Pacific Coast and the Upper Midwest more “blue” all of the time, there will be no way that Democrats will lose the White House over the next couple of decades, whether they nominate Hillary Clinton or Joe Biden, or someone else, for the Presidency in 2016 and beyond.

The Supreme Court will turn more liberal, as over the remaining years of this decade, the likelihood of new Supreme Court appointments, as well as circuit and district courts, will fall to Democratic Presidents, who no longer have to worry about a filibuster proof majority of 60 votes. The need for only 51 votes or 50 with the Vice President breaking the tie, insures that the courts, and eventually the high Court, will take a different view over time on same sex marriage, abortion rights, civil rights, and civil liberties, reminding one over the next two decades (due to lifetime appointments) of the history of the Warren Court.

A happy 2014 to all my readers and contributors!

The Most Pleasant Stories Of 2013 Vs. The Most Disturbing Stories Of 2013

2013 is coming to an end, and as always, there are stories and events that are very pleasant, and also those which are very disturbing.

The most pleasant stories of the year include in no particular order the following:

The Rise of Pope Francis, invigorating and reforming the Catholic Church, with his message of inclusion, compassion for the poor, and condemnation of unbridled capitalism.

The victory of Bill DeBlasio as Mayor of New York City, promoting a change in policy in a city which has catered to the wealthy, and ignored the poor and middle class.

The doubling of states which permit same sex marriage from nine to eighteen, and the growing acceptance of the American people to tolerance on the topic.

Senate filibuster reform on Presidential appointments, which allows the President to gain the people he wants for executive and judicial appointments, a right of any President, but prevented by Senate Republican intransigence.

The most disturbing stories of the year include in no particular order the following:

The Congressional deadlock caused by the Tea Party Movement in the Republican Party, including the government shutdown and dearth of Congressional activity.

The growing inequality and deprivation of the middle class and the poor, caused by a massive redistribution of wealth by tax policy over the years from Reagan to Bush II.

The Supreme Court backtracking on the Voting Rights Act guarantees after a half century, and the damage that continues to be done due to the Citizens United Case.

The rise of mean spirited, aggressive leaders including Senator Ted Cruz of Texas and Senator Rand Paul of Kentucky, both Tea Party favorites who work against compromise in any form.

The Crucial Importance Of A Democratic Senate And President For The Future

The battle for Democratic control of the House of Representatives, the need to gain 17 seats, is a bitter one, with right wing groups spending millions to make sure that the Republicans keep control, and prevent any furthering of the Barack Obama agenda.

Due to the reality of gerrymandered districts, created by Republican legislatures and governors, as a result of the 2010 midterm elections, the concept of majority rule has been distorted, with Democrats winning more total votes nationally in Congressional races, but Republicans able to win a majority of seats, and oppose everything Obama wants, and cause a shutdown of the government in October.

Due to the extremism of the Republican House as a result of the “hostage” situation created by the Tea Party Movement, the 2013 session of the Congress has been the worst since records were kept in 1947, but now the “establishment” Republicans are declaring war on the Tea Party right wingers, and trying to insure that the mainstream conservatives, led by Speaker John Boehner and Senate Minority Leader Mitch McConnell, will be able to control the future.

At the same time, right wing pressure groups are trying to defeat a group of conservatives in House and Senate primaries, so the civil war may give Democrats the opportunity to gain enough seats to make Nancy Pelosi Speaker again in the 114th Congress of 2015-2016. That would allow the budgetary power of the House Ways and Means Committee to be back in Democratic hands, giving them the opportunity to reverse regressive policies perpetrated by Republicans since 2011.

But even more important is the keeping of a Democratic Senate majority, with the ability to get appointments of the President confirmed by a majority, rather than needing 60 votes to overcome a filibuster. This is particularly important for federal district and circuit court nominees, and for the eventual approval of Supreme Court nominees on the aging Court.

Part of this is also the need to have a Democratic President after 2016, as that reality, plus a Democratic Senate, would guarantee that social conservatism would lose out on such issues, as abortion, gay marriage, civil liberties, civil rights, and so many other issues that are crucial to the long range future of making America a nation of fairness, justice, equality, and tolerance!