Constitutional Issues – Page 7

The Disconcerting Truth About the Big Lie, Part III

The Daily Escape:

Moon rise, Whitaker Point, Ozark National Forest, AR – 2021 photo by mattmacphersonphoto. This is the sixth time we’ve featured a Matt Macpherson photo.

Reader Ben van N. says:

“I fail to see why the election rules are different in every state. The country should have the same rules for voting (and make them all as simple and accessible as possible) no matter where you live. Having a variety of methods, rules and restrictions opens the door to what you have now.”

Ben doesn’t live in the US, but he has analyzed the problem correctly. Our federalist system makes it fiendishly difficult to have standard rules in America for policing, education, or elections. And we need to make all three of them better.

Regarding elections, Roosevelt University political scientist David Faris was interviewed by VOX:

“You have anti-democratic practices at the state level that produce minority Republican governments that pass anti-democratic laws that end up in front of courts that are appointed by a minoritarian president and approved by a minoritarian Senate that will then rule to uphold these anti-democratic practices at the state level.”

And there’s no clear path for Democrats to overturn these state-level voting laws through the courts. The Supreme Court has already said it’s not going to touch gerrymandering. And so, there’s nothing left except Congress using its constitutional authority under the elections clause to regulate elections. That will require ending the filibuster.

More from Faris: (brackets and emphasis by Wrongo)

“Take the scenario where Republicans don’t have to steal the 2024 election. They just use their built-in advantages [where]…Biden wins the popular vote by three points but still loses the Electoral College. Democrats [get more votes for]…the House…but lose the House. Democrats [get more votes for]…the Senate…but they lose the Senate.

That’s a situation where the citizens of the country fundamentally don’t have control of the agenda and they don’t have the ability to change the leadership. Those are two core features of democracy, and without them, you’re living in competitive authoritarianism.”

His scariest comment is that, after Republicans steal the 2024 election:

“People are going to wake up the next day and go to work, and take care of their kids, and live their lives, and democracy will be gone. There really won’t be very much that we can do about it. Or there’s the worst-case scenario where the election is stolen and then we’re sleepwalking into a potentially catastrophic breakup of the country.”

As Ben v N. says, there’s certainly an opportunity to do something about all this at the federal level, but time is slipping away. And Democratic Senators Joe Manchin and Krysten Sinema continue to vacillate somewhere between concern and hostility, to taking effective action. Action, such as ending the filibuster.

If both can’t be swayed from their current intransigence, the remaining options for our democracy look poor.

The media would have you believe that Biden and the Democrats in Washington are the ones overplaying their hand. Not true. Look at what’s happening at the state level:

In Ohio, Republican legislators are pushing to ban all vaccine requirements, not just for Covid. They would prevent Governor DeWine’s incentive program for Covid vaccinations, and ban even requesting that people get vaccinated.

In Texas, Republicans are about to legalize carrying handguns without a license. Without a permit, without training, or a background check of any kind. Under current state law, Texans must be licensed to carry handguns openly or concealed. Applicants must submit fingerprints, complete four to six hours of training, and pass a written exam and a shooting proficiency test. That’s too restrictive for the GOP.

In Florida, Republicans just enacted a law that makes it illegal for large technology companies (Facebook, Twitter, Amazon) to remove the posts by candidates for office during election campaigns. It also makes it easier for Florida’s Attorney General and individual citizens to sue those companies. The law is certainly unconstitutional. Curiously, this is an example of the new GOP declaring that it wants more government control over speech.

In Alabama, Republicans are regulating yoga, because it originated in the Hindu religion. Along the way, they plan to ban the use of Sanskrit words such as “Namaste.”

Saving the worst for last: Arizona. GOP legislators have not only launched a farcical “audit” of voting in Maricopa County, but then they stripped the State’s Secretary of state of her authority over elections after she criticized their audit fiasco. Arizona, of course, is only one of the many states where GOP legislatures are pushing new laws to make it harder to vote, while trying for increasingly partisan control of the election process.

Democrats have allowed themselves to be lulled to sleep because American democracy dodged a metaphorical bullet during the November to January Big Lie barrage.

We can’t relax, because next time, the bullets won’t be metaphorical.

