SCOTUS – THE ENGLISH CODE

Why Kamala Harris Is Relatively Quiet on Policy Details Now … shh

Protecting small fish from big fish was the big idea of democracy

In 1776, almost all the world’s people were ruled by either kings or tyrants. It had been that way since Ancient Egypt. The big new idea behind American democracy was protecting the small fish from the big fish. The small fish were the citizens in Colonial America. The big fish was King George and his armies.

It’s been 258 years. There are still dictators and kings that prevail over more than 50% of the world’s land area. And, in the countries that have democracies, the uber-wealthy have been allowed to find ways ( primarily by buying influence with lawmakers ) to widen their wealth gaps. More than anything else, this is the change that needs to be undone in the next administration. Income inequality has created a new form of economic slavery.

Kamala Harris seems to be a potential agent for that change, but she’s staying relatively quiet on her policies. It is a change that will be good for “both sides” in America. I hold that’s smart for right now. Protecting the rights of ordinary citizens is going to meet a powerful resistance from the uber-wealthy, the new ruling class in many so-called democracies. And we have foreign dictators who want American democracy to fail as well. One party has clearly been allied with Russia since 2016 in this effort to destroy democracy. Why should Harris broadcast the details of her intentions?

Dean Obeidallah wrote today: “Where is the media outrage on Trump asking a rogue foreign nation to interfere in our election?!!” ?? To which I say:

Where was the outrage in 2016, when Trump asked for a foreign enemy’s election help on live a TV: “Russia, if you’re listening”? Obama and Holder were in charge then. They let that be okay, and the doors opened for Trumpism and what we have witnessed for the last eight years. It was not okay then, and it is not okay now.

Keep in mind, protecting the small fish from the big fish is still the big idea behind democracy. The Supreme Court is now essentially serving as a traitor the Constitution they take an oath to protect. But most people do not understand the Founders intentions when they created the 1st and 2nd Amendments.

FIRST AMENDMENT RIGHTS ARE FOR CITIZENS

Total freedom of speech was created for citizens, not corporations, media, or politicians. We, the people, can say some pretty nasty things in the privacy of a conversation. We can lie knowingly, if we choose to. There is no penalty for lying in a conversation. But no one, neither a citizen or a corporation, can yell fire in a theater, if they know there is no fire. Speech cannot endanger lives. There are also laws that prohibit inciting violence. And today, the “theaters” are on our TV’s and cell phones. So regulation of speech on media and TV is built in to our laws.

There even also laws that allow citizens a to burn a political figure in effigy or even pirate a candidate’s name on a T-shirt without paying “royalties” to the candidate. Those laws exist for underlying reasons: Citizens (small fish ) and political figures (big fish) were placed in different classes by the Founders because of the difference in overall power these two classes inherently possess.

I hold that media, corporations or politicians in Congress that are big enough to broadcast are also a big fish. There are those in media, big businesses and in Congress that don’t have a stake in protecting citizens from the tyranny of the new ruling class, the uber-wealthy. Why? Perhaps they have been paid by those alliances to do their bidding. But the small fish must be protected from the big fish. That is why a government for the people, of the people, by the people was created. It is everything.

The 1st Amendment protects freedom of speech for citizens – one-at-a-time, individual people – small fish. When the Alito SCOTUS gave corporations the same rights as citizens in 2014, it gave political figures and their allies like FOX News, ( clearly an arm of the GOP ), the right to broadcast lies to the public. Right now that includes asking rogue nations, like Russia, for election help. Russia is trying to subvert our elections, and try to get their people into power and end our democracy. This was not intended by the Founders. Not at all.

The 1st amendment was written as a right for citizens to protect them from a potential rogue government or regime. That must be protected. The first thing dictators do is take over the media and shut down resistance. Trump has even hinted that he will take away broadcast licenses of stations he does not like.

Words are the weapons that decide elections because citizen’s votes keep the score in a democracy.

Our foreign enemies know they can’t beat us with bombs, so they are trying with words. That’s why the words of Goebbels’s, the Murdoch of WW2, remain timeless. “It will always remain one of democracy’s best jokes that it provides its deadly enemies with the means to destroy it.”

