History – Page 6 – The Wrongologist

Citizen Genêt

The Daily Escape:

Sunrise, after 10 inches of snow, Haywood County, NC – 2023 photo by Todd Roy

Over the holidays, Wrongo read “Dr. Benjamin Rush: The Founding Father Who Healed a Wounded Nation” by Harlow Giles Unger. Rush was a signer of the Declaration of Independence. And he was a social reformer almost before America had a unified society.

Rush treated both the poor and Blacks, even while struggling to attract paying patients. He was the first American physician to treat mental illness as a disease rather than as criminal behavior. And he served as surgeon-general of the Continental Army’s so-called Middle Department that included Pennsylvania. So he got to see Washington’s army at Valley Forge in the worst of times.

Today, let’s focus on an important moment in American history that occupies only a few pages of Unger’s book. You may have heard of Edmond-Charles (Citizen) Genêt. He became France’s ambassador to the US during George Washington’s second term.

On February 1, 1793, the French Revolutionary government ordered the execution of King Louis XVI and then declared war on Britain. Britain responded by blockading French ports and seizing American and other country’s ships heading for those ports. Britain also impressed hundreds of American seamen, forcing them to work on British ships.

France responded by blockading British ports and seizing American ships trying to deliver goods to those ports.

Americans were immediately divided into two camps, those who were outraged by the British impressing our seamen, and those who were angry at the French for killing a King who had helped us overthrow the British a dozen years earlier. Half sided with their ancestral motherland, while the other half demanded that the US support France.

Washington was among the few who espoused neutrality.

Americans increasingly defined their domestic politics either by their solidarity with the French Revolution or their aversion to it. The French Revolution served to both consolidate the two parties in American politics and deepen the ideological gulf between them.

On April 8, 1793, France’s new ambassador, Edmond-Charles Genêt arrived in Charleston with two sets of instructions: Publicly, he was offering a new treaty that would amalgamate the commercial and political interests of both nations into a “mutual nationalization of French and American citizens” (pg. 133 of Unger’s book), a kind of national alliance that would separate the US from England.

Unger says that Genêt’s secret instructions were to foment revolution and bring the US under the political control of France.

Genêt, aided by newspapers in Boston, New York, Philadelphia, and other cities, whipped up Francophilia among average people. Genêt said Washington was pro-British. He organized a fleet of privateers to prey on Anglo-American commerce.

Anti-federalist governors in the south saw Genêt as a means to weaken presidential power and restore the supremacy of the individual states over the national government, so they aided him. Genet soon had a fleet of 80 vessels patrolling American waters.

In the summer of 1793, Genêt wrote to the French foreign minister:

“I have prepared the revolution of New Orleans and Canada…I have destroyed the maritime commerce of the English in these waters” (pg. 134)

He then made his way towards Philadelphia to present his credentials to Washington, gathering support from Americans along the way. Unger writes:

“…when he arrived at the outskirts of Philadelphia…500 coaches filled with ardent Francophiles waited to escort him into the city…”

Vice President John Adams described:

“…the terrorism excited by Genêt…when 10,000 people in the streets…threatened to drag Washington out of his house and effect a revolution in the government…”

Washington made plans to send his wife Martha and grandchildren to Mount Vernon and demanded that France recall Genêt. But Genêt left Philadelphia on the French flagship for New York, where more than 5,000 French sailors and marines joined welcoming NY crowds. This immediately led to violence, with Tory families fleeing the city. Genêt then went ashore to mobilize the cheering Americans, who chanted (pg. 137):

“Down with Washington…”

On August 15, 1793, Genêt was preparing to raise the French flag over New York and proclaim that the US and Canada were French. But, no one marched in the streets supporting him, because yellow fever had struck Philadelphia, New York, and Boston. Most people became afraid to leave home for fear of dying from the disease.

In a way, the yellow fever epidemic of 1793 “saved” America from a second revolution. The army had been largely mustered out, so there was little that stood in the way of Genêt’s ambitions. In the summer through the fall of 1793, 5,000 people (10% of the population) died of yellow fever in Philadelphia, and 730 died in New York. As a result, support for Genêt crumbled.

The yellow fever epidemic continued through November, when cold weather killed off the mosquitoes. Genêt’s crew then mutinied, sailing back to France without him.