The Disconcerting Truth About the Big Lie

The Daily Escape:

Sunset at Race Point Light, Provincetown, Cape Cod, MA – May 2021 photo by Kristen Wilkinson Photography

There’s a new Ipsos poll that asked the question: “Who do you think the true President is right now? Choose one”. (The choices were Joe Biden and Donald Trump).

Among all respondents, 75% said Biden, while 25% said Trump. So far, so good. Those saying that Trump is president broke down as Democrats 3%, Independents 22%, with 53% of Republicans answering that Trump is the actual President, not Biden. And that wasn’t all:

(The new Ipsos Poll is a national sample of 2,007 adults and was conducted between May 17th and 19^th. It has an overall margin of error of 2.5%. The margin of error for the groups is: Democrats 3.7, Republicans 4.1, and Independents 8.0).

The question about whether the election was legitimate, or the result of illegal voting or election rigging, showed that Republicans believe the Big Lie, with 56% saying the 2020 election was illegitimate.

It doesn’t matter what the motives of the 53% of Republicans who say they believe Trump is really the president are. Maybe they believe what they’re saying, or they say it because they feel group (cult?) pressure to say it. The effect is the same. They are poisoning our democratic system, and they’re proud to be doing it.

Republicans throughout the country are saying that they need to restrict the vote to restore faith in the electoral system for their voters. But let’s not kid ourselves. The only way their faith will be restored is if Republicans “win.”

Does anyone remember polls of Democrats saying that Gore was the real president after the 2000 election, not GW Bush? There was plenty of complaining that Bush won through a corrupt legal process, because that’s what happened. The idea that Bush wasn’t actually the president would have been considered delusional. From Paul Campos:

“But today…a majority of the people who identify as members of one of the nation’s two major political parties are saying something that’s actually quite a bit crazier — that Donald Trump, who unlike Al Gore doesn’t have any factual basis for believing the election was stolen from him, is the true president RIGHT NOW — and we just have to shrug because that’s just something a lot of Real Americans happen to believe, just like they believe their guns protect them from the Government…and that global warming is a liberal myth…”

Paul Krugman on our current political mess:

“What’s different this time is the acquiescence of Republican elites. The Big Lie about the election didn’t well up from the grass roots — it was promoted from above, initially by Trump himself, but what’s crucial is that almost no prominent Republican politicians have been willing to contradict his claims and many have rushed to back them up.”

America’s next election will require UN observers.

The GOP’s party leaders have largely sworn allegiance to Trump and his movement, and they continue to propound the Big Lie. At the state level, they are moving quickly to restrict voting rights in as many locations as possible. And to help tie their program together, they are blocking attempts to investigate the coup on Jan 6th.

It is obvious that the GOP’s leaders are playing to the Republican base – fifty-six percent of whom think the election was stolen, and a majority of whom support the idea that “force may be necessary to save the American way of life.”

All this leaves America walking a tightrope over the abyss of authoritarianism. Any misstep and we could lose our democracy.

This is made all the more dangerous, of course, by the false sense of security Democrats are feeling now that Biden is in power. The Greenberg Research poll in late April focused on voter intensity levels in the states and Congressional Districts that will likely decide who controls Congress after 2022. It found 68% of Republican voters report the highest level of interest in the midterms, compared to just 57% of Democrats.

So, the fear of a Republican return to power in the Congress in 2022 is real. And will the GOP’s enthusiasm be matched in 2022 by Democratic voters rushing to the polls to show their gratitude to the Party for bringing back the economy and getting the vaccines distributed? Maybe.

Democrats need to realize sooner rather than later that it’s going to be hand-to-hand political combat for the foreseeable future and plan accordingly. No matter how much money you gave in 2020, you will need to give more in 2022.

Otherwise, if the Republicans are successful at overthrowing American democracy, there won’t be a next time. That’s it, game over. For a very long time, possibly for good.

Monday Wake Up Call – April 26, 2021

The Daily Escape:

The Wonder Gardens, Bonita Springs, FL – April 2021 photo by Merrill Dodd

Alex Pareene in the New Republic writes about how Republicans have endorsed a terrorist tactic against protesters. He means new legislation in several states that shield drivers from civil liability if they injure or kill protesters. Florida is an example:

“Earlier this week, Florida Republicans enacted a law they claimed would prevent riots in the state. Its real purpose, of course, was to discourage protesting and punish demonstrators. One of the bill’s provisions has received a fair amount of national attention, as it seems to give Floridians permission to attack protesters with their cars.”

