Nel's New Day

July 4, 2021

The 4th – “Christian,” DDT’s Ranking from the Bottom, Times Arizona’s Ballots Move

“What to the slave is the Fourth of July?” Frederick Douglass posed this question on July 5, 1852 before the Emancipation Proclamation, Civil War, and ratification of the 13th Amendment. The original U.S. Constitution defined men as “White men” when declaring equalty.

Women couldn’t vote in federal elections until 1920 and lacked other rights until the last part of the 20th century such as obtaining credit cards in their own name. Females still lack reproductive health rights in most of the GOP states.  Indigenous people weren’t U.S. citizens until 1924 and couldn’t vote until 1947. Other ethnic groups were banned from voting on July 4, 1776: Jews until 1828, people with Asian ancestry until 1952, Washington, D.C. residents until 1961, etc. In 1856, North Carolina was the last state to allow non-property Whites to vote. Thus today people celebrate freedom for all on a date that permitted freedom only for property-owning White people.For most of the time since the Civil War, laws and violent actions by Whites stopped Blacks from voting in many parts of the nation. On the last day of the 2021 term, the Supreme Court permitted an anti-voting law so onerous that minorities and the poor will be stopped from voting in Arizona; the law can move to other GOP-controlled states.  

 In the 21st century, evangelicals are declaring the United States was created as a “Christian nation” to block others from fully participating in the “freedom” of the country. In 2019, Marjorie Taylor Greene, now a Georgia-elected House member, told Muslims Ilhan Omar (D-MN) and Rashinda Tlaib (D-MI) they must retake their congressional oath on a Bible after using the Quran for the ceremony. Greene claimed the two women had performed an illegal act by not using a Christian Bible despite of the constitution demanding no “religious text.”

Fewer than ten years ago, the constitutions of eight states prevented non-religious people from being elected to office. Of three groups banned from holding office—ministers, atheists, and duelists—Tennessee plans to allow ministers to be elected. The constitution will not overturn the requirement of belief in God to “hold any office in the civil department of this state.” Duelists are still banned.

Christians, especially evangelicals, often claim the U.S. was founded as a “Christian nation,” using their religion to discriminate against groups such as LGBTQ. Yet they are wrong. Although people living in American colonies before 1776 were ruled by a religious nation, the British Empire, U.S. independence led to both religious and political independence. Even Baptists in the 18th century opposed government religion. In the 1790s, however, deism led to evangelical popularity, increasing in the 19th century and leading to the falsehood about a “Christian nation” to overcome secular principles within the nation’s founding.

Protestant Christian principles weren’t used to create founding documents and organize the government; these came from the Enlightenment, Whig, and classical republican theories for a secular governance. The U.S. became the first nation in history to have no religious disqualifications from officeholding and civil engagement, a legitimacy based on popular will and not a higher power.

Most founders were theological liberals who based the nation structure on a rational perspective. The few with more conventional Christian beliefs saw no conflict between faith and Enlightenment natural rights. The Declaration of Independence referred to rights as “endowed by their Creator,” but the U.S. Constitution has no reference to any deity except for the date “in the Year of our Lord,” added after the draft was approved at the Constitutional Convention. The text has no religious tests for officeholders, no national religion, and no interference with free exercise of faith, including lack of faith. Founders believed religion would corrupt the state and the state would corrupt religion.

The 1797 Treaty of Tripoli stated, “the Government of the United States of America is not, in any sense, founded on the Christian religion.” The document was introduced by George Washington, signed by John Adams, and unanimously ratified by a Senate half-full of the constitution’s signers. Conservatives in the mid-20th century ignored the Founders’ wishes, adding “one nation under God” to the Pledge and “In God We Trust” as the national motto. Along came the National Day of Prayer and National Prayer Breakfast to keep conservatives happy. In 1984, Richard John Neuhaus converted from being a Lutheran minister to a Catholic priest, declaring Catholicism, declaring politics as “unavoidably a moral concept, and that means the religiously grounded moral convictions of the American people cannot be excluded from the public square.” Evangelical followers absorbed the fiction of the U.S. as a “Christian nation.” Some evangelical leaders’ lies:

  • Fifty-two of the original 55 signers of the Constitution were “evangelical believers.”
  • The First Amendment refers only to Protestant denominations, thus a “Christian nation.”
  • “We do not restrict other people’s right to worship however they choose to worship, but that doesn’t men we treat all religions equally… Every other religion [that Christianity] is an poster, an infidel.”—David Barton
  • Test oaths and Christian establishments in the earliest state constitutions still apply today.

On the 4th of July, Deposed Donald Trump (DDT) became 4th—from the bottom—in C-SPAN’s Historians Survey of Presidential Leadership. Only Franklin Pierce, Andrew Johnson, and James Buchanan are below him. DDT is even five ranks below Herbert Hoover who caused the Great Depression. He did manage to achieve 44th—bottom—for Moral Authority and Administrative Skills. The GOP has made DDT the “leader” of their political party.

Barrack Obama moved into tenth place from earlier 12th rankings. Abraham Lincoln has ranked #1 since the survey started in 2000 as well as George Washington and Franklin Roosevelt in the next two places.

C-SPAN respondents were kind to DDT: In 2018, before COVID, DDT’s two impeachments, and the Capitol insurrection, a Boise State University survey rated DDT last. Even respondents identifying as GOP-leaning put DDT at 40th.

At #41 in competency, DDT hopes for a return to the White House in a fraudulent ballot count investigation in Maricopa County (AZ). Since the unknowledgeable company, Cyber Ninjas, undertook a “fraudit” of 2.1 million ballots over two months ago, the scandal continues, this one sexual harassment complaints by workers. Several women who complained about the harassment to management said management ignored them although witnesses and victims corroborated another victim’s account.

Complaints addressed more than one offender, but one man particularly cited in the complaint was kept employed for a month after management was alerted about his behavior. He demanded dates from women he considered attractive, engaged in unwanted touching, and made comments such as “you showing off your butt?” When he was rebuffed, he insulted them and made angry outbursts. A witness said:

“This issue seemed to stem from some type of anger over women having authority over him.”

The GOP Arizona Senate President Karen Fann released the following statement from the project’s “lead vendor,” possibly Cyber Ninjas:

“I have never received any written complaints of any type of sexual harassment, nor has a complaint like this been brought to my attention. The closest thing I can think of is I am aware of a single table manager who was cussing a lot, and had apparently told an inappropriate joke. We fired him immediately.”

For the 4th time, ballots and voting machines have been moved, this time to clear the coliseum for a gun show. In May, the workers had to leave for several days of high school graduations. Originally, the “fraudit” was scheduled for one week, starting April 23. A spokesman said the company has “a little more work to do.” An observer watching the process for Secretary of State Katie Hobbs, the chief elections officer, explained the delay may have been caused by workers trying to reconcile their own numbers. One worker asked why a sound process resulted in so many mistakes.

