Category Archives: Supreme Court

Department Of Injustice.

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In my elementary school civics class, I was taught that the key to a democratic government was the rule of law; that everyone is equal under the law; that Lady Justice was blind to money, power and influence.

In other words, my teacher lied.

It wasn’t that she intended to. And, at the time, it may not have been a lie at all. What she taught was what the Founding Fathers intended. But the system has since been perverted. In far too many cases, the poor are rushed to “justice” through a forced plea bargain, or the court appoints an often inept attorney and they are swiftly convicted of any and all charges.

On the other hand, those with money can afford the very best counsel. They can delay trials for years. They can negotiate small fines to pay for their transgressions without admitting guilt. In the rare instances when they are convicted, they can file appeal after appeal. They can delay sentencing. And, if they are finally taken to prison, it is usually a minimum security “gentleman’s” prison that protects them from the general prison population.

The most obvious contrast between our two standards of “justice” involves non-violent drug users and small-time dealers versus the barons of Wall Street. As I’ve previously written, our prisons are overflowing with drug users and dealers serving draconian, sometimes life, sentences. In most cases, these people are products of impoverished families and communities. They are often people who never had a real opportunity for a good education or more productive lives.

In contrast stand the gamblers and gamers of Wall Street. Most grew up in wealthy families. They were sent to the best schools and universities. They have enjoyed lives of privilege based on using and taking other people’s money. They have learned to game the system. In the years leading up to 2008, they learned to steal without technically breaking any laws. They crashed our economy. They caused millions to lose their homes and their jobs. And, to my knowledge, not a single one has gone to prison. Not one has faced a trial. Not one has been charged with any crime!

Meanwhile, the Department of Injustice has worked overtime to convict others.

A case in point is Tim DeChristopher whose story is told in a documentary titled Bidder 70. In the waning days of the Bush administration, DeChristopher had the audacity to bid on oil and gas leases for thousands of acres of pristine lands in order to throw a wrench into an auction that was later determined to be an illegal attempt to reward Bush’s oily friends. Nevertheless, DeChristopher was charged with a federal crime. It appears that the Department of “Justice” wanted to make an example of him. The judge in the case refused to allow any testimony that might justify DeChristopher’s actions. He refused to allow testimony that others had bid on leases they couldn’t afford. He refused to allow testimony showing the importance of maintaining the beauty of the lands.

The judge basically ordered the jurors to convict DeChristopher and sentenced him to two years in prison. Those who arranged the auction which would have resulted in the destruction of some of the Southwest’s most beautiful public lands were not charged. The others who bid on leases but couldn’t pay for them were not charged. No one else was charged.

Certainly, that is just one example of a judge seeking injustice. There are many others. Five of them, who have decided to place the rights of corporations above citizens, are sitting on the highest court in the land.

If Corporations Are People…

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In its Citizens United decision, the US Supreme Court ruled that corporations are people – with all of the rights of individuals. The “justices” didn’t mention the responsibilities that go along with those rights. Like the responsibility to care for your neighbors.

But, just for a moment, let’s assume that those five old men in black robes who voted in the majority were right. If corporations really were like people, one-sixth, including their CEOs, would be unable to afford health insurance. One-sixth would not have enough food to eat. They would not be able to afford lobbyists. Few would have pension plans and large investment accounts. Most would not be able to retire when they became elderly. And most would not have enough money to contribute to political candidates.

If corporations were like people, they would not be able to negotiate a plea after committing illegal acts, then pay a small fine and deny any admission of guilt. They would go to prison.

If corporations were like people, they would receive no tax-free subsidies to acquire space and land. They would have to pay property taxes on their buildings. Other states and cities would not offer them millions in incentives to relocate. All but a tiny percent would have to pay their fair share of sales taxes and income taxes.

And what if the members of Congress were like the people they’re supposed to represent?

Instead of being paid $174,000 per year, representatives would be paid an average salary of $50,502. Half would make less than $27,000 and 16 percent would live in poverty. Some would be hungry and homeless. They would have no staff to do their work for them. They would actually have to read the bills before they vote.  And they wouldn’t begin fundraising and campaigning for the next election the day after they’re elected.

We’ve come a long way from the representative government our Founders envisioned. A lo-o-o-o-o-ng way!

Smallest Government In 47 Years.

