POWER TO THE PEOPLE

An important theme seems to run through several recent Supreme Court decisions: that the power in this country belongs to WE THE PEOPLE.  Too many seem to have forgotten this and simply stood by as various governmental bodies seized more and more power that is not rightfully theirs.  The Court did much to right the ship of state in its decisions released this month.

• The Court did not evade its own usurpation of the people’s power.  It acknowledged that it had overstepped its authority when it created an unstated constitutional right out of thin air.  It reversed its error and returned the power to create a right to abortion to the states and the people where it rightfully belongs. (Dobbs v. Jackson Women’s Health Organization)
• On its last day of this term, the Court ruled that governmental agencies (in this case the EPA) do not have expansive, unlimited power to make environmental mandates absent a grant of that power to the agency by the Congress (which is the voice of the people). (West Virginia v. Environmental Protection Agency)
• In ending President Trump’s remain in Mexico immigration policy, the Court noted that federal law allows such discretionary actions by the Executive.  Because such policy is discretionary, and because the people have chosen a different Executive, it follows that such policy or change in policy reflects the voice of the people. (Biden v. Texas)
• In deciding that a school coach has the right to kneel and pray following a game, the Court reminded us that we have the freedom to exercise religion and that it is not the job of governmental entities to seek out and deny such acts that are not intended to impose a particular religion on anyone.  The Court held that the Constitution neither mandates nor permits the government to suppress such religious expression.  That is, again the Court reminded us not only of our rights and the limitations on government to interfere with those rights, but also of the duty of those who live in a pluralistic society to be tolerant of the beliefs of others. (Kennedy v. Bremerton School District)
• The Court also held that Maine’s “nonsectarian” requirement for tuition assistance violated the free exercise clause of the First Amendment, again protecting the people’s right from government intrusion.  (Carson v. Makin)
• The Court held that representatives of North Carolina’s state House of Representatives and Senate could intervene in voter ID-law litigation.  As such, the people, through those representatives, will have their voices heard.  (Berger v. North Carolina State Conference of the NAACP)
• The Court held that a state firearm regulation requiring “proper cause” to carry, prevents law-abiding citizens with ordinary self defense needs from exercising their Second Amendment right to keep and bear arms. Here, the Court did as the Constitution expects and requires:  it protected the enumerated rights of the people from intrusion and limitation by the government. (New York State Rifle & Pistol Association Inc. v. Bruen)

Of course the Court decided more than the above cases, and the summaries of those noted above are brief and simplified; all opinions contain far more detailed legal argumentation and reasoning as well as dissenting or concurring opinions that offer further commentary on the majority decision.

Do I, do most people, like the result of every case?  No.  But the Court's job is not to do what is popular but to read the Constitution and remind us of what it says and make sure that by following our Constitution and rule of law that we maintain our carefully constructed democracy.

I rejoice in the fact that at the end of this term the Court provided us with a number of opinions to remind us of the power structure in our government of/for/by the people.  The governmental institutions exist to serve us, not to control us.  We the people hold the power.  We have certain rights, some enumerated in the Constitution, some which we can ourselves create through our representatives and the political process.  But the rights are ours, not the government's to create, grant, or remove. 

Of course, the exercise of our power requires work.  While protests and demonstrations are a way of voicing opinions and desires in the public square, the way to make those desires a reality as a part of our government and our rule of law, is to work through our elected officials to shape our government.  That begins when we cast our vote.  It requires us to be informed of how our government and our political process works and to understand the ways in which we can exercise our voice.  It also requires us to be gracious when we do not get our way and to understand that we cannot have the diversity and pluralism that make this country great without also exercising tolerance of those with whom we disagree.

I am grateful to the Court for reminding us of these things.  I am grateful that the Framers were wise enough to include a non-political branch of government which can keep us focused on who and what we are and ease us back on course when we forget what our democracy is or how it works. 

