Thursday, June 4, 2020

The Constitution Has Failed To Save Us From This - It Can Never Prevent This From Happening Again As Constituted

If the United States elected the executive by the popular vote instead of the appalling anti-democratic Electoral College allocating electoral power unequally to different states and different voters around the country, if the Senate were not so constructed that Wyoming and North Dakota voters have many times the voting power as voters in California and New York, that anti-democratically structured Senate given the sole power to approve of federal judges and the Supreme Court, and a host of other democracy thwarting features built into the Constitution were not there and running events in the United States - we might be able to have both a democracy and a country in which approximately two of out five Americans are more than just OK with the kind of Republican-fascism which we have experienced under, not only Trump but under Bush II.  

Clearly what happened in this past week when Trump ordered the American military to violate the Constitutionally recognized rights of Americans - that iconic right of "free speech"* - when he has committed clearly unconstitutional acts with the approval of the Republican majority in the Senate and the laughably called "justice" system is completely allowed under the Constitution as it really is, as it really has turned out to be.  That alone proves that this Constitution has flaws which have been studiously sought out and expanded and weaponized to use in order to maintain a Republican-fascist power which is not going to be stopped - we don't know if the election will stop it, what if it doesn't?  Where in the failed Constitution are you going to seek refuge in there?   The likes of fucking Robert Mueller?  The other men of "honor"?  The sense of justice in the Courts filled with Federalist Society fascist goons by Grassley,  McConnell, Trump and, yes, Susan Collins, Lisa Murkowski and the rest.   

The Constitution has basic flaws in it, far from the least of those the studiously discovered "right" to lie us into fascist dictatorship, something that the "liberal" ACLU and "civil liberties" lawyers such as Joel Gora and so many other elite lawyers and law scholars fully participated in.  

The American Republic was born the bastard child of northern money interests who had qualms about slavery - a few of whom might have wanted democracy - and the slave-power - not forgetting lots of them on both sides had the ambition to exterminate the native population of the Americas and stealing their land, too.  The Constitution they wrote excluded women, excluded Black People, excluded Native Americans, even held the possibility for the states to exclude poor white men who did not own property of sufficent worth.   It has been an often violent slog to struggle against its original forms and original intent to force change in the direction of equality and democracy.   And all along the way those wanting unequal privilege, the legal ability to rob and steal and cheat and oppress have had an allies on the Supreme Court, especially through the non-Constitutional means of Supreme Court nullification of not only laws, but of the person hood of Black People, not only in Dred Scott but also in the lie of "separate but equal" and in so many other ways.  The "free speech" rulings that allowed the wealthy owners of mass media to lie us into fascism, making their money "speech" which by simple arithmetic proves that they have more of it than those without money, using the very slogans of "freedom" contained in the Bill of Rights doesn't prove the law is an ass, it proves that we have been for not seeing the effects put into effect through that ruse.   And they don't even need to make a ruling of justices, corporations were rended "persons" having more money and so more rights than mere human beings by the act of a goddamned clerk of the court.  

If anyone doesn't admit that this disaster proves the Constitution is entirely able to be a vehicle with which to impose fascist dicatorship, one-gangster-party rule on the United States through those things that make power under it unevenly distributed, through the privileging of lies over the truth, of fantasy over reality, they are as much enablers of that gangster rule as William Barr and Brett Kavanaugh, Samuel Alito and John Roberts. 

American democracy either has to dilute the clogs of fascist prone voters through the change to direct, popular majority of the executive, altering the constitution of the Senate to prevent states with a majority of fascists to overpower those opposed to fascism, to extend the power to confirm judges and justices to the House - since the Court has given itself the power to overturn their duly adopted laws, that only makes sense - and such other changes or, I don't know,  I would favor states not inclined to suffer another Trump leaving the union.   Those anti-democratic features were installed on the threat of such states as South Carolina and Georgia reusing to join the United States, Virginia, too.  The issue then was slavery, that is proved by the same states and others - many of which are bastions of Republican-fascism, today, breaking away when they thought legalized slavery was going to be abolished - as soon as they could exercise power after the Civil War amendments were added to the Constitution - in the corrupt Electoral College deal that put Rutherford Hayes into the presidency, they began reestablishing de facto slavery under that regime codified by the Supreme Court in the infamous Plessy v Ferguson ruling and which is being returned to under the Rehnquist-Roberts court which is reimposing the conditions under which Jim Crow flourished. 

Even if Democrats sweep the election in 2020, the fascists now know that the Constitution can encompass not only the conditions that produce Trumpian gangster governance, it can keep it there and confirm its practices under the Supreme Court "interpreting" the Constitution to that effect.  They've done it once, they will do it again.  The Bush v Gore decision of 2000 was a watershed under which it became clear that the Republican-fascists on the court were willing to stop an election to impose one of their own on us.  The stupidity of the media and commentators proves that the "free press" cannot be counted on to counter that - much of the "liberal press" the New York Times  proved they would have no problem with going along with that.  

I don't want my nieces and nephews, young people I now growing up in a Republican-fascist country in which Black people can be murdered BY THE GODDAMNED POLICE with impunity, a country in which a "president" installed by a minority of votes under the Electoral College can call out the military against The People because his impotent sense of manhood has taken a public humiliation when his cowardice was revealed. 

If the Constitution is not changed, I think it's time for those favoring equality and democracy to divorce themselves from the madness of King Trump or whoever the Repubican-fascists try with the next time, and learn from the long terrible history of injustice which has come to a head, now.  I may feel sorry for those in states that stick to the system as it is but this has come to the point of self-preservation, the preservation of the possibility of equal justice under just law, the possibility of telling the truth and understanding the difference between reality and fantasy, advertising and real life. 

* Not to mention the somewhat less iconic one of "free assembly" that right unevenly recognized not only by the government but by the media, the right to petition the government to demand equal justice - those demanding unequal privilege privileged to do that favored and supported, instead.  

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