New procedures are constantly introduced as recently as this past week when workers started weighing all the boxes of ballots, supposedly to find more ballots. Ryan Macias, former acting director of certification and testing for the U.S. Election Assistance Commission, said:

“They are scrambling. They are tired. They are making mistakes. And the entire thing is chaotic.”

Hobbs wondered if the ongoing delays are to financially benefit fundraisers to obtain private funds supplementing the $150,000 in taxpayer dollars that the Senate appropriated for the process. Costs are now up to several millions, and Maricopa County must already pay over $6 million for new voting machines after the process compromised the old ones. She is also concerned about the safety and security of ballots as they are frequently moved, this time to a 19,000- square-foot exhibit hall at the fairgrounds building not temperature-controlled for July temperatures.

Last year, both state and federal judges rejected allegations of fraud or irregularities in Arizona’s vote after Joe Biden won the state by about 11,000 votes. In Maricopa County, hand recounts of randomly-selected ballots selected by both political parties and a forensic audit by federally accredited labs verified no widespread fraud. A QAnon film released last week, however, reinforces the GOP fantasy of a stolen election in Arizona.  

Enjoy your Fourth of July before Republicans kill democracy.

July 5, 2019

July 4, 2019 – The End of Democracy?   

“We are all one people,” Dictator Donald Trump (DDT) said to a crowd of invited Republicans permitted onto part of Washington, DC’s National Mall blocked from non-ticketed people with a chain link fence, belying the “one people.” Although he skipped over most of the partisan rhetoric typical of his campaign rallies, his speech focused almost entirely on his military. The man who avoided military service with five deferments and claims of bone spurs and whose children have never served called on all young people to join up for military service as he stood by the anachronistic behemoth tanks hauled to the Lincoln Memorial as backdrop for his jingoistic shindig. DDT’s fascination for tanks matches his other fascist leadership—suppressing the vote, turning the courts into a third GOP branch of government, concentration camps on the southern border, refusal to obey the law, and a goal of dismantling free media. 

Despite a largely nonpartisan speech, the ticketed event could still violate ethics rules because taxpayers are required to pay for a party that they cannot attend. The Department of the Interior stated that the event was “hosted by the President of the United States.”  https://www.thedailybeast.com/this-july-4th-has-everything-tanks-trumpand-scandal   Tickets were given to DDT’s election campaign to distribute and to donors. The Trump Hotel was also sold out for July 3-4 by big donors with a three-night mandated stay starting at $1,151 per night.. CEO’s of companies donating $750,000 of pyrotechnics, Phantom Fireworks and Fireworks by Grucci, for personal shoutouts from DDT and are pushing for him to lift tariffs on their imports from China. DDT gave those products a temporary reprieve last week.

Last minute preparations meant that White House officials had to beg people to take tickets, and many people receiving them gave them away to others. Service chiefs for the Army, Navy, Air Force, and Marine Corps were out of town. Many military families openly violated the rule that members of armed forces not participate in partisan political activity by wearing MAGA hats and chanting “Four more years.”

No one has approximated the number of people in the crowd; Fox described it as “thousands.” The live webcam of the National Mall and the Washington Monument disappeared for DDT’s event. 

If DDT had one disappointment for his July 4 party, it might be that he couldn’t have a parade with tanks like other despots by Benito Mussolini (Italy) and Adolf Hitler (Germany) while continuing to come from Kim Jong-Un (North Korea), Vladimir Putin (Russia), and Ayatollah Ali Khamenei (Iran). Although 243 years ago America tried to create a country independent a tyrant, Republicans are allowing DDT to reverse the process by destroying a celebration of freedom and independence on the Fourth of July. Instead DDT spent untold millions to ship in military equipment, mandate flyovers, and fence off a large portion of public land in Washington for ticketed Republicans, many of them donors. He still owes Washington, D.C. for his 2017 inauguration.

In selling the event, DDT falsely conflates his message with patriotism: 

  • Coming together for the common good—not fencing off people he thinks don’t support him.
  • Paying for the burdens of running the country—including the military—instead of avoiding his responsibilities.
  • Protecting democracy instead of buying off politicians and suppressing the vote.  
  • Promoting love—not hate—for the government to demonstrate that government is a way of collectively solving problems.
  • Stopping divisiveness by not fueling racist, ethnic, sexist, and homophobic divisions.

Christians who look at weather and occurrences might have noticed that their god cried, ranted, and (a scatological expression) on DDT and his crowd during the speech. Skies were dark for DDT’s flyover, and the Marine band performed in the rain. DDT postponed his speech because of the rain but still faced it behind the bulletproof glass while he spoke.

Part of DDT’s speech became surreal, using a term by Ivanka Trump:

“In June of 1775, the Continental Congress created a unified Army out of the Revolutionary Forces encamped around Boston and New York, and named after the great George Washington, commander in chief. The Continental Army suffered a bitter winter of Valley Forge, found glory across the waters of the Delaware and seized victory from Cornwallis of Yorktown.

“Our Army manned the air, it rammed the ramparts, it took over the airports, it did everything it had to do, and at Fort McHendry [sic], under the rocket’s red glare it had nothing but victory. And when dawn came, their star-spangled banner waved defiant.”

Corrections for DDT: the “Army” wasn’t named after George Washington; no airports existed in the U.S. until 1909; the winter was not “of” but “at” Valley Forge; Fort McHenry wasn’t built until 1800; the fort is 183 miles from Yorktown; and Fort McHenry’s ramparts were the site of a battle in the War of 1812 when lyrics to “The Star-Spangled Banner” were written.

DDT’s mistakes started a humorous Twitter storm, his mistakes were far more than ridiculous gaffes. He failed at reading from a teleprompter from a prepared speech, and he is the man who makes decisions for the nation—sometimes unconstitutionally—and controls U.S. entry into a nuclear war. Later he claimed that the teleprompter failed, but his display of ignorance is still abysmal. Everyone in the United States should be terrified.

Today, DDT headed to his New Jersey resort for three days of golf but still lives up to his cruelty toward immigrants. Now that DDT has new leadership in DHS and his July 4 party is over, he renewed raids to pick up undocumented migrants throughout the country, breaking up more families. ICE claims a “public safety” rationale for immigration arrests but actually creates target lists for specific numbers. Leaked documents for a September 2017 operation, Operation Mega, show a target of 8,400 noncitizens with information for five other ICE operations, meaning that logistical plans are repeated. Despite ICE denials, documents reveal that ICE raids are intended “to terrorize communities and instill fear,” according to Silky Shah, executive director of Detention Watch Network. “We’ve confirmed in government documents that ICE operations are politically motivated. Immigration raids are meant to terrorize communities and instill fear.“ The sweeps pick up non-targets, as many as 60 percent of those originally selected for the lists. DDT’s DHS also sent out notices to undocumented immigrations, fining each one of them almost $500,000 for “failing to depart the U.S.”

