An Unsuccessful Insurrection?

I don’t think so. But I understand why the Democrats characterize it that way.

So let’s begin with the definition of insurrection:

Merriam-Webster: a usually violent attempt to take control of a government

Cambridge English: an organized attempt by a group of people to defeat their government and take control of their country, usually by violence

Other definitions appear to use the words “organized” and “armed”.

All of the definitions I have found fail to describe what actually happened. So let’s be clear:

a) There was a protest against the vote count because the former President stoked that fire and fed it for months.

b) Within that protest, there were organized groups of people who were determined to breach the Capitol and did so.

c) Those violent groups of people made their intentions known to the former President through his acolytes and they were encouraged by the President through his actions the day before and through his inaction the day of the Electoral College.

d) The protest was the Trojan Horse that delivered the violence to the Capitol.

e) To continue the deception that this was a spontaneous action, the organized groups did not bring guns or edged weapons to the fray. They used materials at hand as weapons.

Now the use of the word “insurrection” is key because Section 3 of the 14th Amendment says: “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.”

If this January 6, 2021 event can be clearly described as an insurrection or a rebellion, then former President Trump is not eligible to run for federal office ever again. And if other Senators or Representatives were involved in planning or supporting these insurrectionists, then they are also unable to remain in office or run for office.

Words matter and perception matters in this case. The key item is IF this was organized with the intent to disrupt the Electoral College, it is an insurrection hiding within a peaceful protest. And it is key whether people participated in or were providing aid and comfort to the insurrectionists and rebellion.

There is an escape clause in the last sentence of Section 3 which allows Congress by a two-thirds vote of EACH house, to remove this restriction. So even if Speaker Pelosi and Chich Schumer are successful in bringing this to the floor of their respective chambers, they still have to deal with getting a 2/3 majority vote to bar former President Trump and his acolytes from office.

This debacle, this disruption of the Electoral College, isn’t over yet.


The MAGA Shame Upon America

Where the inspiring words were once “Make America Great Again, the acronym MAGA has become a pariah of American politics. Where once there was hope, there is now shame.

The President of the United States was actively involved in subverting the Electoral College of the United States of America. The shame begins here.

In an effort to remain in office, the billionaire real estate mogul known as Donald J. Trump set in motion an audacious plan called The Green Bay Sweep to create a constitutional crisis; a crisis so great that he could falsely claim the federal election had been corrupted. He only needed a handful of people to make the same false claim in an attempt to retain his Presidency. He wasn’t trying to overthrow the Constitution, he was bending it to his will. He was willing to break pieces of it, if necessary, to retain his position as President.

When ex-President Donald J. Trump supported the attack on Capitol Hill, he became the enemy within. As described in the President’s Oath of Office, he became a domestic enemy, not because he believed the election was fraudulent, but because he unilaterally chose to exert his will over the political process described in the Constitution.

Previous constitutional crises regarding presidential elections had been resolved by Congress (Compromise of 1877 for example). Of course, those previous crises occurred AFTER the Electoral College had convened and voted.

Because Vice-President Pence would not lie, and would not subvert the vote of the Electoral College as demanded by the Republican Party, outgoing President Trump executed Plan B to physically disrupt the Electoral College in order to prevent an orderly transition of power.

By this act, Donald J. Trump asserted himself as an enemy of the Constitution of the United States of America. He should be charged with treasonous acts, but there may not be a political will to do this. Just as pardoning former President Richard Nixon for his involvement in Watergate was necessary, Donald J. Trump will not likely be charged for his crimes.

The problem in America today is that the two mainstream political parties believe it acceptable to subvert the Constitution of the United States for political gain. Will the Constitution continue to govern the rules of engagement for the two political parties or will it be cast aside in favor of an autocratic ruler?

Will Congress abide and improve the Constitution or will it continue to shirk its duties to the Republic and the American people?

Will a third national party arise to protect and improve the rules of engagement, the Constitution, AND the Republic or will its focus be on other matters?

To be determined…

Overthrowing US Democracy: An earlier attempt

Rolling Stone has a fascinating bit of historical lore related to a plot to overthrow America.

As always, American conservative businessmen do not like competition. Whether that competition is unions, governments, treaties, foreigners, or each other, their reaction is always the same: replace the uncontrollable person with someone controllable or, at the very least, incompetent. (Which explains why we are where we are in America.)

