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Monthly Archives: July 2016

Sorry, Hillary. The Constitution doesn’t work that way.

This morning, I had an email in my in-box suggesting that I thank Hillary Clinton for her pledge to introduce, within the first 30 days of taking office, an amendment to the constitution which would overturn the Supreme Court’s disastrous 2010 “Citizen’s United” decision.  This decision by the Court declared that money is the same as speech and allowed unlimited corporate spending in elections, releasing a veritable flood of political bribe money into election contests at every level.

The email piqued my interest, as Clinton is vowing here to help overturn a decision that has benefitted her enormously.  It seems obvious political pandering.  Why would she swear to turn off the spigot that has brought her loathsome self so close to winning the White House?

I decided to verify that she had actually made this statement; not because it is such a remarkably risible promise, which it is, but because I immediately realized that as president, Clinton could do no such thing.

She did, in fact, make these remarks to Netroots Nation audience via a video message.  From the transcript:

[…] Now, I know many of the people in this room supported Senator Sanders in the primary. I’m looking forward to hearing from you, learning from you and working with you.

You’ve helped put political and campaign finance reform at the top of the national agenda, and I intend to keep it there.

Today I’m announcing that in my first thirty days as President I will propose a constitutional amendment to overturn Citizens United and give the American people — all of us — the chance to reclaim our democracy.

I will also appoint Supreme Court justices who understand that this decision was a disaster for our democracy, and I will fight for other progressive reforms including small dollar matching and disclosure requirements.

I hope some of the brilliant minds in this room will seek out cases to challenge Citizens United in the courts because I know I can’t do this alone. We need you to keep speaking out keep organizing and keep holding elected officials — including me — accountable.

We know what happens when progressive voices get drowned out by the other side, and we cannot let that happen, so I’m looking forward to fighting alongside you and with Senator Sanders in the weeks months and years to come because you know what we are stronger together. Thank you all very much.

After all the questionable tactics used by the DNC, the voting “irregularities” (ahem), the bizarre and entirely inappropriate, extrajudicial Comey decision [not to recommend indictment for her illegal email system] that shoe-horned Clinton into the position of being the presumptive Democratic nominee, it’s swell to hear that she would like to give the American people ,”all of us – the chance to reclaim our democracy”.  Sure, now that you are a breath away from the Oval Office, you’ll let us have some of that imagined democracy back.  Well, that remains to be seen.  We still have to contend with the Diebold machines, voter ID laws, and gerry-rigged districts in November.  But the thought has to count for something, doesn’t it?  I really like the “we know what happens when progressive voices get drowned out by the other side,” too; she takes a moment here to crow about what she and the DNC just did to Sanders and his progressive supporters. Yeah, Hillary, we know what happens when you drown the progressives.  We just watched you do it.

Most Americans, no matter their political leanings, deplore the Citizen’s United decision.  And so her promise to commit herself to proposing a constitutional amendment to reverse it is being greeted with unabashed enthusiasm.  The website where I found the above transcript is a typical example.  The author closes with this: 

“This is great news. Our thanks to Hillary Clinton for committing to explicitly offer a constitutional amendment to stop the flood of big money in elections unleashed by the most disastrous decision of the Roberts Court.

“However, we do need more than an amendment that merely reverses that decision. We need an amendment that states that corporations are not people and money is not speech. There are other Supreme Court decisions that also need to be overturned, so that our democracy can endure.”
https://www.nwprogressive.org/weblog/2016/07/hillary-clinton-commits-to-introducing-amendment-to-overturn-citizens-united.html

Poor thing actually seems to think that not only can the president offer an amendment, s/he can simply overturn Supreme Court decisions at will.  However, while all such sentiments may be heartfelt and sincere, I have to point out that Clinton cannot really do any such thing as “offer a constitutional amendment” and the progressive community is enabling her continued misinformation when they praise her for a promise she cannot legally fulfill.  She may even be aware of this herself.  Note this part of her remarks: “I hope some of the brilliant minds in this room will seek out cases to challenge Citizens United in the courts because I know I can’t do this alone.”

Damn straight you can’t do it alone.  She was either aware at the time she made “the vow” that she could not as president ever fulfill it, and therefore was simply making another empty political promise or she has no idea what the constitution allows on the matter of amendments.  In any case, one might note that “challenging it in the courts” is not at all the same thing as “proposing a constitutional amendment”, but I guess everyone was so thrilled with the idea that Clinton was going to amend the constitution once she was enthroned that they didn’t catch the nuance there.  Nor can she “appoint” Supreme Court justices, words she uses in her video message; she can only nominate them for Congressional approval.

