22nd Amendment

“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!

The 80th Congress (1947-1949) Vs. The 118th Congress (2023- )

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It has often been claimed that the 80th Congress (1947-1949) under President Harry Truman was unproductive, or as Truman claimed it in his 1948 Presidential campaign, a “Do Nothing” Congress.

While it is true that the Republican dominated 80th Congress worked against Democratic President Truman and his “Fair Deal” proposals, most notably passing the anti Labor Taft-Hartley Act over the President’s veto, in reality a lot was accomplished in that Congress.

The following actions were accomplished:

The Truman Doctrine
The Taft-Hartley Act
The Presidential Succession Act
The National Security Act–including the Defense Department at the Pentagon in Virginia, the National Security Council, the Joint Chiefs of Staff, separate Department of the Air Force, and the Central Intelligence Agency
The Marshall Plan
22nd Amendment to the US Constitution

At the same time, NOTHING significant has been passed into law in the present first session of the 118th Congress, making it the least productive in modern times since the Great Depression 1931-1933 72nd Congress, split between a Democratic House of Representatives and Republican Senate under President Herbert Hoover!

Governorship Term Limits Likely To Affect Future Presidential Campaigns

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The American Presidency was limited in allowable terms of office by the 22nd Amendment to the US Constitution in 1951, after passage by Congress in 1947, two years after Franklin D. Roosevelt, elected to a fourth term in the White House, died 82 days into that fourth term.

So even popular Presidents such as Dwight D. Eisenhower in the 1950s, Ronald Reagan in the 1980s, and Barack Obama in the 2010s, could not have returned to the Presidency at any point after their two terms in office.

The issue of term limits also affects state governorships, as 23 states limit governors to two terms maximum consecutive terms. Three other states allow a return after one four year term away from the governorship, and one allows a return after two four year terms away from the governorship. And nine states have a lifetime limit of two terms.

So a total of 36 states limit gubernatorial terms in some form. And one state (Virginia) limits any governor to one term.

So only 13 states have no term limits, including Vermont and New Hampshire, which have terms of two years, not four years!

So when one analyzes these realities, it means governors such as the following, would have to be considered potential Presidential contenders in the future!

Ron DeSantis of Florida
Jared Polis of Colorado
Gavin Newsom of California
Brian Kemp of Georgia
Andy Beshear of Kentucky
Wes Moore of Maryland
Gretchen Whitmer of Michigan
Phil Murphy of New Jersey
Roy Cooper of North Carolina
Doub Burgum of North Dakota
Mike DeWine of Ohio
Josh Shapiro of Pennsylvania
Kristi Noem of South Dakota
Glenn Youngkin of Virginia

All of the above 14, 6 Republicans and 8 Democrats, would be out of the governorship, or finishing a second term by the time of the Presidential Election of 2028.

Besides Republicans DeSantis and Burgum, who are already seeking the Presidency, there are strong rumors that other Republican Governors, Youngkin and Noem, might enter the race belatedly, and Kemp and DeWine are long shots for now or 2028!

And certainly, Democrats on this list are not running in 2024, due to Joe Biden, but certainly, it would seem likely that Polis, Newsom, Moore, Whitmer, Murphy, and Shapiro are all likely to plan to run in 2028. Less likely would be Beshear and Cooper, but being from states that Democrats have more difficulty winning, who can say they would not enter the race for President in 2028?

Trump Is Behind Biden Nationally By 7 Points, And Fear, Panic, Hysteria, And Accusations Of Radicalism Are NOT Working!

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Donald Trump has been behind Joe Biden all year, and presently is seven points behind Biden in national polls. The numbers between the two men have been very stable and consistent, amazingly so!

Trump has promoted fear, panic, hysteria, and accusations that Joe Biden is a radical and Kamala Harris, the black and Asian woman, is a danger as she is the power behind the throne, as if Joe Biden has no brain matter left, when it is precisely Donald Trump who has been acting very wacky and unstable, more so every day.

Again, Trump is using the psychological term of projection, looking in the mirror and then accusing Joe Biden of any one of Trump’s shortcomings.

It is not Joe Biden who threatens a radical government, as that is not his history!

