The Real Constitutional Crisis

#2 In A Series

To help my reader keep up begin with Part One……https://lobotero.com/2019/11/25/thoughts-on-impeachment-and-the-trial/

As the House portion of this drama draws to a close we hear daily that we are in a Constitutional crisis….on that point I agree for we have a leader that thumbs his nose at the Constitution……

Yes I said “Thumbs” and in a wealth of ways……just a few of the ways he is in violation of the document……

Violation of Constitution on Domestic Emoluments; Violation of Constitution on Foreign Emoluments; Incitement of Violence; Interference With Voting Rights; Discrimination Based On Religion; Illegal War; Illegal Threat of Nuclear War; Abuse of Pardon Power; Obstruction of Justice; Politicizing Prosecutions; Failure to Reasonably Prepare for or Respond to Hurricanes Harvey and Maria; Separating Children and Infants from Families; Illegally Attempting to Influence an Election Tax Fraud and Public Misrepresentation; Assaulting Freedom of the Press; Supporting a Coup in Venezuela; Unconstitutional Declaration of Emergency; Instructing Border Patrol to Violate the Law; Refusal to Comply With Subpoenas; Declaration of Emergency Without Basis In Order to Violate the Will of Congress; Illegal Proliferation of Nuclear Technology; Illegally Removing the United States from the Intermediate-Range Nuclear Forces Treaty.

I know a few in that list is a bit of a stretch but it all comes down to interpretation

The Constitution itself is the crisis that we keep hearing about in the MSM and from those pundits with an agenda……

To no small degree, “our” (their) archaic Constitution is the constitutional crisis. It helped hatched the Trumpenstein and it is helping keep it in office perhaps for five or, God help us, more years. The way to get rid of this terrible tyrant is through a mass and prolonged popular rebellion that includes among its demands the call for a new national charter, one that includes among its provisions (just for starters) the abolition of anti-democratic absurdities like the Electoral College, the disenfranchisements of Puerto Rico and Washington DC, the provision of two Senators to each state regardless of its population size, the lifetime appointment of Supreme Court Justices, and the eviction of private money from public elections. The whole damn system that spat up/shat out Malignant Orange is guilty as Hell. As Dr. Martin Luther King, Jr. wrote not long before his death, “the real issue to be faced” beyond superficial matters is “the radical reconstruction of society itself.”

The Real Constitutional Crisis: The Constitution

Then we have those that say “not to worry this to shall pass”…..I say WRONG!

Even a former GOP Representative Justin Amash has made his thoughts known….

Independent Rep. Justin Amash said on Wednesday that U.S. Ambassador to the European Union Gordon Sondland’s testimony to House Intelligence Committee hearing on impeachment was the latest evidence against President Donald Trump that—if Trump was a regular person facing a grand jury—would result in certain indictment.

Amash, who left the Republican party in July 2019 over Trump’s behavior and the refusal of GOP leaders to hold him accountable, pointed out on Twitter that “impeachment in the House is an indictment.”

“If this were an ordinary prosecution, there’s no grand jury in America that would not return an indictment on the facts and evidence presented in these hearings,” said Amash.

https://www.commondreams.org/news/2019/11/20/ex-republican-justin-amash-says-theres-not-jury-country-wouldnt-indict-trump-based

One conservative (politician) with a spine does not a party make…..PERIOD!

The Trump presidency has changed everything and we will have a long journey back to normalcy…..if ever.

Apparently an oath given before God (if you believe that sort of thing) does not matter……..

Before you toadies go on the attack maybe it would help to refresh your memory (if you have one) of what the Constitution is all about…..

https://constitutioncenter.org/interactive-constitution

Better Angels My Ass!

I Read, I Wrote, You Know

“Lego Ergo Scribo”

Closing Thought–01Nov19

Can a president while in office make $500 million off a business deal?

I ask because of a story that I found while surfing them web…..the Trump Hotel in DC may hit the market soon…..

