Tag: Constitution

federal force

Here in the United States, we are facing such a crush of problems that it is hard to give each the attention it deserves.

I do want to highlight one especially dangerous and disturbing action by the president. He is deploying federal employees into US cities to act as law enforcement without the permission of the mayors and governors who have legal jurisdiction. By law, policing is a matter for local and state governments. The National Guard, which is a branch of the US Military though its roots go all the way back to 1660’s Massachusetts militias, is sometimes mobilized to deal with a disaster or civil unrest, but it is the governor of the state who usually orders it, not the president. As I have discussed before, the president can use the Insurrection Act to use federal forces over the objections of governors, but there is no basis to declare that an insurrection is underway.

Federal forces have been deployed to Portland, Oregon, ostensibly to protect federal buildings. Disturbingly, these federal officers have been on the streets without wearing insignia identifying them and have detained people who are not causing harm. They have also teargassed peaceful protestors. According to local officials, the presence of these federal forces has worsened the situation, not calmed it. The president is also sending or planning to send federal agents to other US cities.

While the president says he needs to establish “law and order” in these Democrat-led cities, the real motivation may be to project a “tough guy” image to shore up his base of supporters. His poll numbers have been dropping, even in states where he won by large margins in 2016.

I think it is possible that some of the president’s supporters are disturbed that he is using federal forces within US cities. The tenth amendment to the Constitution recognizes policing as a state function; many Trump supporters are not fans of the federal government and prefer state/local control as much as possible. Some would rather not have government involved in their lives at all.

There are already inspectors general investigations into the use of federal forces in Washington, DC and Portland. If there are deployments in other cities, there will surely be court cases brought, as well.

Meanwhile, voters need to remember that unidentified, armed federal personnel do not belong on the streets in US cities and towns. It’s the kind of authoritarian tactic that the United States has often decried in other countries.

Where am I?

Yesterday, June 1, 2020, was one of the darkest and most frightening days of my almost sixty years as a citizen of the United States.

President Trump is pressuring governors to use the US military against protesters in their states and is threatening to use the military, beyond the National Guard which is under the jurisdiction of each governor, within the states if the governors refuse. To do this, he would have to invoke the Insurrection Act, which, in the rare instances in which it has been used, has only been applied to a small, specific area for particular isolated incident. If the president tries to invoke this act across different states and regions, is he surmising that a widespread insurrection is underway? The Cambridge Dictionary defines insurrection as “an organized attempt by a group of people to defeat their government and take control of their country, usually by violence.” This is not at all what is happening. Even if you add civil unrest as a possible cause, the vast majority of the country is seeing non-violent protests, which are within our rights to free speech and assembly. The limited amount of violence and destruction/theft of property are matters for local law enforcement, sometimes aided by the state’s National Guard, if the governor sees fit to use them.

The president seems to think that his bravado makes him look strong, but the opposite is true. His resorting to such threats shows how weak he is as a leader that he cannot talk to the nation to calm the situation and take effective action to address the injustices that have so many millions across the country taking to the streets.

The most horrifying part of yesterday was that the area near the White House was cleared of protesters so that the president could go to a nearby church for a photo op. These protesters were non-violent and the curfew had not yet taken effect when they were attacked with teargas, concussion grenades, rubber bullets, and physical violence. Clergy and volunteers who had been offering water, snacks, and assistance to the protesters throughout the day were also driven from the area.

These actions ordered by the president violated the free speech and freedom of assembly rights from our Constitution, as well as interfering with the religious expression of those who were there to serve others to fulfill the calling of their faith. The president also did not inform the clergy of St. John’s or the Episcopal Bishop Mariann Budde that he would be clearing the church grounds and using their sacred space for a photo op. Rev. Budde and other Christian faith leaders have objected to the president’s actions and rhetoric, pointing out that he is espousing views antithetically opposed to the tenets of Christianity.