The French sent a new ambassador who arrived in December with a warrant for Genêt’s arrest and execution. But Washington wouldn’t comply. Although the French were upset, Washington allowed Genêt to stay in America, where he became an American citizen. He married Cornelia Clinton, the daughter of NY Governor George Clinton and settled on his own farm in Jamaica, Long Island.

A significant proportion of Americans have always been receptive to a charismatic leader with bad intentions, like Genêt. In early American history, just as now, people responded to crisis not by uniting, but by doubling down on factionalism.

These things are still true today. Think about the factionalism surrounding Covid that killed many that shouldn’t have died. While, back then, perhaps the Republic was saved by an epidemic.

Think about the mob who tried to overthrow our elected government on Jan. 6. Their Genêt still lives with us.

Saturday Soother – January 14, 2023

The Daily Escape:

A view from Shenandoah NP near Keezletown, VA – January 1, 2023 photo by One Man’s Outdoor Journey

Wrongo and Ms. Right live far enough out in the country that we have no city water, sewer, or gas lines. But the cooktop in our recently remodeled kitchen runs on propane while our ovens are electric. We have a well and septic. Our hot water is made by propane as well.

So what are we supposed to make of this week’s controversy over the Biden administration’s Consumer Product Safety Commission (CPSC) possibly banning future sales of natural gas stoves and cooktops? The reason for this is that burning gas stoves put their partially burned fuel, including nitrogen dioxide (NO²) in the air, which causes asthma. And older stoves with pilot lights instead of electric igniters also push NO²into the air.

On Monday, Bloomberg reported that the CPSC was considering new regulations around gas stoves, given growing concerns over indoor pollutants. Commissioner Richard Trumka Jr. said:

“Any option is on the table….Products that can’t be made safe can be banned.”

The proposal by the CPSC followed a December study by scientists finding that gas ranges that burn natural gas account for almost 13% of childhood-asthma cases in the US. Advocates have long argued against gas stoves, saying the pollution they emit makes them inferior to other options, such as electric or induction ranges. But the asthma statistic breathed new life into the debate.

OK, Wrongo knows the difference between propane and natural gas, but when he first heard about the debate, it was unclear whether his gas of choice was also a health problem and had to die.

Bloomberg neglected to say that any CPSC regulations, like other proposed state and local-level bans of gas stoves, only applies to new construction. But that didn’t keep Republicans from evoking visions of a 2023 filled with government agents busting down doors and ripping out stoves. That tentative regulation conversation about how to best mitigate the health hazards of gas stoves morphed into a Right Wing campaign to convince Real Americans that the Government is coming for their gas stoves:

Rep. Ronny Jackson, (R-TX) tweeted:

“If the maniacs in the White House come for my stove, they can pry it from my cold dead hands,”

From Sen. Tom Cotton,(R-AK):

“Democrats are coming for your kitchen appliances,”

From Rep. Byron Donalds, (R-FL):

“Get your hands off our gas stoves!!!!”

From Rep. Jim Jordan,(R-OH):

“God. Guns. Gas stoves.”

God, Guns, and Gas stoves! All because one appointee in the administration discussed it. But this controversy isn’t about facts; like always, it’s about feelings. Over 30 years ago, the Clean Energy Act was easily renewed on a bipartisan basis. Since then, the environment has become part of the culture wars.

The reflex to position gas stoves as the last redoubt of traditional American life threatened by big government, is just stereotypical of the American Right wing. It’s difficult to see the fight about gas stoves as something that will move the needle since gas is far more common in cities and blue states. So, let the Republicans keep on cooking up the outrage du jour. It’s doubtful that the voters will be eating it up.

Remember their past freak-outs, like when former Rep. Michele Bachmann tried to build a political career around preserving incandescent light bulbs? Another useless freak-out.

In retrospect, it’s honestly shocking we were able in 1975 to ban leaded gasoline in America, although there were lots of dissenters at the time. And now, since we’ve gotten all their guns, it only makes sense that Democrats go after their gas stoves.

Let’s leave these partisan debates in the kitchen where they belong and embrace our Saturday Soother, that special time when we stop thinking about Biden’s secret document stash, or why Jim Jordan dresses like a gym teacher, and spend a few minutes contemplating nearly nothing.

