The Daily Escape:
Broad-tailed hummingbirds mating, northern CO – June 2024 photo by Hilary Bralove. This is what John Roberts and his radical Conservative associates are doing to American democracy.
“What is the essence of America? Finding and maintaining that perfect, delicate balance between freedom ‘to’ and freedom ‘from’” –Marilyn Vos Savant
The American colonies fought to get free from a king who ruled with absolute power. And on Monday, once again in America, the Supreme Court (SCOTUS) in substance overthrew the American Revolution by saying that any US president could have the rights of a modern-day king, broadly immune from prosecution under the law for his/her acts.
This betrayal of the American revolutionaries, Founders and Framers was delivered in an opinion by Chief Justice John Roberts on behalf of the Conservative radicals who make up the majority of the SCOTUS. It hurts even more because it is designed to protect the most corrupt and dangerous person to ever hold the office of President of the US. Looking at the opinion, it becomes clear that the Conservative majority is more concerned with concentrating power in the hands of the president than in how a president might abuse that power.
This usurping of power is not implied anywhere in the Constitution, nor implied by the centuries of precedent in opinions by the SCOTUS. For you fans of Originalism, remember this, written by historian Joseph Ellis in 2018: (emphasis by Wrongo)
“Most members of America’s founding generation would have regarded this situation as strange. If you read the debates among the delegates at the Constitutional Convention of 1787, and then read their prescriptions for judicial power in Article III of the Constitution, it becomes clear that the last thing the 39 signers of the document wanted was for the Supreme Court to become supreme.”
Bu real power in this country no longer lies in the People. It now resides at the Supreme Court.
For generations, doomsayers have warned us about the imminent collapse of the American republic, not by outside forces, but by inside elements gnawing at the nation’s gut like a cancer. Watch out for the Communists. Watch out for the foreigners swarming our borders. Watch out for leftists. Watch out for the Jews. Watch out for the Muslims. Watch out for rock and roll. Watch out for Disney.
Now the US as we knew it is tottering. But the collapse wasn’t caused by any of those things. It was caused by radical ideologues who knew how to pervert the very mechanism that was supposed to ensure the stability of American democracy: Its system of checks and balances. You know, the three branches of the federal government empowered to crack the whip on each other, and all of them answerable to The People. But for all their wisdom, the Founders were unable to foresee that two centuries on, there would be plotters and schemers who found a means to exploit the chinks in the wall. And possibly to bring the whole thing tumbling down.
We’re talking about the fallout from the SCOTUS 6-3 decision in Trump vs. US. As Heather Cox Richardson (HCR) noted:
“This is a profound change to our fundamental law—an amendment to the Constitution…”
Here’s a brief summary by Robert Hubbell: (Emphasis by Hubbell)
“Today, the Supreme Court invented a rule (found nowhere in the Constitution) granting presidents immunity from criminal prosecution as follows:
Core presidential functions are absolutely immune (“conclusive and preclusive”), for example, when granting pardons.
Official acts are preemptively immune from criminal prosecution for a president’s acts within the outer perimeter of his official responsibility—which is almost anything tangentially related to the president’s enumerated powers
Evidentiary rules. The Court also imposed two evidentiary rules on prosecutors seeking to navigate the above two rules:
A prosecutor may not use official acts as evidence in a prosecution of unofficial acts.
A prosecutor may not examine a president’s motives in attempting to distinguish between official and unofficial acts.”
HCR reminds us that at his confirmation hearing in 2005, now–Chief Justice John Roberts said:
“I believe that no one is above the law under our system and that includes the president. The president is fully bound by the law, the Constitution, and statutes.”
But he’s now changed his mind. Roberts’ opinion went even further than Trump had requested. And instead of reciting what the SCOTUS has now allowed the president to do without fear, let’s take a look at how we got here:
- A jury found that Trump committed 34 felonies to help win in 2016.
- After committing those crimes, once he took office, Trump then appointed three Supreme Court justices.
- Those justices then delayed efforts to hold Trump accountable for allegedly committing more crimes to hold onto power after losing the 2020 election.
- Now, those same justices support the idea that Trump enjoys absolute immunity for “official acts”—thereby drastically weakening efforts to hold Trump accountable.
One Constitutional flaw the founders left us is the Electoral College (EC). Its original purpose was to advance the interests of slaveholders. And while we no longer have slaveholders, their spiritual descendants now control the Supreme Court.
While the EC was supposed to safeguard against the “tyranny of the majority”, it has instead promoted the tyranny of the minority. The EC allowed the Supreme Court to be hijacked by authoritarians. Five of its current members were appointed by presidents who lost the popular vote, and another who helped one of those popular vote losers, GW Bush, ascend to the Oval Office. That is Clarence Thomas, also married to a conspirator in the Jan. 6 insurrectionist plot.
This has cost us control of our politics and our courts. Control is now held by a minority, supported by some technocrats in the middle, and enabled by the apathy of most of the rest of us.
Worse, those in the current minority are extremists. The Supreme Court is now no different from the Senate: An explicitly partisan, supra-legislative body that, because of the EC, has a built-in bias for the rural party.
It took just eight years for a game show host who was unable to win a plurality of the vote to expose our entire political order as rotten and decayed. He demonstrated that the impeachment mechanism was a dead letter and then got the Supreme Court to declare that the president was, by definition, above the law.
How do we now save our Constitutional republic?
During this Fourth of July week, let’s remember that our common enemy is the partisan power of a partisan minority. This weekend is our opportunity to set a battle plan against that common enemy. That would be a plan to maintain control of Congress for the next two years. The Democrats are just five seats away from having majority control of the House of Representatives. It is a heavier lift to retain control of the Senate, but it isn’t beyond possibility. As Wrongo said the other day, focus on these seats may also help push Biden over the goal line. And even if it doesn’t, the incoming president Trump would be effectively blocked from implementing much of his agenda.
Ultimately, we need political power to dilute the power of this Extreme Court that has taken control of the duties of the other branches of government. If there’s a better argument for voting for Biden (or anyone else who’s not Trump) Wrongo doesn’t know what it is.
There is no option, we have to resist, no matter what. We have to fight.
At this difficult, traumatic time, we must convert the shock of this latest extreme judicial overreach into action, to achieve an overwhelming victory in November. Just as Dobbs fueled a massive turnout, so too should Trump v. US.
(This is Wrongo’s last column before the Independence Day holiday. The next column will be published on Monday, 7/8)