It is Donald Trump who is promoting the concept of seizing absolute power as a Fascist, and defying the Constitution’s 22nd Amendment, which limits an elected President to two term as a maximum.

It is obvious that many different voting groups are seeing Trump as what he is—the criminal who has caused more deaths in peacetime than any President in history, and has presided over the most corrupt, venal government imaginable, and has done horrible damage to America domestically and in foreign policy.

Donald Trump will face prosecution and prison time, which he richly deserves as a traitor, and a tragedy as, by far, the worst President ever in the Oval Office!

Commemorating Death Of George Washington To Impeachment Of Donald Trump: How Far We Have Fallen!

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Today, December 14, marks the 220th anniversary of the death of President George Washington, who set such a great standard for Presidential leadership.

Washington could have stayed in office until his death, as many idolized him, but he believed in a term limit, and set standards for Presidential behavior in the way he conducted his office, that benefited America for the long term.

But now 220 years after his death, we have a President who has abused power more openly than even Richard Nixon, and far more than Bill Clinton or Andrew Johnson, and has wished he could be President for life. He has also hinted that he will refuse to accept defeat or leave office whether in 2021 or 2025, now a constitutional limit as a result of the 22nd Amendment, ratified in 1951.

This moment of impeachment of Donald Trump is one when the nation must unite to rid us of the cancer of this evil, corrupt man, and if not by trial in the Senate, by massive defeat in November 2020!

The Disgraceful Sycophants For Donald Trump: Rudy Giuliani, Stephen Miller, Kevin McCarthy, Jim Jordan, Lindsey Graham, And More

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History will record in a condemnatory way the long list of disgraceful sycophants who have legitimized Donald Trump’s abuse of power and obstruction of justice.

The leading sycophants include:

Former NYC Mayor Rudy Giuliani, who has gone totally off the rails, and seems clearly to have lost all morality and ethics, amidst signs of dementia.

Stephen Miller, the 34 year old senior adviser for Trump, who has demonstrated his total lack of decency, compassion, and empathy, and is perceived by some as the new modern young Roy Cohn of the Joseph McCarthy era, a Jewish man who shows totally despicable and indefensible behavior, including racism and nativism to the extreme.

House Minority Leader Kevin McCarthy of California, who makes Paul Ryan and John Boehner both seem far less objectionable than they actually were, and a total liar and phony who disgraces the Republican Party in the lower chamber.

Ohio Congressman Jim Jordan, a truly obnoxious, nasty and arrogant Tea Party activist who spews forth poisonous propaganda on a regular basis.

South Carolina Senator Lindsey Graham, who thought Bill Clinton should be impeached, but now sees no grounds for Donald Trump to be impeached. His former friend, the late John McCain, would be sorely disappointed with his behavior defending Trump,

The list is much more than these five, and now includes Secretary of State Mike Pompeo and Attorney General William Barr, both of whom, by their lies and deception and unwillingness to cooperate in the impeachment investigation of Donald Trump, could face legal action and impeachment on their own.

Never has there been so many people willing to sacrifice their careers and reputations to defend a President who is the most unethical, immoral, and cruel person we have ever had in the White House, who now has the gall to say he will never leave the Presidency, implying the end of the 22nd Amendment and democratic elections in the future, as if he is an Emperor or King,

The threat of civil war enunciated by religious right wing fanatics must not prevent the rule of law, and the willingness, if need be, to remove Donald Trump forcibly from the Oval Office in chains and handcuffs if need be, to uphold the Constitution of the United States!

Donald Trump, The “Manchurian Candidate”, And Vladimir Putin: The Downfall Of The Western Alliance System

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The idea is finally sinking in that Donald Trump is similar to the main character in the 1962 film, “The Manchurian Candidate”, a candidate for President planted by the enemy of America.

His constant praise of Vladimir Putin of Russia, and his constant criticism of the leaders of Canada, Germany, France, Great Britain, and other allies in NATO makes one come to this conclusion as a rational thought, as the Western alliance system is in danger of disintegration.

His worship of the authoritarian leaders of China, North Korea, Turkey, Egypt and the Philippines among other dictators, is further proof that Donald Trump despises democracy, civil liberties, the Constitution and Bill of Rights, and the traditions of American history in both domestic and foreign policy.