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It’s fashionable for Teapublicans to demand a smaller, limited government. To support their cause, they quote the 10th Amendment which says, “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.”

What Teapublicans neglect to consider is the preamble to the Constitution which reads, “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.”

“Promote the general Welfare” gives the federal government a lot of latitude with which to create agencies such as the Department of Education, the Department of Housing and Urban Development, the Department of Health and Human Services, the Department of Labor, the Federal Drug Administration, the US Department of Agriculture, the Environmental Protection Agency, and all of the other regulatory agencies that conservatives hate so much.

And, yes, as confirmed by the US Supreme Court, the Constitution even allows for the creation and implementation of “Obamacare.”

Moreover, in recent years, it’s not just liberals and Democrats who have expanded the federal government to a size that Teapublicans now find so intolerable. Republicans were responsible for much of that growth. In reality, what most likely rankles Teapublicans is that a Democrat… a black Democrat at that…is now in control of those departments and agencies.

But it may surprise Teapublicans that President Obama, that so-called “big government-loving, over-regulating, over-spending socialist,” has significantly reduced the size of the federal government! According to the Bureau of Labor Statistics, the number of federal employees is at a 47-year low. To be exact, before the government shutdown, there were 2,723,000 federal employees. The number hasn’t been that low since 1966. And that number of employees must now serve 118.13 million more people.

Imagine that! Under President Obama, the size of government has shrunk to lower levels than under George W. Bush, George H. W. Bush and even the idol of all government haters…Ronald Reagan!

How The People You Elect Are Turned Into Highly-Paid Puppets.

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On Tuesday, Heritage Action, the even more political arm of the Heritage Foundation, sent a memo to Republican Congressmen telling them to vote against the bipartisan Senate bill that would re-open our government. As a none-too-subtle threat, the memo noted that the organization would be “scoring” Congressional votes.

In other words, do as we say or we will make sure you have a difficult, and expensive, primary fight!

This is really nothing new. Well-financed ideological groups have controlled our Congress for decades. The four-million-member NRA has long scored votes at the state and national level regarding gun safety and other issues of interest. The US Chamber of Commerce has spent billions to elect officials who are friendly to large corporations. The American Medical Association, Big Pharma and the Insurance Institute of America have spent billions to protect their out-of-control profits in health care. Large corporations peddle influence through the American Legislative Exchange Council (ALEC). Even churches keep score, picking and choosing winners in elections.

What is new is the sheer amount of money and power now exerted by outside interests. Following the Supreme Court decision that equates money with free speech and the decision to equate corporations with people, the amount of money in politics has increased dramatically. In 1998, it’s estimated that $1.6 billion was spent on US elections. In 2012, that number exceeded $6.2 billion! And the Supreme Court is currently hearing a case that could further open the floodgates.

There are now dozens of highly-partisan “think tanks,” PACs, SuperPACs and lobbying groups that hold out the carrot of campaign financing and brandish a whip for any legislators who get out of line.

If an elected official wants to retain some semblance of independence from the big-money interests, he or she has to constantly beg constituents for money. Is it any wonder, then, that within a month of the 2012 election results, candidates were campaigning to raise funds for their re-election?

Most Americans can see the problem, but they continue to hold their noses and vote for candidates who are more interested in their re-election than the interests of our nation. There is only one way to stop it…stop it! Stop voting for candidates who put corporations ahead of people. Stop voting for candidates who put the interests of their party ahead of the interests of our nation.

Just stop it!

How To Shut Up Teapublicans.

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John Boehner, Ted Cruz, et al are fond of blaming President Obama and Sen. Harry Reid for the government shutdown. In doing so, they claim that the Democrats “refuse to negotiate.”

Negotiate what?

The only thing Teapublicans want to “negotiate” is the Affordable Care Act, a bill that was duly passed by both houses of Congress, signed into law by the President and found to be constitutional by the US Supreme Court. That simply cannot be negotiated. It can be repealed. But that would take an act of both houses of Congress and the signature of the President, and that’s simply not going to happen.

So how about this? What if Obama and Reid offer to delay some aspects of the Affordable Care Act for a year in exchange for Teapublican agreement to pass a strict gun control bill that will ban all semi-automatic weapons and a bill to provide federally-funded abortions for any woman who needs one? I’m sure a majority in the Senate would agree to that, as well as the President.

