And To The Republic For Which It Stands

God Save the United States! God Save the President! God Save the Constitution! God Save the Republic!  

As one administration fades into history and another begins, one lesson jumps to the foreground.  No one person is bigger than the Constitution or the Presidency.  Despite fears from some and panic from others, no one stayed in the White House refusing to leave.  The US Secret Service did not need to forcibly remove anyone from the  Oval Office, so a new caretaker can take his temporary seat behind the Resolute Desk. 

Despite the cloud of controversy that surrounded the Trump Administration, it was not without accomplishments.   The most significant could be seen this past December, with the lightning of the Menorah In Dubai to celebrate Hanukkah.  Israelis are traveling to the UAE under Israel passports for the first time ever. There is a Synagogue and Jewish Cemetery being constructed.  Jews, Christians and Muslims are celebrating weddings together in Dubai and products bearing the words “Made in Israel” are being imported. A year ago these events would not even be considered in the wildest fantasy.  This is an incredible accomplishment.  

Yet, despite the magnitude and Earth moving nature of this accomplishment, everything is overshadowed by the events of January 6, 2021.  

Blame for January 6 has and continues to be apportioned, and although the Trump administration is certainly not without fault, there is plenty of blame to go around.  A huge number of Americans feel marginalized.   The US vs THEM mentality is probably more prevalent now than any other time in the last 40 years certainly.   The twenty-four hour news beast has become a ratings machine rather than gathering and reporting news. There is no way to under-estimate the extreme hatred the left feels for the right or the fear and total contempt the right feels about the left.  This is a plague upon both our houses.  

Yet, the Founding Fathers crated a Republic based on the concept of MISTRUST.  The Founders put limits on the powers of the President.  The Founders created a system where each of the three co-equal branches of Government could stop the others.  They provided for the PEOPLE to elect Representatives to the House; but specifically removed the “people” from otherwise voting on Federal laws, or even electing Senators directly.  The people electing Senators has only been since the 17th Amendment was ratified in 1913.  Before that time, State Legislators chose the Senators of a states, and there are a large number of people who believe repealing the 17th may not be a bad idea.  

The fact is, despite what politicians like to say, we DO NOT live in a Democracy; we live in a Republic. This is something we all must be reminded of from time to time.  

We have all been through an “interesting” four years.  Regardless of ones political views, one cannot deny that we have faced struggles unlike anything the vast majority of of us have seen on our lifetime.   A new administration is being sworn in, and perhaps now it is time for all of us to take a breath, and remember that administrations will come and go.   The actions of one administration may be reversed by the next. Regardless it is not about the person that sits in the Oval Office.  Our nation is more important than any one man.  

As one President leaves and the next is sworn in, the question must be asked again as it was asked in times past: “How Stands the Republic?”

The Republic Stands. 

And To The Republic For Which It Stands

On the Sedition in Washington

We saw today something I had never dreamed I would see- an Armed Attack upon the capital of the United States.  What was worse, this attack was inspired by a sitting President of the United States and the President’s Lawyer, who minutes before the attack, spoke of “Trial by Combat.”  Never before in our history, has a sitting President or his spokesmen ever encourage such an event.  

We have had contested elections - 1800 was perhaps one of of the most controversial- with the House ultimately electing Thomas Jefferson.  But NO PRESIDENT has ever created the chaos that the sitting President caused today.   

Donald Trump has failed as President.  He has violated the Oath of Office he took in 2017.  His job is to “preserve, protect and defend the Constitution”.    Donald Trump failed to protect or defend the Constitution today.  

There are 14 days left of the current administration.  Despite this limited time, this President has lost any moral authority or right to lead.    Donald Trump should resign IMMEDIATELY.  Should he not take this action, he should be removed from office, by the 25th Amendment,  and IMPEACHED - so that he may be permanently barred from holding office by vote of the Senate.   

No matter ones political beliefs, we have a Constitution.  The STATES select Electors.  This was done.   Those Electors have voted. 

There was an attack on our Republic.  It was, at minimum, encouraged by the President.  At worst it was INCITED by the President.   It has been, at least in modern history, traditional for the person losing a Presidential election to call for the country to unite and work together.  Donald Trump and his spokesmen have called for the election to be  overturned.   That call resulted in violence, shots being fired, blood spilled and death in the Capital of these United States.  Donald Trump incited an attempted insurrection.  

