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Archive for September, 2018

Cheer Up!

There Are Good Remedies to the Kavanaugh Problem

Introduction

As we head towards conclusion of the Kavanaugh hearings, both Republicans and Democrats are in a titanic battle that is completely political in nature. Whether Kavanaugh is confirmed or not, there are good remedies most citizens are unaware of that will probably satisfy sixty-five percent of the American voting population. What are these remedies? Well, some are short-term fixes and some are longer-term.

General Overview

The state of Maryland where Kavanaugh went to school has no Statute of Limitations on certain sexual crimes committed:

“No time limit for prosecution of any felony sexual offenses (Smallwood v. State, 51 Md.App. at 468, 443 A.2d at 1006, (in this State a prosecution for a felony “may be instituted anytime during the life of the offender.”))

There is no “bye your leave or stay out of jail card” just because time has elapsed.

If Kavanaugh is appointed, his confirmation can be rescinded because, whether a U. S. Supreme Court justice or not, no one in a democracy is above the law. Republicans more than Democrats are in a “Catch-Twenty-Two” situation where they are damned if they confirm him, and damned if they don’t. Why? Because a blue wave is coming baby and it’s more powerful than a 100 foot wave tsunami and Hurricane Florence combined.

As it looks today Democrats are, in the mid-term elections, going to retake the United States House of Representatives, the United States Senate, and several governorships in previously red states. When the Democrats come into office in January there are several legislative actions they can take despite what the Republicans do in September. However, in the months ahead remaining Republicans will get a new lame-duck president (Mike Pense) once Donald Trump is impeached by the new Democratic majority in Congress.

It won’t be till 2020 that major judicial reforms regarding the U.S. Supreme Court should come about.

Why? Because the U.S. Constitution only allows presidents to bring forth nominations for the United States Supreme Court. Also, presidents cannot appoint nominees directly because the U.S. Constitution requires the advice and consent of the U.S. Senate.

An amendment to the U. S. Constitution would be needed to let Congress bring forth nominees but currently legislators cannot do that. The Congress could set in motion a Constitutional Amendment but that would be a lengthy process that could take years to complete. Therefore, some of my recommendations ahead relate to short-term fixes and others that are more long-term.

Short-Term Proposed Remedies

One of the first acts of the new congress, following the mid-term elections (meaning January 2019) should be to have the FBI conduct a thorough investigation of any and all allegations made against Kavanaugh. If it is found that Kavanaugh committed crime(s) he should be immediately prosecuted and removed from any judgeship.

One of the most important acts of the new Congress will be to impeach President Donald Trump. The safety, sanity and authenticity of a real democracy in the United States is currently in peril. Once removed from office Trump, who is a traitor to his country, needs to experience total asset forfeiture of all his holdings, and he should be given a new wardrobe—A large orange jumpsuit.

Long-Term Proposed Remedies

When Roosevelt was reelected in 1936 he had to deal with a Supreme Court that wouldn’t pass his New Deal legislation. He did this by getting passed the 1937 Judicial Procedures Reform Bill. What this bill did was to require all justices on the court to retire at age 70.

The U.S. Constitution says nothing about how many justices can compose the court. The number of justices we have now is simply based on prior arbitrary decisions of the U.S. government. In other words, the U.S. Supreme Court doesn’t necessarily have to be composed of just 9 justices.

Roosevelt’s “packing the court plan” worked and a host of New Deal legislation was subsequently approved by the highest court. One could argue that Roosevelt’s political interference to subvert the highest court in the land isn’t any different than current Republican attempts to pack the court with ultra-conservative tainted judges. They’ve done everything they can to subvert an honest process by having no real investigation done by the FBI, hiding Kavanaugh documents during his time with the Bush administration, and only half-heartedly, if at all, showing respect toward witnesses and victims of sexual battery, lewd licentious behavior, and attempted rape.

One could ultimately argue that since justices themselves tend to tailor their decisions based on societal value judgments that are couched and hidden in sophisticated legal analysis and jargon; by effect, it creates an analytical subterfuge which belies the fact that U.S. Supreme Court justices are supposed to be defenders of facts, the law, legal precedent, and the United States Constitution.

A previous blog of mine explored the faulty analysis (by conservatives and those who promote a strict literal interpretation of the U.S. Constitution) because they have failed to understand what the original founders said themselves about how to interpret their new constitution by future generations of Americans. The founders recognized the need for flexibility of legal opinions over time in accordance with the needs of a changing country and a changing citizenship.

Most sociologists today explain that differences in human societal collective actions, including legal ones, are caused by differing social values. Said another way, rightly or wrongly, values rule society and all its actions. And change in values leads to tension among the people. Let’s be honest, whether liberal, moderate, or conservative, change is always difficult and anxiety provoking.

Psychologists also contribute to our understanding of social behavior. Currently they have been able to detect highly individual and internal processes that have led to how our current President manifests psychiatric, sociopathic and dementia symptoms. There is nothing more dangerous than a sociopathic amoral president with power. Either academic perspective explains very well why the country and our democracy has been corrupted and perverted by some Russian stooge in the White House since January 20, 2017.

My recommendation in the long-term category is that before a new version of the 1937 Judicial Reform law is passed, we first need to elect a democratic president because, based on the U.S. Constitution, only presidents can nominate justices to the U.S. Supreme Court.

On a personal note I think an arbitrary, yet useful number of Supreme Court justices, should number 13 rather than 9. The transition, when justices retire, might be less fraught with conflict and anxiety particularly during confirmation hearings of a new nominee. Then again maybe I’m just too optimistic an individual. Maybe 21 justices is a better number to put on the U. S. Supreme Court. What would be your ideas on this issue?

Final Comments

The major reason the United States is on a perilous path to self-destruction actually goes back to 1994 when a gaggle of conservative Republicans tried to high-jack the country with its “Contract with America.” At the time President Clinton referred to their proposal as more like a “Contract on America.”

The lasting signature of the Republican Party, then as now, is to pass very little legislation that helps people; they oppose all efforts to control “the good old white boy network.” They did pass one piece of legislation granting tax benefits. But the new taxes really benefited large corporations and already wealthy individuals and essentially accomplished nothing in all other social/economic areas. “Trickle-Down Economic Theory” was disproved decades ago.

The Republican political party is the party of “no.” The Tea Party members of 2010 and the Freedom Caucus of today deserve to be booted from Congress during the next 4 years. Senators like Grassley, McConnell and Hatch are at the top of the list of people who need to be removed from political office.

I’ve said to my friends many times over the years that conservatism is nothing to be proud of, but nevertheless there is nothing wrong with having moderately conservative political views; after all, no one is perfect.

Now that there are at least three women bringing sexual allegations against Kavanaugh I’d like to recommend, that any senator who votes to confirm Kavanaugh in the days ahead, should be voted out of the Senate come their reelection day.

These days Republicans are more recalcitrant or obstreperous than ever. Now that they’ve reached a new all-time low for lack of decency and moral character, Republicans have earned a new description worthy of a plaque. Not only is conservatism nothing to be proud of it, now it is something to be truly ashamed of.

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