While DDT touted military force on the east end of the National Mall, others on the west end carried in their picnic hampers, waiting to hear singer-songwriter Carole King and the National Symphony Orchestra. Protesters burned a U.S. flag in front of the White House. Although they had a permit, the white supremacist Proud Boys, in town for a freedom of speech march on Saturday attacked them, some of them arrested.

For those who question why anyone should bother with criticisms for DDT’s July 4 party, Eric Vuillard, author of The Order of the Day about World War II, has an answer: “Great catastrophes often creep up on us in tiny steps.” Michael Winship explains:

“Because every bit of graft…, every small indignity inflicted, each gesture and symbol of disdain, are reflective of a greater, potentially fatal insult to democracy and a degradation of the greater good that was idealized by the men who signed the Declaration.”

Vuillard warned, “We never fall into the same abyss. But we always fall the same way, in a mixture of ridicule and dread.” And that’s the 2019 “Salute to DDT” on July 4th.

February 20, 2019

First Amendment Contorted by Love for Saudi Arabia, Clarence Thomas

Remember Jeff Bezos? For a week, the media focused on his “junk,” his battle with the National Enquirer, and his search for the person who ripped off his photos and documents such as texts and emails. Turns out that the guilty person is Bezos’ girlfriend’s gay brother. Then Bezos generated more media buzz when he pulled the Amazon headquarters from New York City, much to the disgust of some and delight of others.

The Bezos scandal highlighted the tie between the Enquirer and the Saudi government through Bezos’ letter to AMI, the owner of the tabloid. In its mandate that Bezos state he had “no knowledge” that the Enquirer’s coverage of his affair was “politically motivated or influenced by political forces,” people guessed that the issue was Dictator Donald Trump (DDT). David Pecker, AMI’s owner and DDT’s close associate, had an immunity deal with the DOJ for their criminal suppression of stories about DDT during his campaign, paying people for stories and then not printing them. Karen McDougal’s alleged affair with DDT was one of these articles that were killed before the election.

But Pecker may wanted the Washington Post, owned by Bezos, to stop printing negative news about Saudi Arabia. Pecker used his ties with DDT to cultivate Crown Prince Mohammed bin Salman (MBS) for business opportunities, including borrowing money to buy major publications such as Sports Illustrated, Time Magazine, Fortune, and Money.  magazine. AMI’s 97-page glossy propaganda about Saudi Arabia and featuring MBS on the cover sold at Walmarts across the nation as part of Pecker’s pandering.

Jamal Khashoggi, U.S. resident and journalist, worked for the WaPo, and his writings were highly critical of MBS. Before the Saudis tortured and dismembered Khashoggi, MBS had said that he would use a “bullet” on Khashoggi if he got the chance, according to WaPo reporting. On the same day the Wall Street Journal wrote that MBS was actively enlisting U.S. media outlets to remake his image in the West and met with Vice Media co-founder Shane Smith on a yacht to discuss “an international media empire to combat the kingdom’s rivals and remake its image in the West.”

“For reasons still to be better understood, the Saudi angle seems to hit a particularly sensitive nerve,” Bezos wrote. Former longtime Enquirer editor Jerry George said that Pecker was using Bezo’ damaging photos and documents as bargaining chips. As the story unraveled, Pecker failed because Bezos refused to give into blackmail. George cited AMI’s pro-Saudi propaganda as “suspicious” because the company was “cash poor” and “suddenly” got an “influx of cash.” He suggested that “there’s another shoe to drop,” referring to Robert Mueller’s investigation into “the Saudis’ role in all of this.” A restriction of AMI’s immunity included the company staying out of politics, and WaPo revealed that the company may not have lived up to its promises.

Last year, AMI contacted the DOJ to see if the company should register as a foreign agent but said that it didn’t get any Saudi funding for their Saudi propaganda. The DOJ said probably not, but AMI wrote that a Saudi adviser submitted content for its publication and then made changes to the final version after receiving an early draft. AMI’s extortion of Bezos has brought its relation to the Saudis has brought the issue back into visibility.

DDT, who denied his own intelligence showing that MBS was responsible for Khashoggi, now faces an investigation by House Democrats about DDT’s illegal push to sell nuclear power plants to Saudi Arabia over objections by national security officials and attorneys, a plan that may have directly benefited his son-in-law, Jared Kushner. Despite warnings of “potential conflicts of interest, national security risks and legal hurdles” in 2017, Energy Secretary Rick Perry and other DDT employees push for the sales. DDT plans to bypass Congress with an illegal technology transfer that can spread nuclear weapons throughout the Middle East.

Former national security adviser Michael Flynn, who pled guilty of lying to the FBI, was an early advocate for these sales after DDT’s inauguration and recommended that Barrack, who raised $107 million for DDT’s corrupt inaugural committee, be a special representative to carry out his nuclear plan. Appearing to be from DDT, a memo told federal agencies to do Barrack’s bidding.

The House reports Flynn’s working with retired military officers to circumvent U.S. law. After he resigned, the National Security Council continued with its plan in opposition to advice from its own ethics counsel. The next adviser, H.R. McMaster, said that the illegal work must stop, but McMaster left almost two months ago. Robert Mueller’s ongoing investigation has examined the possibility of Middle Eastern monarchies financially influencing DDT’s political activities, starting with his presidential campaign. Congress has not look at claims about the nuclear sales until this year because of GOP control.

In more First Amendment issues, the Covington Catholic High School (KY) teenager who appeared to harass Nathan Phillips, a Native American elder and veteran, is suing WaPo for $250 million. The defamation lawsuit alleges that the newspaper “engaged in a modern-day form of McCarthyism” and “wrongfully targeted and bullied” the “innocent child” Nick Sandmann. According to his lawyers, Sandmann is suffering from “the pain and destruction its attacks would cause to his life.”

The lawsuit reads like a political polemic:

“[The Post wanted to advance its well-known and easily documented, biased agenda against President Donald J. Trump (“the President”) by impugning individuals perceived to be supporters of the President…. [The Post’s coverage was] in furtherance of its political agenda … carried out by using its vast financial resources to enter the bully pulpit by publishing a series of false and defamatory print and online articles which effectively provided a worldwide megaphone to Phillips and other anti-Trump individuals and entities to smear a young boy who was in its view an acceptable casualty in their war against the President.”