It is time for EVERYONE- Including Donald Trump - to accept that Former Vice President Joe Biden won the  Presidential election.  

It is also time for Donald Trump to resign or be removed from office.   

 

On the Sedition in Washington

Obituary for The Trump Presidency

It appears now that we have a President Elect and when the Electoral College meets in December, the final vote will be “official.”  It is now probably safe to accept that former Vice President Biden will be inaugurated on January 20, 2021. (I say probably because any number of things could potentially happen, even though the probability is quite low).

So what happened and why?  I certainly have opinions, and they are just that- opinions.  But, I will attempt to explain the logic behind my opinions and present any facts that support my opinion as well.  

There is no way one can call the Trump Presidency an unparalleled success.   I would argue there were only a few successes.  The biggest success that can be attributed to the Trump Administration is in relation to Israel.   After eight years with a President who said Israel should give up Jerusalem (May 20, 2011 speech is one instance) by calling for a return to pre-1967 borders (borders prior to the Six Day War), US-Israeli relations took a hit.  Now, the US is building an Embassy in Jerusalem (western half) and in effect the US has recognized Jerusalem as Israel’s capital.  At the same time, additional Arab States have recognized Israel.  That is, at least, a significant change in the Middle East.  The fact of the United States recognizing Jerusalem as Israel’s capital and having the UAE, Bahrain and Sudan normalize relations, must be considered a success - especially when one considers that the last time an Arab Nation officially recognized Israel was Egypt in 1979.  That success may have been pushed through and quarterbacked by Jared Kushner, but it was a Trump Presidency which made it possible.  

President Trump also appointed three Justices to the US Supreme Court.   With that said, only one vacancy was from retirement, and therefore was replaced by choice of the retiring Justice.  

President Trump also lowered taxes both on corporations, which does keep prices from rising - when corporate taxes increase, prices of goods increase- and individuals. 

But the border wall to stop illegal immigration, which was to be paid for by Mexico, certainly did not happen.   We also have tariffs and retaliatory tariffs on various products and materials- which only increase prices. 

I cannot blame the President for the fact that COVID-19 exists.   I also do not believe that any President can stop the disease - unless the President single handedly develops a vaccine. Disease has existed for as long as man has existed.   We will continue to have diseases and pandemics regardless of who resides at 1600 Pennsylvania Avenue.  Diseases do not care what party one belongs to or how much money one has.   Diseases do not respect international borders.

I am of the opinion and belief that President Trump lost this election due to his own personality and attitudes.   Lest we forget, a significant number of registered Republicans did not support the 2016 Trump nomination.   The “Never Trump” movement was not insignificant. The number of Republicans who opposed President Trump increased as time went on.  

President Trump was ill suited to the Presidency, where working with people and not just ordering them to do what you want is essential.  There were several cabinet members who simply could not work with the White House.  

The fact remains that President Trump lost the White House; President-Elect Biden did not “win” it. (Yes, President-Elect Biden got the most votes, I am not questioning election results). One need only look at the outcome of the House and Senate elections (this far) to see that a large number of voters chose to vote for someone other than President Trump while voting for GOP candidates on the rest of the ticket.   With the exception of the White House, the 2020 elections were incredibly good for Republicans in down ticket races.   President-Elect Biden may have won the Presidency, but he had no coat-tails.  It can be stated that President-Elect Biden may have won the vote- but he has yet to win the country. 

Perhaps, the last four years will serve as a cautionary tale- only time will tell.  

Obituary for The Trump Presidency

Executive Action and the Biden Administration

From an unnamed source in the Biden Transition team - "I expect [executive action] to be freely used in a Biden administration at this point, if the Senate becomes a roadblock."

Now how about that.  Is the former candidate CLAIMING to be all about Democracy wanting to set up a dictatorship? That’s what “one man rule” is called.   If the Senate doesn’t do what the President wants - he will do it anyway by Executive Action.  That is what has been said.  

Except, I don’t seem to find those two words together in the Constitution.  

What I DO find - SEPARATION OF POWERS and CHECKS AND BALANCES.   

The Senate is a CHECK on the House, the Courts and on the Executive.    

It is the LEGISLATIVE BRANCH that is supposed to pass laws- NOT THE EXECUTIVE.   

