Memorial Day is a day to remember and pay tribute to the men and women who gave their lives to defend our democracy. Because of their sacrifice, we enjoy our freedoms. We are called upon not only to respect them and their sacrifices, but to be alert to today’s threats to the freedoms and rights we treasure. Voting rights are under attack. Censorship and book banning are on the rise. Red state legislatures are trying to control the blue cities in their midst. Red state legislatures are passing cookie-cutter laws to fund private and religious schools despite the opposition of the public. A woman’s right to control her body has been eliminated by red states. In a sad irony, the U.S. Supreme Court—which has long been the ultimate defender of our rights—is eroding democracy, under the control of rightwing ideologues, three of whom were appointed by Trump after being chosen by the extremist Federalist Society.
In that spirit, I post a comment by the polymath Bob Shepherd, who contributes his wisdom to us as a reader of the blog..
Pardon me, but this is so important that I want to make sure that I say the whole properly. So, some repetition here:
The Extreme Court decisions that just wiped out much of the power of the EPA to regulate air pollution (West Virginia v. EPA) and water pollution (Sackett v. EPA) in the United States are PART of an overall effort, begun in Dobbs v. Jackson Women’s Health, to ERASE much of the authority of the United States federal government on the basis of a NOVEL reinterpretation of the Constitution that ELIMINATES THE ABILITY OF THE EXECUTIVE TO EXERCISE UNENUMERATED POWERS–powers not SPECIFICALLY given it by the Constitution. This would reduce the federal government to a SHADOW of its former reach. Ron DeSantis just gave a speech in which he discussed precisely this, which he described as the necessity of “Reconstitutionalizing” our government:
“There’s a lot that the executive branch can do, and all I will say when it comes to these agencies… [is] buckle up when I get in there because the status quo is not acceptable, and we are going to make sure that we reconstitutionalize this government, and these agencies are totally out of control. There’s no accountability, and we are going to bring that in a very big way.”
In connection with this envisioned vast overhaul of U.S. governance, DeSantis made this chilling promise:
“Even my worst critics in Florida will acknowledge when I tell people I’m going to do something, I don’t make promises or say I’m going to do something lightly.”
Here’s what I think is happening: Repugnican leaders have recognized that if Jabba the Trump wins the nomination, they will lose again. So, the current plan is to remove Trump by standing aside and letting the judicial process do that for them via the various cases now pending against the Orange Idiot. That way, they can take him out of the picture while not alienating the Trumpanzees from themselves–they can blame the fall of the Glorious Leader on some Deep State conspiracy led by Biden. Then, DeSantis will assume the Orange mantle and carry forward, in the Executive branch, the agenda that the Reich-wing cabal at the head of the Judicial branch has set for itself. (NB: the Orange Idiot Trump was extremely useful to The Federalist Society because he, knowing nothing himself, simply rubber stamped putting those people in place–the ones now reenvisioning U.S. government entirely).
It is worth remembering in this regard that the revolution in Germany that scuttled democratic government there and put the Fascists under Hitler in power took place BY LEGAL MEANS. And so the history we haven’t learned from repeats itself. Couple this legal implementation of the no unenumerated powers theory with the independent state legislature theory also being endorsed by the Extreme Court (a theory that holds that state legislatures, which are predominately Repugnican, can hold do-overs if they don’t like election results) and you get the recipe for the end of democracy and the onset of Fascist governance in the United States.
This is how these traitors overthrow democratic government. In the background, not via some sort of January 6th event.

A bit of info about the oldest charter school in Indiana. Digressing- the change in the academy’s grade was linked to Tony Bennett’s fall from grace. At the time of the scandal, the charter school founder was described as a Republican Party donor.
The school’s founder immigrated from Germany. Wikipedia tells readers that her father was a German soldier. She pioneered timeshare companies.
A while back, her family foundation was led by a guy who subsequently became president of a Catholic university. Prior to that, he was Secretary/Exec. Director, Office of Catholic Education for the Archdiocese of Indianapolis. The boards and executive committees he served on include
among others TFA and St. Vincent Health, a $3 bil. healthcare organization.