Earlier this month, the Sandmann lawyers sent letters warning litigation to over 50 media organizations, celebrities, and politicians. As the wealthiest man in the world, WaPo owner Jeff Bezos has the most money and is considered DDT’s biggest media enemy, and the $250 million is the same amount that Bezos paid for the Post in 2013. Nick’s parents, Ted and Julie Sandmanns, say they want to “teach the Post a lesson it will never forget.” They argue that Nick is not a public figure, lowering the bar for winning their lawsuit.

While Nick was described as a “child,” the lawsuit calls Nathan Phillips “a phony war hero” who “targeted and bullied” Sandmann. Phillips said that Sandmann and his peers from Covington surrounded him after he tried to stop possible violence between them and a few Hebrew Israelites. About Sandmann’s comment on the Today show, Phillips used the terms “insincerity, lack of responsibility”—“coached and written up for him.” About the encounter, Phillips said that he was trying to get out of an ugly situation. “That guy in the hat [Sandmann] stood in my way, and we were at an impasse.” Phillips added, “Then I went to go pray about it …. I forgive him.”

The Sandmanns may find support in their war on freedom of the press from Supreme Court Clarence Thomas. He hopes to attack the media through his proposal to reconsider the 1964 case New York Times v. Sullivan which determined that public figures must have greater proof to claim libel. Thomas’ “roadmap” to  helping DDT’s change in libel laws permitting him to sue news organizations came after Thomas and his far-right activist wife Ginni Thomas had dinner with DDT and his wife Melania Trump. Trump’s pledge to change libel laws so he can sue news organizations for their reporting.

Last Tuesday, Thomas expressed concern about the high court’s refusal to hear an appeal from Katherine McKee, who claimed Bill Cosby’s lawyer leaked a letter that distorted her background and damaged her reputation after she claimed that Cosby raped her. Lower courts cited the Times v. Sullivan precedent in dismissing her case with the justification that disclosing her accusation required her to meet a higher libel standard of malice that applies to public figures. The decision to not take the case was unanimous, but Thomas wrote a sole opinion that the 1964 case was wrongly decided.

Since 1964, public officials can sue for libel only if the person responsible for the statement knows that the statement is false or if the person recklessly disregarded its falsehood. Subsequent Supreme Court cases have added all public figures to public officials to protect journalists and media organizations from intimidation by wealthy and/or powerful public figures wishing to exploit minor errors in reporting. That Supreme Court decision protect the media reporting on Thomas sexual harassment by Anita Hill. Thomas, who claims to be an originalist, following only the word of the U.S. Constitution and not its meaning, said, “We should carefully examine the original meaning [of the First Amendment.]” An early interpretation of this right, as shown by the first Sedition Act in 1798, was that the government could punish any published story, and the Sedition Act still exists. If the Supreme Court supports Thomas, the First Amendment could disappear.

October 30, 2018

Voters: ‘Don’t Take the Bait’

Dictator Donald Trump (DDT) came up with a new diversion today. He doesn’t want people to notice that the Republicans plan to get rid of pre-existing conditions on health plans and eviscerate Social Security and Medicare. He doesn’t want people to notice that the national debt is ballooning and the deficit is rapidly increasing because he is giving money to the wealthy and big business that he had promised to use for help to the other 80 percent. And he certainly doesn’t want people to know—right before the midterm elections—that they will suffer from his new policies. His strategy is to tell them that he is taking care of the non-existent immigration problem.

Today he told today that he plans to sign an executive order to overturn an amendment to the U.S. Constitution to strip people in the United States of their citizenship. The Fourteenth Amendment that specifically stated that almost everyone born in the U.S. automatically becomes a citizen was to erase the Supreme Court’s ruling in Dred Scott v. Sandford that blacks are “regarded as beings of an inferior order, and altogether unfit to associate with the white race either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect.” The 14th Amendment of the U.S. Constitution reads:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

People are “subject to the jurisdiction” of the U.S. if they are bound by its laws. Removing citizenship to children of undocumented immigrants would make these children immune to U.S. law altogether: the federal government could not arrest, detain, or deport them.

A decision in United States v. Wong Kim Ark (1898) gave a “limited exemption” that excluded children of members of Indian tribes, children born of alien enemies in hostile invasion and occupation, and children of diplomatic representatives of a foreign state—the latter two already exempted from citizenship by earlier law. Wong Kim Ark, a laborer, was born in the United States to “persons of Chinese descent, and subjects of the emperor of China.” The Supreme Court ruled that he was a citizen.

DDT’s appointee to the federal bench, Judge James Ho, may be the most conservative person to reach that position via DDT. His first judicial opinion ruled all campaign contribution limits unconstitutional, railed against the Affordable Care Act on an originalist basis, and laments—in his terms—the “moral tragedy of abortion.” Even this judge firmly from the lunatic fringe agrees with the 14th Amendment and not DDT. Or at least he did in 2011.

Even a racist Supreme Court rejected the idea over a century ago; the question is what the current GOP Supreme Court will do. Is allowing a president to arbitrarily overturn the constitution a bridge too far for Chief Justice John Roberts?

Republicans fought President Obama in any change of federal immigration law. That, however, may not block DDT’s power over immigration policy. They will probably agree with DDT that his position on citizenship is good campaign fodder.

Sen. Lindsey Graham (R-SC) is back to cozying up with his buddy DDT with his announcement that he will introduce a bill to replicate DDT’s executive order for ending birthright citizenship. Success for Graham requires two-thirds majorities in both congressional houses and ratification by three-fourths of the states. DDT has announced—wrongly, as usual—that an act of Congress can overturn the constitution and maybe even an executive order can accomplish that goal. Despite DDT’s lies, most countries in the Western Hemisphere, including Mexico and Canada, have forms of birthright citizenship.

VP Pence followed his claim that “we all cherish” the 14th Amendment by saying:

“The Supreme Court of the United States has never ruled on whether or not the language of the 14th Amendment subject to the jurisdiction thereof applies specifically to people who are in the country illegally.”

Axios, which tries to give the appearance of a mainstream internet media source, is in DDT’s pocket. That’s the reason that DDT gave Axios’ Jonathan Swan his press release about his new non-existent plan to change the constitution with an executive order. Like Chuck Todd on Meet the Press, Swan passively nods to every crazy GOP idea designed to hurt people. DDT delivers his wacko message, and Swan says, “Exactly.” Swan did tell DDT that his plan is “very much in dispute.” No, it is completely unconstitutional. But Swan tweets:

“Excited to share with you the first snippet from our interview with President Trump yesterday, ahead of the launch of Axios’ HBO show this Sunday evening.”

For Swan, it’s all about the ratings through enabling DDT, not the horrifying possibilities of DDT’s plan.

Sen. Amy Klobuchar (D-MN) urged voters not to “take the bait.” She added:

“He’ll say anything before the election. Don’t take the bait. Focus on ending the hate. Hug a kid. Be nice to someone you don’t know or agree with. And vote. Please vote.”

