Tag Archives: U.S. Constitution

One Last Angry Clarion Call

Trump looking out in anger.

“It seems clear that [Attorney General William Barr] will do or enable anything to keep Trump in office.  And Trump will do anything to stay there.  Suspension of the election, negation of the results, declaration of martial law are not simply fanciful, alarmist or crazy things to throw out there or to contemplate.  Members of Congress, governors and state legislators, leaders in civil society, lawyers, law enforcement figures and the military need to be thinking now about how they might respond.”

Norm Orenstein, Chair of American Enterprise Institute of Public Policy Research

Donald Trump has joked recently that he might not leave office after a second term, as mandated by the 22nd Amendment to the U.S. Constitution.  This particular amendment was ratified in response to the 12-year tenure of Franklin D. Roosevelt.  The original authors of the Constitution had never intended for any elected Chief Executive to hold the position as if it were a divinely-inspired monarchy.  They certainly didn’t anticipate Roosevelt, but they most likely designed the Constitution with concerns about scandalous characters like Trump.  Our 45th Chief Executive made his claim about an extended presidency last month at a conference of the conservative Israeli-American Council in Hollywood, Florida.  I’ve always found it oxymoronic – downright hypocritical, actually – that Trump bears such ardor for Israel and the Jewish people, while openly courting White supremacists.  But that’s a different subject.

The thought of Trump holding just one term in the White House was frightening enough three years ago.  That he could be elected to a second term is deeply unsettling.  That he could somehow forcibly remain in the office even one day longer makes the bloodiest horror films look like Hallmark greeting card commercials.

Yet Trump is delusional enough to believe that’s a real possibility, and he has plenty of supporters who would be comfortable with such a scenario.  Those of us who live in the real world understand this simply could not be allowed per that pesky 22nd Amendment.  Still, even some constitutional experts have surmised Trump might make such an attempt.  That would be reality TV at its worst!  Richard Nixon quietly left the White House, following an impassioned farewell speech to his staff, in August of 1974.  There were no guns blazing or hand grenades exploding.  Nixon and his family weren’t spirited out of the White House through a tunnel to avoid angry mobs of detractors.  The Nixons simply strolled onto the South Lawn, accompanied by newly-appointed President Gerald Ford and his wife, Betty, to Marine One.  The helicopter made the loudest sound of anything.  That’s how a peaceful transition of power occurs, even in the most dire and tense of situations.

With Trump, I can almost see him and his wife, Melania, scurrying through that tunnel in a setting reminiscent of Romania’s Nicolae and Elena Ceaușescu.  I honestly don’t believe it will ever come to that sanguineous of a climax.  Yet, I wouldn’t put it past the infantile Trump to grip onto the door frame of the master bedroom.

But, while Trump’s behavior can’t be taken too lightly, another aspect of the current American experience that definitely shouldn’t be dismissed is the effect Trump’s presidency has had on his faithful minions and the sentiments that put someone like him into office.  Decades of socially progressive behavior and legislation gave us Barack Obama and others like him; individuals who didn’t meet the traditional standard of those in position of power.  In other words, Obama and others weren’t White males.  Just a half century ago it was inconceivable that someone like Obama could ascend to the highest elected office in the land.  It was unimaginable that Nancy Pelosi would be the one banging the gavel in the House of Representatives.  Only a handful of visionaries thought it possible that Hilary Clinton could be a serious contender for the presidency, or that Pete Buttigieg could live openly gay AND serve in the U.S. military AND talk about having a “husband.”  People born, say, since 1990 have no idea what a vastly different world it is today than in the few years before their time.

Now, it seems the nation has digressed with Donald Trump.  Decades ago, Ronald Reagan aspired for America to return to a time before the 1960s messed up everything.  That was a simpler time for him and others just like him.  But it meant Blacks sat at the back of the bus; women sought nothing but marriage and motherhood; queers remained in the closet; and Native Americans languished as comical figures on TV screens.  The 1960s may have messed up the world for the likes of Reagan and Nixon, but it opened up the universe for everyone else.

As I marched through my junior year in high school, I began receiving phone calls from a man with the local recruiting office of the U.S. Army.  I believe I’d spoken to him at least twice, before my father happened to answer the phone one day; whereupon he politely told the man that I had plans for college and that he and my mother were determined to ensure I get there and graduated.  Just a few years later I’d openly stated I had considered joining either the Navy or the Marines.  And each time my father talked me out of it.  In retrospect, I understand why.

