ALL OF THE MUSK-TRUMP CRIMES are a direct result of the Supreme Court, especially the Roberts Court, making blatant evil and actual betrayal of the American People legal for Republican-fascist presidents to do. They were warned what would happen if they ruled the way they did in the line of cases from Buckley v Valeo to Citizens United and beyond and they ruled that way anyway and what was predicted to happen has happened. "More speech" didn't protect us from the corrupt presidents that appointed Thomas, Alito, Roberts, Goresuch, Kavanaugh, Coney-Barrett or such predecessors to them as O'Connor, Rehnquist and Kennedy, "more speech" didn't protect us from the lies that were spread in the media to get Republican-fascists elected who confirmed them in the Senate. No matter how you analyze how we got here, it all started with the Supreme Court creating a "right to lie" out of the language of the First Amendment, an Amendment created under the reluctant parentage of James Madison who had to be forced into promising that there would be a so-called Bill of Rights added to the Constitution he was trying to convince the Virginia legislature into adopting so it would become the supreme law of the land. That it is so vague, inspecific and sloppily written so as to allow "justices" as daffy as the ones who, first, created that "right to lie" and hand a weapon to those corrupt enough to overturn the clean election legislation passed after the Watergate crimes of Nixon (the first presidential beneficiary of that "right to lie") and the Roberts Court to blatantly legalize billionaires, foreign dictators ones and domestic ones and massively publicly funded-ketamine taking ones buying the presidency and the Congress proves how really, really bad the First Amendment is.
It proves what happens when you don't specify such plain truths such as that there is no such a thing as a right to lie, not even for those possessors of rights, living human beings and what happens when your vague, ill chosen language fails to distinguish that the artificial entities, "the press," the media, organizations not only have no right to lie but they don't possess rights, only, perhaps, privileges which are not inalienable and are never intelligently given without mandatory obligations to serve egalitarian democracy and the right of The People to a legitimate government. Madison et al were not terribly enthusiastic about having any bill of rights during the Constitutional Convention and they were certainly not going to have one that would enshrine equality under the law, most of all not to those they profited from holding in slavery. I think the dishonesty that was used to peddle the Constitution to a skeptical public - and its adoption was about as shady a political operation as any in later periods of history - would provide a motive for those who want to know why the First Amendment was worded so vaguely and, as it really has turned out, dangerously. Madison's increasing bitterness and disillusion with the Constitutional order as he saw those two white-man "revolutions" the Jeffersonian one he participated in and the Jacksonian one - Madison being the last of the framers to die - proves he was never much of a democrat. His treatment of those he enslaved should have confirmed that, even without that.
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The ongoing inadequacy of the response of the Democratic leaders in the House an Senate to the Constitutional putsch by Elon Musk and his boy, Trump , the longing for a reestablishment of such Constitutional order as Merrick Garland pretended was in place, even such a clear-eyed observer as Nancy Pelosi thinking that the old, pre-Gingrich Republican Party can rise three decades from the dead proves how unwilling they are to face the fact that all of that is dead, murdered by Supreme Court interpretation of the Bill of Rights and other provisions of the Constitution, permitting, encouraging really, election corruption, nullifying that part of the 14th Amendment that is as much a part of the Constitution as the goddamned Bill of Rights and the First Article which seems to have never much been in effect in the modern period. As I pointed out the other day, once Supreme Court "justices" have blazed trails to fascism in the lore of the Constitution, the only way to lose those roads, which in the use by corporate lawyers in courts become superhighways, is to drastically change both the words of the Constitution and to once and for all correct a defect, as well innovated by the Supreme Court, the Marbury power grab that is responsible for everything from the Dred Scott decision to Buckley v Valeo, Citizens United, and the Court nullification of the 14th Amendment which would have kept the insurrectionist Trump out of a second term.
