Supreme Court

The Negative Side Of The Presidency Of George H. W. Bush

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As George H. W. Bush lies in state before his funeral on Wednesday and his burial on Thursday, praise and plaudits have been visited on the 41st President.

But as with all Presidents and all government leaders worldwide and historically, there is a negative side.

Among the shortcomings of the 41st President are the following in no particular order:

Bush ignored the AIDS Epidemic crisis, much like his predecessor, Ronald Reagan, allowing the Religious Right Wing to set the agenda on a hate campaign against gays and lesbians.

Bush switched his pro choice views on abortion by picking up the Reagan viewpoint on women, and sacrificing his beliefs, while his own wife Barbara quietly continued to support abortion rights.

Bush ran a nasty, dirty, and despicable campaign for President in 1988 against the Democratic nominee, Michael Dukakis, allowing falsehoods and distortions to be promoted, without any consideration of the damage his campaign manager Lee Atwater was engaged in.

Bush pursued a Mideast policy that led to long term disaster, and placing troops on a permanent basis in the Middle East led to September 11 and the Iraq War and Afghanistan War.

Bush as CIA head backed dictatorships in Latin America, particularly in Chile and Argentina.

Bush promoted a tough war on drugs, as Ronald Reagan had done, and it victimized people of color much more than whites, and caused prison terms that are now seen as a failed policy, that did not really get to the issue of how to treat those addicted to drugs.

Bush was involved in the Iran Contra Scandal under President Reagan, never fully explored, and ended up giving pardons to many who were part of that scandal, right before he left office in 1993.

Bush made a horrible appointment to the Supreme Court when he nominated Clarence Thomas in 1991, and the nation has been burdened with his influence for the past 27 years, including many potential future Supreme Court nominees who worked for Thomas, and are now being put on the Circuit Courts under President Donald Trump, setting up a future Court with even greater Thomas impact than just himself.

Bush also gave us the most ill qualified, incompetent Vice President in modern history, Dan Quayle, and when Bush had medical issues in office, it made the nation worry at the thought of a President Quayle.

These nine points mentioned above make an assessment of the ultimate historical significance of George H. W. Bush much more complicated than the fulsome praise now being promoted at the time of his passing.

The Death Of The 41st President, George H. W. Bush, At Age 94

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This blogger woke up this morning to the news that the 41st President of the United States, George H. W. Bush, had died last night (November 30) at age 94, and five and a half months.

He had the longest life span of any President, although former President Jimmy Carter will surpass him in age on March 22, 2019.

Bush was one of the most experienced Presidents, with a tremendous resume particularly on national security and foreign policy issues. This included being a Houston, Texas, Congressman; United Nations Ambassador; Republican National Committee Chairman; Second Chief of the Liaison Office to the People’s Republic of China; Central Intelligence Agency Director; Vice President of the United States for two terms under President Ronald Reagan; and President of the United States for one term from 1989-1993.

Bush was an honorable, decent man, who knew his own shortcomings and admitted to it, but although he was the first Vice President to succeed his President by election since Martin Van Buren in 1836 after Andrew Jackson, he was unable to win a second term, losing to future President Bill Clinton, in an election which included businessman Ross Perot, who managed as an independent candidate to win 19 percent of the vote. This led to Bush having the second worst defeat for a sitting President, with 37 percent, only ahead of President William Howard Taft in 1912, gaining only 23 percent of the vote in a three way race with Woodrow Wilson and Theodore Roosevelt.

Bush will be best remembered for his leadership in the Persian Gulf War of 1991 against Iraq’s Saddam Hussein; his helping to end the Cold War with Soviet Union leader Mikhail Gorbachev and usher in the unification of Germany; the promotion of the North American Free Trade Agreement with Mexico and Canada; the concept of a “Thousand Points of Light” to encourage local activism to solve problems; the signing into law of the Americans With Disabilities Act of 1990 to provide equal opportunity for those Americans with disabilities; and the appointment of two Supreme Court Justices, David Souter and Clarence Thomas.

His decision to support tax increases caused a challenge by conservatives, led by Pat Buchanan, in the primaries of 1992, which he overcame, but that plus the recession America was suffering at the time of the election, along with the challenge of not just Bill Clinton, but Ross Perot, making the campaign a three way race, led to his defeat.