President Trump’s real estate company might unload a palatial hotel over complaints that government-ethics laws are being cast aside, the Wall Street Journal reports. The Trump Organization has hired a real estate firm to let go of the Trump International Hotel in Washington, DC, where Trump and other White House officials often dine and visit. Asking price: over $500 million, or $2 million per room, for leasing rights that extend nearly 100 years. This as Democrats, watchdog groups, and the inspector general of the General Services Administration—a federal agency that leases the hotel—raise red flags about the president possibly receiving “emoluments,” or things of value beyond his government paycheck.

Meanwhile, a federal appeals court said last month that plaintiffs (like competitors of Trump’s restaurants and hotels) can make legal claims against his businesses, per USA Today. And House committees led by Democrats are looking into possible emoluments problems involving Trump. “I’m skeptical that this latest development isn’t an attempt to make a massive profit that directly benefits the Trump family, so I will be following this marketing attempt closely,” says Rep. Peter DeFazio, D-Oregon. Eric Trump doesn’t deny it’s an issue: “People are objecting to us making so much money on the hotel, and therefore we may be willing to sell,” he says. Profits at the hotel increased by roughly $400,000 to $40.8 million in 2018.

I think that he should not be able to until after all evidence is presented……

Trump is NO longer a proud New Yorker….he now resides in Florida…….

President Trump is now officially a Florida man. According to documents seen by the New York Times, the president—who was born in Queens and has described himself as a lifelong New York City resident—changed his “primary residence” from Manhattan to Palm Beach, Florida, around a month ago. After the Times reported the change, Trump confirmed that he will be making Palm Beach, where he owns the Mar-a-Lago resort, his “Permanent Residence” after leaving the White House. He tweeted that while New York and its people will always have a special place in his heart, “unfortunately, despite the fact that I pay millions of dollars in city, state and local taxes each year, I have been treated very badly by the political leaders of both the city and state.”

“I hated having to make this decision but in the end it will be best for all concerned,” Trump added. Melania Trump filed the same “declaration of domicile” in Palm Beach County. NBC reports that the president has spent 99 days at Mar-a-Lago since becoming president—around 10% of his time in office—but only 20 at Trump Tower in Manhattan. Sources tell the Times the move is largely for tax reasons: Trump isn’t happy about Manhattan DA Cyrus Vance pursuing his tax returns, and Florida has no state income tax or inheritance tax.

Thoughts?

I Read, I Wrote, You Know

“Lego Ergo Scribo”

US Constitution 101

There is lots of talk about what the Constitution can and cannot do…..impeachment comes to mind…seems there are some pundits that are defining parts of the Constitution…..and they are WRONG!

It Illustrates just how badly this country needs a good civics program in our schools.  personally I think that a civics test should be given before they are allowed to graduate.

Enough bitchin’…… onward……

Trump has said that some Dems are guilty of treason and should be impeached……

President Trump is continuing to fight back against the impeachment inquiry by calling for his critics to be impeached. After calling for Mitt Romney’s impeachment on Saturday—and continuing to hammer him Sunday—the president called for the impeachment of House Speaker Nancy Pelosi on Sunday night, accusing her of treason. “She knew of all of the many Shifty Adam Schiff lies and massive frauds perpetrated upon Congress and the American people,” Trump tweeted. “This makes Nervous Nancy every bit as guilty as Liddle’ Adam Schiff for High Crimes and Misdemeanors, and even Treason. I guess that means that they, along with all of those that evilly ‘Colluded’ with them, must all be immediately Impeached!”

Then Trump thinks Mitt should also be impeached….

President Trump is calling for U.S. Sen. Mitt Romney’s impeachment — turning the tables on one of his chief Republican critics the day after the Bay State ex-pat slammed Trump’s calls for foreign countries to investigate presidential rival Joe Biden and his family as “appalling.”

“I’m hearing that the Great People of Utah are considering their vote for their Pompous Senator, Mitt Romney, to be a big mistake. I agree! He is a fool who is playing right into the hands of the Do Nothing Democrats!” Trump tweeted Saturday. “#IMPEACHMITTROMNEY.”

For a party that hugs the Constitution every election one would think that they would know what the document says about a couple of things.

First of all…….Member of Congress can’t be impeached, but they can be expelled with a two-thirds vote in the House or Senate.