Klobuchar is right about not being distracted and being sure to vote. DDT uses his craziness to club people over the head with his immigration distractions. At the same time, he encourages white supremacy throughout the United States and puts everyone of color into great danger. He promotes his racist hatred to incite violence and killing, to reinstate the white genocide of the 19th century in the United States and promoting the election of only Republicans who will protect no one except wealthy white people.

The FBI concluded a year ago that white nationalists are as threatening to the U.S. as ISIS and that the threat of white nationalists will only grow. White supremacists have carried out three times as many attacks in the United States as people associated with ISIS, but the government holds no congressional hearings on white nationalist attacks. For the first 20 months after his inauguration, DDT protected and supported white nationalists; this past month he moved forward to declare that he is one of them by calling himself a “nationalist.” DDT has affiliated himself with white supremacists to help them drive everyone of color out of the United States. He follows his belief that he can do anything he wants without losing any support.

DDT claims that his self-identification of “nationalist” isn’t racist, yet his speech excoriating people of color overcomes this false claim. He also claims that he has nothing to do with any of the increasing violence in the nation; people are just doing it on their own without attention to his words, according to DDT. If his words mean nothing, why does he keep talking? Why does he keep attacking women and people of color? Because he loves the control and knows that some of the people will follow his “dog-whistles” to commit violence in his name.

If you want to protect democracy, if you want to keep the United States from being an armed battleground where no one is safe either inside or outside homes, don’t be discouraged by the GOP voter suppression that tries to keep everyone except the Republican base from casting ballots.

Vote! (And the deadline is November 6, no matter what Republicans tell you.)

October 23, 2017

The Dying Constitution

Filed under: Constitution — trp2011 @ 10:19 PM
Tags: , , ,

Regarding the First Amendment, Washington Post provided a look of surveys about freedoms that people have long taken for granted. The First Amendment reads:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

An annual survey published last month by the University of Pennsylvania’s Annenberg Public Policy Center:

  • 37 percent of Americans cannot name even one of the five rights guaranteed under the First Amendment.
  • Half of those surveyed named freedom of speech but no others.
  • Only 26 percent of respondents could name the three branches of government, down from 38 percent in 2011.
  • 39 percent support allowing Congress to stop the news media from reporting on any issue of national security.
  • Only 49 percent oppose this prior restraints, down from 55 percent last year.

Repetition makes false information sink into some people’s brains. According to a Politico-Morning Consult Poll:

  • 46 percent of registered voters believe major news organizations fabricate stories about him.
  • Only 37 percent of Americans think the mainstream media does not invent stories, while the rest are undecided.
  • Over 75 percent of Republicans believe reporters make up stories about Trump.
  • 28 percent of people want the federal government to have the ability to revoke the broadcast licenses of major news organizations if it says they are fabricating news stories about the president or the administration. (Only 51 percent think the government should not be able to do that.)
  • 46 percent of Republicans think the government should have the power to revoke licenses if it says stories are false. (They should be careful what they wish if a law like this can revoke Fox’s license.)

A national survey conducted by the Newseum Institute in May:

  • 23 percent think the First Amendment “goes too far.”
  • 74 percent do not think “fake news” should be protected by the First Amendment.
  • 43 percent of respondents felt that colleges should have the right to ban controversial campus speakers.
  • Only 59 percent believe that religious freedom should apply to all religious groups. Among those between the ages of 18 to 29, just 49 percent support equal protection for all religious faiths, compared to over 60 percent for every other age group.

An online survey of 1,500 undergraduate students at U.S. four-year colleges and universities in the last week by Brookings senior fellow John Villasenor:

  • Only 39 percent of respondents said that the First Amendment protects “hate speech,” while 44 percent said it does not.
  • 62 percent had the mistaken belief that, under the First Amendment, an on-campus organization hosting an “offensive” speaker is legally required to ensure that there is also a speaker who presents an opposing viewpoint.
  • 19 percent said it is acceptable for a student group to use violence to prevent a guest speaker it opposes from appearing on campus.

A Pew Research Center study from 2015:

  • 40 percent of millennials accept the government preventing people from making unspecified statements that are “offensive to minority groups.”

YouGov poll for the libertarian Cato Institute, released two weeks ago:

  • 40 percent of people think government should prevent people from engaging in hate speech.
  • 46 percent would support a law making it illegal to say offensive things about African Americans.
  • 41 percent would ban insults for Jews.
  • 40 percent would ban insults for immigrants and military-service members.
  • 39 percent would ban insults for Hispanics.
  • 37 percent would ban insults for Muslims.
  • 36 percent would ban insults for LGBTQ people.
  • 35 percent would ban insults for Christians.
  • 51 percent of Democrats would favor a law “requiring people to refer to a transgender person by their preferred gender pronouns and not according to their biological sex.”

Republicans wave the Constitution in front of people just as they do the flag, but they don’t necessarily follow it. More from the Cato Institute:

  • 36 percent of Republicans would support prohibiting offensive public statements aimed at the police.
  • 72 percent of Republicans want a law to punish people for burning or desecrating the U.S. flag.
  • 53 percent of Republicans favor “stripping a person of their U.S. citizenship if they burn the American flag.”
  • 67 percent of Republicans favor a law to “prohibit face coverings in public spaces.”
  • Almost 50 percent of Republicans would ban the construction of mosques in their community.
  • 50 percent of Republicans say the press in America has too much freedom to do what it wants.
  • 63 percent of Republicans say  journalists are “an enemy of the American people.”
  • 72 percent of Republicans in the poll said that colleges and universities are not doing enough “to teach young Americans about the value of free speech.”
  • 90 percent of Republicans think political correctness is “a big problem this country has.”

James Hohmann wrote “why these numbers matter”:

“If we lose the confidence that good ideas will overtake bad ones in the marketplace of ideas, if we lose the sense that we may disagree with offensive comments our neighbors say but we’ll defend to the death their right to say them and if we lose the willingness to honestly debate hard issues, then the United States will keep becoming more tribal and, eventually, less free.”

In a 1945 essay, George Orwell wrote:

“If large numbers of people believe in freedom of speech, there will be freedom of speech even if the law forbids it. But if public opinion is sluggish, inconvenient minorities will be prosecuted, even if laws exist to protect them.”

Sen. Ben Sasse (R-NE), said:

 “The First Amendment is the beating heart of the American experiment, and you don’t get to separate the freedoms that are in there. You don’t have religion without assembly. You don’t have speech without press. We all need to celebrate all five of those freedoms, because that’s how the ‘e pluribus unum’ stuff works.”