The law increases penalties for protesters who block roadways or deface public monuments. It creates a new crime, “mob intimidation.” That clause makes it illegal for a group of two or more people to use force or to threaten force. But what constitutes a threat of force? And the law requires that anyone arrested at a protest be denied bail until their first court appearance, making for overnight jail stays.

It also makes local city and town officials in Florida liable for lawsuits from injured parties if they are found to have not done enough to respond to control violent protests. And it reacts to the mythical “defund the police” movement by allowing an appeal to the governor of any decision by local officials to reduce law enforcement funding.

Pareene asks: (brackets by Wrongo)

“What problem does it [the new law] solve? As the Florida American Civil Liberties Union pointed out, very few recent protests in the state involved violence or even vandalism, and police and prosecutors were already well equipped…to handle whatever rioting might occur. If demonstrators blocking roads and snarling up traffic were a serious problem in Florida in need of a legislative remedy, surely thoughtful legislators could come up with a more effective or ethical response….”

Five states besides Florida have introduced similar bills this year, granting some form of immunity to people running into demonstrators. Iowa’s measure was passed by the state’s House and awaits Senate approval. Oklahoma Governor Kevin Stitt just signed another version into law in his state. Oklahoma’s shields attacking drivers from criminal but not civil liability.

Sunday Cartoon Blogging – April 4, 2021

The NYT has a great explainer about the new Georgia voting law. The Times summarizes:

“Go page by page through Georgia’s new voting law, and one takeaway stands above all others: The Republican legislature and governor have made a breathtaking assertion of partisan power in elections, making absentee voting harder and creating restrictions and complications in the wake of narrow losses to Democrats.”

Below are a few of the changes, with links to the appropriate section of the article.

On to cartoons. Baseball reacted by moving its All-Star game from Atlanta:

Georgia-headquarted Delta Airlines also wasn’t happy. They plan to help:

And it isn’t only Georgia:

The trial continues in Minneapolis:

Asian prejudice is about the people, not their products:

The Democrats’ Dilemma

The Daily Escape:

Bristlecone pine, Cedar Breaks National Monument – photo by Jessica Fridrich

Here’s the Democrats’ dilemma: They must pass legislation that protects voting rights and ballot access. Otherwise, they will allow the GOP to cheat its way to victory in 2022 and beyond, by subverting democracy to empower a minority, as they are doing in Georgia.

One aspect of Georgia’s new election law that nobody’s talking about is that the law replaces the elected secretary of state (currently Republican Brad Raffensperger) as the chair of the state election board with a new official appointed by the gerrymandered Georgia legislature.

It also allows Georgia’s election board to remove and replace any county election official it deems to be under-performing. That provision could be used to target Fulton County, a Democratic stronghold covering most of Atlanta, which came under fire after long lines plagued primary elections over the summer.

David Atkins says:

“The direct implications of the new law are alarming enough: conservatives with an interest in voter suppression could use their authority to disrupt election administration in majority-minority counties. The possibilities for mischief by a partisan legislature fearful of high turnout by opposed constituencies are endless.”

The Republicans sitting on bipartisan election boards were the reason that Biden is president. Next time, they will find reasons not to certify a close election. And as Jonathan Chait says: (brackets and emphasis by Wrongo)

“ [Republican] states that are rolling back democratic protections are not responding to demographic change nor to any change internal to their state. They are following the agenda of the national Republican Party. That agenda is spreading throughout the states, which are imposing voter restrictions almost everywhere their party has the power to do so. Restricting the franchise has become perhaps the party’s core policy objective.”

And the problem must be addressed immediately, since it will impact the 2022 and 2024 elections. Georgia’s Sen. Warnock must run again in 2022. His losing would put the remainder of Biden’s term in jeopardy.

