Category: Constitutional Issues

Saturday Soother – March 11, 2023

The Daily Escape:

Sunset, Santa Elena Canyon, Big Bend NP, TX – March 2023 photo by Rick A. Ludwig. Cliff on left is in Mexico, the one on the right is in US. The Rio Grande is in the middle.

Signs that we’re starting to think about the 2024 election are everywhere. Wrongo wants to connect a few dots regarding Biden’s recent efforts to move the Democratic Party more to the middle on crime and immigration while staying left on financing the country’s social and military needs.

Biden proposed a budget to reduce the deficit, protect Medicare and Social Security, and raise taxes on wealthy individuals and corporations. From the NYT:

“In a speech in Philadelphia on Thursday, Mr. Biden said that his budget was designed to ‘lift the burden on hard working Americans’ and drew sharp contrasts with the proposals that Republicans have offered, which the president argued would threaten the nation’s social safety net programs and benefit the rich.”

This contrasts with Biden’s right-leaning position on the recent DC crime bill. Since DC is controlled by the Congress, it’s legislation can be vetoed by the US Senate. Also from the NYT:

“The Senate…voted overwhelmingly to block a new District of Columbia criminal code that reduces mandatory minimum sentences for some violent offenses, with Democrats bowing to Republican pressure to take a hard line on crime in a move that underscored the rising political potency of the issue ahead of the 2024 elections.”

By an 81-to-14 vote, with 31 Democrats voting with the Republicans, the Senate passed the Republican-written measure to undo the District’s law. It now goes to Biden, who after initially opposing it abruptly changed course and said he would sign it.

So, Biden’s tacking left on spending but to the center-right on crime. He’s making a series of calculated moves to position his Party to compete successfully in 2024. Still, it’s disappointing that Biden and 31 Democrats joined with the Right to deny DC residents the right to govern their own city.

But this shouldn’t be surprising. Last year, Biden and the Democrats turned their backs on labor during their contract battle with the railroads.

Here’s Nick Catoggio in the Dispatch: (Brackets by Wrongo)

“[Biden has]…begun to tiptoe toward the center lately on another major Democratic liability, immigration…..Centrist analysts…have warned Biden and his Party that their political viability depends on escaping the…“cultural bubble” in which an unsecured border is treated as a civic good.”

And last week Biden changed his immigration policy. He’s requiring asylum seekers to seek refuge in nations they pass through rather than waiting to do so in the US.

These new policies bring Biden closer to public opinion. Among Democrats, a plurality want to see the number of asylum applicants increased rather than reduced. Among the overall public, it’s the opposite. Biden is tilting toward the latter.

Biden wants to be seen as strong on crime. Democrats walk a fine line of being against crime but not wanting to wholly support the police. Doing that would risk looking anti-Black in cities that are so important to their political success. Dems support compassionate justice and not retributive justice, so they get tied up in knots when violent crime increases, which is rising in America. The problem of course is that the descriptor “violent” isn’t consistently applied.

Biden’s idea is to try to win more votes from people who are not fanatic MAGA types. That means picking off White suburban voters, Asian voters and Hispanic and Black voters, all of whom are concerned about crime.

Tom Sullivan points out that while the moderate-to-conservative White population is in slow decline, their votes remain significant, and that Democrats shouldn’t ignore them over the next two years:

“Sadly, Democrats often do. Campaigning in concentrated urban areas that tend to vote your way is simply easier and more cost-effective. What it means for largely rural states like North Carolina is that while it remains possible to elect a Democrat like Roy Cooper as governor, Democrats’ urban focus bequeaths him a Republican-dominated legislature…”

Sullivan says the Democrats need to start acting like the big-tent party that they used to be.

And that’s what Biden is attempting to do.

Time to say “enough” to war-gaming the 2024 election. It’s time for our Saturday Soother. The daffodils have sprung through the snow, a sure sign of spring. We turn back the clocks tomorrow night, another win for those who hate dark days.

So, it’s time to take a few minutes to center yourself. Start by sitting in a comfy chair and watch and listen to Lili Boulanger’s “D’un matin de Printemps” (On a spring morning). She wrote this piece in 1917 when she was 23. Boulanger battled bronchial pneumonia throughout her short life, dying a year later at age 24. Here, it is played by the Seattle Symphony conducted by Cristian Măcelaru.

Listen and think about her writing this during the darkest days of her life:

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Saturday Soother – March 4, 2023

The Daily Escape:

Superstition Mountain area, AZ – March 2, 2023 photo by Teresa Arbisi

What does freedom mean to you? Lexington, a columnist who writes about America in the Economist, says that American politicians on the right and left are groping for a new definition of what it means:

“Democrats and Republicans are competing over which party is the true defender of freedom in American life, but the claims of both have become muddy. What the debate really illuminates is how far the parties have drifted from decades of consensus about liberty in American economic and social life, without yet articulating where they are headed, if they know.”

Lexington says that as evidence of the Republicans’ commitment to freedom, they are for gun rights. The Democrats usually point to abortion rights or voting rights. But the crux of today’s battles are about how history should be taught, what pronouns people should use, and whether governments should coax investment managers to include corporate behaviors in their analysis of investments.

