Showing posts with label constitution. Show all posts
Showing posts with label constitution. Show all posts

Nov 23, 2025

Due Process, Bitch

...nor be deprived of life, liberty, or property, without due process of law

Amendment 14:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.



Trump administration cannot expand rapid deportations, US appeals court rules

REUTERS/Shannon Stapleton Purchase Licensing Rights, opens new tab
Nov 22 (Reuters) - A federal appeals court on Saturday declined to clear the way for U.S. President Donald Trump's administration to expand a fast-track deportation process to allow for the expedited removal of migrants who are living far away from the border.

A 2-1 panel of the U.S. Court of Appeals for the District of Columbia Circuit declined to put on hold the central part of a ruling by a lower-court judge who had found that
the administration's policies violated the due process rights of migrants who could be apprehended anywhere in the U.S.

U.S. District Judge Jia Cobb in an Aug. 29 ruling sided with an immigrant rights group and blocked the U.S. Department of Homeland Security from enforcing policies that exposed migrants to the risk of rapid expulsion if the administration believed they had been in the country for less than two years.

The administration asked the D.C. Circuit to stay that ruling while it appealed.
But U.S. Circuit Judges Patricia Millett and J. Michelle Childs said the administration was unlikely to succeed in showing its systems and procedures adequately protected migrants' due process rights under the U.S. Constitution's Fifth Amendment.

The judges, both appointees of Democratic presidents, cited "serious risks of erroneous summary removal" posed by the administration's effort to expand the fast-track deportation process away from the borders to cover the entire U.S.

While the court largely left Cobb's order in place, it stayed part of it to the extent it required changes to how immigration authorities determine if someone has a credible fear of being sent back to his or her country of origin.

U.S. Circuit Judge Neomi Rao, a Trump appointee, dissented and called Cobb's ruling "impermissible judicial interference."

The department did not immediately respond to a request for comment. The administration's appeal on the merits is scheduled to be heard on December 9.

For nearly three decades, the expedited removal process has been used to quickly return migrants apprehended at the border. In January, the administration expanded its scope to cover non-citizens apprehended anywhere in the U.S. who could not show they had been in the country for two years.

The policy mirrored one the Trump administration adopted in 2019 that Democratic President Joe Biden's administration later rescinded. The Trump policy also was challenged by the immigrant rights advocacy group Make the Road New York.


Oct 16, 2025

3rd Amendment

Kristi Noem is running a secret police operation. None of us is obliged to accommodate government overreach.


Sep 17, 2025

Today's Today

I hate the thought that we may end up looking back on Constitution & Citizenship Day as a quaint thing of the past.


We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article I
Section 1: Congress
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2: The House of Representatives
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers;and shall have the sole Power of Impeachment.

Section 3: The Senate
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 4: Elections
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section 5: Powers and Duties of Congress
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section 6: Rights and Disabilities of Members
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section 7: Legislative Process
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section 8: Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9: Powers Denied Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section 10: Powers Denied to the States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article II
Section 1
The executive Power shall be vested in a President of the United States of America.

He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 3
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article IV
Section 1
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section 2
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section 3
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Article V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article VI
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article VII
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Seventh Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

11th Amendment
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

12th Amendment
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.-- The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

13th Amendment
Section 1
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2
Congress shall have power to enforce this article by appropriate legislation.

14th Amendment
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

15th Amendment
Section 1
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2
The Congress shall have power to enforce this article by appropriate legislation.

16th Amendment
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

17th Amendment
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

18th Amendment
Section 1
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

19th Amendment
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

20th Amendment
Section 1
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

21st Amendment
Section 1
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2
The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

22nd Amendment
Section 1
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

23rd Amendment
Section 1
The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2
The Congress shall have power to enforce this article by appropriate legislation.

24th Amendment
Section 1
The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.

Section 2
The Congress shall have power to enforce this article by appropriate legislation.

25th Amendment
Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

26th Amendment
Section 1
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2
The Congress shall have power to enforce this article by appropriate legislation.

27th Amendment
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Jul 13, 2025

Jul 11, 2025

A Big Win - For Now

Gotta love it when the opposition lines out a plan to beat them at their own game.

