Constitutional Government

“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!

Republican State Legislatures Are Becoming Fascist Strongholds, Stifling Free Speech!

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Republican state legislatures, many of them holding two thirds of the seats or more, are rapidly becoming Fascist strongholds, stifling free speech, free assembly, and freedom to protest!

Tennessee, by expelling two African American members joining a protest demanding gun regulations after six people are slaughtered at a Christian elementary school in Nashville, is an outrage and racist at its core, as a white woman member who took part in the protest, was not expelled!

The state legislatures in not just Tennessee, but also Florida, Texas, Mississippi, Virginia, Montana, and other “red” states, are stripping civil liberties, including the ability of the public to testify against extremist legislation, being given 30 seconds to one minute, to testify.

Arrogant, out of control governors, including Ron DeSantis of Florida, Greg Abbott of Texas, Glenn Youngkin of Virginia, and others are promoting abuses of power way out of line with constitutional government!

The three governors mentioned above all have Presidential ambitions, and clearly, would be a danger to American democracy and constitutional government, were they to gain the power of the Oval Office!

Constitution Day: 235 Years And Counting, But Question About Its Survival In Future!

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Today is Constitution Day, the day in 1787 when the Founding Fathers signed the Constitution.

No one in their right mind would think that those who signed the Constitution believed there should be no changes ever made, or that what was in the Constitution was cement that could not be altered.

And yet, today, we have a majority Supreme Court which thinks we should go back to 1787, what is called “Originalism”.

This is pure insanity, and undermines the ability of government to adapt to changing times.

Most of what is considered “normal” today in constitutional terms is far from just the original document, and reflects the changing times.

And we are faced with a threat, greater than the Civil War or the Great Depression and World War II, to our ability to maintain a constitutional government based on the rule of law, as Donald Trump and his minions are a dire threat to America’s democratic future!

Pennsylvania Gubernatorial Race Crucial For Future Of Women’s Rights

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Pennsylvania is the 5th largest state in population, and will have 19 Electoral votes in the Presidential Election of 2024.

It is the most crucial “battleground” state due to its population and electoral votes, and already was the center of controversy in the Presidential Election of 2020, due to challenges by Donald Trump and his seditionists!

So the gubernatorial race in Pennsylvania between present Democratic Attorney General Josh Shapiro and Republican State Senator Doug Mastriano is crucial, as Mastriano is a right wing Christian extremist, who wants to ban all abortions in the state, including rape, incest and life of the mother.

Mastriano has also indicated that he would appoint a state Secretary of State who would refuse to accept the popular vote in the Presidential Election of 2024 and beyond, creating a constitutional crisis whereby the people’s vote would be thrown out by a power cabal promoting authoritarianism and Fascism!

Josh Shapiro has been an exceptional State Attorney General, and it is essential that he become Governor to keep the “Keystone State” on the proper path of constitutional government, and preservation of women’s rights, including abortion rights!

Already, nine Pennsylvania Republicans, including former Congressman Charlie Dent; a former State Supreme Court Justice; a former State House Speaker; and a former Lieutenant Governor, along with others, have endorsed Josh Shapiro.

The fact that Mastriano was at the January 6 Capitol Insurrection, and has refused to testify, is another warning sign of how dangerous he is!

Jim Jordan, Paul Gosar, Louie Gohmert, Mo Brooks, Scott Perry, Andy Biggs–The Six Seditionist Traitors!

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Jim Jordan of Ohio; Paul Gosar of Arizona, Louie Gohmert of Texas, Mo Brooks of Alabama, Scott Perry of Pennsylvania, Andy Biggs of Arizona! All Seditionist Traitors!

These members of the House Freedom Caucus together conspired to stage a coup and deny Joe Biden the Electoral College victory he clearly and honestly won!

They had contact with Donald Trump and his conspirators who were trying to force Vice President Mike Pence to throw out legitimate votes in several states, and flip the Electoral College vote count on January 6 to Trump!

