Showing posts with label US Constitution. Show all posts
Showing posts with label US Constitution. Show all posts

Thursday, February 28, 2019

DO WE OR DO WE NOT WANT DEMOCRACY?


THIS DEAD HORSE QUESTION REQUIRES MORE BEATING

“What makes a movement Fascist is not ideology but the willingness to do whatever is necessary – including the use of force and trampling on the rights of others – to achieve victory and command obedience.”  -- Madeline Albright, former Secretary of State, Fascism: A Warning (2018) p. 229.

A friend who is a Trump supporter inspired this blog. He
defends the President’s right to use money, not appropriated, for building a wall on the southern border of the United States. This friend believes, even though the constitution makes Congress the branch of government that appropriates money, the
President can ignore that and take money from other appropriations for any purpose the President declares a “national emergency.” He asserts the President’s responsibility to “provide for the common defense” permits such action.

Constitutional Issues
Our friend’s “provide for the common defense” claim presents the first problem. That phrase comes from the constitution’s preamble and serves as a rationale for the constitution itself. Article II, the part of the constitution establishing an executive branch and defining its duties, does not assign the executive a “common defense” duty. Indeed, the “common defense” obligation applies to all branches of the American government.  

We live in a democracy with three co-equal branches of
government – legislative, executive, and judicial.  The constitution gives the legislative branch exclusive appropriation power. Though Congress has granted the executive authority to declare “national emergencies,” it has never given up the power of the purse.

Considerable debate, in fact, exists about the constitutionality of the statute purporting to give presidents
emergency authority. To achieve the result our friend desires, we believe this country would have to choose a more autocratic form of government. Judging by his views, and those of many Trump supporters, one might conclude they are ready to do just that. We wonder, however, if other things are at work.

Do Americans really favor moving to an autocratic form of government? We suspect not. Instead, some actually only want the result Trump has promised, i.e. making America great again by cordoning off the United States from the entry of brown people from Mexico and other Latin American countries. Trump never speaks so harshly about the entry of immigrants with white skin. That alone attracts some of his supporters. Some merely back his other policies, including his position on abortion, putting right-leaning judges on the federal courts, and tax policies that favor the wealthy.       

The Reality of Democracy
Democracy remains the most desirable form of government, but no one should underestimate what it requires. As the appearance before the House Oversight Committee of former Trump lawyer and fixer Michael Cohen demonstrated, democracy involves the people’s representatives holding even the highest officials accountable for their misdeeds. Democrats, Republicans, and Independents must work on this together or democracy will perish. The people have a right to this accountability and no president gets a free pass.

We fear some Trump supporters, who would grant him so much executive authority, miss this point in the name of achieving policy ends. Some Trump supporters behave as if they do not appreciate the damage he has done to the fabric of our democratic form of government. When he accused a federal judge of Mexican heritage of being unable to rule fairly in his case because of that ancestry, he really asserted an expectation of prejudice in our judicial system.  When he says he believes Russian President Vladimir Putin over American intelligence agencies, he attacks our democratic institutions by believing a former communist KGB agent over the dedicated men and women who risk their lives for our country. The same goes for seeking Putin’s advice about dealing with North Korea over the advice of our intelligence professionals.

Fascism Again
Even if we can’t conclude Trump’s un-democratic acts mean we’re headed for a fascist state, Secretary Albright’s warnings remain relevant:

--Fascism rarely makes a dramatic entrance.  Typically, it begins with a seemingly minor character – Mussolini in a crowded cellar, Hitler on a street corner – who steps forward only as dramatic events unfold.  The story advances when the opportunity to act comes and Fascists alone are prepared to strike. That is when small aggressions, if unopposed, grow into larger ones, when what was objectionable is accepted and when contrarian voices are drowned out …. We have learned from history that Fascists can reach high office via elections. When they do, the first step they attempt is to undermine the authority of competing power centers, including parliament or, in America, Congress.”
Fascism: A Warning pp. 229 & 234  

We think America’s first order of business remains removing Trump from office by impeachment or at the ballot box. His actions constitute a clear threat to democracy. Democrats, Republicans, Independents,
Socialists, members of the Green Party, and those not part of any organized political group must join in this effort. We can fight out our disagreements on tax policy, immigration, reproductive rights, and many other issues without this President. We can even agree democracy has its flaws and requires constant re-examination and improvement. But whatever democracy’s flaws, we must preserve it over autocratic forms of government. We can never relinquish our right to choose our leaders at the ballot box.  That right must remain inviolate. Is that even arguable?

        

 


Monday, December 10, 2018

THE TRUMP PRESIDENCY END GAME: DOES HE STAY? DOES HE LEAVE? HOW DOES HE LEAVE?


We aren’t there yet. In Robert Frost’s words, we have miles to go before we sleep. But, we are headed for the Trump presidency end game. We’ve been thinking about what that might look like. We see rough sledding and hard choices ahead – for Trump and for American Democracy.  