What’s that you say? That’s unreasonable? Really?

It’s no more unreasonable than what Teapublicans are asking. So tell you what. When Teapublicans finally decide that they want to negotiate the federal budget in good faith, they should pass a temporary funding bill to restart the government. Then they should sit down with Democrats to discuss the budget like adults. That means both sides need to compromise.

Until then, the President and Senator Reid should stand pat.

House Teapublicans Throw A Snitfit.

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Recognizing that out-of-control medical costs represented a growing threat to the health of Americans and the health of our nation, then-candidate, Barack Obama, vowed to overhaul our health care system if elected president in 2008.  Almost immediately after being sworn into office, President Obama challenged the Democratic-led Congress to deliver a health care reform bill for his signature.  After much debate and many Republican-sponsored amendments, Congress passed the Patient Protection and Affordable Care Act promising to contain health care costs and to provide health insurance to nearly 50 million uninsured Americans. The president signed the bill into law. More than a year later, a conservative Supreme Court ruled the law constitutional. And in 2012, the public showed its approval by re-electing President Obama and Senate Democrats.

That’s how democracy works. Or, at least, that’s how it’s supposed to work.

Despite all of this, the Republican majority in the House of Representatives refuses to accept the law, having voted to repeal or defund it 41 times. In a final lack of defiance, they refused to fund it as part of their government funding resolution despite statements by Senate Majority Leader, Harry Reid, that the bill would be “dead on arrival” in the US Senate and statements by President Obama that he would veto the bill.

They passed the bill anyway, trying to place the blame on President Obama and Democrats.

In response, Congressional Republicans claimed to compromise by passing a spending bill that would delay funding of “Obamacare” for a year. Apparently, they believed that Democrats would be stupid enough to think that the delay was any more than a public relations attempt to deflect blame for the government shutdown.

So here we are. Our entire government has come to a standstill because of a Teapublican tantrum against a health care law their own party proposed during the 1996 presidential campaign to counter President Bill Clinton’s universal health care initiative.

Ironically, the Teapublican snitfit has not affected the implementation of “Obamacare.” Millions of Americans have signed up for health insurance exchanges since the government shutdown. Moreover, although the budget passed by the House does not fund “Obamacare,” it includes the savings which will be realized by the law.

Without “Obamacare,” the government budget being pushed by Republicans doesn’t add up! In other words, it’s ideological. But not mathematical. Indeed, it has been estimated that the government shutdown will cost taxpayers $10 billion per week! And that doesn’t even include losses by individuals.

Obviously, House Teapublicans need a time-out.

How long will Teapublicans whine, scream and cry before voters lose patience and slap them on their considerable behinds? No one knows. While tens of thousands of government workers go without paychecks, the congressmen behind the shutdown will continue to collect theirs. And, if you think that they will feel threatened by their constituents, think again. Most congressional districts have been so gerrymandered, they will likely be re-elected no matter how bad their behavior.

Despite this, there is reason to hope. Yesterday, it was announced that 17 moderate Republicans are willing to vote for a clean bill that would fund the federal government and “Obamacare.” Assuming that all House Democrats would vote for such a bill, that’s enough votes to end the government shutdown. But it requires Speaker Boehner standing up to the Tea Party parasites in his caucus and bringing the bill to a vote.

In other words, don’t hold your breath.

Beware The Pendulum.

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As a creative director for ad agencies and as a part-time college instructor, I used to teach that social trends and fashions responded like a pendulum with a 360-degree axis. The pendulum freely swings, but never back to exactly the same place twice.

I was reminded of that description while watching the ceremonies marking the 50-year anniversary of the March on Washington. In 1963, the US seemed hopelessly racist. In the Jim Crow South, blacks were segregated from whites. African-Americans were denied the right to vote. Peaceful civil rights demonstrators were met with fire hoses, police dogs, beatings and murder.

The Voting Rights Act of 1965 began to change that.

In the last two presidential elections, African-Americans voted in record numbers helping to elect the first US president of African-American heritage. (I’ve always marveled that his Irish-American heritage is seldom mentioned because of the color of his skin.)

Obviously, the pendulum has swung a long way from 1963. But it seems to be swinging back.

