Update no.1156

 Update from the Sunland

No.1156

4.3.24 – 10.3.24

Blog version:  http://heartlandupdate.blogspot.com/

 

To all,

 

The follow-up news items:

-- We can chalk up another win for [the person who shall no longer be named] from the beneficence of the Supremes. This one is the case of Trump v. Anderson [601 U. S. ____ (2024); No. 23–719] [1145], the Colorado primary ballot disqualification case; the unanimous Court reversed the Colorado Supreme Court ruling. The Court declared that a state cannot execute §3 of the 14^th Amendment without a specific charge by Congress, which in this instance, they did not have. Although they did not specifically state it, the Supremes expected a conviction under 18 USC §2383, or some other specific authorization by Congress, i.e., §3 is not self-executing as Colorado claimed.

I see significant fallacies in the Supremes’ arguments. The Court stated, “the Constitution grants the States freer rein than Congress to decide how Section 3 should be enforced with respect to federal offices is simply implausible.” First and foremost, Congress does not conduct elections of federal officers; the States do. The Constitution has charged the States with that task, thus the Electoral College. Congress does not need to pass legislation to enforce age, naturalization, and residency requirements for any candidate; the State do that in their processes. There is no federal election ballot, only ballots in the States and Territories. I think Colorado hit it exactly correct, they are simply enforcing the constitutional requirements of which §3 is just one of those requirements. Further, the Supremes wrote, “[S]tate enforcement of Section 3 with respect to the Presidency would raise heightened concerns. ‘[I]n the context of a Presidential election, state-imposed restrictions implicate a uniquely important national interest.’” [quoting Anderson v. Celebrezze 460 U. S. 780, 794–795 (1983)]. Colorado was NOT deciding upon or imposing any unique restrictions on candidates for the presidency; they were simply doing what the Constitution directs. Whether a state chooses to enforce the U.S. Constitution is their business. Colorado did what they thought correct. The fact that other states chose not to abide the Constitution is their business. The Sotomayer concurrence observes that “The majority announces that a disqualification for insurrection can occur only when Congress enacts a particular kind of legislation pursuant to Section 5 of the Fourteenth Amendment. In doing so, the majority shuts the door on other potential means of federal enforcement.” That is exactly the point, and yet she (along with Kagan and Jackson) sided with the majority that the states have no authority to enforce the Constitution without specific authorization by Congress.

All the justices conveniently ignored the elephant in the room. The case would be moot and unwarranted if he had not incited an insurrection and interference in the presidential election of 2020. One important, if not vital, element of this debate is there is only one person who brought this one—[the person who shall no longer be named]. If he had not incited the rally crowd to march on the Capitol Building, we would not have this situation. If he had not developed and perpetuated the BIG LIE, we would not have this situation. If he had not sought the presidency for a second time, we would not have this situation. Colorado did not create this situation, only [the person who shall no longer be named] did. The Colorado secretary of State did not decide to disqualify him, a district court made a factual finding that he had incited an insurrection. The secretary of State simply followed the law and the Constitution. State acts like this were not some arbitrary or capricious action by the Colorado secretary of State. It most certainly was not. Section 3 of the 14^thAmendment to the U.S. Constitution is not written as a felonious law; it is an election requirement. Congress did in fact make insurrection a felonious crime [18 US §2383].

Reading this case is like watching a circular firing squad trying to execute a person in the center of the circle. In a very narrow sense, I understand the purpose and motives of the Supremes in Anderson, but they have not improved the law. But hey, that is just me.

At the bottom line, the January 6^th insurrection leader will be on the ballot in Colorado and other states that disqualified him for inciting an insurrection interference in the constitutionally mandated election process. The world continues to turn.

 

Well, how about that! Congress finally passed a proper appropriations bill . . . at least for half of the federal government—Consolidated Appropriations Act, 2024 [H.R.4366; Senate: 75-22-0-3(0); House: 339-85-0-8(3)] {with the usual suspects voting against the bill in both chambers}. The other half is due by the end of this month. The bill has been presented to the president, but I have no record or indication that it has been signed yet. I shall hold the hope that Congress do their job and fund the remainder of the government before the deadline.

Hanging out there beyond the appropriations bills is the funding bill(s) for our support of Ukraine, Israel, Taiwan, and the bulk of humanitarian aid to the Gaza Palestinians. Of course, the rest of Congress’s constitutionally mandated business still sits in the Inbox.

 

In a masterful stroke, President Biden chose to deliver his constitutionally mandated annual State of the Union report to Congress (and the nation) on Thursday, the 7^th of March, two days after the Super Tuesday primary voting in 16 states. With a wide variety of polls indicating [the person who shall no longer be named] was likely to do well and thus also likely to do his usual chest-beating, bellicose, gloating, it would be a perfect opportunity to display a stark contrast with his probable Republican opponent. Oh my, was he correct . . . spot on, correct. As a bonus, [the person who shall no longer be named] met the court-imposed deadline to post a US92M bond in the defamation case he lost to E. Jean Carroll. Looming out there later this month is the other court-imposed deadline to post a US$0.5B bond in the civil business fraud case; that one will not be quite so easy to fulfill. If he misses it, a whole new set of problems opens up for him. He faces the potential of the court carving up his one-time gold-plated empire. In general and interesting enough, President Biden referred to [the person who shall no longer be named] as “my predecessor.” He refused to use his familial name. The president spoke directly to key successes in his administration and did a masterful job of baiting and silencing that rogue mouth from George, Margie Taylor Greene (MTG). All in all, I thought President Biden gave us an excellent State of the Union address.

Senator Katie Elizabeth Britt, née Boyd, of Alabama delivered the Republican response to the president’s State of the Union message. Just a quick note, I find it rather odd that they put a young female politician in a kitchen to convey such a reply. She gave us a doom & gloom message with a near whisper, a broad smile, and a giggle and verging on tears scattered throughout. Whomever wrote her speech did her a profound disservice to her credibility and integrity. Perhaps that is what she intended to do, but for now, I give her the benefit of the doubt—an unfortunate misstep.

 

ihr Anführer decided that chaos on the southern land border was more important to his campaign for president and his domination of the once Grand Old Party than any possible improvement to the situation. He ordered his minions in the House to block the Senate bipartisan immigration reform bill. I have been and remain from the school of any action is better than inaction. The immigration system has been broken and woefully underfunded for decades including through the previous guy’s administration. The fBICP / MAGA bunch refused to do anything, so they can point their crooked fingers at the Democrats. To be clear, the obstruction put up against doing anything for the border & immigration situation is the sole product of Lieber Anführer and his minions, a minority within the Republican Party, not Republicans in general, in the main. Until the good Republicans (and here I mean the voters, not the politicians) find the cojones to banish that far right-wing bunch from their party, we will continue to face this grotesque dysfunction. I have also lived by the old adage that something is better than nothing; the MAGA bunch have chosen nothing. And, they have imposed their beliefs on everyone, including the good Republicans and all the rest of us. This must stop! The Senate had a bipartisan immigration system improvement bill that would have made the abysmal situation better . . . not perfect, but better. We deserve better!

 

Comments and contributions from Update no.1156:

Comment to the Blog:

“We already knew the Supreme Court was tainted. So did Tiny.

“The Democratic National Committee (DNC) connives with the Republicans to sabotage elections, knowingly or otherwise. Their tight control of primary results, constant negativity, corrupt fundraising, and claims of helplessness discourage voting at least as much as the Republican tactics.

“Mitch McConnell has no more ethics than Tiny, but he has a great deal more skill at manipulating the system. I want him to retire altogether.

“Most criminals blame ‘the system’ for their behaviors. Tiny has accumulated a large horde of minions and followers who amplify his nonsense.”

My response to the Blog:

I would not have used that word eight years ago, but it certainly seems valid today. I suspect the Court is not going to be as reliable as a protector for the orange Jesus as he expects. He is singing their praises today, but he may not be in a few months. The ballot case pales in comparison to the immunity case later this year.

The political parties are separate, unique entities that reflect our national governance—representative democracies. They are comprised of human beings who are flawed and often driven by selfish motives. The political parties do not have the oversight and cross-checks that our national governance does. By definition, they are more prone to deviance. Yet, we can and do influence them with our voices and our votes.

I am with you there. Mitch has long exceeded his worth. He still has three years remaining in his current term. He may be stepping down as minority leader, but he’ll still be hanging around.

Oh so true. It always everyone else’s fault—never his. That is also a major trait of malignant narcissists.

 . . . Round two:

“The DNC and RNC don’t ‘reflect our national governance—representative democracies.’ Study how the DNC fills its membership and how it operates. It’s not representative of Democrats as a whole. The Republicans have a leader that has the party as followers.”

 . . . my response to round two:

So you say. I cannot dispute your observation, so I will acknowledge slivers of truth in the general broad statement. At the end of the day, we have what we have. The only way to change it is from within, and I am not willing to spend my remaining years in that struggle. Onward and upward.

The malignant narcissist is headed back to the general election ballot, and we will have a very stark choice to make in November.

Just a related FYI: I took on one crusade in my life and I failed.

 

Another contribution:

“Of interest Cap.”

US supreme court ‘erred badly’ with Trump ruling, leading US historian says | Donald Trump | The Guardian

My reply:

I am still digesting the Court’s ruling from yesterday. So far, I would agree with the Guardian’s reporting. I will be rendering my opinion in this week’s Update. Thanks for thinking of me. More to follow.

 . . . to which the contributor added:

“This has just arrived this side.”

https://news.sky.com/story/donald-trump-rival-nikki-haley-becomes-first-woman-in-history-to-win-republican-primary-after-washington-dc-victory-13086958

 . . . my reply to round two:

True, but not the first to win a primary.

 . . . Round three:

“Sure Cap, but does she plan to continue to strive? Can she?”

 . . . my reply to round three:

I suspect she will keep going until her opponent either clinches the nomination or she runs out of donor money. Today is Super Tuesday with 16 states conducting their party primary votes. If Tiny wins them all, he will be close to clinching but not close enough. Yes, she can keep going until the money dries up.

 . . . Round four:

“Keep going girl-your nation needs you as does the entire world.”

 . . . my reply to round four:

Well, that did not last long. Haley has indicated she intends to suspend her campaign later today. The malignant narcissist is one big step closer.

 . . . Round five:

“Yes we just heard that Cap-big shame, she needs more financial support I hear. I shudder to think what the future holds-how many law cases does he have to survive without a 'guilty' result? If he is found guilt-ridden while the nation is voting what will that mean for your homeland Cap? Do you need a criminal running the business!...”

 . . . my reply to round five:

Indeed, a true shame. She was a very rare voice of reason amid the verbal hallucinations of a malignant narcissist and his blinded minion lemmings. I do not agree with all her positions, but Haley is a far more palatable candidate than the other guy. You are not alone in your concerns for the future as long as that man remains a candidate. He has nearly locked up the Republican nomination, which would put him another step closer. The citizens who have swallowed his worthless snake-oil elixir and encouraged his juvenile, schoolyard bully behavior do not care. Multiple polls tell us a substantial number of his believers will vote for him even if he is convicted and imprisoned.

He has been found guilty (liable) in multiple cases in business fraud and libel cases, but that does not phase his supporters. So far, he has been largely successful in delaying the hard criminal cases in his gamble that he will be elected to a second term. God forbid what he will do to our system of governance if that was to happen. Your rhetorical question is spot on the money. The Founders of this once grand republic would shudder with revulsion if they had ever imagined a man of his immorality putting his slimy criminal hands on the instruments of state.

The MAGA bunch will vote. They are a minority. The real hard question is, will the majority of Americans vote this November to remove him from the field? We will not know until November. One thing as certain as the sunrise is I will vote as long as I am able, and it will never be for that mad man.

“That’s just my opinion, but I could be wrong.”

 

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                  :-)