The Gathering Storm
On November 6, Americans resoundingly gave Democrats control of the United States House of Representatives. This poses potentially dire consequences for the Trump presidency. House Democrats can, and will, investigate Trump’s misdeeds as the current Republican majority wouldn’t. Most important, the new majority can initiate impeachment proceedings. The likelihood Democrats will conclude they have no other choice has recently increased exponentially.


After keeping quiet while the election unfolded, Special Counsel Robert Mueller re-emerged with a bang. Mueller’s recent actions, and others we might see soon, put Trump squarely in danger of facing impeachment in 2019. First, Mueller obtained a guilty plea from former Trump lawyer and fixer Michael Cohen for lying to Congress about the Trump organization’s plans for a hotel in Russia in 2016 while Trump claimed he had no business activities in Russia. Second, in sentencing memos for former Trump National Security Advisor Michael Flynn, Cohen, and former Trump campaign chairman Paul Manafort, Mueller hinted he and other federal prosecutors continue investigating additional potential Trump crimes. Meanwhile, Southern District of New York prosecutors squarely accused Trump of directing Cohen in committing federal campaign finance felonies.   
Left Photo: Cohen/Right Photo: Manafort - PhotoCred: Business Insider
 
Eventually, it seems likely Mueller will tell Congress what he knows, if he follows the generally, though not universally, accepted
principle he can’t indict a sitting President. Assuming Mueller goes with this procedure, and believing as we do his report will contain significant evidence of Trump’s “high crimes and misdemeanors,” the House Judiciary Committee will report out articles of impeachment and the full House will vote for impeachment. That requires only a simple majority. What then?


In search of 20 Republican senators
Under the U.S. Constitution, once the House impeaches a President, conviction and removal from office require a two-thirds vote in the Senate. The new Senate includes 53 Republicans and 47 Democrats. If all 47 Democrats vote for conviction, removing Trump from office could occur only if 20 Republican senators agree. Where would those votes come from and why? 

By the time the Senate votes—probably 2019 or early 2020 – election year politics will have intervened. How much political strength will Trump retain? How will that figure in the calculations of Republican senators soon facing the electorate? Richard Nixon’s experience provides clues.

In the summer of 1974, the House Judiciary Committee, after
Nixon family boarding Air Force One for last time Aug. 9, 1974
riveting televised
hearings, voted out three impeachment articles. The outcome in the full House was clear, given the Democratic majority. Attention shifted to the Senate, even before the House vote. Nixon’s approval rating had fallen to about 25 percent. Republicans faced catastrophic losses in the upcoming mid-terms if Nixon remained in office. A delegation of “wise men” – senior Republican senators led by Arizona’s conservative icon Barry Goldwater and Pennsylvania’s moderate Hugh Scott -- trekked to the White House and told Nixon his Senate support had fallen below the Mendoza line. He couldn’t survive because Republicans couldn’t survive. Nixon resigned. 


For three reasons, we see the odds against this happening again. First, Trump probably wouldn’t listen. Second, no “wise men” with the stature of Goldwater and Scott remain in the GOP senatorial ranks. Who’d do that job now? Lindsey Graham? Mitch McConnell? Marco Rubio? With all due respect, we doubt it in each case. If he were here and if he were a Republican, Lloyd Bentsen might tell each one, “I knew Barry Goldwater. Barry Goldwater was a friend of mine. Senator, you’re no Barry Goldwater.”

Third, we question whether Trump’s approval rating ever falls into the 20s. He probably got it right when he said he could get away with shooting someone on Fifth Avenue in New York. We haven’t seen signs of Trump’s hard core 35-38 percent deserting him. That makes identifying 20 GOP senators who’d bail a stretch, especially since we see only two (Maine’s Susan Collins and Colorado’s Cory Gardner) facing re-election in 2020 in states Hillary Clinton carried in 2016.

The old fashioned way
Once upon a time, the brokerage firm Smith Barney ran a television campaign using the distinguished, if crusty, actor John Houseman as its spokesperson. Houseman ended the ads asserting Smith Barney made money for its clients, “the old fashioned way – they earn it.” Looking at the political realities, and the numbers, we conclude the United States probably can rid itself of the debilitating, destructive Trump presidency only in the old fashioned way – voting him out in 2020.   

Mueller’s probe now suggests Trump and his associates (1) colluded or conspired with Russia in interfering in the 2016 election, (2) obstructed justice by impeding the investigation into that collusion, (3) lied to the American people, and perhaps to investigators, about business dealings with foreign countries, and (4) committed numerous other still undisclosed crimes. Once Muller makes known the details of Trump’s “high crimes and misdemeanors,” we believe the evidence will demand conviction and removal from office. Republican senators and their Trump supporters will have to decide on making the ultimate bargain with the devil: leaving Trump as President, despite his assaults on the rule of law and possible destruction of NATO, all in exchange for more conservative Supreme Court appointees and retaining tax cuts for the rich.  As we’ve said, we doubt enough Republican senators vote for conviction. That leaves doing it the old fashioned way.