Start by brewing up a big mug of Wilton Benitez Orange Bourbon ($19.00/8 oz.) from Wisconsin’s JBC Coffee Roasters. Apparently the coffee cherries for this variant turn orange when they ripen rather than the typical red and tend to be even more fruity than their red counterparts. The roaster says it is super creamy with flavors of candied ginger, pineapple, and cream soda.

Now grab a seat by a south-facing window to watch and listen to “Fandango” from the Guitar Quintet in D-major, G.448 by Boccherini, performed live in 2015 at the Schubertiade in Hohenems, Austria. Boccherini was an Italian composer and cellist who died in 1805. A fandango is a Spanish dance:

Could A Discharge Petition Force The House To Vote On A Debt Ceiling?

The Daily Escape:

Cold morning on the Snake River, Grand Teton NP, WY – January 2023 photo by Laura Phelps Sundria

We haven’t written about discharge petitions in a few years. But with the likely control of much of the House’s agenda by the Freedom Caucus, they may become important. From the WSJ:

“Democrats and some centrist Republicans are in early, informal conversations about dusting off a rarely used parliamentary procedure that could force a vote to raise the nation’s borrowing limit, ahead of a showdown in coming months over government spending. The process, known as a discharge petition, requires 218 signatures, regardless of party—a majority of the House—to dislodge a bill from committee and move it to the floor.”

The tactic is seen as a way to potentially circumvent efforts by House GOP leadership and the Freedom Caucus to block a debt-ceiling increase. Congress must raise the debt ceiling to allow the Treasury Department to issue more debt to pay for existing US government financial obligations. At stake is the government’s creditworthiness, which also undergirds much of both the American and global financial system.

A default or even the expectation of a default on the US debt, could trigger a lowering of the US credit rating, raising our government’s borrowing costs for years. It could also bring financial panic or tip the economy into a recession. More from the WSJ:

“…McCarthy reiterated Tuesday he wants to use the debt ceiling as leverage to cut spending. ‘This is our moment to change the behavior to make sure, that hardworking taxpayer, that we’re not wasting their money,’ he said on Fox News.”

Playing politics with the debt limit is stupid. Hold that thought and read this from Ryan Grim at the Intercept: (brackets and emphasis by Wrongo)

“When the House Republicans enacted new rules for the 118th Congress on Monday [they included a rule] that preserves the traditional right of rank-and-file members of Congress to bypass House leadership and put legislation on the floor directly if they obtain the signatures of a majority of the chamber. This opens a handful of legislative opportunities for Democrats, despite Republican ideological cohesion.”

He means a discharge petition. Normally, the House Majority Leader sets the floor schedule, in collaboration with the House Rules Committee, but a discharge petition can automatically pull a bill from committee and move it to the floor. Since Democrats currently hold 212 seats in the 118th Congress (one is vacant), if they can find six Republican votes, they could bring a bill to the floor. For most of the Democrats’ agenda, six opposition votes might be a high hill to climb.

But a discharge petition to raise the debt ceiling is one tool that could work. It would give any like-minded Republicans a route around their own leadership and could be the way the House votes to avert a financial crisis (assuming Democrats could find six Republicans who are unwilling to risk a US government debt default).

That may be possible since there are 18 House Republicans who were elected last fall in districts Biden won in 2020.

If a discharge petition is to be used as a workaround for the looming debt crisis, Democrats would have to move fairly quickly. The rules to bring a bill to the floor of the House require that first, the bill would have to be introduced and referred to committee, according to House rules and precedents. Then 30 legislative days have to pass. A legislative day is one in which the House is in session and then adjourns.

If 218 signatures are collected, an additional seven legislative days need to pass, at which point a motion to discharge the bill would come to the floor on either the second or fourth Monday of the month.

Any motion to discharge filed in February or March ought to be ready for a floor vote by summer. Although the Treasury Department hasn’t given an exact date when default will occur, the expectation is that it will occur in the summer.

Discharge petitions have been successful in the past. It has played a role in shaking loose some historic pieces of legislation, including the Civil Rights Act of 1964 and Equal Rights Amendment in 1970. More recently, a successful petition in 2015 reauthorized the Export-Import Bank, which the Republican House majority adamantly opposed.

We’ll see if McCarthy will stand up to his cobbled together majority and bring a clean debt limit bill to the floor. If not, we’ll see if there are at least six Republicans in the House who have backbones and love their country.