Donald Trump has no moral authority whatsoever. He says that he wants “law and order” while himself violating the Constitution that he has sworn to uphold.

I am afraid of what will come next. I don’t have a vivid enough imagination to envision what will happen beyond the pandemic, injustice, and widespread suffering we have all around us.

We need competent and compassionate national leadership as soon as possible. There are millions of us all over the country ready to embark on the gargantuan task of building back a country worthy of our highest ideals of equality, unity, peace, and community.

fears realized

Like me, many people feared the president’s reaction to the impeachment trial vote to leave him in office.

We were not wrong to be apprehensive.

The president has removed numerous people from their posts because they dared to do their duty and tell the truth. I can barely believe that he dismissed the Director of National Intelligence because a member of his staff briefed the House Intelligence committee on Russian interference with the 2020 election. These briefings are required, not optional.

Worse, the president is denying that Russia is interfering in this election and that they interfered in the 2016 election. The 2016 election interference is well-documented and resulted in indictments of over a dozen Russian GRU officers. The conclusion on Russian meddling in 2016 is supported by all the US intelligence agencies, the Democratic-led House Intelligence committee, the Republican-led Senate Intelligence committee, the first volume of the Mueller report, and the Mueller grand jury that handed down the indictments. We ought to have been preparing since 2016 to better secure our campaigning and election security, but the denial by the administration has kept Congress from passing needed legislation.

It’s terrifying.

The new acting Director of National Intelligence has no intelligence experience and is keeping his current job as ambassador to Germany. Meanwhile, the president has assigned his former bodyman to clear out appointees in various departments and agencies who he feels are not sufficiently loyal to him.

Civil servants and elected officials do not swear an oath to obey the president. They swear to uphold the Constitution and the laws of the United States.

Of all people, the Attorney General should know this, but he has been undermining the work of his own department.

There are many people of good will and good morals who are trying very hard to ensure that the election is fair and that our government returns to respecting the rule of law and human rights. I hope we succeed, but, until it happens, I will be very afraid.

 

 

Failing the Constitution

I woke up this morning thinking about the United States Constitution, specifically about the Preamble, which I can recite from memory. (Thanks, Schoolhouse Rock.)

The Preamble sets out the goals of our democratic republic. It famously begins, We the People of the United States. This means everyone is part of this enterprise, regardless of age, gender, race, ethnicity, religion, or political views. It was part of the wisdom of the Founders to frame this document in such an expansive way, even though, at the time, only free men, who were overwhelmingly white, could vote. Much of the history of the United States has been about expanding our understanding of who “we the people” are, a process that continues to this day.

in Order to form a more perfect Union – We the People are, at this moment, moving away from a more perfect Union. I take this Constitutional call seriously and am sad and frightened about the current state of affairs, which is causing so many divides in our country. There are millions of people who are embroiled in an “us versus them” mentality over religion, political party, race. gender, ethnicity, and/or viewpoint on a particular issue. There are millions of people who can’t have a civil discussion of an issue without petty name-calling and dismissiveness of the other’s viewpoint. That moves us away from “a more perfect Union”.

establish Justice – Our Constitution creates an entire co-equal branch dedicated to this goal. Sadly, the independence of the judiciary is under threat, most obviously this week by the executive branch interfering in the sentencing of a friend of the president’s who was tried and found guilty by a jury on all seven counts with which he was charged. The Attorney General, who is appointed by the president and confirmed by the Senate, is supposed to be the chief law officer for We the People; as such, most attornies-general have observed independence from the executive branch. AG Barr is not doing that. Chillingly, he has also ordered that no investigation into political campaigns can occur without him personally giving permission. This mean that the Federal Bureau of Investigation cannot follow leads, collect evidence, question witnesses, or take any action unless Barr authorizes it. He could order investigations of Democratic candidates while blocking those of Republican candidates. Given that twelve Russian operatives are under indictment for election interference to help Donald Trump and hurt Hillary Clinton in the 2016 presidential election, this raises the specter of similar efforts by Russians or other foreign actors not being investigated at all, as long as they benefit the current administration and other Republican candidates.