Bush lived to see his son George W. Bush become President, only the second such situation, after John Adams and John Quincy Adams, and he had nearly 26 years of retirement, and the longest Presidential marriage, until his beloved wife Barbara died in April, after 73 plus years of a devoted couple, who brought up five children.

Bush is ranked near the middle of all Presidents, generally between 17 and 20, depending on the poll of 44 Presidents, with his failure to win a second term a factor in why he has not risen higher.

His impact on America, however, has been massive, and it is likely his ranking among Presidents will rise in the coming years.

Matthew Whitaker Becoming Acting Attorney General Creates A Constitutional Crisis Over Robert Mueller Investigation

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The decision of President Donald Trump to fire Attorney General Jeff Sessions, and temporarily replace him with Matthew Whitaker, who has clearly stated his belief in 2017 that there should not be a continuation of the Robert Mueller investigation into Russian Collusion, is an alarm bell in the night.

It is now clear that Trump has decided to take action on Mueller before he can issue a report, and before the Democrats take over the House of Representatives, and start investigations and issue subpoenas to the Trump Administration.

Trump’s bizarre performance in his nearly hour and a half press conference yesterday makes one worry as to what will happen next, as Trump is acting totally bipolar, whether he is or not.

The rumor that Donald Trump, Jr. may soon be indicted by Robert Mueller is probably the reason behind the suddenly rash action by Trump to fire Sessions.

But ordinarily, the Deputy Attorney General, Rod Rosenstein, who has been overseeing the Mueller investigation, and who hired Robert Mueller in the first place, should be the Acting Attorney General.

So many observers think we are on the verge of repeating the “Saturday Night Massacre” of Richard Nixon in October 1973, which led to impeachment by the House Judiciary Committee, the decision of the Supreme Court in US V. Nixon, and Nixon’s resignation in August 1974.

The Attack On Birthright Citizenship And The 14th Amendment By Donald Trump, Mike Pence, And Lindsey Graham

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Donald Trump has opened up a new area of attack on constitutional law, claiming that he can, by executive order, end birthright citizenship for infants born of undocumented immigrants, bypassing the 14th Amendment’s guarantee of citizenship for all born in the United States in 1868, exactly 150 years ago.

Speaker of the House Paul Ryan, for once, is correct when he says that is not possible legally, as executive orders cannot end what is in the Constitution or its amendments.

It is also a fact, despite some, like Vice President Mike Pence, and South Carolina Senator Lindsey Graham who claim otherwise, that legislation by Congress also cannot end what is in the Constitution or the amendments.

The only way to change what is in the Constitution or its 27 amendments is by another constitutional amendment, as occurred when the 18th Amendment banning liquor (Prohibition) was passed in 1919 and fourteen years later, with much discontent, the amendment was repealed by the 21st Amendment, the only way Prohibition would ever have ended.

If it was that easy to change what is in the Constitution or its amendments, then there would be a move to end the Electoral College, but that will never happen legally unless an amendment is passed by two thirds of each of the two houses of Congress, and three fourths of the states’ legislatures (38 out of 50).

The idea that Lindsey Graham is suddenly a great friend of Donald Trump, after the way that Trump trashed his good friend, the late Arizona Senator John McCain, is infuriating. One can be certain that McCain would fight this idea that Trump has suggested that he has the authority, all on his own, to destroy the language of the 14th Amendment. It is certain that McCain would be angry at Graham for his changed behavior, and it makes one wonder what is going on in Graham’s disturbed mind that he does not know the basic reality of constitutional law.

Of course, those on the Right would say the Supreme Court could justify what Trump wishes to do, and in theory, a lawless Court, which has already made decisions clearly and purely political in the last ten years, could by a 5-4 vote, including compromised Justice Brett Kavanaugh, do such. But it is hard to imagine that Chief Justice John Roberts would wish to be part of a majority that would undermine his reputation and that of his Court in the long run of history.

If such a disgrace were to happen, the Supreme Court would lose its credibility for all time, and would be helping Donald Trump to destroy our democracy, and impose an authoritarian dictatorship on our nation.

There is absolutely no moral or ethical way that this could happen, and be allowed to stand!