We see that there’s a new willingness on the part of Republicans to inject the state into what freedom means.

Lexington says that Harvard’s Michael Sandel, in his 1996 book “Democracy’s Discontent”, traced in the wake of the New Deal how Americans made peace with centralized governmental power by embracing a concept of liberty that maximized the individual citizens’ freedom to pursue their own ends, with an economy that encouraged consumption. The implicit agreement was that:

“The government would deliver economic growth and Americans would debate how to distribute it, but politicians would stay out of questions about individuals’ values or notions of the good life. In one sign of this shift the Supreme Court in 1943 blocked local governments from compelling schoolchildren to salute the flag.”

This idea of government staying out of the way of individual freedom used to be a core assumption of American politics, but not so much today. Two examples: Florida’s governor DeSantis has trouble squaring his agenda that includes enhancing the state’s control over local schools and substituting its judgment for that of corporations over how to serve their customers.

DeSantis signed a law tightening restrictions on what materials teachers can use, prevented cruise-ship companies from requiring passengers to be vaccinated and sought new government control over Disney because he disapproved of its exercise of speech.

This week, a Florida state senator introduced a bill that would make bloggers who write about DeSantis, and other members of the Florida executive cabinet or legislature register with the state or face fines.

Whatever you make of these policies, what’s happening in Florida is miles away from any definition of freedom.

Second, Lexington points to Sarah Huckabee Sanders, the governor of Arkansas. In her rebuttal to Biden’s State of the Union speech, she said she was a defender of free speech, while boasting she had banned the “derogatory term LatinX in our government”. Wrongo never uses the term either, but did Huckabee Sanders understand the contradiction between her actions and what freedom of speech means?

The Republicans are saying words about freedom that no longer square with the concept, while groping for definitions that they can’t articulate without losing much of America. Take for example, this quote from DeSantis’s new book, “The Courage to Be Free”:

“At the end of the day, the re-mooring of the constitutional ship of state will provide the needed foundation for the reinvigoration of a society rooted in freedom, justice, and the rule of law.”

What exactly does THAT mean?

This is a great time to introduce you to Anat Shenker-Osorio. She’s the founder of ASO Communications, and an expert on political messaging. Shenker-Osorio says we need to be thinking about freedom as freedoms, plural. And to see it as a concept that the Left needs to reclaim from the Right, who use it as a tribal signifier.

She says the Left focuses too much on what they are against. Thus, what the Left stands for gets lost in the noise. She thinks that freedom must be a contested value between the Parties.

If you think about it, the Right have fought against every major effort to extend freedom to more people. Isn’t it funny how deeply anti-communist Florida along with the deeply anti-communist Republican Party keep doing things to constrain freedom? Aren’t these the hallmarks of state socialist regimes?

On to the weekend and our Saturday Soother. It’s our time to forget about ideas that make our heads hurt; like what freedom means. Let’s try to center ourselves after another week of terrible news. Here on the Fields of Wrong, the first robins have arrived. They’re searching among the patches of snow for those early bugs that will soon be everywhere. We’re also getting our latest late winter snowfall, so good luck finding bugs for the next day or so.

Let’s start off by grabbing a chair by a south-facing window. Now watch and listen to Yo Yo Ma perform “Song of the Birds“. It’s a traditional Catalan tune and was a favorite of Pablo Casals, but the composer is unknown. Ma plays this piece often.

Casals often played it to protest war and oppression, particularly after he fled Franco’s Spain. He played it in 1961 at the White House for John F. Kennedy. Here Ma performs it live at KCRW in Los Angeles:

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Monday Wake Up Call – February 20, 2023

The Daily Escape:

Oatman, AZ on Route 66 – February 2023 photo by Laurel Anne Lindsay

Some of you may have heard about a study called “The Hidden Tribes of America” by the group More in Common. It’s trying to understand the forces driving political polarization in America today. They classify the American electorate into seven distinct groups, they call “Tribes”.

But their key conclusion is that most people don’t belong on the far left or far right: (brackets by Wrongo)

“…the largest group that we uncovered in our research has so far been largely overlooked. It is a group of Americans we call the Exhausted Majority…representing a two-thirds majority of Americans, who aren’t part of the Wings….most members of the Exhausted Majority aren’t [simply] political centrists or moderates. On specific issues, their views range across the spectrum.”

More:

“But while they hold a variety of views, the members of the Exhausted Majority are also united in important ways: They are fed up with the polarization plaguing American government and society….. [they] are so frustrated with the bitter polarization of our politics that many have checked out completely….. they aren’t ideologues who dismiss as evil or ignorant the people who don’t share their exact political views. They want to talk and to find a path forward.

This chart from the study graphically illustrates the seven tribal groups of the American populace. As you can see, there is a left-wing group that is about 8% of the US population. And there are two right-wing groups that equal about 25% of Americans. That leaves four groups in what the authors call the “Exhausted Majority”. They are 67% of the American populace.

