Vote for Democracy #32
Under the United States Constitution and laws, Congress appropriates funds and the president and executive branch spends those funds as Congress has directed – and Trump and his administration need to do this or resign because they are breaking their oaths to uphold the Constitution.
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Vote for Democracy #28
The Equal Rights Amendment
There is always a flurry of activity in the last few weeks that a president is in office, with various declarations, awards, pardons/commutations, executive orders, rules, and other summations being offered and Joe Biden has been actively engaged in this.
On his last full day in office, I’d like to highlight one in particular, the declaration that the Equal Rights Amendment is the 28th Amendment to the United States Constitution.
I’ve been waiting for this for my entire adult life.
When Congress passed the Equal Rights Amendment in 1972, it put a time limit on its ratification by the states, 38 of which had to vote in their legislatures to reach the constitutionally required three-fourths of the states. However, this limit was not part of the amendment itself. In 2020, Virginia became the 38th state to ratify the ERA, so it should have been recognized and added to the Constitution at that time. Lawrence Tribe and Kathleen Sullivan explain all the legalities in this piece in The Contrarian.
Many legal scholars and organizations have been working on this issue. In particular, I would like to raise up Carrie Baker, a distinguished faculty member at my alma mater, Smith College, for her legal and journalistic skill in advocating for the ERA.
I have no doubt that there will be a flood of lawsuits, claiming that the Equal Rights Amendment is not in effect, either because of the original Congressional advisory deadline or because several states have said they want to rescind their ratification. However, states have never been allowed to rescind ratification and amendments remain open for ratification in perpetuity. For example, Mississippi did not ratify the 1865 13th Amendment abolishing slavery until 1995 and their vote wasn’t certified until 2013.
I hope that having the Equal Rights Amendment in the United States Constitution will help protect the rights of everyone, especially women and girls. This is especially important now when some states are denying health care to women and even trying to restrict their ability to travel.
When new democracies form around the world and the United States is assisting in writing constitutions, the US insists that equal rights for women be included. It’s fundamental to civil and human rights. I’m glad that it is now part of our Constitution, which should strike down discriminatory state laws. It will also align with many of our state constitutions that already include equal rights in regards to gender.
With so much else going on in the United States and the world right now, this momentous news has flown a bit under the radar. I’m hoping that it will be embraced and followed by all the people.
Its text is very simple. The 28th Amendment states:
Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
Yes!
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a political fantasy
(Photo by Lucas Sankey on Unsplash)
As I watch with growing alarm the parade of unqualified and corrupt cronies that DT is nominating for his administration, I have started to indulge in a political fantasy regarding Congress.
As has become more obvious with each passing day, DT is planning to grab all the political power possible to make money for himself and his already exorbitantly rich cronies, to cut government services for the citizenry, and to keep Congress and the courts from checking him.
The Republican majorities in both houses of Congress are very slim, so it will only take a small number of members to keep the Republicans from enacting legislation that DT demands.
During part of the Andrew Cuomo administration in New York, the State Senate swung from many years of being majority Republican to majority Democrat. However, several Democratic senators formed their own independent caucus, resulting in the Republicans still being able to maintain majority control.
I call on all Republican members of Congress who are non-MAGA and care about our democracy and governing for the good of the people to establish a caucus independent of the Republicans. Even if there were only a handful in each house willing to do this, it would give control of legislation to the Democrats and prevent gutting Social Security, our health care system, government services, and our tax system. It would also make it more likely that the Senate would reject DT’s nominees for positions that are meant to destroy the departments or agencies that they would head.
Maybe they could be called the Constitution Caucus. Or the Independent Conservative Caucus. Or the Protect Democracy Caucus. Or the Political Courage Caucus.
Whatever they chose to call themselves, they could join with Democrats to craft and pass reasonable budgets and legislation and keep the United States from degenerating into a kleptocracy, plutocracy, autocracy, oligarchy, or any of the other forms of government that are threatening us.
The United States Constitution established a federal democratic republic.
Congress needs to fulfill their duties to keep it.
It’s time for Republican members of Congress to step up and take a stand for the Constitution and the American people. While it’s true that these members could be primaried in their next election, these next two years are crucial for the country to continue to have a functioning federal government.