As a naïve high school student in the late 1940s, my father had been convinced NOT to take a drafting course and instead go for something in the blue collar arena.  “Most Spanish boys do this,” is how he quoted the female school counselor telling him.  My father liked to draw and – much like his own father – had the desire and talent for an architectural profession.  But he’d been talked out of it.  Because that was what most “Spanish boys do”.  College was for White guys.  Trade school and the military were for everyone else.

Years of struggle – working twice as hard for half as much – and assertive civil rights action had led America to the early 1980s, when I graduated from high school.  And didn’t have to join the military.  In the spring of 1983, I was sitting in a government class at a local community college, when the instructor asked, “What do we owe minorities in this country?”

Seated in the row in front of me was a young man who had graduated with me from the same high school.  I knew his name, but I didn’t know him personally.  Without missing a beat, he muttered, “Nothing.”

Only the few of us nearby heard him.  He was White, as was most everyone else seated on either side of him.  From my vantage point directly behind him, he looked angry; as if he’d been robbed of something that was rightfully his.

I finally spoke up and informed the class that “this country” owes the same thing to minorities that it does to everyone else: equality and fairness; “the right to life, liberty and the pursuit of happiness”, as prescribed in the Declaration of Independence.  I added, “Nothing more, nothing less.”

That one young man and the others nearby nodded their collective heads and looked at me, as if I’d said something unbelievably profound – which, to them, it may have been.

That level of total fairness and freedom hasn’t been easy.  But nothing so monumental as dramatic cultural changes are.  The Civil War, for example, ended more than 150 years ago.  Yet, some people in the Deep South of the United States still can’t let that go.  They still insist it was a war over states’ rights, not slavery.  They’ve been fighting that conflict all these years and they still haven’t won!

That’s a little of what Donald Trump’s presidency is all about: a bunch of old-guard folks wanting to maintain things as they were way back when.  And it’s just not going to work for them any longer.  The old White Republicans dominating the U.S. Senate disrespected Barack Obama as much as they could without making it too glaringly obvious.  They did everything they could to undermine his presidency and essentially failed at every step.  If anything, they only hurt the country and their reputations.

Social and political conservatives can’t return to an America of the 1940s and 50s any more than liberals can return to an America of the 1990s.  Memories are forever, but time marches onward.  It always has and it always will.  Trump’s presidency may be the final battle cry of the angry White male.

But we can’t go back to whenever.  Time continues.

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Trauma Nation

“Never let yourself be persuaded that any one great man, any one leader, is necessary to the salvation of America.  When America consists of one leader and 158 million followers, it will no longer be America.”

Dwight D. Eisenhower

From a political standpoint, this has not been a good week for the United States.  On Wednesday, the 18th, the U.S. House of Representatives voted to impeach President Donald Trump.  Trump now holds the dubious distinction of being only the third Chief Executive to be recommended for removal from office.  As much as I personally despise our Russian-elected president, I’d rather see him voted out of office next November than be forcibly removed.  It would be the single strongest message to Trump and his band of right-wing sycophants that their extremist ideology is of no use to the American populace.

But the impeachment process hints at a failure in our national leadership and puts the institution of voting into question.  As the oldest continually-functioning democracy in the world, the U.S. has always been a beacon of freedom; our constitution an enviable guide to how a nation should operate.  Our right to vote is a core element of our very national existence.  It’s the heart of our democratic soul.  The president of the United States is often deemed the leader of the Free World.  That other elected officials would seek to oust him from that pinnacle slashes at our democratic heart.

I’m old enough to remember Watergate.  Even people who considered themselves staunch conservatives had to concede that President Richard Nixon was as crooked and devious as his detractors made him out to be.  On the night Nixon announced his resignation, millions of Americans tuned into the live broadcast.  Afterwards there was no sense of real jubilation.  As the nation inched closer to its bicentennial, most people – including my parents – felt sad.  When Nixon left the White House, the transition of the office occurred at the tip of a pen, instead of the barrel of a gun.  After all, we didn’t live in a third-world society.  No tanks, no bombs and no bloodshed.  Still, Americans asked, how did we get to this point?

I definitely recall the Clinton impeachment fiasco.  My brain and body became flush with anger at the self-righteousness of the Republicans Party.  They had done everything to undermine Bill Clinton’s presidency – even before he won the Democratic Party’s formal nomination.  And they failed.  Their bloodthirsty overreach extended shamelessly to the president’s secretary and the mother of the woman who kept that infamous blue dress.  They paid the price for their arrogance in the November 1998 midterm elections.  They lost their super-majority in both houses of Congress.  Conversely, the Democrats gained seats; the first time the same party as the president attained positions in the House and the Senate in a midterm election since 1942.

And now, here we are – for the second time some twenty years – at the threshold of usurping the leader of the Free World.  How did we get to this point?  As I wrote in an essay two years ago, impeachment should not be taken lightly.  Neither politicians nor average citizens should become obsessed with it.  A sanguineous mindset traumatizes the national soul.

With the term “impeached” now added to the title of President, Donald Trump’s place in political history has been secured – unpleasantly and distastefully carved into the American psyche.  He cannot escape it.  Deny it, yes, as his narcissistic persona is already doing.  But – like the sky – it’s ubiquitous and unmalleable.

How painful for this nation.

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Retro Quote – Barbara Jordan

“If the society today allows wrongs to go unchallenged, the impression is created that those wrongs have the approval of the majority.”

Barbara Jordan

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Worst Quote of the Week – November 8, 2019

“Just read the Transcript.  The Justice Department already ruled that the call was good.  We don’t have freedom of the press!”

– Faux-President Donald Trump, regarding his call with Ukrainian President Volodymyr Zelensky, the source of his current impeachment inquiry.

Here’s a much-needed refresher for Trump and other right-wing extremists.  The First Amendment to the United States Constitution guarantees:

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Best Quote of the Week – September 27, 2019

“The actions of the Trump presidency have revealed the dishonorable fact of the president’s betrayal of his oath of office, betrayal of our national security and betrayal of the integrity of our elections.  Therefore, today, I am announcing the House of Representatives is moving forward with an official impeachment inquiry.”

– Nancy Pelosi, Speaker of the U.S. House of Representatives, initiating impeachment proceedings against President Donald Trump

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If Being Liberal Means…

Here in Texas, as well as in other predominantly conservative regions of the United States, the term “liberal” is equal to demonic.  Personally, I consider myself a political and social moderate – which, to most conservatives – still means liberal.  Anything to the slightest left of the small-minded rhetoric of right-wing, Judeo-Christian ideology is blasphemously liberal.  But, as you surely know by now, I deplore being placed in boxes to suit other people’s needs and desires.  Those who have dared to always end up with a rectal thermometer-style rebuke from me.  Their rules don’t apply to me.

But, for the past 30 years, liberals have allowed themselves to be defined by the opposition.  They’ve hidden their true sentiments about politics and social order within the lockboxes of their minds.  Outspoken liberals have been relegated to the coastal U.S. and urban America.  Thus, they are viewed as elitists and globalists; cretins who dismiss the notion of “American exceptionalism” (whatever the hell that’s supposed to mean).

In truth, liberal means educated and open-minded; compassionate and understanding.  I’m steadfast in my own outlook and opinions.  Overall, I’m just left of the center, which – again – means extremist, bleeding-heart, bed-wetting liberal to the right-wingers.  They can call me whatever name they wish, if it makes them feel empowered in their MINI Cooper of a mind.  I’ve endured worst name-calling grade school.

But, if being liberal means…

  • I believe true freedom begins with free speech and the right to vote and not with a gun.
  • I believe the United States was founded on religious freedom and separation of church and state and not Judeo-Christian beliefs.
  • I don’t believe White males have all the answers.
  • Europe is not the foundation of civilization.
  • I read more than the Christian Bible and a TV guide.
  • Men and women possess different attributes, but are still equal
  • The human race is really the only race on Earth.
  • There is life beyond this planet.
  • Industrial enterprises don’t have the right to profitably pollute the environment.
  • Queer people aren’t diabolically dangerous.

…then you can call me a liberal.  I call myself a human being with my own thoughts and opinions.  And I don’t have to run any of these by other folks, just to get their approval.

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Remind Them of This

As the 2020 elections approach – almost too quickly – here in the U.S., I’m almost amused at the thought of who’s going to grab the Democratic presidential nomination and how they will combat (faux) President Donald Trump.  Key word here – almost.  A lifetime of watching political battles rage across the media spectrum and nearly three decades of making every effort I could to register my own vote, along with discussing a variety of issues with family, friends, coworkers, gym partners and strangers, have perhaps left me cynical and jaded.  I feel that usually happens once you get past the half-century mark in birthdays.  Not only is my body now wanting to lead a life of its own, so is my mind.  Can I get a new persona?

But, despite the anguish and frustration, I realized something crucial a while back.  Every election cycle candidates for whatever office rushes out to visit potential constituents; shaking hands, kissing babies (born or unborn), eating virtually everything that approaches their lips, and – of course – dishing out a cadre of promises.  Then, as often happens, they get into that designated office and find out it just doesn’t work out that simply.  So they disappoint us and shove their spokespeople and p.r. reps before our faces to explain why things didn’t go as planned.  So, what’s new this year?

Nothing, really.  Yet, I know THEY seek our votes for a certain high-profile position and – if elected – they will get paid with OUR tax dollars.  Ultimately, THEY work for US.  We DON’T work for them.  WE employ them, in fact, based upon their qualifications for the job (in theory), and THEY are assigned specific duties, according to that particular role.  These are not full-time, permanent roles for them; they are CONTRACT jobs.  In other words, they are nothing more than glorified TEMP WORKERS.

Whether it’s the U.S. presidency, a governorship, a judgeship or a spot on a local school board, they present themselves to us as job candidates and ask to be hired.  WE, the People, analyze their skills and experience and make our decisions afterwards.  We are charged with the complex responsibility of assessing their viability for the job and choosing whether to grant them that role.  In all cases, the majority rules; regardless, WE, the People, are essentially their employers.  Again, the salaries for those positions comes out of our tax dollars.

They are contracted out for an X period of time, and when that term is up – if they’ve chosen to continue – WE, the People, review their job performance and decide if we want to renew their contract.  We look at what they’ve done and how they’ve handles themselves during their tenure.  Both work performance and attitude matter equally.  As with the initial hiring process, the majority rules.  So, while some of us may be thrilled to see the official re-hired, many among us aren’t.  Sadly, that’s just how it is.

These election events are always difficult and frustrating.  It’s not that they can be difficult and frustrating; they ARE difficult and frustrating!  Things don’t always turn out clearly.  Evidence: the 2016 U.S. elections.

And no official in their right mind (and understand many of them aren’t from the very beginning) will take their contract renewal for granted.  Evidence: the 2018 Senate race here in Texas.  Republican Junior Senator Ted Cruz almost lost to Democratic opponent Beto O’Rourke.  Cruz had coasted easily to his 2012 maiden run and perhaps assumed last year’s contest would be equally undramatic.  As I always love to see happen to such arrogance, Cruz assumed wrong and won by literally a handful of votes.

It is such an unpleasant task to sort through the chaos and the rhetoric and determine who is best equipped for that designated position.  But it is what We, the People, have to do to keep our society functioning properly and soundly.  Democracy is one thing that can’t be automated.

Just remember, my friends, the people who run for office are asking for our votes.  That simply means THEY work for US.  We, the People, hire them and we can fire them.  They all have to remember that.  But so do we.

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Amend This

After more than four decades of watching American politics in action – I’m old enough to remember Watergate – I’ve come to realize the U.S. Constitution is a fluid document.  It’s more of a guide than a text carved into stone or marble.  That’s why it’s been amended 27 times over the past 240 years.  Therefore, as a devoted yet concerned citizen (meaning, pissed off at the crappy way things are going), I propose 3 additional amendments to the U.S. Constitution:

Amendment XXVIII

Note: This Amendment affects Section 1 of the 22nd Amendment.

Section 1: No person shall be elected to the Office of the President more than once, and that term is limited to six (6) consecutive years.

Section 2: If the Vice-President, or any other designated official ascends to the Office of President within one (1) calendar year from the day the originally elected President is sworn in, that person will be able to serve as Chief Executive only for the remainder of that particular term.  That person will not be allowed to seek election as President on their own.

Section 3: If the Vice-President, or any other designated official ascends to the Office of President within no less than one (1) calendar year and one (1) calendar day from the day the originally elected President is sworn in, that person will be able to serve as Chief Executive only for the remainder of that particular term.  That person will then be allowed to seek election as President on their own for only one term of six (6) consecutive years.  Therefore, the longest any one individual can serve as Chief Executive is one (1) calendar day short of eight (8) consecutive years.

 

Amendment XXVIIII

Section 1:  All candidates for the Office of President who enter the first primary in their respective field will be subjected to a mandatory physical exam by an independent, non-partisan medical professional selected by the current Surgeon General.  The results of this exam will be made public no more than one (1) calendar day after that initial primary election.

Section 2:  All candidates for the Office of President who enter the first primary in their respective field will be subjected to a mandatory psychological exam by an independent, non-partisan medical professional selected by the current Surgeon General.  The results of this exam will be made public no more than one (1) calendar day after that initial primary election.

