Further Musings About My Country

Reading the articles, such as The Daily 202 in the Washington Post on November 2, 2020, that describe how Trump could lose the popular vote by more than he lost to Hillary but still win the presidency in 2020 in the Electoral College causes me grave concern. 

We love proclaiming ourselves a great democracy and, at least before Trump, we have often sought to spread this gospel throughout the rest of the world, particularly in developing countries. And yet, here we are again, worried about whether Trump can win again by narrowly prevailing in Florida and Pennsylvania, and holding on to the red states he won in 2016. 

Perhaps we were a nation of states in the 18th century and even through the 19th and early part of the 20th centuries. But I don’t think that describes the United States of America any longer.  We are a nation of people and, yes, a nation of groups of people. That a candidate can be elected president despite losing the popular vote by winning a combination of states, some by the narrowest of margins, is no longer permissible in this 21st-century. Such an outcome undermines the legitimacy of our institutions by denying the majority its democratic right to govern. It is undeniable that such an electoral outcome is permitted under our Constitution but that doesn’t mean it is appropriate. It likely means that Americans will increasingly lose respect for our institutions, including the Constitution itself. 

While our Constitution could be amended to eliminate the Electoral College, the amendment process is extremely cumbersome and the easiest process requires approval by a super majority of states.  Then, too, another governmental institution that undermines majority rule is the United States Senate in which each state, regardless of its size, is represented by two senators. And our Constitution expressly prohibits changing the structure of the Senate by amendment absent consent of the affected states, making change almost impossible.  It is very possible that over the next several decades this Senate structure will further undermine the legitimacy of our governmental institutions.  To be sure, demographic changes and electoral realignments could lessen or postpone the likelihood of such an outcome. 

Numerous books have been written about the exponential growth in power of the American presidency in the 20th century, particularly after World War II.  During Richard Nixon‘s tenure there was much said about an Imperial Presidency.  But, only under Trump‘s presidency have Americans become truly worried about an authoritarian president, with some drawing parallels to fascist autocrats in Europe before and during World War II. Trump‘s consistent refusal to accept Congressional oversight has made many Americans anxious about presidential authority and caused many to want to rein in that authority before it is further abused. Whether and how that can be done under our Constitution remains to be seen. Americans have increasingly discovered how important our norms have been in maintaining representative government, as opposed to the literal language in the Constitution and in statutes, as Trump has gone about trampling upon these very norms.  

Americans must pay attention not only to the impact of the Electoral College and the structure of the Senate on American democracy but also to the authority exercisable by our presidents. Reforms are needed. Change is needed. Whether they are effectuated may determine the continued viability of American democracy as well as civility in American society.❏ 

Musings about My Country

As addicted to politics as I am, I may still try to shut it down for the next day or two before the election. Too much out there, some encouraging and some discouraging, and who knows where the truth lies.  It’s not even a matter of “truth“ because what may be true today may no longer be true on Tuesday. And what happens on Tuesday may not survive events that occur thereafter. 

How many of us truly anticipated that the American political system would deliver us a Donald J Trump as president in our lifetime? And how many of us are still shocked today at the number of Americans who continue to fervently support him and make his reelection possible? American Exceptionalism? Yeah, right. 

It's Only Day 3 ...

Sheesh. We’re only in Day 3 of Speaker Nancy Pelosi’s “Formal Impeachment Inquiry” and I’m already bored.

Will this help Warren or Biden, our sharpest journalists who seldom care about substance are asking. Or perhaps that is the “real” substance of this story.

Rachel Maddow is continuing to recite her long drawn out bedtime stories, such as about Spiro Agnew, whose request to be impeached was denied.

Many of the same people who pitched tents on cable news to repeatedly assure us that the brilliant Robert Mueller would have Trump dead to rights are now telling us that Trump’s phone call with Ukraine’s Zelensky is the only smoking gun necessary to impeach and that many Republican Senators may well have their “come to Jesus” moments when required to vote in the Senate.

And John Dean, yes, that John Dean, together with Carl Bernstein, are serenading us on CNN with flashbacks to Watergate and comparisons between then and now.

Plus ça change, plus c’est la même chose.

Don’t misunderstand me. Trump deserves to be impeached and convicted. But, above all, I want a Democrat in the White House in 2021.