Meanwhile, the Senate has been interfering with the judicial branch, too. Senate Majority Leader Mitch McConnell would not bring President Obama’s federal court nominees to the Senate for confirmation. Not only did Merrick Garland not get a vote to join the Supreme Court but also dozens of nominees to lower courts were denied votes. McConnell has spent a lot of the Senate’s time pushing through the current administration’s judicial nominees, even those rated as “not qualified” by the American Bar Association. Traditionally in the Senate, sixty of one hundred votes would have been needed to bring these to the floor, but that rule has been suspended, so even the not-qualified candidates receive lifetime appointments to the courts with only fifty votes.

insure domestic Tranquility – Our domestic life is anything but tranquil. The incivility noted in the “more perfect Union” section too often devolves into verbal abuse and threats to personal safety. There have been threats of violence, even death, to journalists, public officeholders, diplomats, members of the military, and people who either question the administration or come forward to give truthful testimony.  Even ordinary folks can be threatened over simple things like video games or expressing their opinion about books or topics of public interest.

Too many people are hurt or killed by violent acts, especially those involving firearms. Mass shootings and police shootings get the most media coverage, but every day people are shot by someone they know or are victims of accidental shootings. The majority of gun deaths in the United States are suicides. These are not marks of domestic tranquility.

Millions of people don’t have access to sufficient food, safe shelter, medical care, and other necessities of a dignified life. Most of them are employed, but not earning a living wage. Millions of people are suffering from addictions. Millions of people are exploited because of their gender, immigration status, age, or other factors that make them fearful to seek help. Millions of people face discrimination because of their race, gender, age, ethnicity, or beliefs. None of these things are tranquil for those suffering through them or for those who sympathize with them.

provide for the common defence – The United States military is the most powerful institution in the world. It should be used to defend the United States and our allies from aggression. Often, the presence of US military is enough to deter countries from attacking their neighbors. I am appalled by the way this administration has pulled back support for our allies, such as South Korea, Ukraine, NATO, and the Kurds. These actions make both the US and our allies less defended and less safe. The treatment of the Kurds is especially troubling. The Kurds did the bulk of the work in taking back land controlled by ISIS; the US withdrawal that the president declared after talking with the autocratic leader of Turkey left the Kurds with no protection from the Turks and the Russians who have taken over the Kurdish towns and driven the residents into exile. Meanwhile, ISIS, continues as a terrorist organization, which is a continuing threat to the US and our allies.

promote the general welfare – This is the phrase from the Preamble that I quote most often. The Constitution is calling us to care for one another. This is also sometimes called in our modern American English working for the common good. This is one of the purposes of our government, but too often government acts in the interests of those individuals, families, businesses, and organizations that are wealthy. This tiny fraction receives a lot of benefits that ordinary folks don’t. Case in point: the tax reform that gave permanent tax cuts to businesses and large tax cuts to the wealthy, while giving some short-term tax relief to some non-wealthy people and higher taxes to others.

Too often our elected officials ignore promoting the general welfare, instead focusing on their campaign donors, businesses in their district or state, and wealthy folks rather than what is good for the general population, both in their district/state and throughout the country. Votes are cast not in the interest of the whole populace but with an eye to what the voters in their party’s primary wants.  Even worse, some officeholders feel that they only represent people of their party or those that voted for them. That is not the framework laid out by the Constitution. We the People expect our government officials to cooperate in passing, executing, and adjudicating laws that promote the general welfare and protect our rights, not to block a proposal because it originated in the other party or was passed by the other house of Congress. Examples of this are the hundreds of (mostly bipartisan) House-passed bills this session that Leader McConnell has blocked in the Senate and the comprehensive immigration reform passed by a bipartisan majority in the Senate in 2013 but not brought up for a vote in the House because it would have passed without a majority of the Republican members voting in favor.

