Tag: Loss of Constitutional Rights

July 4, 2023

The Daily Escape:

Kilauea Caldera showing a blackened lava lake, Hawaii Volcanoes NP – June 2023 photo by J. Wei for the NPS

Kilauea stopped erupting on June 19, but the threat of another eruption is always present. That could be a metaphor for America in 2023: We could erupt at any moment.

The 1960s were an optimistic time. There were demonstrations for civil rights and against the Vietnam War. There was police violence against the demonstrators, and assassinations of JFK and MLK. But a throughline of those times was a belief that righteous change was possible.

Wrongo graduated from Georgetown in 1966. His specialty was American colonial history. Those also were times of optimism, and there also were factions and different priorities and beliefs throughout the land.

Back in the 18th century, we overcame our differences, declared our independence, and formed a nation.

Now, 247 years after our revolution, it seems that staying united is difficult, if not impossible. Today, facts are fungible, and so is the truth. As Wrongo stated in his last column, about one third of Americans fail to vote. They are apathetic because they can’t see what would change if they did vote.

Having one third of Americans regularly fail to vote has surrendered control over our politics and our courts to a minority, mostly a few at the top, supported by some people in the middle, and enabled by the apathy of most of the rest of us.

Worse, most of those in today’s controlling minority are extremists. They have exploited the imperfections in our system to impose a return to the social mores and politics of an earlier time.

The best example of this is the string of far-Right decisions handed down in 2022 by the Supreme (Extreme) Court. From Slate’s Mark Joseph Stern:

“Consider the issues that SCOTUS has resolved….The constitutional right to abortion: gone. States’ ability to limit guns in public: gone….Effective constraints around separation of church and state: gone. The bar on prayer in public schools: gone. Effective enforcement of Miranda warnings: gone. The ability to sue violent border agents: gone. The Environmental Protection Agency’s authority to regulate greenhouse gases at power plants: gone.”

Vast areas of law that took decades to establish were overturned in a year.

And in 2023, the Court’s reactionary majority has continued to overturn more of the American social order. Those rulings: ending affirmative action, preventing the forgiveness of student loans and an egregious decision on gay rights, show that the Court has lost any sense of judicial restraint.

The Court is no longer “calling balls and strikes” as Chief Justice John Roberts famously said. In fact, there could be a highlight reel of umpire John Roberts’ blown calls. It’s clear that the Extreme Court wants to go further, and given today’s politics, there’s zero risk of the other two branches of government agreeing to override their decisions.

So, on this Fourth of July weekend, let’s hit pause. Let’s take time to reflect on how our founders were able to weave a message that united many factions against a common enemy. It should be very clear that at this point that the common enemy to unite against is the partisan power of a partisan minority.

Real power no longer lies with the People or with their politicians, it resides in the Supreme Court. The antiquated and undemocratic elements of our government: the Electoral College, lifetime tenure for Supreme Court justices and the malapportionment of the Senate, would require Constitutional amendments to fix. But we’re too divided to amend the Constitution.

Imagine attempting to fix the Senate’s malapportionment by getting a Constitutional amendment through that same malapportioned Senate.

But there may be reason for optimism in the fact that the two of this term’s negative rulings related to college students (admissions and debt relief). Those issues will motivate young voters in 2024.

Here are some numbers that give some cause for optimism about younger voters helping to change our politics:

  • Voters 47 and younger will be in the majority beginning in 2028.
  • Younger voters have historically voted in significantly higher numbers for Democrats.
  • Young women, especially young Hispanics and young African Americans are substantially higher voters for Democrats.
  • Fifty-five percent of white male voters under 45 voted Democratic in 2022, as did 52% of younger white females.

Here are a few other facts that should make us optimistic going forward:

  • Abortion was youth’s #1 issue in 2022.
  • Mid-term voter turnout for people under 29 was 23%, lower than 2018 (28%), but much higher than in 2014 (13%).
  • Michigan had the highest youth turnout in the country (37%).
  • Two swing states, Michigan and Pennsylvania, were among the four states to have the highest youth turnout in 2022.

To help you reflect on how we might take back control, let’s listen to Neil Diamond’s “Coming to America” performed at the Greek Theater in Los Angles in 2012.

