Constitution

Free Speech Battles | California DEI Totalitarianism

Published by Papa Giorgio

Just as an aside, Leftists and Democrats are the ones pushing “institutional racism,” as the below notes. Also note, I use “totalitarianism” in the sense of “total thought.” Which is a forced “homogenization” of thought… or, state instituted/forced “total thought.”

UPDATED VIDEO

This is an interview by Lex Fridman of Greg Lukianoff of F.I.R.E. (Foundation for Individual Rights and Expression). The entire interview, “Greg Lukianoff: Cancel Culture, Deplatforming, Censorship & Free Speech | Lex Fridman Podcast #397,” can be seen HERE (I grab from around the 1:10:50 mark). There are a few universities/colleges involved in legal action in California, but The Renegade Institute for Liberty at Bakersfield College is one this is made for.

DEI stands for “diversity, equity, and inclusion” — all of which sounds fine, right? But materials put out by the state of California show that in this case, DEI translates to highly contested and controversial views. The state’s definitions say that the idea of “color blindness” “perpetuates… racial inequities,” and even the idea of “merit,” is “embedded in the ideology of Whiteness” and “upholds race-based structural inequality.” FIRE has filed a lawsuit on behalf of six California community college professors to halt new, systemwide regulations forcing professors to espouse and teach these politicized conceptions of “diversity, equity, and inclusion.” The regulations are now in effect in the State Center Community College District, and FIRE’s clients have already been forced to change their syllabi and teaching materials, lest they face repercussions. (More info on the lawsuit @FIRE)

Here is an article from THE SAN FRANCISCO CHRONICLE that is worth reading in it’s entirety. It is titled: “First Amendment lawsuits challenge state’s DEI rules for community colleges” If you encounter a paywall, grab the URL from the link and put it into this “hopper: REMOVE PAYWALL.

California’s new community college rules sound simple enough: As of this year, all instructors must teach in a way that is culturally inclusive and must prove during employee evaluations that they respect and acknowledge students and colleagues of diverse backgrounds.

But what if an instructor holds so-called color-blind [more on this idea after article excerpt] views and prefers to ignore people’s race, ethnicity, gender or other physical and cultural characteristics as a personal philosophy? Or if an instructor disagrees entirely with the “anti-racism” and “diversity, equity, inclusion and accessibility lens” that state’s college officials now require?

Seven instructors from four community colleges in the Central Valley are now testing that cultural collision on constitutional grounds, saying their views could get them fired under the new rules. With the backing of national advocacy groups, the instructors are suing state and local college officials in federal court to have the regulations tossed.

The suits echo another federal lawsuit, filed in May against the University of California, in which a psychology professor hoping to work at UC Santa Cruz ran up against a UC requirement that applicants submit a statement supporting “diversity, equity and inclusion.” The applicant likened it to a “modern-day loyalty oath” of the kind discredited in the 1950s, when those who wouldn’t sign might be labeled communist subversives.

[….]

Another group, the Institute for Free Speech, filed a similar lawsuit on July 6 on behalf of Daymon Johnson, a history instructor at Bakersfield College in Kern County.

“Almost everything Professor Johnson teaches violates the new DEIA (Diversity, Equity, Inclusion and Accessibility) requirements — not just by failing to advance the DEIA and anti-racist ideologies, but also by criticizing them,” the suit says, noting that compliance with the new rules would violate the instructor’s conscience and force him to surrender his academic freedom.

SEE MORE AT THE INSTITUTE FOR FREE SPEECH’S BLOG:

RPT is asking people to donate HERE.

In his U.S. History class this fall, for example, Johnson plans to have students read two books claiming to debunk the historian Howard Zinn’s work, which reveals less flattering versions of the American story, and the well-known 1619 Project, which digs deeply into the foundations of slavery.

His lawsuit contains a long list of things that the instructor “does not wish” to do. These include referring to transgender students by their preferred pronouns, acknowledging that social identities are diverse, and demonstrating “DEI and anti-racism practices” because he “rejects and even finds (them) abhorrent.”

Johnson is also a leader of the Renegade Institute for Liberty, a Bakersfield College group that opposes “political and ideological tyranny.” Its acronym is RIFL.

The suit claims that Johnson is already in the crosshairs of the college administration for his views and quotes a Kern college district trustee saying, in reference to employees holding anti-DEIA views: “They’re in that 5% that we have to continue to cull. Got them in my livestock operation and that’s why we put a rope on some of them and take them to the slaughterhouse.”

The Kern trustees did not immediately respond to a request for comment. 

The suit says that Bakersfield College already fired another instructor, who was Johnson’s predecessor at RIFL, and calls him “the first cullee.”

According to the suit, the person who oversaw the firing was the Kern district’s former chancellor, Sonya Christian, who has just become the chancellor of the California community colleges. With 116 schools and more than 2 million students enrolling each year, it’s the nation’s largest higher education system.  

On Friday afternoon, state Attorney General Rob Bonta’s office filed a response to Johnson’s suit on behalf of Christian, arguing that the instructor has not only failed to show that he’s been harmed by the rules, but because of that, he also lacks standing to complain about them. 

The response defends the diversity regulations and says the rules “do not restrict the free speech of any employee,” nor do they infringe on anyone’s academic freedom, “including Johnson’s.”

The system’s Board of Governors has the right to establish policies that “reflect its ideals and principles regarding diversity, equity, inclusion, and accessibility,” the state argues. 

A spokesperson for Christian said the college system has not yet responded in court to the more recent lawsuit and would not comment on it.  

The new regulations require all 73 college districts to develop policies for evaluating employee performance and tenure eligibility in light of their “DEIA competencies.”

The rules follow a series of other DEIA guidance and messages from the chancellor’s office in recent years, and say that to ensure academic success, “diversity, equity, inclusion, and accessibility (DEIA) and anti-racism remain at the heart of our work.”

The college system also posts a glossary of DEIA terms, which defines color blindness as a “racial ideology” that ignores “a large part of one’s identity and lived experience” and therefore “perpetuates existing racial inequities.”….

COLOR BLIND

Dennis Prager discusses a call about a gentleman disagreeing with his statement that he doesn’t see color, and others shouldn’t as well. After the discussion of the previous call, I include the call as well as the lead up to it.

MORE!

  • LINK to a Facebook video: Dennis Reacts: “I See No Color” Is Racist?” (FACEBOOK)

The Issue Is Values, Not Systemic Racism

Do you let your race, gender, or orientation define you? If you are on the left, everything is perceived through the lens of identity politics. Systemic racism is not the real issue plaguing America—it is our opposing values system. Dennis Prager offers some refreshing insight into how to heal our broken nation.

Should We Be Colorblind?

Nothing reveals the moral confusion of our time more than those who label the term “colorblind” racist. Who would want to see themselves in terms of their skin color? And what does a person’s skin color really say about who they are — their likes, dislikes, values, and so on?

Prager Notes The Left’s Proclivity Towards Racism

A girl is legally kidnapped in Santa Clarita by state authorities. The Left’s dogged emphasis on race, class, gender is destroying families, keeping them in poverty, and utterly failing our country’s motto, “out of many, one.” The Left has dumped out the melting pot and keeps us as divided as ever. This story is maddening!

Here is the what the main battle is over: “A battle over custody of a little girl who is 1/64th Choctaw has been in and out of the courts for three years now, and returns on Friday with a new appeal hearing” (ABC-7).

  • “Is it one drop of blood that triggers all these extraordinary rights?” — Justice Roberts

Keep in mind the racial science of NAZI Germany were concerned with a 1/16th racial mix… here we see the racial sciences of the Choctaw Nation and the State of California concerned over a 1/64th portion of heritage. Sick! Racist! Leftism!

  • In 1911, Arkansas passed Act 320 (House Bill 79), also known as the “one-drop rule.” This law had two goals: it made interracial “cohabitation” a felony, and it defined as “Negro” anyone “who has…any negro blood whatever,” thus relegating to second-class citizenship anyone accused of having any African ancestry. Although the law had features unique to Arkansas, it largely reflected nationwide trends. (source)

ONE DROP RULE

More from the LOS ANGELES DAILY NEWS Opinion Page:

Five hundred years ago, the Incas sacrificed children.

They removed children as young as six from their families, transported them with great ceremony to a mountain location, and left them to die of exposure.

Did they have the moral right to do it?

Some people think so. “To their credit,” wrote Kim MacQuarrie, an Emmy-winning documentary filmmaker, anthropologist and author, “the Incas did their best to ensure the survival of their people and empire by paying close attention to nature and doing their best to use every means at their disposal, including human sacrifice, to gain control over it.”

There’s something seriously wrong with any kind of reasoning that places human sacrifice in the category of “doing their best.”

SEE MY: “Mayan, Incan and Aztec “Terrorism“

And there is something seriously wrong with what happened in Santa Clarita this week to a 6-year-old girl named Lexi and the foster family that has cared for her since she was 2.

Rusty and Summer Page tried for years to adopt Lexi but were blocked from doing so. The reason? The little girl has a tiny bit of Choctaw ancestry — just 1.5 percent — and under federal law the Choctaw Nation can decide her fate. The tribal authorities decided that Lexi will live in Utah with distant relatives. They issued this statement:

“The Choctaw Nation desires the best for this Choctaw child. The tribe’s values of faith, family and culture are what makes our tribal identity so important to us. Therefore we will continue to work to maintain these values and work toward the long-term best interest of this child.”

This is not human sacrifice, but it is closely related. It is collectivism, the opposite of individual rights.

Collectivism holds that an individual’s life belongs not to the individual, but to the group in which the individual is a member. Where other children would have the right to have a parent or guardian make decisions for them, Lexi’s future has been decided by group leaders seeking to preserve “tribal identity.”

On Monday, in a most disturbing scene, the 6-year-old was pulled weeping and frightened from the arms of her foster father on the driveway of the only stable home she has ever known.

Lexi is not the only child to be victimized by the enforcement of a federal law that, ironically, was intended to prevent children from being removed from their families.

In Arizona, a foster family’s adoption of a baby girl, who was placed with them at birth, is being blocked by the Gila River Indian Community, and the Navajo Nation is standing in the way of foster parents seeking to adopt a 5-year-old boy who has lived with them for four years.

The Goldwater Institute, a conservative think tank based in Phoenix, has filed a lawsuit on behalf of these children and “others similarly situated” over this “separate and unequal treatment.”