So, Congressional Republicans of conscience and courage, step up! I know I am indulging in a political daydream but, sometimes, fantasy can become reality.
closing arguments
(Photo by Lucas Sankey on Unsplash)
With Election Day only a few days away, the two major party candidates for the US presidency have made their closing arguments to the American people. Because of the availability of early voting, vote-by-mail, and absentee ballots, millions have already cast their ballots, but many more millions will vote on Tuesday, November 5, and some eligible voters will not vote at all. The United States does not usually have high voter turnout and it will be interesting to see if this year is different. Levels of early voting have been very high, so perhaps election-day voting will be, too.
Vice President Kamala Harris gave her speech in front of a crowd of about 75,000 at the Ellipse in Washington DC, with the White House behind her, the same location where Donald Trump spoke at a rally on Jan.6, 2021, calling on his supporters to march to the Capitol where a violent mob broke in and tried to stop Congress from certifying the election of Joe Biden and Kamala Harris.
In contrast to Trump’s diviseness, Harris gave a message of unity, explaining how she would be a president for all the people who would listen to differing viewpoints. She talked about her policy proposals for the economy and health care, including reproductive rights and elder care, and shared her biography and experience prior to the vice-presidency. While she was making a contrast with Trump, she was concentrating on a positive, unifying message, which is important as she has been reaching out to Republicans and other conservatives who are dedicated to the Constitution and the rule of law and are repulsed by Trump’s attacks on those principles.
Trump’s closing argument rally was held at Madison Square Garden in New York City which was at its capacity of 19,500. The rally went on for hours; the video link I shared here is the final 3 1/4 hours, which includes all of Trump’s 78-minute speech. The event was designed for Trump’s base of supporters and was quite openly racist, misogynistic, anti-immigrant, and divisive. Trump and the other speakers continued to vilify Trump’s opponents, attacking them personally in often vulgar terms and lying about them and their positions. There is no sense of working together to solve problems, only of seeking vengeance on anyone who disagrees with Trump.
It’s terrifying, especially because so much of Trump’s rhetoric is violent and we all know what happened four years ago when Trump tried to steal an election he had lost.
Donald Trump’s vision of America is dark place of grievance where a few rich and powerful men rule. Instead, I embrace Kamala Harris’s vision of the United States as nation of people of good will who work together within the structures of our laws and government to solve problems and uphold the common good, as the Preamble to our Constitution terms it to “promote the general welfare.”
I hope that all eligible voters will look to those values as they vote not only for president but for other federal, state, and local offices. We must vote to protect our rights and our democratic principles so we can continue to build vibrant, caring, and responsible communities.
Together, we can do this!
Vote!
(Photo by Lucas Sankey on Unsplash)
Retired US Marine general and longest serving chief of staff to Donald Trump when he was president “said that, in his opinion, Mr. Trump met the definition of a fascist, would govern like a dictator if allowed, and had no understanding of the Constitution or the concept of rule of law.” Source: New York Times (gift link to article) which backs up my recent post on this subject
This timely warning comes to you as part of Linda’s One-Liner Wednesdays, which is usually much lighter or inspiring than this. To join us, visit here: https://lindaghill.com/2024/10/23/one-liner-wednesday-no-better-time/
Trump and the f-word
(Photo by Lucas Sankey on Unsplash)
Donald Trump’s rhetoric has become even more and more extreme, to the point that some in the media and politics have moved from characterizing it as authoritarian to calling it fascist. Historians, such as Ruth Ben-Ghiat and Heather Cox Richardson, have written columns and done interviews about this, as well as economist, professor, and former Cabinet secretary Robert Reich and many others.
They aren’t wrong.
While Trump has long demonized immigrants, he is now vowing to deport not only undocumented immigrants but also some immigrants who have legal status, such as temporary protected status or pending asylum claims, and even naturalized citizens and children of immigrants born in the United States who are citizens under the Fourteenth Amendment of our Constitution. He plans to round up millions of immigrants, place them in detention camps, and send them to other countries. Not only would this devastate these individuals and families, it would also tear apart many communities and devastate certain employment sectors with large numbers of immigrant-workers, such as agriculture, hospitality, construction, and food processing.
Trump is threatening to imprison law-abiding political opponents and members of the independent media, solely on the basis of their opposing viewpoints and truthful reporting. He repeatedly refers to them as “the enemy within.” This is chilling not only for public officials but also for lowly bloggers like me and people with Harris-Walz signs on their lawns. Will Trump-inspired vigillantes come after people like me?