The fact remains, the Rank and File GOP helped give this election to President-Elect Biden.   There was an enormous amount of “Trump Exhaustion”.  Biden won because Republicans voted against Trump - they did NOT necessarily vote FOR President-Elect Biden.   

We have a constitution that is set up on the concept that the branches of government are separate, equal and can block the actions of the other branches.   That is the entire point of what the Founders envisioned.   They WANTED obstruction.  Obstruction in Government is GOOD.   It ensures that only those laws that all parties find at least tolerable and constitutional are passed (or that is the theory). Obstruction must be tempered and used rationally; not on every single item that is proposed.    Compromise is what is required.   Unfortunately, we have a tendency to see obstruction for the sake of politics as opposed to obstruction based on policy... which is absolutely need.  

Before President-Elect Biden gets carried away, he needs to take a LONG, hard look at how he can achieve consensus, rather than cramming an agenda down the throats of America.  

Executive Action and the Biden Administration

On SCOTUS, BIDEN-HARRIS Are Completely Wrong

There is one phrase I hear over and over and over again during every election cycle, that I absolutely hate because it is 100% wrong.  That phrase is “We live in a Democracy.”    We do not.   This country has never been a Democracy.   We live in a Republic.  It is because we live in a Republic that we have a House and Senate, and because we live in a Republic, the votes of the middle of the country actually make a difference in a Presidential Election, and the President is not just elected by a plurality on the East and West Coasts.  

Recently, the Biden-Harris statement on Appeals Court Judge Amy Coney Barrett's nomination to the Bench has been "We live in a Democracy, and the PEOPLE deserve their say" when it comes to the  Supreme Court (or words to that effect).  This answer could not be more wrong.

(In the interest of full disclosure, at this time, I have NOT decided which of the MANY candidates I will cast my ballot for.    I will likely NOT vote for former Vice President Biden and Senator Harris.  Anyone who has read the articles on this site over the last few years, will note I have not written in favor of President Trump- at least not often.  I have, however, found Jo Jorgenson to be an interesting candidate, but I remain undecided).

As a Republic, we vote for only certain persons at the Federal level.  Our US House Representatives and our Senators.  Voting for Senators is actually not what the Founding Fathers intended.   State Governments selected their Senators- not the people.  In point of fact, the Constitution has only stated that Senators are to be elected by popular vote since 1913 and the ratification of the 17th Amendment- or in other words, 107 years- less than half of our country's history.  We do NOT elect a President.  We elect slates of electors who will vote for a President and Vice President.   If they fail to elect a President, the House of Representatives elects a President and Vice President.   Again, this ensures that every state has an impact on the election- not just the plurality of the East and West Coasts.

The Court however, is supposed to be above politics.  Justices are appointed for life, by a President of the United States and confirmed by the Senate.   The PEOPLE, have NO SAY in the appointment of Justices to the Supreme Court- as it should be.  This was the INTENT of the Founding Fathers and has been accepted for the entire history of this country.  The PEOPLE having a say on the Supreme Court would politicize the Court, and would destroy the integrity of the Court in its role as unbiased arbiter of the Constitution.  If the Court were dependent upon the "will of the people" through election, Brown v Board of Education, may not have been decided.   The Miranda (Miranda v Arizona) warning may not exist, and hundreds of other cases may not have been heard or decided, if Justices had to rely on "public opinion" to be elected, or to stay in office.   

The closest we are able to come to influencing the Court, is the election of a President and the election of our own Senators from our state.   But even this action has limited impact on The Court.   No one can predict the death or the retirement of a Justice.    The death of Justice Scalia was not expected.   Perhaps one could have predicted the deaths of Chief Justice Rehnquist or perhaps Justice Ginsberg, but one can not make those predictions years out. A President may only appoint one Justice in a presidency.  Appointing three in a single term is unusual.

The Constitution dictates that the President makes appointments to the Court.   The Constitution dictates that the Senate "advise and consent."   The appointment by President Obama of  Judge Merrick Garland fulfilled the Constitutional requirement to make the appointment.  The Senate majority did not provide consent to the appointment- as was the right of the Senate.  There is no Constitutional requirement for the Senate to hold hearings on any appointment.  The hearing is procedural, not a Constitutional requirement.   The fact is, the Senate chose not to "consent" to the appointment  This was within the scope of the duties of the Senate.   Whether this was a popular decision, or whether this decision was what the minority in the Senate wanted, the fact remains, it did fulfil the Constitutional requirements.