The Business Plot Against FDR begins in 1934 with an announcement:

“The Liberty League was announced on Aug. 23, 1934, on the front page of The New York Times. The article quoted its founders’ claim that it was a “nonpartisan group” whose aim was to “combat radicalism, preserve property rights, uphold and preserve the Constitution.” Its real goal, other observers told the Times, was to oppose the New Deal and the taxes and controls it promised to impose on their fortunes.”

A bond salesman, Gerald C. MacGuire, a 37-year-old Navy veteran, was the tip of the spear in this efforts and would later describe the plot to a New York Post reporter: “We need a fascist government in this country, he insisted, to save the nation from the communists who want to tear it down and wreck all that we have built in America. The only men who have the patriotism to do it are the soldiers, and Smedley Butler is the ideal leader. He could organize a million men overnight.”

The story of Smedley Butler is extraordinary and the Business Plot Against FDR is incredible reading. I could never tell the story so well, so I’ll just give you the link to read it yourself. https://www.rollingstone.com/politics/politics-features/coup-jan6-fdr-new-deal-business-plot-1276709/

Who was Smedley Butler? “Butler was, at the time of his death, the most decorated Marine in U.S. history. By the end of his career, Butler had received 16 medals, five for heroism. He is one of 19 men to receive the Medal of Honor twice, one of three to be awarded both the Marine Corps Brevet Medal (along with Wendell Neville and David Porter) and the Medal of Honor, and the only Marine to be awarded the Brevet Medal and two Medals of Honor, all for separate actions.”- Wikipedia

Many American business owners detest Communism, Socialism, unions, liberals, and any other opponent to their livelihood. You can understand that, I certainly do. But to create a Fascist government to destroy the liberty of working men is too much to bear.

We are indeed blessed that America sits on a three-legged stool: business, government, and people. The three legs support the Constitution of the United States. Perhaps someday there will be four legs to even out the instability but it is enough for now.

The Coming January 6th Anniversary

If you have not followed the investigation and documentation of the attack on Capitol Hill, please spend some time at Wikipedia and read what is known.

https://en.wikipedia.org/wiki/2021_United_States_Capitol_attack

In summary, former President Donald Trump AND his wannabees crafted a plan they called “The Green Bay Sweep” to disrupt the Electoral College. The purpose was to prevent the certification of Joe Biden as the winner of the 2020 presidential election.

When Vice-President Mike Pence declined to participate in the nefarious Green Bay Sweep, President Trump and his wannabees launched Plan B to physically disrupt the Electoral College, by using right-wing organizations to breach Capitol Hill security.

Plan B was effective and involved a three-hour battle in the Capitol Building, a delay in providing National Guard support to the Capitol Hill police, and the ongoing promotion of a lie that the national elections were rigged for Joe Biden to win.

The one-year anniversary of the Electoral College disruption is approaching. Nancy Pelosi, Speaker of the House, and President Joe Biden are planning a remembrance ceremony to educate the public at large about former President Trump’s planning and preparation for events surrounding that day.

Ex-President Trump is planning to speak publicly from Mar-a-Lago in advance of the remembrance ceremony and is expected to denounce Nancy Pelosi, Joe Biden, the Select Committee that is investigating the event, and finally, he will continue the Big Lie that the election was stolen.

It will be interesting to see if any political parties make public announcements or not. And it will be interesting to see how the news media covers this event with interviews of politicians, celebriticians, and other key political figures.

The legacy of President Trump’s term in office is already tarnished with two impeachments. His legacy included the establishment of the Space Force, re-shaping the Supreme Court, establishing a new US-Mexico-Canada trade agreement, providing more tax relief (which increased the National Debt), reducing taxes on the wealthy, increasing cybersecurity, promoting permanent federal funding for black colleges, and setting standards for federal grants. And that’s about all that he did.

There were failures, too, but they pale in comparison to his attempt to thwart the Constitution and disrupt the Electoral College. There’s no need to pour salt into the wound by listing his failures.

Can a very rich man defeat American democracy?

It appears there is no stopping ex-President Donald Trump in his efforts to secure POWER over American democracy.

First, he planned to simply not leave the White House. He purged a slew of generals and Defense appointees to put his own puppets in place. He tried to get the Attorney General and the Vice President to declare the election was fraudulent. They resisted. He met with people who would attack Congress and take over the Electoral College. Without Electoral College certification, he would claim the election fraudulent and assert himself as President until the Supreme Court ruled on who would be President.

Second, ex-President Trump withheld and stymied efforts for the military to quell the takeover of Congress. Some he did himself and some he did through acolytes.