And yes - it's a New Rule - write it down:
Whenever Sam Alito's having a bad day, America's having a good one.


Jun 26, 2025

Tomorrow

We could see a major signal coming from SCOTUS tomorrow.

This ruling could be Roberts saying he intends to assert and maintain his Article 3 power - or that he will eventually capitulate.

So much fuckin' fun to live in interesting times.


May 10, 2025

Press Poodles Clutching Pearls

The US Constitution works on the honor system.

Trump is exactly the guy Madison and Hamilton worried out - the unscrupulous jerk who would use the founding documents as a guide to subvert them, and to warp government structure to serve his own ends - to make his own law.

A slug like Trump lives in SmarmSpace© (where loopholes are found, or manufactured).

He simply doesn't care about honor, or the rule of law, or right-n-wrong.

Unfortunately, there are about 275 people in Congress who are willing to go along with all this shit - because they're either cowardly phonies, or active participants in the project to tear down our traditions of democratic self-governance in order to replace it with a corporate-style plutocracy.

It's not a bad thing for media to keep these things in public view, but instead of the usual 10 minutes of exasperation, we need an acknowledgement of the fact that these assholes are actively working to kill democracy, and we need to know how we go about beating them - including civil disobedience.


May 4, 2025

Standing Up

"All" hasn't always meant 'all'. But if we're going to to that "more perfect union" thing, we need to be committed to working at it. Working harder that we have been anyway.

"...all...are created equal."

"...with liberty and justice for all."

I drove by UVa for that torchlight shit Aug 11, 2017 - and then I was downtown in Charlottesville the next day. It kinda knocked me back, and I felt the need to do my protesting in cyberspace.

But seeing what was happening with the BLM demonstrations, and then with more recent events - where only black folks are being detained and arrested, it's time for me to step up and get back in the game in meatspace.

I'm getting a little old for this, but I'm there. I'm up on my hind legs.

At this point, I've got way more to gain - way more important things - than I have to lose.

If we're not 'all', then we're nothing.

Like Mr Jefferson said:
"...with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our Sacred Honor."


Apr 21, 2025

The 5th

No person shall be ... deprived of life, liberty, or property, without due process of law.
  • It doesn't say "citizen"
  • It doesn't say "except for undocumented migrants"
  • It doesn't say "white people"
  • It doesn't say "unless some jagoff on social media decides he gets to make shit up"
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

What is it you're having a hard time understanding? Assuming, of course, you've actually read the damned thing. And, of course, assuming you can actually fucking read.

Feb 2, 2025

The Tariffs

Tariffs can be helpful - if they're carefully considered, and selectively applied.

This doesn't look like it satisfies either of the essential criteria:


We won't know what he's actually doing - what he actually thinks he's doing - until some of the shit starts to hit the fan.
  • Is he just flexing - reminding us that he's the big dog and we need to stay in line?
  • Is this intended as leverage on someone or something?
  • What does he stand to gain personally?
  • Is it intended to put us in danger - or make us think we're in danger - so he can play hero and rescue us? (He declared an "economic emergency" to justify it, y'know)
  • Is it some kind of variation on the Milton Friedman thing - Economic Shock Therapy? (A strategy that involves exploiting political and social chaos to implement unpopular policies. These policies favor corporations and disadvantage citizens)
Knowing what we know about the workings of Trump's "brain", there's no way this shit does anything but fuck things up. And given the Project 2025 subtext, that could be the whole point.

The tariffs don't take effect until Tuesday, so maybe it's just something he needed to do to claim that he kept a campaign promise, and he'll pull back, saying he's so amazingly awesome that all he had to do was say "Jump!" and the whole world said "How high, sir?".


Trump imposes tariffs on Canada, Mexico and China, raising prospect of higher costs for U.S. consumers

The Trump administration put the tariffs in place to force the three countries to stop the spread and manufacturing of fentanyl, in addition to pressuring Canada and Mexico to limit any illegal immigration into the United States.

The word 'ostensibly' belongs in that sentence: "The Trump Administration put the tariffs in place ostensibly to force the three countries..."
The Denver Post is proving itself to be pretty docile and stenographer-ey.

