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dajoki

dajoki's Journal
dajoki's Journal
May 25, 2022

Is Trumpism This Generation's Version of the Confederacy?

Is Trumpism This Generation's Version of the Confederacy?
https://hartmannreport.com/p/is-trumpism-this-generations-version

snip//

Today’s Republican Party, under the control of Trumpism, is every bit as real a threat to the survival of our republic as was the Confederacy in the 1860s.

It’s emerged from similar conditions and reflects a nearly identical worldview grounded in the fear of losing white supremacy. It’s based in the American South, as was the Confederacy.

The media needs to wake the hell up. The American government, the American people, and the Democratic Party must see the Trumpist Republican Party for the threat it is.

The FBI and intelligence agencies need to bring the seditionists within it to ground. Democrats must loudly call out its naked embrace of racism and fascism and make clear where this will lead if unchecked.

Every day that goes by without action brings us closer to the new Republican Party’s goal: tearing apart democracy in America and transforming this country into this generation’s version of the Confederacy, complete with its own Lost Cause mythology.

May 2, 2022

SCOTUS IS CANGING THE DEFINITION OF AMERICAN CITIZENSHIP

SCOTUS IS CANGING THE DEFINITION OF AMERICAN CITIZENSHIP
https://www.emptywheel.net/2022/05/02/scotus-is-changing-the-definition-of-american-citizenship/

In this post https://www.emptywheel.net/2022/03/30/the-right-wing-plan-to-rig-scotus/ I discussed the Republican plan to rig SCOTUS by selecting SCOTUS nominees who would reliably vote their way on issues important to their base and their donors. They’ve succeeded. In this post I give a brief sketch of their goals for each group, the means of enforcement, and the impact on the nature and benefits of American citizenship.

1. Donors. There is an oligarchy inside our democracy, as I have been saying for over a decade. It dominates the Republican donor class. Oligarchs want the freedom to do anything they like with their money and the assets they control. They want the freedom to do whatever they think will make them richer. And they really hate the idea of taxation and all forms of redistribution of wealth. Their current goal is to weaken the ability of the federal agencies to regulate, because that reduces the value of their assets.

snip//

Right-wing lawyers have been arguing that there is no Constitutional basis for administrative agencies, and thus no basis for rules made by agencies. This led to the non-delegation doctrine which limited the power of Congress to delegate authority to agencies. The current version is called the major questions doctrine, which says Congress has to be very specific about what it delegates if there is a big effect. It essentially gives SCOTUS the power to overrule any agency action it doesn’t like by saying Congress wasn’t explicit. As an example, SCOTUS used the shadow docket to strike down a CDC rule extending the nationwide moratorium on evictions in Alabama Assn. Of Realtors v. Department of Health and Human Services, link here. The Court said the cost to landlords was so great that Congress had to explicitly give the agency poser to make such broad rules.

snip//

Another challenge to democracy is the idea that state legislatures can make election rules without the checks and balances of their state constitutions, including their governors and courts. This is called the independent state legislature doctrine. I love the idea that this garbage jurisprudence calls itself “doctrines”.

Each of these cases essentially means that we don’t live in a democracy, that the votes of millions of us don’t matter, and in turn, that government controlled by a minority of rich people and religious fanatics cannot be replaced by a majority of voters.

snip//

In this post https://www.emptywheel.net/2022/03/30/the-right-wing-plan-to-rig-scotus/ I cited constitutional scholars across the ideological spectrum saying that originalism and textualism were the conservative backlash against these and many other so-called liberal decisions of the Warren Court. The six conservatives now ruling over us plan to gut those decisions. They were all selected for that purpose. In the future, we will have very few meaningful rights as Americ. The bulk of our rights will be set by states, many of which are gerrymandered so that a minority can decide what you can and cannot do.

That’s not my idea of America.

Profile Information

Gender: Male
Home country: USA
Current location: PA
Member since: Wed May 11, 2005, 10:48 PM
Number of posts: 10,678

About dajoki

I love spending time with my grandchildren and gardening.
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