The lawsuit argues that children of Native American ancestry are being unfairly denied their civil rights: “Alone among American children, their adoption and foster care placements are determined not in accord with their best interests but by their ethnicity, as a result of a well-intentioned but profoundly flawed and unconstitutional federal law, the Indian Child Welfare Act.”

The Indian Child Welfare Act was passed in 1978 in reaction to another government program, the Indian Adoption Project, which began in 1958 and continued until 1967.

The Indian Adoption Project was the result of an agreement between the Bureau of Indian Affairs and the Child Welfare League of America. It encouraged the removal of Indian children from their families on reservations so they could be adopted and “assimilate” into “mainstream society.” By the 1970s, between 25 and 35 percent of all Indian children nationwide had been removed from their homes, and 90 percent had been adopted by white families.

Outrage over the Indian Adoption Project led to the Indian Child Welfare Act. It requires social workers to make an extra effort to avoid removing Indian children from troubled homes, a greater effort than they would make for non-Indian children. When foster care or adoption becomes necessary, the law requires an active effort to place the child with an Indian family.

The Goldwater Institute says these requirements are discriminatory and harmful, making it harder to protect Indian children from abuse and neglect, and forcing longer waits for permanent homes.

The foster care system has many challenges and many heartbreaking stories. We don’t need laws that cause more pain. The Indian Child Welfare Act should go. Give the kids a break.

Susan Shelley is a San Fernando Valley author, a former television associate producer and twice a Republican candidate for the California Assembly.

The parents of a six-year-old girl taken from her family due to her Native American heritage speak out in a statement after officials from the Los Angeles County Department of Child and Family Services took their daughter, Lexi, away. Read more at SCV-NEWS.

George Will gets it right over at WA-PO:

Opinion | The Brutal Racial Politics Of The Indian Child Welfare Act

Lexi lived four of her first six years with a non-Native American California foster family, but because she is 1/64th Choctaw, tribal officials got her taken from the Californians and sent to live in Utah with a distant relative. On Friday, the Supreme Court will consider whether to hear a challenge to the law that made this possible — the Indian Child Welfare Act, which endangers many young Native Americans. It also is a repudiation of the nation’s premise that rights are inherent in individuals, not groups.

In 1978, before “Native Americans” became the preferred designation for Indians, but when racial “identity” was beginning to become the toxic political concept it now is, Congress enhanced tribal rights. This violated, among other principles, those of federalism: Congress thereby reduced the right of states to enforce laws on child welfare. And it plunged government deeper into making distinctions solely on the basis of biological descent.

The ICWA, an early bow toward multiculturalism, buttressed tribal identities by strengthening tribal rights. For example, tribes can partially nullify states’ powers to intervene against tribal parents’ abuse endangering children. And the ICWA conferred rights on tribes, rights adjudicated in tribal courts, including the right to require Native American children be adopted by Native Americans.

Equal protection of the laws? Not under ICWA.

Chief Justice John G. Roberts Jr. has asked, “Is it one drop of blood that triggers all these extraordinary rights?” Indeed, the primitive concept of racial “blood,” recast as DNA, triggers tribal rights and extinguishes a state’s right to protect many children’s rights. Sometimes with dire consequences.

In 2015, this column acquainted readers with Declan Stewart and Laurynn Whiteshield. Declan was 5 in 2007 when he was beaten to death by his mother’s live-in boyfriend. Oklahoma had removed him from his mother’s custody after he suffered a fractured skull and severe bruising between his testicles and rectum. But when the Cherokee Nation objected to his removal, Oklahoma, knowing that the ICWA favors tribal rights, relented. Beaten again, he died a month after returning to his mother.

From the age of 9 months until almost 3, Laurynn was in a North Dakota minister’s foster care. When the minister tried to adopt her, the Spirit Lake Sioux tribe invoked the ICWA, and Laurynn was sent to a reservation and the custody of her grandfather. Less than six weeks later she was dead, having been thrown down an embankment by the grandfather’s wife, who had a record of child abuse.

The ICWA requires that “Indian children” be placed with “Indian” foster families. Because the ICWA allows a child to be yanked from a non-Indian foster home — and from possible adoption — it discourages non-Native American adults from providing care, including early infant attachment, which is a foundation of healthy child development.

Born with fetal alcohol syndrome, Antonio Renova was 3 days old when he was taken from his biological parents, members of the Crow tribe, and put in foster care. Five years later, the biological parents, both on probation following felony convictions (the mother’s included child endangerment), obtained custody of Antonio through a Crow tribal court. He suffered beatings by his parents, who have been charged in his death.

Antonio was a casualty of the ICWA’s form of identity politics — the allocation of legal status and group entitlements based on biology. The ICWA has insinuated into law a “separate but equal” test regarding Native American children in jeopardy. It demotes “the best interests of the child” from the top priority; it makes a child’s relationship with a tribe supremely important.

The nation has abundant reasons to regret its mistreatment of Native Americans, and the ICWA was perhaps motivated by an impulse to show respect for Indigenous cultures. But the cost, in broken bodies and broken constitutional principles, has been exorbitant.

Today, the nation is reverting — in the name of “social justice” and “equity” understood as improved social outcomes for government-favored groups — to a retrograde emphasis on racial identities. So, the ICWA’s sacrifice of individual rights to group entitlements probably has a diminished power to shock. Come Friday, however, the Supreme Court should be shocked into hearing the arguments against the federal government usurpation, through the ICWA, of the states’ responsibility for protecting children in jeopardy, regardless of their biological ancestry.

Steven Calabresi Now Says Trump Excluded from the 14th

Published by Papa Giorgio

This is a large “Sploosh” as a Part Three to the question of Trump’s ability to be on the ballot for the 2024 election. In my Part Two  dated Sept 7th, based on a great couple readings that: “I see nothing in the 14th Amendment including the President or Vice President in the outcome. In fact, I see language excluding them.” (Also Part One is worth reading through as well.)

The guy who popularized the article noted by the #NeverTrumpers and the Left is the co-founder of The Federalist Society, Steven Calabresi. And when he came out in support of by a couple Federalist legal scholars [as well as some Leftist scholars], the Left and said #NeverTrumpers were quick to memorialize it:

THE NATIONAL PULSE nails it with this link fested post!

Steven Calabresi – the law professor who co-founded the conservative Federalist Society legal organization – has conceded that Section 3 of the 14th Amendment does not in fact bar former President Donald Trump from the presidential ballot, despite claiming in a much-hyped op-ed from August that this was the case.

The Northwestern University law professor had been an outspoken proponent of the legal theory that Trump was barred from running for office on the grounds that he incited an insurrection on January 6th, 2021 – in violation of a Civil War era constitutional provision. It’s an initially floated by law professors William Baude and Michael Stokes Paulsen, with Calabresi quickly popularizing it.

[….]

The three men were originally in agreement that “an officer of the United States” included individuals elected as either President or Vice-President. However, Calabresi now says he believes that the President and Vice-President are not, due to “a technicality in the drafting of the disqualification clause of Section 3 of the 14th Amendment”, “officers” – that term being reserved for positions appointed by the President, rather than the President himself.

Additionally he concedes the events of January 6th do not constitute an ‘insurrection’. Calabresi credits former U.S. Attorney General Michael Mukasey with changing his mind.

New Hampshire Secretary of State David Scanlan has already rejected calls to disqualify Trump, via the 14th Amendment, from the state’s ballot.

The VOLOKH CONSPIRACY notes the change of mind: “Calabresi now agrees with Tillman that the President is not an “Officer of the United States.” And YAHOO NEWS also notes that last week professor Calabresi made an about-face

  • In a letter to The Wall Street Journal, he said he had been persuaded by an opinion article in that newspaper that the provision — Section 3 of the 14th Amendment — did not apply to Trump.

So I wanted to help out the #NeverTrumpers and pre-empt their correcting themselves:

Here is the WALL STREET JOURNAL “quick clip” by Professor Calabresi:

Former U.S. Attorney General Michael Mukasey’s op-ed “Was Trump ‘an Officer of the United States’?” (Sept. 8) has caused me to change my mind about an argument that I have had with Prof. Seth Barrett Tillman for 25 years. Mr. Mukasey is right: Looked at in the context of the Disqualification Clause of the 14th Amendment, the president is neither an “officer of the United States,” nor, obviously, a “member of Congress.” That must be why the Constitution prescribes a separate oath for the president.

As a result, former President Donald Trump isn’t covered by the Disqualification Clause, and he is eligible to be on the ballot in the 2024 presidential election. I am correcting the public record on this important issue by sending you this letter.

Prof. Steven G. Calabresi

Northwestern Law School

VOLOKH continues:

  • Last week, former Attorney General Michael Mukasey wrote an op-ed in the Wall Street Journal. He contended that the President is not an “Officer of the United States.” Many of Mukasey’s arguments track a 2021 article that Seth and I wrote in the NYU Journal of Law & Liberty. Long-time readers may remember that Tillman persuaded Mukasey on this issue back in 2015. (This issue also came up with the Mar-A-Lago raid.)

Here is key point from that WALL STREET JOURNAL article:

Was Trump ‘an Officer of the United States’?

A careful look at the 14th Amendment’s Insurrection Clause shows that it doesn’t apply to him.

….A good deal of attention has focused thus far on whether the attack on the Capitol on Jan. 6, 2021, was an “insurrection or rebellion” and, if so, whether Mr. Trump “engaged” in it. Those questions, however, need not be answered until two preliminary questions of law are addressed: Is the presidency an “office . . . under the United States,” and was the presidential oath Mr. Trump swore on Jan. 20, 2016, to support the Constitution taken “as an officer of the United States”?

The latter question is easier. The use of the term “officer of the United States” in other constitutional provisions shows that it refers only to appointed officials, not to elected ones. In U.S. v. Mouat (1888), the Supreme Court ruled that “unless a person in the service of the government . . . holds his place by virtue of an appointment . . ., he is not, strictly speaking, an officer of the United States.” Chief Justice John Roberts reiterated the point in Free Enterprise Fund v. Public Company Accounting Oversight Board (2010): “The people do not vote for the ‘Officers of the United States.’ ”

Article VI of the Constitution provides that senators and representatives “and all executive and judicial Officers . . . of the United States” take an oath to support the Constitution. But the presidential oath is separately provided for at the end of Article II, Section 1, which would be superfluous if the president’s oath were required by the general language in Article VI. Mr. Trump took an oath as president pursuant to Article II, not as an officer pursuant to Article VI. Because the Insurrection Clause applies only to those who have taken an oath “as an officer of the United States,” he can’t be barred by that clause from serving in any capacity.