And also, the thought that an infant would not have the opportunity for a good life in America, simply because his or her parents were not documented at the time of his or her birth, is to deny the whole point of the Statue of Liberty and Ellis Island, and the reality that tens of millions of immigrants, and not all legal, with many “slipping in” through our borders and not realized what they had done, contributed to our nation’s greatness.

Think of the refugees from Cuba and Vietnam who came to a nation welcoming them from their personal tragedies in the past half century, and think of the refugees who came from all over the world over two centuries to a nation that gave them a chance to succeed and prosper, and benefit all of the American people!

One Term Presidents Who Lose Reelection Reassessed

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The historical image of One Term Presidents is that it is the worst thing imaginable to lose reelection, and that their historical image is damaged.

Actually, though, it could be argued that a one term Presidency often is a blessing in disguise in the long run.

Let’s examine what happened to the lives of Presidents defeated for a second term.

John Adams lost reelection to Thomas Jefferson in 1800, but went on to live another 25 years, see his son John Quincy Adams be elected and inaugurated President, and die at the age of 90 years and seven months, the all time record until the 21st century, when four other Presidents surpassed him in age.

John Quincy Adams lost reelection to Andrew Jackson in 1828, but went on to live another 19 years, and be elected to nine terms as a Congressman from Massachusetts, engaged in the fight against slavery as the only President elected by popular vote to an elected office after being President.

Martin Van Buren lost reelection to William Henry Harrison in 1840, but went on to live another 21 years, and be the Presidential nominee of the Free Soil Party in 1848, winning about 10 percent of the national popular vote, the first such third party to have an impact on a national election.

Grover Cleveland lost reelection to Benjamin Harrison in 1888, but came back to the White House by election in 1892, and later served on the Princeton University Board of Trustees after his retirement.

William Howard Taft lost reelection to Woodrow Wilson in 1912, but went on to become the only President also to serve as Chief Justice of the Supreme Court from 1921-1930.

Herbert Hoover lost reelection to Franklin D. Roosevelt in 1932, but went on to the longest retirement of more than 31 years, only surpassed by Jimmy Carter in 2012, and Hoover having growing respect for his post Presidential activities, and dying at the age of 90 in 1964, only five months less lifespan than John Adams, and the second President to reach that age.

Gerald Ford lost election to Jimmy Carter in 1976, after succeeding Richard Nixon under the 25th Amendment, but went on to growing recognition and respect in his nearly 30 years after his Presidency, setting the record for longevity until 2018, dying at the age of 93 and five months.

Jimmy Carter lost reelection to Ronald Reagan in 1980, but went on to become the most outstanding former President in his activities and commitments to public service, and has had the longest retirement of any President, nearly 38 years, and has just reached the age of 94, being 111 days younger than George H. W. Bush.

George H. W. Bush lost reelection to Bill Clinton in 1992, but went on to see his son, George W. Bush be inaugurated and serve two terms in the Presidency, and growing respect as he set the all time record of age 94 in June 2018.

A Moment To Celebrate The 167th Anniversary Of The New York Times, America’s Leading Media Source, Helping To Keep Us Free And Informed!

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In the midst of the sustained attack on freedom of the press going on in 2018, today is the 167th anniversary of America’s leading newspaper, the “newspaper of record”, the NEW YORK TIMES.

Since 1851, the New York Times has published and challenged the American government, foreign governments, and powerful economic forces, who have tried to limit the ability of that paper to report the truth of the news, and the paper has won 125 Pulitzer Prizes, more than any other newspaper. Its motto is “All the News That’s Fit to Print”. It has the notable New York Times Book Review, the New York Times Magazine, and the Sunday Review, all part of its Sunday edition.

The New York Times has not been perfect, anymore than any institution, as it failed to report accurately the Holocaust going on in Europe in World War II; the Israeli-Palestinian conflict in the Middle East over the past number of decades; and has been accused of distortion about the Iraq War, and the US-Iran relationship. The newspaper also has been accused of engagement in plagiarism by certain journalists, and accusations of bias, and public perceptions of lack of credibility and accuracy, including attacks by Right Wing propaganda groups, and President Donald Trump, who talks about the “Failing” New York Times, which actually is in very good financial shape.

Any researcher in just about any field of knowledge uses the former NY Times Index, as this author has done, and now available in the TimesMachine, the Online Archive of every issue of the paper since 1851.