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If DeSantis become President, he will twist Constitutional power and “reconstitutionalize” this nation into a fascist dictatorship while calling it “freedom.” He will still maintain the three branches of government, but they will all be under DeSantis’ thumb as they are in Florida, IMO.
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cx: becomes
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The goal of reducing the executive branch’s authority over unenumerated powers meshes with the goal of denying any personal rights not specifically enumerated.
Judge Bork (thankfully, not Justice Bork) said that the Ninth Amendment is dicta — merely an opinion, not binding. The founders didn’t think that, which is why it exists.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This implies Griswold (married people can use birth control), Eisenstadt (applying that to unmarried people), Roe (right to abortion), Loving (right to marry across races), Lawrence (right to have sex with someone the same gender), Obergefell (right to same sex marriage), These all hinge on the 9th amendment’s unenumerated rights, plus 1st amendment right of association, as applied to the states by the 14th amendment.
Meanwhile, of course, corporations receive religious and free speech rights that are clearly not enumerated. For one, “person” in the Constitution is clearly a natural person (living human) as seen by the provisions of a census of “all persons”.
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The examples in your 3rd paragraph are right wing religion’s interests?
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Thanks, Steve. This is why the Reich-wing in the U.S. has for such a long time attempted to limit the powers of the federal government–because they want to turn all that (and more) back. And now they have the numbers in the court to do this. Thanks to the Federalist Society and Trump. So, how much of the billion dollars that Leo received will go directly and indirectly into the DeSantis campaign?
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I am torn about the meaning of Memorial Day and the way it is commemorated. Official observations link it specifically to the veterans’ “sacrifice” (a desk job is as good as combat experience), in essence tying the legacy of America to militarism. Like we do with so many things. Officially, it’s Veterans Day 2.0.
Were it about the sacrifices Americans made and make every day just by being good citizens and doing the grunt work to try to make this democratic-republic function is what ought to be memorialized, in my opinion. It has become a de facto holiday for families, to begin summer. Its meaning has become more about temporary escape than life-long commitment. In many ways, Memorial Day 2023 is more about celebrating Americans’ narcissism rather than our obligations to each other and posterity.
And if we have to continue focusing on veterans’ sacrifices, then on this Memorial Day, let’s try to remember how hundreds of Black veterans returning from World Wars I and II, Korea, and Vietnam were murdered and persecuted because they expected their “sacrifice” to translate into the realization of the rights of citizenship. Might be too woke for some. Or true. Six of one, half a dozen of the other.
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Might be too woke for some. Or true.
Wow. Nailed it there, Greg.
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It’s the legal means you cite that will be the hallmark of American fascism. It will look so normal from the outside. But enforcement will be where the power is. And liberals’ penchant to follow laws will be their downfall. It’s a vicious conundrum.
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I have a long comment about precisely that, Greg. It’s in moderation, alas.
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Not in moderation now.
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DeSantis has that down cold. Emphasis on cold.
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Enforcement and interpretation, I meant. Regardless of the outcome of federal elections in 2024, close to one-half of state governments will be controlled by verifiably fascist polices and governing offices. More will be in essence stymied by legislative gridlock and even others, with reasonable state leadership, will be fighting against selective law enforcement by local officials. We literally have various branches of federal, state, and local governing entities at war with each other and it changes according to elections. And one side is desperately trying to make sure those elections have limited voting populations.
This will not change if Dems take major 2024 elections, because they will never win a large enough majority to win in this political environment. It will change toward accelerated Gleichschaltung if ANY republican candidate is elected president and the leadership of at least one house of Congress is as well, it will take only two years to rig the rule to ensure capture of the other by the 2026 elections. Progressive policy holds no cards under the current trend. All victories will be Pyrrhic as the foundation is crumbled by compromise on one side (see current debt negotiations) and obstinance and advancement, great or small, in service of an ideology.
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Yes.
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And what rough beast, its hour come round at last, . . .
