Nel's New Day

May 27, 2018

U.S. Minorities Fight for Constitutional Rights

The calamitous and chaotic foreign affairs creating a debacle during the past week have pushed disastrous decisions of Dictator Donald Trump (DDT) into the background. One of the worst is DDT’s new “gag rule” that prevents federal funds from any institution that mentions abortion. https://www.alternet.org/news-amp-politics/trump-pushing-domestic-gag-rule-stop-some-doctors-discussing-abortion-nyt?src=newsletter1092354  Until now, the “gag rule” by the federal government has been for only foreign women, but DDT plans to withdraw any federal family planning funds if healthcare workers indicates abortion as an alternative to pregnancy. The man making this decision is so ignorant about health that he doesn’t know the difference between HIV and HPV, even after Microsoft founder Bill Gates explained it to him—twice. (HIV is the virus that causes the disease known as AIDS, and HPV is the human papillomavirus causing genital warts and cancer.)

As DDT plans to put high tariffs on car imports, he forgets that some of these are “Made in the USA.” Foreign automobile companies employ people in Southern “right-to-work” states because car manufacturing is cheaper there than in their own countries. As usual, the battle is between hardline trade adviser Peter Navarro and his opponents, National Economic Council Director Larry Kudlow and Council of Economic Advisers Chair Kevin Hassett. DDT is on his customary pattern of intimidating people and distracting the media from his personal problems.

Minimum wages in Mexico are part of the NAFTA negotiations. Imported cars to the U.S. are tariff-free if 62.5 percent of the content comes from North America, but DDT wants to make that 75 percent and then require 40 percent of a car to be made by works earning at least $16 per hour. The question is whether U.S. workers would get $16 hourly wage too, especially because 21 states use the federal $7.25 minimum wage.

DDT is making Europe the leader in international carbon monitoring by canceling the NASA greenhouse gas monitoring program. Supporting 65 projects, the program costs $10 a year—about three of DDT’s weekends in Mar-a-Lago.

The DOJ has removed language about press freedom and racial gerrymandering from its manual of policy priorities. The first changes in over two decades removed the section called “Need for Free Press and Public Trial” which included “the right of the people in a constitutional democracy to have access to information about the conduct of law enforcement officers, prosecutors and courts, consistent with the individual rights of the accused.” Employees are now required to report “any contact with a member of the media about a DOJ matter.” This section was also removed:

“The Voting Section defends from unjustified attack redistricting plans designed to provide minority voters fair opportunities to elect candidates of their choice and endeavors to achieve racially fair results where courts find…that redistricting plans constitute unconstitutional racial gerrymanders.”

Fox has put the press for sale. Donald Trump Jr.’s new girlfriend is Fox host Kimberly Guilfoyle who sells Jr.’s daddy, the man in the Oval Office.

DDT is investigating the possibility of using a Korean War-era law to support coal and nuclear industries. The Defense Production Act of 1950 allows a president to nationalize private industry to guarantee resources during wars or after disasters and classifies energy as a “strategic and critical material.” Taxpayers will pay the bill. In his bid for re-election, blue-dog Sen. Joe Manchin (D-WV) is asking that the statute be invoked for the “security of our nation.” If he is successful in creating a manufactured crisis, pro-coal politicians can make customers pay for profits and shareholder values of failing coal companies and owners of nuclear fleets. (I think it’s called a “bailout.”)

Israeli lawmakers have given Prime Minister Benjamin Netanyahu the authority to declare war with only the defense minister’s approval. DDT is surely paying attention with the possibility that he will get the same authority.

Transgender prisoners are more accessible to sexual abuse, assault, death and all forms of discrimination after DDT ordered the Bureau of Prisons to assign housing by “biological sex.” Guidance on medical care and hormone therapy now includes the word “necessary.” New DDT/VP Mike Pence orders conflict with the Prison Rape Elimination Act, signed into law by George W. Bush.

The NFL has ruled that football players cannot kneel on the field although they can stay in the locker room during “The Star-Spangled Banner.” In addition to the First Amendment violations of this ruling, several states “have laws that bar private employers from retaliating against employees because of their political activity,” according to law professor Eugene Volokh. In 1934, a German football team was banned from playing because it wouldn’t give the Nazi salute. In 2017, 19 state legislatures considered bills to make protesting illegal; three of the states passed these into law.