PALM BEACH, Fla. — President Donald Trump on Saturday signed an order to impose stiff tariffs on imports from Mexico, Canada and China — fulfilling one of his post-campaign commitments to voters that also carries the risk of sparking higher inflation and disrupting businesses across North America.

Trump declared an economic emergency in order to place duties of 10% on all imports from China and 25% on imports from Mexico and Canada — America’s largest trading partners — except for a 10% rate on Canadian energy, including oil, natural gas and electricity. The tariffs would go into effect on Tuesday, setting a showdown in North America that could potentially sabotage economic growth.

A senior administration official, insisting on anonymity to brief reporters, said the lower rate on energy reflected a desire to minimize any disruptive increases on the price of gasoline or utilities. That’s a sign the White House understood as outside economists have warned that the import taxes if sustained could dramatically increase inflation, a possible problem for Trump as he promised to tame inflation after public unhappiness with price spikes under former President Joe Biden.

The order signed by Trump contained no mechanism for granting exceptions, the official said, a possible blow to homebuilders who rely on Canadian lumber as well as farmers, automakers and other industries.

The White House said Trump’s order also includes a mechanism to escalate the rates if the countries retaliate against the U.S., as they have threatened. Both Canada and Mexico have plans, if needed, to impose their own tariffs in response.

The Trump administration put the tariffs in place to force the three countries to stop the spread and manufacturing of fentanyl, in addition to pressuring Canada and Mexico to limit any illegal immigration into the United States.

The official did not provide specific benchmarks that could be met to lift the new tariffs, saying only that the best measure would be fewer Americans dying from fentanyl addition.

The order would also allow for tariffs on Canadian imports of less than $800. Imports below that sum are currently able to cross into the United States without customs and duties.

The Republican president is making a major political bet that his actions will not worsen inflation, cause financial aftershocks that could destabilize the worldwide economy or provoke a voter backlash. AP VoteCast, an extensive survey of the electorate in last year’s election, found that the U.S. was split on support for tariffs.

With the tariffs, Trump is honoring promises that are at the core of his economic and national security philosophy. But the announcement showed his seriousness around the issue as some Trump allies had played down the threat of higher import taxes as mere negotiating tactics.

The president is preparing more import taxes in a sign that tariffs will be an ongoing part of his second term. On Friday, he mentioned imported computer chips, steel, oil and natural gas, as well as against copper, pharmaceutical drugs and imports from the European Union — moves that could essentially pit the U.S. against much of the global economy.

It is unclear how the tariffs could affect the business investments that Trump said would happen because of his plans to cut corporate tax rates and remove regulations. Tariffs tend to raise prices for consumers and businesses by making it more expensive to bring in foreign goods.

Many voters turned to Trump in the November election on the belief that he could better handle the inflation that spiked under Democratic President Joe Biden. But inflation expectations are creeping upward in the University of Michigan’s index of consumer sentiment as respondents expect prices to rise by 3.3%. That would be higher than the actual 2.9% annual inflation rate in December’s consumer price index.

Trump has said that the government should raise more of its revenues from tariffs, as it did before the income tax became part of the Constitution in 1913. He claims, despite economic evidence to the contrary, that the U.S. was at its wealthiest in the 1890s under President William McKinley.

“We were the richest country in the world,” Trump said Friday. “We were a tariff country.”

Brad Setser, a senior fellow at the Council on Foreign Relations, noted on the social media site X that the tariffs “if sustained, would be a massive shock — a much bigger move in one weekend than all the trade action that Trump took in his first term.”

Setser noted that the tariffs on China without exemptions could raise the price of iPhones, which would test just how much power corporate America has with Trump. Apple’s CEO Tim Cook attended Trump’s inauguration last month.

Recent research on Trump’s various tariff options by a team of economists suggested the trade penalties would be drags on growth in Canada, Mexico, China and the U.S. But Wending Zhang, a Cornell University economist who worked on the research, said the fallout would be felt more in Canada and Mexico because of their reliance on the U.S. market.

Canadian Prime Minister Justin Trudeau told Canadians that they could be facing difficult times ahead, but that Ottawa was prepared to respond with retaliatory tariffs if needed and that the U.S. penalties would be self-sabotaging.