The president (and the Supreme Court, as well, by the way) has no role in amending the constitution. None whatsoever.  The president cannot propose an amendment, author an amendment, introduce an amendment, ratify an amendment, veto an amendment, or “call for” an amendment, and furthermore, is not even called upon to sign one into law, should it get that far.  A couple of successful amendments have been signed by the sitting president, but that is for ceremonial purposes only.  At most, a president can only kind of politely suggest to members of Congress, behind the scenes, that they accept or decline a particular proposal.  The constitution is clear about the lack of any other role for the president in this instance.

Article V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

https://www.archives.gov/federal-register/constitution/article-v.html

To put this into very understandable language for the layman, I found this simple explanation of the way it happens:

Given the enormity of the role modern American presidents play in contemporary politics, it may come as a surprise that presidents are not directly involved in amending the U.S. Constitution. While they can use the bully pulpit to lobby for or against a proposed amendment, and while some presidents have played ceremonial roles in signing ratified amendments, they cannot introduce, ratify or veto an amendment. The Constitution leaves that role to the U.S. Congress and the states.[…]

A constitutional amendment may be proposed in two ways: either by a two-thirds-majority vote of both houses of Congress, or through a constitutional conventional called for by three-fourths of state legislatures. The latter has never been used. Congress proposes an amendment through what is called a joint resolution; unlike bills passed by Congress, these resolutions do not require the president’s signature.

The States’ Consideration
After a joint resolution passes Congress, it is sent to the Office of the Federal Register for official publication. Then, it is sent to each state’s governor, who in turn submits it to the legislature for consideration. In one case, the 21st Amendment, state conventions, rather than legislatures, were called upon to approve the amendment. Three-fourths of state legislatures must ratify the amendment for it to go into effect. […]

After three-fourths of the states ratify a constitutional amendment, it is sent to the National Archives for official certification. The certification signing has become a ceremonial event attended by dignitaries, including the president. Presidents may also sign the certifications as witnesses, as President Lyndon Johnson did with the 24th and 25th amendments, and President Richard Nixon did with the 26th Amendment.

http://classroom.synonym.com/can-president-introduce-ratify-veto-constitutional-amendment-21615.html
 

Whatever Clinton does or does not understand about the law, and I submit that her valiant attempts to obfuscate her willful breaking of the law show at least a working knowledge of the laws of the land, the public must inform themselves as well as they can.  Empty, meaningless rhetoric and indulgence of the wishful thinking of the voters should be met with information and skepticism, not praise.  Promises made by Clinton in particular should be treated for their worth: a bucket of warm spit.

The email issue alone should have proved to everyone Clinton’s immense distain for the law.  FBI director James Comey presented an air-tight case for conviction and then declined to recommend indictment, basically offering stupidity as her defense.  He went on at length about her intent, or lack thereof, to break the law, although “intent” is not mentioned in the laws in question and is normally not something considered in seeking indictment.  Her intent is obvious in any case.

She decided to use a private server and a personal email system to circumvent the required State Dept. system.  In fact, it came out in Comey’s hearing before Congress that she had used multiple such systems.  She hid this from officials for years, even after leaving the State Department, and lied to Congress about it.  When caught, she deleted tens of thousands of emails and had the server scrubbed.  She had access to highly classified information and allowed it to be removed from its secure custody (the State Dept. secured system) and sent it to people not authorized to have it.  She knowingly mingled State Dept. business with Clinton Foundation [Clinton Global Initiative] business.  She instructed her aides and employees to protect her emails from FOIA requests.  Clinton didn’t even have her system password-protected, and was warned several times by her IT staff that they thought it had been hacked.  Since then, she has lied repeatedly to the public about all aspects of this criminality.  How is any of this anything but proof of willful intent?

Don’t people realize that she destroyed pretty much the entire record of four years of the Secretary of State?  We will never know how much of what should have been public archive has thus been lost, as the thorough scrubbing of her system means it cannot ever be restored.

Comey tried to play Pontius Pilate and absolve himself of participation in this affair by admitting during the Congressional hearing that he had not personally been present when the FBI questioned her; instead, he had relied on the notes and recommendation of the FBI underlings who had been there to make his decision for him.  His disinterest in personally taking part in what was perhaps the most important and historic interview the FBI ever conducted is as inexplicable as the Bill Clinton/Loretta Lynch serendipitous and “accidental” meeting on the tarmac just days before the interview itself.

I recently read that when asked, Clinton said she would not suspend the activities of the Clinton Foundation while in office (‘should she win’, she did not think to add).  She did promise, however, that there will more “transparency” in its operation. Imagine the coin to be made while she is actually in office; it’s going to make what they’ve taken in bribes so far look like petty cash.  