and secure the Blessings of Liberty to ourselves and our posterity – While I feel fortunate to have these blessings, so many others do not. They face discrimination, poverty, abuse, hunger and other problems every day. I mourn the country and world we are leaving to the younger generations and those to come. We are leaving them with division and peril, with our world damaged so much that some of the ecological systems will not be able to recover fully even over centuries. Recognizing this, many young people have taken action to demand change. The Sunrise movement works on issues of climate change and environmental degradation. After a mass shooting at their school, the students of Parkland High mobilized young people across the country to demand protection from gun violence. It is incumbent on all of us to support our younger generations, already part of We the People, and future generations who one day will be.

do ordain and establish this Constitution for the United States of America. – We the People established our government. It belongs to all of us, not just to a few of us. We need to hold government accountable for the purposes for which we established it. We need Congress to take responsibility for passing laws that are fair to everyone. We need them to exercise their Constitutional duty to declare war when necessary, rather than ceding that power to the commander-in-chief or military leaders. We need everyone to realize that Article II does not give presidents the power to do whatever they want. They are subject to Congressional oversight and judicial proceedings. The courts have to realize that they exist to interpret the Constitution and laws, not write them.

It is troubling that a large percentage of people in this country today tell pollsters that they believe Congress and the courts should get out of the president’s way so that he can do what he wants quickly. This is incredibly dangerous to our democratic republic. We the People must be informed on what the Constitution dictates and hold officeholders and other public servants to it. Those who commit serious breaches of the Constitution should resign. If they don’t, they should be removed by legal means or, at the very least, not re-elected or re-appointed.

I have not been silent on these issues but, given the troubling events of the last few weeks, I felt the need to write this lengthy post to be among those sounding the alarm that our country is in danger. Like me, most of us do not have a large megaphone to broadcast our voices far and wide, but if enough of us speak up in defense of our Constitution, our government will hear the voices of We the People.

awesome

I have been watching major chunks of the impeachment proceedings against Donald John Trump, as he is officially referred to in the impeachment and trial.

The House managers, members of the House of Representatives who act a prosecutors, have been impressive in presenting their case, as well as pointing out which documents and testimony they have subpoenaed, but not received, which relates to the second article of impeachment, obstruction of Congress. (The first article is abuse of power, which, in this trial, is related to solicitation of Ukraine for help in the president’s election bid.)

The House managers take turns presenting evidence in a very methodical way, using video clips, emails, phone records, etc. to make their case. They are all well-prepared and well-spoken, but one is especially awesome – Representative Adam Schiff of California.

Rep. Schiff was a federal prosecutor and has comprehensive knowledge of the law. He chairs the Senate Intelligence committee, which did most of the fact-finding in the case, and was named lead House manager. As such, he has acted as the “closer” for the presentations, speaking with conviction and, at times, passion about the United States, our laws, and our futures. I found the closing of the second day of testimony to be especially powerful.

There was some talk, although not from him, that Adam Schiff might run for the Democratic nomination for president in 2020. I’m glad that he didn’t, because he is exactly where our country needs him the most right now, speaking up for the Constitution and laws and against corruption.

The case that he and the other House managers have made is so compelling that I am frightened when I hear that some Republican members of Congress are dismissing them totally and that the president will engage in even more corrupt behavior, knowing he will not have to suffer the consequences for his actions.

I am terrified for both the short-term and the long-term consequences for our democracy if a president is allowed to be so openly corrupt and is not removed from office. With Rep. Schiff, I believe, “Right matters and the truth matters.”
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Usually when I post on Saturdays, I follow Linda’s Stream of Consciousness prompt. This week’s involved writing about the last unsolicited business call we received, but, between caller id, do not call registry, and new spam blocking, I don’t receive those kinds of calls anymore. Instead, you are subjected to more non-stream-of-consciousness posting on the ongoing impeachment trial of Donald John Trump. I’m sure that is more painful than unsolicited business calls.