I only wish that those who are attacking the Court for judgments the results of which they find displeasing, would understand what the Court’s role is and respect it.  How different the behavior of our current president from that of President Kennedy when faced with a decision not to his liking that prohibited prayer in public school.  The following is from President Kennedy’s News Conference on June 27, 1962:

 QUESTION: Mr. President, in the furor over the Supreme Court's decision on prayer in the schools, some members of Congress have been introducing legislation for Constitutional amendments specifically to sanction prayer or religious exercise in the schools. Can you give us your opinion of the decision itself, and of these moves of the Congress to circumvent it?

PRESIDENT KENNEDY: I haven't seen the measures in the Congress and you would have to make a determination of what the language was, and what effect it would have on the First Amendment. The Supreme Court has made its judgment, and a good many people obviously will disagree with it. Others will agree with it. But I think that it is important for us if we are going to maintain our Constitutional principle that we support the Supreme Court decisions even when we may not agree with them.

In addition, we have in this case a very easy remedy, and that is to pray ourselves and I would think that it would be a welcome reminder to every American family that we can pray a good deal more at home, we can attend our churches with a good deal more fidelity, and we can make the true meaning of prayer much more important in the lives of all of our children. That power is very much open to us.

I would hope that as a result of this decision that all American parents will intensify their efforts at home, and the rest of us will support the Constitution and the responsibility of the Supreme Court in interpreting it, which is theirs, and given to them by the Constitution.

If only our current President, our politicians, and all of our citizens would understand the great gift that we have in this country and that we have the Supreme Court to remind us when we forget.   These opinions should wake us not to fear but to joy in our rights and our responsibilities.  It is our duty to work constructively together through our elected representatives to create the rules that this great nation deserves.

I am both thankful and proud that I am a small part of our country’s legal system.  Like everyone, I do not always agree with the Supreme Court, but I do respect it.  And now that it has blatantly reminded us that we the people have the power, rather than disrespect or work to destroy this great institution I wish the people would understand that they do not need to destroy in order to simply seize the power that they already hold. 

The Story Does Not Have to End Badly

ONCE UPON A TIME

Once upon a time people took responsibility for their own lives. If they felt unhappy, suffered a setback, were hurt physically or emotionally, they might ask for temporary help or consolement, but would work towards, and then would, pick themselves up and move forward. Not diminishing the hurt and pain, but learning from it, working to see that it did not repeat itself.

Once upon a time, people were honest, or at least tried to be. When they made a mistake they would admit it, take responsibility, face the consequences, and, again, learn from it.

Once upon a time, people did not blame all their problems on others, without taking any responsibility for themselves, without acknowledging that sometimes life just isn’t fair, that things happen.

Once upon a time, people actually believed that things happen for a reason; reasons that mere mortals may not understand at the moment.

Once upon a time, people did not live only in the moment, needing immediate gratification and resolution. Instead, they had and respected the concept of patience, understanding that things take time to evolve and to come to fruition.  Understanding this, they were also willing to work for their and society’s goals without receiving immediate gratification or compensation or awards for their efforts.

Once upon a time, people did not need scapegoats for their or their nation’s problems.  They did not villainize based on first impressions or political agendas.

Once upon a time, people did not rush to judgment but instead waited for facts and evidence which they then weighed to arrive at their own well-thought-out decision.  They did not simply repeat conclusions delivered to them by others.

Once upon a time, people paid attention to rules, laws, authorities.  They did not do as they pleased but rather were guided by laws created by the society in which they live.  They used non-violent civil disobedience to voice displeasure with laws or their outcomes rather than violent and destructive riots (which they call “peaceful protests).  They also believed that laws should be enforced equally, rather than based upon where the violator falls on the political spectrum.

Once upon a time, people cared about things bigger than just themselves – family, country, God.  These concepts helped them to live and join together for a common purpose and good of all, even when they might differ about their own personal beliefs.