That means that the Senate must pass some version of HR-1. Currently, the Democrats are taking an “all or nothing” approach to HR-1. That may be their opening shot, but some parts should be non-negotiable. Vox lists some important provisions: it establishes automatic voter registration for anyone interacting with designated government agencies; broadens access to mail-in voting for every eligible voter; and mandates that states accept ballots at drop boxes or polling places, and requires counting all ballots postmarked by Election Day.

Further, it establishes same-day online registration and nationwide early voting. It requires a paper trail for every vote cast. Critically, it ends partisan gerrymandering by directing states to use independent commissions in drawing Congressional maps. It also makes Election Day a national holiday.

Ezra Levin, co-founder of the Indivisible, says:

“The choice is the republic or the filibuster — there is no third option….We are at an inflection point in American history. Down one path is a Trump-inspired white plutocracy, and down the other is a representative democracy.”

But many believe some sections of the nearly 800-page bill may be unconstitutional. Rick Hasen of the Election Law Blog, writes:

“Some parts of it could well be found unconstitutional if it passed, such as a provision requiring states to re-enfranchise all people convicted of felonies who are not currently serving time in a correctional institution.”

The bill also contains controversial rules on campaign financing, including the creation of a public financing program for congressional candidates, new ethics rules for the Supreme Court, and a requirement that most candidates for president and vice president publicly disclose their tax returns.

None of those are key to the problem facing Democrats in states where Republicans control the legislatures. As written, HR-1 is unlikely to make it out of the Senate, so there are good reasons to tailor it both to survive judicial scrutiny, while also properly targeting the problems with voter registration, voting, and ballot counting.

That means whatever bill passes must have all 50 Democrats supporting it, and then, they must agree to end the filibuster to enact it. Therefore, the HR-1 wish list must be simplified and shortened. Democrats who object to ending the filibuster need to ask themselves if they genuinely want to facilitate Republicans in reclaiming Congress and the White House, in the name of preserving an arbitrary rule. The filibuster rule has been amended often in recent times: In 1974, 1975, 2013 and 2017. Time to do it again.

We can’t let perfect be the enemy of the good. Today, it seems more likely that HR-1 won’t become law before the 2022 mid-terms than that it will, absent ending the filibuster.

Democrats can’t be left looking back at yet another missed opportunity to protect voting.

We’re Riding on a Slow-Moving Train Wreck

The Daily Escape:

El Matador State Park, Malibu CA – 2021 photo by stephencovar

It’s commonly accepted knowledge that it’s hard to look away from a slow-motion train wreck. We should note that it’s even harder when you are riding on the train. And it’s harder still when some of the people riding along with you would be totally happy to see it wrecked.

Let’s start by revisiting CPAC and Trump. He attacked the Supreme Court for not overturning an American election, and his supporters cheered. We can’t let ourselves forget how wrong that was, and if unchecked, its implications for the future.

Second, the Catholic Archdiocese of New Orleans has decided that Catholics may take the Pfizer and Moderna coronavirus vaccines, but not the new Johnson & Johnson vaccine. They say the J&J shot is “morally compromised”, since it was developed using cloned cells derived from fetuses aborted nearly a half a century ago.

New York Magazine’s Ed Kilgore writes:

“It’s worth noting that another Catholic diocese not far away, in Tyler, Texas, has rejected all three vaccines as having been “produced immorally”….But….the Vatican itself is administering the Pfizer vaccine (with Pope Francis and his predecessor, Pope Benedict XVI, among its recipients).”

The faithful in New Orleans and Tyler, TX must decide whether they must be more Catholic than the Pope. Anybody else wonder how America can get the pandemic behind us when religious leaders won’t follow science?

Third, as Bill Kristol notes at the Bulwark, our democracy is in crisis. For the first time in our history, we failed to have a peaceful transfer of power, and Republicans want to ensure that fewer people can vote next time around. They’re supporting many new voting restrictions at the state level.

The Brennan Center has identified 253 bills to restrict voting rights in 43 states that would impose measures to make voting harder. They include reducing early voting, limiting the use of mail-in ballots, eliminating drop boxes, and imposing new voter ID requirements.

This is crucial to our democracy, since Democrats only control 15 states, none of which is a swing state like Arizona, Georgia, Michigan, North Carolina, Pennsylvania or Wisconsin. Republicans have compounded the Dem’s problems through aggressive gerrymandering in Michigan, North Carolina, and Wisconsin.