Well, why not? None of these assholes care if everyone knows what they are doing any more. They know there’s nothing we can do about it.  Too bad it appears that the Clinton Foundation will not be getting the scrutiny it calls for.  That is where a real investigation should be launched and continued for as long as it takes to untangle the pay-to-play scheme that is involved.  In the meantime, she should be ineligible for any public office.  Her engineering the utter destruction of Libya makes her a war criminal and should be sufficient to bar her from the presidency, but we have long since completely ended any pretense of following international norms, much less our own laws.

Oh, and the Goldman Sachs speeches, another minor pimple on her ass – hell, I’m just waiting to hear how much she is going to charge the tax-payers for her State of the Union speeches.

All that is apparently forgotten by the media, and we will soon hear an eager Elizabeth Warren, champion de-jour of all things labeled “progressive”, cheering for this amendment-by-presidential-fiat thing.  

Elizabeth Warren as “progressive” is an entity entirely fabricated by the media, of course. The stances she took on various issues were clearly outlined by her on her website when she was first running for US Senate. Apparently no-one bothered reading the damn thing and instead relied on the media’s “interpretation” of her positions. At the time of her running for Senate, she offered, on every single issue, a policy statement that read as though it had come straight out of the PNAC [Project for a New American Century] playbook.

Her statements about Israel (fiercely Israel-first and anti-Palestinian), Iran (rabidly Iranphobic, even going so far as to say that Iran “must not have an escape hatch”), homeland security (all aspects of which she enthusiastically endorses as “necessary” in the “fight against terror”), etc. are completely in line with every repulsive neoliberal, hawkish, projecting our power abroad, AIPAC-inspired statement made by far-right politicians for years, and now parroted by supposed “democrats” and “liberals” such as Clinton and Obama.

The fact that she has now decided to become Clinton’s purse-pet, the yappy little doggie that rich girls carry around in their over-sized pocketbooks, is not surprising.  She may like to be portrayed as a political naif, but she sure picked up the politician’s unerring ability to kiss the ass of power very quickly.

And there is Sanders.  Despite once ardently stating that Clinton was “not qualified to be president”, Bernie has now officially endorsed her and dropped his campaign.  

Yes, I know he promised long ago to endorse “whomever the eventual Democrat nominee turns out to be”; which should have been a signal that he didn’t think it would be himself.  Bear in mind that Clinton may be the presumptive nominee, but she is not the actual nominee yet, and won’t be until the delegates vote on the convention floor.  He needn’t have endorsed her until the convention.

He promised to “take it to the convention”. His endorsement before the convention may have early fulfilled his promise to Clinton and the DNC (to endorse the nominee), but he reneged on the one he made to the voters.

Then, as some sort of really sucky consolation prize, he promised his supporters he would work to make the DNC platform more “progressive”.  But the Clinton camp voted down all of his planks and what we are left with is basically a Republican platform with some Democratic-sounding civil rights’ platitudes thrown in.  So Sanders got nothing in the way of concessions, but vowed he would fight for more progressive ideals to be added to the platform while he was attending the convention. This is where the platform becomes the Official Platform via delegate voting.  Except – pretend to be surprised – he is not going to do that either.

“Party rules empower Sanders, who endorsed Hillary Clinton Tuesday, to try to force votes at the Philadelphia convention on proposed planks that failed to muster the necessary votes at a Platform Committee meeting last weekend in Orlando.

“But Sanders has decided against using the so-called minority report process, the senator’s top policy aid informed allies Tuesday. […]”


http://www.nbcnews.com/politics/2016-election/bernie-sanders-rules-out-convention-floor-fights-platform-n608256

Well, clarity is a good thing, isn’t it?  So now at least we know where we stand.  Hint: we got nothin’.  Diebold will handle the race from here on out.

And now Sanders has the “honor” of being “allowed” to speak at the Democratic Convention.  He is scheduled for the first night, no doubt so that everyone will forget what he had to say by the time the event comes to a conclusion.  The message is a clear, “Thanks for coming.  Now, don’t let the door hit your old ass on the way out, you hear?”   His staff remarked, however, that “nothing is set in stone”; what that means is anyone’s guess.   Maybe he won’t speak at all, or maybe he will end up being Clinton’s VP pick and speak on the second-to-last night, the traditional night for the vice presidential pick to give a speech.  That would be the final sellout to Bernie voters; their guy giving up his seat in the Senate to become a useless toadie in the Clinton White House.