Here are some demographic characteristics of the seven groups:

  • Progressive Activists: younger, highly engaged, secular, cosmopolitan, angry.
  • Traditional Liberals: older, retired, open to compromise, rational, cautious.
  • Passive Liberals: unhappy, insecure, distrustful, disillusioned.
  • Politically Disengaged: young, low income, distrustful, detached, patriotic,
  • Moderates: engaged, civic-minded, middle-of-the-road, pessimistic, Protestant.
  • Traditional Conservatives: religious, middle class, patriotic, moralistic.
  • Devoted Conservatives: white, retired, highly engaged, uncompromising,

Wrongo identifies as one of the Traditional Liberals, their description rings true.

The authors say that in their research, this tribal membership predicted differences in Americans’ views on various political issues better than demographic, ideological, and partisan groupings. You can read or download the whole study here.

An “Exhausted Majority” may be a positive political development. Wrongo spends nearly every day thinking that there are just two opposing camps. And that they each view each other with fear and loathing, refusing to listen to anything that doesn’t fit their existing narrative. As we’re entering the next presidential campaign, it’s good to know that Wrongo’s view of our polarization might be well, wrong.

Is the “Exhausted Majority” merely a new response to our dysfunctional politics? Wrongo isn’t alone in thinking that what’s wrong with our country will take decades to overcome. Faced with that, people start to look for quick fixes, or a way to stop listening to the wrangling. And you don’t have to be unaligned with either Party to share this sense of exasperation.

The people described in the “Exhausted Majority” are similar. It’s also true that for most people, politics isn’t the be-all-end-all of their lives. They’d prefer that the business of government didn’t require their involvement. They’re trying to get their kids educated, and to keep them safe. They prefer to see political compromise happen without needing to be involved.

But if you can walk away from politics when it frustrates you, then you’re in the lucky minority:

  • There are large numbers of parents who have discovered that their child is addicted to opioids.
  • There are many people who had lost their health insurance when they were laid off.
  • Many sent their daughter to college in the South only to learn that she no longer has any reproductive rights.
  • Many are worried that books are being taken from public school libraries.
  • Some fear that they may lose the right to vote.

These people can’t simply throw up their hands and walk away. Only political action will help them. We all know that the political radicals are irredeemable. We also know they make the most noise, but they’re a minority.

The fed-up people on both sides and in the middle have to find a way to take the country back from the radicals, instead of allowing ourselves to be herded into existing opposing camps.

Time to wake up America! We can’t simply drop out. There’s too much at stake. Democrats need to find candidates and a message that can motivate an additional 5%-15% of the “Exhausted Majority” to vote with them. To help you wake up, watch, and listen to the RedMolly band play a very nice cover of Richard Thompson’s “Vincent Black Lightning 1952”. It’s a surprise how beautifully it adapts to a bluegrass idiom, and the dobro work makes it:

“Vincent Black Lightning” is one of the most perfect songs ever written. We saw Thompson perform it live at Tanglewood last summer.

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Reform The Supreme Court

The Daily Escape:

Gold Creek Valley, WA – December 2022 photo by Erwin Buske Photography

“A body of men holding themselves accountable to nobody ought not be trusted by anybody.” – Thomas Paine

Welcome to 2023! It seems like a good time to think again about what’s worth fighting for. Paine valued freedom and despised oppression. In 2023, we could substitute the US Supreme Court (SCOTUS) for Paine’s original targets, which were Britain and King George III.

From Ed Walker: (emphasis by Wrongo)

“In case after case, SCOTUS has ignored the trial record, made up its own facts, reached out to take cases before a record can be made, ignored precedent, including precedent about rejecting precedent, invented new Constitutional “doctrines”, taking faked-up cases for the sole purpose of striking down actions…and delaying justice through the shadow docket.”

The Shadow Docket is designed to allow the Court to engage in administrative management of its calendar so that the Justices have sufficient time to rule on emergency applications.

On Dec. 27, we saw an example of the Court’s reactionary majority using the Shadow Docket to extend indefinitely a Trump immigration policy known as Title 42. Trump implemented Title 42 to exclude asylum seekers from the US because they might be carriers of coronavirus.

From Vox’s Ian Millhiser:

“That decision…is typical behavior from the Supreme Court — or, at least, is reflective of this Court’s behavior since a Democrat moved into the White House….It’s the latest example of the Court dragging its feet after a GOP-appointed lower court judge overrides the Biden administration’s policy judgments, often letting that one judge decide the nation’s policy for…an entire year.

And that delay may be the best-case scenario for the Biden administration — and for the general principle that unelected judges aren’t supposed to decide the nation’s border policy. “

Millhiser points out that SCOTUS’ response is very different from when Trump was in office. Back then, the Court frequently raced to reinstate Trump’s policies within days.

The Court’s Conservative Six no longer seem to care about the law or precedent. It’s become a policy-making body in service of Conservative’s religious and social agendas. We should expect It to continue down this path until we reform the Court.

Reform is necessary to protect the legislative prerogatives of Congress, and the prerogatives of the Executive. Oh, and to protect the individual liberties guaranteed by the Constitution.

The NYT’s Adam Liptak says that SCOTUS has been rapidly accumulating power at the expense of every other part of the government. He quotes Mark A. Lemley, a Stanford law professor’s article in The Harvard Law Review:

“The Court has taken significant, simultaneous steps to restrict the power of Congress, the administrative state, the states, and the lower federal courts. And it has done so using a variety of (often contradictory) interpretative methodologies. The common denominator across multiple opinions in the last two years is that they concentrate power in one place: the Supreme Court.”