There are many versions of this tune on YouTube, but this one makes the point that virtually all of us are descended from immigrants, in this case, Diamond’s grandmother, who immigrated from Kyiv:

Facebooklinkedinrss

Saturday Soother – D-Day Edition, June 6, 2020

The Daily Escape:

Normandy – 2016 photo by Wrongo

Today, let’s tie a few things together. D-Day was 76 years ago. Less than three months later, by the end of August, the allies had entered Paris, and the rout was on. Germany would surrender in May of 1945. That was the original Antifa war.

What’s going on today, with Trump and Barr trying to gin up a domestic Antifa enemy is bullshit.

First, a bad experience for a multi-racial family of four in Washington State that was accused of being members of Antifa. They were followed and prevented from leaving their campsite when the bad guys cut down trees to block the roadway out. From the article: (emphasis by Wrongo)

“The family had shopped for camping supplies at Forks Outfitters and were confronted by seven or eight carloads of people in the grocery store parking lot….The people in the parking lot repeatedly asked them if they were Antifa protesters. The family told deputies that at least four vehicles followed them as they drove northbound out of Forks. They said that two of the vehicles had people in them carrying what appeared to be semi-automatic rifles.”

Not dangerous, and no connection to Barr and Trump, just a coincidence, right?

Next, HuffPo reports that a shipment of hundreds of cloth masks that read “Stop killing Black people” and “Defund police” that an Oakland, CA Black Lives Matter-affiliated organization was sending to cities around the country was seized by law enforcement. The group’s objective was to protect demonstrators against the spread of COVID-19:

“The Movement for Black Lives (M4BL) spent tens of thousands of dollars on the masks they had planned to send all over the country. The first four boxes, each containing 500 masks, were mailed from Oakland, California, and were destined for Washington, St. Louis, New York City and Minneapolis, where on May 25 a white police officer killed George Floyd, a 46-year-old handcuffed Black man, setting off a wave of protests across the country.”

The items never left the state. The US Postal Service tracking numbers indicate they were “Seized by Law Enforcement”. Again, what is behind Barr’s and Trump’s thinking here? The government has been urging independent groups to make masks to help protect against COVID-19. The difference here is that the government objects to the message on these masks?

Finally, Trump is now living behind a tall and imposing fence wall that was hastily erected around the White House:

The fencing is intended to provide security for the White House. Trump may have thought that the show of force in Lafayette Square made him seem more powerful, but the more he closes in—physically and figuratively—the more isolated and small he seems.

Don’t you wonder how carefully the White House has thought out their strategy?

  • Do they have an exit strategy for how their daily undermining of people’s Constitutional rights will play out?
  • Do they intend to have troops on our streets indefinitely?
  • Do they plan to make protesting so dangerous that there will be ever increasing violent incidents that, in the administration’s eyes, justify the continuing use of force?

On this D-Day weekend, things aren’t looking good for the Home of the Brave and the Land of the Free.

It is hard to write this stuff, and it’s certainly hard to read about all the new insults to democracy that are now occurring daily by this president.

So, let’s take a break from the news, and find a little bit of time to forget the ominous place where all this seems to be heading. Time for a Saturday Soother.

First, we brew up a cup of Mocha Java ($14.50/12oz.) from Fort Bragg, CA’s Thanksgiving Coffee. They call it Mocha Java, but this version replaces the original Java with a wet-hulled Sumatra, and replaces the Yemen Mocha with a similar coffee from Ethiopia. You be the judge.

Today, partially to mourn George Floyd and all the others who died before, including those who died on D-Day, let’s listen to Samuel Barber’s “Adagio for Strings”, played in its original version by the Dover Quartet.

This is the second time Wrongo has chosen this recording, primarily for the deep sadness in the music. Usually played by a string orchestra, here it feels raw and vulnerable, and much more intimate and powerful than with an orchestra:

Those who read the Wrongologist in email can view the video here.

Facebooklinkedinrss

United Airlines: Try Doing The Right Thing

The Daily Escape:

Kravica waterfall in Bosnia Herzegovina -photo by Vedrana Tafra

Wrongo needs to start by saying that he has nearly 800,000 lifetime air miles on United Airlines (UAL) and, after the forcible removal of a paying passenger, he will try to avoid flying them again.

You know the story: United Express in Chicago loads passengers on a plane heading to Louisville. Then four employees arrive, needing seats. United was unwilling to offer enough compensation to induce passengers to give up their seats, and ordered four passengers off of the aircraft. Three left, but one refused, saying he had to be in Louisville in the morning.

United officials called the Department of Chicago Aviation, (part of the City of Chicago), the type of government agency that you never even knew existed, to remove him. Officers grabbed his arms, dragged him screaming across the armrests and along the floor and off of the aircraft, apparently injuring him in the process.

Unusual situations like this test organizations and their leadership. The key information here is that UAL wanted to make space to carry their own staff. The flight was not “overbooked”, UAL wanted to take back seats of a few paying passengers to accommodate their own staff. Apparently, UAL had bungled its own logistics, and then looked to its paying customers to solve the problem.

Poor customer service like this exists because of corporate culture, and because the company rarely has to pay a price for it.

In Wrongo’s past, he managed 1000 employees who had technical support and/or customer service contact with the public. We had a mantra: Know when to Do The Thing Right, and know when to Do The Right Thing. 95% of the time, the job is to follow established procedures, to guide the customer to a pre-established solution that had been vetted, one that was company policy.

Our staff’s job was to “do the thing right” in those cases, to follow our processes.

5% (or less) of the time, our people would see something novel, outside the scope of established policy. Something that called for reaching an equitable solution that wasn’t in any manual.

Then, our employees needed to “do the right thing”.

These aren’t difficult concepts to instill, they are entirely consistent with most people’s personal experience, and usually with their views about fairness.

United should try empowering people to do the right thing, when going by the book fails the customer. Whatever it might have cost to compensate volunteers, it would have been far cheaper than what UAL will now pay to this passenger as soon as he gets in touch with a personal injury lawyer and starts to make a case regarding legal processes and compensation going forward.

This also illustrates how America is changing: Large corporations are willing to use the police to enforce their policies. The passenger’s choice was to comply with police demands, or face physical intimidation, or worse. And Chicago’s sub-contracted police were too eager to jump into the fray.

We should ask: Did the injured passenger break any law by refusing to give up his seat? If that’s the case, the plane was filled with lawbreakers. If not, why was an element of the Chicago police doing UAL’s dirty work?

The Seventh Amendment of the Constitution guarantees a jury trial for civil cases in the federal courts:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved

The $20 amount is trivial in today’s economy. But that idea of a jury trial has been killed by corporatist judges on the Supreme Court, and other courts, and has been replaced the company’s terms of service. When you agree, it takes away most of your rights – disputes are resolved through arbitration that the corporation almost always wins. In this case, UAL’s terms of service gives them almost unlimited authority when dealing with its passengers, including a rule regarding “refusal of transport” (Rule 21) and “denial of boarding compensation” (Rule 25).

But that doesn’t justify bad corporate behavior. Or violence.

But, thanks to Congress’s bipartisan policy of ignoring anti-trust laws for several decades, just four firms now control the vast majority of domestic flights, and they don’t really compete with one another. This is from the DOT’s report on airline competition:

Less competition means you don’t have to worry as much about annoying people with delays or overbooked flights. It also means you can make a lot more money. There’s less pressure to cut ticket prices – even when the price of oil, an airline’s biggest cost, is plummeting – and it’s easier to introduce ever-more obnoxious fees and charges.

UAL isn’t worried about you sharing a video of a passenger being dragged off their plane, because you have no real choice when you fly from certain cities.

Ultimately, the responsibility to blunt this trend is ours. Replace Citizens United. Remove corporatist judges. Keep our police on a short leash.

Don’t just upload a video, organize your neighbors and vote!

Facebooklinkedinrss

Ferguson Points to Our Real Problem

This is not a column about Ferguson, except by extension. In August, after Ferguson, the images of cops climbing out of armored vehicles with military-grade weapons caused some in both Houses of Congress to push for change in the program. Lawmakers vowed changes to the 1033 Pentagon program that provides military-grade equipment to local police. The Obama administration called for a policy review of the 1033 program, but on Monday, they backed away from substantive changes to the program.

There was a White House meeting on Monday to address the issues raised by military-style policing and Ferguson. Yet, the evidence shows that the meeting has changed nothing. This was The Guardian’s Monday headline:

Obama resists demands to curtail police militarization calling instead for improved officer training

Mr. Obama did call for a $263m, three-year spending which, if approved by Congress, could lead to the purchase of 50,000 lapel-mounted cameras to record police officers on the job.

Sounds good, but there are 765,000 state & local law enforcement officers in America, so you better hope that you are stopped by one of the 6.3% of local police officers that will have a federally-funded camera three years from now. Oh, and hope that the digital file of your brush with the law hasn’t been accidentally erased.