Once upon a time, people believed that people were more than the color of their skin or their political party and they could treat one another as individuals rather than cardboard cutouts of this or that identity group.  They saw humanity as One, rather than a bunch of separate warring groups and their “Intersectionalities” constantly urged by those seeking power to hate one another.

Once upon a time, people were tolerant of their differences one from another.  They were able to live together despite those differences, form families, communities, and a country, and work together and with patience to ever better their society.

THAT WAS THEN.  THIS IS NOW.

Today, too many people expect that every moment of their waking (and sleeping too) life should be happy and enjoyable.  If it is not, there is no looking within, but rather an unending need to blame others for every problem.

At the same time, these people demand others take care of them, believe that everything that they want is simply a “human right” to which they are entitled to be provided – by the government (which really means by their neighbors who pay the taxes that will pay for their gifts), by those who have worked hard (and perhaps just been lucky in the face of life) and acquired more than the people making demands, by those who their political leaders have labeled as oppressors or other villains.

Today, too many people demand immediate gratification; they are without patience.  They are willing to jump to judgment on any issue without examination of facts or consequences of varying forms of actions.  When their initial judgment is proven to be in error, rather than admit as much they will double down with hate against those whose truth has proven them wrong.

Today, too many people think that laws are nothing but a suggestion at best.  If useful to attack someone or something they find displeasing they will go all in  with legal approaches, but if they find those laws displeasing, standing in the way of their pleasure or their desired actions and policies, then they will just ignore the rule of law (which, by the way, is a core foundation of this country, the disrespect and disobedience of which will surely destroy America as we know it).

Today, too many people do not care about God or country or family; rather, their focus is exclusively on themselves and their own pleasure.  That prohibits them from working with others for the better of all humanity; but that does not matter to these people whose primary, if not only concern is simply their own satisfaction.

Today, too many people think that everyone should think as they do, that all should march in lock step to their singular belief structures.  They easily label those who are different, whether in thought, appearance, class, or other distinction, to be something evil, something less than they are, something that one should have no remorse about destroying.

Today, too many people are caught up in a superficial self-absorption that is moving at rapid pace to destroy individuality, individual freedom, family, country, society, and ultimately the world.

WE ARE ON THE WRONG TRACK - CAN WE CHANGE TRAINS?

"Train" seems an appropriate metaphor since Joe Biden loves to use the train as his symbol.  He wanted us to switch to his train in 2020, it promised a good ride for everyone, a ride full of love, peace, and happiness. 

That was a lie.  Indeed, one of the first things we learned about Joe the conductor is that he is a pathological liar. He has told lies about every major policy action of his administration:  Afghanistan; Inflation; the “infrastructure” acts, their cost, their content, their intent; taxes and the middle class; illegals in this country; the border; his opposition; his interactions with school unions and CRT; he and his family’s relations with foreign oligarchs; his travel; his health; his Vice President; his appointees; the economy; US independence from foreign oil and other needs; Coronavirus; and many many others.

Even when he makes a statement that is false and the proof of that falsity is placed squarely before him, Biden nonetheless doubles down on the lie rather than admitting his mistake.  Then he begins finger pointing to set the blame and responsibility anywhere but on himself.

Our conductor is not only a liar, he has no respect for the rule of law.  He repeatedly proclaims guilt and innocence (e.g. the border agents & allegations of whipping that were proven false; calling Rittenhouse a white supremacist and murderer before any trial).  He ignores law and court rulings that contradict his position (e.g. going ahead with the OSHA vaccine mandates even after a Federal appellate court declared this overbroad and unconstitutional).  

Indeed, making judgements in several politically sensitive cases before or during trial removes the jury’s duty, obligation, and right to make such decisions, as well as very possibly affecting the outcome.  Doing what he wants despite the law and legal processes is authoritarian behavior that is a clear attack on democracy and its rule of law.