Saturday Soother – January 7, 2023

The Daily Escape:

Snow covered kayaks, Lake Sunapee, NH – January 2023 photo by Juergen Roth Photography

Yesterday was two years since the January 6 attack on the US Capitol. And now, some of the same people are holding the House of Representatives hostage like they tried to do in 2021. From the WaPo:

“All but two of the 20 Republican House members who voted against Kevin McCarthy for speaker in Tuesday’s third ballot round are election deniers who embraced former president Donald Trump’s false claims that the 2020 election was rigged…..14 are returning members who voted against certification of the electoral college count on Jan. 6, 2021.”

Then there’s North Carolina GOP Rep. Ralph Norman who urged Trump to declare “Marshall Law,” (sic) just days before the 2021 inauguration. Look at what Norman is saying now:

This should be your primary concern in the power play between the far right Republicans (McCarthy) and the farther right bat-shit Republicans, including Rep. Norman. As Paul Krugman says in the NYT:

“…even with a speaker in place, how likely is it that the people we’ve been watching the past few days will agree to raise the debt ceiling, even if failing to do so creates a huge financial crisis?”

Friday saw the first major breakthrough in the deadlocked voting when on the 12^th ballot, a group of previous Republican holdouts flipped their votes to support McCarthy, but it wasn’t enough for him to clinch the gavel. Then on the 13th ballot, McCarthy picked up another vote bringing his total to 214.

From Axios:

“House GOP Leader Kevin McCarthy is on the brink of clinching the speakership after a group of 15 previous Republican holdouts flipped their votes to support the California lawmaker on Friday, marking the first major breakthrough in negotiations this week.”

McCarthy fell only three votes short of the threshold needed since there were lawmaker absences. That’s 14 new votes for McCarthy, with a maximum of 218 needed to gain the speakership. This is the current state of play, with more ballots to come late on Friday night.

You should note that McCarthy got Ralph Norman’s vote on Friday, after Norman said on Thursday that he would only switch if McCarthy was willing to shut the government down. So, is that what’s in store for us? As JVL says:

“The sad truth is that McCarthy may be about to become the weakest speaker in history. This fight over the speaker’s gavel is exactly what every important vote in the House over the next two years is going to look like: The speaker’s fight is the debt ceiling fight is the budget fight is the Ukraine aid fight.”

Think about the Republican Speakers of the House since Newt Gingrich 30 years ago. Gingrich’s Contract for America has morphed into MAGA fratricide in a decade. It’s been a bit like watching the British royals fracture because Megan and Harry wouldn’t toe the line inside the family.

Recall that the Republicans do not have a lot of experience with House speakers. Before Newt, Joe Martin of MA served two terms (1947-1949; 1953-1955). And since Newt there have been two:

John Boehner (2013-2015)
Paul Ryan (2015-2019)

Boehner was a mediocrity, but he was a professional legislator. Ryan was speaker during much of Trump’s first term. He’s noted for rewriting the tax code, which helped contribute to our ballooning deficits. McCarthy is inferior to either of these previous GOP speakers, who in their own ways were clear failures.

The Republican Party harbors some very dangerous extremists in their ranks, and McCarthy’s pandering to them is a dangerous game, not only for Democrats, but for all Americans. They don’t want policy; they only want airtime.

From Michelle Goldberg:

“…The movement these characters are part of…isn’t simply ideological. It’s also a set of defiant, paranoid, anti-system attitudes, and a version of politics that prioritizes showboating over legislating. That’s why McCarthy has found himself unable to negotiate with the holdouts.”

It’s looking like McCarthy will manage to eke out the speakership. More from Goldberg:

“It is not possible, however, that he’ll emerge, in any real sense, as a leader. His best-case scenario is that he’d be a fragile figurehead, a hostage…constantly in danger of defenestration.”

We all should know that these self-aggrandizing jokers won’t hesitate for a moment to crash the economy and/or shut down the government just so they can crow about it on Steve Bannon’s podcast.

If they will do this to their own Party, imagine what they will do to the rest of us.

It’s time to take our first break of the New Year from the “All Kevin, all the time” barrage and get to our Saturday Soother. It’s cold and rainy in Connecticut, and so it’s indoor activities this weekend, like maybe taking down some ornaments. Or maybe napping.