So for someone to assert that Donald Trump is dangerous to America’s present and future, is not just political hyperbole.

We are in a situation where Russia clearly intervened in the 2016 Presidential election, and is attempting to influence the 2018 Midterm Elections for Congress and the state governments, and is looking ahead to the Presidential Election of 2020.

The thought that Donald Trump might just win a second term, and then challenge the 22nd Amendment, and wish to stay on as President for life, is not just an idle thought, and everyone must work together to insure that such does not happen.

229th Anniversary Of First Presidential Inauguration Of George Washington In 1789: A Moment To Reflect On The Dangers To The Presidency As An Institution

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On this day, April 30, in 1789, George Washington was inaugurated, 57 days late, in lower Manhattan in New York City, as the first President of the United States, setting important standards for Presidential actions and behavior over the next two and more centuries.

Washington arrived late due to the need to plant the crops on his Virginia plantation, Mount Vernon, and traveled by horse from Virginia to NYC, being wined and dined along the way.

So Washington was the only President to serve two terms, but less than eight years, due to the loss of those 57 days in his first term, but his second term ending on March 4, 1797.

Two hundred years later, President George H. W. Bush commemorated the bicentennial of that event in New York City.

Now we have a President who challenges the institution of the Presidency in dangerous ways, and wishes he could be President for life, rather than the constitutional limit of two terms or ten years if succeeding during the last half of the term, as set up in the 22nd Amendment, passed through Congress in 1947, and ratified and going into effect in 1951, affecting all future Presidents from Dwight D. Eisenhower onward.

Any person with rationality and knowledge of the history of America well knows that the threat of Donald Trump is real, and that the news media, the Congress, and the Judiciary must coordinate their efforts to remove him from office, as he has already done great damage to the institution of the Presidency.

We have not survived the Civil War, the Great Depression, the Cold War, and the danger of Richard Nixon, to allow ourselves to be undermined by the clear and present danger of Donald Trump!

48 Vice Presidents, 45 (44) Presidents?

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With the inauguration of Donald Trump and Mike Pence, we now have our 45th (really 44th) President, and our 48th Vice President!

Some reading this are saying: “Huh?”

So let’s explain the difference in numbers.

Donald Trump is the 44th person to become President, but Grover Cleveland served two nonconsecutive terms from 1885-1889 and 1893-1897, although he also won the popular vote in 1888, but Benjamin Harrison won the Electoral College, the third time out of five (with 2000 and 2016 the 4th and 5th cases) where the popular vote loser won the Presidency.

Now, as to the Vice Presidency:

Several Presidents had two Vice Presidents, and one had three Vice Presidents, therefore making for four additional Vice Presidents more than Presidents.

Thomas Jefferson had Aaron Burr in his first term in the Presidency (1801-1805), and George Clinton in his second term (1805-1809).

James Madison had Clinton stay on as Vice President in his first term, but he died in office in 1812, so only served from 1809-1812, instead of to 1813. In his second term, Madison had Elbridge Gerry as his Vice President, but he served less than two years and died in 1814, so only serving 1813-1814.

Andrew Jackson had John C. Calhoun as Vice President in his first term, but he resigned with three months to go in the term, after being dumped from the ticket for the 1832 election, so served from 1829-1832. Martin Van Buren served in the Jackson second term (1833-1837), and became the last Vice President to succeed directly to the Presidency by election for 152 years, when George H. W. Bush succeeded President Ronald Reagan in the 1988 Presidential election.

Abraham Lincoln had two Vice Presidents–Hannibal Hamlin (1861-1865) who he decided to replace for his second election, and Andrew Johnson for six weeks in 1865 until Lincoln was assassinated, and Johnson became President.

Ulysses S. Grant had two Vice Presidents–Schuyler Colfax (1869-1873) who came under investigation for corruption and did not run for reelection; and Henry Wilson (1873-1875) who died in office.

William McKinley had two Vice Presidents–Garret Hobart (1897-1899), who died in office; and Theodore Roosevelt, for six and a half months in 1901, until McKinley was assassinated, and TR succeeded him to the Presidency, and then won a four year term of his own in 1904.

