Monthly Archives: March 2018

The Constitutional Crisis That Is Donald Trump.

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Russian meddling in the 2016 election has created a crisis the Founders never could have imagined – a greedy, narcissistic con man holding the highest office in the land supported by a sympathetic Congress that likely, too, was elected with the help and interference of a foreign enemy.

The Founding Fathers did put into place a system that provided for the removal of a president from office for “high crimes and misdemeanors,” which certainly would apply to a man who conspired with an enemy to attain office, defied the Constitution’s emolument clause to enrich himself and his family, and appointed Cabinet members with the sole purpose of deconstructing the agencies they head – all the while ignoring every established norm of presidential behavior.

What the Founders failed to anticipate was a Congress simultaneously controlled by a party that is equally corrupt – a Congress comprised of members who, themselves, may have been elected with the help of the same foreign enemy and foreign money illegally funneled through the NRA. As a result, the Constitution has no provision for nullifying the results of elections illegally decided by external forces; no way to erase widespread electoral mistakes.

So what happens if (more likely, when) Special Counsel Mueller proves that the president, his campaign, and numerous members of his staff conspired with Russia in order to steal the election? What then? Certainly, the president could be impeached if Republicans finally agree to place country above party. Certainly, those involved could be charged with crimes and brought to trial. But what about the members of the president’s party in Congress who also benefited from the conspiracy? Can they, too, be removed? And what of the many decisions that have been made since January 20, 2017?

If the president was, indeed, put into office as the result of a conspiracy, will his many appointments to the judiciary be allowed to stand? These are appointments that could impact judicial decisions for generations.

If Republicans were found to have gained control of Congress as the result of unconstitutional gerrymandering, voter suppression, illegal campaign contributions, and foreign interference, will the bills they passed without input from the opposition party be allowed to stand? What of the deficit-ballooning corporate tax cuts? What of the changes to the Affordable Care Act? What of the stolen seat on the Supreme Court?

And what of the decisions made by the president’s appointees? What of the deregulation of the nation’s greatest polluters? What of the damage done to our public school system? What of the money squandered on private jets and $31,000 dining sets?

Worst of all, what of the damage done internationally – to our trade agreements, to our strategic defense pacts, to our standing with allies?

If the decisions made by illegally and unconstitutionally elected officials are allowed to stand, what’s to prevent it from happening again? What’s to prevent unscrupulous individuals from a party – either party – from scamming the system to win and, in doing so, ensure that it can ideologically remake America in its image for decades to come?

We need a constitutional amendment to nullify election results – all of the results – if it can be unequivocally proven that an election was stolen.

Revisiting The Second Amendment And Gun Violence.

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“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.”

I draw your attention to the full text of the amendment since the first 12 words are seldom mentioned. In fact, in the NRA headquarters, only the last half of the text is emblazoned on the wall. But, if you believe in the wisdom of the authors of our Constitution, you cannot parse the words to suit your own purposes. You must accept the document in its entirety.

We once had a Chief Justice of the Supreme Court of the United States who believed so. In a 1991 PBS interview, he stated, “The Gun Lobby’s interpretation of the 2nd Amendment is one of the greatest pieces of fraud – I repeat the word fraud – on the American people by special interest groups that I have ever seen in my lifetime. The real purpose of the 2nd Amendment was to ensure that state armies – the militia – would be maintained for the defense of the state. The very language of the 2nd Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires.”

The point is that the amendment was written to ensure for the defense of the US against foreign governments at a time when our nation had no standing army, no Navy, no Air Force, no Marine Corps, no Coast Guard. Instead, the nation’s defense relied upon state militias comprised of volunteers…what have, in effect, become our state governed National Guard units.

Now that we have the world’s most effective military, the 2nd Amendment is no longer necessary. Since our government is “of the people, by the people and for the people,” the military serves us. There is no longer a need for citizens to bear arms as part of a well-regulated militia. What about the potential for government tyranny? The current administration aside, that is a remote possibility. And even if the government decided to impose martial law on the land, no disorganized band of civilians armed with an arsenal of AR-15s and AK-47s will prevail against a well-trained government army with tanks, artillery, fighter jets and nuclear weapons.

That said, let’s talk about our gun problem and what can be done to reduce gun violence, including mass shootings.

There are an average of 297 shootings each day in the US – more than 108,000 per year! Those shootings result in 11,000 murders per year and an uncounted number of wounded – many with lifelong debilitating injuries. There are 20,000 suicides from guns each year, resulting in an annual total of 33,000 deaths from guns.

More than 2,600 hundred children are killed by guns each year.

The US averages more than one mass shooting per day (as defined by 4 or more victims per shooting). Since the mass murder at Sandy Hook Elementary School, there have been 1,500 mass shootings resulting in more than 1,700 people killed and more than 6,000 wounded (not counting those who were likely shot and killed today).

If you’re human; if you live in America, those statistics should frighten you! But before you run out and purchase a gun for self-defense, consider this: Guns are not defensive weapons. They are offensive weapons. In a gun fight, the first person to pull their gun usually wins. So, if someone points a gun at you, your own gun will do you little good. In fact, if you have a gun in your house, you’re 80 percent more likely to use it on yourself than any criminal.

To further debunk the “good guy with a gun myth,” consider the FBI analysis of 160 active shooter incidents between 2000 and 2013, excluding shootings related to gang or drug violence. Those incidents resulted in 1,043 casualties – 486 killed, 557 wounded. The FBI found that 1 in 5 were stopped by a potential victim at the scene and most of those were unarmed! Only 5 were stopped by “good guys with guns.” And, in 21 of 45 incidents that required law enforcement to engage the shooter, 9 officers were killed and 28 were wounded, despite their training and their body armor!

Do you still think arming teachers is the answer to school shootings?

Every independent study shows a clear connection between gun violence and the number of guns. Nevertheless, Americans now own more than 300 million guns. Despite the fact that the number of individuals who own guns is actually declining, the number of gun sales is increasing dramatically. That’s because 6 million Americans – mostly white men -now own 10 or more guns. There are studies that show many of those people have psychological problems. And there are additional studies that show a clear connection between gun violence and domestic violence or violence against animals.

The only apparent answer to our epidemic of gun violence is to treat it as we do other epidemics – with intervention, outreach, and education. We should institute universal background checks and a database of gun ownership. To make the ATF’s job easier, we should institute a waiting period for anyone wanting to purchase a gun. We should ban both open and conceal carry – going back to the policies before the lobbying of the NRA. We should ban all semi-automatics. Not just military-style weapons. That’s because most semi-automatics can be just as deadly. And bolt-action, pump-action and lever-action are perfectly acceptable for most hunters. We should limit magazines to 9 rounds. We should limit the quantities of ammunition sold. And we should take weapons away from violent felons, domestic abusers, animal abusers and the mentally ill who are diagnosed with violent tendencies – toward others or themselves.

It’s time to ignore the NRA and the GOP. It’s time to change!