The New York Times was extremely significant in promotion of the truth, when it won the right to publish the Pentagon Papers in 1971, in the Supreme Court case of New York Times Company V. United States, winning over the attempt of President Richard Nixon to prevent publication of the documents that traced the US involvement in Vietnam after 1945 through the late 1960s.

So let us all applaud the courage and determination of the brilliant journalists of the New York Times, who are now, in 2018, doing their job exposing the corruption and illegal activities of Donald Trump and his Presidency, alongside the Washington Post, Los Angeles Times, and Wall Street Journal, along with other media sources, including cable news channels CNN and MSNBC, along with ABC, NBC, and CBS.

The truth shall set us free and protect American democracy and the Constitution!

The Kavanaugh Supreme Court Battle Increases Chances Of Democratic Controlled Senate In 116th Congress

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The battle over the Supreme Court nomination of Brett Kavanaugh, who now faces further scrutiny, due to sexual assault charges, improves the chances of the Democrats being able to win the US Senate for the 116th Congress.

As a result of this situation, none of the ten “Red State” Democrats need to feel political pressure to back Kavanaugh, as three of them did for Neil Gorsuch in 2017.

And it seems highly likely that two Republican women Senators, Susan Collins of Maine and Lisa Murkowski of Alaska, will now be able to justify refusing to support Kavanaugh, if he does not withdraw.

Even two Senators who are leaving at the end of the year, Bob Corker of Tennessee and Jeff Flake of Arizona, might also reject Kavanaugh if he comes up for a vote after next week’s hearings for his accuser, as well as for Kavanaugh himself.

So it now seems likely that there will be no new Supreme Court nominee before the election, and probably not before the new Congress, and if the Democrats can win Arizona, Nevada, Tennessee, and Texas, or at least two of those states, and keep all 49 of their Senators, then they have the ability to tell Donald Trump, that they will refuse to accept any appointment to the Court, except Merrick Garland, who was denied a hearing in 2016.

Since Garland is a moderate centrist, and in his mid 60s, his appointment to the Court would be shorter in duration, but it would keep a balanced Court, and allow a good man to gain what he was entitled to two years ago.

So there may be yet some justice in this whole situation, or else Trump may have to live with a long term eight member Court.

Looking Back 17 Years To September 11, 2001, And This Day A Tuesday, Not To Happen Again Until 2029

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It is hard to believe, but it has been 17 years since the September 11 attacks on the World Trade Center, the Pentagon, and in Shanksville, Pennsylvania. Today is a Tuesday, the actual day of the week of the attack, not to be repeated again until 2029.

America lost whatever innocence it had on that day, when we lost 3,000 innocent human beings, and then lost 4.500 in the unnecessary Iraq War, that was planned as an excuse to go after Saddam Hussein, as well as the endless war in Afghanistan, where we have lost 2,400.

Additionally, about 2,000 firefighters, police, and rescue workers involved in the recovery have died from inhaling dust at the World Trade Center site, and many more are dying of cancer, so soon, we will have more victims in the aftermath of the September 11 attacks domestically, than actually died on that day.

Sadly, Osama Bin Laden, although later tracked down and killed in 2011, has triumphed in dividing the nation into a polarized state, and taken away our freedom and sense of security, under attack not only from terrorists, but also from right wingers who want to destroy our Constitution and Bill of Rights.

Their willing ally is President Donald Trump, who wishes to be President for life, and is systematically destroying our rule of law and constitutional order, without any intervention or opposition from the Republican party that nominated him. Now, he is being further assisted by the contested nomination of a Supreme Court Justice, Brett Kavanaugh, who seems ready to back Trump in any legal action, and prevent prosecution of a President who has committed Treason, and engaged in collaboration with Vladimir Putin of Russia, to fix his election, despite losing the popular vote by nearly 3 million votes.

America is in a constitutional crisis far greater than Watergate and Richard Nixon, with only the Civil War a greater event in its significance, and the crisis must be overcome by patriotic Americans who realize how dangerous Trump is, and MUST elect a Democratic Congress, and start the resistance to what Trump has been doing, in order to save everything decent that America represents.

It Is Time For Susan Collins, Lisa Murkowski, And Red State Democrats To Put Nation Ahead Of Their Own Senate Seats

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It is perfectly understood that all people who work like to keep their jobs and earn their income.