Third, ex-President Trump used the Republican Party and its state-level adherents to attack the legitimacy and certification of state election boards. The purpose was to throw out a valid vote count and then use the Courts to reinstate him as President. He has failed in multiple attempts; however, he is using the state legislatures to draft new election laws that permit their legislatures to usurp vote results. The end game is to avoid Republican and Democrat Party lawsuits in favor of legislation that can simply declare the winner of a state’s electoral vote count.

The Fourth Wave of ex-President Trump’s efforts is about to unfold. The creation of a personal propaganda machine to promote Trump across the nation. Congressman Devin Nunes has been chosen to run Trump’s propaganda machine.

American democracy is at stake. Not just who will be President but who will control the country and choose its leaders at all levels of civic government.

Can American democracy win the war that ex-President Trump is bringing to America?

Can multi-culturalism be defeated by a single billionaire who intends to revert America to a single white corporate culture that existed in the 1950s?

There is no reason for ex-President Trump to cease efforts to control American democracy. Like most old men, he doesn’t like the changes that have occurred in America in his lifetime. BUT unlike most old men, ex-President Trump has the money to afford his civilian campaign to overthrow American democracy for a different type of government.

Remember Bolivarianism?

Prepare for the right-wing version known as Trumpism. One state at a time. One election at a time. Misery for people who don’t fit the mold.

There’s chaos ahead, my friends. Not control. Chaos in all of its faces.

Congressional Reform

Those who break it can never fix it. Is that a given?

I’m going to point you to this opinion piece by the CATO organization. It makes the case, far better than I can, about the need for a paradigm shift in returning Congress to its roots.

Congressional reformation cannot be accomplished by the Republican Party or the Democrat Party. They are embedded in the process and they are enablers of putting power into the Presidency, not curtailing it.

They are enablers of Judicial power, too. By failing to perform their role in crafting legislation and interpretation, they gift the power of interpretation to the Supreme Court.

Take a moment to read this and reflect on the boundaries each branch of the government should have. Then reflect on how the US government should evolve beyond the partisanship that exists and how more control is needed over the power of the federal government.

https://www.cato.org/commentary/its-time-make-congress-great-again#

Reparation Silliness

I once called for an amendment to the Constitution. We would avoid silliness

https://wordpress.com/post/reasonablecitizen.wordpress.com/5980

Amendment 33: The people of the United States hereby declare that the seeking of reparations shall not be approved for events or conditions that were not illegal in the time period in which they occurred, when a period of 100 years has passed since that event or condition.

If only the government was under my control.

Here’s the next piece of Democrat silliness to hit us.: revoking medals from a hundred years ago.

https://www.businessinsider.com/lawmakers-ask-biden-revoke-medals-wounded-knee-massacre-warren-sanders-2021-11

Ha! Now we know WHY!!!!!

Last week the State of Oklahoma passed legislation that gave direction to review all federal executive orders and determine if they were constitutional.

“The Bill would allow the Oklahoma state legislature to review each executive order and determine if the order should be given to the Oklahoma attorney general, who would determine if it is allowed under the U.S. Constitution. If the attorney general deemed an executive order unconstitutional, the bill seems to indicate the attorney general could sue for a court order invalidating the executive order.

If the attorney general decides not to take action on an order, the legislature could conduct a majority vote declaring it unconstitutional.

If the legislature invokes its option to declare an executive order unconstitutional, the statute is unclear whether the Oklahoma government would file suit or the state would ignore the order inside the state, leaving it to the federal government to enforce or try to take it to court.

Apparently, the State of Oklahoma had advance notice that President Biden is about to sign an Executive Order that would allow federal agencies to work with any state’s election board to serve as a voter registration center.

The administration describes the executive order as an “initial step” to protect voting rights — one that uses “the authority the president has to leverage federal resources to help people register to vote and provide information,” according to an administration official.

As reported by others, Republican Party members in multiple states are seeking 250 laws across the nation to suppress the vote at some level. Taking cues from the Bible, it shall be easier for a camel to pass through the eye of a needle than for a poor person, a person who uses a PO box, a person without a driver license, or a predominantly black community or Indian nation to register to vote or to actually vote.

So now we know why the State of Oklahoma passed such an incredibly unique law. It one fell swoop the Attormey General could declare that this Executive Order to work with states on elections is unconsitutional… and then begin to ignore the federal government.