As for the former question, the language disqualifying a rebel from holding “any office . . . under the United States” follows the language disqualifying the rebel from office as “Senator or Representative in Congress, or elector of President and Vice President.” If “any office . . . under the United States” is broad enough to cover the president, it is certainly broad enough to cover senators, representatives and perhaps electors. Such a reading would make reference to those specific offices superfluous.

[….]

As for the former question, the language disqualifying a rebel from holding “any office . . . under the United States” follows the language disqualifying the rebel from office as “Senator or Representative in Congress, or elector of President and Vice President.” If “any office . . . under the United States” is broad enough to cover the president, it is certainly broad enough to cover senators, representatives and perhaps electors. Such a reading would make reference to those specific offices superfluous.

Is it plausible that the authors of the 14th Amendment specified senators, representatives and electors but meant to include the presidency and vice presidency under the general term “any office . . . under the United States”? Note that the term is “any office,” not “any other office,” which implies that the positions listed before it aren’t “offices under the United States,” because they are elected not appointed.

But that conclusion is uncertain. The phrase “office under the United States” appears four other times in the body of the Constitution, at least two of which—one barring officeholders from accepting a foreign title or emolument, and one barring anyone impeached and convicted from holding such an office—may well apply to an elected official, including the president. Also, if a holder of an “office under the United States” meant the same thing as “Officer of the United States,” why weren’t the same words used to specify it?

That may be puzzling, but as applied to Mr. Trump it is irrelevant, because—again—he didn’t take and thus didn’t violate an oath as an “Officer of the United States,” and so cannot be barred by the 14th Amendment from seeking re-election.

Even a criminal conviction wouldn’t bar him from seeking and winning the presidency. The Constitution specifies only that a person seeking that office be at least 35, a natural-born citizen and a 14-year U.S. resident. If Mr. Trump is to be kept from office, it will have to be done the old-fashioned way, the way it was done in 2020—by defeating him in an election.

Mr. Mukasey served as U.S. attorney general, 2007-09, and as a U.S. district judge, 1988-2006.

Can You Quantify Our Form of Government Into Simple Equations?

Published by Papa Giorgio

This is an old video, but someone just posted it on a Facebook group — what follows is my Facebook response as well as additional thoughts. Here is the video that prompted the below:

On the surface I can understand how someone would FEEL this describes reality. But our body politic is more complex than the above video would like to prescribe as reality. In fact, the video sets up a straw man [something that does not exist], and then attacks it as if it were the case.

Here is my response on Facebook:

FACEBOOK RESPONSE

Hey, I know our system is corrupted… but the video notes at around the 30-second mark:

  • This axis represents the likelihood of Congress passing a law that reflects any of these ideas from 0% to a 100% chance on this graph, an ideal republic would look like this: if 50% of the public supports an idea, there’s a 50% chance of it becoming law. If 80% of US support something, there’s an 80% chance.

I am sorry. That idea is explaining an ideal Democracy, which our Founders wholeheartedly rejected.

It reminds me of a call of a young black man into the Larry Elder Show where Larry was getting clarification [if he had misheard the young man], or, confirmation [if he had heard the man correctly].

Larry mentioned that “Ferguson is 57% black. What percentage of the arrest should be black people?

The caller responded: “57.”

Larry goes on to make an analogy about the NBA being a majority black players and asks – rhetorically – why the NBA isn’t 70% white? He answers himself by saying that the NBA is based on merit…

Similarly, Larry notes, arrests are based on crime. Not race. Arrests are merit based. So the PERCENTAGES don’t always match population.

Just like in a Republic. You have three forms of “checks and balances” that are supposed to be based in the Constitutional limiting of federal government powers and metering out state control over what is not clearly enumerated for the federal government to act on.

THIS has become corrupted over time, granted, but the “exact percentage” of something “becoming law” [in this video] does not reflect at all – all the variabilities in the struggle to pass something. The Founders didn’t want it easy like 60% says “a” therefore “a” should happen or become law.

In a pure Democracy however, the percentages would match. This video is made during a time where the Dems were [and still believe] pushing for the Electoral College to be abolished. This would effectively be a main driver to getting us to a pure Democracy. Something no one should want:

James Madison (fourth President, co-author of the Federalist Papers and the “father” of the Constitution) – “Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general; been as short in their lives as they have been violent in their deaths.”

John Adams (American political philosopher, first vice President and second President) – “Remember, democracy never lasts long.  It soon wastes, exhausts, and murders itself.  There never was a democracy yet that did not commit suicide.”

Benjamin Rush (signer of the Declaration) – “A simple democracy… is one of the greatest of evils.”

Fisher Ames (American political thinker and leader of the federalists [he entered Harvard at twelve and graduated by sixteen], author of the House language for the First Amendment) – “A democracy is a volcano which conceals the fiery materials of its own destruction.  These will provide an eruption and carry desolation in their way.´ /  “The known propensity of a democracy is to licentiousness [excessive license] which the ambitious call, and the ignorant believe to be liberty.”

Governor Morris(signer and penman of the Constitution) – “We have seen the tumult of democracy terminate… as [it has]  everywhere terminated, in despotism….  Democracy!  Savage and wild.  Thou who wouldst bring down the virtous and wise to thy level of folly and guilt.”

John Quincy Adams (sixth President, son of John Adams [see above]) – “The experience of all former ages had shown that of all human governments, democracy was the most unstable, fluctuating and short-lived.”

Noah Webster (American educator and journalist as well as publishing the first dictionary) – “In democracy… there are commonly tumults and disorders…..  therefore a pure democracy is generally a very bad government.  It is often the most tyrannical government on earth.”

John Witherspoon (signer of the Declaration of Independence) – “Pure democracy cannot subsist long nor be carried far into the departments of state – it is very subject to caprice and the madness of popular rage.”

Zephaniah Swift (author of America’s first legal text) – “It may generally be remarked that the more a government [or state] resembles a pure democracy the more they abound with disorder and confusion.”

(MORE HERE)

Take note that as well Article IV, Section 4 of the Constitution reads:

  • “The United States shall guarantee to every state in this union a republican form of government…“

Not “republican,” as one “political party, the GOP,” but as a “form” of government. So what is an example of the corruption of the “Consent of the Governed”?

[….]

Having discussed issues FOR YEARS with those on the other side of the aisle, I knew the response would still be similar to the caller into the Larry Elder Show. There is a “disconnect” on the Left that just doesn’t pick up simple underlying ideas. Here is the response as well as me responding…

[….]

…END OF MY FB RESPONSE… adding more info for my reader.

An important phrase in my mind’s eye is the phrase, “Consent of the Governed.” That is found in the Declaration of Independence. Here is an excerpt of the idea/phrase via the Declaration of Independence:

  • We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. 

Here are two large excerpts about this from THE HERITAGE FOUNDATION that I wish to share so the reader understands that the topic isn’t as “neat and tidy, or, simple” as the OP video makes it out to be with simple percentages.

[CONSENT]

…Part of the reason for the Constitution’s enduring strength is that it is the complement of the Declaration of Independence. The Declaration provided the philosophical basis for a government that exercises legitimate power by “the consent of the governed,” and it defined the conditions of a free people, whose rights and liberty are derived from their Creator. The Constitution delineated the structure of government and the rules for its operation, consistent with the creed of human liberty proclaimed in the Declaration.

Justice Joseph Story, in his Familiar Exposition of the Constitution (1840), described our Founding document in these terms:

We shall treat [our Constitution], not as a mere compact, or league, or confederacy, existing at the mere will of any one or more of the States, during their good pleasure; but, (as it purports on its face to be) as a Constitution of Government, framed and adopted by the people of the United States, and obligatory upon all the States, until it is altered, amended, or abolished by the people, in the manner pointed out in the instrument itself.

By the diffusion of power–horizontally among the three separate branches of the federal government, and vertically in the allocation of power between the central government and the states–the Constitution’s Framers devised a structure of government strong enough to ensure the nation’s future strength and prosperity but without sufficient power to threaten the liberty of the people.

The Constitution and the government it establishes “has a just claim to [our] confidence and respect,” George Washington wrote in his Farewell Address (1796), because it is “the offspring of our choice, uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers uniting security with energy, and containing, within itself, a provision for its own amendment.”

The Constitution was born in crisis, when the very existence of the new United States was in jeopardy. The Framers understood the gravity of their task. As Alexander Hamilton noted in the general introduction to The Federalist,

[A]fter an unequivocal experience of the inefficacy of the subsisting federal govern­ment, [the people] are called upon to deliberate on a new Constitution for the United States of America. The subject speaks its own importance; comprehending in its consequences nothing less than the existence of the Union, the safety and welfare of the parts of which it is composed, the fate of an empire in many respects the most interesting in the world.

Several important themes permeated the completed draft of the Constitution. The first, reflecting the mandate of the Declaration of Independence, was the recognition that the ultimate authority of a legitimate government depends on the consent of a free people. Thomas Jefferson had set forth the basic principle in his famous formulation:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men deriving their just powers from the consent of the governed.

That “all men are created equal” means that they are equally endowed with unalienable rights. Nature does not single out who is to govern and who is to be governed; there is no divine right of kings. Nor are rights a matter of legal privilege or the benevolence of some ruling class. Fundamental rights exist by nature, prior to government and conventional laws. It is because these individual rights are left unsecured that governments are instituted among men.

Consent is the means by which equality is made politically operable and whereby arbitrary power is thwarted. The natural standard for judging if a government is legitimate is whether that government rests on the consent of the governed. Any political powers not derived from the consent of the governed are, by the laws of nature, illegitimate and hence unjust.

The “consent of the governed” stands in contrast to “the will of the majority,” a view more current in European democracies. The “consent of the governed” describes a situation where the people are self-governing in their communities, religions, and social institutions, and into which the government may intrude only with the people’s consent. There exists between the people and limited government a vast social space in which men and women, in their individual and corporate capacities, may exercise their self-governing liberty. In Europe, the “will of the majority” signals an idea that all decisions are ultimately political and are routed through the government. Thus, limited government is not just a desirable objective; it is the essential bedrock of the American polity.