But, please visit Linda here, and join the fun for Stream of Consciousness Saturday and/or Just Jot It January.

following impeachment

While I wasn’t able to watch all the impeachment testimony and debate and read all the reports, I was able to digest major chunks of it. There is a lot of factual evidence supporting the now-passed articles of impeachment. Even the Congressional Republicans weren’t often trying to dispute the testimony of the fact witnesses, instead arguing about process or trying to advance debunked conspiracy theories to muddy the waters.

It’s discouraging how little many people, including some in government, understand about the Constitutional process of impeachment by the House and trial in the Senate. Impeachment is roughly equivalent to a grand jury indictment in the judicial system. It is a vote on whether or not there is sufficient evidence in support of the article of impeachment to warrant a trial. Unlike a criminal trial, impeachment does not require a specific “crime” as misconduct, corruption, and ethics violations often don’t fit neatly into legal frameworks. One of the differences in the Trump impeachment compared to proceedings against Clinton and Nixon is that most of the investigation happened within the House committees themselves. In the Nixon and Clinton investigations, there was extensive investigation by the Justice Department that was passed on to the House; in Trump’s case, the Justice Department refused to investigate and the White House refused to honor subpoenas for testimony and documents, hence the second article of impeachment for obstruction of Congress.

The two articles of impeachment passed by majority vote in the House, so President Trump has been impeached. Period. The articles of impeachment not having been conveyed to the Senate yet is irrelevant. If the Senate acquits at trial, it does not erase the impeachment.

When the Senate does hold the trial, all the senators are sworn in as triers of fact by the Chief Justice of the Supreme Court, who is the presiding officer. House members will act as prosecutors and the president’s lawyers will be defense attorneys. In order for there to be removal from office, 2/3rds of the senators must vote to convict.

One of the appalling things that has happened is that some of the senators, including the Majority Leader Mitch McConnell, have publicly stated that they are not impartial. What will happen when they are asked to swear an oath to deliver “impartial justice”? Will there be consequences if they swear to it without intending to follow through? I can’t imagine they will recuse themselves rather than lie in taking the oath.

I do hope that the trial will be full and fair with relevant documents and testimony. All the senators and the public should hear the facts of the case. Although I know that it is unlikely that 2/3rds of the senators will vote to convict, it is important for the voters in the next election to know what has happened and for history to have an accurate record.

after the report

Nana is dozing in her recliner, so I thought I would try to do a quick post on my reactions so far to the redacted release of the Mueller report. With everything going on in my family life, I haven’t been able to read all 400+ pages, but have seen excerpts and analysis from lawyers and investigative/legal reporters, which I have found very helpful.

As longtime readers may recall, I was very concerned about Russian hacking and interference in the 2016 US presidential election, even before the voting took place, so volume one of the report, which details the Russian attacks, is chilling. It reveals how extensive the attack was, confirming that it reached millions of potential voters, some of whom were targeted with particular posts or ads because of where they lived, their race, and other personal factors. It also deals with the hacking of the Democratic National Committee and other campaign systems with release of materials to the public, as well as attempts to hack voting systems.

I am very concerned that Congress has not done enough to help the FBI and the states and localities identify potential weaknesses, especially in technology systems, and rectify them for the 2020 race, which has already started with many candidates declaring their intent to run in the party primaries. We need to be prepared for both similar attacks and for different kinds of attacks from Russia and from other countries. This should not be a partisan issue at all; people across the political spectrum should all be committed to protecting our national security and our freedoms.

The second part of the report is about possible obstruction of justice by the President. It makes it clear that no charges were filed because it is Justice Department policy not to indict a sitting president. Mueller also made it clear that he could not gather all the evidence needed, as the President and several other key figures were not able to be interviewed by the investigators. However, the report lays out details of possible counts of obstruction, which could be taken up by Congress as part of their investigations (which could lead to the filing of impeachment charges) or which could be charged by the courts after Trump leaves office. The statute of limitations for most of the actions taken by the president is five years, so if he leaves office during his first term or fails to win a second term, court charges could be brought for obstruction of justice.

