Still Wrong the Day it was Decided

Updated Commentary on Wrong the Day it was decided

The trouble with divining "original intent" is that it can lead to anachronistic interpretations and faulty reasoning beyond simply anachronism fallacy! The trouble with the terms "cannonical" and "anti-cannonical", is that they try to apply religious terminology to what is essentially a human endeavor. Legal systems are designed to bind society to the wisdom and prescriptions of accepted law. But human interpretation is still necessary and so, just as the Plessy Versus Fergussen or Dredd Scott decision were later overturned; our understanding of law can and must change as society evolves. The constitution is a dead document unless we who live apply its principles as well as its dictates rationally and are able to use legal process to change those that must change. In some cases that might mean the amendment process, in others it is a matter of definition. The author of "Wrong the Day it was Decided" sought in the concept of "Constitutional Historicism" to bring principles of textual analysis to judicial decision making.

A right to Vote but not to have your vote counted

It goes back to Bush V Gore

In 2000 and 2001 the Supreme Court affirmed the corrupt process of Florida and other states in Bush Versus Gore. In Bush Versus Gore, they conceded that they could stop a recount despite it being obvious that votes were not being counted:

“there could be no question that there were uncounted "legal votes"” [Bush V Gore]

Nevertheless they held that actually counting those "uncounted legal votes" violated the "equal protection clause of the constitution. Part of their justification was lack of time, due to SCOTUS stopping the recounts earlier. But the real corrupt heart of Bush Versus Gore, is something that is itself eitter unconstitutional or poorly constituted because they held that:

“ The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the electoral college. U. S. Const., Art. II, § 1 ” [Bush V Gore]

So while the constitution states that no one can be denied a right to vote "on account of race, color, or previous condition of servitude, or sex;" there is no requirement for that vote to be counted in electing the President per Bush Versus Gore. The decision was so badly decided that all subsequent examples of corrupt election process are all predicated on it. The same corrupt Justices who decided it would decide that bribery is speech.

SCOTUS could over-rule the State Supreme Court on the grounds that their SCOTUS ordering a recount violated "the equal protection clause" despite the reality that the Constitution does give those powers and responsibilities to the States and they didn't have standing in the first place. They could over-rule our own Constitution and the State Constitution to disestablish existing laws while inventing new theories of bribery=speech. They'd go on to over-rule 100+ year old corruption laws on equally specious grounds. Sandra Day O'Connor ruled with the majority on this case, she later regretted it. But it gave us 8 years of Bush and that gave us a Court even more corrupt than the one she was on. It also gave us a fraudulent war, massive economic fraud and speculation and an economic collapse.

This decision started me on being alarmed about our politics. The alarm has only grown as the GOP has become more and more authoritarian and the Corrupt Court ratified their actions.

https://supreme.justia.com/cases/federal/us/531/98/case.html

https://www.theatlantic.com/politics/archive/2010/11/just-how-bad-was-bush-v-gore/343247/

http://www.latimes.com/opinion/op-ed/la-oe-1213-raskin-bush-v-gore-anniversary-20151213-story.html

To Govern utilities well local government must be involved

Governing Utilities well has requirements

To Govern utilities well:

1. Local Government must be involved in their management.
2. Utilities need to be part of Emergency Management.
3. We need republican forms to ensure they are well governed.
4. Republican Government is not "Socialism

Local Government is application of Principles of Subsidiarity

The Principle of Democratic Subsidiarity is based on the notion that:

“Subsidiarity is an organizing principle that matters ought to be handled by the smallest, lowest or least centralized competent authority.”

In Application in democratic societies, it is why the Constitution guarantees a "Republican form of Government to the States" and why the states should guarantee republican forms to local government. In application to public utility it why large monopolies and centralized utilities fail to deliver well. Utilities should be organized on republican forms with local governance. Central Governance is good for general, universal principles, but not for their specific application. One of the drawbacks of centralization is the converse of subsidiarity principles, that central government is often incompetent to handle local matters.

Corporations Hoarding Loot

Our Blindness towards Hoarding

Today I listened to an "economist" on Bloomberg talk about the slow US economy and how "neither fiscal nor monetary policy" could spur more growth. For him and the businesses he serves this is 'caused' by excessive "government regulation." We've been hearing this claim since the late 70s and from the 80s to about 2008 policy makers bought it. It is not true. But nobody debated him when he started. Now that the Trickle Down Crowd ideas have been refuted, they claim nobody knows what to do. None of that is true! What causes recessions and depressions is looting and the hoarding of that loot!

Twitler and the Hurricane Maria

Cold Comfort

Twitler reacted to the disaster in Puerto Rico by declaring war on Football players, North Korea, Republicans and ....

Puerto Rico!

Meanwhile the people of Puerto Rico are still without food, water, medicine, energy or basic support from our Federal Government. His FEMA director finally said something, goaded by Hillary Clinton, all the living Presidents and a lot of bad publicity. He said ships were on their way. He lied. The Comfort was still in port and won't be in Puerto Rico for a week. Supplies sit on the docks. Trump won't waive the Jones Act. Turns out Trump lost money on a Golf Course in Puerto Rico. Twitler seems to be punishing Puerto Rico for his own incompetence or petty hate.

Please Visit:

Comfort

http://www.foxnews.com/us/2017/09/26/fema-head-says-more-ships-and-troops-headed-to-puerto-rico.html

http://www.miamiherald.com/latest-news/article175507151.html

http://patriotnotpartisan.com/general-commentary/heres-can-help-people-affected-hurricane-maria/

Maria Fundhttps://t.co/dsWvKGrps3

I'm glad they didn't repeal ACA protections but we live in truly insane times. And 35% of us only believe whatever Trump and his flying monkey's tell them, true or false, it is only true if Trump likes it. And he does take revenge.

Gerrymandering in Redistricting is Bad Constitution

The real issue with redistricting and gerrymandering is that it reflects a poorly constituted system of Government.

Our system was designed in a way that disregarded principles of geography and demographics in organizing the Federal Government. It was a kludge that reflected the fears of small states and institutions like slavery. To fix gerrymandering we must constitute the country in a way that respects the rights of people to representation of individuals and the communities they live in.

Democratic Facts

I'm still reading the book Democracy in Chains by Nancy MacLean. This is taking longer than I expected, for two reasons,

1. It is long and detailed.
2. It is about James Buchanan, so fact checking means reading his writings and some of the sources.

Waging Totalitarian War on the 90%

It is also about how conservative doctrine has become totalitarian.