To help you get calmer about what a GOP majority in the House might do, grab a chair by a big window and watch and listen to “Capricho Arabe” written in 1888 by Spanish guitarist Francisco Tárrega. He was staying in Valencia, where Muslim, Castilian, and Christian cultures mixed, and you can hear all of those influences in this piece.

Here, British guitarist Alexandra Whittingham plays it in 2017 at the Church of St Pierre in Martignac, France:

Reform the Supreme Court, Part II

The Daily Escape:

Winter at Bryce Canyon NP, UT – January 2023 photo by Michael Andrew Just

The Supreme Court (SCOTUS) has a legitimacy crisis. Put simply, many people no longer think the Supreme Court can be trusted to uphold Constitutional rights or follow judicial norms. This is the result of the Conservative supermajority, driven by its partisan agenda that is increasingly hostile to precedent and separation of powers.

The Conservative supermajority threatens that it will not observe Constitutional guardrails. As an example, our democracy depends on citizens having a meaningful right to vote. Right now, that’s in jeopardy because the Court has upheld voter suppression laws and has provided for partisan gerrymandering to continue.

Also, the Conservative supermajority has taken away a woman’s control over her body. It has also taken direct aim at the tradition of separation of church and state.

SCOTUS ignores its own internal check of stare decisis by writing sweeping decisions seemingly intended to foreshadow future decisions that could further endanger American liberty as we know it.

So, it’s time to reform the Court by building better checks and balances. The power to make these changes sits primarily with Congress. So if reform is to happen, reformers are going to have to control both Houses of Congress.

Let’s talk about some of the options for reform.

I. Expanding the Court

This means increasing the number of justices. The number of justices isn’t set by the Constitution, so Congress can change it at any time, and has done so seven times. The first Supreme Court had only six justices.

Given that Congress can and has altered the size of the Court, it could do that again. One idea is to add two justices in every presidential term. Alicia Bannon of the Brennan Center for Justice wrote an analysis looking at this idea. Basically, it would mean every president gets to appoint two justices, regardless of how many justices wind up serving on the court.

One potential issue is that SCOTUS could regularly have an even number of justices, which isn’t unprecedented, but it makes the possibility of split decisions more likely. There’s also the possibility that it could make presidential elections even more of a proxy vote for Supreme Court justices.

The challenges are that this change would require 60 votes in the Senate to overcome a filibuster. And since Republicans control the House, it’s unlikely to happen soon.

II. Ending life tenure

The big upside to this proposal is that it is much less dependent on justices either retiring or dying. It could also help slow the increasing push to nominate younger justices who could serve on the court for longer.

Prior to 1970, Supreme Court Justices served an average term of 14.9 years. Post 1970, they’ve served an average term of 26.1 years. But the five most recently appointed Supreme Court Justices to leave the court served an average of 27.5 years.

Today, most countries in the world have limited judicial tenure, either through mandatory retirement ages or fixed terms. In the US, only one state supreme court (RI) allows for life tenure.

Properly implemented, term limits could give each president the opportunity to appoint the same number of Supreme Court justices each term. Thus, reducing partisan gamesmanship around individual confirmations while making the Court more representative.

One suggestion from the American Academy of Arts and Sciences calls for an 18-year term with regular appointments made every two years to replace outgoing justices. This would not only limit life tenure, but it would also guarantee every president a stable number of two appointments, assuring a reliable translation of voters’ political will into the federal judiciary.

III. Limiting the Court’s jurisdiction

Congress can limit the kinds of cases that can be appealed to the Supreme Court. Along with the ability to define the jurisdictions of lower courts, this “jurisdiction stripping” can be used to curtail the power of the Court overall. This also might force certain aspects of the law back to the political branches of government.

This happened recently under the Military Commissions Act of 2006, which tried to strip Guantanamo Bay detainees of the ability to appeal cases in federal courts. This could only become law if passed by both Houses of Congress and signed by the president.

IV. Create a binding code of ethics

The Supreme Court is the least accountable part of our government; it does not even have a binding code of ethics. We should institute a binding code of ethics, including rules to prevent conflicts of interest. We should adopt transparency measures, including live-streaming of oral arguments and decisions.