It’s difficult to understand how in a democracy, there is any discussion of restricting the right to vote. Unless we protect this right, we’re heading down a slippery slope. So to help avoid this slow-motion train wreck, Democrats need to get as many people registered as possible right now.

Finally, secession is on the map again, exactly where you might have expected it to be. Bright Line Watch, in a study released in February, showed that one-third of Republicans said they support secession. And it gets worse: Half of Republicans across the former Confederacy (plus Kentucky and Oklahoma) are now willing to form a newly independent country. Here is Bright Line Watch’s map of secessionist support by Trump approval ratings:

The Texas Republican Party recently supported a referendum on Texas seceding from the union. While secessionist rhetoric is couched in claims about fiscal responsibility and burdensome federal regulations, it doesn’t take much to see ethno-nationalism lurking behind it.

Secession in Texas is a combination of nativism, xenophobia, and white grievance. Texas secession Facebook pages are saturated with fantasies of forcing Democrats to leave the state and seizing their property. Just like the Confederates of the 1860s, this modern secessionist push is rooted in large part in maintaining white supremacy and authoritarian governance.

The increasing marriage of secessionist chatter and GOP ideology should be cause for concern since it is widespread throughout the heartland of America. Of course, state-level secession is illegal in the US. Even Justice Scalia said:

“If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede.”

America has argued about secession since the days of John C. Calhoun, who worked to protect the south’s commitment to slavery from the 1820s until his death in 1850. Trump’s efforts to overturn an election in which Black voters did so much to defeat him in the south, recalls Calhoun’s efforts to deny them citizenship and the franchise almost two centuries ago.

We’re living in a moment when we will see whether American democracy survives these attacks on it by Republicans.

The ability to vote is central to our Democracy. It is at the core of our belief system and without it, all else is meaningless.

Monday Wake Up Call – Extremists in the Military Edition, February 22, 2021

The Daily Escape:

Lake Willoughby VT – February 2021 photo by John Rowe Photography

For decades, domestic extremists have flaunted their ties to the US military, seeking to attach themselves both to the military’s credibility, and their tactical skills.

The January attack on the US Capitol showed us that the ties between US military members and the extreme right are deeper and more pervasive than we thought. Among the Capitol crowd were many military emblems: Some waved Marine Corps flags, many wore military gear, or specific unit patches signifying their time in service.

The AP found that at least 21 active-duty US Army and law enforcement personnel were present at the riot. We know that about 207 people have been arrested so far. The Military Times reported that 32 of the participants in the US Capitol coup had previously served in the military. If you want to get a current reading on the attitudes of the military to the Capitol coup, read the 640 comments on the article. It’s chilling.

How big is the problem? Last year, the FBI told the Pentagon that it had opened criminal investigations that involved 143 current or former service members. Sixty-eight of those involved domestic extremism and the vast majority involved veterans, not active-duty troops. Importantly, the Defense Department has no central database for tracking the allegations or disciplinary actions related to extremism.

Also, military regulations allow service members to have extremist affiliations and use extremist rhetoric if a service member doesn’t act upon them. In fact, the Pentagon reported in 2020 that only 21 service members had been disciplined or discharged over the previous five years for extremist activities. It’s doubtful that reflects the true scope of the problem.

According to a Pentagon report delivered to Congress last October:

“Despite a low number of cases in absolute terms, individuals with extremist affiliations and military experience are a concern to US national security because of their proven ability to execute high-impact events….Access to service members with combat training and technical weapons expertise can also increase both the probability of success and the potency of planned violent attacks.”

Military leaders say tackling the problem is difficult because the Constitution protects freedom of speech, and the law prohibits criminalizing affiliations that are deemed fundamentally political in nature, rather than a threat to harm the public. New defense secretary, Gen. Lloyd Austin, vowed at his confirmation hearing in January to:

“…rid our ranks of racists and extremists, and to create a climate where everyone fit and willing has the opportunity to serve this country with dignity.”

And Pentagon spokesman John Kirby told reporters on Feb. 3:

“Extremism has risen to a top priority as the new secretary called in the service secretaries and Joint Chiefs of Staff…directing them to conduct a 60-day stand-down for leaders to speak with troops about the problem….”