It is Time for House Democrats to Initiate Impeachment Proceedings Against Trump

WASHINGTON AND THE NATION, HEADS UP. I've changed my position. It is now time for House Democrats to begin well-organized impeachment proceedings against President Donald Trump. These proceedings will begin as investigations but let there be no question they are directed at considering the adoption of Articles of Impeachment. And the grounds for impeachment must go far beyond Trump's obstruction of justice as documented in the Mueller Report, and Trump and his team's involvement with Russia and Russian meddling during and in the 2016 election. It must include Trump's stonewalling Congress, his corruption, his misuse of campaign funds vis-a-vis Stormy Daniels, and more. BUT, House Democrats must organize for this undertaking, which they have failed miserably to do thus far. And Speaker Nancy Pelosi must change her stance and lead the charge.

 

Trump will not be convicted by the Senate even if Articles of Impeachment are brought. Sadly, Senators like Lindsey Graham and Marco Rubio will likely make sure of that. But the nation will learn of Trump's high crimes and misdemeanors nonetheless as the 2020 elections approach.

 

Democrats also, however, must balance their impeachment proceedings with a full focus during the 2020 election season on substantive policy issues that deeply concern the American people if Democrats are to hold the House, win the Presidency and perhaps take the Senate in 2020. These include providing for universal healthcare; gun regulation; infrastructure; student debt restructuring; an assault on the opioid epidemic; support for NATO; restoring a more balanced foreign policy that defends against and pushes back against China trade violations, Iran destabilizing activities, Russian meddling in elections and aggressions in Europe, but doesn't coddle dictators and autocrats; support for trade unionism and a decent minimum wage; support for and not ridiculing of urban centers, answers to homelessness, and the like; renewed protection of the environment; a humane immigration policy that doesn't separate children from their families, supports DACA young people, equitably addresses the status of long term undocumented immigrants in this country, but doesn't result in open borders; eliminating Trump executive orders that have undermined American values and its national interest.

 

Jake Sherman of POLITICO put things in perspective in this morning's (Sept 20, 2019) POLITICO Playbook as follows:

 

"GET THINKING ... HAS WASHINGTON ever been so frozen and so handcuffed by a president and his whims?

 

-- REPUBLICANS say they want to tighten gun laws, but they won't dare to utter a word about what kind of gun-control legislation they would support until Trump makes clear what he would support. And he's been almost completely silent. Burgess Everett: "The Senate surrenders legislating on guns to Trump": Sen. Johnny Isakson: "First time ever in history when the president sets the agenda every day when he tweets at 4 in the morning."

 

-- DEMOCRATS are having trouble conducting oversight because the White House has succeeded in dictating the terms under which they can do it -- without repercussion. The White House has blocked material witnesses. And the witnesses they can't block come to Capitol Hill and don't talk.

 

-- DEMOCRATS decline to impeach the president because, in part, they're worried about a sliver of members of Congress who have slivers of their constituencies who might or might not be offended by impeachment proceedings.

 

-- WHEN REPORTERS ask White House aides for information about policy, they are often hamstrung because a) they either have no idea what the president is thinking, or b) they are waiting for him to make his view public on Twitter."

 

https://www.politico.com/newsletters/playbook/2019/09/20/how-trump-has-handcuffed-washington-479490?nname=playbook&nid=0000014f-1646-d88f-a1cf-5f46b7bd0000&nrid=0000015a-dc5e-ddd0-adde-dd7eedc10000&nlid=630318

 

Democrats Must Walk and Chew Gum At the Same Time

I believe it is imperative that the Democrats walk and chew gum at the same time at this crucial moment in our democracy. The media will focus on political wrangling and not on substantive political issues. That tends to be the way they work, particularly during political campaigns. So Democrats must keep the public’s attention on their substantive programs, whether involving healthcare, climate change, education reform, civil rights, criminal justice, gun regulation, immigration, income and wealth disparities, voter suppression, or others. But Democrats must try to prioritize so that their substantive messages aren’t lost in the din and diluted. Speaker of the House Nancy Pelosi must play a leading role in this effort as the many Democratic candidates for the 2020 presidential nomination are fighting to distinguish themselves from the pack by picking different policy issues to embrace.

At the same time that they constantly discuss policy issues, Democrats must also focus on keeping Trump and his Administration accountable, particularly through Congressional oversight and other legitimate means. Democratic candidates for the nomination must make clear their positions on issues but at the same time that Trump himself — his lying, his violation of norms, his disparagement of the press — is also a central issue in this next election.

