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Member since: Thu Dec 1, 2016, 05:57 PM
Number of posts: 1,700

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Our "revered" constitution

seems to have holes in it big enough to drive a truck through.Jut a few issues:

Emoluments clause apparently undefined and unenforceable.

Electoral college has resulted in 2 of the last 3 presidencies going to the candidate with fewer popular votes. "Will of the people", nah.

Abuse of presidential pardon power, not a major problem until we get a POTUS who refuses to follow traditional norms of decency and uses pardons to obstruct justice.

The two Senators per state concept has resulted in obscene disproportionate representation. In fact , six senators from California, Texas, and New York represented the same number of people as the 62 senators from the smallest 31 states.

What will it take to fix this?

Post Trump Presidency

Powers that have been granted to or seized by a POTUS have rarely been voluntarily relinquished by his successors. The authors below outline some areas of Presidential powers that need to be critically reviewed and redefined.

"In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era.In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more.Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms.After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world’s most powerful office..."

Applied to the Trump years

the conclusion seems undeniable :

"Typical” features of Fascism writes the novelist and semiotician, Umberto Eco, “cannot be organized into a system; many of them contradict each other, and are also typical of other kinds of despotism or fanaticism. But it is enough that one of them be present to allow fascism to coagulate around it.”

1.The cult of tradition. “One has only to look at the syllabus of every fascist movement to find the major traditionalist thinkers. The Nazi gnosis was nourished by traditionalist, syncretistic, occult elements.”
2.The rejection of modernism. “The Enlightenment, the Age of Reason, is seen as the beginning of modern depravity. In this sense Ur-Fascism can be defined as irrationalism.”
3.The cult of action for action’s sake. “Action being beautiful in itself, it must be taken before, or without, any previous reflection. Thinking is a form of emasculation.”
4.Disagreement is treason. “The critical spirit makes distinctions, and to distinguish is a sign of modernism. In modern culture the scientific community praises disagreement as a way to improve knowledge.”
5.Fear of difference. “The first appeal of a fascist or prematurely fascist movement is an appeal against the intruders. Thus Ur-Fascism is racist by definition.”
6.Appeal to social frustration. “One of the most typical features of the historical fascism was the appeal to a frustrated middle class, a class suffering from an economic crisis or feelings of political humiliation, and frightened by the pressure of lower social groups.”
7.The obsession with a plot. “Thus at the root of the Ur-Fascist psychology there is the obsession with a plot, possibly an international one. The followers must feel besieged.”
8.The enemy is both strong and weak. “By a continuous shifting of rhetorical focus, the enemies are at the same time too strong and too weak.”
9.Pacifism is trafficking with the enemy. “For Ur-Fascism there is no struggle for life but, rather, life is lived for struggle.”
10.Contempt for the weak. “Elitism is a typical aspect of any reactionary ideology.”
Everybody is educated to become a hero. “In Ur-Fascist ideology, heroism is the norm. This cult of heroism is strictly linked with the cult of death.”
11.Machismo and weaponry. “Machismo implies both disdain for women and intolerance and condemnation of nonstandard sexual habits, from chastity to homosexuality.”
12.Selective populism. “There is in our future a TV or Internet populism, in which the emotional response of a selected group of citizens can be presented and accepted as the Voice of the People.”
13.Ur-Fascism speaks Newspeak. “All the Nazi or Fascist schoolbooks made use of an impoverished vocabulary, and an elementary syntax, in order to limit the instruments for complex and critical reasoning.”

The rationale for stifling the 126

I see the theory here but have no idea about the mechanics of making it happen, votes needed ,courts to file in, etc.??

"The reasoning here is very simple. All members of Congress swear an oath to protect and defend the Constitution, which establishes a republican form of government. The whole point of a republic is that contests for power are conducted through a framework of rules and democratic elections, where all parties agree to respect the result whether they lose or win. Moreover, the premise of this lawsuit was completely preposterous — arguing in effect that states should not be allowed to set their own election rules if that means more Democrats can vote — and provides no evidence whatsoever for false allegations of tens of thousands of instances of voter fraud. Indeed, several of the representatives who support the lawsuit were themselves just elected by the very votes they now say are fraudulent. The proposed remedy — having Republican-dominated legislatures in only the four states that gave Biden his margin of victory select Trump electors — would be straight-up election theft.

In other words, this lawsuit, even though it didn't succeed, is a flagrant attempt to overturn the constitutional system and impose through authoritarian means the rule of a corrupt criminal whose doltish incompetence has gotten hundreds of thousands of Americans killed. It is a "seditious abuse of the judicial process," as the states of Georgia, Pennsylvania, Michigan, and Wisconsin jointly wrote in their response to Texas trying to steal their elections.