Those asking Kamala Harris to say more about the policies she might deploy as POTUS, have it wrong. Harris can not say a lot of what we hope she will try to do. There is so much change that needs to happen after she gains power, that if Harris were to express what I think are her truest desires, it would lower her chances of winning and put a target on her head.

Addressing the real issues facing people everywhere requires that people in power actually care about the small fish. The future of the human race and civilization as we know it is at stake this November. The American Democracy must evolve quickly now. It’s not only income inequality that needs fixing. There is a very real climate crisis, and the powers that control our energy sources are invested in the old ways, and exploiting the small fish.

THE NET WORTH OF THE CANDIDATES IS TELLING

Trump is estimated to have a net worth of four billion. Harris is estimated to have a net worth of four million, if you do not count her four million dollar Brentwood home, shared with her lawyer husband, Doug Emhoff. And for those not in Los Angeles, four million is not an expensive or super large estate in Brentwood. It’s a simple small home. Harris, if she wins, would be one of the least wealthy presidents in recent US history. This Wikipedia chart of US President’s net worth is super interesting. Trump is ten times richer than the second richest president. I’d bet no one can guess who was the second richest president. I was shocked. SEE HERE

THE ONE-TWO-THREE PUNCH AMERICA NEEDS

To increase the chances of long-term survival of America and the planet, these three changes should happen within a few years after 2025. They are so huge, that if Kamala, or anyone in government dares say them now, they will be branded as “communists” and more. Who really knows how far the right and billionaires will go to keep their stronghold over the citizenry?

First, the SCOTUS must be re-balanced to reflect the consensus of public opinion.

Second, the 14th Amendment must be enforced, and those who have comforted insurrectionists must be summarily removed from office, with new special elections to follow to replace them. Traitorous alliances with those who would undo our democracy cannot be allowed access to Congress. This can only happen after the SCOTUS is re-balanced, so it is second for a reason.

Third, the electoral college has to be rebalanced or undone. We have a representative democracy. It has to work mathematically for that to be true. Majority rules.

That’s the one-two-three punch we need to make the American Democracy great again. We can do it. Stay focused citizens. We are all in this together. Divided by party, gender, race or income – we fail. Together, we are unbeatable.

Make Tuesdays Embrace Your Fellow Citizen Day

Embrace a member of the opposite party today. We all have friends and family that see things differently. Lets make the next six Tuesdays “national embrace a member of the opposite party” day.

The prosecutor in Harris likely knows what I have written above. If she does, she cannot reveal her true intentions right now.

I don’t think Harris is the same as the many other Democratic presidents we have seen that did little to undo the unfair advantages the big fish have enjoyed over the little fish. I think she intends to rectify things.

But for now, shh …

Imagining A Ticket To Save America

Gallup Poll April 2024

75% of all Americans think both are too old to serve as president
42% of independents think neither will make a good president

This is not about the debate. Joe Biden has not been popular with the majority of Americans for a while, and presidential elections have become more of popularity contests than capability contests, sadly. But that is reality. Biden did not rid us of the threat of Trumpism. You can blame AG Garland, but he was hired and allowed to stay on board even though, had he acted faster, Trump could have been convicted sentenced for the January 6th and documents case by now. And Garland is still there. The buck stops with Joe. I believe this is underlying reason Joe is not more popular with Democrats. Americans do not feel safe.

The Origins of the Cyber War We Are In

We have been at war with members of the Russo-Republican Alliance that occurred at the GOP convention in 2016 when it was decided that the Republican Party would not press for sanctions against Russians oligarchs known to have US investments, in return for election help in the form of an army of Russian bloggers and digital newsmakers.

The alliance strategy worked. It created the needed boost to get Trump over the finish line and elected. Trump now owes Putin for life for that election help. He has been compromised and is still Putin’s loyal disciple. The alliance’s involved leaders in the GOP are also allied for life; that includes many in Congress today. Both sides of that alliance equation are trying to end this country’s way of governing, representative democracy.

Why? Money. They prefer fascism because it’s very lucrative for criminally-minded politicians. They can legalize stealing. They are a nasty, determined group. The rank and file of the MAGA movement have bought the Big Lie hook, line and sinker. Many actually think “the left” is their personal enemy. They are in battle mode, standing back, but standing by their dear leader. Trump is way more popular with his party than Biden is with the dems. It is thought today that Trump is the favorite to win in November.