[CHECKS AND BALANCES]

A second fundamental element of the Constitution is the concept of checks and balances. As James Madison famously wrote in The Federalist No. 51,

In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to controul the governed; and in the next place oblige it to controul itself. A dependence on the people is, no doubt, the primary controul on the government; but experience has taught mankind necessity of auxiliary precautions.

These “auxiliary precautions” constitute the improved science of politics offered by the Framers and form the basis of their “Republican remedy for the diseases most incident to Republican Government” (The Federalist No. 10).

The “diseases most incident to Republican Government” were basically two: democratic tyranny and democratic ineptitude The first was the problem of majority faction, the abuse of minority or individual rights by an “interested and overbearing” majority. The second was the problem of making a democratic form of government efficient and effective. The goal was limited but energetic government. The constitutional object was, as the late constitutional scholar Herbert Storing said, “a design of government with the powers to act and a structure to make it act wisely and responsibly.”

The particulars of the Framers’ political science were catalogued by Madison’s celebrated collaborator in The Federalist, Alexander Hamilton. Those particulars included such devices as representation, bicameralism, independent courts of law, and the “regular distribution of powers into distinct departments;’ as Hamilton put it in The Federalist No. 9; these were “means, and powerful means, by which the excellencies of republican government may be retained and its imperfections lessened or avoided.”

Central to their institutional scheme was the principle of separation of powers. As Madison bluntly put it in The Federalist No. 47, the “preservation of liberty requires that the three great departments of power should be separate and distinct,” for, as he also wrote, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed or elective, may justly be pronounced the very definition of tyranny.”

Madison described in The Federalist No. 51 how structure and human nature could be marshaled to protect liberty:

[T]he great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department, the necessary constitutional means, and personal motives to resist encroachments of the others.

Thus, the separation of powers frustrates designs for power and at the same time creates an incentive to collaborate and cooperate, lessening conflict and concretizing a practical community of interest among political leaders.

Equally important to the constitutional design was the concept of federalism. At the Constitutional Convention there was great concern that an overreaction to the inadequacies of the Articles of Confederation might produce a tendency toward a single centralized and all-powerful national government. The resolution to such fears was, as Madison described it in The Federalist, a government that was neither wholly federal nor wholly national but a composite of the two. A half-century later, Alexis de Tocqueville would celebrate democracy in America as precisely the result of the political vitality spawned by this “incomplete” national government.

The institutional design was to divide sovereignty between two different levels of political entities, the nation and the states. This would prevent an unhealthy concentration of power in a single government. It would provide, as Madison said in The Federalist No. 51, a “double security. .. to the rights of the people.” Federalism, along with separation of powers, the Framers thought, would be the basic principled matrix of American constitutional liberty. “The different governments;’ Madison concluded, “will controul each other; at the same time that each will be controulled by itself.”

But institutional restraints on power were not all that federalism was about. There was also a deeper understanding–in fact, a far richer understanding–of why federalism mattered. When the delegates at Philadelphia convened in May 1787 to revise the ineffective Articles of Confederation, it was a foregone conclusion that the basic debate would concern the proper role of the states. Those who favored a diminution of state power, the Nationalists, saw unfettered state sovereignty under the Articles as the problem; not only did it allow the states to undermine congressional efforts to govern, it also rendered individual rights insecure in the hands of “interested and overbearing majorities.” Indeed, Madison, defending the Nationalists’ constitutional handiwork, went so far as to suggest in The Federalist No. 51 that only by way of a “judicious modification” of the federal principle was the new Constitution able to remedy the defects of popular, republican government.

The view of those who doubted the political efficacy of the new Constitution was that good popular government depended quite as much on a political community that would promote civic or public virtue as on a set of institutional devices designed to check the selfish impulses of the majority As Herbert Storing has shown, this concern for community and civic virtue tempered and tamed somewhat the Nationalists’ tendency toward simply a large nation. Their reservations, as Storing put it, echo still through our political history.[1]

It is this understanding, that federalism can contribute to a sense of political community and hence to a kind of public spirit, that is too often ignored in our public discussions about federalism. But in a sense, it is this understanding that makes the American experiment in popular government truly the novel undertaking the Framers thought it to be.

At bottom, in the space left by a limited central government, the people could rule themselves by their own moral and social values, and call on local political institutions to assist them. Where the people, through the Constitution, did consent for the central government to have a role, that role would similarly be guided by the people’s sense of what was valuable and good as articulated through the political institutions of the central government. Thus, at its deepest level popular government means a structure of government that rests not only on the consent of the governed, but also on a structure of government wherein the views of the people and their civic associations can be expressed and translated into public law and public policy, subject, of course, to the limits established by the Constitution. Through deliberation, debate, and compromise, a public consensus is formed about what constitutes the public good. It is this consensus on fundamental principles that knits individuals into a community of citizens. And it is the liberty to determine the morality of a community that is an important part of our liberty protected by the Constitution.

The Constitution is our most fundamental law. It is, in its own words, “the supreme Law of the Land.” Its translation into the legal rules under which we live occurs through the actions of all government entities, federal and state. The entity we know as “constitutional law” is the creation not only of the decisions of the Supreme Court, but also of the various Congresses and of the President.

Yet it is the court system, particularly the decisions of the Supreme Court, that most observers identify as providing the basic corpus of “constitutional law.” This body of law, this judicial handiwork, is, in a fundamental way, unique in our scheme, for the Court is charged routinely, day in and day out, with the awesome task of addressing some of the most basic and most enduring political questions that face our nation. The answers the Court gives are very important to the stability of the law so necessary for good government. But as constitutional historian Charles Warren once noted, what is most important to remember is that “however the Court may interpret the provisions of the Constitution, it is still the Constitution which is the law, not the decisions of the Court.”[2]

By this, of course, Warren did not mean that a constitutional decision by the Supreme Court lacks the character of binding law. He meant that the Constitution remains the Constitution and that observers of the Court may fairly consider whether a particular Supreme Court decision was right or wrong. There remains in the country a vibrant and healthy debate among the members of the Supreme Court, as articulated in its opinions, and between the Court and academics, politicians, columnists and commentators, and the people generally, on whether the Court has correctly understood and applied the fundamental law of the Constitution. We have seen throughout our history that when the Supreme Court greatly misconstrues the Constitution, generations of mischief may follow. The result is that, of its own accord or through the mechanism of the appointment process, the Supreme Court may come to revisit some of its doctrines and try, once again, to adjust its pronouncements to the commands of the Constitution.

This recognition of the distinction between constitutional law and the Constitution itself produces the conclusion that constitutional decisions, including those of the Supreme Court, need not be seen as the last words in constitutional construction. A correlative point is that constitutional interpretation is not the business of courts alone but is also, and properly, the business of all branches of government. Each of the three coordinate branches of government created and empowered by the Constitution–the executive and legislative no less than the judicial–has a duty to interpret the Constitution in the performance of its official functions. In fact, every official takes a solemn oath precisely to that effect. Chief Justice John Marshall, in Marbury v. Madison (1803), noted that the Constitution is a limitation on judicial power as well as on that of the executive and legislative branches. He reiterated that view in McCullough v. Maryland (1819) when he cautioned judges never to forget it is a constitution they are expounding.

The Constitution–the original document of 1787 plus its amendments–is and must be understood to be the standard against which all laws, policies, and interpretations should be measured. It is our fundamental law because it represents the settled and deliberate will of the people, against which the actions of government officials must be squared. In the end, the continued success and viability of our democratic Republic depends on our fidelity to, and the faithful exposition and interpretation of, this Constitution, our great charter of liberty.

[1] Herbert J. Storing, “The Constitution and the Bill of Rights.” in Joseph M. Bessette, ed., Toward a More Perfect Union: Writings of Herbert J. Storing (Washington, D.C.: The AEI Press, 1995).

[2] Charles Warren, The Supreme Court in United States History (Boston: Little, Brown, and Company, 1922-1924), 3 vols., 470-471.

ALL this plays a role in us getting laws.

As an example of how “judicial activism” changes an outcome of a vote that a stae has a right to vote on (BECUASE the enumerated powers in the Constitution were not clear and thus the states get to decide):

  • The meaning of marriage.

So a slight majority of California voters voted to say marriage is between a man and a woman. Proposition 8 passed with 52 percent of the vote. One federal judge [Judge Vaughn Walker — himself a gay man] overturned the will of the California people. I think this judge was acting in an “activist” manner, but there is a way to overrule his decision legally… and the percentages to do so were not present, plus the Supreme Court wrongly interfered in this as well — like with Roe v. Wade.

The above is all arguable of course between out varying views of politics — that is not the point.

The POINT IS that this dynamic interferes with “simple math/percentages” idea of those that wish to have a pure democracy.

By way of another point showing the complexity of outcomes not being easily “mathematized,” take the 9th Circuit Upper Court. In 2012, The U.S Supreme Court reversed 86% of the 9th Circuit Court of Appeals rulings that it reviewed. WOW. That is a clear sign of something going on — like Judicial activism. (And this was the time-period where the Supreme Court was more left leaning than now.)

Now however, the Court has moved less from a “the Constitution is a living and breathing document” idea (the progressives view); to a more originalist idea based in president and the authors intent (a conservative view).

  • “Trump has effectively flipped the circuit,” said 9th Circuit Judge Milan D. Smith Jr., an appointee of President George W. Bush.

So the outcome of the judicial case regarding such cases like Proposition 8 may end up being much different when in front of the upper courts.

How do you quantify something like that into percentages or fractions?

HINT: You can’t.

So, I noted way up in my Facebook comment that I agree that our form of government is corrupt. I did give an example in my Facebook response that I did not include above — that I will here. And while this example deals with just one aspect, you can apply this to both sides of the aisle in their attempt to distort the will of the people in proper representation in order to aquire power and privilege.

More on this from around the time it was released at REASON.ORG’s post. Here is the video description:

America’s public education system is failing. We’re spending more money on education but not getting better results for our children.

That’s because the machine that runs the K-12 education system isn’t designed to produce better schools. It’s designed to produce more money for unions and more donations for politicians.

For decades, teachers’ unions have been among our nation’s largest political donors. As Reason Foundation’s Lisa Snell has noted, the National Education Association (NEA) alone spent $40 million on the 2010 election cycle (source: http://reason.org/news/printer/big-ed…. As the country’s largest teachers union, the NEA is only one cog in the infernal machine that robs parents of their tax dollars and students of their futures.