Trudeau said Canada is addressing Trump’s calls on border security by implementing a CDN$1.3 billion (US$900 million) border plan that includes helicopters, new canine teams and imaging tools.

Mexico President Claudia Sheinbaum has stressed that her country has acted to reduce illegal border crossings and the illicit trade in fentanyl. While she has emphasized the ongoing dialogue since Trump first floated the tariffs in November, she has said that Mexico is ready to respond, too.

Mexico has a “Plan A, Plan B, Plan C for what the United States government decides,” she said.

Trump still has to get a budget, tax cuts and an increase to the government’s legal borrowing authority through Congress. The outcome of his tariff plans could strengthen his hand or weaken it.

Democrats are sponsoring legislation that would strip the president of his ability to impose tariffs without congressional approval. But that is unlikely to make headway in a Republican-controlled House and Senate.

Because of course - why would Republicans in Congress want to maintain the separation of powers as required by the US Constitution? Silly people.

“If this weekend’s tariffs go into effect, they’ll do catastrophic damage to our relationships with our allies and raise costs for working families by hundreds of dollars a year,” said Sen. Chris Coons, D-Del. “Congress needs to stop this from happening again.”

Sep 29, 2023

Random Quote(s)


I'm almost done with "The Second" - which is the kind of real history that assholes like Ron DeSantis won't allow to be taught.

And guess what - not teaching kids the real history of USAmerica Inc is not a new thing.

I think I may have cause to raise a class action suit against the Jefferson County School System of the 60s and 70s. Which I thought did pretty fucking great by me - and they didn't. Not by a long shot.

None of this was taught in any of the many American History classes I took - and I had every right to expect that my teachers would let me know about it.

I will never not be pissed off about this.

"It is impossible to be unarmed when your blackness is the weapon that they fear."

Aug 31, 2023

Another Mitch Glitch

Some of the wiring in Mitch McConnell's brain has gone a little kerflooey.

I imagine you've already seen the video and heard the reports, but this is the era of piling on, so here it is again. He goes off the air for a good 20 seconds, and then kinda reboots enough to continue.



That death grip on the podium seems a bit metaphorical - McConnell desperately holding on to something he thinks will shield him from the humiliation he continually brings on himself.

About a month ago:



I think the interesting angle here is not just that Mitch is having some really alarming episodes, but that the Democratic governor of Kentucky would appoint a replacement Senator if McConnell can't serve out his term, and the Republican legislature has put through a bill requiring the governor to appoint a replacement of the same party as the departing Senator - from a list of candidates proffered by the Kentucky GOP.

So what if Gov Beshear ignores that requirement, appoints a Democrat, and tests it out in the courts, arguing Separation Of Powers?

That's of particular interest for me because the Republicans have been chipping away at the Checks-n-Balances thing for decades, starting at least as far back as Reagan, with the cockamamie "theory of the unitary executive".

The general principle that the President controls the entire executive branch was originally rather innocuous, but extreme forms of the theory have developed. Former White House Counsel John Dean explains: "In its most extreme form, unitary executive theory can mean that neither Congress nor the federal courts can tell the President what to do or how to do it, particularly regarding national security matters."

According to law professors Lawrence Lessig and Cass Sunstein, "No one denies that in some sense the framers created a unitary executive; the question is in what sense. Let us distinguish between a strong and a weak version." In either its strong or weak form, the theory would limit the power of Congress to divest the President of control of the executive branch. The "strongly unitary" theory posits stricter limits on Congress than the "weakly unitary" theory. During his confirmation hearing to become an Associate Justice on the United States Supreme Court, Samuel Alito seemed to endorse a weaker version of the unitary executive theory.

Alito's seemingly obvious self-interest in preserving his own power not withstanding (the guy did lie his ass off during his confirmation, dontcha know), the GOP position is largely that the Legislative Branch can't really interfere with the Executive's power to run the government. Which is pretty interesting because the Kentucky legislature is trying to do exactly that.

And that contradiction is just too perfectly on-brand for these asshole Daddy State Republicans.

Dec 14, 2022

Today In Both Sides Don't


Most people (ie: normal decent people), when they see a hole in the law or the constitution, they try to fix it.

Amy Klobuchar is one of those normal decent people.