Trump is threatening to use the military inside the United States to squelch protests and arrest people. It is illegal for the US military to operate in this way within the borders of the US, though they can help with things like disaster relief when cleared by state governors. He has even threatened to try civilians before military tribunals rather than in the courts, which is also unconstitutional.
Besides demonizing immigrants, especially people of color, Trump has scapegoated people of certain faiths, such as Muslims and Jews. He has a long history of denigrating Black people, dating from his early days in New York CIty real estate. His mistreatment of women is well-known from his decades of philandering and sexual abuse to his disregard for women’s right to bodily autonomy in the aftermath of the overturning of Roe v. Wade which he made possible. White male superiority is seen as the center of power, which gives those with fascist ideas cover to demean women, people of color, the LGBTQ+ community, religious minorities, immigrants, or anyone they feel does not fit the strongman mold.
Fascism is not democratic. The United States is. It’s time for all eligible voters to stand up for democracy on Election Day, Tuesday, November 5th, or before if early voting or vote-by-mail are available in your state. If you value our democracy, do not vote for Donald Trump or for any Republican who is not publicly opposing his hateful, fascist policies. Do not write in the name of your spouse or next-door neighbor. Do vote for Kamala Harris and the Democrats who value democracy and want to govern for the common good, not just those who voted for them.
Many Republican and former Republican elected officials and staff members have endorsed Vice President Harris because our democractic principles and the rule of law are much more important than particular policy disagreements. They know that, if Trump is elected, he will expand executive power and carry out the violent, fascistic threats he has been making.
Join them and all those who value our freedoms to Vote for Democracy!
Donald Trump has pledged to end birthright citizenship for the children of immigrants by executive order, if he is elected, which would be a clear violation of the 14th Amendment of the US Constitution.
This fact is brought to you as my post in Linda’s One-Liner Wednesdays series. Find out how to join us here: https://lindaghill.com/2024/09/25/one-liner-wednesday-flowers/
(Photo by Lucas Sankey on Unsplash)
I can’t quite believe that I am compelled to write this but I feel I must after yesterday’s Supreme Court hearing on whether or not blanket presidential immunity exists.
Donald Trump’s lawyer was arguing that a president shouldn’t be able to be prosecuted by the judicial system for criminal acts, including ordering the assassination of a political rival, if it was considered an official presidential act.
He is saying that, literally, a United States president should be able to get away with murder.
That is wrong legally, ethically, and morally.
Every person, citizen or not, elected official or not, is subject to the laws of the United States and whatever state or other jurisdiction they find themselves.
Period.
Do not vote for Donald Trump or any other candidate who believes that any person should be above the law.
(Photo by Lucas Sankey on Unsplash)
The United States is not a “Christian nation.”
In the Bill of Rights, the First Amendment makes clear that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” It is the first freedom listed in the ten amendments of the Bill of Rights, which was considered so vital that the states required it to be added before they would adopt the Constitution.
While some of the colonies had originally had an established religion, others, such as Rhode Island, had been founded explicitly without a government-sanctioned religion. At the time of the founding, the majority of United States residents were Christian, which is still true today, but the country was explicitly founded to be non-sectarian.
That’s why it’s so disturbing to me to see so many Republicans pushing the concept that the United States either is or should be a “Christian nation,” ignoring both the First Amendment and our history.
A particularly disturbing example of this is that this week, observed by the majority of Christian denominations as Holy Week leading to the celebration of Easter on Sunday, Donald Trump is selling the God Bless the USA bible, which includes the King James version of the Bible along with the US Declaration of Independence, Constitution, and Pledge of Allegiance. Trump’s message is “Let’s Make America Pray Again.” He thinks every home should have a (this/his) Bible.
This flies in the face of the First Amendment, which is, one assumes, included in this volume.
As a United States citizen and a Roman Catholic Christian, I am appalled that Trump is raising money in this blatant attempt to appeal to “Christian nationalists,” who want the United States to become a Christian nation, most of whom intend it to be a white Christian nation.
No.
The United States is a pluralistic nation and that is one of its strengths. It has certainly been an imperfect union with egregious examples of discrimination, bigotry, and injustice over the centuries, but we are working to move in a direction closer to equality for all people. Favoring one religion over another in our government must not be allowed.
Our government is a secular one and must remain so, as the Founders and generations of Americans intended.
When we vote, we should keep this principle in mind and reject any candidate who thinks the US is or should be a “Christian nation.”
My great-grandparents on my father’s side came to the United States fleeing hunger and political repression. My grandparents on my mother’s side came to the United States for safety as war threatened. Though some at the time decried them for being Irish or Italian and said they didn’t belong here, they found work and safety, raised families, contributed to their communities, and became citizens. My family has members with ancestral roots in Africa, Asia, the Pacific Islands, other European countries, and Canada. My town has people who came from or are descendants of people from around the world, as well as indigenous people. Some have been here for generations; some arrived recently.
We all belong here.
I am appalled at the recent rhetoric from Donald Trump and others of his ilk that migrants “poison the blood of our country.” I believe every person has inherent dignity. Our blood is a life force we hold in common. If you need a transfusion, it’s only the blood type – O, A, B, AB, Rh – or + – that matters, not the race, ethnicity, gender, wealth, or any other attribute of the donor.
My ancestors made their way here without much in the way of financial resources. Some didn’t speak much English. Despite their pale skin, some were not classified as White by the society at the time. They were fleeing hunger, poverty, political upheaval, danger, and violence, the same kinds of things that are now forcing thousands upon thousands from around the world to flee to the United States. Additionally, some of today’s migrants are fleeing due to climate change, for example, because of crop failures, damage from global-warming-enhanced weather systems, desertification, or sea level rise.
These new migrants have a right under United States and international law to seek asylum and a new life here. Yes, it would be safer for them to apply for asylum or visas in the US from their home countries but US immigration policy and infrastructure is decades out of date, which is certainly not the fault of the migrants. Many people who say, “Yes, but I/my ancestors came here legally,” need to realize that it was their country of origin/timeframe that made that possible in a way that is not available to many of the mostly black and brown folks now trying to cross the US southern border, some of whom originate from continents outside the Americas.
They also need to realize that it has been Congressional Republicans who have blocked meaningful, comprehensive immigration reform. For example, the immigration bill passed by the Senate in 2013 would most likely have passed the House on a bipartisan basis but the Republican House leadership wouldn’t put it up for a vote because the majority of the Republican members would have voted against it. Another example, the first bill that President Biden proposed to Congress was a comprehensive immigration reform bill, but it has not even been brought up for debate.
We have appalling actions by some governors, such as Abbott in Texas and DeSantis in Florida, that demonize and further endanger already vulnerable migrants. (Newsflash: People seeking asylum are not “illegal.” They have legal status under national and international law. And, no, states may not set their own immigration policy.) There are chilling promises of detention camps and mass deportations from some in Trump’s camp, were he ever to regain the presidency.
While comprehensive immigration reform will need to wait for a future Congress, the present Congress could take action to help alleviate the current problems. They could allocate funds for more processing centers and immigration judges to assist new migrants and those who are currently awaiting hearings in the coming months/years. They could give additional aid to communities and programs for resettling immigrants. My county has a long history of welcoming immigrants and there are existing organizations that can help people get re-settled.
Most importantly, they could make provisions to get work visas to newcomers and to immigrants who are already in the United States. Unemployment rates in the United States are low and there are a lot of jobs that aren’t being filled. Some of the sectors that need workers are agriculture, hospitality, caregiving, and construction. Many migrants have those skills and are eager to work to support themselves and their families. It’s a win-win situation.
At the same time, there are many unscrupulous employers who have been hiring workers without documents, often at substandard wages and without proper workplace protections. This needs to stop! The workers should be given work visas and the employers should pay fines and be brought into compliance for wages and working conditions. If they were complicit in human trafficking, they should be held responsible for that, as should anyone else involved.
Another threat from the Trump camp is to end birthright citizenship. Under the United States Constitution, anyone born in the United States is automatically granted citizenship. Period. The only way to change it would be to amend the Constitution, which would take a two-thirds vote from both chambers of Congress followed by ratification of three-quarters of the states. No executive order or even a Congressional law can change birthright citizenship because it would be unconstitutional.
One of the strengths of the United States is that it becomes home to people from all over the world and their descendants. In our communities, we share the food and cultural traditions that traveled with us or our ancestors and are free to do so, enriching all who participate. The United States has always been a diverse country, although it’s taken a long time to grant equal rights and that process is still ongoing. We must not turn our back on new arrivals who want to join us. They have gifts to share with us and we have gifts to share with them.
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Joanne Corey 