A First Amendment debate arose over the right of athletes to kneel during the national anthem. Dictator Donald Trump (DDT) told the NFL to fire their employees if they did this. DDT may himself be violating the First Amendment if his purpose is to suppress citizen speech. In 1963, the Supreme Court ruled in Bantam Books, Inc. v. Rhode Island that ruled that a Rhode Island commission was engaging in “state censorship.” The purpose of DDT’s verbal campaign has been to suppress speech that offends him.

Merely offensive speech cannot be censored according to a 1989 Supreme Court case protecting flag burning. Justice William J. Brennan, Jr. wrote:

“If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

Robert Post, Sterling professor at Yale Law School, wrote that DDT’s statements were worse than the Rhode Island’s commission because he is trying to stop “political speech protesting law enforcement’s unfair treatment of minorities.” Using the power of his office, he is threatening NFL owners with paying additional taxes if their athletes continue behavior that offends him. Even if DDT doesn’t take action, a “reasonable” belief that he is using the government to repress speech can still violate the First Amendment.

DDT has sworn an oath to “preserve, protect and defend the Constitution of the United States.” A vital part of the Constitution is democratic self-government by “We the people.” “Attacks on the political speech of private citizens … undermines integrity of “We the people.” Divisiveness destroys stability which leads to constitutional failure. Loss of the Constitution means loss of democracy as DDT leads the nation toward authoritarianism.

August 9, 2017

Washington Subway Bans Constitution

Should a government entity be required to obey the U.S. Constitution? That’s the question raised by the ACLU after the tax-supported Washington Metropolitan Area Transit Authority (WMATA) refused its paid ad that quoted the First Amendment. WMATA claims that it restricts “controversial” advertising and turned down ads from Carafem, a healthcare network that provides access to birth control and medication abortion; People for the Ethical Treatment of Animals (PETA); and Milo Worldwide LLC, the corporate entity of provocateur Milo Yiannopoulos.

To communicate support for Muslims (freedom of religion) and the media (freedom of the press), ACLU put up ads in Arabic, English, and Spanish that simply cited the First Amendment.

WMATA refused the ACLU because of its policy forbidding advertisements “intended to influence members of the public regarding an issue on which there are varying opinions” or “intended to influence public policy.” The tax-aid transit accepts beer (no problem with alcoholism), mink coats, Coke-or-Pepsi jokes, etc.—no “varying opinions” there. The PETA ad showed a pig with the text, “I’m ME, Not MEAT. See the individual. Go Vegan.” WMATA has several ads asking their riders to eat animal-based food, wear clothing from animals parts, and attend circus performances. It did suggest that they might run the PETA ad with the removal of “Go Vegan.” To ACLU, WMATA stated, “You’ll have to dramatically change your creative.”

Ads for Milo Worldwide LLC were initially accepted. The author of Dangerous brands feminism a cancer, proposes that transgender people have psychological problems, and compares Black Lives activists to KKK. His ads showed Milo Yiannopoulos’ face, a suggestions that his new book be ordered, and one of four quotations from his reviews: “The most hated man on the Internet” (Nation); “The ultimate troll” (Fusion); “The Kanye West of Journalism” (Red Alert Politics); and “Internet Supervillain” (Out Magazine). In contrast to his writings and speeches, the ads didn’t appear to influence except for selling the book. The ads stayed for 10 days until WMATA got complaints.

These ads—including the First Amendment—were considered “controversial,” but those from gambling casinos, military contractors, and internet sex apps weren’t. PETA was rejected, but a restaurant dish “PORKADISE FOUND” was advertised. The same for a rejection of Yiannopoulos’ book while advertising movie ads of four women drooling over a male stripper.

ACLU’s lawsuit requests that the court declare parts of WMATA’s advertising guidelines unconstitutional because they violate free speech rights and are unconstitutionally vague. Although disagreeing with Yiannopoulos’ viewpoints, the organization also filed a motion on behalf of Milo Worldwide LLC for restitution of loss of revenue by the wrongful removal of advertisements for his book.

Arthur Spitzer, the legal director for the ACLU in Washington, stated:

 “The First Amendment protects the speech of everyone from discriminatory government censorship, whether you agree with the message or not.

For the better part of a century, the Supreme Court has wobbled back and forth on the exemption of “commercial speech” from the First Amendment. But to prevent the First Amendment as an advertisement? This is not freedom of speech!

February 19, 2017

The Struggle to Regain Free Speech

The biggest shock I received from the news during the past few days did not come from Dictator Donald Trump (DDT). It was the ruling from the 11th Circuit Court of Appeals that struck down a Florida law restricting doctors’ First Amendment free speech rights when talking to patients about guns. In a 10-1 vote, the court overturned laws preventing doctors from asking patients questions about guns in their home, putting any “non-relevant” information about gun ownership in a medical record, and “unnecessarily harassing a patient about firearm ownership during an examination.” The law still prohibits discrimination against patients who don’t answer the doctors’ questions.

The ruling sends a message that government does not have the ability to prevent unpopular speech, a vital decision because government increasingly suppresses language. Although the court covers only two states other than Florida—Alabama and Georgia—it establishes a precedent for other courts and could affect the nation if the case moves to the Supreme Court to a supportive First Amendment ruling.

Throughout history governments have tried to control doctors’ free speech. Chinese doctors were sent to rural areas during the Cultural Revolution to convince patients to use contraception, and the Soviet government ordered physicians during the building of the Siberian railroad in the 1930s to deny medical leave requests and keep the order from patients. Nazi Germany taught doctors that their higher duty was to the “health of the Volk” over their individual patients while many of them performed horrifying surgical experiments on humans. Romanian dictator Nicolae Ceausescu’s plan to increase the nation’s birth rate stopped doctors’ advising patients about birth control and providing information about prevention of the transmission of AIDS and HIV infections by the use of condoms.

Legislators in 38 of the United States order doctors and women’s clinics what to tell women requesting abortions, some of this information inaccurate and misleading. These doctors must tell women about a non-existent link between abortion and an increased risk of breast cancer, suicide, or future infertility. In 28 states, informed consent forms and brochures in clinics must provide legislative-chosen information about alternatives to abortion, the risks associated with abortion, and fetal development stages.

Some states require non-scientific and non-medical language for doctors’ counseling, mandatory brochures, and informed consent forms such as referring to embryos as “unborn children,” insisting that life begins at conception, lying that a fetus feels pain at 20 weeks, and stating that abortion at any stage terminates the life of a separate, living being. Twenty-eight states require that women wait between 24 and 72 hours between their visits to doctors and the procedure in reflect on her decision—and an attempt to humiliate her.

