GOP Trying to Replace Constitutional Law with Vigilante Injustice

We use the expression break the law to mean violate or disobey the law. But there is also break as in break into tiny, meaningless pieces. (And violate as in abuse or rape.) The Supreme Court is actively involved in breaking the law in this second sense. GOP controlled State Legislatures and Governors are doing this. DJT is and has been breaking the law in both senses for years in his asserting that anything that serves his immediate, short-term self-interest is truth and the law, anything that opposes him is criminal and evil.

 

Dan Rather and Elliot Kirschner argued recently that the Supreme Court, which used to and is needed to represent stability, fairness, and temperance has now “become headquarters for a majority group of highly partisan, reactionary players who make clear that they are uninhibited by history, precedent, or the will of the majority of the American people.” Their actions are about asserting power, not fostering the rule of constitutional law.

 

In one decision they argued for originalism, for the impossible task of sticking with the founding fathers’ original viewpoints. This view ignores the fact that the founding fathers lived in a very different time, where slavery was legal, women and men who didn’t own land couldn’t vote. Where the weapon of choice on the battlefield was a flintlock musket, there were no computers, and the world wasn’t threatened by a climate emergency. And they were all fathers, men.

 

In another of last week’s rulings, Oklahoma v Castro-Huerta, regarding Indigenous American sovereignty, the Court went against originalism. The ruling asserted a state’s jurisdiction over crimes committed on Tribal Lands. This, as even Justice Gorsuch wrote, violates not only precedent but founding-era understanding of law.

 

In 1832 the court ruled in Worcester v Georgia that the federal government had exclusive power to manage relations with Native nations, not states. Thus, this new court ruling violated its own legal opinions and destabilizes the rule of law and the court’s function of upholding the stability of the law. Instead, it asserts minority rule.

 

A Washington Post article by Colby Itkowitz and Isaac Stanley-Becker revealed the Court has agreed to hear a case involving the “independent legislature theory,” a conservative legal theory that asserts state legislatures should have virtually unchecked power over federal elections. It would erode basic tenets of American democracy including applying the rule of law equally to everyone and basing the ultimate source of all law in the people.

 

“[I]n its most far-reaching interpretation, it could cut governors and state courts out of the decision-making process on election laws while giving state lawmakers free rein to change rules to favor their own party. The impact could extend to presidential elections in 2024 and beyond, …making it easier for a legislature to disregard the will of its state’s citizens.”

 

Texas and other states have joined in this effort to undermine the rule of law. In its 2021 anti-abortion legislation, it created a sort of vigilante justice by deputizing citizens to sue and enforce the law instead of government officials. And it would pay the vigilantes $10,000 for each successful suit. According to a New York Times article by Sabrina Tavernise, whereas if Texas had put enforcement in the hands of state officials, those officials could be sued by abortion advocates aiming to bring their case to court….

 

*To read the whole article, please click on the link to The Good Men Project who first published it.

We Need to Believe Our Eyes and Ears: We Have A Manchurian President

The Manchurian Candidate is a classic movie from 1962 in which Russian Communists initiate a plot to use a brainwashed American soldier as a sleeper agent to kill the candidate for American President. Evidence would be revealed to show the Russians were responsible. The Vice-Presidential candidate, someone controlled by the Russians, would then succeed him and be able to assume dictatorial powers to safeguard the nation.

 

In the reality we face today, there is no brainwashed sleeper agent (I think), no Presidential candidate that is killed. However, as the Mueller Report made clear, a Democratic candidate and our electoral process was attacked and undermined by Russian agents to sow discord and put into office a man who now serves their interests. Many of the facts about T acting in Russia’s interest against our own have been in the news repeatedly. But it is so devastating a picture it is hard to accept. We have a Manchurian administration.

 

Just imagine what the Russian government would want from an American President. They could not defeat us militarily, so they would have to attack us from the inside. They would not just want to end our sanctions on their government but would try to destroy our democracy and turn us into an ally or puppet state.

 

They would do this by dividing our nation so much that we would be in a near civil war. They would instill fear of violence in our gathering places and schools. They would create fear in one group of all others, so this group would feel under attack and they would strike out, de-stabilizing the social fabric of the nation. And they would undermine efforts to prioritize combating domestic terrorism.

 

They would undermine the rule of law.

 

They would suppress the vote, undermining our democratic election process in fact as well as our faith in that process, and create so much chaos and confusion, fear and anxiety, that the American people would eventually want to turn to a dictator just to get some peace.

 

They would undermine our democracy further by having the President talk about not leaving office after a second term or claim violence would ensue if he lost an election or was removed from office. He’d spread lies of a cabal working against him from the inside, manipulating the election, so we wouldn’t recognize the Russian manipulators and their agents. They would begin this process by not acting to secure our own electoral integrity from Russian and other hackers. And they would get their supporters in Congress to obstruct bills requiring that contacts between politicians and foreign agents be reported to the FBI.