Non-elected activist judges indeed.

We have historically entrusted courts with the task of determining which rights belong to the people, and the extent to which governments at all levels can exercise their Constitutional powers in controlling the people. We know that courts have always lagged behind the consensus of the American People on issues of rights. But before now, change has come, albeit slowly.

That ended with SCOTUS’ decision in Dobbs, where the Conservative Six ruled that women have no right to control their own bodies.

Earlier, they imposed their religious view that coaches are free to dragoon their players into worshiping the God of the coach’s choice, and that religious leaders are free to spread a pandemic, despite public health officials’ warnings.

Neither Congress nor the President have resisted SCOTUS’s power grab. They haven’t even taken the mild step of imposing ethical requirements on the Court. The other two branches have simply watched the Conservative Six operate in their self-declared role of Philosopher Kings. We now have a Supreme Court tinkering with the Separation of Powers, based solely on political and ideological preference.

As if to justify their power without restraint or oversight, Chief Justice John Roberts recently cited the myth of “three separate and co-equal branches of government.” But that isn’t what the Founders and Framers had in mind, and it isn’t what the Constitution says.

In fact, the judiciary was third in line of power and importance in the minds of the Framers of the Constitution. Article III clearly puts the Supreme Court under the control of Congress. Section 2 is unambiguous:

“[T]he supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”

The founders felt the judiciary was not co-equal. In Federalist 51, James Madison proclaims:

“[I]n republican government the legislative authority, necessarily, predominates.”

In Federalist 78, Alexander Hamilton writes:

“[T]he judiciary is beyond compare the weakest of the three departments of power.”

It’s important to remember that the power to overturn laws passed by Congress and signed by the President was not granted by the Constitution: it was taken by the Court onto itself in 1803 in the case Marbury v Madison.

Soon SCOTUS will rule in Moore v Harper. Moore hinges on a legal proposition known as the “independent state legislature theory.” The theory says that, when it comes to making state laws that apply to federal elections — from drawing congressional district lines, to determining the who-what-when-where of casting a ballot — only the state legislature itself has the power to set the rules.

Moore is an opportunity for the court to reject radicalism, but SCOTUS may upend our democracy with their decision.

SCOTUS has legalized bribery of politicians (Citizens United) and ignored potentially seditious behavior by its own members and their families. Not to mention exceeding its Constitutional authority by inserting itself into political issues, now with startling regularity.

It’s time to reign in the Supremes before they reign over us.

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Trump’s “Terminate The Constitution” Rant

The Daily Escape:

Juniper and snow, near Colorado Springs, CO – December 2022 photo by John Susan Hoffman

(Good luck to Sen. Ralph Warnock in today’s Georgia run-off election for a full term in the US Senate)

In the past two weeks, Trump has pledged solidarity with the January 6 rioters, dined with Holocaust-denying fans of Adolf Hitler, and called for the termination of the Constitution. On his failing Truth Social clone of Twitter, he yelled:

 “…the termination of all rules, regulations, and articles, even those found in the Constitution” in order to “declare the RIGHTFUL WINNER” from 2020 or “have a NEW ELECTION”

As Mike Pence’s former chief of staff, Marc Short said on Meet the Press, Trump’s attack on the Constitution was consistent with:

“…what he asked the vice president to do two years ago, when rioters were attacking the Capitol and he asked the vice president to overturn the election results.”

Let’s underline this: The likely Republican nominee for president in 2024 called for the “termination of the Constitution”,  not to “suspend” the Constitution as several pundits have mistakenly said. And very few in the GOP bothered to call him out on it. As Dennis Aftergut said in the Bulwark:

“Trump writing that we should cancel the Constitution ranks right up alongside John Tyler’s support of the Confederacy as among the most shameful acts by a former president in our nation’s history.”

There’s a method to Trump’s madness. Let’s go back to what he said to Lesley Stahl prior to their “60 Minutes” interview in 2018. From CNBC: (emphasis by Wrongo)

“Stahl said she and her boss met with Trump at his office in Trump Tower in Manhattan…in advance of a recorded sit-down interview for ‘60 Minutes’. At one point, he started to attack the press, Stahl said. There were no cameras in there. I said, ‘You know, this is getting tired. Why are you doing it over and over?….And he said: ‘You know why I do it? I do it to discredit you all and demean you all so that when you write negative stories about me no one will believe you.’”

And to a degree that worked. Trump has now moved on to discrediting the Constitution and the judiciary. While some Trump-appointed judges have done a few helpful things for him, they can’t deliver what Trump needs most: Immunity from prosecution.

He needs to be reelected in order to do that for himself.

Since 2021, the DOJ, the Georgia courts, and the New York courts have been grinding away at the January 6 insurrection, the theft and retention of national security documents at Mar-a-Lago, and the NY tax case. All have become more worrying for Trump.

He’s lost more than once in the US Supreme Court, in the 11th Circuit, and in courts in Georgia and NY. Regardless of whether it’s rulings on motions related to executive privilege, challenges to warrants and subpoenas, or actual verdicts against the Oathkeepers for seditious conspiracy, the legal wagons appear to be circling in more closely around him.