Government uses religious values in their lies to prevent abortions. There is no link between abortion and breast cancer according to the National Cancer Institute, the American Cancer Society, and the American College of Obstetricians and Gynecologist. There is no “post-abortion syndrome,” according to the American Psychological Association (APA) or the American Psychiatric Association. The APA found that “there is no credible evidence that a single elective abortion of an unwanted pregnancy in and of itself causes mental health problems for adult women,” noting most studies that claim otherwise “suffered from serious methodological problems.” There is no link between abortion and infertility. And fetuses cannot feel pain until 24 weeks at the earliest.

This article gives a list of states with their laws as of August 2016. Since then, one more state is mandating that doctors lie to patients about the non-existent link between abortion and the occurrence of breast cancer.

The new president added fuel to the abortion controversy at the last presidential debate when he declared that doctors do abortions in the “ninth month” of pregnancy. In his false bombastic rhetoric, DDT said that “you can take the baby and rip the baby out of the womb in the ninth month, on the final day.” This is called a Cesarean  or C-section, and it doesn’t kill the baby.

Religious–or pandering—lawmakers with the goal to prevent all abortions fail to recognize only 1.3 percent of abortions happen at or after 21 weeks and 91 percent of them happen before 13 weeks. The ones that occur late in the pregnancy almost always are required by dead or seriously deformed fetuses. With the religious fervor to keep all fetuses coming out of the uteruses at full term, the House voted last Thursday, 230-188, to overturn an Obama-era rule banning states from denying federal funds to Planned Parenthood and other health care providers that perform abortions. Thirteen states can return to their non-support for Planned Parenthood. A repeal of the Affordable Care Act would remove money from caring for the severely mentally and physically disabled children resulting from the lack of abortions.

Religion was the reason behind DDT’s removal of U.S. funding from any overseas organization that mentions abortion. The money doesn’t go toward abortions: the Mexico City Policy is simply a suppression of free speech. When George W Bush reimposed the global gag rule, he erased shipments of contraceptives to 16 countries in sub-Saharan Africa, Asia, and the Middle East. The elimination of these shipments cut off condoms for Lesotho Planned Parenthood, the only available place in a country where one in four women were infected with HIV. Like George W., DDT will create more unwanted pregnancies and more cases of HIV.

ddt-signs-mexico-act

The above photograph of DDT signing an act that affects millions of women shows that limiting women’s reproductive rights is largely a “guy thing.”

The worship of DDT is creating threats to democracy. In attempts to avoid protesters, over two-thirds of the congressional Republicans refuse to have town halls during the current recess. DDT’s tweet explains the lies that they are spreading:

“Professional anarchists, thugs and paid protesters are proving the point of the millions of people who voted to MAKE AMERICA GREAT AGAIN!”

GOP legislatures in at least ten states are introducing bills to stop dissent permitted by the First Amendment, that gives the “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”:

  • Colorado: Greatly increase penalties for environmental protesters up to felonies resulting in prison and fines up to $100,000.
  • Indiana: Publish officials could immediately dispatch “all available law enforcement” to clear a traffic blockade involving at least 10 people “by any means necessary.” People have nicknamed the bill “block traffic and you die.”
  • Iowa: Creates penalty of five years in prison for traffic disruptions.
  • Michigan: Boost anti-picketing penalties, especially for union members who try to boycott a business’s profits.
  • Minnesota: Penalties for blocking traffic.
  • Missouri: Prohibit demonstrators from wearing masks or robes. (Does that count the Ku Klux Klan?)
  • North Carolina: Imprison people who intimidate ex-officials because a group followed former Gov. Pat McCrory (king of the “potty police” law) and chanting “Shame!” His discriminatory law cost the state millions of dollars and hundreds of jobs.
  • North Dakota: Criminalize road protests, restrict wearing apparel, and allow government to sue for enforcement costs. An additional proposal would exempt drivers from liability if they injure or kill a pedestrian obstructing traffic on a public road.
  • Virginia: Imprison people engaged in an “unlawful assembly” after “having been lawfully warned to disperse.”
  • Washington: Classify as “economic terrorism” any permit-less protest that causes harm to the flow of commerce.

DDT has his phone back and is angrily tweeting his “war on the press.” His latest salvo is declaring the media as the “enemy of the people.” Beginning with The New York Times, CNN and NBC News, he quickly added ABC and CBS. That’s a major U.S. newspaper and all three mainstream television channels. DDT is patterning his actions on ancient Rome and later Russia’s communist revolution a century ago which was followed by massive purges ordered by Soviet dictator Josef Stalin.

DDT rants included a quote from Thomas Jefferson about his hate for the press. The press quoted DDT but failed to show how DDT’s message was out of context.  The Founding Father also said,“Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.”

We can only hope that the 11th Circuit Court took the first step toward reinstating free speech and free press in the United States as guaranteed by the First Amendment of the U.S. Constitution.

“Indifference about the distinction between truth and lies is the precondition of fascism. When truth perishes so does freedom.”—Simon Shama, British historian

January 28, 2015

Fix the Supreme Court’s Constitution

Conservative justices serving on the Supreme Court try to make people believe that every ruling that they make follows the U.S. Constitution literally—just as fundamentalist Christian leaders swear that every word out of their mouths came from their bible. Both conservative elements are wrong, however, and retired Justice John Paul Stevens has written a book suggesting how the constitution can be brought back into its original text. Six Amendments: How and Why We Should Change the Constitution presents these recommendations with an explanation of the problem and the history to the issues.

Following is a summary of these amendments, thanks to a posting on Daily Kos.

The “Anti-Commandeering” Rule: A 1997 5-4 ruling bans Congress from ordering state officials to carry out federal duties because two county sheriffs didn’t want to carry out Brady Act-mandated background checks for firearm sales. Now people prone to violence, such as the Virginia Tech mass shooter in 2007, can easily get guns. The ruling also affects other federal laws such as emergency responses to national catastrophes and acts of terror.

Suggested amendment adding the four words in boldface to the Constitution’s Supremacy Clause: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges and other public officials in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Political Gerrymandering: The practice of gerrymandering, loading districts with people registered in one political party, makes politicians more radical and elections less competitive, according to Stevens. A 1986 Supreme Court ruling eliminated most challenges to state legislatures controlling elections of U.S. House members: “[A] finding of unconstitutionality must [show] continued frustration of the will of a majority of the voters or effective denial to a minority of the voters of a fair chance to influence the political process.” Stevens believes that public power should not be allowed to enhance “the political strength of the majority party.”

Suggested amendment: “Districts represented by members of Congress, or by members of any state legislative body, shall be compact and composed of contiguous territory. The state shall have the burden of justifying any departures from this requirement by reference to neutral criteria such as natural, political, or historic boundaries or demographic changes. The interest in enhancing or preserving the political power of the party in control of the state government is not such a neutral criterion.”