Students, teachers, parents, and hardworking Americans are all victims of this political machine–a system that takes money out of taxpayers’ wallets and gives it to union bosses, who put it in the pockets of politicians.

Our kids deserve better.

(With all that in play in the above video… how does that make mathematical equations in outcomes of voting an easy course of action?)

An example of how the corruption in education distorts the will of the people. In a recent survey, 79% of Black parents supported vouchers, 74% supported charter schools, and 78% supported open enrollment. Roughly three in four Black parents (78%) support education savings accounts, which are becoming increasingly popular across the country. This percentage is much higher even than the national average of two-thirds (67%).

You would think that we would already have school choice, however, through the bedfellows of interest groups, unions, and Big-Government (Crony Capitalism, or, Crony Corporatism) — we have outcomes that stifle choice.

All that is debatable as well… but again:

  • How do you quantify that?

How Feds ‘Skirted’ Constitution to Censor Content Online

Published by Papa Giorgio

See my previous post on this topic:

REASON-TV

These two shorter video clips are taken from a longer conversation with Stanford’s Jay Bhattacharya and New Civil Liberties Alliance senior counsel John Vechionne.

By focusing their sights on government actors instead of private companies under their boot, the Missouri v. Biden plaintiffs have chosen exactly the right target.

YouTube removed this March 2021 roundtable organized by Florida governor Ron DeSantis because of the views Bhattacharya and others expressed about masking children in school. Was this part of an illegal censorship campaign, as a lawsuit in federal court alleges?

JOHN SOLOMON

(Oct 1, 2022) “Anyone who’s concerned about free speech… this ought to scare you.” John Solomon joins Dr. Gina with his report on a private group that worked with the government to submit requests for censorship online during the 2020 election AND THEY’RE DOING IT AGAIN!

WALL STREET JOURNAL

The WALL STREET JOURNAL writes about the ruling as well:

  • 5th Circuit finds Biden White House, CDC likely violated First Amendment — The three judge panel found that contacts with tech companies by officials from the White House, the surgeon general’s office, the CDC and the FBI likely amounted to coercion

The U.S. Court of Appeals for the 5th Circuit on Friday ruled that the Biden White House, top government health officials and the FBI likely violated the First Amendment by improperly influencing tech companies’ decisions to remove or suppress posts on the coronavirus and elections.

The decision, written unanimously by three judges nominated by Republican presidents, was likely to be seen as victory for conservatives who have long argued that social media platforms’ content moderation efforts restrict their free speech rights. But some advocates also said the ruling was an improvement over a temporary injunction U.S. District Judge Terry A. Doughty issued July 4.

David Greene, an attorney with the Electronic Frontier Foundation, said the new injunction was “a thousand times better” than what Doughty, an appointee of former president Trump, had ordered originally.

Doughty’s decision had affected a wide range of government departments and agencies, and imposed 10 specific prohibitions on government officials. The appeals court threw out nine of those and modified the 10th to limit it to efforts to “coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce, including through altering their algorithms, posted social-media content containing protected free speech.”
The 5th Circuit panel also limited the government institutions affected by its ruling to the White House, the surgeon general’s office, the Centers for Disease Control and Prevention and the FBI. It removed restrictions Doughty had imposed on the departments of State, Homeland Security and Health and Human Services and on agencies including the U.S. Census Bureau, the National Institute of Allergy and Infectious Diseases, and the Cybersecurity and Infrastructure Security Agency. The 5th Circuit found that those agencies had not coerced the social media companies to moderate their sites.

Read the 5th Circuit’s ruling

The judges wrote that the White House likely “coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences.” They also found the White House “significantly encouraged the platforms’ decisions by commandeering their decision-making processes, both in violation of the First Amendment.”

A White House spokesperson said in a statement that the Justice Department was “reviewing” the decision and evaluating its options.
“This Administration has promoted responsible actions to protect public health, safety, and security when confronted by challenges like a deadly pandemic and foreign attacks on our elections,” the White House official said. “Our consistent view remains that social media platforms have a critical responsibility to take account of the effects their platforms are having on the American people, but make independent choices about the information they present.”

The decision, by Judges Edith Brown Clement, Don R. Willett and Jennifer Walker Elrod, is likely to have a wide-ranging impact on how the federal government communicates with the public and the social media companies about key public health issues and the 2024 election.

The case is the most successful salvo to date in a growing conservative legal and political effort to limit coordination between the federal government and tech platforms. This case and recent probes in the Republican-controlled House of Representatives have accused government officials of actively colluding with platforms to influence public discourse, in an evolution of long-running allegations that liberal employees inside tech companies favor Democrats when making decisions about what posts are removed or limited online.

The appeals court judges found that pressure from the White House and the CDC affected how social media platforms handled posts about covid-19 in 2021, as the Biden administration sought to encourage the public to obtain vaccinations.

The judges detail multiple emails and statements from White House officials that they say show escalating threats and pressure on the social media companies to address covid misinformation. The judges say that the officials “were not shy in their requests,” calling for posts to be removed “ASAP” and appearing “persistent and angry.” The judges detailed a particularly contentious period in July of 2021, which reached a boiling point when President Biden accused Facebook of “killing people.”

“We find, like the district court, that the officials’ communications — reading them in ‘context, not in isolation’ — were on-the-whole intimidating,” the judges wrote.
The judges also zeroed in on the FBI’s communications with tech platforms in the run-up to the 2020 elections, which included regular meetings with the tech companies. The judges wrote that the FBI’s activities were “not limited to purely foreign threats,” citing instances where the law enforcement agency “targeted” posts that originated inside the United States, including some that stated incorrect poll hours or mail-in voting procedures.

The judges said in their rulings that the platforms changed their policies based on the FBI briefings, citing updates to their terms of service about handling of hacked materials, following warnings of state-sponsored “hack and dump” operations.

[….]

The 5th Circuit ruling reversed Doughty’s order specifically enjoining the actions of leaders at DHS, HHS and other agencies, saying many of those individuals “were permissibly exercising government speech.”

“That distinction is important because the state-action doctrine is vitally important to our Nation’s operation — by distinguishing between the state and the People, it promotes ‘a robust sphere of individual liberty,’” the 5th Circuit judges wrote.

Yet Friday’s order still applies to a wide range of individuals working across the government, specifically naming 14 White House officials, including five who are no longer in office. The order specifically names Surgeon General Vivek H. Murthy and another member of his office, three CDC staffers and two FBI officials, including the head of the foreign influence task force and the lead agent of its cyber investigative task force in San Francisco.

White House press secretary Karine Jean-Pierre is among the White House officials named.

Stanford Law School professor Daphne Keller said the 5th Circuit’s ruling appeared to allow “a lot of normal communications as long as they are not threatening or taking over control of platforms’ content decisions.”

“But it also says they can’t ‘significantly encourage’ platforms to remove lawful content, so the real question is what that means,” she said.

Friday’s decision came in response to a lawsuit brought by Republican attorneys general in Louisiana and Missouri who allege that government officials violated the First Amendment in their efforts to encourage social media companies to address posts that they worried could contribute to vaccine hesitancy during the pandemic or upend elections.

Missouri Attorney General Andrew Bailey celebrated the decision as a victory in a statement.

“The first brick was laid in the wall of separation between tech and state on July 4,” he said. “Today’s ruling is yet another brick.”

ACLJ: WILL END UP IN FRONT OF THE SUPES

ACLJ make the point that it will end up in front of SCOTUS.

We’re celebrating a massive free speech victory as the Fifth Circuit Court of Appeals upheld the ruling that President Joe Biden cannot censor conservatives on social media. We also give an update on our newest legal battle on behalf of Charlie Kirk and Turning Point USA against digital censorship. We must not allow the Biden Administration to interfere in future elections as it did with President Donald Trump in the 2020 presidential election by censoring the Hunter Biden laptop story. 

The 14th Amendment EXCLUDES the President and VP

Published by Papa Giorgio

JIM G. said this:

  • “I see nothing in the Constitution that requires there be a conviction in order to disqualify a person from running.”

To which I MERELY SAY:

  • “I see nothing in the 14th Amendment including the President or Vice President in the outcome. In fact, I see language excluding them.”

Let “me” explain.

★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ 14th AMENDMENT ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

AN UPDATE

Before continuing however I wish to update a previous news piece noted in a connected post from YAHOO NEWS, which said:

  • A Florida lawyer is challenging former President Trump’s ability to run for president in 2024 under the U.S. Constitution’s 14th Amendment, citing the Jan. 6, 2021, Capitol attack. Lawrence Caplan, a tax attorney in Palm Beach County, filed the challenge in federal court Thursday, pointing to a clause in the amendment that says those who “have engaged in insurrection or rebellion” against the government cannot hold office.

The update ends like all the other attempts at this novel legal theory and misreading of the 14th Amendment – failure. The update to this story is this JUST THE NEWS:

  • A federal judge dismissed a lawsuit brought by a Florida tax attorney that claimed former President Donald Trump could not run for office on the basis of fomenting an insurrection.

… CONTINUING

BREITBART has a good short article discussing the idea a bit when they say:

The text specifically lists “Senator,” Representative,” and “elector of President and Vice President,” but does not specifically mention the president or vice president. Some of those who advocate using Section 3 to disqualify Trump suggest that the president falls under the category of “any office.” Law professors William Baude and Michael Stokes Paulsen argue, for example,  that the language of Section 3 must be interpreted broadly.

But there is also the legal convention of expressio unius est exclusio alterius (“the express mention of one thing excludes all others”), meaning that if a list omits something, it is presumed to have done so deliberately.

Again, another source likewise notes the idea:

  • Expressio unius est exclusio alterius | A Latin term literally meaning “the expression of one thing is the exclusion of the other”. This is a common law principle for construing legislation which holds that a syntactical presumption may be made that an express reference to one matter excludes other matters. (THOMPSON REUTERS PRACTICAL LAW)

Section 3 specifically lists representatives, senators, and electors of POTUS and VP, but does not specifically list POTUS and VP. Clearly the 14th excludes the President and Vice President from the listed elected offices barred under the amendment.