Trump knows that. So he’s returning to what has worked for him before: Demonizing his enemies.

Instead of the media, this time he’s attempting to demonize our Constitutional order. If he’s successful at doing that before we see any indictments, verdicts, and sentences against his corporation, or himself, he thinks he can survive politically with his base. By going for the Constitution, he’s trying to discredit the judicial system so that the GOP won’t turn against him if/when he’s held accountable.

Targeting the Constitution has downsides – the authority of any judge Trump appears before flows from that Constitution, and unlike the media, judges are backed by the DOJ and the FBI.

Imagine if you’re the DOJ’s Special Counsel Jack Smith, and the biggest target of your career just openly called for the termination of the Constitution. You’re probably thinking that you have a decent shot at convicting Trump of trying  to overthrow the Constitution back on Jan. 6.

Some GOP lawmakers who were asked on the Sunday political shows about Trump’s rant said they disagreed. However, most wouldn’t say they’d oppose Trump if he becomes the GOP’s 2024 presidential nominee. They’re saying as little as possible because they believe a large percentage of the Republican base agrees with him.

Trump’s best (his only?) defense is retaking the presidency. That is why we shouldn’t minimize his call to “terminate the Constitution”.

We need to keep pressure on Republican politicians to either disown Trump or embrace him. We should be asking Republican Senators and House Representatives:

“Trump took an oath to support and defend the Constitution, then he said we should abolish it. You also took that same oath. Does your oath require you to defend it against him?”

Mention the oath. In every question.

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Monday Wake Up Call – November 21, 2022

The Daily Escape:

Early snow, Rockford, MI – November 2022 photo by Jeane Blazic

We’re going to cover two topics on this Monday. First, Bernard L. Fraga, associate professor of Political Science at Emory University, tweeted the demographics of the Georgia midterm election:

Black turnout was down by 4.5% vs 2018. Hispanic turnout was down 2.5%. Had the Black turnout percentage been at 2018 levels, Warnock probably would have won outright. The difference may have been caused in part by the new voting restrictions in Georgia. Wrongo talked last week about helping Georgians get photo IDs. People better wake up and help get more Black Georgians to the polls on December 6.

But today’s main wake up call is about the Rightwing group, the American Legislative Exchange Council (ALEC). Wrongo has written about ALEC before, here, here, here and here. ALEC prepares model legislation that conforms to hard Right ideology. They then meet with state legislators all across America to push for adoption of ALEC-written laws at the state level. These are laws that would probably never become law at the federal level.

In the past, some Republican-led states have passed hundreds of pieces of ALEC’s model legislation almost word for word, including on immigration, voter suppression, the environment, guns, and energy policy.

Now, ALEC is pushing states to adopt a new law shielding US businesses from “political boycotts”. If enacted, the proposed legislation, would prevent boycotts by investors, banks, and companies of any other US business. The guts of the Act is that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

  • Does not engage in economic boycotts; and
  • Will not engage in economic boycotts during the term of the contract.

This comes about amid rising consumer pressure on firms over who they support politically, or who they choose to do business with. Think about the decision by major retail stores to stop selling My Pillow products, or the decision by Adidas to cut Kanye West’s shoe line loose after he made anti-Semitic statements.

From The Guardian:

“The new model legislation requires every “governmental entity”, which covers a wide array of bodies from state government to local police departments and public universities, to include a clause in contracts requiring businesses to pledge they “will not engage in economic boycotts”

For most of us, “free markets” means that businesses are free to make buying and selling decisions based on the information that’s relevant to their economic interests. But to enforce this Act, a state Attorney General can decide that the decision to, for example, divest the stock of an oil and gas company, is an ideological act.

What if it’s just not that good of a stock?

ALEC’s doublethink maintains that for free markets to remain free, it is sometimes necessary to restrict the freedom to make certain decisions based on criteria that an Attorney General can define as “ideological.”

Even if they are based on a sound economic rationale.

We knew all along that for the Right Wing, free doesn’t really mean free. These people are authoritarians who want to harness the powers of government for their own ends. And they’ll do whatever’s convenient to achieve those ends.

The Republican establishment is very much alive. ALEC is the right wing’s corporate gangsters in suits. In this case, it’s billionaires aligned with corrupt Republican politicians. They have purchased state and federal legislators to do their bidding. And it’s been going on for a very long time.

Let’s see what the Supreme Court does when one of these cases gets in front of them.

Time to wake up America! The hard right in America is unbelievably well-funded. ALEC is just one of the many ways that they are undermining what true “freedom” means.

To help you wake up, listen to Little Feat, that is, the Lowell George-led version of Little Feat, (not the several incarnations of newer bands using that name that have been working since Lowell died in 1979).

Here Lowell George does “Dixie Chicken”, recorded at London’s Rainbow Theater on August 3 & 4, 1977. It’s from the live album, “Waiting for Columbus”. If you don’t know this album, you should buy the 2002 Deluxe Edition CD. You will never be sorry. Don’t buy the version on Amazon, it only has 20 songs; the actual deluxe CD has 27.