Others - manipulative, self-dealing assholes like John Eastman and Marjorie Trailer Park Greene - see those glitches in the law as opportunities to dive into SmarmSpace and exploit the loopholes in furtherance of their own narrow interests.

IMHO, the glitches are there, and haven't been addressed, because the whole thing has worked pretty well on the honor system. ie: People of honor see and recognize that doing some shitty thing may be technically "legal", but it's not an honorable thing to do.

And yes, the SmarmSpace rangers know they're doing shitty things.

Honorable people don't do shitty things.

It's not honorable to make a move to monopolize power under a constitution so obviously constructed to prevent someone monopolizing power.

The GOP seems to have flopped all the way over to "If it's not specifically prohibited, then it's both peachy and dandy - let's knock this shit out."


Opinion
The plan to stop a future Trumpist coup moves closer to reality

It turns out our political system might prove capable of defending itself against future subversion after all.

In a big step forward for protecting democracy, Senate Majority Leader Charles E. Schumer (D-N.Y.) announced Tuesday that he expects action in the lame-duck session on reform of the arcane law that Donald Trump exploited during his attempted 2021 coup.

“I expect an omnibus will contain priorities both sides want to see passed into law, including more funding for Ukraine and the Electoral Count Act,” Schumer said, in a reference to an end-of-year spending bill the two parties are negotiating.

Speaking about reform of the ECA, the 1887 law that governs how presidential electors are counted in Congress, Schumer added: “It will be great to get that done.”

This is welcome news. The Senate version of ECA reform would clarify the vice president’s role in counting electors as purely ceremonial, make it harder for Congress to invalidate legitimate electors and make corruption of the appointment of electors at the state level much harder.

All these points would make a rerun of Trump’s 2020 effort less likely, in part because they would patch up ECA vulnerabilities that invited him to attempt it. He pressured his vice president to halt the electoral count, got Republican members of Congress to vote to cast out Joe Biden’s electors and pressed state legislatures to appoint sham electors for him instead.

Because of this, ECA reform has long risked being seen as “anti-Trump.” That might have rendered it unlikely that 10 GOP senators would support it and make it possible to circumvent a filibuster.

But Schumer’s announcement is cause for real optimism. That’s because it’s unlikely Schumer would have made it if Senate Minority Leader Mitch McConnell (R-Ky.) hadn’t quietly indicated support for attaching reform to the omnibus.

Sen. Amy Klobuchar (D-Minn.), a longtime proponent of ECA reform, says she’s optimistic that Republicans will remain behind this endgame. Klobuchar notes that McConnell voted for ECA reform in the Rules Committee, and it’s supported by well over a dozen other GOP senators.

“It’s clearly a top priority,” Klobuchar told me, speaking of how ECA reform is seen by McConnell and its Republican supporters. Klobuchar noted that negotiations over it have been a “strong bipartisan effort” and reform boasts some “very conservative members supporting it.”

“This law is just crying out for updating,” Klobuchar said. While some House lawmakers want new tweaks to the Senate bill, a person familiar with the situation says the Senate version is the one that will move forward.

In a twist, the prospects for passage might be improved by attaching it to the omnibus. As this column recently noted, holding a stand-alone Senate vote on ECA reform might subject it to more attacks from MAGA-loyal forces in Congress and in right wing media, making it harder for GOP senators to support it. Schumer’s plan allows McConnell to move it forward a bit more quietly.

New developments this week forcefully underscored the need for reform. In a widely noted speech, Rep. Marjorie Taylor Greene (R-Ga.) openly declared that had she been in charge of Trump’s insurrection on Jan. 6, 2021, it would have been “armed.”

And text messages from House Republicans to Trump’s chief of staff, Mark Meadows, unearthed by Talking Points Memo, show members of Congress scheming in the run-up to Jan. 6 to overturn Trump’s loss in all kinds of ways, with one even calling for Trump to declare martial law.

What all this means is that the insurrectionist spirit will run strong in next year’s GOP-controlled House, which would be likely to try to help with any effort by Trump — or an imitator — to subvert the 2024 presidential election. Under current law, if a GOP-controlled state legislature appointed electors for the Republican nominee in defiance of the state’s popular vote, the GOP House could count those electors, leading to a stolen election or constitutional crisis.