But there is no member of the US Senate that is “desperate” and “needy” to keep their jobs.

What is needed now is, as John F. Kennedy wrote, “Profiles in Courage”.

Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska, so called “moderate” Republicans, need to stand up and say, “NO WAY”, would they support Brett Kavanaugh to fill the available seat on the Supreme Court, since he clearly has a record of being anti abortion, and both women Senators claim they are pro choice, so they must refuse to support him.

It is clear that Brett Kavanaugh has committed perjury a number of times in earlier hearings before the Senate while under oath, and he should not be promoted to the Supreme Court, with his record of pursuing Bill Clinton with Ken Starr 20 years ago; his advocacy of torture in the Iraq War; his promotion of an anti gay marriage amendment under George W. Bush; and his unwillingness to say he would recuse himself from any case involving Trump and the scandals that have erupted in the past two years.

But even if Collins and Murkowksi were to back off on Kavanaugh, the requirement also is for Red State Democrats, who are running for reelection, to vote against Kavanaugh in unison, even if it leads to their defeat, which seems unlikely in the present political climate.

So that means West Virginia Senator Joe Manchin, North Dakota Senator Heidi Heitkamp, Indiana Senator Joe Donnelly, Montana Senator Jon Tester, and Missouri Senator Claire McCaskill MUST save the nation from a Right Wing extremist Supreme Court, even if they lose their seats, putting the nation ahead of their own ambitions.

Supreme Court Justice Predictability Not So: Nine Cases From Felix Frankfurter To David Souter

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As the hearings continue on the nomination of Circuit Court Judge Brett Kavanaugh to the Supreme Court, the question has arisen over whether Supreme Court Justices are predictable in their evolution on the Court.

The argument is that most Supreme Court Justices are “pegged” when they are considered for the Court, and do not disappoint the President and the party which nominated them for the Court.

But history actually tells us that there are quite a few exceptions to this perceived thought.

Felix Frankfurter (1939-1962), appointed by Franklin D. Roosevelt, migrated from an earlier liberal, almost radical view, to a clearly conservative view, disappointing many Democrats in the process.

Earl Warren (1953-1969), appointed Chief Justice by Republican Dwight D. Eisenhower, and thought to be a conservative oriented person, turned out in the mind of many Republicans “a flaming liberal”, totally surprising Eisenhower and many pleased Democrats and liberals.

William Brennan (1956-1990), appointed by Eisenhower, and a rare Catholic on the Court, and thought to be a conservative, turned out to be even more liberal in his jurisprudence, and lasted twice as long as Warren on the Supreme Court, stunning many conservatives and Republicans.

Byron White (1962-1993), appointed by John F. Kennedy, was thought to be a liberal, but was a consistent conservative in his years on the Court.

Harry Blackmun (1970-1994), appointed by Richard Nixon, started off as a conservative, along with his so called “Minnesota Twin” and colleague, Chief Justice Warren Burger, but veered sharply left more and more, diverging dramatically from Burger as the years went by, and honored by liberals as a great Supreme Court Justice.

John Paul Stevens (1975-2010), appointed by Gerald Ford, was thought to be a moderate conservative, but dramatically moved left in his jurisprudence, and remained on the Court for 35 years, third longest of any Justice in history, retiring at age 90, but still active at age 98 (the longest lived Justice ever), and still promoting liberal viewpoints.

Sandra Day O’Connor (1981-2006), appointed by Ronald Reagan as first woman on the Court, turned out to be far less conservative, veering toward the center, and seen as a balance on the Court, unpredictable during her tenure on the Court.

Anthony Kennedy (1988-2018), appointed by Reagan, and just retired, thought to be a hard line conservative, turned out to be the second “swing” vote with O’Connor, and then the true “swing” vote on the Court, joining the liberal side one third of the time.

David Souter (1990-2009), appointed by George H. W. Bush, was thought of as moving the Court to the Right, after William Brennan retired, but many Republicans and conservatives were severely disappointed in his unpredictability, and often his siding with the liberal view on many issues, more than one would have expected.

Notice, however, that seven of these nine cases, all but Frankfurter and White, were of Republican appointments that turned out to be much more “liberal” than one might have imagined, with only Frankfurter and White turning out to be more “conservative” than perceived at the time of their nominations to the Supreme Court.