Gretchen Whitmer and Josh Shapiro both very popular Governors of Purple States – MI and PA

Trump recently said: Biden is not getting out, he is more popular than Gavin Newsom. Trump really wants to run against Biden/Harris or Harris. Why? He believes he can beat them. They are the enemy he knows. His media focus has been to spew hate for Biden, Harris and even Obama for years. It is a racist campaign of course, but it has been effective. Trump won’t be able to sell this level of hate for a more centrist ticket in just a few months. He also knows 75% of Americans thinking they are both too old and ageism is a real thing in the USA. Neither candidate can’t beat a younger smart centrist ticket. That should tell us all we need to know.

The Party or Our Country?

The Democratic “party” is a big ship. It generally turns slowly and mainly moves forward propelled by the momentum of yesterday. There is talk of giving Kamala Harris her shot, without any thought to whether she can beat Trump. With democracy on the line, and given the current level of racism in the USA, I would not run a black/Asian woman from California for president this critical year. She is capable of course. But not popular in middle America; sort of like HRC that way. Tactically, it is an error. If we survive this year, it will be fine soon.

The brilliant John Fugelsang blurted out that he loved Joe Biden and wished he had run and not Hillary on July 10th. He quipped, “maybe, some of the misogynists in the right would have voted for Joe”. I agreed. But why is that still not true of racists on the right for Harris? It is, of course.

It is sad still we have so many misogynists ( or people who think a woman’s place is only in the home ) and racists, but we must face reality. I personally think Americans are ready to evolve, but first we have to get through this election, be victorious and fully prosecute the traitors to our way of governance, within our government – or this internal fight will continue.

About Democracy’s Enemies

Trump sees the polls. He wants nothing to change. Leaving this ticket to save democracy is a bit like not changing the medicine or environment for cancer and expecting it to stop. Trumpism worked like a cancer, because that is the way to defeat any complex organsism or body politic. It starts with a single cell. The defenses don’t recognize the cell as dangerous. It gets a foothold. It metastasizes. We are at stage four now, and we feel that pressure at last. We have to be smart. It is a beatable cancer. It may be up to all of us. That is where we are, “folks”.

The sole focus of the Republican Party is to win by any and all means possible. The focus of the Democratic party has generally been to help people. But dems will also need to win or they wont be able to help anyone. Why is this race is even close -a convicted felon and wanna-be dictator versus a president with a good heart- and the dictator is winning? In America? We should and could be up by at least by 10% with the right ticket. The math is easy and obvious. 75% want neither, but the race is even in numbers. That means 1/3 of those who want neither are settling for a ticket they did not want. That’s the 75% we campaign to. The rest are baked in. Let’s see if Biden can convince those who want neither.

Trump has figured out that Biden/Harris is the easiest candidate to beat. Here is one reason no one is talking about.

It is Harder to Hate New Candidates

The hate for Joe Biden and Kamala Harris has been cultivated on right-wing media for a long time. There is not enough time for the GOP to pivot the focus of that “Biden/Harris hate” to other candidates and have that hate or disrespect’s amplitude loom as large as it does today in the souls of right-wing media consumers. Hate for Biden and Harris is a prime motivator for many Americans to vote GOP.

Shake It Up

Charlie Sykes sort of said it. Taylor Swift sang about it. Shake it up. It’s how you fight cancer too. I know from personal experience. You change the environment for the cancer and your medicines. The cancer likes things to stay the same. So does Trump. He is even saying it. He wants to run against Biden or Harris because he believes he can beat them. It was way too close last time – 70,000 votes. Running against a convicted felon, we should be way up now. So what is our best startegy to ensure we prevail?

A/B Testing a New Ticket

Imagine a new ticket. I imagined the Whitmer / Shapiro ticket even though those two are not discussing running or running. But I chose them because each is a very popular Governor in a “purple” state. We should be open to other imagined tickets. Josh Shapiro has a 61% approval rate and it nearly twice has high as Biden’s approval in Pennsylvania. Gretchen Whitmer has a 56% approval rating in a purple state and is a very popular governor. These people know how to appeal to both sides. That is something neither Biden nor Trump have been able to do so far. Trump won’t try if he wins. If Biden could have united the country, we would know that by now. If either ticket wins, it’s either nothing changes or it’s a turn for the worse.