Monitoring the potential extremist activities of 1.3 million active-duty service members is challenging. It’s difficult to distinguish between the casual gestures of some troops and the real warning signs of potentially illegal extremist activity by others.

Another concern is that 35 US Capitol Police officers are being investigated for their actions during the Capitol riot, and six have been suspended. In addition, the NYT reports that at least 30 police from around the country took part in the rally before the Capitol riot. Many are being investigated, and three have been arrested on federal charges related to breaching the Capitol.

The military appears to be less politically representative of society, with a long-term downward trend in the number of officers identifying as Democrats. Instead, identification with the Republican Party has become the norm. The junior officer corps, apart from its female and minority members, appears to be overwhelmingly hard-right Republican. And military personnel have for the past decade been voting in greater percentages than the general population.

In many ways, the military and civilian police seem to have, as Samuel Huntington wrote in 1957, “the outlook of an estranged minority.”

Time to wake up America! We can’t bury our heads in the sand, hoping that the linkage between the military, our police, and groups like QAnon and the fringe of the GOP won’t grow stronger. We need to call out the problem whenever and wherever we see it.

To help you wake up, listen to the group Kiwi Jr.’s “Maid Marian’s Toast” from their brand-new album “Cooler Returns”:

Sample Lyric:

now you’ve got something we want

it’s the Twenties and you’ve got something we want

so you’ve made the decision to make the decision

now spare us all from these half-assed revisions

you’ve got something we’ve always wanted

Monday Wake Up Call – February 15, 2021

The Daily Escape:

Nauset Light, Cape Cod, MA – February 2021 photo by Michael Blanchette photography

The impeachment trial is behind us, but the Big Lie of the 2020 election, that there was massive voting fraud, remains with us. That Lie is propelling Republicans in many states to try to minimize, or end entirely, mail-in voting.

Republicans have reason to worry. Mail-in voting alone constituted nearly half the votes cast in the 2020 election, a significant increase from previous years. This chart from 538 shows the remarkable decline in same-day voting in America:

Traditional same day, in-person voting has dropped from more than 90% of ballots cast in the 1990s to 60% in 2016, to just 28% in 2020. Early in-person and vote-by-mail now accounts for 71% of total voting.

Overall, despite the Big Lie, early and by mail voting was a remarkable success. It was less prone to errors than expected, and had almost zero documented fraud. As expected, 538 reports that absentee votes broke blue, Election Day votes, red. They only have data for 15 of the 50 states, but it is consistent:

“Biden won the absentee vote in 14 out of the 15 states (all but Texas), and Trump won the Election Day vote in 14 out of the 15 as well (all but Connecticut).”

Trump used this historic change in voting patterns to claim that Democrats used mail ballots to steal the election. Now, in a backlash to the historic trends in voter turnout, Republicans are again looking to make it more difficult to vote.

A new report by the Brennan Center for Justice shows that legislators in 33 states have introduced 165 bills to restrict voting rights. The proposals primarily seek to: a) limit mail voting access; b) impose stricter voter ID requirements; c) slash voter registration opportunities; and d) enable more aggressive voter roll purges.

Many of these bills parrot the same lies Trump used to claim the election was stolen. And they’re sponsored by the same state officials who backed Trump’s efforts to reverse the results of the election.

Remember how narrow the Biden win was: he won three states by a combined margin of 43,560 votes: Arizona (10,457 votes), Georgia (12,636 votes), and Wisconsin (20,467 votes). These three states have 37 electoral votes, and had Trump won all three, the Electoral College would have been tied, 269 to 269. Then the House would have determined the winner, with each state delegation getting one vote. Since the Republicans hold a majority of state delegations, Trump would have won a second term.

It was worse. The WaPo reports that

“Republicans came, at most, 43,000 votes from winning each of the three levers of power.”

Just 32,000 votes would have flipped control of the House to Republicans, while 14,000 votes would have kept control of the Senate in Republican hands. The Republicans have a built-in structural advantage in all three political levers of power: In the House it’s gerrymandering; in the Senate it’s the population imbalance favoring rural states; and in the White House, it’s the Electoral College.