When it comes to impeachment, I have been leaning toward the positions espoused by Nancy Pelosi and Hillary Clinton. I believe it was the Senate hearings led by Senator Sam Ervin that played a central role in shaping the public‘s growing opposition to Richard Nixon‘s excesses in office and made possible effective impeachment hearings in the House and Nixon‘s subsequent resignation. Since today’s Democrats do not control the Senate, I have felt that House oversight investigations short of impeachment might play a similar function in educating and arousing the public. But, if Trump and his Administration continue to stonewall at every turn, whether in refusing to provide his tax returns or in refusing to comply with House oversight requests for documents and witnesses, then I think impeachment proceedings should commence and that the stonewalling should be an additional possible basis for articles of impeachment.

But, polls continue to show that many Americans are skeptical about impeachment and Nancy Pelosi’s concern that impeachment proceedings would be very divisive and might even play into Trump’s hand is very legitimate. It appears that most Americans remain focused more on their daily challenges and substantive policy issues relating to their everyday lives in sorting out their views on politics and politicians than on impeachment and the Mueller Report. Therefore, Democrats must continue to put their positions on substantive issues in front of the public in every way possible, even if impeachment proceedings begin, knowing that the media will not be their friend in that effort.

Democrats may not be able to avoid initiating impeachment proceedings. Some, like Elizabeth Warren, have called for the House to initiate impeachment proceedings. Others feel that it is the right thing to do in light of Mueller’s factual findings showing Trump’s obstruction of justice. Still others feel that it would give Democrats a stronger legal basis to demand that Trump and his Administration comply with subpoenas as Congress is expressly given the power of impeachment in the Constitution. If Democrats proceed with impeachment they must do so aggressively but fairly. They must push back against the likes of Republican Senate Majority Leader Mitch McConnell, who continues to play a very destructive role in undermining our democracy, Trump himself, and other apologists for this President. And Democrats must continue to address the everyday concerns of the American people and not let those issues become submerged in an impeachment fight. Again, the media will be of no help to the Democrats in that regard.☐

Vote DEMOCRATIC on Nov 6 2018

Trump has:
•cut taxes for super-rich & corporations
•threatened coverage of pre-existing conditions
•inspired violence
•deepened the “swamp”
•demonized a free press
•denigrated immigrants
•ripped children from parents
•denied climate change
•lied & lied 

VOTE DEMOCRATIC

On Trump and Birthright Citizenship

President Trump has recently proclaimed that he has the power and authority to eliminate birthright citizenship through an Executive Order.

Trump is not simply misinformed on the birthright citizenship issue. He is a devious, manipulative, serial liar who, unfortunately, is adept at marketing himself and controlling the news cycle. Fearful of losing House control in the upcoming midterm elections, Trump has returned to the theme that sadly worked so well for him during the 2016 campaign: immigration. First he sought to mobilize his base through lies about a so-called “caravan” of peoples trying to make their way through Mexico to the United States. Now he has turned his attention to so-called anchor babies by raising the birthright citizenship issue. He will say or do anything to try to stir up his base of true believers and often low information voters. Hopefully his efforts will fail and Democrats will capture the House.

On birthright citizenship, SCOTUS ruled in United States v. Wong Kim Ark, 169 U.S. 649, in 1898, that the pertinent 14th Amendment language grants U.S. citizenship to all those born in this country with two notable exceptions based on English common law — the first exception is for children of foreign diplomats born here; the second exception is for children of enemy aliens who are in control of a part of this country where the child is born. This second exception does not apply to children of aliens unlawfully here. Those unlawful aliens are not enemies who have taken physical control of a part of this country (and hence are not at that point under U.S. jurisdiction). Pursuant to this SCOTUS decision, birthright citizenship applies to children born here of unlawful immigrants. SCOTUS would have to overturn existing precedent, to be sure not something the current conservative majority is resistant to doing based on recent outcomes, and, in my view, only then could Congress legislate under its power to implement the 14th Amendment. This is not within the purview of an executive order. Of course, the Constitution could be amended. I hope it is not.

A few lawyers and law professors seek to distinguish the holding in Wong Kim Ark on its facts. I believe they are mistaken in seeking to do so and that a reading of the entire SCOTUS majority opinion will make clear that the exact alien status of the parents in Wong Kim Arkwas not consequential to the Court’s holding.