And that is the most important thing folks. It’s not the war in Ukraine or Israel – or even our many internal wars over the border, women’s rights, gun and envi policies, etc. The two warring political parties monster has to come to an end if America is to survive. It is even how we got this terrible Supreme Court, is it not?

We need to forge a potential politcal ticket that appeals to both sides. Both sides can be happy to vote for the same ticket, or no Americans are going to get what they really want whoever wins. We’ll sink further down, making only one man happy – Vladimir Putin, who started this all.

The first thing that has to happen is the new ticket needs to be imagined and the candidates engaged and enrolled. Without that step, we are getting nowhere slow. We can test that imagined ticket with polling data, and AI before it is widelly announced. It is incumbent upon us to see what ticket could do 10% better than the Biden-Harris ticket. It seems to me, not to try is to gamble with bad odds with the entire history of the USA.

I will end with, if we do this and Biden-Harris is still the best ticket, we of course will support that ticket vigorously. There is another option I’d like to suggest.

Biden should fire Garland tomorrow for his failure to move quickly and let this Trumpism cancer fester. Why was Kevin Roberts allowed to say “The revolution will be bloodless, if the left allows it” and not be arrested on the spot by our AG for threatenning all of us with a bloody war? I think Biden’s polls will go up if he replaces Garland and shows he knows how to shake it up and fight Trumpism. We all know Trump knew how to fire people for the wrong reasons; Biden could show he can fire someone for the right reasons.

Keeping Kamala On The Ticket and In The War Does At Least Five Things

I suggest Kamala should be the AG and replace Garland. Trumpism needs prosecuting and elimination if the country is to survive.

I think this new ticket would win in a landslide. Trump has almost no way to foster hate for it. He’s been a hate monger since the Central Park Five. And that’s how he maintains support.

1. Gives the 75% on both sides who think Trump and Biden are too old or not right for the job a ticket to vote for. Unifies the country that way.

2. Appeals to centrists and independants, with it’s Mid-Western
slant. Gets us Pennsylania and Michigan, keys to a victory in Roevember.

3.Garland is gone. Puts Lady Justice in the hands of the now First Lady, where she can do more than a VP anyway. Kamala was an AG, and will prosecute Trumpism vigorously.

4. Heals the American political divide.

5. Turns the page.

Hold On To Love, America. We can make it through this long dark night.

Thanks and weigh in.

JosephAronestyATgmail.com

PS.

I just asked CHAT GTP about the Whitmer Shapiro ticket. The response was optimistic:

A Gretchen Whitmer – Josh Shapiro ticket could indeed present an interesting dynamic in a hypothetical matchup against Donald Trump. Here are some factors to consider:

Gretchen Whitmer’s Appeal: As the governor of Michigan, a key swing state, Gretchen Whitmer has garnered attention for her handling of issues like healthcare and infrastructure. Her experience in state governance and potential appeal to Midwestern voters could be advantageous in a national campaign.
Josh Shapiro’s Profile: As the previous Attorney General and now Governor another crucial swing state, Pennsylvania, Josh Shapiro has built a reputation for consumer protection and legal advocacy. His experience in law enforcement and his political profile within Pennsylvania could bolster the ticket’s appeal in the Rust Belt and beyond.

Relevant Previous Posts

Women United to Save American Democracy

“Cyber” is the New Way to War and Putin is Cyber Warfare’s First Master

Has Bret Kavanaugh’s Loyalty Been Purchased by Donald Trump?

To understand Donald Trump is easy. Think “what does Trump want?” That is always his motive. Trump never has a thought to pay or be kind to others unless it can benefit the Trumps by at least 3 to 20 times the amount paid.* Right now, all Trump wants is to keep the money he has illegally made by selling favors and access to the US president. This is the ultimate swamp master president in action. So what’s really going on here? Consider that there may be more to Kavanaugh’s nomination than meets the eye and gets airtime on Fox News.

