Federal Income Tax

“Originalism” And “Textualism”: The Battle For The Future Of Constitutional Government Against The Late 18th Century!

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 Party, The Party Of Conservatives Abraham Lincoln And Ronald Reagan: Really, Lincoln A Conservative?

As the Republican Party is imploding, we are hearing Florida Senator Marco Rubio and others talk about how Donald Trump is not a conservative, like Abraham Lincoln and Ronald Reagan, and that Trump cannot be allowed to inherit their conservatism.

Really?  Abraham Lincoln  a conservative?  Give us all a break!

Lincoln was NOT a conservative, as he challenged the Establishment of his time in so many ways, including opposing any expansion of slavery!

Lincoln waged war on the South, to prevent their successful secession from the Union, and that is NOT conservatism!

Lincoln moved to promote freedom of the slaves, via the Emancipation Proclamation and the 13th Amendment, and that is NOT conservatism!

Lincoln promoted a major national government commitment to a transcontinental railroad, and that is NOT conservatism!

Lincoln promoted creation of a national banking system; a national currency; the first federal income tax; the first land grant colleges; the Department of Agriculture added to the Presidential cabinet; the Homestead Act; and set up the first military draft; and all of this list is NOT conservatism!

Lincoln was a Liberal, a Progressive, who believed in the use of Presidential power and authority!

Lincoln became the inspiration for another Republican President, Theodore Roosevelt, who is condemned by conservatives, because he believed, as Lincoln did, in in expansion of federal authority, and assertion of Presidential authority and Social Justice, a la Abraham Lincoln!

That is why it is two Liberals, two Progressives, Lincoln and TR, on Mount Rushmore, because they were NOT conservatives!

 

The Coming War On The 17th Amendment By Conservatives!

The right wing in America has a planned strategy to conduct war on the 17th Amendment to the Constitution, one of the greatest of all amendments added since the first ten were enacted as the Bill of Rights!

The 17th Amendment, added to the Constitution in 1913, came as the outgrowth of the Progressive Era, and occurred at its peak, the vigorous campaign for progressive reform promoted by Theodore Roosevelt and Woodrow Wilson in the Presidential Election of 1912. It was also endorsed by the incumbent President, William Howard Taft, who had elements of progressivism in him despite his general reputation as a conservative, which led to his disastrous third place finish in 1912, despite being the Republican nominee.

The 17th Amendment developed in reaction to “muckraker” David Graham Phillips’ path breaking non fiction exposure, “THE TREASON OF THE SENATE”, which demonstrated the corruption of the US Senate, and its leading figure, Senator Nelson Aldrich of Rhode Island, and led to direct popular election of the US Senate from 1913 onward.

One could argue that even with popular vote, the US Senate often disappoints us, and there are Senators who are an embarrassment and a disgrace to that legislative body.

But now, conservatives are promoting the idea of the repeal of the 17th Amendment, returning us to the method in the Constitution adopted in 1787, to have the often corrupt state legislatures choose the Senators, and deny the population the popular vote involvement in selecting the members of the upper body of Congress.

The theory has developed that all the laws passed to promote political, social and economic reform since 1913, including the massive reforms of Woodrow Wilson, Franklin D. Roosevelt, Lyndon B. Johnson, and all other Presidents might be repealed as illegitimate if the Senate method of election returned to the pre 1913 system.

This is an alarming development, and joined with the desire to get rid of the 16th Amendment (federal income tax) and the 19th Amendment (woman suffrage), all of these “Progressive” amendments, could, if enacted take us back to the 19th century Gilded Age!

Conservative Right Wing Attack On The Constitution: The Threat Of Another Constitutional Convention Wiping Out Constitutional Amendments!

The Founding Fathers gave us a Constitution, admitting in the process that there would always be room for improvements, so made clear that amendments were appropriate over time.

So we have had 27 Amendments, including the first ten that make up the Bill of Rights.

When one looks at the amendments, particularly those that came after the Bill of Rights, one realizes that the vast majority of them were “progressive” in tone, designed to expand democracy in America, or else, amendments dealing with the office of the Presidency.