WFC was recorded in London and in Washington DC. There were 4 dates in London and 3 in DC. Here it is:

That’s Bill Payne on the piano solo. Little Feat combines jazz, honkytonk, swing, ragtime and Dixie into one great song. Enjoy!

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Preventing Stolen Elections

The Daily Escape:

Sunset, Heceta Beach, OR – September 2020 photo by Jack Arnold Photography

From the NYT:

“Activists driven by false theories about election fraud are working to toss out tens of thousands of voter registrations and ballots in battleground states, part of a loosely coordinated campaign that is sowing distrust and threatening further turmoil as election officials prepare for the November midterms.”

Government databases being what they are, voter rolls do contain errors, usually because voters have died or moved without updating their registrations. States typically rely on systematic processes as required by their laws to update or purge voter rolls.

Now, outside partisan Republican groups are attempting to use privately generated lists to “help” clean up the information. The Conservative Partnership Institute, (CPI) which has Mark Meadows as a senior partner, has distributed a playbook that instructs local groups on how to vet voter rolls.

CPI and other groups have challenged at least 65,000 voter registrations across eight counties in Georgia. In Michigan, another group challenged 22,000 ballots from people who had requested absentee ballots for the state’s August primary. And in Texas, residents sent affidavits challenging the eligibility of more than 6,000 voters in Harris County, the state’s largest county, which is home to Houston.

These are challenges by Republicans who are targeting Democratic cities and counties in battleground states. It takes time for local election officials to review each challenge, and in some cases, the challengers are angry and impatient.

What would bring most of this to a halt, is for cities and counties to impose a hefty filing fee that would be refundable in proportion to the number of valid challenges. Checking to see if a challenge is valid or not takes time and effort. States shouldn’t allow partisans to gum up the work of local election officials for free. If there’s no penalty for throwing spaghetti at a wall to see what sticks, everybody will toss some.

In a more positive note about protecting our democratic process, it appears a reform of the Electoral Count Act of 1887 will pass Congress later this year. Abuse of the vague language in that Act led Trump and his co-conspirators to try to overturn the 2020 presidential election on Jan. 6, 2021.

Since Jan. 6, we’ve seen an organized effort by Republicans in many states to fill key, lower profile election jobs with people who will only certify elections that Republicans win. To prevent that from happening again, both Houses have come up with legislation to reform the Act.

In a move that most likely guarantees passage of an electoral reform bill this year, Senate Minority Leader Mitch McConnell (R-KY) announced support for the Electoral Count Reform and Presidential Transition Improvement Act of 2022.

Eleven Senate Republicans have already announced they are co-sponsoring it, more than enough for it to avoid filibuster and pass. The Senate Rules Committee on Tuesday voted 14-1 to advance the bill, with Sen. Ted Cruz (R-Asshole) being the only committee member to object.

Last week, the House passed its version of Election Reform, with the support of nine Republicans. It’s similar, and both bills make it clear that the vice president’s role in counting Electoral votes at the joint session of Congress is purely ministerial.

That by itself would have saved a lot of bloodshed at the US Capitol on Jan. 6.

The Senate bill ensures that Electoral votes counted by Congress accurately reflect the results of each state’s popular vote for president, something the House bill also does. It also provides clearer guidelines for when eligible candidates for president and vice president can receive federal resources to support their transition to power, something that Trump vindictively stalled after the 2020 election.

It would also substantially increase the threshold for Congress to consider an objection to the Electoral votes of individual states, requiring that at least one-fifth (20%) of each Chamber sign on to such challenges. Currently, that requires just one Senator and one House member. From Sen. Amy Klobuchar, (D-MN):

“Right now, just two people out of 535 members can object and slow down and gum up the counting.”

So it sets a much higher bar.

This is good news for America. One, it helps ensure we continue to have peaceful transfers of power between presidential administrations. And two, we’re seeing bipartisanship around a key Constitutional issue.

It’s clear that these bills must be negotiated into a single bill that is approved before January when there’s a decent chance that Republicans will get control of the House.

Most pundits think it will come to a vote after the November mid-terms. Now we have to hope McConnell doesn’t change his mind.

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Why Democrats Haven’t Closed the Midterm Gap

The Daily Escape:

Sunrise, Duxbury, MA – September 2022 photo by Juergen Roth Photography

Fall is here and the midterms are 41 days away. And CBS reports that the Republicans have a lead, but it’s still shrinking. CBS’s analysts still have the GOP picking up the House, but it is still within reach:

“While they’re still in a very good position to capture a House majority, that majority looks narrower today than it ever has, having ticked down for the second straight month to 223 seats in our model estimate. Republicans were at 226 in August and 230 in July.”

CBS says that voters think the stakes are high, and for many it’s more than the pocketbook issues of gas prices and inflation. BTW, Wrongo paid $2.95/gal on Monday. Here’s a chart from CBS:

Voters believe by two to one that a Republican Congress would lead to women getting fewer rights and freedoms than they have now.

Other polls talk about whether people view the Parties’ candidates favorably or unfavorably, the WaPo reviewed more than 20 polls across the swing states including Arizona, Georgia, Michigan, New Hampshire, Pennsylvania, and Wisconsin. And in most cases, the Trump-aligned candidates have huge unfavorability deficits, but these popularity gaps are mostly larger than the expected voting margins in the actual head-to-head contests.