The question of whether the House of Representatives will move toward impeachment is open. It’s complicated by the fact that the Mueller investigation was focused on Russian interference, but there are investigations on-going in other areas, among them illegal campaign contributions, emoluments, and financial crimes. Trump is trying to block them by ignoring subpoenas, not providing records, and not allowing even former staff to testify to Congress. It’s plausible that this could cause additional impeachment charges of obstruction for not cooperating with a Congressional investigation.

Additionally, people have to be aware that the standards for impeachment are different than they are for court trials. For example, one of the impeachment charges against President Nixon was lying to the American people. There isn’t a specific law against this, but it is considered a “high crime or misdemeanor,” which is the Constitutional impeachment criteria.

Some people say that Congress should just wait until the 2020 election, but I disagree. I’m afraid if these things aren’t investigated, with impeachment charges filed if found appropriate, it will look as though anyone who is elected president can get away with breaking laws and ethical codes for four years without consequence.

That is a terrible message to send. We, the People of the United States, deserve better.

SoCS: white words

When the horrific alt-right rallies and violence came down in Charlottesville, there were a lot of interviews with various alt-right leaders.

They were difficult to comprehend.

As anyone who has visited my about page knows, I am white. I am also an American. But I don’t understand terms that the alt-right uses, such as “white culture.”

I know that I belong to American civic culture, but that includes people of all races, ethnicities, faiths (or not, because atheists and agnostics are included, too), philosophies, etc. Everyone who embraces the rights and responsibilities outlined in our Constitution and laws. We all join together in working for the common good.

I don’t know what “white culture” is meant to mean. When my grandparents came from Italy and my great-grandparents came from Ireland, they were not seen as part of an American “white culture.” They were seen as “other”; their children and grandchildren were able to join in the American civic culture into which they were born. That still, though, does not define a “white culture” in the United States, as we participate in that culture with a diverse group of millions.

I also heard alt-right people speaking about “white genocide.” Genocide means the killing of large numbers of people because of the group that they belong to. Rwanda had a horrible genocide between the Hutu and Tutsi, with many men, women, and children slaughtered. Sadly, there are numerous other examples of genocide, but there is certainly no mass killing of white people in the United States for being white.

I did hear one alt-right leader explain “white genocide” as whites no longer being the majority of Americans, ostensibly due to immigration and interracial relationships. To be clear, this is not genocide. Genocide is about hate and death. Children being born is about love and life. My granddaughter is not part of any “genocide”; she is a beautiful expression of love.

Okay. Time to get this published before we have another power bump or internet outage. (So no one is concerned, we are just having some system problems locally. We are far away from the Hurricane Harvey area, to which we send our thoughts and prayers as they brace for up to 40 inches (1 meter) of rain over the next several days.)
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Linda’s prompt this week for Stream of Consciousness Saturday is to being with the word “When.” Join us! Find out how here:  https://lindaghill.com/2017/08/25/the-friday-reminder-and-prompt-for-socs-aug-2617/

 

 

Charlottesville

On Saturday, my son-in-law L headed back to the UK to comply with the terms of his visa which only allowed 90 days to be here for ABC’s birth and early weeks. We all miss him and have been adjusting to the household without him, while, of course, responding to the changing needs and sleep patterns of a two-month-old. That and helping out my parents are quite enough to occupy me, but I felt that I had to post about the current state of affairs in the US, which is adding stress, fear, and sadness to our lives.

Donald Trump is exposing our country to danger with his saber-rattling. I hope that Congress will make clear that war declarations are their province, not the president’s. There should be no first strike against North Korea, Venezuela, or any other country without action from Congress, as the US Constitution requires.