Of the above, term limits should be enacted, and a code of ethics should be established. Those are realistic goals. When the Constitution was adopted, the average life expectancy was 36 years, not today’s 80 years.

We need to forge a new consensus about SCOTUS. That requires us to do the political work of negotiating and renegotiating what the Court should look like, and how it should operate.

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.

Workin’ On The Railroad

The Daily Escape:

Pikes Peak with Garden of the Gods in foreground, Colorado Springs, CO. View is from the reflection pool at Garden of the Gods Club and Resort – November 2022 photo by John Susan Hoffman

On Monday, Biden called on Congress to prevent a rail workers’ strike. Railroad workers are threatening a nationwide strike on December 9, which could deliver a crippling blow to the American economy. According to the Association of American Railroads, a nationwide rail shutdown could cost more than $2 billion per day. Passenger rail transportation would also stop, disrupting hundreds of thousands of commuters.

The unions have rejected a tentative agreement that had secured a pay increase of 24% over 5 years for rail workers, but wages don’t appear to be the primary sticking point. The outstanding issue is paid sick leave. The railroad companies have adamantly refused to include any more short-term paid leave. That means rail workers must report to work, even when they are sick, or forfeit their pay.

The essence of the unions’ position is that rail workers must use accrued paid time off (PTO) for their sick time. Actually, they use PTO for ANY days off. They get about 21 days of PTO annually. The rest of their time, including their weekends, is tightly controlled.

The context is that rail workers do not get weekends or holidays off unless they use their PTO. They’re on call 24/7, and if they refuse a shift after a designated (12 hour) rest period, they are docked points. Since the rail carriers have laid off more than a third of their workforce in the past decade, every shift is understaffed, and on most shifts, everyone who is eligible is likely to be called in.

Rail workers have jobs that often require them to be on the road for weeks at a time. From Heather Cox Richardson: (brackets by Wrongo)

“…[the unions]…oppose a new staffing system implemented after 2018, which created record profits for the country’s main rail carriers but cost the industry 40,000 jobs, mainly among the people who actually operate the trains, leading to brutal schedules and dangerous working conditions.”

The Precision Schedule Railroading (PSR) system made trains more efficient by keeping workers on very tight schedules. Any disruption in those schedules, like a family emergency, brought disciplinary action and possible job loss for the worker.

In the US, the 40-hour work week provides on average, 104 weekend days off per year, plus federal holidays. How many American workers would accept the total of 21 days off that most rail workers will accrue in PTO under the now-rejected Tentative Agreement?

The Railway Labor Acts of 1926, 1934 and 1966 control not only railroad labor disputes but also airline labor disputes. There is a series of steps that must be taken by both sides, and the final steps are where a union may strike, and Congress can step in and enact a law codifying an agreement between the companies and the unions.

The US Chamber of Congress and some 400 business groups, representing a wide range of industries, have sent a letter calling on Congress to intervene before the strike deadline if a deal is not reached to “ensure continued rail service.”

You would think that puts Democrats in a bind. They’re pro-union, but in this case, they’re jumping to the tune of big business. And why did Biden make his announcement a week in advance of the possible strike? A good negotiator would create some uncertainty in the minds of both the companies and the unions. There should be at least the appearance of a strike being possible.

Shouldn’t the “most pro-labor president” in a generation (in 1992, he was one of only six Senators to vote against legislation that ended another strike by rail workers), demonstrate that he’s proud to be on the workers’ side, at least until he isn’t?

Congress also has the option to dictate a cooling-off period, allowing parties to continue negotiating until they reach an agreement, or force both sides to enter arbitration, where a third-party mediator gets involved.

The unions knew that Congress would likely intervene. So workers would rather have a bad deal forced on them than to vote for it.

Four paid sick days is nothing. The fact that the rail companies are unwilling even to give four sick days says everything you need to know about American corporations in 2022.

Monday Wake Up Call – November 28, 2022

The Daily Escape:

Thanksgiving Day, Brewster, MA – November 2022 photo by Anne Marie

There was plenty of news over Thanksgiving that Wrongo was itching to talk about, but instead, he decided to take a complete break. Here’s something that’s been on his mind.

