WHILE LYING AWAKE YET AGAIN, thinking about how really bad Supreme Court "justices" have made things by invoking entirely imaginary Kiefer Sutherland 24 style scenarios in their quest to give a Donald Trump dictatorial powers, against which our idiotic Constitution provides no powers of restraint - largely a creation of the millionaire-billionaire funded intellectual whore houses the Heritage Foundation and the Federalist Society* - it occurred to me what we are seeing is that that effort, the "unitary executive" as it has been embroidered and modified and essentially redefined under the typical fascist-stink-tank process, bottled as vintage "Founders" snake water by the Court IS FACILITATING EXACTLY WHAT THEY CLAIMED A UNITARY EXECUTIVE WAS NEEDED TO PREVENT.
What it comes down to is the Court and the Republican-fascist party allowing Trump to sell everything to an Elon Musk including the very national security which was the pretense the judicial framers of American fascism claimed was their motivation in making a president immune from even criminal prosecution. Allowing Trump - whose patron is Putin - destroying the American-European alliance and giving Putin Ukraine, a major step in Putin reconstituting a Stalinist-Soviet state. The goddamned members of the Roberts Court are doing things that the most insane 1930s-50s era American Stalinist wouldn't have dared to hope was even in the realm of possibilities. And far worse, opening up America's vital national security secrets to whoever an Elon Musk or Donald Trump will give or sell them. John Roberts and his colleagues have actually done that.
That is how totally, complete a lie it has all been, all along. Certainly since Little Chuck Grassley was listening to his elders railing against the New Deal, certainly since the younger ones were being weaned off of the teat of Ronald Reagan. We are watching Elon and his incel-boy shop-lifter army destroy America's safety EVEN IN THE VERY AREA OF NUCLEAR WEAPONRY AND SECURITY AND CERTAINLY PUTTING THE MOST CLASSIFIED INFORMATION AT RISK IF NOT ON THE MARKET and nothing is there to prevent that happening.
Now that they have had a chance to copy things, that information is in their hands and the hands of those they give access to it, forever. The orders of courts for them to keep it under wraps only proves how dangerously out of touch with reality the law and its administrators are. The laws quaintness is as big a danger to us with today's technology as can be imagined.
I have mentioned that those in-their-time heroes of American law and Constitutional order such as Joe Biden and Nancy Pelosi can't seem to understand that we can't go back even to when they were in power. THAT TIME, THAT WORLD HAVING ENDED AT NOON ON JANUARY 20, 2025. Everything they held to be true and sacred is now dead and it won't rise from the dead in three years if, by some miracle Democrats take the Congress with a super-majority in the Senate. The attempt to return to that status quo which died at that second is doomed to failure.
Until all of that decades long conspiracy to destroy that Constitutional order and the even longer program of declaring the effort of former members of Congress of good will - of both parties - to clean it up in the wake of Watergate "unconstitutional" is definitively abolished by changing the very language of the Constitution which has been used to do all of that, American democracy cannot even be restored to the deeply flawed "liberal democracy" it once was as recently as the last time a Democratic President had a Democratic Congress. It cannot progress to becoming a genuine egalitarian democracy with the Constitution we have.
Chief among the things in the Constitution that needs to be blown up and reformed is the dangerous parts of it that led to the "unitary executive" theory - even in its original and less dangerous form. It was out of that language that the fascists of the Heritage Foundation and Federalist Society and their allies on the goddamned Supreme Court pushed the country. Altering the language of the Vesting Clause in Article 2 is as essential as making sure the First Amendment abolishes the "right to lie" and requiring the press to serve the interests of an informed electorate of good will. And all of those changes absolutely need to be made because Supreme Court "justices," belonging to the intrinsically lying profession of lawyering will lie their ways around that language again just as they did to start with.
I do think that, ultimately, a real democracy, an egalitarian democracy will have to drastically reform the entire legal profession to require truth telling among lawyers. Consider the smile that just came to your face when you read that absurd idea, the requirement that lawyers tell the truth and you might understand how true my accusation is. The professional courtesy that even the most honest and honorable lawyers - you'll find them generally in the least well compensated branch of the profession - to their colleagues they know are liars is so ingrained in the entire profession and, so, the judiciary that it is an intrinsic danger to good or even legitimate government. I think a good part of the worst of our Constitution is a product of just such lawyer-lying at the Constitutional Convention and in the First Congress, though even among them things didn't get nearly as bad as they have in the intervening centuries.
I don't think legitimate government is possible under anything like the presidential system the U.S. Constitution set up. Even though the history of the first decades of the country proves the "founders" and that generation had a drastically different conception of both the presidency and the Supreme Court than we do now, as that conception has developed things have gotten steadily worse. It is an experiment that finally failed with the inauguration of Trump II, I'd say it went into its death throes with the issuing of Bush v Gore.
* Both of which were a direct consequence from the inspiration of that genteel Virginia, Harvard Law trained drafter of the blueprint of white-supremacist-corporatist fascism Lewis Powell's 1971 Memo. I think that document, by a future member of the Supreme Court, plays a similar role in the private-sector promotion of Republican-fascism that the Sullivan Decision did in the progressive destruction of American democracy. And from there the 1976 Buckey v Valeo decision did in ENSURING EVER INCREASING CORRUPTION OF CORPORATE MONEY TO PAY FOR MEDIA LYING. I've been working on this area because understanding the role that Powell played in creating the stink-tank and law school campaign against democracy is as important as what the goddamned Supreme Court did, that is just the tip of that toxic shitberg.