Let’s go back to the CBS poll for the reason why the Democrats are still trailing:

Despite having their voters’ enthusiasm grow, Democrats are still less likely than Republicans to say they’ll definitely vote. They haven’t closed that gap.

That makes the campaign right now about the Dems defining what the contest is about for their own voters and for independents. Once Dems get beyond the voters most concerned with abortion, they still have work to do making this midterm election look like other midterms where they’ve won.

The WaPo’s Aaron Blake tells us that the difference is that Republican and right-leaning swing voters see an obnoxious Republican and think: He may be a jerk, but he’s our jerk.

Democrats don’t do that. They fight among themselves about the virtue of their candidates.

Republicans have much more party loyalty than Democrats. Steve M. at No More Mister Nice Blog says it’s not hard to see why:

“Their favorite media sources have engaged in pure cheerleading for their party (and relentless demonization of the other party) for decades. The rest of the media is described as “liberal,” but it’s always ready to shiv a Democrat.”

He asks:

“Was there a single positive news story published about Joe Biden between the fall of Afghanistan and the passage of the Inflation Reduction Act?”

So it’s not surprising that these Republican jerks can be competitive.

Republicans are pretty much all on the same page now. They are a minority Party at the national level and that requires them to rely on Party unity to regain power.

Wrongo doesn’t know what to tell you. Everyone needs to communicate that if the Republican Party takes control of both Houses of Congress they will:

  • Work to make voting more difficult or meaningless. They just voted against disclosing dark money in our elections, thereby reinforcing the damage done by Citizens United.
  • Try to have their Republican legislatures decide who won an election by nullifying the power of state supreme courts to check rogue legislatures.
  • Work to weaken Social Security and Medicaid.
  • Try to pass a national abortion ban. And if that’s not enough, they are leaning towards a ban on contraception.
  • Try to end the right to same sex marriage.
  • Work to make America a one-religion state.

None of the above is an exaggeration. Republicans are pushing all of these terrible things right now.

Beyond that, here’s something to remind your friends who still aren’t sure how they’ll vote: Republicans historically don’t care about the issues they keep going on about on cable news, or in their incessant negative election ads. And they won’t do anything to address them if they win.

They have no real governing agenda.  And there’s only one way to stop them.

Get out the vote.

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Can We Become A Representative Democracy Again?

The Daily Escape:

Toroweap Point, North Rim, Grand Canyon NP, AZ – August 2022 photo by Andrei Stoica

Our democracy is teetering. Minority states representing a fraction of the whole population of the country, have an outsized representation in the Electoral College and in the Senate. This has helped ignite an acute threat to American democracy that’s based in Red State America. The NYT’s David Leonhardt quotes Harvard’s Steven Levitsky:

“We are far and away the most countermajoritarian democracy in the world,”

One reason is that the more populous states over the past century have grown much larger than the small states. That means the bigger state residents now hold (relatively) less political power in the Senate and the Electoral College than they did in the 1900s.

This was something that the founders understood and agreed on. At the time, there was an alternative discussion about maintaining proportional representation in the House. In the first US Congress, (1789-1791), James Madison had proposed 12 potential Constitutional amendments. We all know that ten amendments were quickly ratified as the Bill of Rights. Another amendment was ratified in 1992 as the 27th Amendment which prohibits salary increases for House and Senate members to take effect before the next election.

The only one of the 12 amendments passed by Congress that wasn’t ratified is the Congressional Apportionment Amendment (CAA). The CAA was designed to let the number of seats in the House grow to meet future population growth.

A majority of the (then) states ratified the CAA. But by the end of 1791, it was one state short of adoption. No other state has ratified this potential amendment since 1792. Here’s the text of the proposed CAA:

“After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.”

The CAA lays out a mathematical formula for determining the number of seats in the House of Representatives. Initially, it would have required one representative for every 30,000 constituents, with that number eventually climbing to one representative for every 50,000 constituents.

But the amendment wasn’t added to the Constitution. Today, Congress controls the size of the House of Representatives. They had regularly increased the size of the House to account for population growth until 1911, when it fixed the number of voting House members at 435. Today, that’s about 761,000 Americans per House seat. Miles away from 50,000.

Delaware leads in the malapportionment with 990,000 people per representative, about 250,000 more than the average state. Rhode Island has the most democratic apportionment with 548,000 people per representative. Both are small, Blue states.

The small Red state Wyoming has 578k/representative. All of the big states are higher than the average: NY has 777k, and CA has 761k, while Florida has 770k and Texas has 768k.

This also impacts the distribution of Electoral College votes, which equal the apportionment of House seats. As a result, the Electoral College is also becoming less representative. David Leonhardt points out:

“Before 2000, only three candidates won the presidency while losing the popular vote (John Quincy Adams, Rutherford Hayes, and Benjamin Harrison), and each served only a single term.”

But two of the past four presidents (Trump and GW Bush in his first term) have become president despite losing the popular vote. Small states represent a fraction of the whole population of the country yet, absent something like the CAA, have an outsized representation in both the Senate and the Electoral College.