So the “progressive” amendments included the 13th (ending slavery and involuntary servitude); the 14th (promoting due process and equal protection and making African Americans citizens); the 15th (guaranteeing the right to vote for African Americans and others which had been denied that right); the 16th (providing for a federal income tax to raise revenue to deal with mounting social and economic issues); the 17th (granting the people the right to elect their two United States Senators by popular vote); the 19th (guaranteeing women the right to vote); the 23rd (guaranteeing residents of Washington, DC the right to vote); the 24th (preventing a poll tax for voting); and the 26th (guaranteeing young people 18-21 the right to vote).

So nine of the seventeen amendments after the first ten of the Bill of Rights promote progressive change, while the 12th, 20th, 22nd and 25th deal with the office of the Presidency.

The only amendment that was ever passed to limit the freedom of Americans was the 18th (prohibition of liquor), but later repealed by the 21st Amendment.

Now we have the real threat by right wing conservatives, including the Tea Party Movement, who want a new Constitutional Convention to wipe out these “progressive” amendments!

They do not like voting rights for African Americans, other minorities, women, residents of Washington DC (mostly African Americans) and young people; and they are unhappy that African Americans are considered equal under the law, and if they had the ability to do so, they would love to re-enslave poor people, which by corporate power is occurring in an informal way for many minorities, as well as white lower class people struggling every day to survive!

And they wish they could restore the US Senate elections to the corrupt state legislatures, taking away the popular vote. Finally, they hate the federal income tax, even though many of them avoid substantial taxation by having investments, rather than working for a living like most of us do. So they would prefer a sales tax, which is regressive, and would hurt the middle class and the poor much more than the wealthy elite!

But that is exactly the extremist right wing intention—to restore the “good old days” when they were in charge, and everyone had to kowtow to them!

We must not allow such a threat to develop, so the battle for progressivism is never ending, as a result!

Conservative Republicans Want To Repeal Constitutional Amendments And 20th Century Reforms That Make America A Better Nation!

The Republican Party of the second decade of the 21st century, along with the conservative movement, in all of its ramifications, is out to repeal constitutional amendments and numerous 20th century reforms that make America a better, more modern nation, all in their quest to make the corporations ever more dominant and enrich the top one percent more than already is reality!

When one follows, reads, and watches right wing spokesmen, in and out of the party, they have called for the following repeals:

The 16th Amendment–Federal Income Tax
The 17th Amendment–Direct Popular Election Of US Senators
19th Amendment–Woman Suffrage
Antiquities Act–National Parks, Forests, and Monuments Protection
Food And Drug Administration
Clayton Anti Trust Act
Federal Trade Commission
Federal Reserve Act
Social Security Act
Fair Labor Standards Act
Medicare
Civil Rights Act of 1964
Voting Rights Act of 1965
Department Of Education
Department Of Health And Human Services
Department Of Housing And Urban Development
Department Of Energy
Environmental Protection Agency
Consumer Product Safety Commission
Occupational Safety And Health Administration
US Post Office
Affirmative Action
Abortion Rights
Gay Rights and Gay Marriage
National Public Radio
PBS
Americans With Disabilities Act
Medicare Part D Prescription Drug Plan
ObamaCare–Affordable Care Act

These and other laws and amendments not mentioned here became law under Presidents of both parties, including

Theodore Roosevelt
William Howard Taft
Woodrow Wilson
Franklin D. Roosevelt
Harry Truman
Dwight D. Eisenhower
John F. Kennedy
Lyndon B. Johnson
Richard Nixon
Gerald Ford
Jimmy Carter
George H. W. Bush
Bill Clinton
George W. Bush
Barack Obama

Basically, these right wing groups and the dominant element in the Republican Party in Congress want to repeal everything that is good about America, and bring us back to the 19th century Gilded Age!

Absolute Insanity! Tea Party Republicans–Michele Bachmann, Louie Gohmert, Steve King–Call For Abolition Of IRS!