Reform of the ECA would make that much harder to pull off. It would require governors to certify lawful electors, create new pathways for legal challenges to corruptly appointed electors and require Congress to count the electors validated by the courts.

“The clock is ticking towards midnight,” Matthew Seligman, a legal scholar and ECA expert, told me. “Congress seems poised to pull us back from the brink, at a moment when the extreme wing of the GOP House seems more eager than ever to trigger a crisis.”

Passage of these fixes, especially along with this cycle’s defeat of numerous gubernatorial candidates who were essentially running on a vow to subvert future elections, would amount to major action in defense of democracy and self-rule. As the unabashed and continuing insurrectionism of Greene and other House Republicans demonstrates, it’s poised to come not a moment too soon.

May 11, 2022

About Your "Rights"

In a system of 3 co-equal branches of government, where checks and balances are supposed to keep each of the branches from overstepping its authority, how exactly do we hold the SUPREME COURT accountable?

How does Congress pass a bill intended to rein in a SCOTUS that seems to be running afoul of the document its supposed to be helping us enforce and keep intact, when that court has the power to nullify any law it sees fit to nullify? When that court can actually (in effect) rule to nullify parts of the US Constitution itself?

This is just the latest in a long-running series of constitutional crises being manufactured by those dark and mysterious entities known collectively as "they".

Hey - I may be paranoid, but that don't mean nobody's out to get me.

Anyway, taking a look at a few wrinkles in this big fuckin' mess we're up to our eyeballs in:


WaPo: (pay wall)

Opinion: Louisiana reveals the war on rights that is coming if Roe is overturned

With the Supreme Court considering whether to overturn Roe v. Wade, Louisiana House Republicans advanced this past week an antiabortion bill of astonishing sweep. The proposal would rewrite the state’s homicide statute to “ensure the right to life and equal protection of the laws to all unborn children from the moment of fertilization by protecting them by the same laws protecting other human beings.” In other words, not only would the bill empower Louisiana prosecutors to charge women who get abortions with murder, it appears to declare the use of in-vitro fertilization, intrauterine devices and emergency contraception to be homicide, too.

For half a century, Americans could more or less take for granted their right to terminate their pregnancies, seek help starting families or get IUDs. Many might not realize how dramatically overturning Roe would reshape American life. Some deny this reality, arguing that, should the Supreme Court repudiate Roe, as a draft majority opinion that leaked earlier this month suggests it might, the United States would resemble Europe, where first-trimester abortion is legal nearly everywhere. In fact, overturning Roe would result in the immediate banning of abortion in the 13 states that have antiabortion laws designed to kick in as soon as Roe is gone. Republican leaders in Nebraska, South Dakota and Indiana are calling for legislative special sessions to pass sweeping new abortion restrictions.

And Louisiana shows that, given the option, right-wing lawmakers are poised to wage a broad war against reproductive rights that would horrify most Americans. It might be that wealthy people in states run by anti-abortion zealots would be able to cross state lines to terminate their pregnancies or to seek other family planning options. (Though some Republicans want to try to ban that, too.) But poor people would be unable to get safe, legal abortions. On top of the health risks they would face seeking illicit abortions, in Louisiana these individuals might also risk being prosecuted for murder. Given that many women seek abortions because they would struggle to carry their pregnancies to term while caring for the families they already have, the bill would be a particularly cruel twist that would threaten the families who are least capable of facing such hardship.

If Roe were egregiously wrong, as Justice Samuel A. Alito Jr. claims in the leaked draft opinion, the justices would have to weigh whether enabling such drastic and immediate consequences would be good for the orderly application of the law. But the court need not make that tough call, because Roe was a reasonable ruling to which seven justices signed their names, and which the court upheld in 1992’s Planned Parenthood v. Casey. Other than the makeup of the court, the only thing that has changed in the past half-century is that Roe has become a keystone decision for Americans’ personal rights. Overturning it now would wound the nation, worsen the country’s politics and make some of the most vulnerable Americans more so. It would be the height of gratuitous judicial activism.

Glenn Kirschner - There ought to be public hearings and an impeachment inquiry. 



Lawrence O'Donnell, with former USAG Eric Holder: