Category Archives: Enough is Enough

Gotcha O. P.

Drive thru voting in Texas

For centuries our common law has rejected ex post facto laws: we do not invent punishments or restrictions to apply to acts already committed. If we decide that lawn mowing is unacceptable on Sundays and make a law against it, the law is enforceable from that point forward but not retro-actively, against my neighbor whose mower interrupted my nap a week a go.

Two clauses in the United States Constitution prohibit ex post facto laws:

  1. Art 1, § 9
    1. This prohibits Congress from passing any laws which apply ex post facto.
  2. Art. 1 § 10.
    1. This prohibits the states from passing any laws which apply ex post facto.

But the actions contemplated by the Republicans in Texas would require a retroactive judicial decision in their favor. The principle of ex post facto prohibits legislatures from passing laws which retroactively criminalize behavior. That is however just a minimum standard. Wlhile this prohibition does not attach as stvia legislated language to judicial decisions, appellate courts sometimes announce a new rule of law, but will not apply it to the case in front of it, in order to attempt to comply with ex post facto prohibitions.

The norm in the US is and always has been no ex post facto laws or judgments. Period. It is so well known that in cases involving ex post facto, the ruling judges do not even need to cite the paragraphs of the Consitituion and the existing practice of upholding the norm.

That is an inviolable sine aus non of Anglo American common (judgment practice inherited from the past) law.We do not use legal gotchas.

So then how do Republicans reconcile trying to exclude write in votes retrospectively and the rule of law? They have known that write in ballots were in the offing and had been approved by Srares. They should have challenged before voting began not ex post facto, retroactively.

Has our judiciary finally become intrumpKate’s with the key foundation of all authoritarian governments: that the most powerful is always right, that might makes right? Are we as a nation finally throwing in the towel on the difficult debate and dialogue of democracy in favor of the oppressive but simpler toe-the-line deep freeze of autocracy?

Judicial prohibition of those Texas drive in votes means that we no longer have a judiciary of rights, It woujld mean that ours has collapsed into a Judge Freisler (Nazi showtrial judge) system of mock courts. It will mean that anything the autocrat or a loyal Trumpionette does not like about you and me can be made criminal and punished, with no defense, and without due process.

And it will not be just cutting your grasss that will be shut down: it will be anything that Trump and his Trumpionettes do not like about our involvement in this election I. Or about whatever Donnie loudmouths about, changing often from sentence to sentence. You could not even run a garbage pickup service that way, let alone a nation under emergency Pandemic threat.

Has the GOP finally completed the petrification process from Lincoln to Loudmouth, from Grand Old Party to Gotcha Oppression Party? Is the judiciary now a Trumpionette show too? Have we deteriorated into a nation under Trump instead of one under law?We had better hope not.

Amerika/America, du hast/you had….

We are nowhere near the end of the Trump-thumping we are taking.. We are not at the beginnig of the end, nor the end of the beginning.  We may be at the start of the beginning.  And that makes it all even more sad and urgent.  We have already lost so much; it is such a great shame.

Towards the end of his life, the great German poet, scientist, lawyer, statesman etc;, Johann Wolfgang von Goethe (1749-1832) became very enchanted with the energy, robust freedom and lack of a haunting past in the young American Republic.  During those later years he wrote the following poem (here in English translation praising and expressing an important hope about us and  our republic:

(If you want to know more about who Goethe was, read my post “Who is this guy Go-ee’-thee (Goethe)?

Amerika du hast es besser

America, you have it better

Than our old continent.

You have no tumbledown castles

And no basalt deposits.

Your present is not disturbed deep down by

Useless remembrance and vain strife.

Use the present with good fortune!

And if your children write poetry,

May a kindly fate guard them from writing

Stories of knights, rascals, and specters.

http://www.bachlund.org/Amerika.htm

 translation by Marilyn Barnett

One of DT’s first targets for negation remains our fragile, wilting ecosystem.  We must get it back under control —and fast—.  Before DT touched nature with his cold, dead hands, an annual reduction of atmospheric hydrocarbons by 2% would have saved us-but we were barely making that. Now after he has negated our environmental protection, the yearly target for a timespan 4 years shorter than in 2016 is 5%.  And we had been barely eking out a scrawny 2%…. If we fail now, there will not be a second chance, the resulting inhospitable, lethal climate will make this planet uninhabitable.

Let us remember the hopes and faith that so many had for us so many years ago.

But we can only get to the end of the beginning by accepting without filtering where we are today. That’s the first step.

To that end, today Goethe’s hopeful poem could only be written something like this:

Amerika, du hattest es besser…

America, you had it better

Than our old continent.

But you failed to save your forests and oceans, 

You permanently poisoned pristine waters.

Shame! your present is blighted by leaders of

Useless remembrance and vain strife.

You misused the present in bad faith!

And your children will never write verse,

Condemned by drudge lackeys and their bumbling boss, to

end with a whimper: 

as nature winds down in reverse..

Where indeed have all the flowers gone, long time passing? How much pain must good men endure, before they throw off this yoke?

  

Beyond the Divide

The announcement by DJT that the US is leaving the Paris Accords takes this repugnant regime and the rest of the US from the frying pan and into the fire.

As usual, his facts are wrong.

As usual his conclusions are wrong.

As usual his party is wrong.

As usual, this is what Scott Peck called evil: being unwilling to exert energy unconditionally on behalf of other people.

He is living proof of the German adage that stupidity will never become extinct.  But what should one expect from a spoiled brat whose parents protected him from the consequences of his boyhood bullying, who evidently was totally immune to learning during his educational years and whose lawyers and aggressive behavior have protected him from knowing what an unmitigated disaster he has been all of his malignant live?

Is this just a political difference of opinion?  Absolutely not.  It represents greed,  ideology and oppositional thinking (being against things to be against things in the erroneous belief that opposition is somehow strong) blinding decision makers to reality.  It is in short, disastrous denial and terminal uniqueness.

Climate change is real and 194 nations on this ailing planet agree.  194.  So that leaves Generalissimo Trump and his Repugnikan cohorts gleefully thinking that they are the only soldiers in step in the army.

This destroys American leadership in the world of democracy.  This destroys American initiative, creativity, determination to dominate the world in the future of energy production.  And it won’t come from oil or coal.  Even some of the oil companies refuse to support DJT in this evil insanity.

This is the macro-economic equivalent of wanting to deprive millions of Americans of health care.  Think through all the twists, turns and jumps and jerks of any part of this bully’s behavior and you must wind up at only one conclusion:  this is just plan evil in power.  Its what in Faust the Devil called himself:  the spirit who constantly negates. This is what M Scott Peck called evil:  the unwillingness, perhaps even inability, to do anything for the benefit of anyone else without condition or thought of reward or recognition.  Perhaps it is so utterly blatant that many cannot see it, but it is there nonetheless.

So this has now finally placed us at that place where the divide, until now still at least theoretically bridgeable by civil dialogue, is too great to bridge.   Civil dialogue with the morally bankrupt, know nothing bullies in the Repugnikan Party and anyone who even remotely supports them, is a waste of our time from now on.  As the kids said in the 1950s, we are cruisin’ for a bruisin’.  Except that there is no mirth in this at all.  This will do for our economy what the Repugnikan version of health management will do for our health:  undermine it.

Time to take off the velvet gloves and hit back as hard as we can —  plus 10% just to be sure.  The line has been drawn.  We are indeed beyond the divide.