So much craziness exists in the Republican Party in Congress in 2013, that it will require a long, detailed book to trace all of the insanity that exists, and that is not including talk radio, Fox News Channel, right wing journalism, and the Governors and state legislatures that are Republican controlled!

Today, in Washington, DC, the Tea Party Republicans held a rally, including such “stars” as Congresswoman Michele Bachmann of Minnesota, Congressman Louie Gohmert of Texas, and Congressman Steve King of Iowa, three of the leading “certifiable” whackos of the House of Representatives!

But the rally also included wing nut Glenn Beck, and had support also from Texas Senator Ted Cruz and Kentucky Senator Rand Paul, among other “embarrassments” on Capitol Hill!

The rally was held to oppose immigration reform, support abortion restrictions on women, and most crazily of all, to call for abolition of the Internal Revenue Service, therefore making it impossible to collect income taxes and corporate taxes, effectively wiping out the 16th Amendment to the Constitution! And when fellow Senator Marco Rubio of Florida was mentioned, he was booed, because he is negotiating an immigration reform bill with Democrats and Republicans Lindsey Graham, John McCain, and Jeff Flake.

So this nation is supposed to exist without taxes, apparently! A nation of 315 million people, with massive overseas responsibilities; high levels of poverty; growing need for infrastructure expenditures, health care, education; the threat of terrorism within our shores; and all of the other responsibilities of a modern nation in the 21st century, is supposed to live based on praying for God’s good wishes, but only if it is Jesus Christ, no other concept of religion!

So much has occurred in recent years that is mind blowing, but this day, we have seen true insanity and lunacy unseen in the history of the American Republic, and we can now say that believing in any hope that the Republican Party will come back from its terminal illness, getting rid of the cancer of the far right wing nuts, seems hopeless!

Whig Party, anyone?

America’s Underappreciated Presidents—James K. Polk, Grover Cleveland, William Howard Taft, Jimmy Carter, George H. W. Bush

With Presidents Day celebrated on Monday, this is a good time to reflect on which Presidents are underappreciated for their contributions in the White House.

Five Presidents, four of them having only one term, and three of them soundly defeated for reelection, are often overlooked in an unfair manner.

These five underappreciated Presidents are as follows, chronologically:

James K. Polk (1845-1849), Democrat—-who did not wish a second term in office, died only three months after his term of office, but accomplished more than any President, regarding expansion of the nation, as he negotiated the gaining of the Pacific Northwest with Great Britain, and went to war with Mexico to gain the Southwestern United States. Because of Polk, highly controversial due to his manipulation of conditions setting up war with Mexico, and often criticized as an “imperialist”, we gained more land than any other President, including Thomas Jefferson with his Louisiana Purchase.

Grover Cleveland (1885-1889, 1893-1897), Democrat—-the only two term non consecutive terms President, although winning the popular vote three consecutive times, Cleveland accomplished the passage of the Interstate Commerce Act, promoted civil service reform, and became regarded as a man of strong principles, including refusing to take over Hawaii, after a treaty was negotiated by the previous President, Benjamin Harrison. A rare President on the concept of opposing the addition of territory to the United States, he refused to go to war with Spain over the issue of Cuba in his second term, and opposed the Spanish American War and the Filipino Insurrection intervention under William McKinley, standing out as a leading anti imperialist.

William Howard Taft (1909-1913), Republican—-was unfortunate in coming in between two very charismatic Presidents, Theodore Roosevelt and Woodrow Wilson, both of whom would end up ranked in the top ten of all Presidents, in most polls of experts on the Presidency. Taft also was the worst defeated President running for reelection, competing against both TR and Wilson, and ended up third, rather than second in defeat, and winning only 23 percent of the vote, two states, and eight electoral votes. But he deserved better, and did have the distinction of becoming Chief Justice of the Supreme Court in the 1920s, where he was much happier. But Taft actually signed a highly successful regulation of the railroads, the Mann Elkins Act of 1910; won lawsuits causing the breakup of the monopolies of Standard Oil, United States Steel, and International Harvester; and supported two constitutional amendments, the 16th (Federal Income Tax) Amendment, and the 17th (Direct Election of United States Senators) Amendment.