Despite all of the self-congratulating by Democrats, the Cook Political Report shows that Republicans received some 3.5 million more votes than Democrats in the midterms. Republicans received 54.13 million votes compared to the Democrats’ 50.79 million votes. Republicans did better in 2022 than they did in the 2018 midterms by 3 million votes, while Democrats got 10.3 million fewer votes than 2018, when they won control of the House by 235–199. Much of this is turnout.

Despite this context, the narrative is that America rejected the far Right by defeating election denier candidates. And most Trumpist candidates were defeated by significant margins. Democrats shouldn’t rest on their laurels or assume “the Trump fever has broken”. It hasn’t. America comes out of the midterms with voters evenly divided between the Parties.

Now, there are only four swing states left: Arizona, Georgia, Nevada, and Wisconsin. These four only account for 43 Electoral Votes. Stanley Greenberg, a Democratic pollster points to the striking “continuity among the elections” since Trump emerged as a national political figure:

“We’ve now gone through 2016, ’18, ‘20 and ‘22 – and all looked pretty much alike….And it has locked in the coalitions.”

So we’re not only evenly divided, but we’re also deeply divided politically.

Looking at the Electoral College, the midterms offered some optimism to Democrats when 2024 comes around. The five states that decided the last presidential race did so by flipping from Trump in 2016 to Biden in 2020. Those five (Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin) moved more toward the Democrats in 2022.

The Dems won six of the eight Senate and governor races across these states, and Dems could notch a seventh victory if Sen. Raphael Warnock defeats Herschel Walker in a Georgia run-off next month.

But Republicans made Ohio, Iowa, and Florida Redder. Each now appears securely in the GOP’s column for 2024 (and most likely beyond). And the Dem’s perennial hope of turning Texas Blue still looks like it’s another 10 years away after Republican Gov. Greg Abbott’s double-digit victory against Beto O’Rourke. Republicans again won all of Texas’ statewide offices, continuing a Dem shutout that stretches back to the 1990s.

It appears that the offsetting and hardening partisan strengths of each Party could again give the power to decide the presidency to a few hundred thousand voters, in a very few close counties in a few very balanced states.

CNN’s Ron Brownstein says that a 2024 presidential race with just Wisconsin, Nevada, Georgia, and Arizona as true battlegrounds would probably begin with Democrats favored in states holding 260 Electoral College votes (including Washington, DC) and Republicans in states with 235. That means Democrats would need to win just one of Arizona (11 votes), Georgia (16), or Wisconsin (10) to reach an Electoral College majority. But that’s far from a certainty.

This division will make for tons of political stress over the next two years. Each Party understands that our nation’s future is now controlled by the choices of a tiny minority of people living in a few contested political districts: White-collar suburbs of Atlanta and Phoenix, working-class Latino neighborhoods in and around Las Vegas, and the mid-sized communities in Wisconsin’s so-called BOW counties (Brown County, Outagamie County and Winnebago County).

No GOP presidential candidate will concede Michigan or Pennsylvania just because of the midterm results. But the magnitude of those 2022 Democratic wins show how difficult it will be for a Republican nominee to take them in 2024 – particularly if the GOP candidate supports further restrictions on abortion.

It’s likely that Democrats will target North Carolina to expand their roster, while Republicans will target Minnesota and New Hampshire. But flipping any state will be difficult, depending upon candidate quality.

This shrinking list of competitive presidential states could increase political tensions for the next two years. Time to wake up America! Think about how your indifference to politics and to voting in our elections has put the country on a knife edge. The threat posed to America by the MAGA extremists remains very real.

It’s going to take tremendous effort in every single election until this dynamic shifts. And that could take a full generation. To help you wake up, watch “People Get Ready”, a Curtis Mayfield tune that foretold the turning tide in the battle for racial equality. It hit the top of the R&B charts after its original 1965 release by The Impressions.

It’s been covered by scores of artists, including Bob Dylan, Bruce Springsteen and here in 2009 by Rod Stewart and Jeff Beck at the El Rey Theater in Los Angeles. Beck’s reaction when Stewart comes on stage is priceless. Stewart served as vocalist for the Jeff Beck Group back in 1969:

Sample Lyrics:

People get ready
There’s a train a-coming
You don’t need no baggage
You just get on board
All you need is faith
To hear the diesels humming
Don’t need no ticket
You just thank the Lord

Sunday Cartoon Blogging – November 20, 2022

According to the LA Times, come January, more than 80% of Americans will live in states with governments entirely controlled by one of the two major Parties. That means when all the new legislators and governors are sworn in, 39 states will be controlled by the same Party, a seven-decade high.