So, beating back voting restrictions has to be a top priority.

Republicans have been restricting voting for years. We were lucky that state and local election officials acted in the best interests of the people and the country. That may not happen next time, so these anti-democratic pieces of legislation must be highlighted publicly and fought tooth-and-nail.

Think for a minute about last week’s impeachment trial: 34 GOP senators representing just 14.5% of the US population can block the conviction of an impeached president. Said another way, the 57 senators who voted to convict Trump represent 76.7 million more Americans than the 43 senators who voted to acquit him.

We should also remember that every state sets its own rules when it comes to voting and counting the votes. And we’ll soon see the impact of Republican gerrymandering, once the 2020 census is complete. The long-term solution is a Constitutional amendment that finally establishes that all citizens have the right to vote, and describes the approved methods of voting.

Time to wake up America! Voting reform must be a top priority just behind beating the Coronavirus and getting kids back in school. To help you wake up, listen to John Fogerty perform his newest, “Weeping In The Promised Land“, released this January:

Partial Lyrics:

Forked-tongued pharaoh, behold he comes to speak

Weeping in the Promised Land

Hissing and spewing, it’s power that he seeks

Weeping in the Promised Land

With dread in their eyes, all the nurses are crying

So much sorrow, so much dying

Pharaoh keep a-preaching but he never had a plan

Weeping in the Promised Land

This is another very powerful video, a must-watch.

Myanmar Coup Parallels Trump’s Coup

The Daily Escape:

Last light on Mt. St. John, MT – 2021 photo by vincentledvina

Tuesday was the deadline for Trump’s brand-new legal team to present their briefs to the Senate for the impeachment trial that is due to start next Monday. The House impeachment managers have delivered their trial brief to the Senate.

And Trump’s lawyers filed their answer, arguing his incitement was protected by the First Amendment, that the House moved too quickly to impeach, and although he was impeached while still President, the Senate can’t constitutionally try him now that he’s out of office.

As we head into next week’s impeachment circus, there are parallels between the attempted Trump coup in DC and the military coup that just took place in Myanmar. First, an update: Troops there are patrolling the streets and a night-time curfew is in force. A one-year state of emergency was declared with Senior General Min Aung Hlaing in control. Nobel Laureate Aung San Suu Kyi, the civilian leader of the government, along with several other leaders of her National League for Democracy party (NLD) were arrested in a series of raids. Later, the military announced that 24 ministers and deputies had been removed, and 11 replacements had been named, including in finance, health, and the interior and foreign affairs.

It’s unclear what will happen next.

But, check out the similarities between what has happened there, compared to what happened here three weeks ago in Washington:

The military coup follows weeks of tensions between the armed forces and the government following parliamentary elections lost by the army-backed opposition party.
The opposition had demanded a re-run of the election, raising allegations of widespread fraud that were not confirmed by Myanmar’s electoral commission.
The coup occurred on the week that the first session of Parliament since the election was due to start. That session would have certified the election result by seating the next government.

What differentiates Myanmar from the Jan. 6 coup in America is that in Myanmar, there was an “army-backed opposition.” When the opposition lost the election, the military claimed fraud, demanded a do-over, and then intervened before the new Parliament could legitimize the results.

Apparently in Myanmar, there has been an ongoing power struggle between the head of the military and Aung San Suu Kyi. The two have rarely met since 2015, often only at public events. Suu Kyi’s party wasn’t simply a victim in this coup. Last November, her government barred huge numbers of Myanmar’s ethnic minorities, who typically support their own political parties, from participating in national elections. Her party then won in a landslide.

And last year, Suu Kyi attempted to push through constitutional amendments that would have gradually shrunk the military’s share of Parliament from 25% to 5%. It failed, but this may have been what turned the military against her.

One lesson to take from Myanmar as we head into next week’s impeachment trial is that Trump’s coup may have failed because he didn’t have the support of the US military.

All of our institutions matter, they need to be strong. While they can be bureaucratic, inefficient, and boring, they always matter. Trump tried to use the courts to overturn the election, and failed. He tried to use the state-level electoral vote certification process to overturn the election, and failed. He tried to use his base to invade the US Capitol to block the certification of the Electoral College Vote on Jan. 6, and it failed.