Let me help the morons out here…..Article One Section 5……Section 5 says that Congress must have a minimum number of members present in order to meet, and that it may set fines for members who do not show up. It says that members may be expelled, that each house must keep a journal to record proceedings and votes, and that neither house can adjourn without the permission of the other.

Then there is the accusations by Trump that Dems are committing treason by their actions…..allow me to help these feckless tools out once again…..

Article 3 Section 3……Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Once again I write about the ignorance of your president on how the Constitution works.

It seems that they have this list of terms and they pick one to use for the day……yesterday it was “Kangaroo Court”……

Now we either hold to the concept our Founders put down on paper or we throw it in the trash can and let the whims of some deluded dictator wannabe become the law of the land.

Which shall it be?

The one accurate thing said by a GOPer yesterday…he called it a “Clown Show”….a great term to describe the American political process.

Be Smart!

Learn Stuff!

“Lego Ergo Scribo”

Constitution Day–17 September

We celebrate the founding of our country on Independence Day on 04 July….but all most people know is they have the day off and BBQ and drink beer.

Image result for constitution day images

Personally, I think the day we should celebrate is 17 September, Constitution Day, because it was when it became official….the US became a republic.

Constitution Day and Citizenship Day is observed each year on September 17 to commemorate the signing of the Constitution on September 17, 1787, and “recognize all who, by coming of age or by naturalization, have become citizens.”

This commemoration had its origin in 1940, when Congress passed a joint resolution authorizing and requesting the President to issue annually a proclamation setting aside the third Sunday in May for the public recognition of all who had attained the status of American citizenship. The designation for this day was “I Am An American Day.”

In 1952 Congress repealed this joint resolution and passed a new law moving the date to September 17 to commemorate “the formation and signing, on September 17, 1787, of the Constitution of the United States.” The day was still designated as “Citizenship Day” and retained its original purpose of recognizing all those who had attained American citizenship. This law urged civil and educational authorities of states, counties, cities and towns to make plans for the proper observance of the day and “for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the State and locality in which they reside.”

In 2004 under Senator Byrd’s urging, Congress changed the designation of this day to “Constitution Day and Citizenship Day” and added two new requirements in the commemoration of this Day. The first is that the head of every federal agency provide each employee with educational and training materials concerning the Constitution on September 17th. The second is that each educational institution which receives Federal funds should hold a program for students every September 17th.

https://www.loc.gov/law/help/commemorative-observations/constitution-day.php

Image result for constitution day images

This day is far more indicative of the nation that we were to become than the laundry list of grievances against England……

Then there is another document we should be celebrating……

The year was 1789.

And it was a very good year.

A writing of a document that is overshadowed by another document and is part of that document, the Constitution….that document would become known as the Bill of Rights…..

A list of the amendments that would define the society in which we now reside…..but is it as it should be today?

It’s been 230 years since James Madison drafted the Bill of Rights—the first ten amendments to the Constitution—as a means of protecting the people against government tyranny, and what do we have to show for it?

Nothing good.

In America today, the government does whatever it wants, freedom be damned.

We can pretend that the Constitution, which was written to hold the government accountable, is still our governing document, but the reality of life in the American police state tells a different story.

“We the people” have been terrorized, traumatized, and tricked into a semi-permanent state of compliance by a government that cares nothing for our lives or our liberties.

The Bill of Rights Turns 230: What Do We Have to Show for It? Nothing Good

Sometimes I feel as if these “Rights” are just words written two centuries ago that mean little today.

These are used as political props more than a blueprint for a society and its people.

Take some time and educate yourself on this document……too many people give it lip service without knowing the first thing about the document.

Learn about the Constitution……https://constitution.org/

Learn as much as you can about the US Constitution…..https://constitutioncenter.org/

Be Smart!

Learn Stuff!

Class Dismissed!

“Lego Ergo Scribo”

Closing Thought–13Jun19

These days we hear a lot of back and forth in the media about the Constitution especially the “Emoluments Clause”…..

Are you aware of what the “Emoluments Clause” has to say?

The Constitutional Provisions The Constitution mentions emoluments in three provisions, each sometimes referred to as the “Emoluments Clause”:The Foreign Emoluments Clause(art. I, § 9, cl. 8):“[N]o Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”The Domestic Emoluments Clause(a.k.a.the Presidential Emoluments Clause) (art. II, § 1, cl.7): “The President shall, at stated Times, receive for his Services, a Compensation which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.”The Ineligibility Clause(art. I, § 6, cl. 2): “No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments where of shall have been encreased during such time;and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Now what does the term “emolument” mean?

Black’s Law Dictionary defines an “emolument” as an “advantage, profit, or gain received as a result of one’s employment or one’s holding of office.” There is significant debate as to precisely what constitutes an “emolument” within the meaning of the Foreign and Domestic Emoluments Clauses, particularly as to whether it includes private, arm’s-length market transactions.The only two courts to decide this issue adopted a broad definition of “emolument” that includes profits from private transactions not arising from an office or employ.

Have you got all that?

Good!

I asked in an earlier post if we were having a Constitutional Crisis….and this goes along with that question in search of an answer.

Now the news that started this post…..as usual it was something the “Mouth on the Potomac” had to say…..

President Trump made what his opponents called a stunning admission during an ABC interview Wednesday: He said he would consider accepting damaging information on his 2020 rivals from foreign governments. “I think I’d take it,” the president told George Stephanopoulos. “I think you might want to listen, there isn’t anything wrong with listening,” Trump said. “If somebody called from a country, Norway, ‘We have information on your opponent’—oh, I think I’d want to hear it.” He rejected the suggestion that the information would be “interference” and said he would “maybe” go to the FBI if he thought there was “something wrong.” But “when you go and talk, honestly, to congressman, they all do it, they always have, and that’s the way it is,” Trump claimed. “It’s called oppo research.”

When Stephanopoulos told him that FBI Director Chris Wray had said the bureau should be contacted in such a case, Trump said: “The FBI director is wrong, because frankly it doesn’t happen like that in real life.” Trump’s remarks were swiftly condemned by potential 2020 rivals including Joe Biden, the BBC reports. Trump “is once again welcoming foreign interference in our elections,” he tweeted. “This isn’t about politics. It is a threat to our national security.” Former federal prosecutor David Weinstein tells Politico that Americans involved in elections have a “fundamental responsibility” to report contacts with foreign agents.

The FBI director is wrong? Seriously?

Now put any political affiliation aside…is this a violation of the Constitution?  Or should we just ignore the Constitution when it confronts our favorite politician?

Is This A Constitutional Crisis?

We hear a lot about the Congress and the president and the antics by each. My thought is there is a reason for a Committee called “oversight”…..and any time anyone interferes with the operation of that principle then they should be smacked down….matters not if it is a WH attorney, a child, the AG or the president himself…..we either live by the checks and balances or we start an imperial presidency.

I remember the calls for the impeachment of a president that got his wanker licked and those that called for such are now overlooking their “oversight” duties to massage the ego of a mental midget……

The conservative media is totally ignoring the crisis brewing and even are helping it destroy the democratic scheme we had before…..

As legal experts, historians, and Democratic lawmakers have sounded the alarm over President Donald Trump’s blanket obstruction of congressional oversight of his presidency — suggesting we have reached or are approaching a constitutional crisis — Trump’s conservative media allies are brazenly misrepresenting the arguments and suggesting everything boils down to a fight over the Mueller report, claiming Trump’s obstruction is normal, and ridiculing Democrats for speaking out.

https://www.mediamatters.org/research/2019/05/14/conservative-media-downplay-trump-administrations-unprecedented-stonewalling-congressional-oversight/223698

The media reports, if we may call it that, but it is sensationalism not anything but entertainment…..

So are we in a Constitutional crisis? Yes or No or what?

It is probably safe to say that this is not how we imagined America’s little fling with representative democracy would end. But on Wednesday morning, New York Rep. Jerrold Nadler described the battle unfolding between the Trump White House and Congress thusly: “The ongoing clash between congressional Democrats and President Trump over the Mueller report has turned into a full-blown constitutional crisis.” On Thursday morning, House Speaker Nancy Pelosi used the same turn of phrase, warning that the nation is now in a “constitutional crisis.”