 

They would undermine the economy through chaotic trade policies, take away economic power from the middle class and direct it to a small group who would work with Russians for their own gain. They would act with a lack of fiscal responsibility, including running up a massive debt so the government would not be able to flexibly meet a recession or other crisis. They would politicize the Federal Reserve Board so it serves as a functionary of the T family.

 

They would undermine the free press, install propaganda networks to control information, accuse protestors of being a violent threat to law and order and thus make protest illegal.

 

They would spread so many lies they would undermine the possibility of discerning truth from fiction so Americans would not believe that what was happening was really happening.

 

They would attack anyone who opposed them, calling them treasonous, in order to create the impression traitors were patriots, and establish a de-facto dictatorship.

 

They would undermine our standing in the world, undermine the idea of democracy itself, and undermine our traditional alliances so we were isolated and distrusted. They would sing the praises of dictators, in Russia and North Korea, for example, and ally us with the same.

 

If you look at our nation today, everything above is exactly what has been happening since T was elected.

 

A Review of A Few of the Details:

 

On February 27, Michael Cohen said: “Given my experience working for Mr. Trump I fear that if he loses the election in 2020 that there will never be a peaceful transition of power…” Cohen’s revelations of Trump as possibly threatening the government, the constitution and rule of law with violence, affirms what many have suspected ever since T was elected, but it is frightening to see our fears stated so bluntly by someone who knows Trump so well.

 

Cohen is not the first to speak of this threat. Roger Stone warned America in 2017 of “insurrection” if Trump is impeached. Politico reported that Stone said, “Try to impeach him. Just try it. You will have a spasm of violence in this country, an insurrection like you’ve never seen.”

 

As the Mueller Report makes clear, the President clearly asked for and accepted Russian aid in the 2016 election. He also, once in office, cut sanctions on Russia, for example, on Oleg Deripaska, a close associate of Putin. In Helsinki, while standing next to Vladimir Putin, T sided with Putin against our own intelligence community,, claiming the Russian dictator spoke strongly in denial of the claim Russia interfered in the 2016 election. The President tore up the notes of his discussions with Putin.

 

According to Admiral Rogers, the head of the U. S. Cyber Command, Trump failed to even ask NSA how to protect our election system from hackers. The New York Times reported that Kirstjen Nielsen, before resigning as head of the Department of Homeland Security, became increasingly concerned about Russian activity in the US. But she was told by White House Chief of Staff Mick Mulvaney not to bring this up with Mr. T. As a consequence, she never met with the different cabinet secretaries to coordinate a strategy to protect our elections, nor did she inform Americans of the latest version of Russian attacks on our nation.

 

And “Moscow Mitch” has blocked any bills aimed at protecting our elections from coming to a vote in the Senate. FBI director Christopher Wray announced he shifted resources to counter the Russian threat, largely without any White House support.

 

Instead of going after the Russians who attacked us, the Mueller Report reveals T tried to get the Department of Justice to prosecute political rivals in the U. S., most notably Hillary Clinton ⎼ to avenge or protect himself, not the nation.

 

The Mueller Report documents10 times T may have obstructed justice. According to page 6 of the document, Flynn “informed the government of multiple instances, both before and after his guilty plea, where either he or his attorneys received communications from persons connected to the Administration or Congress that could have affected both his willingness to cooperate and the completeness of that cooperation. The defendant even provided a voice recording of one such communication.”

 

Mr. T has driven wedges between the US and our allies and has lowered the standing of the US in international affairs. He has failed to adequately staff and support the state department and other non-military agencies meant to protect our national security. He has also granted security clearances to people with compromised histories despite being warned of the danger these clearances could pose to our security. All of this has made us more vulnerable to attack.

 

We could go on and on with T’s criminal behavior, and behavior that threatens our democratic institutions and our humanity. T has clearly used hate to divide our nation to a disturbing degree. A Pew Poll shows that we are more divided now than in the early 1990s, maybe more divided than any time since the Civil War. He has attacked Hispanic people, African-Americans, Muslims, LGBTQ, and women, especially powerful women, like journalists or members of Congress.

 

The wealthiest among us are now so rich that 3 individuals own more wealth than half of the population. And the GOP tax cut is only making income inequality worse. T promised the 2017 tax cut would pay for itself, create a surging economy, increase wages, repatriate money hidden in foreign countries, decrease middle class taxes, but little of that has proven true. In fact, it has reduced federal income to a degree that it might threaten our economic stability and security.

 

So, if the President isn’t a Manchurian President or consciously working as an agent of Russia, he is certainly weakening our democracy and our nation. We know this, or most of us do, but we can’t let our anxiety or anger get in the way of doing all we can to sweep him out of office, by the ballot box or by criminal proceedings.

 

This post was syndicated by The Good Men Project.