The More I Think

 about the point in yesterday's post about the Roberts Court creating an extra-Constitutional means of law making in the United States, the more convinced I am that I am right about that.  The Roberts Court isn't the first court to amend the Constitution by Supreme Court majority fiat,  they've been doing that with increasing frequency and increasing recklessness since 1803,  but it is the first one to have gone so far as to basically and drastically alter the very form of governance that is the entire basis of the United States Constitution WHICH BEGINS BY MAKING THE CONGRESS THE ONLY BODY ABLE TO ACTUALLY MAKE LAW.   The Supreme Court, starting with the modest nullification of a provision in the Judiciary Act - actually drafted by and voted on in Congress by actual framers of the very Constitution - and next and far more catastrophically in the Dred Scott decision,  even those entirely outrageous oversteps by the most compromised and corrupt Court in the land hadn't gone so far as to, in effect, nullify the First Article in the Constitution. 

And that is exactly what the Roberts Court did starting just over a year ago by making their future Republican-fascist king,  Trump, immune from the law and which they have been reinforcing with increased intensity - especially for the lazy, Ivy Leaguer slackers on this court - and devotion to destroying the United States as a government of laws and not of one Republican-fascist man.  They have nullified laws and even sections of the Constitution to put what is indisputably the most corrupt, most criminal, stupid and the most dishonest liar and . . . to remind you CONVICTED CRIMINAL to have ever held the Presidency in the position above laws duly enacted by Congress and previous presidents - allegedly the only legitimate means of making law in the United States.    And, as I pointed out, combined with the foolish absolute pardon power that is actually in the Constitution,  they have made it certain that Trump and whatever future presidents who are of his criminal nature will be able to enact their laws made by monarchical fiat through pardoning their henchmen and storm trooper armies to enforce their will with violence and even death.   

So the Supreme Court which was supposed to interpret the law, has, in fact, nullified not only laws, some of the most important ones ever made such as the Voting Rights and Civil Rights Acts, but have by 5-4 and 6-3 PARTISAN MAJORITIES on the Supreme Court nullified the very form of government which the Constitution set up.

I pointed to the Dred Scott decision in which the infamous Taney Court - before now generally held to be the worst Court to have ever sat in . . . "judgement" which nullified the citizenship of Black People and nullified all of their rights under the Constitution.   They did that along with nullifying a long-standing law made by Congress,  the Missouri Compromise, to do that.    Proving that not only could the Supreme Court make real human beings non-persons,  it could create not only "persons" but grant them de facto citizenship in the 1886 Santa Clara County v. Southern Pacific Railroad case in which the Court created corporations as "persons"  using a forged and plainly dishonest claim by a Senator who then became a corporate lawyer,  lying that into the 14th Amendment where it has gone on to let later courts turn their artificial "persons" into Übermenschen with even the rights baked into the First Amendment but with more power than thousands and millions of real human citizens.   The 1976 Buckely vs Valeo,  made on behalf of one of the premier fascist elite family which also transmuted money into "speech" thus giving billionaires, millionaires and corporations millions and billions more "speech" than any citizen or even their measly non-profit corporations could ever wield.   And all the time, as they expanded farther and father on that,  creating junk that was never in the Constitution nor ever adopted as law by the due processes of Constitutional government,  they have been stripping actual human beings of their rights - the Roberts Court has gone farther in that than any previous court or,  I'd argue, ALL PREVIOUS COURTS TOGETHER HAVE.   The Taney Court settled on stripping Black People of their rights and person hood and even citizenship,   the Roberts Court has done that to whoever Trump and their own Republican-fascist Party targets for that dehumanization.   White People, even white men, for the first time in our history could stand a chance of finding out what life in these United States has been for People of Color, Women and others targeted by the law and the Court as lesser beings in ways that previous generations never had to face   Of course workers have been treated that way for almost the entire career of the Supreme Court, especially under their invention of "corporate person hood" through their from the bench amendments to and nullifications of clauses in the 14th and other Amendments. 

I have a nightmare that the United States, by a miracle, at this point, pulls out of this and a Democratic super majority under a Democratic president takes power and is in a position to stop this Court led plummet into the fascism we are actually in the beginning stages of.   My fear is that the Constitutional scholars and civil liberties lawyers and milquetoast moderates will be too goddamned chicken to make the changes needed - starting with stripping the Court of the very Marbury power that they stole to start with,  putting sufficently short term limits on the tenure of the members of the Court (they should be stripped of the lying title "Justices" too) and making it far easier to remove them than the impossibility of doing that now.   And those are only some of the necessary limits on the Supreme Court.   They also need to make it clear by Constitutional Amendment that no person in the United States - INCLUDING MOST OF ALL A SITTING PRESIDENT WITH SO MUCH POWER - is immune from prosecution for crimes committed while AND AS PRESIDENT.   They should also remove the idiotic absolute pardon power when it comes to those in and out of their administration whose actions impinged on their election and holding the office of president,  Vice Presidents who take power on the resignation of a President should explicitly NOT be able to pardon the president who is in a perfect position to make a Nixon-Ford corrupt deal to that effect.    And it must also make it clear that no Supreme Court has the power to nullify or amend the Constitution.   Without those,  I wouldn't bet a dime on American democracy in even its imperfect and unequal form surviving.   Once those Ivy Leaguer lair-lawyers have made innovations and published them,  that is a trail for them to always follow ever after until those trails are destroyed, utterly.     

I've grown used to people who read what I post thinking I've gone too far,  twenty years ago I used to have idiots on blog comment threads scold me for saying the Republican Party was a fascist party - Bush v Gore was the tipping point in that for me.  I've been scolded for condemning the Supreme Court by those who got the vapors and accused me of being like the segregationists who put up bill boards calling for Earl Warren's impeachment.   I had more than one mid-brow, college-credentialed, media addled dolt saying "The first person to say "fascist" (or "Nazi") loses."   I always hear Susan Stamberg's smarmy NPR voice saying that when I hear it in my mind no matter who typed it into the comment thread.   But I'm getting used to even some of those who mocked that saying the same thing, sometimes years later.    Generally, in the past I hoped they were right and I was wrong.   But I don't bother hoping that anymore because I'm certain I'm right.   And I don't feel any happiness in being right about these things.