#1 Senator Richard Blumenthal’s lawsuit against Trump alleging Trump’s private business is violating the Constitution got traction from our current justice system and will proceed against him. The Trump’s stand to lose a billion dollars if the Supreme Court rules for the American people. ( That’s you and me by the way, regardless of what side you say you are on.) Trump will happily find a way to pay 5% of that to Kavanaugh to be the swing vote to overrule any such actions against him. A 5% commission is a low standard in the world of bribes. That’s 50 million dollars. And they know how to pay Kavanaugh so it does not show up as a bribe because we don’t carefully observe Trump’s foreign bank accounts. That’s what he has Wilbur Ross for as well. ( And yes, that’s fodder for another article. But we have to start policing foreign bank accounts in all politicians or there will always be these types of crimes. )

I am sure Kavanaugh knows if he benefits Trump there will be a payoff somewhere, somehow. It may be an unspoken tacit understanding. “Loyalty has its rewards” is all that needs to be conveyed. That can be said legally, even to an aspiring judge.

The problems for the American people with this sort of thing go beyond just being robbed by those at the top. It also means that justice can now be bought for certain parties, but not all. It means there is no equal protection under the law. It means there is no justice here in the USA. I can’t think of anything more swampy and less democratic than that. It’s how oligarchies operate, not democracies.

Kavanaugh appointment would also make justice appear to be skewed or fixed. Please take a look at this albeit sarcastic post by Andy Borowitz: Nation’s Criminals Ask for F.B.I. Investigation Kavanaugh Just Got

https://www.newyorker.com/humor/borowitz-report/nations-criminals-ask-for-fbi-investigation-kavanaugh-just-got

The FBI investigation was intentionally limited by our president. That is plain truth by now. I don’t think the reason we don’t want Kavanaugh to ascend to a SCOTUS chair is his drinking problem as a young man. I find it more compelling that Kavanaugh does not admit he once had that problem and says “I still like beer”. Apparently he thinks everyone likes beer or should. So yes, maybe he did this thing while he was drunk and can’t remember. And maybe Kavanaugh still has that drinking problem. It sure looked that way to me. Did it look that way to you? (Pardon the pun.)

#2 There are other highly suspicious reasons that Trump chose Kavanaugh. Natasha Bertrand of the Atlantic has written about a case called “Gamble vs. the United States”. It will be soon be referred to the Supreme Court.

Terance Martez Gamble was convicted of robbery in Alabama in 2008. Found guilty, he could not legally own a firearm. Seven years later, police found a gun in his car after pulling him over for a broken taillight. Both state and federal prosecutors charged Gamble with the same offense. He was a criminal in possession of a firearm, which automatically resulted in an extension of his prison sentence. He has repeatedly appealed, arguing that the dual convictions, state and federal, violate the double-jeopardy clause.

If Gamble prevails, it means that Trump’s pardons of cronies for federal crimes can extend to pardon the his cronies for state crimes. And that means that Trump can pardon Manafort and Cohen for all their crimes, and the states can’t do anything about it. And that is a real problem for justice. And Kavanaugh is admittedly in bed with Trump. He certainly has angst against the Democrats. He said so. So do the math. These players already have.

#3 Then there is the fact that Kavanaugh has already stated that he believes a president should not be challenged for any crimes while he is president. And then we know that the Trump’s have been implicated in tax fraud schemes. So Trump has a lot of reasons to want Kavanaugh on his bench, which brings me to the point on this article.

If a SCOTUS judge is chosen by Trump, a president who is now officially under investigation for potential crimes against the United States, that same SCOTUS judge should recuse himself from weighing in on any decisions that can reasonably be construed to benefit Trump. He should do that for the obvious reasons that justice must at least look like justice to the people or they will not accept it. And we should insist on this because absolutely no one can be allowed to choose and potentially pay off his own judge. No one can be above the law in a democracy.

There’s a lot to consider here. And all this leads me to believe the FBI report, while it was a needed pause to calm a hot situation, was done to give the GOP cover to vote for Kavanaugh. It also served as a distraction from the real reasons Americans should not want Kavanaugh to become a Supreme Court Justice.

Kavanaugh could convince me his loyalty was not promised to Trump by simply recusing himself from all things Russia, Mueller and Trump. He has not done this. Therein lies the real issue with Bret Kavanaugh’s nomination. A president under investigation should not be allowed to choose a SCOTUS judge. It feels like the fix is in and that is exactly what Trump’s base wanted to avoid when they voted against Hillary. Right?

Is The Fix Is In?

Listen to what Putin said at a USSR hockey game to our CBS reporter. He said with an undeniable smirk “Trump is acting in accordance with his own government”.