DDT’s signature on a resolution repealing the Consumer Financial Protection Bureau (CFPB)’s auto-lending guidance revokes protection for minority customers from predatory practices. For the first time, Congress used the Congressional Review Act to pass a resolution revoking a federal agency’s informal guidance. The resolution also prevents any protection in the future. Minority customers frequently suffer from higher dealer markups than white customers with similar credit profiles.

White House staff must use cell phones with security features, but DDT refuses any cellphone that cannot easily be hacked. DDT criticizes Hillary Clinton’s private email service, but at least six of his officials follow her practice. GOP House members continue to investigate Hillary Clinton’s secure email server.

DDT insisted that dumping chemicals into clean water will keep “clean, clean water … the cleanest,” but a report proved him wrong, leaving  big companies and the Defense Department liable to huge clean-up costs and reevaluation of water system safety. EPA Scott Pruitt announced the results of the report after three months of concealing the problem of water contaminants, but reporters were banned from attendance. One reporter was shoved out the door, but the information still got into the media.

Most of southeast Wisconsin has been exempted from any federal limits on lung-damaging smog pollution as a favor to Gov. Scott Walker’s re-election campaign centering on his new Foxconn Technology Group factory. Pruitt overruled his agency to stop requirements making improvements in Foxconn’s electronics plant just north of the Illinois border. Pruitt also added to Chicago’s unhealthy pollution problems by reducing the list of counties with dirty air in Illinois and Indiana. Walker blames Chicago for the bad air in Wisconsin.

Water is a concern for DDT appointee Brenda Burman, head of the Bureau of Reclamation that manages the water in the western U.S. The lack of runoff from the Rocky Mountains into the Colorado River, just 42 percent of normal, continues a 19-year dry spell that ranks as the driest on record for the Southwest, part of a drought that also covers the United States. The Colorado River provides drinking water for 40 million people and waters millions of acres of farmland. Arizona may get a 20-percent cut in water allotment by 2020. Burman didn’t say “climate change,” but she’s worried.

CBS News’ Lesley Stahl said DDT told her why he attacked the press:

“You know why I do it? I do it to discredit you all and demean you all so that when you write negative stories about me no one will believe you.”

In DDT’s continuing “LieGate” to discredit organizations—pollsters, law enforcement officials, courts, Congressional Budget Office, etc.—he ranted about the New York Times reporting that “’a senior White House official,’ who doesn’t exist” said that a meeting with Kim Jong-Un on June 12 was impossible because of “lack of time and the amount of planning needed.” On Thursday, that official, ordered to be called a “senior White House official,” briefed dozens of reporters in person and on a conference call about DDT’s cancellation of the meeting. DDT’s false accusation led reporters to circulate videos of Matt Pottinger delivering the message that DDT denies. The man who DDT said “doesn’t exist” overseas Asian affairs in the U.S. National Security Council.

Rudy Giuliani, DDT’s lawyer, has admitted that DDT’s “spygate” is a con to keep him from being impeached. On last Sunday’s CNN State of the Union, he said that it’s for “public opinion” and to “defend the president” by making people “question the legitimacy of [the Mueller investigation].”

After DDT’s wife spent five days in the hospital for a procedure that usually requires just an overnight stay, he welcomed his wife home by misspelling her name as “Melanie.” At least he didn’t make that mistake on Mother’s Day. DDT praised his late immigrant mother as “incredible” but made no mention of his current immigrant wife and mother of his youngest son. Even DDT’s son Donald Trump Jr. complimented his wife, who he is divorcing. We’ll see what Melania says about Barron’s father.

Three mobile billboards with art by Michael D’Antuono circled the Capitol earlier in May. Tourists interviewed for a media documenting the artist’s caravan agreed with his message, that people need to worry more about protecting democracy and less about covering up DDT’s offenses. Respondents may have been thinking about DDT’s removal of the freedom of the press, freedom of speech, voting rights, price equality, reproductive rights, clean water–or any water while DDT lies incessantly about his dishonest behavior.

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.

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