These six culprits spread conspiracy theories in the two months before January 6, and poisoned the truth, causing massive numbers of Trump supporters to be riled up and decide to attack the US Capitol, with Donald Trump and many around him, besides these six House members, promoting an overthrow of constitutional government and undermining American democracy!

White House Chief of Staff Mark Meadows, himself a former member of the House Freedom Caucus, was intimately involved in emails, phone calls, and personal meetings with these conspirators and others!

The “Stop the Steal” movement was unpatriotic, illegal, unethical, and immoral, and the “Big Lie” continues eleven months later!

And we cannot forget that 139 House Republicans and 8 Republican Senators refused to accept the legal process and accurate Electoral College result, and all of these 147 Republicans should face expulsion and prosecution for their undermining of the rule of law!

The Survival And Independence Of News Media Under Threat In Age Of Donald Trump

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America is in a crisis, with the attack on the news media by Donald Trump.

Unfortunately one third to 45 percent of the American people believe that the news media are promoting “fake news’.

They would rather believe Donald Trump, or Fox News Channel, or Talk Radio, and many of these people see the rest of the media to be the enemy, rather than their role of exposing evil.

Without a thriving media, corruption and scandal would run totally rampant.

America is blessed with journalists who often are threatened by mob mentality at Trump rallies.

These journalists are committed to pursuit of the truth, and many news media sources are failing to make a profit, and are closing up, causing the mass loss of brilliant young journalists.

The fact that the media industry is a business which needs to make a profit does not take away from their sacrifices in trying to learn the truth.

Richard Nixon and the Watergate Scandal would never have been exposed if not for two young cub reporters, Bob Woodward and Carl Bernstein of the Washington Post from 1972 through 1974.

Today, in the time of danger that Donald Trump represents, it is the Washington Post again, along with the New York Times, which is promoting the survival of constitutional government.

The Political Year 2018 Reviewed, And Hopes For A Political Renaissance

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The year 2018 saw the drastic blunders and mean spirited nature of the 45th President come to full fruition.

It was the year of diplomatic, economic, environmental, and social steps backward, wiping out a lot of the good that has been done by Presidents and Congresses of both parties in the past 70 plus years since World War II.

It was the year of the passing of political leaders who always had the motivation to do good, even when they sometimes went the wrong direction on specific issues—John McCain and George H. W. Bush.

It was a year when the Federal Judiciary stood up to Donald Trump most of the time, but also a year when extreme right wing judges were approved, and a Supreme Court Justice, Brett Kavanaugh, similar to Clarence Thomas in his mistreatment of women, was confirmed despite that reality.

It was also the year of more gun related deaths and opioid deaths than have died in war since the end of World War II.

It was the year when schools and religious institutions and public gathering places were subjected to mass death by people who desperately needed mental health intervention.

It was the year when racism, nativism, misogyny all had massive revival, assisted by the behavior of the Chief Executive in the Oval Office.

It was the year when the Republican Party lost all credibility as it refused to stand up and condemn the unstable behavior of Donald Trump, and allowed him to hijack the historical reputation of the party.

But in the midst of all this gloom, it was also the year of the rise of women, racial and religious minorities, gays and lesbians, and young people to more political power and influence than has ever been seen in American politics and society.

The Democratic Party became the bastion of future hopes of reform and change, and they have the backing of millions of Americans who desperately want a different direction for American politics and society.

2019 needs to be the year of movement against Donald Trump, and hold him accountable for his crimes and sins, and the likelihood of the Trump Presidency coming to an end by criminal indictments against family members, leading to the resignation of Trump, as occurred with Richard Nixon, seems likely.

The future of American democracy and constitutional government is at stake as we enter 2019, but the massive “Blue Wave” evokes hope and optimism.

Let us all hope for a better, more productive 2019 politically and socially.