Our conductor Biden also has problems following laws of his professed religion that he doesn’t like or which are not politically convenient for him.  That is a problem between he and his God; nonetheless, it does give us further refection of his true character.

There is a selfish, “let them eat cake”, attitude within this administration and its supporters as they suggest that in light of the huge inflation that it would be good for our health to simply eat less.  Tell that one to the mother of a couple of teenage boys whose food bill has nearly doubled along with the gas she needs to buy to get to the grocery store and to her job (if she still has one) where her paycheck buys less due to higher prices across the board along with higher taxes.  And with what little spending power she may have left, she has to deal with empty shelves due to supply chain issues - issues that our conductor Biden tells us are actually good for us and the economy.

Our conductor also, rather than giving us a ride of unity and peace, is dividing us into different cars based not only on external identity characteristics and political beliefs, but also on our core beliefs and values.  Not the gentle, kind “Uncle Joe” as was promised, our conductor is full of hate for all who do not agree with him and his policies. 

It is possible that there are those today who are fine with all of the above, those who, because they are not personally affected by any of the above (YET!) ignore what is going on or simply accept it.  These are the people who are helping our conductor, shoveling the coal (or the clean new energy) into the engine, allowing our conductor to keep us on his track.

This train is chugging along at a faster and faster pace.  It is headed for a crash. 

If this were a country and not a train, we would call that conductor authoritarian and anti-democratic.  Oh, wait, it is a country and that conductor is our president.  And he is moving with enormous speed to destroy America and society as we know it.

WE NEED TO GET OFF AND FIND ANOTHER TRAIN.

First step:  the majority need to admit that they were bamboozled by the brochure and picked the wrong train. ( If they still think they are on the right track they may want to get their heads out of the sand or listen to something other than CNN, or they are simply completely self-absorbed without concern for the society around them).  

It’s hard to admit mistakes, but if they are to be corrected, that is the first step.

Nest step:  the majority need to stop blindly accepting what they are told - by the President, by the politicians, by the media.  Everyone needs to instead start asking for all the facts, questioning those facts, considering conclusions and their consequences, and making up their own minds.

Next step:  the people need to speak up and do so civilly as a democracy allows and requires.  Speak to friends, but also to leaders and politicians.  Make everyone's' voices heard.  Ask the questions that need asking of the people who will be making the decisions that will ultimately affect the lives of all of us.

Next step:  become educated about our government and our political system.  Read the constitution.  Read about the three branches of government – who each is and what each’s role is and what are the limitations on each.  Understand how the three branches serve as a necessary system of checks and balances on one another.  Learn this from an objective standpoint, not from someone with a biased political agenda.

Next step:  Vote.  Not based on party.  Not based on what one is told.  Based upon investigation of the individual candidates, their role within their party, the role of the seat they are seeking within our system of government.  Understand what things that role can affect, how the individual candidates will carry out their role, and the effect that person’s decisions will have.

Begin your education today.  Consider what sort of train you want to be on.  Every election is an opportunity to change trains, but in order to choose wisely you must be prepared with knowledge and the ability to think critically about what you are told.  That preparation cannot wait until the trains are in, or about to leave, the station.  It is up to all of us how our the story of our journey ends.

Democracy Means That Sometimes You Lose

The 2018 elections prove what began to become obvious in 2016:  many Democrats believe that if they or their candidate does not win then the result is illegitimate.

One would have to have been living on a deserted island for the last 2 years to not realize that the Democrats still cannot accept the fact that their presidential candidate lost the election.  They continue to mount attack after attack on the winner of that election to prove that his presidency is somehow illegitimate.

Now we see the same sentiment expressed in many of the midterm elections.  We could begin by talking about the questionable tactics following close votes and then the sudden appearance of previously undiscovered votes – these suddenly produced ballots may simply be the result of incompetence, or they may be the result of something more.  Perhaps they reflect the view that any means necessary, including counting illegitimate ballots, is acceptable in order to produce a win for your candidate.  We will probably never have a definitive answer on that question.  But, we will always wonder if the call of the losing Democrat candidates to “count every vote” is meant to include both legitimate and illegitimate votes.