Byron York in his WASHINGTON EXAMINER post shows the recent arguments from those that wish to remove Trump — then goes on to explain how these arguments fail. (Michael McConnell is a contributing author to the book on the right)

It all seems a little too simple, doesn’t it? A voice of caution in all this comes from Michael McConnell. First, McConnell is skeptical about applying the word “insurrection” to the events of Jan. 6, 2021. “Section 3 speaks of ‘insurrection’ and ‘rebellion,'” he wrote. “These are demanding terms, connoting only the most serious of uprisings against the government, such as the Whisky Rebellion and the Civil War. The terms of Section 3 should not be defined down to include mere riots or civil disturbances, which are common in United States history. Many of these riots impede the lawful operations of government, and exceed the power of normal law enforcement to control. Are they insurrections or rebellions, within the meaning of Section 3?”

McConnell continued: “I would hazard the suggestion that a riot is the use of violence to express anger or to attempt to coerce the government to take certain actions, while insurrections and rebellions are the use of violence, usually on a larger scale, to overthrow the government or prevent it from being able to govern.”

Then, McConnell questioned Baude and Paulsen’s belief that all sorts of actions fit under the heading of “insurrection,” even actions that many people would consider constitutionally protected speech. The authors’ idea, apparently, is to define the offense so broadly that Trump is sure to be guilty of it. “Baude and Paulsen maintain that Section 3 ‘covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support,'” McConnell wrote. “They explicitly state that Section 3 trumps the First Amendment. The terms ‘broad range of conduct’ and ‘indirect support’ are ominous, especially since they also say that Section 3 trumps the First Amendment and does not require due process. What could go wrong?”

A lot could go wrong. And then, there is the problem of letting state secretaries of state make so momentous a decision as to remove a major political party’s presidential candidate from the ballot on their own authority. “We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice,” McConnell wrote. “If abused, this is profoundly anti-democratic.”

A reminder about my previous post and the quote from David Frum’s ATLANTIC article:

And then what? If Section 3 can be reactivated in this way, then reactivated it will be. Republicans will hunt for Democrats to disqualify, and not only for president, but for any race where Democrats present someone who said or did something that can be represented as “aid and comfort” to enemies of the United States. Didn’t progressive Representative Ilhan Omar once seemingly equate al-Qaeda with the U.S. military? Do we think that her political enemies will accept that she was making only a stupid rhetorical point? Earlier this year, Tennessee Republicans tossed out of the legislature two Black Democrats for allegedly violating House rules. Might Tennessee Republicans next deem unruly Democrats “rebels” forbidden ever to run for office again?

Finally, McConnell noted that Congress has passed a law against insurrection, which, like the 14th Amendment, also carries the penalty of disqualification to hold public office. The Justice Department could actually charge people with insurrection if it chose. The cases would then “proceed through the ordinary course of prosecution by the executive, trial by a court, decision by a jury, and appeal to appellate courts, with due process at every step,” McConnell wrote. “It is significant that the Department of Justice has prosecuted hundreds of persons for their involvement in the January 6 incursion at the Capitol, but has not charged anyone, including Trump, with insurrection under this or any other statute. It is not obvious that partisan officials in state governments, without specific authorization or checks and balances, should apply broad and uncertain definitions to decide who can run for office in a republic, when responsible officials with clear statutory and constitutional authority have not done so.”

McConnell’s objections are contained in a brief letter to the Volokh Conspiracy blog, but they capture in some depth the essential danger of the latest 14th Amendment craze in the anti-Trump world. In addition, no one’s analysis, so far at least, has really explored the effect such a stunt would have on our political system. But you can be sure of one thing: Someone is going to try this. Some official somewhere will cite the new interpretation of the 14th Amendment, Section 3, to remove Trump from a ballot. And then, who knows what will happen?

Again, the widely accepted and understood legal convention is “if a list omits something, it is presumed to have done so deliberately.” Another TWEET I liked was this one:

Art. VI, § 3 where the Constitution lists who is required to swear or affirm to support the Constitution, the President is NOT included in the broad category of “executive officers”. That’s because Art. II S 8 specifies the oath (different from that of an officer) required by the President. There is no title of Commander in Chief in any military or govt branch. It’s exclusive.

Obviously the framers viewed the President as something greater than an executive officer.

14th amd. Sec3 DOES amend qualifications for Congress by textually excluding former members guilty of insurrection. It also textually excludes insurrectionists from being POTUS electors. BUT it avoids textually excluding or including a former POTUS because there again he is not an officer. The framers obviously didn’t go there. In the 2nd bogus impeachment trial Trump was acquitted of inciting an insurrection by the Senate, a branch of the US govt. The opinion that he is constitutionally barred is flawed, easily debunked and an insane interpretation!

 this shortened video of Crossroads (EPOCH-TV):

The 14th Amendment vs. Trump

Published by Papa Giorgio

This will be my first installment to a legal challenge just getting underway in keeping Trump from office. Some say this is new, it is not. Some say Trump being charged with “insurrection” isn’t needed, it is. David Frum correctly says the Court will decide in the end. Frum also notes that if this tactic is opened up, our body-politic will be riddled with keeping our political foes from office. More distortions of the law will surely come as the Left uses Lawfare to attack the “Democracy” they say they want to protect. As more is written on these challenges and the hyperbole from the MSM and politicians splash into our lives, I will be posting on this more in the future.

This old challenge reignited “anew” by a couple Federalist legal scholars [as well as some Leftist scholars] is that Trump can be barred from future office positions due to “insurrection.”

This will be a thing.

THE CHALLENGE EXPLAINED A BIT

  • Two Federalist Society law professors have published their findings stating that Trump is disqualified from serving as President based on the originalist interpretation of the 14th amendment ban on anyone who has engaged in insurrection against the United States from running for office. (MTN)
  • Donald Trump is ineligible to become president again, leading conservative scholars argue. “The Fourteenth Amendment, Section 3 says that anybody who takes an oath to uphold the Constitution and thereafter engages in or gives aid and comfort to an insurrection cannot hold any office under the United States, period,” Harvard University Carl M. Loeb University Professor of Constitutional Law Emeritus Laurence Tribe tells Joy Reid. (YAHOO NEWS)

Firstly, as much as the Left opines that an insurrection conviction isn’t needed, it is, in reality, in order to bar Trump from office. If the Left tries to push this thru without a solid legal ground, the electorate will clearly note this and there will be hell to pay.

And, I assume, in the end the Supes will need to get involved. Especially if pushed thru before the election like Trump’s 2nd shampeachment.

More on SCOTUS from David Frum below.

COURT CASE ALREADY STARTED

Here is a recent news story of a Florida case already being pushed thru:

A Florida lawyer is challenging former President Trump’s ability to run for president in 2024 under the U.S. Constitution’s 14th Amendment, citing the Jan. 6, 2021, Capitol attack.

Lawrence Caplan, a tax attorney in Palm Beach County, filed the challenge in federal court Thursday, pointing to a clause in the amendment that says those who “have engaged in insurrection or rebellion” against the government cannot hold office.

(YAHOO NEWS)

Here is a video, also Left leaning, explaining the issue well:

  • MeidasTouch host Ben Meiselas reports on a new disqualification lawsuit filed against Donald Trump in Florida federal court under the 14th Amendment Section 3.

PUSHING BACK ON THIS IDEA

[As an aside: just to note officially on my site, the current cases against Trump are being rushed through the courts, however, Alan Dershowitz and Jonathan Turley both say isn’t going to happen.]

THE FEDERALIST has this response to a recent 126-page paper on Trump not being eligible for the Presidency:

….Despite the scenes of the attack on the Capitol and extensive investigations, the American people do not seem to agree that Trump took part in an insurrection or rebellion. Almost half the respondents in a THE HILL rejected the claim that the events of Jan. 6 were an actual “insurrection” (with the divide tracking partisan lines), and 76 percent viewed it as a “protest gone too far.”

Other considerations also call into question the claim that Trump instigated an “insurrection” in the constitutional sense. If it were clear that Trump engaged in insurrection, the Justice Department should have acted on the Jan. 6 Committee’s referral for prosecution on that charge. Special Counsel Jack Smith should have indicted him for insurrection or seditious conspiracy, which remain federal crimes. If it were obvious that Trump had committed insurrection, Congress should have convicted him in the two weeks between Jan. 6 and Inauguration Day. Instead, the House impeached Trump for indictment to insurrection but the Senate acquitted him.   

The Senate’s acquittal is the only official finding by a federal or state institution on the question of whether Trump committed insurrection. The failure of the special counsel to charge insurrection and the Senate to convict in the second impeachment highlights a serious flaw in the academic theory of disqualification.

According to Luttig and Tribe, it appears self-evident that Trump committed insurrection. They assume Trump violated the law without any definitive finding by any federal authority. According to their view, he must carry the burden of proof to show he is not guilty of insurrection or rebellion — a process that achieves the very opposite of our Constitution’s guarantee of due process, which, it so happens, is not just provided for by the Fifth Amendment, but reaffirmed in the same 14th Amendment that contains the disqualification clause. It would be like requiring Barak Obama to prove he was native-born (a constitutional prerequisite for being president) if state election officials disqualified him for being foreign-born.

The Electoral College Chooses Presidents, Not State Officials

If this academic view were correct, it would throw our electoral system into chaos. One of the chief virtues of the Electoral College system is that it decentralizes the selection of the president: State legislatures decide the manner for choosing electors, with each state receiving votes equal to its representation in the House and Senate. States run the elections, which means that hundreds, if not thousands, of city, county, and state officials could execute this unilateral finding of insurrection. A county state election official, for example, could choose to remove Trump’s name from printed ballots or refuse to count any votes in his favor. A state court could order Trump barred from the election. A state governor could refuse to certify any electoral votes in his favor. The decentralization of our electoral system could allow a single official, especially from a battleground state, to sway the outcome of a close race in the 2024 presidential election.

Allowing a single state to wield this much power over the federal government runs counter to broader federalism principles articulated by the Supreme Court. In our nation’s most important decision on the balance of power between the national government and the states, McCullough v. Maryland, Chief Justice John Marshall held that a single state could not impose a tax on the Bank of the United States. Marshall famously observed that “the power to tax is the power to destroy.”

Marshall may well have frowned upon single state officials deciding to eliminate candidates for federal office on their own initiative. The Supreme Court lent further support for this idea in United States Term Limits v. Thornton (1995), which held that states could not effectively add new qualifications for congressional candidates by barring long-time incumbents from appearing on the ballot. Writing for the majority, Justice Stevens argued that allowing states to add term limits as a qualification for their congressional elections conflicted with “the uniformity and national character [of Congress] that the framers sought to ensure.” Allowing state election officials to decide for themselves whether someone has incited or committed insurrection, without any meaningful trial or equivalent proceeding, would give states the ability to achieve what term limits forbid.