The Constitution, as goofy and jerry-rigged as it is, stipulates that insurrectionists who violate their oath are not allowed to serve in Congress. Section 3 of the Fourteenth Amendment, written to exclude Confederate Civil War traitors, says that "No person shall be a Senator or Representative in Congress … who … having previously taken an oath, as a member of Congress … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same[.]" How the Supreme Court ruled, or whether Republicans actually believe their lunatic claims, is irrelevant. It's still insurrection even if it doesn't work out.

Democrats would have every right, both under the Constitution and under the principle of popular sovereignty outlined in the Declaration of Independence, to convene a traitor-free Congress (also including similar acts committed by Republican senators like Lindsey Graham, David Perdue, Kelly Loeffler, and others), and pass such laws as would be necessary to preserve the American republic. That might include a national popular vote to decide the presidency, ironclad voting rights protections, a ban on gerrymandering either national or state district boundaries, full representation for the citizens of D.C. and Puerto Rico, regulations on internet platforms that are inflaming violent political extremism, a clear legal framework for the transfer of power that ends the lame duck period, and so on. States would be forced to agree to these measures before they can replace their traitorous representatives and senators. If the Supreme Court objects, more pro-democracy justices can be added.

This wouldn't be the first time such a thing has happened, either. Immediately after the Civil War, the Radical Republican Congress refused to seat delegations from the former rebellious states until they were satisfied with the progress of Reconstruction. Southern states were forced to ratify the Fourteenth and Fifteenth Amendments — which guaranteed due process and universal male suffrage — before their congressional delegations would be seated. (As a consequence, those delegations included numerous Black representatives, until Reconstruction was overthrown.)

It is virtually impossible to imagine the ancient, timid fossils that run the Democratic Party even considering this kind of thing (though remarkably, Rep. Bill Pascrell of New Jersey has) because it would require courage, vision, and honestly reckoning with the parlous state of the nation. It would not be illegal, but it would be a step beyond narrow legal proceduralism and into the uncharted waters of aggressive political innovation and raw will-to-power. It could conceivably touch off armed unrest in several states.

But it's not hard to see where the current conservative trajectory is headed. While elected Republicans have tried to overturn the election using increasingly blatant methods, top conservative pundits are mulling the idea of secession, as their treasonous fire-eater forebears did 160 years ago. The lie that Biden stole the election is now official GOP dogma. By the same token, it is not a coincidence that the Republican Party is ignoring the deadly pandemic (if not actively spreading the virus) while they try to overturn the Constitution. They feel they can safely ignore the welfare of the American people, because they are not accountable to them.

Unless this escalating conservative extremism halts from the inside somehow — which is not remotely in sight anywhere — this can only end eventually in a violent confrontation, or (much more likely) Democrats will simply give up and let themselves be defeated. Still, this country was founded by people who thought it was worth putting their lives at hazard to throw off tyrannical rule. Perhaps some of that spirit can once again be found."

The above from an earlier DU post



"The next time we elect a president,

for God's sake can we do a background check? "- David Letterman

Funny line but David forgets Trump admitted to being a sexual predator on every TV in America and at least 20 women had accused him of inappropriate behavior.
And endless requests for his tax returns were ignored.
Multiple bankruptcies failed to impugn his claim of financial acumen.
Trump settled numerous federal charges of red lining , discrimination and flat out fraud. Trump University anyone?

Let's be honest, the GOP knew what they were selling and way too many voters knew what they were buying. A pox on all their houses.

Wouldn't a non-specific Trump self-pardon, upheld by SCOTUS,

have the effect of crowning Joe Biden king ? It puts him above the law, plain and simple.
In fact, as an example, couldn't JB round up every member of the Trump gang and throw them in Guantanamo with the lame excuse "some people were saying" they took military secrets with them and would otherwise sell them to our enemies. Doesn't have to be true because JB would be outside the justice system. Trump caged innocent children who posed far less of a threat to our national security.

Is Trump really thinking through his abuse of the pardon power of POTUS, it could bite him on the ass?

Same deal with Trump resigning, "POTUS for a day' Pence granting him a non-specific pardon. If that's allowed to stand and Pence and then Harris are complicit, JB is effectively a king.

We really gotta tighten up some of the mechanics of our constitution.We're heading for a cliff and I believe even Trump will apply the brakes but then again I thought HRC would be elected.

I'm curious?

Does SCOTUS and staff mask up at work? Do they even meet these days or are they "zooming"?

This story spurred immediate comparison to Trump's assault

on the election results......

"Nov 18, 2020
For 15 years, Sweden thought they were hearing Russian submarines invading their territory. They regularly investigated, sending subs, boats, and helicopters at great expense, only to come up empty-handed.

Upon investigation by a biologist, it turned out to be herring farts."

Memo to progressives in the DC area

I'd be much obliged if y'all turned out HUGE for JB's Inauguration for comparative photo images.

Re: White House is putting out zero guests for the Sunday shows

Tapper tweet:


OK, let's flood the airways with the Progressive commentators.This is a gift, take it.
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