But, beyond that, look at the difficulty that the Democrats have in conceding.  When it is obvious they cannot win they will file lawsuit after lawsuit to attack the results.  In many of these races, the national and outside Democrat interests have millions invested in the race (making politics anything but local!) and even after a win for their candidate is completely hopeless and the candidate concedes, the winners are immediately attacked as illegitimate with assertions that they somehow stole the elections, as well as having the now typical Democrat epithets thrown at them (racist, supremacist, etc.).  The voters are then also attacked (for example, a recent CNN panel attacked “white women Trump voters” as racist and white supremacists).

When they finally realize that the votes just are not there for their victory, the Democrats often concede without conceding.  In Florida, Gillum conceded, withdrew his concession, conceded again.  Nelson, who finally conceded to Scott, did so only after filing scores of lawsuits.  In Georgia, Abrams finally conceded but refuses to call Kemp’s victory legitimate, saying “I think it was wrong.” (apparently if you lose then that is wrong, and the winner’s victory is illegitimate.) 

So what does this inability to accept one’s loss say about one’s understanding of our democracy?  It is an inability to accept the very core premise of our democracy – that there will be a fair and honest vote in which the people will decide.  This means that sometimes the people do not want what your candidate is selling and you lose.  And the loser needs to lose gracefully, concede, to wish the winner and our democracy well.  Only those who believe that they know better than the people, that they are somehow entitled to be in power, would see a loss as something so wrong that it makes the victory of their opponent illegitimate.

Yet, this is exactly how many Democrats seem to view our elections.  They believe they should be in power because they know what is right for all of us.  They would prefer not to listen to the people’s voices and, when those voices disagree with theirs then they simply believe that those voices are wrong or that there has been some illegal act that has stolen victory from their candidate.  They claimed the Russians did it in 2016.  In 2018 they claim that it is somehow the fault of a variety of perfectly valid election laws.  They claim unspecified tampering.   They blame the voters.  Yet, isn’t it interesting, that any actual evidence of tampering more often than not points towards the Democrats.

In this country, we have elections and when they are over, the losers, while unhappy, need to accept and respect the result. They many not like the individual who now holds the office, but they need to respect the office and give support to its holder, because such support reflects a support for our country and its democracy.  And note, support does not necessarily mean agreement with every policy decision or action; our country thrives on diverse views.  But, our country also thrives on elections that provide the will of the people in our government of, for, and by the people.  

The Democrats' inability to accept and their readiness to attack the will of the people is very telling.  In my opinion it evidences not a concern for the people or for our democracy, but rather an unquenchable thirst for their own power – a thirst that is willing to ignore the people and our very democracy in order to achieve that focused goal.   It is the similar thirst for power that one sees in the sham elections that occur regularly in a variety of dictatorships around the world. 

This thirst of the Democrats shows no sign of abating.  With a majority in the House, rather than work on legislation for the good of the people and the country, the Democrats appear to be focused only on investigations and attacks against anyone in power who is not one of them.  Rather than accepting a variety of state elections and letting those who won get on with the business of governing, the Democrats will use the courts to mount attack after attack upon the winners and the results.

Disagreements over policy are one thing, they are a healthy requirement of democracy, but attacks on any differing voice and a total intolerance of opposing views is completely contrary to the very core of our democracy.  Yet, that intolerance is exactly what the Democrats inability to accept the legitimacy of an opponent’s victory reveals.  A true believer in our democratic form of government will respect and support, not attack the voice of the people.   They understand that their power is subservient to that of the people.

The Democrats simply do not understand that Democracy means that sometimes you lose and that the appropriate response is to accept that defeat, continue to express your differing views while working with the winner for the good of the country and its people.