Since the election of President Obama, numerous states in both the North and the South have passed restrictive voting laws to make it more difficult for minorities to vote. No other US president has been subjected to such angry derision. No other president has been repeatedly asked to show his papers to prove that he is a citizen. No other president has been interrupted during a State of the Union speech by a “Congressman” calling him a liar. No other president has been met by such congressional obstruction.

Racism did not disappear in the sixties. It is just more subtle. There are fewer racist killings, beatings and other hate crimes. Today, the racism is economic and institutionalized. Unemployment for African-Americans is roughly double that for whites. Many of those who do have jobs are not paid a living wage. Schools in African-American communities are grossly underfunded compared to those in white communities. African-Americans are not only three times more likely to be arrested as whites, they receive longer sentences for similar crimes.

Indeed, young African-American and Latino males are seen as a source of profit for the private prison industry. They are also disproportionately represented in our military and asked to fight wars to protect the economic interests of large corporations that are almost exclusively owned and managed by wealthy white Americans.

News organizations, once again, insert race into stories of crime. Media commentators feel comfortable talking about the disintegration of African-American families while ignoring the disintegration of white families. When minorities bring up discrimination and other issues of race, white political pundits refer to it as “playing the race card.” They would like us to believe that racism no longer exists. (Of course, it doesn’t for them.)

Most disturbing is the fact that the conservative majority of the United States Supreme Court has voted to weaken the Voting Rights Act and to undermine affirmative action.

On the anniversary of Martin Luther King’s iconic “I Have A Dream” speech, we should all take a moment to celebrate how far we’ve come. But only a moment. It’s time to get back to work to make sure the pendulum swings in the right direction again.

Playing The Race Card!

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On Friday, President Obama held an unannounced press conference during which he spoke personally and sensitively about race in hopes of generating an adult conversation about racism in the US. Of course, his remarks were met with derision and anger by many conservatives and their media mouthpieces. (I’m looking at you, Rush Limbaugh and anyone who has ever worked at Fox News Channel!)

Keep in mind that our nation just watched a white adult who had stalked and murdered an unarmed black teenager be acquitted of all charges. Despite the verdict, Trayvon Martin’s parents have handled themselves with class…much more class than the conservative pundits who have pilloried the young man who was murdered.

Not content with accepting the verdict and hoisting George Zimmerman onto their proverbial shoulders, the right wing nitwits have attacked those who took to the streets to protest the verdict. They have also seemed to delight in attacking Martin’s character. “He shouldn’t have been walking through the neighborhood at night. He shouldn’t have been wearing a hoodie. He was smoking pot earlier in the day. He called Zimmerman a cracker during his phone conversation with a friend. He shouldn’t have defended himself against Zimmerman. Etc., etc., etc.”

These are the very same people who have glorified the Tea Party parasites who carry signs with racist depictions of our president. The same people who have questioned the president’s birthplace and eligibility to be president. The same people who applaud the Supreme Court’s decision to eviscerate the Voting Rights Act that protected minority votes. The same people who applaud legislative bills that would suppress African-American and Latino votes then accuse those who object of “playing the race card.”

Following the Zimmerman verdict, the president was not only justified in raising the subject of race. He was obligated to do so.

Anyone with dark skin, or anyone with a friend or relative who has dark skin, understands the problems. And they absolutely must be addressed! I have personally seen black people unlawfully beaten by police. I have seen a white cop set fire to an apartment building then blame it on his black neighbors. I have seen a cop chain his dog in a black neighborhood, so that it could attack any unsuspecting man, woman or child who walked down the sidewalk. Every one of my black friends has been repeatedly pulled over by police for driving while black. A young, black male co-worker and close friend was stopped by police, guns drawn, just for walking down the street.

I have seen the statistics showing the disproportionate number of black men and women in prison. I’ve seen how differently black people who become addicted to crack cocaine are treated compared to white people who are addicted to powder cocaine. I’ve seen how the War on Drugs is used to harass and imprison minorities. I’ve listened to conservative politicians call Latinos dirty, stupid and disrespectful of our culture. And I’ve seen young white men parade through the streets with Confederate flags following President Obama’s election.

There are thousands of George Zimmermans out there, some in uniforms, who are armed and assume everyone with dark skin is a criminal or a welfare moocher, living off the hard work of others. That image is perpetuated by loudmouths like Sean Hannity, Rush Limbaugh and others. And even though race wasn’t mentioned, it was most certainly implied by Mitt Romney in his off-the-record comments about the 47 percent.