Most Significant Issue Of Entire Campaign: The Supreme Court Future And A Democratic Majority US Senate!

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No more important issue is on the plate for this election year than the Supreme Court future, tied into a Democratic Majority US Senate!

The Republicans have made it clear that if Hillary Clinton wins the Presidency, but the Republicans retain the control of the Senate, that NO Supreme Court nominee will be confirmed, and in fact, not even considered in hearings.

This is totally unacceptable, and cannot be allowed to occur for the next four years, as effectively, that is destroying the whole purpose of the separation of powers and constitutional government!

The Supreme Court has been Republican majority since 1972, and finally, the tipping point to a Democratic and more progressive/liberal Court is in the offing.

Such issues as the following could end up before the Court in the next four years:

Abortion
Affirmative Action
Campaign Finance
Class Action Suits
Climate Change
Contraception
Gun Rights
Immigration Reform
LGBTQ Rights
ObamaCare
Redistricting
Unions
Voter ID Laws
Voting Rights

225 Years Of The Constitution: Something To Celebrate!

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On this day in 1789, 225 years ago, the United States Constitution was declared in effect, although George Washington was not to be inaugurated at Federal Hall in New York City for another 57 days, until April 30, the only President not inaugurated on time in our history.

March 4 became Inauguration Day until the 20th Amendment changed that date to January 20 for the President, beginning with the second inauguration of Franklin D. Roosevelt in 1937.

So 28 Presidents were inaugurated on March 4, including George Washington in his second term; Thomas Jefferson; Andrew Jackson; Abraham Lincoln, Theodore Roosevelt; Woodrow Wilson; and Franklin D. Roosevelt.

March 4 was a crisis time, particularly when Lincoln was inaugurated in 1861 and FDR in 1933.

This is a day to celebrate, as the Founding Fathers gave us the symbol of what a constitutional government is, a model for a world that has too few democracies!

July 4th: Its Symbolism And The Egyptian Military Coup

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As we celebrate our freedom and liberty today on the 237th anniversary of our Declaration of Independence, we are thankful for the fact that we have always had a constitutional government, based on the rule of law, and that we have never had the military intervene in our government, never had them interfere with our democratic system of government!

So therefore, anyone who believes in our system of government must be greatly alarmed at events in Egypt!

The overthrow of Mohammed Morsi by the Egyptian military is disturbing, and it should not matter over the fact that Morsi was the leader of the Muslim Brotherhood, as we are not going to be able to dictate to any sovereign nation that their leader cannot be a Muslim, even of an extremist element, as it is none of our business who they elect!

The important point here is that Morsi was elected in a free and fair election by the people of Egypt, and the only way to remove him is in a constitutional manner, not by the use of force by the military, which historically all over the world is anti democratic by nature!

Morsi was not imposed on the country, but rather ELECTED, and to remove him summarily is not acceptable, and Barack Obama, while realizing that nothing can be done by us regarding what has already happened, has rightfully called for a quick return of the rule of law and a new government elected by the people and totally transparent in the process of the election, which means the Muslim Brotherhood has to be allowed to compete, and if the people vote them in, so be it!

Seeing what has happened makes one concerned that just because there is discontent does not mean illegal means can be used to overthrow governments. One can be sure that there are right wing Tea Party elements who would love to overthrow our President, and figure if they were to demonstrate in the millions as in Egypt, that it might lead our military to break our Constitution and stage a coup against our legally elected leadership.

Thank goodness on this Fourth of July that we have always, through thick and thin, tolerated our leadership of government, and never resorted to attempts to overthrow our form of government, although there was a small scale such attempt, which fortunately went nowhere, against Franklin D. Roosevelt in 1934. But our military has always understood that they are subservient to civilian government, and obey the President of the United States, no matter his party or views!

We have a record of 237 years to uphold, and we should always take the same stand of support for other nations, even if we do not like their leadership, as to do otherwise would be total hypocrisy!