As we have seen in this recent election, the Republican Party wishes to have sole control over who is allowed to register and, utlimately, who can actually vote in all elections.

And the Democrat Party wants to allow everyone to vote, whether or not they are citizens.

May God save us from both!

Political Kool Aid and Pisa

There’s no “good news” in politics today.

Doesn’t matter where one looks, or reads, or listens, the social and news media can only comment on strife and division. They only see life through political eyeglasses.

And the “deliverables” from the American political process are tainted or adulterated or poisoned. Legislation is full of favors and gifts and each is poisonous to the US budget and deficit.

And as for politicians, poisonous accusations abound. There is haint with the taint. (The word haint was historically used in African-American vernacular to refer to a witch-like creature seeking to chase victims to their death by exhaustion.[4][5] The accusations are exhausting!)

There is poison in the political Kool Aid. How much will you drink when you are told to drink from the glass, shut your mouth, and look the other way?

Do you drink Red Kool Aid or Blue Kool Aid? Do you lean left or right?

The Leaning Tower of Pisa leans both ways depending upon where you stand. America leans in the same way. Depending upon where one stands, America is left-leaning or right-leaning. Like the Leaning Tower of Pisa built on soft land, America was built on the soft land of people rather than the hard land of history. The Constitution is a heavy monument to the best in humankind. Unfortunately, soft people have settled over the past two hundred and fifty years and the Constitution now leans.

People wonder why the Constitution has not already toppled. Two political parties intend to bend American government to fit their agenda. The tilt of the Constitution increases relative to the observers but in no way does it straighten itself.

To prevent the Constitution from toppling, engineers are needed to strengthen it . It can never be completely upright again but the lean (from both perspectives) must stop or it will topple.

Where are the engineers and who will let them be about the business of shoring up the Constitution to offset the settling of the people?

Wherever they are, don’t let them drink the Kool Aid.

Ethical Individualism

I apologize for stealing this section from this article. But I think that this is important to be read as written rather than re-interpreted. You can find the whole article here. You will find this section begins on page 392. This is about James M. Buchanan, an economist who won the Nobel prize in 1986 . “Buchanan’s work initiated research on how politicians’ and bureaucrats’ self-interest, utility maximization, and other non-wealth-maximizing considerations affect their decision-making.