I have long believed that Donald Trump has neither the intellect nor the temperament nor the judgment to be an effective, just, and moral president. Sadly, his reactions to Charlottesville have only reinforced this. His press conference yesterday was wrong on the facts and unconscionably upheld the alt-right/neo-nazi/white supremacist lies about their own history, motivations, and current aspirations. (I do not intend to go over this in detail or to engage in comment exchanges about this, but check out the reporting from Vice to hear the alt-right views directly from their leaders.)

This is a time when all members of Congress should clearly denounce the president for his statements and redouble their efforts to uphold civil rights and religious freedom. (The footage of torch-bearing men chanting against Jews was especially chilling.) They should also offer support to the family and friends of Heather Heyer, to all those who were injured, and to Charlottesville, which is not forthcoming from the White House as we expect in times of tragedy.

Vice-president Pence and the Cabinet should convene to discuss invoking the 25th Amendment, which was added to the Constitution to defend against an unfit president.

I do want to remind people that this is not just about some Confederate statues. These statues were not erected in the 1860s to commemorate those who fought and died. They are not battlefield monuments or historic sites. Most were placed in the 1920s, when the Ku Klux Klan was so strong that it staged marches in Washington, DC, or during the 1950s-60s, at the height of the civil rights marches. They were put in public places in order to intimidate African-Americans and anyone who supported civil rights for all. No one is proposing that we forget about the Civil War, but we need to learn about the complexities of its causes and aftermath, an endeavor which is not served by a statue of a general on a horse at a courthouse or pubic square that was erected to scare people of color.

Violence and bigotry are unacceptable. Love trumps hate.

As Nelson Mandela wrote in Long Walk to Freedom,  “No one is born hating another person because of the color of his skin, or his background, or his religion. People must learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite.”

Open letter to Congressional Republicans

Dear Republican Members of Congress,

During the Independence Day recess, please reflect on the the Preamble to the Constitution.

How well do you think you are carrying out the tasks that “We the People” have set before you?

You are in Congress to represent all of us, from my newborn granddaughter to the 108-year-old neighbor of my parents.

You do not just represent other Republicans.

Or people who voted for you.

Or your party apparatus.

Or your political donors.

“…in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity…”

Other than the common defense, these goals are mired in either inaction or regression.

Exhibit A is your attempt to repeal and replace the Affordable Care Act which would increase the number of uninsured, decrease coverage, raise premiums and deductibles dramatically for older adults, force small rural hospitals and hospitals and nursing homes that treat large numbers of lower income folks into bankruptcy, and squeeze spending on Medicaid which pays for health care for those living in poverty, people with disabling conditions, and long-term care for the elderly and ill.

It does not “promote the general Welfare.”

It is opposed by a large majority of “We the People of the United States” whom you are supposed to be representing.

Even worse, you are trying to pass it under budgetary rules, making spending cuts that will hurt millions of Americans in order to give a large tax break to the wealthiest taxpayers. And, by the way, precluding the possibility of a filibuster in the Senate.

You have also used a totally anomalous process to create this legislation, forgoing the usual months of committee hearings, expert testimony, public discussion, revision, and amendments. And you seem to have forgotten that the Affordable Care Act followed that regular order process and that the final bill included Republican amendments and met the threshold of sixty votes in the Senate.

Your excuse that you have to adjust to being a governing majority party is disturbing. You have been in the majority in Congress for years, but instead of crafting legislation that would serve the American people, pass in both the House and Senate, and be signed by the President, you chose partisanship over actual governing, eschewing the tradition of other Congresses where the majority party was not the party of the president.

You have proved in the last few months that you can’t even govern with a president from your own party, albeit a president, who, as a candidate, campaigned against much of the Congressional Washington agenda, and who, as president, sends mixed signals of his priorities and opinions.

We the People deserve better.

During your Independence Day recess, I call on you to reflect on your duty to the American people and return to Washington ready to serve all the people in a way that really does “promote the general Welfare.”

Sincerely yours,
Joanne Corey
July 4, 2017