It’s as if he said “whatever you see Trump do for himself, it’s legal – like it or not”.

https://www.youtube.com/watch?v=T1NKWYepioA May 10th, 2017. Putin speaks about the firing of James Comey. Please watch this.

If you read between the lines, Putin’s statement seems to be about Comey’s firing but the undercurrent is about some sort of struggle Trump is having with his own government. Putin is saying, in effect, that Trump would prefer not to have an adversarial US government to deal with – (the way Putin has it in Russia as an elected dictator), but that he is not breaking any US laws. He is in accordance. So it’s all OK. This is exactly how Putin took control of his government! The logical conclusion is: they are both trying to use our laws, to make Trump/Putin the czars of planet earth. And Putin is coaching Donald Trump for sure.

*Why that 3 to 20 times number? I heard similar numbers from my father as a young man. It’s an old school New York City depression survivor businessman’s philosophy. My dad called it “make and take” which meant if someone made money for you, you paid them from 5% to 33% of the money they made for you and they will do it again for you.

How FDR Handled His Supreme Court Issue to Get the New Deal

4-horesemen FDR faced the issue of a Supreme Court determined to rule for the corporations and not the people. But he found a way around it. We can do what he did too! Step one is for us: make sure we VOTE OUT EVERY GOP politician at every level every time we vote. The GOP deserves to be completely rebuked by all American citizens.

There is NO LAW stating it has to be 9 JUSTICES! It can be 11 or 15 just as easy as 9. It is up to the Congress. So we have to win in Congress to make this move to help the working people of the USA. The GOP has forced us to do this with their heartless ramrodding of laws and tax breaks for the rich that the majority of Americans do not want. And they did it first, so don’t be sorry.

FDR and his Supreme Court

The “Four Horsemen” was the nickname given to four conservative members of the US Supreme Court during the 1932–1937 terms. They consistently opposed the New Deal agendas of President Franklin Roosevelt. They were opposed by the more liberal “Three Musketeers”. Chief Justices Charles Hughes and Justice Owen Roberts controlled the balance, making the nine.

In the 1935 term, the Four Horsemen, together with Roberts and Hughes, voided the Agricultural Adjustment Act of 1933 along with the Federal Farm Bankruptcy Act, the Railroad Act, and the Coal Mining Act. Americans were suffering from the Depression and needed the help FDR wanted to create.

The result of this dynamic was a steady drift towards crisis with the Court. The 1935 SCOTUS was labeled by Justice Stone as “one of the most disastrous courts in US history”. New Dealers decried the Court’s actions promoted an “economic dictatorship”.

It was the Horsemen striking down FDR’s New Deal legislation that led FDR to announce a unique court-packing scheme, a proposal made in February 1937 to just appoint more Justices in order to change the composition of the Court. There was (and still is) nothing in the Constitution that says it has to be nine justices. Soon after FDR’s strategy was announced, it was rendered unnecessary when Justice Roberts, who had supported the Four Horsemen on several decisions during the 1935-36 term, sided with the Three Musketeers in a landmark minimum wage case in March 1937. The court balance literally changed in under 30 days – and America was saved.

FDR was a warrior, willing to do think outside-the-box to fight for democracy. FDR’s creative strategy made the Four Horsemen’s union seem doomed, and they buckled to public pressure. That lesson must be re-learned right now.

We have to begin to tell the GOP and ourselves that American Democracy will prevail regardless of how the SCOTUS appointment goes – or does not go. If we take back both houses, we can make it ten or even 15 justices. Nine is not in the Constitution. It’s totally up to Congress! Welcome back Merritt Garland! And if it takes FDR’s court-packing idea to reset democracy, we should start talking about that now.

Spread this memo around in your own way, please. It’s a bit of a history lesson, but it teaches us what has been necessary to defend democracy and that what we are experiencing today is not really new.

Also, note. Though the Four Horsemen ultimately broke ranks, they did so only after FDR made it clear he would pack the court to defend democracy. That’s when they realized they were wasting their time. And that’s when they quit. The same can happen now. The GOP must be made to know this – they cannot overrule the will of the American majority.

So let’s start talking about ten and even fifteen justices if the GOP is bent on ramming its unpopular agendas down our throats.

Joseph Aronesty

7/2/18, 9/18/20