3. Ethical individualism: a society of equals and unequals. Buchanan believed that the intellectual starting point of the constitutional mentality was recognition of the moral equality of all persons. Buchanan (1975a, pp. 3–4) began The Limits of Liberty with a statement of ethical individualism: “the individualist is forced to acknowledge the mutual existence of fellow men, who also have values, and he violates his precepts at the outset when and if he begins to assign men differential weights…. Each man counts for one, and that is that”. Similarly, in The Reason of Rules, Brennan and Buchanan (1985, p. 26) explained that their approach to constitutional political economy “requires that all persons be treated as moral equivalents, as individuals equally capable of expressing evaluations among relevant options”. Importantly, given the accusations of white supremacism recently levelled against Buchanan, he always was unequivocal that all persons were morally equal and that no second class of persons counted for less than others (Buchanan 1971, 1975a, pp. 3–4, 1989a).Buchanan’s conception of consensual politics followed from the conviction that it always was wrong to impose ends, outcomes, or costs on another person without that person’s consenteven if it was thought to be for his or her own benefit. That concept meant that unanimity was an essential component of constitutional agreement because an individual could not enter into a contract involuntarily, “there is no place for majority rule or, indeed, for any rule short of unanimity” (Buchanan 1986b, p. 220; emphasis in original. See also Brennan and Buchanan 1985, Chapter 1; Buchanan 1975a, Chapter 1).The American Founding was built upon a similar belief in the moral equality of persons. The revolution was a revolt against a monarchical, undemocratic government that ruled on the basis of the inequality of persons—that some people were born to rule and other, lesser people were born to be ruled. As such, colonial governments ruled along lines of patronage and ties of privilege that went back across the Atlantic Ocean to the British monarch. The revolution was a rejection of those ideas and destruction of those relationships. The revo-lutionaries dismissed the age-old principle of aristocracy by birth and replaced it with the principle of equality—that all men were fundamentally, morally equal. As Jefferson wrote in the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal”. Men were deemed to be equal in their moral worth and equal in their capacity for self-government (Bailyn 1967; Pole 1978; Wood 1992).It has been argued that those words ring hollow given that the Founders did not consider African-Americans to be equal to white Americans of European descent (Magnis 1999; Mills 1997; Pateman and Mills 2007). It is important to recognize and acknowledge the exclusion of African-Americans from the society of equals envisaged by the Founders, but, 393Public Choice (2020) 183:389–403 1 3as Douglass (1852) argued powerfully, the fault was not in the principle of equality the Founders espoused, but in their failure of extend(ing) it to all Americans.The Founders’ (partially applied) belief in equality reflected the teachings of the leading Enlightenment scholars that traditional hierarchies were not natural and ordained by God, but were man-made and artificial. Wood (1992, pp. 236–40) has described the widespread belief in Lockean sensationalism during the revolutionary period—the belief that all peo-ple were born intellectually, psychologically, and emotionally identical and the differences that emerged came from the influences of their different experiences. Perhaps the most famous example was Adam Smith’s (1776, pp. 28–29) claim, published in the same year as the Declaration of Independence, that the differences between a philosopher and a street porter, “arise not so much from nature, as from habit, custom and education”, so that no difference existed between the two at birth, little in infancy, but great differences gradually developed over time as they were exposed to different experiences. Not all the American revolutionaries subscribed to such a strong account of the individual as a clean slate, but its extensive currency nevertheless reflected the widely held belief in the enormous scope for human improvement if only society could be organized to the benefit of all, not just a privileged minority (Bailyn 1967; Pole 1978; Wood 1992).Buchanan (1975a, pp. 15–17), however, counselled that the belief in the moral equality of persons should not disguise the fact that people were unequal in important, non-trivial respects. Indeed, the unique moral value of each individual flowed from their differences. Buchanan (1971, p. 237) wrote that people, “differ in capacities; even at some defined point in time, inequality in endowments (human and nonhuman) is characteristic of the real world”. Furthermore, in the real world, people also differed in their possessions of property and wealth and those differences had to be taken seriously in any process of institutional design.Buchanan (1975a, p. 17) argued that the opening words of the Declaration of Independ-ence had allowed confusion to enter our understanding of the kind of equality imagined by the Founders and that Jefferson should have written, “to their creator, all men are equal”, to describe more accurately the Founders’ vision of equality. A constitutional agreement must be founded on moral equality, but must also recognize the reality of personal and mate-rial inequalities. Buchanan’s constitutional political economy required recognition of both natural equality and natural inequality (Levy and Peart 2018).Buchanan and the Founders derived very different understandings of rights from their similar conceptions of moral equality. The Declaration of Independence was a classic statement of natural rights—the belief that people possess basic human rights qua people, irrespective of whether other people or institutions recognize those rights. That conclu-sion reflects the views of the key Enlightenment thinkers who inspired the revolutionaries, notably Locke (1689), who articulated influential arguments in favor of natural rights. By contrast, Buchanan (1975a) and Brennan and Buchanan (1985, Chapter 2), rejected natural rights because their existence would imply a source of values external to individual men and women. For Buchanan (1977a, b, p. 244), “the basic Kantian notion that individual human beings are the ultimate ethical units, that persons are to be treated strictly as ends and never as means”, meant “that there are no transcendental, suprapersonal norms” —such as universal human rights. Accordingly, rights existed only when people agreed to assign rights to one another and mutually to respect those rights. The mutual assignment of rights was the process by which people left the state of nature and entered political society (Buchanan 1975a, Chapter 4; Meadowcroft 2011, pp. 50–51).While Buchanan (1971, 1975a, Chapter 1, 1979a) rejected the idea that individuals were human putty who could be moulded into perfect beings by a benevolent ruler, he 394Public Choice (2020) 183:389–4031 3nevertheless contended that the desire for self-improvement, even self-transformation, was a defining human characteristic. It was this ability to conceive the possibility that one could live a different life that drove purposeful economic and political behavior. Buchanan’s (1979a, p. 259; emphasis in original) project was driven by the idea that, “Man wants lib-erty to become the man he wants to become”. Liberty was the freedom to imagine and ulti-mately pursue different, possible alternative lives. Political and economic theories assum-ing that individual preferences were given and fixed and could be captured accurately by external agents were inimical to liberty and the ideals of self-governance and self-transfor-mation (Buchanan 1979a).Buchanan’s constitutional political economy reflected his belief that people sought to create rules to enable the pursuit of their personal, and potentially transformative, conceptions of the good life. Constitutional order freed individuals from ends imposed by others. Like the American Founders, Buchanan believed that a constitution could unleash people’s dynamic potential to change themselves and their world.