Campaign Finance: Congress passed a law 108 years ago that banned all corporate contributions to political candidates; this federal law was followed by many states passing total bans of corporate activity to influence public policy. The laws were slowly reversed, culminating in the 2010 Supreme Court disaster that gave corporations the unlimited right to finance campaign speech. Feeling that they had not gone far enough, the same five justices struck down any limit on total donations a person could make to candidates four years later, giving rich persons the right to spend millions in a single election. Three “sulky Supremes”—Justices Alito, Scalia, and Thomas—annually boycott President Obama’s State of the Union speech because he disagrees with their ruling. Thanks to the Supreme Court, the two Koch brothers plan to spend almost $1 billion in the 2016 election—more than the GOP—to control the results. Stevens purports that the problem can be solved by an amendment stating that corporations are not persons and money is not speech.

Suggested amendment: “Neither the First Amendment nor any other provision of this Constitution shall be construed to prohibit the Congress or any state from imposing reasonable limits on the amount of money that candidates for public office, or their supporters, may spend in election campaigns.”

Sovereign Immunity: Citizens of one state are banned from suing another state in federal court, according to the 11th Amendment. This legal doctrine of “sovereign immunity” originated in 1400 when the king didn’t want to be sued without his consent. It shields the “sovereign,” any of the individual states, from court action by putting it above the law. Stevens disagrees and gives the argument against this amendment from Chief Justice Oliver Wendell Holmes: “It is revolting to have no better reason for a rule of law than that it was so laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since and the rule simply persists from blind imitation of the past.” Chief Justice William Rehnquist began a spate of rulings that extended sovereign immunity and weakened state compliance with national law. For example, Illinois avoided paying damages for non-compliance with a federal law for aiding aged, blind and disabled persons in 1974, and 15 years later the Rehnquist Court used this unwritten state sovereignty rule to keep Congress from authorizing the suing of a state of violating the Fair Labor Standards Act. In this case, Maine successfully refused to pay probation workers overtime. According to Stevens, state-owned institutions such as hospitals or police forces should not have a defense to federal claims that private institutions lack.

Suggested amendment: “Neither the Tenth Amendment, the Eleventh Amendment, nor any other provision of this Constitution, shall be construed to provide any state, state agency, or state officer with an immunity from liability for violating any act of Congress, or any provision of this Constitution.”

The Death Penalty: Arguments for the death penalty such as deterrence of crime are invalid, and DNA technology shows that many convicted murders, some already put to death, are innocent of the crime. Supreme Court rulings, including upholding a judge’s jury instruction to choose death when the evidence for and against it is balanced, made the death penalty more likely.

Suggested amendment adding the five words in boldface to the 8th Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments such as the death penalty inflicted.”

Gun Control: No amendment has been more debated in the past few years than the 2nd Amendment. For over two hundred years, federal judges ruled two limitations of this amendment: it applies only for military purposes; and while it limits the power of the federal government, it does not limit the power of state or local governments to regulate ownership or use of firearms. Twice, however, the Roberts Court ruled against governments trying to control gun violence. One was creating a new constitutional right for a resident in Washington, D.C. to keep a handgun in the home, and the other extended this newly-created constitutional right to states.

Suggested amendment returning the 2nd Amendment to its original meaning and the power of regulating firearms to state and local governments with the five words in boldface: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia, shall not be infringed.” 

In an interview with NPR, Stevens said:

“I think in time that what I have to say about each of these six issues will be accepted as being consistent with what the framers really intended in the first place. I think in time, reason will prevail.”

We can only hope. 

Referenced Supreme Court Cases:

  • Printz v. United States: 1997. 5-4 ruling. Bans Congress from ordering state officials to carry out federal duties. Holding: Scalia, Rehnquist, O’Connor, Kennedy, Thomas; Dissenting: Stevens, Souter, Ginsburg, Bryer.
  • Davis v. Bandemer: 1986. 7-2 ruling. Adopts a lofty and cloudy standard for unconstitutional gerrymandering. Holding: White, Brennan, Marshall, Blackmun, Burger, O’Connor, Rehnquist; Dissenting: Powell, Stevens.
  • Citizens United v. FEC: 2010. 5-4 ruling. Gives corporations the unlimited right to finance campaign speech. Holding: Kennedy, Roberts, Alito, Scalia, Thomas; Dissenting: Stevens, Ginsburg, Breyer, Sotomayor.
  • McCutcheon v. FEC: 2014. 5-4 ruling. Gives individuals the right to spend millions in a single election. Holding: Roberts, Scalia, Kennedy, Alito, Thomas; Dissenting: Breyer, Ginsburg, Sotomayor, Kagan.
  • Edelman v. Jordan: 1974. 5-4 ruling. Lets Illinois avoid paying damages for past non-compliance with a federal law for aiding aged, blind and disabled persons. Holding: Rehnquist, Burger, Stewart, White, Powell; Dissenting: Douglas, Brennan, Marshall, Blackmun.
  • Alden v. Maine: 1999. 5-4 ruling. Cites an unwritten state sovereignty rule imagined to be in the “plan of the [Constitutional] Convention” and forbids Congress to authorize suing a state for violations of Fair Labor Standards Act. Holding: Kennedy, Rehnquist, O’Connor, Scalia, Thomas; Dissenting: Souter, Stevens, Ginsburg, Breyer.
  • Baze v. Rees: 2008. 7-2 ruling. Holds that Kentucky’s three-drug death penalty system is not “cruel and unusual.” Holding: Roberts, Kennedy, Alito, Breyer, Thomas, Scalia, Stevens; Dissenting: Ginsburg, Souter.
  • Kansas v. Marsh: 2006. 5-4 ruling. Allows a judge’s jury instruction to choose the death penalty when aggravating and mitigating evidence were equal in weight. Holding: Thomas, Roberts, Scalia, Kennedy, Alito; Dissenting: Stevens, Souter, Ginsburg, Breyer.
  • United States v. Miller: 1939. 8-0 ruling. Holds that Congress can ban possession of a sawed-off shotgun because that weapon has no reasonable relation to “a well regulated Militia.” Holding: McReynolds wrote unanimous opinion; Not Involved: William O. Douglas.
  • District of Columbia v. Heller: 2008. 5-4 ruling. Overturns a Washington, D.C., law and creates a new Constitutional right for a civilian in D.C. to keep an enabled handgun at home for self-defense. Holding: Scalia, Roberts, Kennedy, Thomas, Alito; Dissenting: Stevens, Souter, Ginsburg, Breyer.
  • McDonald v. Chicago: 2010. 5-4 ruling. Overturns a Chicago handgun ban and extends the Court’s newly-created Constitutional right for a civilian to keep a handgun to the states. Holding: Alito, Roberts, Scalia, Kennedy, Thomas; Dissenting: Breyer, Ginsburg, Sotomayor, Stevens.

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