Tuesday, April 9, 2019

What Are We Going To Do If Trump Is Right About How Corrupt The Court Is?

If, as Trump clearly expects it to, the Republican-fascist majority on the Supreme Court lets him get away with whatever crimes he commits and, also from the Congressional oversight that even the Constitution asserts is within the power of the Congress, what will happen? 

If the habit of thought we were raised with determines that, people will say,  "Oh, hell, Rome The Court has spoken, and we have no choice but to accept that as the shifted good order," we will have allowed the Republican-fascist dominated court to alter the Constitution into the kind of dictatorship that lots of us expect.  It is the kind of thing that presidential systems that copy ours so often turn into.

The news media has encouraged that in the past, the asserted requirement of accepting the outrageous Bush v. Gore decision, that subsequent cover up for the Bush crime family putsch by the New York Times as it thought up ways to twist the results of the news consortium study that showed that Gore, in fact, won the vote in Florida, had all the ballots been counted.  If you're counting on the "respectable" press to prevent that tumble into autocratic governance, sorry, no.  Look at their recent behavior, the people who dominate it are oligarchs and, largely, contented cattle, children of the affluent class and those who aspire to join them.

But, say, they are almost as unwilling to see a Supreme Court facilitated fascist dictator as American patriots would be, how do we get past that Supreme Court working against, not the full Congress, but the House in an imbalance of power that our bicameral legislative structure is supposed to prevent but which it hardly guarantees.  I am rather allergic to reading the often dishonest, often repulsively deceptive Federalist papers, so I don't know what the unofficial record shows in those pseudo-gods anticipation of such a thing - what they really feared was popular governance, democracy which they suspected would come from the most democratic of all the parts of government, the House, the reason that the present Republican-fascist crime regime, under Trump, McConnell and the fascists on the Courts put there by Republican-fascism makes the House our last hope for stopping the crimes of Trump.  And, as I pointed out, the media, especially the overtly fascist media but, also, the complacent "respectable" media is not performing its alleged role as a check on all of them. 

The Congress is given the obligation to hold the other branches in check, not only the president but, also the judiciary which has been totally corrupted under McConnell, Grassley, Graham and the rest of the Republican-fascists in the Senate, perhaps Lisa Murkowski having some claim to not participating in the last stab against democracy, the confirmation of the moral swinging door, Brett Kavanaugh. 

The two Republican regimes of this century, the Supreme Court installed Bush II regime and the Electoral College imposed Trump regime, this situation in which the honor that the often rickety system depended on holding up is certainly absent from the Republicans who have not left the party in disgust and horror, prove that the system set up in the Constitution is fatally vulnerable to the kind of attack it has been under through billionaire financed entities such as the Federalists, through the "strict constructionist" "originalist" and the overtly fascist "unitary executive" doctrine which was developed in the elite law school faculties, and the Republicans on the Supreme Court who, uniformly, now, are overt fans of one or another vehicle of fascism. 

We will not survive as a democracy, equality will turn to ever increasing and increasingly violent inequality unless there are the most basic changes in the structure of the government, in the regime that has allowed media to lie us into this situation.  The articles that lawyers and even law professors are writing about how the House has not only what is sloppily considered "a right" but which is really a responsibility to demand the Mueller Report, its supporting evidence,  Trump's tax records, and all of the other things they need to keep us from pitching into Stephen Miller's demented wet dream of white-supremacist fascism and the horrible civil war that will result in that are not going to save us. 

The normal functioning of the Constitution is the thing that the billionaires and their hired, Ivy League thug-laywers and other professionals figure out how to rig on their behalf IS how we got here, with the inability of the Democrats in the House to stop it, hampered by the Courts will be the last hope of making that thing work.   In the future, if egalitarian democracy is to survive, we will have to have far stronger protections against such system rigging, often based on the act of judicial stupidity that corruptly refuses to make even the most obvious of distinctions, a pose that has produced so much of the corruption in our government. 


You want to bet that the Supreme Court, lower courts stuffed with Republican-fascists, "Federalists" "Originalists" white supremacist-fascists will save us?  The real history of the Supreme Court, not the hagiographic bull shit that is regularly substituted for that, is as sleazy and corrupt and racist and ideologically demented as that of the Senate that appointed it so often is.

One of the things I hope will happen if the unlikely thing happens and Democrats take back the Congress and the Presidency will be that they force through basic changes in how the Supreme Court operates.  The Supreme Court has been the origin of the corruption, "liberal" and right wing.   A range of "justices" from the overt partisan fascists such as Scalia, Alito, Rhenquist, . . . but also the often ill cast "liberals" such as Douglas, Brennan, even Thurgood Marshall (through freeing the media to lie on behalf of the rich and fascist) have played a role in this. 

I have pointed to the radical lawyer and law scholar Louis Boudin who warned about the danger of an out of control court in the past.  One of the things he advocated was that the other branches of the government require a unanimous decision before a duly adopted law, passed with a majority in the congress, even a large majority and made law can be overturned.  I think another thing that is absolutely necessary is that justices who are too ignorant of math and science to understand the issues of cases are balanced with those who have knowledge of those topics and the law.  The size of the court is inadequate for modern life and, when corrupt degenerates like Mitch McConnell, Chuck Grassley and Lindsay Graham dominate the Senate, they will make things worse.  I think a vote of the House should be required to confirm members of a Court that will lord it over what has more of a chance of being The Peoples' House.  The Senate has proven to be untrustworthy to handle that responsibility, alone.  It has a history that is even more sordid than the House and the way it is elected makes the Senate more susceptible to manipulation by the rich and the ways they have found to rig the Constitution to be their tool.

But the entire thing rests on a majority of the American People knowing the truth, knowing the truth is the only way that we will ever be free.  But that isn't enough, it isn't nearly enough.  A nation that believes the lies that our media pushes has no hope of that.  Egalitarian democracy depends on more than that, though, it also depends on a real, effective belief in moral obligation to other people around us, to people we will never see, to people who don't look or sound like us and to the environmental basis of life, itself.   The very moral obligations that a majority of those in the Senate, the Supreme Court  and in the Trump regime reject and hate.  Given the cynical corrupt shit that the media has fed The People on 24-7-365 for decades, now, under the license that is mistakenly called "freedom" under the First Amendment as interpreted by the Court, it's not really any surprise we are in such deep shit.

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