The Institute for Public Accuracy made comments from Peter Kraska available. Kraska is considered a leading expert on police militarization. He said yesterday: (emphasis by the Wrongologist)

From my meeting at the White House, frankly, they — like most political players — were interested in a quick fix. They want to hear that by somehow tweaking the 1033 program (which transfers equipment from the Pentagon to local law enforcement) that they can have an impact. That program is important symbolically, but there’s an entire for-profit police militarization industry that wouldn’t be affected.

We also have to review the Department of Homeland Security (DHS) grant program which provides far more to local police than does the DOD. DHS grants are lucrative enough that many defense contractors are now turning their attention to police agencies — and some new companies focus solely on selling military-grade weaponry to police agencies who get those grants.

That means we’re now building a new industry whose sole function is to militarize domestic police departments. Which means it won’t be long before we see pro-militarization lobbying and pressure groups with lots of (mostly taxpayer) money to spend to fight just the reforms the Obama administration and some in Congress say are necessary.

Say hello to the military/police/industrial complex.

And why have we entered a time of “shoot first” in our cities? It must be because our police feel that their lives are more in danger than ever. Sorry, that isn’t supported by the facts: The number of law enforcement officers killed as a result of criminal acts:

2004: 57
2009: 48
2012: 49
2013: 27

So, if there are 765k in local law enforcement that equates to a 2013 death rate from criminals of 3 per hundred thousand per year. Also, 2013 incidents are equal to the lowest level since 1887. Yet, nationwide, America’s police kill roughly one person a day:
Deaths from Police Shootings

The Economist, August 2014

And evidence exists that this number is dramatically understated. The FB page, Killed by Police says the number of deaths at the hands of police as reported to them since their launch in May 2013, is 1450. In 1994, Congress instructed the DOJ to “acquire data about the use of excessive force by law enforcement officers” and “publish an annual summary”. They have yet to do that. There are over 17,000 law enforcement agencies in the country, yet fewer than 900 report their shootings to the FBI.

Radley Balko in The WaPo concludes that militarization of police and their use of military-style force to suppress protests are bad mistakes. He quotes the Salt Lake City chief of police, Chris Burbank:

I just don’t like the riot gear…Some say not using it exposes my officers to a little bit more risk. That could be, but risk is part of the job. I’m just convinced that when we don riot gear, it says ‘throw rocks and bottles at us.’ It invites confrontation. Two-way communication and cooperation are what’s important. If one side overreacts, then it all falls apart.

We have bulked up America’s police. With DOD’s assistance, they developed units trained and equipped in military-style tactics. They demonstrate a consistent picture of organizations evolving from community-based law enforcement to security services whose primarily focus is maintaining public order. They see protests by minority or politically dissident elements as inherently illegitimate and potentially violent. The police can pretty much do whatever they want, to whomever they want, whenever they want. And it’s gonna be your fault.

Order, not justice is the new goal of our police, a significant shift in emphasis. As such, displays of overwhelming force are considered a logical way to prevent organized protests from happening. If demonstrations occur in spite of police presence, then massive use of force is a logical way to quell its impact and prevent its re-occurrence.

Many things demonstrate the evolution in America of police from “Protect and Serve” to a quasi-military force. This creates an emotional distance from the communities they patrol. We see this most clearly in their casual use of force, often disproportionate to the situation, and with a near-total lack of accountability.

That is an ugly symptom of our Republic’s weakness. The crushing of the Occupy Movement’s camps and the militarized response to the Ferguson protests are the natural outcome of our new policing.

When the country was founded, there were no organized police departments, and there wouldn’t be for about 50 years. Public order was maintained through private means, in worst cases by calling up the militia. The Founders were quite wary of standing armies and the threat they could pose to liberty, but they concluded (reluctantly) that the country needed an army for national defense.

They feared the idea of troops patrolling city streets — a justified fear colored by the antagonism between British troops and residents of Boston in the years leading up to the American Revolution.

The Founders couldn’t have envisioned police as they exist today. It is probably safe to say they’d be appalled at the idea of police, dressed and armed like soldiers, breaking into private homes in the middle of the night, as happens on drug busts on most nights in America. Using militarized police to roust demonstrators would likely be appalling to them as well.

Let’s close with Radley Balko:

We got here by way of a number of political decisions and policies passed over 40 years. There was never a single law or policy that militarized our police departments — so there was never really a public debate over whether this was a good or bad thing.

It’s time to have that debate.

Facebooklinkedinrss