On Thursday, the final night of the convention, we get the really big show.  That’s when the (by then official) nominee gets to speak.  This year, not only will Clinton be speaking on Thursday, but we will also be administered the extra-special torture of having to endure a speech from her daughter Chelsea as part of the denouement to the festivities.  I’m sure everyone involved is hoping the teleprompter will scroll slowly enough for her to keep up with it.  I’m hoping it will simply read, “I am the Odious Queen War-pig’s royal offspring, and I will see you in 4 to 8 years if we can keep this con going that long, and thank you for coming.”  And then she will exit the stage.

On the other side, we have Trump.  A cretin and TV reality star, who beat out a couple of football teams’ worth of notably horrible and repugnant candidates to become his party’s nominee.  His belonging to the wealthiest class in America doesn’t seem to dampen the enthusiasm of his “fans”, as he calls them; they are oblivious to the inherent mockery of his entire campaign.  He should have picked Sarah Palin to be his running mate.  That would have created some jobs; we’d need oracles to interpret the stream-of-consciousness ramblings emanating from the White House. I suspect he is running simply to assure the presidency for Clinton.

Clinton and Trump are rightfully the most reviled candidates ever to run for president.  Clinton is the first candidate in US history to be under active criminal investigation while running for president.  More and more people are coming to the decision to either vote for third-party candidates or to refuse to vote at all.  Two extraordinarily wealthy grifters, at least one of whom willfully broke the law while serving in high office, two idiots, one who wants to nuke ISIS (and thus the entire Middle East) and reinstate torture, and one who wants to expand the current (and illegal) war zones into Russia, Syria, and Iran.  That’s what we have to chose between.  Hope you weren’t planning on having time to spend whatever is left in that retirement account – we aren’t looking at very good odds on your being around to cash it out.  But no matter who wins the election or what happens as a result, they can’t blame the voters for it.  When given this sort of appalling choice and the open rigging of the primaries, the voters cannot be blamed for just walking away.

Hey, on a positive note, if Clinton wins, she’ll get the rap instead of Bernie for the economy continuing to rot, the environmental disasters looming ahead, the treasonous TPP trade agreement, and the next iteration of the Long Wars. Hope she enjoys the hell out of being in the WH again; couldn’t happen to a person who deserves the wrath of the people more.

Fake candidates making false statements, running in a faked election, with totally sham media coverage, in a country falsely claiming to be the face of democracy, while it perpetrates illegal, false wars on fake enemies it created, running its economy on fraudulent paper: nobody should be surprised when this tent folds.

This is not going to end well; no matter who “wins” the election, everyone across the globe loses. This time around, the oligarchs don’t care if the losers include us Americans; surely we all realize by this juncture that we are no longer the ‘exceptional ones’ to the people who run this country.

It’s time to think of your own survival. Time to plant your own garden, flee the system to the extent that you can, tend to yourself and your family.  Don’t add to anyone else’s difficulties.  Be a good human.  

Here is some inspiration for you.  It’s all I have to offer right now.  

[…] You are a child of the universe no less than the trees and the stars; you have a right to be here.

[…] And whatever your labors and aspirations, in the noisy confusion of life, keep peace in your soul.

[…] Strive to be happy.

Max Ehrmann, “Desiderata”

And I have this: “Woodstock”.  Written by Joni Mitchell and included on one of her albums, but the most popular version, as below, was performed by Crosby, Stills, Nash, and Young.

lyrics:
Well, I came upon a child of God.
He was walking along the road.
And I asked him, Tell me, where are you going?
This he told me:

Said, I’m going down to Yasgur’s Farm
Gonna join in a rock and roll band.
Got to get back to the land and set my soul free.

We are stardust, we are golden
We are billion year old carbon
And we got to get ourselves back to the garden.

Well, then can I roam beside you?
I have come to lose the smog,
And I feel myself a cog in somethin’ turning.
And maybe it’s the time of year
Yes, and maybe it’s the time of man
And I don’t know who I am
But life is for learning.

We are stardust, we are golden
We are billion year old carbon
And we got to get ourselves back to the garden.

We are stardust, we are golden
We are billion year old carbon
And we got to get ourselves back to the garden.

By the time we got to Woodstock,
We were half a million strong
And everywhere was a song and a celebration.
And I dreamed I saw the bomber death planes
Riding shotgun in the sky,
Turning into butterflies
Above our nation.

We are stardust, we are golden
We are caught in the devils bargain
And we got to get ourselves back to the garden.

This video contains footage from the actual Woodstock event and also has a little added verse (from another Crosby, Stills, Nash, and Young song) at the end.

[Note: this post dedicated to my golden brah, who has fled the system and is showing me by his concrete example how to get back to the garden.]

 

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