Wednesday, July 3, 2024

This Is Not A Good Ruling, Regardless of What Happens in November


The imperial, unitary presidency just got a huge shot in the arm. Our democracy may not last long.

The Supreme Court, favorable to the kind of presidency that mimics a monarch, just allowed the president, whoever they may be, to do lots of things nobody else can do in a regulated society. We don't even know what they are.

Ex- filed suit to get out of prosecution for what he led on January 6, 2021, and he may yet get his way. That may not even be the worst thing that can happen because of this.

John Roberts wrote that the president's "core constitutional duties" no longer can be subjected to legal analysis--the determination of which is left, of course, up to the president himself. But that's a matter of interpretation, and more court rulings, which would face unalterable delay once those acts are committed, making their determination quite moot. So, too, with whatever is referred to as "official acts," the definition of which was intentionally left unmade. No one knows what that means--only that any president can now make up any excuse to do anything at any time to anyone. Roberts thus became, at last, either an open member of the Republican cabal to seize power, or has exposed himself as the most naive justice at the worst possible time.

We could have presidents who get us into unalterable trouble because they can't see past their shirtsleeves--and we are left to gather up the damage. Damage, this time, that we can feel immediately, not just dead bodies from other shores. Damage to people's lives.

Either way, this makes the upcoming election incredibly crucial. Do you want ex- to now take over the office again, armed with these newly stated powers? The Constitution gives the president wide range anyhow. Ex- would take that to a broad dictate to do things like utilize the Justice Department to arrest political opponents and charge them with sedition or treason; warn opposing media about the same thing; take military powers and fling them around as one would a snarling dog.

Since the Republicans in Congress have pretty much left impeachment out to dry, what's there to prevent ex- from becoming a full-time dictator? Probably nothing.

The slow motion coup d'etat has become a reality, full blown, out of control. The system has been effectively gamed. While in abstentia, ex-'s judicial appointments have set the stage for him to become an overwhelming autocrat, protected by a twisted interpretation of the Constitution that no one anticipated and that Republicans have become ultimate hypocrites about--talking about limited government, but in fact in favor of whatever their side can conjure to maintain frightening, unhinged power with a frightening, unhinged, unprecedented decision.

In other words, if ex- is re-elected, the very idea of the United States of America will be lost, perhaps irrevocably. We will not be in a democracy anymore. It will have lasted 238 years--not an incredibly long time in world history: upon Nixon's first visit to China in 1972, Henry Kissinger asked Chou En-lai what he thought of the effects of the French Revolution, which had happened a little more than 180 years before that, and Chou replied, "It's too soon to tell"--and historians will note that democracy is, perhaps, too fragile to last forever.

Which would be true, since its best and most optimistic proponent will have disappeared into an autocratic, narcissistic milieu the results of which would be devastating for the world. Unquestionably, ex- would handle incoming immigrants in an inhumane way--and get away with it. Failing at that, he could start a war with Mexico--and get away with that. He could start wars with either North Korea or Iran--and get away with that, assuming but not guaranteeing that we would be safe from counterattack. Discussions are already going on regarding the re-institution of the draft: There can be no reasons other than bellicose anticipation of foreign or domestic altercation (yes, a president with these powers could enlist the military to permanently maintain civil order, then dare anyone to oppose him or her).

Think of the worst case scenario. We are there now. Even if we should survive ex-'s power seizure attempt, presidents elected four years, eight years, twelve years later will have these amazing, unalterable, unmuted powers. This is a terrible ruling, regardless of what happens in November.

But now the one person who can head this off has been exposed as not only confused and ineffective in public debate, but unable to recognize that his time has passed and that while policy initiatives will live on, he will not.

You know who I'm talking about. We are at a desperate place. Next will be a two-part presentation dealing with what to do next. Our republic, or what is left of it, depends on it.

Be well. Be careful. With some luck, I'll see you down the road.


Mister Mark

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