American democracy, equality, the only basis of legitimate government has fallen by Supreme Court rulings made under that power which Louis Boudin correctly said meant the Constitution means only what the incumbent Court says it means at any given time He called it government by nine conservative black-robed men, not of laws. And the history of the United States from 1803 on proves that they seldom mean anything good when they use that usurped power. Even when they think they're doing the opposite to produce good, as the Warren Court did, they prove to be rather naive as to what they're producing. The concurrence of even "justice" Jackson on the nullification of the 14th Amendment shows how the corruption of Marbury pervades and saturates the folklore which is the actual character of Constitutional scholarship. Anyone who believes you can count on the best, most meticulous of legislative records and the good and wise intentions of such ELECTED OFFICIALS as wrote the 14th Amendment to right even the most obvious wrongs with the Constitutional order - THEY WERE ADDRESSING THE TREASON OF THE CONFEDERACY AND THE WORST WAR IN OUR HISTORY, FOR FUCKSAKE - hasn't taken into account the treachery and stupidity of the UNELECTED "justices" and the kind of casuistry that they teach at Harvard, Yale and Princeton law.
I think Musk and his crime gang have probably stolen more at treasury than we're ever going to find out short of an honest government getting their hands on everything they have and are probably in the process of selling or trading with China and Russia. You shouldn't bet against the Supreme Court preventing such a revelation of criminality by fascist white Republican men. You're going to need every penny, if they haven't abolished pennies by then. And there was not a thing in the goddamned Constitutional order or law or "institutionalism" that did a goddamned thing to keep them from doing it. And that's only one of the shit spewing fans that the Heritage Foundation crime gang - many of them licensed lawyers - are flooding the zone with. The goddamned media are in collusion with them, CBS negotiating a bribe in exchange for a merger, only one of the reasons for that. Which is the stupidity of the inadequacy of the First Amendment in action, too.
We can't go back to how it was even when Joe Biden was presiding over one of the most competent and honest presidencies in our history a short few weeks ago. What that rested on wasn't the goddamend Constitution, it rested on the decency and good will of Joe Biden and his administration - the weak link in that being the lawyer-staffed Department of "justice" under that great, cowardly, foolish "institutionalist," Garland. All of that is gone, anyone who is unwilling to face that is unwilling to face the fact that even Biden's morality and law-based good-governance under the goddamned Constitution as twisted and modified by the Roberts and earlier courts, making that work for the American People failed to protect us from Trump and Republican-fascism. Wanting to go back to what was there before and, by the way, is still there now, is to ask to repeat our most recent history expecting it to turn out better. IT WON'T, IT'S LITERAL INSANITY TO EXPECT IT CAN. If you try that it will get you about what it got when Obama had two terms and Clinton did, as well. Brief intervals of good government in the midst of developing Republican fascism has been what American history has been since Nixon won with the Sullivan Decision permission for the mass media to lie him into office in 1968 and to keep him there in1972 as he ran against one of the most decent men to have ever gotten a presidential nomination.
If Sullivan and others in in that line of corruption permitting decisions that brought us here aren't overturned and permanently shut off from the cleverness of Supreme Courts (they're mostly just doing what lawyers do, working for those with the deepest pockets), if the power to overturn duly adopted laws and to even nullify the Constitution isn't overtly, decisively and permanently stripped from that Court, we're only going to see them do it again and faster this time because the language doing that has already been articulated and is a part of the Ivy League legal lore.
We've had successful white-male revolutions, which I talked about yesterday, the Courts have pretty well thwarted the ones for People of Color and Women, they've been doing that since those white-male revolutions. The Constitutional order has kept that grinding inequality in place, it hasn't even provided economic justice for most white men who have been distracted and corrupted by racism and sexism, YET AGAIN, in electing Trump. I've laid it out, where the corruption in the Constitution is and why it is there. As a former slave pointed out during the Civil War, he and other Black People had been held in slavery under the Constitution since its adoption, he wasn't terribly impressed with the idea of fighting to preserve it. I hold that given the real history of the Constitution and what it permits - the ongoing Musk-Trump crime spree included - we have less reason to want it to remain in its current form than ever before. That history of failure to provide good or even legitimate government, failure unintended, Court instituted and intended by the slavers and financiers who wrote it, is the thing which the best thing about America, the struggle for equality and justice and economic justice has had to struggle against. Every massive boulder which generations of struggle push up hill can be pushed back down by a five to four decision by the Court, even the most blatantly necessary protections against traitors and insurrectionists can be swept aside. We can't go on this way.
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