Trump couldn’t use the US military to overturn the election despite a significant number of military supporting him, and believing that the election was rigged. That’s because the US military has never been a political tool, and it wasn’t going to change that by being a tool for Trump.

America isn’t Myanmar. In many less developed countries the military has an important political role. We’re in an entirely different situation, at least for the present, and hopefully, forever.

The fight for American democracy cannot be left to election officials, judges, or corporations like Twitter. It must first be fought by the Republican Party, many of whom still say the presidential election was a fraud, and who still refuse to acknowledge Biden as president. They have to reject their Sedition Caucus. Then Democrats and Republicans together can reset the terms of the political battle in America.

Democracy is a contest of ideas; it isn’t simply a propaganda war. It must start from a shared reality, one that Trump and his followers fail to see.

Trump’s Subversive Ploy

The Daily Escape:

Sunrise, Mauna Kea, HI – 2020 photo by laramarie27

When the joint session of Congress begins on Wednesday at 1 pm, all eyes will be on VP Mike Pence. He has a ceremonial role with just three duties: Open the states’ envelopes, hand them to tellers to count, and announce the winners.

Article 2 of the Constitution dictates that the president of the Senate, (Mike Pence) shall open the envelopes that contain the electors’ votes and the certifications from every state. Then it says that the votes shall be counted, but it doesn’t specify how. So Congress remedied that with:
The Electoral Count Act of 1887 along with subsequent statutes are designed to minimize the role of Congress in election disputes, giving that responsibility clearly to the states. The Act specifies the procedures states should follow to resolve disputes, how they should certify the results, and the fact that each state’s governor should send those certified results to Congress.

If those procedures are followed, then those certified electoral votes will be counted. But in Trumpland, things are always different.

At the joint session, as Pence opens each state’s envelope (in alphabetical order), he hands it to four tellers— two chosen by the Senate, two by the House— who then count the electoral votes inside and keep a running tally. The objections in writing to a particular state’s electoral votes by a member of the House and a member of the Senate must happen prior to beginning the counting process for the next state.

Sen Ted Cruz (R-TX) announced that he’s going to object to Arizona’s votes. Arizona is third in alphabetical order, but no Republican will object to the votes from Alabama or Alaska since Trump won both states. Expect a few Republican House back-benchers to join Cruz.

There will likely be objections to the votes from Arizona, Georgia, and Pennsylvania, and maybe more. The Representatives and Senators will then retreat to their respective Houses, debate the objection for up to two hours, then vote on it. And this will happen for each state that Trump is trying to overturn the electoral vote results.

At the conclusion of this kabuki play, we will get a definitive count of Republicans who are happy to undermine democracy on the basis of lies, conspiracy theories, and grifting. This should be the easiest vote of their careers: simply doing their Constitutional duty. But, as Michael Gerson says:

“They not only help a liar; they become liars. They not only empower conspiracy theories; they join a conspiracy against American democracy. They not only excuse institutional arson; they set fire to the Constitution and dance around the flame…..they are no longer just allies of a subversive; they become instruments of subversion.”

Settle in for at least a day (possibly two) of tediousness.

If there were no objections, then after the tellers counted all the electoral votes, they would hand the results to Pence, who would then be required to announce the names of the winning president and vice president. In this case, Joe Biden and Kamala Harris.

But on Wednesday January 6, 2021, roughly half of all the elected Republicans in the federal government will vote to overthrow America’s democratic system. Republicans have not only decided Democratic victories are illegitimate, this is now their playbook for prosecuting their case.

They have been getting progressively and more conspiratorial and transparently undemocratic. Their behavior in these final days of the 2020 election cycle shows that there is no limit to how far they can go. So they will go farther. They always do.

They’ve decided it’s to their advantage to blow up our democratic system and assert that no election is valid unless they win it. That’s where we are today. Sadly, it’s also likely where we’ll be in Georgia Tuesday night after the polls close, and before the final tallies are in.

Objections have happened before. It’s not a big deal, but it becomes a big deal when one Party turns the vote certification process into enough of a circus that people believe the election was stolen.

Unfortunately, that ship has sailed.

The Wrongologist

Geopolitics, Power and Political Economy

Category: Constitutional Issues

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