That means Americans will have to live with greater differences in their schools, workplaces, and doctors’ offices as they move cross state lines. A citizen’s right to carry a gun, to get an abortion, to join a union and the rate a minimum-wage job pays, will now depend almost entirely on whether their state is Blue or Red.

Can’t let Sunday go by without talking about Jack Smith, appointed special counsel by Attorney General Merrick Garland to carry forward the Trump Jan. 6 and Mar-a-Lago investigations.

It does have advantages: It makes it simple for the DOJ to refuse Rep. Jim Jordan’s demands for information about the various Trump investigations. You can’t subpoena a special counsel during an investigation.

Second, It ensures the continuity of any prosecution after 2025, no matter who is elected. That’s important since it’s possible that neither the stolen documents nor the coup attempt investigations may be completed by then. And it isn’t the first time a special counsel was appointed when Congress changed hands. Remember that John Durham became a special counsel in December 2020 as Bill Barr was deciding to leave as Attorney General, and the Congress was about to change hands in January 2021. That shielded Durham from political interference in case Trump lost the election. Durham investigated potential criminal misconduct that might have occurred during the Trump-Russia probe without success. His investigation continues today. On to cartoons.

But what’s political?

Investigations are what the people want:

Will the GOP move on?

Elephant tries to let him down easy:

Who’s next?

McCarthy fills the Speaker’s shoes:

Saturday Soother – House of Representatives Edition, November 19, 2022

The Daily Escape:

Verbena and sunset, Anza Borrego SP, CA – November 2022 photo by Paulette Donnellon

We start Saturday with a reflection on the outgoing Speaker of the House Nancy Pelosi (D-CA). Many think that she ranks as the best House Speaker in modern times.

Wrongo remembers her for standing up to Obama and his chief of staff, Rahm Emmanuel during the debate over the shape of the ACA. There was much concern about how far the Democrats could go with the bill. Emmanuel wanted to tone it down to meet objections from the GOP and from moderate Dems.

Pelosi met with Obama and his aides and said that she wouldn’t support anything but the full monte. That caused the White House’s effort to find a more moderate way forward to crumble. And America made its biggest single step toward providing health insurance to all Americans.

At the end, It was Pelosi not Obama, who made it happen. It was her ability to deliver her caucus that gave Obama et.al a spine.

Wrongo recently learned that when Nancy Pelosi was a teen and her father, Thomas D’Alesandro Jr., was mayor of Baltimore, she maintained his “favors book”. That explains much about her effectiveness when she finally got to Congress at age 47. At the point when she took office, she had five kids. Wrangling them, plus learning to keep a “favors book” was probably ideal preparation for being the first woman House Speaker.

This week, control of the US House has passed to the Republican Party. That means two things: First, that Republicans will now say that compliance with House subpoenas is mandatory, even though they purposefully ignored them for the last two years.

Second, Americans should prepare for investigations of the Biden administration by grandstanding GOP Congresscritters. James Comer (R-KY) held a press conference saying that he will be looking into Hunter Biden, his laptop, and his father. Comer, the incoming Oversight Committee chair, has said an investigation into Hunter Biden and other Biden family members and associates will be a priority. His idea is to try and position the president as having compromised national security.

If that seems to echo the FBI/DOJ investigations into Trump, well, that’s purely a coincidence. Be prepared to see absolutely nothing get done over the next two+ years that might improve the lives of the American people.

Let’s spend a minute on Hunter Biden’s laptop. Last March, the WaPo did a story on a security review it had authorized of the disk drive on the “Hunter Biden laptop”. The WaPo asked security experts Matt Green and Jake Williams to review the drive to see what they could authenticate. From the WaPo:

“In their examinations, Green and Williams found evidence that people other than Hunter Biden had accessed the drive and written files to it, both before and after the initial stories in the New York Post and long after the laptop itself had been turned over to the FBI.”

So people had kept adding content to the “laptop,” making it impossible to say what was on the “laptop” when it was originally provided to the Delaware computer repair shop.

The Wrongologist

Geopolitics, Power and Political Economy

Category: History

Citizen Genêt

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