In the totality of Trump scandals, this week’s is rather boring and technical. The problem at hand: The House Judiciary Committee seeks to interview William Barr, the attorney general of the United States, on the subject of the Mueller report. When he refused to show up, they voted to hold him in contempt of Congress for doing so. Meanwhile, the president has opted to assert seemingly boundless executive privilege in an attempt to shield the unredacted Mueller report from congressional scrutiny. The question at hand is basically: What happens in this standoff between Congress and the president? The stalemate, and immovable positioning, is certainly making it feel as though we are hurtling at high speeds toward a new precipice.

https://slate.com/news-and-politics/2019/05/trump-barr-constitutional-crisis-yes-no-or-wrong-question.html

To help you with the question…..there a 4 types of Constitutional crises……

People have been talking about the possibility of a “constitutional crisis” since before President Trump’s election. And in the wake of Trump’s executive order restricting the ability of people from seven predominantly Muslim nations to travel to the U.S., we’re once again hearing that term a lot. Rep. Don Beyer, a Virginia Democrat, used the phrase to describe reports of Customs and Border Protection officials snubbing members of Congress and refusing to abide by a judge’s ruling delaying the enforcement of the order. And the Washington Post’s Aaron Blake investigated whether Trump’s disparaging remarks about a federal judge who ruled against the administration could be considered a constitutional crisis.

So what exactly is a constitutional crisis? We should be clear about what does — and, more importantly, does not — merit this description. It’s possible to have a major political crisis even if the Constitution is crystal clear on the remedy, or to have a constitutional crisis that doesn’t ruffle many feathers.

Political and legal observers generally divide constitutional crises into four categories:

The 4 Types Of Constitutional Crises

Are we in crisis?  Is the Constitution still the law of the land?

As it is today I am not so sure any more.

This simple cartoon can answer the question better than I can…..

Against Bicameralism

We hear all the time about the Congress and how the two houses are dysfunctional……there is an answer to this chaos……

I wrote many years ago that I thought that my state should go to a unicameral system of representation…..it would save money and loosen up the legislative process from the standstill it suffers from every session.

As distinct from bicameral or even tricameral legislatures, unicameral legislatures meet and vote in a single chamber. The traditional justification of unicameralism is that it is cheaper, more efficient, and more responsive than bicameralism. The appeal of a single-chamber legislature increases in periods of legislative gridlock, making unicameralism a relevant alternative to bicameral representation, which excels at representing different social classes or geographic areas. Below, the fit between unicameral representation and responsive government is explored, first, by assessing the use of unicameralism in 2016, and then by outlining the basic merits and demerits of unicameral legislatures. The Anglo-American tradition of unicameralism is then surveyed. The discussion concludes with a brief overview of Nebraska’s single-chamber legislature.

For the lazy……

My regulars know that I am  history buff and that I try to educate my visitors on this country as well as other subjects….and in the beginning during the fight for the Constitution that were people that did not agree with Madison on the need for a bicameral system of representation.

James Madison famously wrote in Federalist 51 that “A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” Madison discussed the separation of powers between executive, legislative, and judicial branches, the additional division of the legislative branch into two chambers, and how their design can create a political invisible hand by which “the private interest of every individual may be a centinel over the public rights.”

I don’t know whether Madison employed the word “centinel” in this sentence to jab at the Antifederalist writer Centinel, who several months before lambasted the idea that separation-of-power systems can be designed to generate public virtue from the interaction of self-interested politicians. Perhaps. Contrary to Madison’s argument, however, for Centinel, only engaged and attentive citizens can keep politicians in line, not institutional designs that ostensibly create self-enforcing constitutional systems. There is no invisible hand for Centinel, at least not in politics.

https://www.lawliberty.org/2018/12/07/centinels-argument-against-bicameralism/

In my case the attempt that I tried to have a bill on the change from bicameral to unicameral was a non-starter…..I never thought I would be successful but at least I was hoping for some discussion…the “good old boys” shot me down and shot me down hard.

I still believe my state and the country would be better off with a unicameral system….

Thoughts?

Learn Stuff!

Class Dismissed!