[….]

We are not apologists for Trump’s spreading of baseless claims of electoral fraud or his efforts to stop the electoral count on Jan. 6. But as with the weak charges brought by the special counsel, the effort to hold Trump accountable for his actions should not depend on a warping of our constitutional system. Prosecutors should charge him with insurrection if they can prove it and have that conviction sustained on appeal. Congress should disqualify Trump if it can agree he committed the crime. Ultimately, the American people will decide Trump’s responsibility for the events of Jan. 6, but at the ballot box in 2024’s nominating and general elections for president…

TRUMP NOT CHARGED with INSURRECTION

Insurrection is still key in this endeavor, and, as mush as Laurence Tribe thinks it is self evident, the case has not been made. In THE AMERICAN SPECTATOR has a great little article worthy of noting,

For 31 months, the Democrats and their allies in the corporate media have characterized the Capitol Hill chaos that erupted on Jan. 6, 2021 as an “insurrection.” The House of Representatives reinforced this version of events by impeaching then-President Trump for “incitement of insurrection.” The Senate acquitted him, of course. Nonetheless, the House Select Committee to Investigate the January 6th attack referred the case to the Justice Department for further investigation. Consequently, it was something of a surprise that the formal indictment unsealed last Tuesday by Special Counsel Jack Smith failed to charge Trump with fomenting insurrection.

This must have been particularly frustrating for those who have long insisted that the 14th Amendment prohibits Trump from serving a second presidential term. The primary purpose of the 14th Amendment was, of course, to grant citizenship to emancipated slaves. However, it also includes language in Section 3 that bars anyone who has “engaged in insurrection or rebellion against the [United States]” from holding office in the federal government. This passage was included to prevent former officials of the Confederacy from returning to Congress and creating more mischief. The problem with using this clause against Donald Trump is explained by constitutional law professor Josh Blackman in Reason:

In some legal circles, advocates contend that it is so obvious that Trump committed insurrection. Yet, the special counsel, after studying the issue for months, opted not to bring that charge. Why? Perhaps Smith determined that he could not prove beyond a reasonable doubt that Trump engaged in insurrection. Or maybe Smith determined there were considerable legal questions about how to obtain such a conviction – most critically, was there an actual insurrection? (Yes, for the Supreme Court to knock Trump off the ballot, you need five votes to say that there was an insurrection as a matter of law – good luck with that!)

It evidently never occurred to the victims of Trump Derangement Syndrome that “insurrection” is a legal term with an actual definition in the U.S. Code. In order to convict former President Trump of this crime, the Special Prosecutor must prove that he fits the following description in 18 U.S.C. § 2383: “Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto.” Anyone convicted of insurrection can expect a long prison term and a hefty fine. It would be difficult to convict Trump under this statute, considering that not one participant in the Jan. 6 riot has been charged with insurrection…..

DAVID FRUM’S ATLANTIC PIECE

And it may be a 50-state attempt, which will push it to the Supes sooner rather than later. David Frum, a #NeverTrump guy, notes this will be a failed endeavor by simply stating in his ATLANTIC piece:

  • “The fourteenth amendment won’t save us from Donald Trump.”

Continuing he states:

….The least of these problems is the legal one: whether Trump’s scheme to seize the presidency by fraud, then violence, amounts to a “rebellion” or an “insurrection” under the amendment. There will be a lot of disagreement on that point, enough to generate litigation. But let’s suppose that the excluders win in court or that the courts abdicate altogether, kicking the dispute back to the elected branches of government as a “political matter.”

In that case, the use of the section to debar candidates would not stop at Trump. It would become a dangerously convenient tool of partisan politics.

LET’S RECONSIDER the text:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Because Section 3’s meaning seemed so obvious in 1866, a lot of the hard questions about its interpretation and application were shrugged off. I’ll nominate just two examples.

First, the section does not apply only to candidates for president—it does not even mention the president. It mentions senators, House members, electors, and civil and military officers of the United States or any state. The section appears to apply to the presidency only as part of that final catchall category.

Second, that phrase “aid and comfort to the enemies thereof”—what does that mean? The language is copied from Article III, Section 3 of the Constitution. But there, the language was drafted to make it difficult to convict an accused person of crime: “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

David H. Gans: The Fourteenth Amendment was meant to be a protection against state violence

Section 3 of the Fourteenth Amendment strips away all of the 1787 restrictions: the overt act, the two witnesses, the requirement of public confession. The question of what constitutes “aid and comfort” is left to the judgment of … wait—Section 3 gives no clue about how it should be enforced or by whom. Again, that’s understandable. In 1866, none of this looked complicated. But in a modern context, that enforcement question of a reactivated Section 3 will be nasty.

Consider the scenario in which Section 3 is invoked against Trump in 2024. Although he has won the Republican nomination, Democratic secretaries of state in key states refuse to place his name on their ballots, as a person who engaged in insurrection against the United States. With Trump’s name deleted from some swing-state ballots, President Joe Biden is easily reelected.

But only kind of reelected. How in the world are Republicans likely to react to such an outcome? Will any of them regard such a victory as legitimate? The rage and chaos that would follow are beyond imagining.

And then what? If Section 3 can be reactivated in this way, then reactivated it will be. Republicans will hunt for Democrats to disqualify, and not only for president, but for any race where Democrats present someone who said or did something that can be represented as “aid and comfort” to enemies of the United States. Didn’t progressive Representative Ilhan Omar once seemingly equate al-Qaeda with the U.S. military? Do we think that her political enemies will accept that she was making only a stupid rhetorical point? Earlier this year, Tennessee Republicans tossed out of the legislature two Black Democrats for allegedly violating House rules. Might Tennessee Republicans next deem unruly Democrats “rebels” forbidden ever to run for office again?

Where are the federal courts in all this? Do they actually stand aside as local officials exercise veto power over who’s a loyal enough American to be listed on the ballot for county commissioner? Do they really let the “elected branches” decide? And what would that mean in practice? The section transfers an otherwise presidential prerogative, the pardon power, to Congress. If the courts step back, does that not imply that the House and Senate must somehow find a way to wield the power of the section together?

That seems unlikely. But the alternative of judicial decision is fraught with institutional risks too. Imagine a serious effort to block Trump from appearing on ballots in 2024, and then suppose he challenges that block in court—and ultimately wins a ruling in his favor from the Supreme Court, by a margin of 5–4 or even 6–3. Now the rage and chaos would be reversed. A pro-Trump Thomas-Alito-Gorsuch-Barrett-Kavanaugh majority might obliterate whatever deference the Court still commands among Democrats and liberals. Although much is wrong with the present Court, this country will not be in a better or happier place if it loses its last, imperfect arbiter….

UPDATED ON 09/18/2023 | CNN Transcript

A CNN interview was just pointed out to me where a “not-fan of Trump” said rationally what David Frum said, and that is, allowing states to go down this path will create vindictive cross-fire that will spread through our body-politic:

STERLING: What we need to do is focus on the voters. We have a Constitutional Republic of laws that essentially empowers voters to make decisions. They make good ones. They make bad ones. They generally come out OK. We have to trust the voters in this. And anybody using an electoral scheme or a constitutional interpretation to remove anybody from the ballots is going to be a dangerous precedent.

Because I can guarantee you what happens, it start up from the Bork hearings in ’86. One side does one thing, the other side does something else. The other side blames the last side for doing it. There will be a Republican saying, you have violated your oath of office under the Constitution. I’m barring you from the ballot. That’s all we’re going to see happening. We need to have grown-ups in the room look at the long term implications of these things. Whether we disagree with the individual candidate or loved a individual candidate.

FRUM IS RIGHT

Bottom line?

IN THE END, SCOTUS SAVES THE DAY

And Frum is exactly right on this point as well: Republicans will hunt for Democrats to disqualify. As much as I love the GOP using the Dems tactics against them. Take for instance Mitch McConnell’s warning to Harry Reid, which came to fruition when the Republicans [thankfully] used to get judges onto the bench that were center-right. If this “insurrection/sedition” tactic is unleashed, our system will have a ton of these potholes, forever disrupting the turnover of power peaceably.

ALREADY TRIED

The WASHINGTON TIMES also notes that this effort has already been unsuccessful with other Republican candidates

….According to the Congressional Research Service, a nonpartisan shared staff to congressional committees and members of Congress, “Invocation of the Disqualification Clause raises a number of novel legal questions involving the activities that could trigger disqualification, the offices to which disqualification might apply, and the mechanisms to enforce disqualification.”

CRS’ analysis of the 14th Amendment relating to the Capitol events adds, “The clause has been seldom used, and the few times it has been used in the past mainly arose out of the Civil War—a very different context from the events of January 6.”

Citizens for Responsibility and Ethics in Washington have joined Free Speech for People with plans to hit Mr. Trump‘s campaign with legal broadsides under Section 3 of the 14th Amendment.

They have written letters to state election officials requesting them to block Mr. Trump from the ballot and are preparing voter lawsuits and state election board complaints.

Section 3 of the 14th Amendment, enacted after the Civil War during Reconstruction, disqualifies someone from holding office after taking an oath to uphold the U.S. Constitution but later engages in “insurrection or rebellion” against the country.

The clause was intended to deal with Confederate rebels who went to war against the Union or provided aid or comfort to national enemies.

Throughout 2022, liberal organizations such as Free Speech for People and Our Revolution sent letters urging election officials in all 50 states to disqualify Mr. Trump and his allies from qualifying for the ballot.

The groups cited the 14th Amendment, ratified in 1868, to make a case for barring lawmakers and the former president from running campaigns because of their perceived role in inciting the protest.

Liberal activists’ 2022 legal attempts under the 14th Amendment, however, to throw Republican House lawmakers they contended were “insurrectionists” off ballots in their home states were all unsuccessful.

These lawmakers were Reps. Marjorie Taylor Greene of Georgia, Paul Gosar and Andy Biggs of Arizona, Tom Tiffany and Scott Fitzgerald of Wisconsin, Madison Cawthorn of North Carolina and Sen. Ron Johnson of Wisconsin.