Franklin D. Roosevelt, being elected four times to the Presidency, and prevented from occurring again by the passage and adoption of the 22nd Amendment in 1951, had John Nance Garner (1933-1941) in his first two terms; Henry A. Wallace (1941-1945) in his third term; and Harry Truman for 82 days of his 4th term in 1945, before FDR died, and Truman succeeded him, and then won a full term in 1948.

Finally, Richard Nixon had two Vice Presidents–Spiro Agnew (1969-1973), his first full term and nine months of his shortened second term, until Agnew was forced to resign due to corruption charges, and being replaced two months later by Gerald Ford (1973-1974) under the 25th Amendment, allowing for an appointed Vice President subject to majority approval by both the House of Representatives and the US Senate, with Ford serving nine months before he succeeded to the Presidency upon the resignation of Nixon, due to the Watergate scandal.

Realize that George Clinton served under two Presidents (Jefferson and Madison), and the same for Calhoun, who had served as Vice President to John Quincy Adams (1825-1829), before serving as Vice President under Jackson for all but three months of that term. So as a result, Jefferson, Madison and Jackson only had one DIFFERENT Vice President to add to the total number!

Also, realize that Grover Cleveland, in his separate terms, had two different Vice Presidents, Thomas Hendricks for 8 months in 1885, and Adlai Stevenson I (1893-1897).

Also realize that John Tyler (1841), Millard Fillmore (1850), Andrew Johnson (1865), and Chester Alan Arthur (1881), all succeeded to the Presidency because of the deaths of William Henry Harrison, Zachary Taylor, Abraham Lincoln, and James A. Garfield, and never had a Vice President, since there was no 25th Amendment until passage in 1967, allowing Gerald Ford to pick Nelson Rockefeller as his Vice President in 1974. And the other four Presidents who had been Vice President, and succeeded due to the deaths of the Presidents in office (Theodore Roosevelt after William McKinley; Calvin Coolidge after Warren G. Harding; Harry Truman after Franklin D. Roosevelt; Lyndon B. Johnson after John F. Kennedy) all were elected in the next term and had a Vice President.

So only 40 men (plus Cleveland in two terms, so called the 22nd and 24th President) in the Presidency chose a Vice President, and only Lincoln, Grant, Cleveland, McKinley and Nixon had two Vice Presidents who were unique (not shared with another President), and FDR had three Vice Presidents with his four terms in office. So if you count 41 due to Cleveland’s unique situation, and add seven extra Vice Presidents, you get a total of 48 men who have served as Vice President of the United States!

Could Barack Obama, Joe Biden, Or Bernie Sanders Have Won In 2016?

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President Barack Obama has opined that had he been able to run for a third term, which is forbidden by the 22nd Amendment to the Constitution since 1951, that he would have defeated Donald Trump.

That brings to mind the issue whether if Vice President Joe Biden had been the nominee, whether he could have won over Donald Trump.

And also, the issue arises whether Vermont Senator Bernie Sanders had overcome Hillary Clinton in delegates, could he have won.

The gut feeling of this author and blogger is that either Obama or Biden would have been able to win enough additional support to overcome the Clinton deficit in Pennsylvania, Michigan, and Wisconsin, and also possibly in Florida and Ohio as well.

On the other hand, this author feels that Bernie Sanders, despite his inspiring campaign and support from millennials, and seen as the protest candidate as much as Donald Trump to many, would NOT have won, and the reasons are sad and unpleasant.

Sanders being Jewish, although he is not at all religious in any sense, would have worked against him, as anti Semitism is still an ugly reality in America.

Also, the fact that Sanders calls himself a Socialist, although far from scary or terrifying in reality, would likely have been used by Donald Trump against him, as Trump actually did call Sanders a “Communist” once or twice during campaign rallies, and the ignorant, clueless people who backed Trump would not be intelligent enough to understand the difference, and that Sanders is more like a Scandinavian Socialist from Norway or Sweden, and is no danger in any sense to American traditions.

So the best judgment of this author is that Obama or Biden could have won, but not Sanders.