The appointment of Judge Amy Coney Barrett to the Supreme Court is also within the scope of the Constitution.   To those who say she is going to rule in any predictable manner on any specific issue will very likely be in for a surprise.   The scope of Judge Barrett's prior rulings in the Court of Appeals are based upon precedent and interpretation of precedent as provided by the Supreme Court.  This does not mean that the Judge, once appointed to the Supreme Court, will vote the same way, when it is they who are deciding what the precedent will be.    We have seen this with Chief Justice Roberts and recently with both Justices Kavanaugh and Gorsuch.   I am sure we will also find that predicting Justice Barrett, will be equally as difficult.    One should never try to predict what the Court will do.

On SCOTUS, BIDEN-HARRIS Are Completely Wrong

On Executive Orders for COVID Relief

Today, President Trump signed Executive Orders that provided for extra unemployment benefits and to put a hold on certain payroll taxes through the end of the year.   It is an interesting gesture, but that is not really something to “write home about,” nor is it something I am going to write about here.   I am on record as being critical of the Obama Administration on “Executive Action” used to bypass the Congress.  This administration appears to be doing the same thing and I still do not think “Executive Action” to get around Congress is appropriate.  

HOWEVER, there is a much larger issue here that should make every American angry.   The President signed these Executive Orders because Congress is NOT DOING ITS JOB.  

The economy is in chaos. The unemployment insurance increase provided in earlier COVID Relief bills has expired. COVID cases continue to rise and in some respects, if not all, the country is worse off NOW than it was back in March.    

Our Federal Representatives and Senators of BOTH parties along with the White House,  have decided that reaching a compromise on COVID Relief is TOO HARD to do right now. They are indicating they are just giving up. Blaming the other party, the other house, or the other branch of government is now the order of the day.  

Our Federal Representatives and Senators of BOTH parties along with the White House, are SO CONCERNED about the state of the country, the economy and The People,  they have decided that NOW is the time to play political games with the financial well-being of those unemployed due to COVID,  those who have lost weeks or months of pay and who are financially devastated, and those who the lowest paid wage earners.  

Our Federal Representatives and Senators of BOTH parties along with the White House, have decided that instead of everyone staying in Washington, burning the midnight oil and hammering out a solution and compromise, that it is more important to give up, head home, and get on the campaign trail.  

Make no mistake,  the reason there may not be another COVID relief package is because our Senators, Representatives,  and the White House are more concerned about saving their own jobs and getting re-elected, than they are about We The People.  

Over the next few months we will hear over and over and over again how concerned those running for office are.  We will hear how their primary goal is to support hard working Americans.  We will see hundreds of campaign commercials that say, “We did our best to try to get out another COVID Relief package,  but the other party's people stopped us.”  We will hear over and over and over again, the lies that work best in focus groups and polling.  Unfortunately, these lies will probably work  

The TRUTH is that those running for election and re-election are only concerned about one thing - winning their race. 

Isn’t it about time for We The People to stand up and with one voice tell those running on both sides, “ENOUGH IS ENOUGH! YOU ANSWER TO US. WE DO NOT ANSWER TO YOU!”  

Unless and until We The People finally express our fury and our will in the ballot box, this Republic will fail.  

On Executive Orders for COVID Relief

The Borders of Tyranny

I can honestly say I have not been truly stunned until today- at least not stunned where politics are concerned.  

That a President of three United States would even HINT that elections should be suspended or postponed is beyond belief.   Forget the polls.  Forget party loyalty.   Forget party politics.   There is nothing as unbelievable as a President suggesting this country should not hold a Presidential Election.  

The President shared this idea on Twitter:

“With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history, It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???”

We do not KNOW this election will be “inaccurate and fraudulent.”  Anything said now is pure speculation and conjecture.  Although the President of the United States may be the most powerful person in the world, the Presidency does no bestow the ability to see the future when one takes the Oath of Office.  

We have a Constitution.  We have checks and balances.   The greatest of the checks and balances is the electoral process.  It is through that process that We the People express our will and desire.   By suggesting the 2020 Election should be postponed, this President may find the Electorate less than tolerant.  He  risks losing in a landslide greater than the 49 State sweep that crushed Walter Mondale in 1984.  

The Borders of Tyranny