Saturday, February 22, 2020

The American Situation

THE SENATE EXCUSED the gentleman from New York.  But an acquittal applies to a trial, not to    proceedings in which there were no witnesses.  Thus, an acquittal is one thing, an excusal another.  And the image is a sight to behold, because, as Alexander Hamilton observes, “it would generally be impolitic beforehand to take any step which might hold out the prospect of impunity.”  (The Federalist Papers, No. 74)
     
     There were only two charges—abuse of power and obstruction of Congress.  But there could have been more.

     During the transition, the gentleman from New York was warned about the Constitution’s conflict of interest provision by Richard Painter, former ethics lawyer to Bush the Younger, and Laurence Tribe, professor of constitutional law at Harvard University, among others.  Despite the warnings, he ignored the offer by Walter Shaub, then Director of the Office of Government Ethics, to help him divest his holdings and place them in Treasury securities to avoid the taint of foreign influence.  Despite the warnings, the gentleman from New York ignored them and violated the emoluments clause.  (Article I, Section 9, Clause 8)  By doing so, he immediately failed to “take care that the laws be faithfully executed”; and because he failed in that regard, he was in violation of the oath to “preserve, protect and defend” the supreme law of the land, which means he was in violation from the moment he said, “So help me God.”  (Article II, Section 3 & Article II, Section 1, Clause 8)  And those failures meant that he was in contempt of the Constitution.  ALL OF THOSE ARE IMPEACHABLE OFFENSES.
     
     An adult with a case of the terrible twos believes he can do anything.  So the spoiled brat soils his diaper and does the same to the Constitution. 

     The gentleman from New York claims he has “the complete power to pardon.”  Yet immediately after the grant, the Constitution states a limitation—“except in cases of impeachment”; and in The Federalist Papers, Hamilton shows how the power is to be used in extreme and mundane situations, consistent with the standards of the Preamble—to “insure domestic tranquility” and “establish justice.”  (Article II, Section 2, Clause1 & The Federalist Papers, No. 74)  

     The gentleman from New York likes to brag about how he “won” the Electoral College.  Little does he know that the institution has two functions—popular choice and national security—neither of which concerns nor justifies him.  For the supreme irony is that the Electoral College was designed to keep a demagogue out of the highest office of the land.  Therefore, to avoid another lightning strike, the press and the politicians need to educate the public, before the 2020 election, about the role of a misunderstood, misrepresented, and misused institution.  Anything less by candidates for the Presidency is gross dereliction of duty.

     It would seem that someone in occupation of the Federal City due to a political discontinuity—a     misalignment of means and ends where a minority rules the majority—would proceed with caution.  But the man with a thin veneer of legitimacy heads a gang, not a government.  And this is what he fails to understand:  All the powers of the Presidency are to be used for the benefit of the Republic and, even in an emergency, they are to be exercised within the parameters of the Preamble.

     The American Presidency was to be, according to Jacob Needleman, “a mirror reflection of the character of Washington”—a position for those who are profiles in courage.  Cowards need not apply.  Thus, the words in the report, which President Washington had Secretary of War Henry Knox send to Congress in support of Universal National Service, are striking:  “Therefore, it ought to be a permanent rule, that those who in youth decline or refuse to subject themselves to the course of military education, established by the laws, should be considered as unworthy of public trust or public honors, and be excluded therefrom accordingly.”  

     The Chief Traitor is a certified sissy, a thug who is a threat to our survival.  For all the bravado, the gentleman from New York is a-has-been-who-never-was, doing tough guy schtick, and talking about yesterdays-and-used-to-be’s.  And we are going to lose the Republic to this guy?

(c)2020 Marvin D. Jones.  All rights reserved.

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