This was on purpose. But when the filibuster was added in the Senate’s rules, it changed everything. The filibuster has been part of the Senate in many forms, but in 1975, the Senate revised its cloture rule so that three-fifths of Senators (60 votes out of 100) could limit debate.

With the Senate roughly equally divided, each Party has about 50 votes it can count on, but it needs 60 to pass most legislation. This means that the small states have more power in the Senate than they had before.

Using the 2010 US Census as an example, the US population was 308.7 million. If the CAA was in effect, the number of representatives in the House would be more than 6,000. That’s surely unwieldy, but is there a number of House seats between 435 and 6000 that would be more representative?

Our form of proportional representation needs an overhaul. Some changes to consider:

  • Better proportional representation in the House (via the CAA?) to help make the Electoral College more representative than currently
  • A version of ranked choice voting for all state-wide races
  • Overturning Citizens United
  • Ending gerrymandering by using independent commissions to establish district lines

Since only a few hundred people currently control the democratic direction of our country, can these ever be addressed?

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Saturday Soother – September 17, 2022

The Daily Escape:

View from Schnebly Hill Road, Sedona, AZ – August 2022 photo by Cathy Franklin

As we discussed yesterday, DeSantis is one of many Republican politicians who are working overtime to convince MAGA-land that they are yuuge Christians. Here’s DeSantis in February, talking to students at the very Christian Hillsdale College:

“Put on the full armor of God. Stand firm against the left’s schemes. You will face flaming arrows, but if you have the shield of faith, you will overcome them, and in Florida we walk the line here. And I can tell you this, I have only begun to fight.”

The Tampa Bay Times takes issue with their governor: (emphasis by Wrongo)

“The biblical reference DeSantis is using is from Ephesians 6, and calls on Christians to spiritually arm themselves against the “devil’s schemes.” In DeSantis’ speeches, he has replaced the ”devil” with “the left” as he tries to mobilize supporters ahead of his reelection in November and possibly a run for the White House in 2024.”

It’s dangerous that Republicans on the ballot in November are openly saying that the only true Americans are Christians. They’re portraying the battle against their political opponents as between good and evil.

The Tampa Bay Times (TBT) says that it has some religious leaders worrying that such rhetoric could mobilize fringe groups who may be prone to violence. From the TBT: (emphasis by Wrongo)

“Christian nationalism for many Conservatives has become a political identity, and unlike Conservative politicians in the past who used their faith to inform their arguments, DeSantis is more aggressive, using war imagery to describe the political debates as a battle over who will be the better American.”

The TBT quotes Philip Gorski, a comparative-history sociologist at Yale University who co-wrote the book “The Flag and the Cross: White Nationalism and the Threat to American Democracy”:

“The full armor of God passage is a favorite amongst certain types of Pentecostals who really do see the world in terms of spiritual warfare,”

They also quote Allyson Shortle, a political science professor at the University of Oklahoma who has co-written the book “The Everyday Crusade: Christian Nationalism in American Politics”:

“I think DeSantis has really stood out as someone who has effectively used this type of God talk and used these types of Christian nationalist talking points to curry favor…”

For Republicans, talking about the importance of faith is nothing new, and debates about how visible Christianity should be in our society — whether it be prayer in schools or religious symbols outside American courthouses — have been ongoing for decades.

But there is something different emerging: A strain of Conservative thought that sees the country’s politics as an open battle between good and evil. TBT quotes Marilyn Mayo, senior research fellow at the Anti-Defamation League’s Center on Extremism:

“There’s always been candidates who espouse Christian values, but what I think is very different is you have many people on the right and the far right seeing the current situation in the US as a battle, an absolute battle, between good and evil….And the good are the mostly white, Christian conservatives. And on the other side are the liberals, progressives, left-wingers, and certainly the LGBTQ community…. They really see this as a battle and paint the other side as…an evil force that needs to be defeated.”

Shortle says that Christian nationalism is the belief that a “true” American should be Christian. Some Christian national extremists say that the US is no longer a Christian nation, that it’s been taken over by secular forces.

Over the summer, Florida social studies teachers were alarmed that a civics training session led by DeSantis’ administration had a “Christian nationalism philosophy that was baked into everything” that was taught.

The initiative emphasized that the Founding Fathers did not desire a strict separation of state and church. State trainers also told teachers that the 1962 US Supreme Court case that found school-sponsored prayer violated the establishment clause of the First Amendment was unjustly decided.

In July, DeSantis was endorsed by Moms for Liberty, a group that focuses on adding Christian nationals to school boards across America. It has more than 200 chapters and 95,000 members in 38 states. At the group’s first national summit, DeSantis said that he intended to “leave Florida to God and to our children better than I found it.”

And what is “better” is in the eye of the beholder.

On to our Saturday Soother. We had our first sub 50° night on Thursday. Soon the indoor plants will return to the sunroom.

Take a few moments of your Saturday and listen and watch “Bachianas Brasileiras No. 5” by Heitor Villa-Lobos. He wrote a series of nine suites between 1930 and 1945. Here the 5th is played by Hauser on cello and Petrit Çeku on guitar in 2017 at the Lisinski Concert Hall in Zagreb:

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