Jimmy Carter (1977-1981), Democrat—served one divisive term, defeated for reelection by Ronald Reagan, due to the Iran Hostage Crisis, high inflation and unemployment, and the Soviet Union invasion of Afghanistan, and faced primary challenges from Ted Kennedy and Jerry Brown. But he accomplished the Camp David Accords between Israel and Egypt; the Panama Canal Treaty; the promotion of the principle of human rights in foreign policy; the advancement of the environment, making him the third best President on that issue; and creation of three cabinet agencies–Health and Human Services, Education, and Energy. And his post Presidency, now the longest in American history, has been a model for Bill Clinton’s post Presidency, and Carter continues to promote human rights and economic and social reform nationally and world wide, and is often considered the best former President of the United States in American history.

George H. W. Bush (1989-1993), Republican—the second worst defeated President in American history, despite having led the coalition which forced Iraqi leader Saddam Hussein out of Kuwait, lessening a threat to the Middle East oil supply and the government of Saudi Arabia, in the Persian Gulf War of 1991; being the President under whom the Cold War came to an end in a stable manner in 1991; managing the unification of Germany between 1989 and 1990 in a skillful manner; and promoting the passage of civil rights law for the disabled population of America, a major reform in American history. Bush was always considered a master in the field of foreign policy, and for years after, had an impact on policy making through his significant staff members, who continued to have an impact.

All five Presidents deserve a better coverage and appreciation, despite the fact that each could be roundly criticized for events that would cause them to be overlooked as outstanding Presidents. Presidents Day is an appropriate time to do so!

Barack Obama Invokes Teddy Roosevelt And The “New Nationalism” Of The Progressive Party Of 1912

President Obama invoked Teddy Roosevelt and the “New Nationalism” program of the Progressive Party of 1912 in a speech today at Osawatomie, Kansas, the site of a speech by the former President in 1910, setting the standard for his later third party run for President in 1912.

Called a socialist, a radical, and even a Communist by many conservatives a century ago, President Theodore Roosevelt promoted a very advanced series of ideas out of office, more than when he was in, including the end of child labor, equal pay for women, a minimum wage, a social insurance program including social security and health care, a progressive federal income tax, and reforming the political system.

His program, known as the “New Nationalism” became the forerunner of much of the “New Freedom” of Woodrow Wilson, the “New Deal” of Franklin D. Roosevelt, the “Fair Deal” of Harry Truman, the “New Frontier” of John F. Kennedy, and the “Great Society” of Lyndon B. Johnson.

Obama talked of the need for a strong middle class and a raised standard of living, and the need to regulate corporations and to raise taxes as other Presidents have done, in order to promote a “fair shake” for everyone, giving everyone “equal opportunity” to succeed.

Obama emphasized that major tax cuts for the rich had led to greater inequality, lower creation of jobs, growing deficits, and the collapse of the American economy in the past ten years. He declared that “trickle down economics” had never worked in the past successfully, and that assertive actions by government were necessary to promote a bright future for all Americans.

He called for more investment in education, research, technology, infrastructure, and manufacturing, rather than in banking and finance which leads to phony manipulation of financial figures and causes financial “bubbles”!

His speech, as usual, was well delivered, and was designed to inspire the American people to take on the struggle that was fought during the Progressive Era by Theodore Roosevelt to promote a bright future for America!

And remember that Theodore Roosevelt was a Republican who believed in the role of government to make a better society, something regrettably not the viewpoint of the transformed Republican Party of today, which speaks only for the wealthy and the corporations, and spends time dividing people and gaining support based on social conservatism issues, including gay rights, abortion rights, gun rights, illegal immigration and affirmative action. Meanwhile, the lives of the masses of Americans who vote on their emotions, rather than their reason, for the GOP, does not lead to better lives for those people!