Certainly, not every right winger is going to act on their misguided beliefs. But a few armed racists will undoubtedly be encouraged to act as vigilantes thanks to the insane Stand Your Ground law that the NRA and ALEC have pushed through legislatures throughout the country – especially in the South.

Yes, President Obama needed to talk about race. Race has been an issue in our country for 3 centuries. It’s long past time for us to learn how to live with each other, treating all of our neighbors with dignity and respect.

The issues facing our nation have never improved by refusing to discuss them.

What’s Wrong With The US? Connect The Dots.

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It’s probably self-evident, but our government is no longer of the people, by the people and for the people. A more accurate description would be of the corporations, by the corporations and for the corporations.

But how did we get here? How have a few powerful multinationals and one percent of the population usurped power from the vast majority of the people? In order to fully understand this, all you need to do is connect the dots.

  • We have allowed a few large corporations to create virtual monopolies, often with the help of government subsidies. These corporations buy out, squeeze out and drive out small businesses.
  • The CEOs of these corporations sit on each others’ Boards and approve each others’ compensations.
  • A portion of CEO compensation is based on the companies’ productivity and share price. That means the CEOs strive to cut costs (employee benefits and salaries) while increasing the price of products and services.
  • Once corporations achieve maximum productivity and profit with US employees, they are encouraged to offshore jobs in order to further reduce labor costs and employee benefits.
  • As corporations expand around the world, it becomes easier to stash profits offshore in order to reduce their tax burden and further increase profits.
  • These increased profits and compensation allow corporations to “invest” millions in the political campaigns of those who will support corporate interests.
  • The campaign contributions by corporations and corporate leaders leads to a massive increase in the cost of running for office, driving away those who might represent ordinary working people.
  • Corporate-financed Political Action Groups and associations, such as the US Chamber of Commerce spend additional millions to support corporate-friendly candidates.
  • Once the corporate-friendly candidates are sworn into office, they pass legislation that benefits their contributors.
  • Corporations and industries finance large lobbying efforts to further impact legislation resulting in large government contracts and subsidies.
  • Eventually, the corporate-friendly politicians nominate and approve judicial appointments that make the courts more friendly to corporate interests (see Citizens United v FEC, Buckley v Valeo and Bowman v Monsanto).
  • Politicians, with help from the courts (see Shelby County v Holder), undermine the voting rights of minorities and others who oppose them. At the same time, they wage war against the poor by cutting education, unemployment benefits and food stamps. They allow corporations to steal their savings, even their homes without repercussions.

We can take back our government, but it won’t be easy. It starts with election finance reform that takes the massive amounts of money out of political campaigns. It ends with politicians who, in the interests of ordinary people, are willing to break up “too big to fail” corporations as President Theodore Roosevelt once did.

The New Jim Crow.

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When President Lyndon B. Johnson signed the Voting Rights Act into law in 1965, everyone thought that would be the end of Jim Crow laws that mandated segregation throughout the South and prevented African-Americans from exercising their right to vote.

Everyone was wrong!

Within days of the Supreme Court striking down the portion of the law that forced many southern states to seek pre-clearance from the Department of Justice before changing their voting laws, the Republican-dominated legislatures in Texas, North Carolina, and Georgia have introduced laws designed to restrict minority voting. South Carolina and Mississippi are also considering changes designed to marginalize minorities.

Thanks to the conservatives on the Supreme Court, minorities in these states no longer have the protection of the Department of Justice. Their only recourse is to file lawsuits. By the time these lawsuits wend their way through the court system, the damage will have already been done.

In other words, the Supreme Court and the GOP have set the Way Back Machine to 1964!

This is at the heart of the new GOP strategy. Following the Romney defeat last November, Republican strategists realized that the party was unlikely to win if Democrats continued to dominate the growing minority vote. Then the more conservative wing of the GOP stepped forward with an alternative strategy. Instead of pandering to minorities, they intend to institutionalize racism by focusing almost exclusively on white voters – particularly those struggling in the new GOP economy.

After reviewing the demographics of the 2012 presidential vote, GOP strategists discovered that there was a sizable portion of white people who didn’t vote. So the new strategy is to maximize the white vote while suppressing the votes of minorities.

If you’re white, uneducated, religious and poor, the GOP wants you.