 

Amendment XXX

Candidates for the Office of President must submit their financial records, including tax filings, to both Houses of the U.S. Congress within ninety (90) calendar days from the day they announce their candidacy.  Failure to comply within the allotted period will result in automatic disqualification from the election process.  That person will not be allowed to resume their candidacy, but will be allowed to seek the Office of President for the next appropriate election.  That person will then be subjected to the same protocol set forth in this Amendment.  Failure to comply within the allotted period for a second time will result in both automatic disqualification from the current election process and forbiddance from seeking the Office of President or the Office of Vice-President at any time in the future.

 

Please let me know what you folks think!  We, the People, must take more and better control of our nation’s leadership – just as our Founding Fathers (and Mothers) intended.

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Thank You, President Obama

President Barack Obama is photographed during a presidential portrait sitting for an official photo in the Oval Office, Dec. 6, 2012.  (Official White House Photo by Pete Souza)

“Before I leave my note for our 45th president, I wanted to say one final thank you for the honor of serving as your 44th.  Because all that I’ve learned in my time in office, I’ve learned from you. You made me a better President, and you made me a better man.”

President Barack Obama, January 19, 2017

President Obama, today you officially leave the White House and reenter life as a (somewhat) private citizen.  After an incredible, yet curious, eight years, you leave a unique legacy to a nation that challenged you both professionally and personally.  From my vantage point as an average citizen, I feel you did as best you could do.

First, you took on the most difficult job anyone could have: proverbial leader of the “Free World.”  It’s a position riddled with dichotomies: intensely powerful and emotionally draining; prestigious and notorious; riveting and excruciating; honorific and horrifying.  With a glaring tone of schizophrenia, it’s not so much a job as it is a role.  Chief Executive of the United States of America stretches across the horizon of humanity.  No wonder you leave office looking decades older than when you first arrived!

Second – and perhaps most important – you took on this task at the start of the worst economic crisis since the Great Depression; when we straddled two wars that left us enraged and tired; when the richest, most powerful nation on Earth suddenly had to question its future in relation to its past.  And you did it with members of the opposition who awoke each day more determined to destroy you than to ensure the nation’s success.

Your life story is fascinating.  Here you are – born of a Black immigrant father who abandoned you almost from the start and a White teenage mother who nurtured you as best as her young age would allow, but who would never see your rise to fame – one individual beginning life under such duress.  You attended Columbia College where you majored in political science and English literature.  You moved on to Harvard University, one of the most prestigious institutions of higher education and one of the most difficult to access.  You were then president of the Harvard Law Review.  Before that, though, you were a student at Occidental College in Los Angeles where a hint to your political ambition became apparent in a speech calling for the college to sever its investments in South Africa.  None of these are small achievements.

As president, you helped to salve the damage of the Great Recession with investments in an economy that created 11 million new jobs; the longest such streak on record.  Unemployment is now down to pre-recession levels.  With exports up by 28% and a deficit cut by $800 billion, the stock markets have nearly tripled, the auto industry is flourishing again, and our reliance on foreign oil stands at a 40-year low.  High school graduation rates increased substantially, and Pell Grants doubled.  Your administration instituted new federal student loan payment plans; established a Consumer Financial Protection Bureau; put in place a new mortgage refinance program; passed a Patient’s Bill of Rights; extended protection for land and water resources; and placed limits on carbon pollution.

If I have any grievances regarding your record, they are few, but noteworthy.  I personally don’t care for the Affordable Care Act, as it presently stands.  You and your fellow Democrats seemed to spend too much time designing and implementing this law, instead of focusing even more time and energy on the economy.  Americans certainly don’t need another tax, when they’re having trouble finding stable employment!  I was also disappointed in your response to threats by your Republican colleagues to withhold benefits for the long-term unemployed at the end of 2010, if you didn’t agree to maintain the Bush-era tax cuts; the very items that shoved the nation into economic jeopardy shortly before you took office.  I believe you had the executive power to force the dreaded tax cuts to expire as originally scheduled and further ensure benefits for those hapless citizens – people you rightfully deemed “hostages” – remained in place.  There were other down moments: “Operation Fast and Furious” and the Benghazi tragedy, in particular.  These episodes may haunt you, but they don’t define you.

You withstood the worst personal attacks on any public official I’ve ever seen.  From vicious protests by a band of (all-White) conservative students at Texas A & M University to a South Carolina congressman shouting “You lie!” in the midst of your first State of the Union address (something that had never happened before); the Arizona governor jutting her crooked finger into your face and later claiming you intimidated her; and finally to the asinine “birther” movement propagated by the incoming president, you’ve endured extreme social and political animosity.  As someone who began following U.S. politics with the Watergate scandal, I can say with 100% certainty that I’ve never witnessed such levels of verbal barbarity and recalcitrance as what your Republican counterparts slung at you.

It’s obvious you tried to restrain your frustration; fighting through the muck of political swamp water.  But I still wish you had simply gotten ugly with these clowns.  With each personal assault, I kept wishing you’d strip away your professional comportment momentarily and bring forth the worst parts of your personality (the kind that exists in all of us); the nigger and / or redneck sides of you – all in a concerted effort to try to communicate with your adversaries.  They didn’t like you anyway.  Nothing you did or said could possibly satisfy their pathetically myopic attitudes.  If you tried to negotiate and compromise, they dubbed you weak and ineffective.  If you dared to raise your voice and talk back to them, they declared you uppity.  You couldn’t win no matter what you did.  So, why remain polite and dignified all the time?  Yes, I realize that’s not your nature.  But, in dealing with arrogance and outright stupidity, you occasionally have to jump into the gutter with those fools, merely so they can understand you.  I’ve had to do just that in my own professional life and I always hated it.  I despised dumbing down my intellectual capacity just to get my point across.  It’s nasty and painful to we intellects who understand the value and necessity of good dialogue.  But, like cleaning a dirty toilet in your bathroom, sometimes you just have to behave in such a manner to get things done.

And, despite the blatant, unapologetically crude and juvenile behavior your opponents exhibited, you tightened your lips, held your head high and kept your back straight.  You let your emotions show on only a handful of occasions; mainly when yet another deranged gunman rained terror on unsuspecting innocents.  In other words, you allowed the true nature of your humanity gush forward when it really mattered.

Your poise and demeanor are unmatched among modern-day public servants.  You and your beautiful family are emblematic of grace and class.  Mrs. Obama, in particular, displayed personal charm and studious refinement; more so than all four of her predecessors combined.

In 2012, I published an essay on this blog entitled “Barack Obama – The Unintentional Martyr”; where I highlighted that your professional troubles were a predictable, almost unavoidable evil; a grueling necessity to compel America to hold up to its promise of dignity and equality for all citizens.  You paved the way for future candidates who won’t fit into the pre-ordained mold of what an American president should look and sound like.  I suspect if your father had been born in Europe, Canada or even Australia, no one would have questioned your citizenship or your legitimacy.  But he was from Africa – the “Dark Continent” – that massive region of Earth that is the birthplace of humanity and whose indigenous peoples had the audacity to expel a cavalcade of brutal European colonists and – gasp! – demand they be treated with the proper deference naturally due to them as human beings.

I understand the hate that a mixed ethnic background incurs from the cerebrally- challenged.  I’m White (mostly Spanish, but also one-quarter German) and Mexican Indian.  I tell some people I’m justified in criticizing middle-aged White guys because…well, I’m one of them; while I told others who didn’t care for you to just vote for the “White Obama.”  My ancestry in the state of Texas extends back to a time before the Mayflower pilgrims had even begun making travel plans.  I celebrate my complex heritage because it ultimately spells A-M-E-R-I-C-A-N.

Unfortunately, future history-making presidents will have to face the same barrage of disquieting irreverence: the first female, Hispanic, Asian, Native American, Jewish, Muslim, Hindu, Wiccan, atheist, or gay / lesbian Chief Executive.  All of them will have their character questioned and their birthright authenticity shredded by those who think America’s sacred promise of opportunity and equality actually applies only to them and their ilk.  These prospective White House occupants will be forced to prove their place in this great American society is not defined by other peoples’ ideals.

Sadly, you leave office – and the fate of the nation – in the lap of a maniacal, temperamental, foul-mouthed, proudly bigoted oaf; a cretin who holds no qualms in lambasting anyone who is the least bit different from or disagrees with him, yet seethes about the most diminutive of sleights.  He has single-handedly reduced the prominence of the U.S. presidency to 140 character rants.

I’m trying to imagine you entering the White House with a much-younger third wife for whom you left your second wife.  My brain cramps as I try to envision you standing before a crowd of thousands demanding they pummel a dissenter into the ground.  I can only wonder the reaction you’d get telling a mass of financially-struggling Appalachian Whites, “What do you have to lose?”

I will miss you, Mr. Obama, along with your eloquent words and unimposing determination to make the United States live up to its full potential as a nation for all people.  You can rest now, my good man; start building your library; await the days you become a father-in-law and a grandfather; and – above all – get some sleep!

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The Original Antonin Scalia

antoninscalia4b

U.S. Supreme Court Justice Antonin Scalia died in his room at the Cibolo Creek Ranch, a luxury resort in the Big Bend region of West Texas last weekend. The ranch is in such an isolated locale that it took hours for local officials to find a justice of the peace to make an official ruling on Scalia’s death. Finally, Presidio County Judge Cinderela Guevara arrived on the scene and made the declaration without viewing Scalia’s body and without ordering an autopsy, both of which are permissible under Texas law.

Scalia is the 35th U.S. Supreme Court justice to die while still in office, and the fourth to die during a presidential election year. An icon to social and religious conservatives here in the U.S., Scalia was one of the most colorful characters to occupy the nation’s highest judicial bench. He was as brilliant as he was combative. His quirky sense of humor and brutal honesty illuminated the halls of what had always been considered a stodgy realm.

I recall, during the debate over the 2000 presidential elections, attorney Joseph Klock – arguing on behalf of the state of Florida – embarrassed himself by confusing some of the Supreme Court justice’s names. “For the record,” Scalia told Klock, before questioning him, “I’m Justice Scalia.”

I have to respect Scalia for his knowledge of the law and his willingness to take a stand for his own principles. People who rise to that level within the judiciary maze aren’t the same ones who handle traffic tickets. They are, instead, the most genuine of intellects; the folks who interpret the law when others can’t reach a mutual understanding. They are extraordinarily cerebral and steadfast in their beliefs; incredibly insightful and charming; and – in some cases – dangerous.

Aside from his wit and biting criticisms, Scalia is known for the concept of “originalism” or “textualism” regarding his view of the U.S. Constitution. He openly scoffed at the idea it was a malleable text; instead calling it a “dead document,” as if it had been dipped in amber – like a prehistoric butterfly – and encapsulated in its own perfection. It was not subject to interpretation from its authors’ descendants; lest its structural integrity be cracked and subsequently destroyed.

But, if the U.S. Constitution is a “dead document,” is it still relevant? Purposeful? Necessary? More importantly, if it’s dead, why has it been amended 27 times? I view the Constitution as either a dictionary, in that words are periodically added to it; or as a standard operating procedures manual (SOP), in that procedures are changed in accordance with technological advances. The term “Internet,” for example, didn’t exist a half-century ago, so a Merriam-Webster dictionary published in 1966 wouldn’t feature that word. Similarly, a SOP composed in 1966 for a bank wouldn’t describe the process of scanning paper documents into digital images because such a procedure hadn’t been devised yet. Someone somewhere may have thought of it, but that person was probably a nerdy type ensconced in a basement or a garage.

Aside from painting and writing, there were no audio or visual recording devices when the Constitution was written. Although the concept of photography was devised as early as the 11th century C.E., the first practical photograph was roughly a half-century and an ocean away from being taken by the time of the U.S. Revolution. The first sound recording was almost one hundred years in the future. Therefore, it’s difficult to infer what the Constitution’s framers meant exactly with their verbiage.

As devout Roman Catholics, Scalia and his wife, Maureen, didn’t believe in birth control and had nine children. One of them, Paul, decided to “take one for the team” – in his father’s words – and join the priesthood; thus becoming a conduit to one of the most violent and oppressive institutions on Earth. Like its conspirators, Judaism and Islam, Roman Catholicism (actually, all of Christianity) declared itself the model for humanity centuries ago and set out to conquer and annihilate people it deems heathens. Thus, it commands people to procreate (pollute) the world with their bodies and their toxic ideologies. Every time I think of that “go forth and multiply” biblical shit I think of the late Mother Teresa; the Romanian nun who infiltrated the starving masses of India and announced that she would care for any bitter soul and broken body who came her way; never realizing that the best way to prevent such misery is…oh, maybe teach women to be empowered by keeping their legs crossed, or telling men every erection doesn’t need to produce a child who ultimately can’t be fed and clothed.

Scalia often tried to force his ardent religiosity onto others; his personal beliefs rearing its ugly head in one of the most cumbersome issues of our time: abortion. In eight different opinions, he noted the U.S. Constitution doesn’t mention the term “abortion” and therefore, women had no right to it under constitutional concepts.

“You want a right to abortion?” he asked. “There’s nothing in the Constitution about that. But that doesn’t mean you cannot prohibit it.” His reference was that abortion laws should be left strictly up to individual states. He dubbed the legendary Roe v. Wade case an “absurdity,” adding that the Constitution’s 14th Amendment doesn’t guarantee equal protection for women when it comes to the subject of abortion. That’s congruent with the Christian biblical commandment of “Thou shalt not covet thy neighbor’s wife,” which – if you read the entire passage – actually begins with “Thou shalt not covet thy neighbor’s house,” and everything in it; including said neighbor’s “manservant,” “ox” and “ass.” The Christian Bible, along with the Judaic Torah and the Islamic Quran, considers anyone with a vagina (and many with penises) property – akin to houses and donkeys. The U.S. Supreme Court itself was purportedly designed with Christian theology in mind.

Scalia possessed equal animosity towards homosexuality. In another landmark ruling, Lawrence v. Texas, denigrated the right to sexual relations between consenting adults of the same gender by comparing it to…flagpole-sitting.

“[S]uppose all the States had laws against flagpole sitting at one time, you know, there was a time when it was a popular thing and probably annoyed a lot of communities, and then almost all of them repealed those laws,” Scalia asked the attorney fighting the Texas law. “Does that make flagpole sitting a fundamental right?” His hate for gays and lesbians was so intense that he did something Supreme Court justices rarely do when they write their opinion: he stood and read it himself in the Lawrence case.

He also used the tired old right-wing mantra of comparing homosexuality to murder in Romer v Evans. “Of course it is our moral heritage that one should not hate any human being or class of human beings,” he wrote. “But I had thought that one could consider certain conduct reprehensible – murder, for example, or polygamy, or cruelty to animals – and could exhibit even ‘animus’ toward such conduct. Surely that is the only sort of ‘animus’ at issue here: moral disapproval of homosexual conduct[.]”

But, despite his brilliance, Scalia proved how underhanded he could be in 2004, when he handled a case involving his old college buddy, then-Vice President Dick Cheney. In 2003, Judicial Watch and the Sierra Club sued Cheney for access to information regarding his clandestine energy task force meeting in 2001. A Washington, D.C., district judge ruled that the two groups had the right to know who was present at the meeting, in accordance with the 1972 Federal Advisory Committee Act. Cheney rebuffed the demand and took it to the Supreme Court; whereupon the matter ended up on Scalia’s docket. Shortly before that, however, Scalia and Cheney went on a duck hunting trip together in Kansas, with the jurist riding in the Vice-President’s plane. Such a close relationship smacked of impropriety and bias, but that certainly bothered neither Cheney nor Scalia.

“It did not involve a lawsuit against Dick Cheney as a private individual,” Scalia said. “This was a government issue. It’s acceptable practice to socialize with executive branch officials when there are not personal claims against them. That’s all I’m going to say for now. Quack, quack.” Yes, he really did say that, “Quack, quack,” which is essentially giving the middle finger to the concept of impartiality and judicial integrity.

Scalia’s innate bigotry glowed again in his opinion regarding a recent affirmative action case, Fisher v. University of Texas-Austin. Referencing some obscure amicus brief, Scalia said that “it does not benefit African-Americans to – to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less – a slower-track school where they do well.” He argued that “most of the black scientists in this country don’t come from schools like the University of Texas.” Talking like a psychic-medium, he declared, “They come from lesser schools where they do not feel that they’re – that they’re being pushed ahead in – in classes that are too – too fast for them.”

Translation: niggers are too stupid to go to big-time universities. He might as well have said the same about Hispanics and Native Americans. It’s amazing, though, in the 21st century that some people still possess such idiotic views. But, then again, the Word War II generation and those who did everything they could to halt the advance of civil rights haven’t all died out yet. They lost one of their own in Scalia. Good riddance.

Scalia made history as the first Italian-American on the U.S. Supreme Court. Several years ago I read an editorial about jury selection in 1950s-era Dallas County, Texas, which bore this statement from then-Assistant District Attorney Bill Alexander: “Do not take Jews, Negroes, Dagos, Mexicans or a member of any minority race on a jury, no matter how rich or how well educated. I may like these people, but they will not do on juries.” The term ‘dago’ refers to Italians.

I find it ironic that Scalia lied in state on the same day as author Harper Lee died. Lee’s “To Kill a Mockingbird” remains a classic of American literature; a book that dealt brazenly and unapologetically with the subject of racial injustice. Regardless of what one thinks of him, Antonin Scalia carved a deep impact into the consciousness of American society.

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