A law firm recently filed a lawsuit arguing that former President Donald Trump can be disqualified from the elections. And while this is new, it pulls from an agenda that the establishment has been proposing since 2021. The basis is Section 3 of the 14th Amendment, ratified in 1868 just after the Civil War. It says a person can be banned from election or appointment to any level of government office if they “engaged in insurrection or rebellion against the [United States], or given aid or comfort to the enemies thereof.” The establishment has been arguing this could apply to President Trump’s actions to challenge the 2020 election, and for his alleged role in Jan. 6.

HOWEVER, as pointed out, Joshua Philipp points out this has already been tried, and failed:

MORE TO COME IN THE FUTURE, FOR SURE.

Federalist Bonus
John Yoo & John Malcolm

Below are four excerpts from a longer FEDERALIST SOCIETY discussion between John Malcolm and John Yoo: “A Conversation on the Right: The Current State of Presidential Power”.

EXCERPT ONE:
John Yoo Says That January 6th Was “Thee Most Important Legal Event”

In this excerpted discussion John Yoo notes that the January 6th stuff is not nearly as strong as the Mara-Lago case (and in the fuller video he throws cold water on that as well). John Malcolm also discusses the ability of counsel to delve into all sorts of avenues of legal thought and advice. Jack Smith laid out an argument that undercuts his and Georgia’s entire case [should watch the above linked video for more]:

3. The Defendant had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won. He w6as also entitled to formally challenge the results of the election through lawful and appropriate means, such as by seeking recounts or audits of the popular vote in states or filing lawsuits challenging ballots and procedures. Indeed, in many cases, the Defendant did pursue these methods of contesting the election results. His efforts to change the outcome in any state through recounts, audits, or legal challenges were uniformly unsuccessful. (HERITAGE FOUNDATION)

EXCERPT TWO:
Insurrection and Sedition Not Part of Indictments | PLUS: Trump’s State of Mind

In this excerpted discussion John Yoo notes the lack of “insurrection” or “sedition” in the indictments. John Malcolm speaks to Trump’s clear words of “peacefully and patriotically marching” – which he says is not in the record of the indictment. Trump’s state of mind is discussed a bit.

EXCERPT THREE:
Brad Raffensperger/Trump Phone Call Dissected by John Malcolm

In this excerpted discussion John Malcolm quickly notes the failure of any criminal law breaking in the phone call between Georgia Secretary of State Brad Raffensperger and Donald Trump regarding the “finding” of votes. The worst of intentions is applied to Trump by those that dislike him, however, the law done well looks beyond people’s opinions of him.

EXCERPT FOUR:
A Question About What Type Of Legal Advice John Eastman Gave

This is a question regarding John Eastman’s legal advice from the Q & A portion of the video.

McCulloch v. Maryland | Federalism

Published by Papa Giorgio

Why is McCulloch v. Maryland considered such an essential case? Prof. David Schwartz of the University of Wisconsin’s Law School explains how McCulloch v. Maryland helped identify fundamental principles of federalism.

Progressivism vs. Declaration (4th of July Primer)

Published by Papa Giorgio

(School is in!) Mark Levin shares his study of the U.S. Constitution and it’s Founding. The American Founding. Levin discusses the miracle of the death of the two men key to the Declaration’s appearance (Jefferson and Adams) on the Fourth of July. He then treads into progressive waters and the current dislike of our American Founding as compared to history. He reads from Woodrow Wilson (our first Ph.D. President) and his disdain for the Founding document and Principles. Then a reading from — really a counter point — Calvin Coolidge to cement the idea that these are eternal principles. Levin wonders aloud how Leftists can even celebrate the 4th in good conscience.

About the Declaration there is a finality that is exceedingly restful. It is often asserted that the world has made a great deal of progress since 1776, that we have had new thoughts and new experiences which have given us a great advance over the people of that day, and that we may therefore very well discard their conclusions for something more modern. But that reasoning can not be applied to this great charter. If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final. No advance, no progress can be made beyond these propositions. If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people. Those who wish to proceed in that direction can not lay claim to progress. They are reactionary. Their ideas are not more modern, but more ancient, than those of the Revolutionary fathers. — Calvin Coolidge (POWERLINE)

BTW, if one does not know the history of the fourth in regard to Jefferson and Adams, or the eternal principles BEHIND the Declaration, here are some decent videos:

DAMNING! Biggest First Amendment Violation In Modern History

Published by Papa Giorgio

》》MORE TO COME! 《《 

TUCKER CARLSON

DAILY CALLER notes about the above:

Fox News host Tucker Carlson said Friday that documents released by Elon Musk and journalist Matt Taibbi detail a massive “systemic violation” of the First Amendment.

“One of the most extraordinary moments in the history of social media is unfolding right now as we speak. It began when Elon Musk took control of Twitter. When he bought the company, he promised to reveal its corruption, the extent to which Twitter engaged in politically motivated censorship, including the unlawful illegal censorship of American citizens at the direction of the U.S. government.”

Musk released the documents to journalist Matt Taibbi, who posted a lengthy thread on Twitter. The documents reportedly detail how company executives made moderation decisions and accommodated requests from the Biden campaign.

“Well, tonight, less than an hour ago, Musk began to make good on that promise. Twitter shared a trove of internal documents with Matt Taibbi of Substack, these documents are coming out as we speak and what they prove is very serious,” Carlson said. “Those documents show a systematic violation of the First Amendment, the largest example of that in modern history.”……

I must note that there was a single Democrat that expressed Constitutional concerns about the government asking for the censoring of social media posts. I felt compelled to write a letter to Rep. Ro Khanna:

RPT’S LETTER TO REP. RO KHANNA

Dear Representative Khanna,

I rarely write to my congressman let alone a Rep. from elsewhere in our fine nation. And why would a conservative Evangelical write to a Democrat Representative at all – except to bludgeon him (or her) with fodder.

Well.

After reading the Twitter thread by Matt Taibbi as well as stories from my “daily habit” of sites…. You left me no choice but to express my deepest respect to you and your team for being concerned with our (yes, our) Constitutional declarations of our God given rights.

Bravo.

If you were in front of me I would give you a hug.

Blessings to you and yours as we all enter this Christmas season. I will add you and your family to my prayer routine.

Forever In My Mind,

Sean G, MATS (Bio: religiopoliticaltalk . com/ bio-from-felon-to-seminary-grad/ )

  • The man who does not read good books is no better than the man who can’t ~ Mark Twain (or, “Abigail Van Buren”)
  • Don’t ever take a fence down until you know the reason it was put up ~ G.K. Chesterton
  • Do you realize if it weren’t for Edison we’d be watching TV by candlelight ~ Al Boliska.

NEWSBUSTERS

Tucker Carlson mentioned that the truth would have [possibly] changed the 2020 Presidential election outcome. NEWSBUSTERS actually polled Democrat voters on this:

■ Burying Biden’s Bad News: The media’s censorship of Biden’s scandals had the strongest impact on this year’s election. According to our survey, more than one-third of Biden voters (35.4%) were unaware of the serious allegations brought against the Democratic nominee by Tara Reade, a former staffer who said Biden sexually assaulted her in the 1990s.

If they had known about Tara Reade’s sexual assault allegations, 8.9% told us they would have changed their vote — either switching to Trump or a 3rd party candidate, not voting for any presidential candidate, or not voting at all. By itself, this would have flipped all six of the swing states won by Biden (Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin), giving the President a win with 311 electoral college votes.

Even more Biden voters (45.1%) said they were unaware of the financial scandal enveloping Biden and his son, Hunter (a story infamously censored by Twitter and Facebook, as well as ignored by the liberal media). According to our poll, full awareness of the Hunter Biden scandal would have led 9.4% of Biden voters to abandon the Democratic candidate, flipping all six of the swing states he won to Trump, giving the President 311 electoral votes.

The ticket’s left-wing ideology was another issue barely mentioned by the national press. A GovTrack analysis found Biden’s running mate, California Senator Kamala Harris, had the most left-wing record of any Senator in 2019 (even more than self-described socialist Bernie Sanders). Our poll found that 25.3% of Biden voters said they didn’t know about Senator Harris’s left-wing ideology. If voters had the complete story, it would have led 4.1% of Biden voters to change their vote, flipping Arizona, Georgia, Nevada, Pennsylvania and Wisconsin to Trump. The result would have been a Trump victory, with 295 electoral college votes…..

NEWSBUSTERS has more of the most recent government censoring.

LAURA INGRAHAM

FLASHBACK w/ Larry Elder

2020 ELECTION

2008 ELECTION

Frederick Douglass: From Slave to Statesman (Updated)

Published by Papa Giorgio

Frederick Douglass was born into slavery, but through his own heroic efforts became one of the most influential advocates for freedom in American history. His journey, a tale both agonizing and inspiring, should be known by everyone. Timothy Sandefur, author of “Frederick Douglass: Self-Made Man,” guides us through Douglass’ amazing life.

I spoke with the owners of the video that I grabbed this clip from. They were kind enough to allow this to stay up — HOWEVER — if you enjoyed this clip, please visit and consider subscribing to EncourageTV. The channel is built with positive, wholesome, and religious viewership in mind. (Which is better than the drivel we get elsewhere.)

(REALLY this is young Douglas vs. old Douglass, Kaepernick merely takes him out of a lifetime of thought)

Kaepernick quoted Frederick Douglas in “bashing” July 4th. FIRST, Ted Cruz does a bang-up job in responding to this here (DAILY WIRE). But the mistake I see here (#TWO) is that people evolve.

Let me explain.

I have heard many people over the years quote St. Augustine to support their understanding of a Church Father supporting old-earth creationism (OEC). But in fact, as Augustine matured in his faith and thought about the competing worldviews (remember, he was a Pagan before being Born Again) he became a solid young earth creationist (YEC). So the quote people choose pre-dates his ending up as a YEC’er. In other words, as he moved further away from his Pagan roots he came closer to God’s clear work. (See my post entitled “Taking Physicist Stephen Barr to Task Over St. Augustine“)

The same applies here, Douglas was newly freed, he fell into being tutored by someone who viewed the Constitution as a “slave document, but after spreading his wings further, reading the Constitution (and the Civil War) — he matured to believe the Constitution was an anti-slavery document.

The book pictured and I highly recommend is this: “Setting the Record Straight: American History in Black & White“. There is a DVD as well.

See as well my page on my site with many resource recommendations on various topics: “U.S. RACIAL HISTORY“