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Greg, if Democrats hold one House, no new legislation gets passed.
Far better would be if they won a sweeping victory and gained decisive control of both Houses (not a one-vote edge, where one Manchin or Sinema could hold them hostage), and the Presidency.
In view of the gerrymandering at the state level, that goal may be impossible.
As you know, DeSantis personally redrew the Congressional districts in Florida, allotting 4 new seats to Republicans. That was enough to switch control of the House to the crazies in the GOP.
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I completely understand with what you’re writing, but I also know that inaction that proves a preconceived narrative of the failure and folly of governing is a conscious tactic. It’s no longer about winning and losing elections, it’s about what is done. Stymying the system is a great Plan B for them. So is fighting the same battle over and over and over again. That’s a greatest hit worthy of infinite replays.
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I saw interviews that DeSantis did where he said he was studying the Constitution very carefully, especially Article 2 (powers of the president) to know precisely what he could do to accomplish his goals. That sent a chill up my spine. I assume he reads the Constitution but not the amendments.
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Those pesky Amendments. It will be necessary to reinterpret those. on the lines of:
“All animals are equal, but some animals are more equal than others.”
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“I’ve got this Article 2 that says I can basically do anything I want as President. I don’t even talk about that.” –Donald the sexual predator and seditionist Trump
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Give
Trump credit: he somehow knew that Article 2 delineated the powers of the president, but he never actually read the words. DeFascist did.
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Somebody told the Orange Idiot that under Article 2, he could do anything he wanted. Was it Stephen “Goebbels” Miller? Sarah Huckster-bee Slanders? Kayleigh McInanity?
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You know, slandering Goebbel’s name by associating with Miller seems is not quite cricket!
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haaaa
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Greg– “inaction that proves a preconceived narrative of the failure and folly of governing is a conscious tactic.” This is profound. But the “tactic” is actually decades of policy that have brought us to huge rich-poor gap and govt owned by big $ interests. That is the fact on the ground that gives rise to feelings of helplessness, cynicism, and a tolerance for govt inaction.
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Just enjoy the barbecue.
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FLERP
I tried to post this days ago but got a message my comment was a duplicate.
If your son is approaching college age, he can consult FairTest, which notes the hundreds of colleges that are SAT/ ACT optional for admission. The list includes Columbia, U Penn, Dartmouth, William & Mary.
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GregB– Narcissism is off-base. It is a breather from chaotic, dispiriting, polarized politics—a retreat to the few things left to celebrate in common, like family gatherings around the beginning of summer.
Some notable differences locally in the last few years: the Memorial Day parade in my Norman-Rockwell- like town no longer proceeds all the way down the main drag, band blaring and folks gathered at the curb all the way to the cemetary to lay flags on tombs. It goes for three blocks, then heads into the downtown park for various family fun & games. And for the first time I can remember, not a single house on our block put the flag out front…
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!!!!
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I wrote this in May of last year:
It Can Happen Here (and It Is Happening)
I’ve never liked the term unenumerated rights because the point is not whether they are numbered but whether they are expressed, so I avoided it in my comments on this decision. But that’s the standard legal term and what the decision is about. Extreme conservatives have always HATED the legal theory of there being unenumerated (not specifically stated) rights implicit in the general concepts of the Constitution because they believe that they should have the power to impose constraints on others’ private lives. No, you cannot, if you are a woman, control your own reproduction (contra Roe v. Wade and Planned Parenthood v. Casey). No, you cannot marry across racial lines (contra Loving v. Viginia). No, you cannot use contraception (contra Griswald v. Connecticut). No, you cannot smoke marijuana. No, you cannot sell sexual services. No, you cannot sleep with someone of the same sex (contra Lawrence v. Texas). No, you cannot marry someone of the same sex (contra Obergefell v. Hodges). No, you cannot adopt a gender identity different from your biological sex. No, you cannot vote unless [long list of prohibitions here that make it more difficult for poor people to vote].
And that’s the larger point of the Alito decision. It is not just a decision about abortion rights. It is a template for decisions about this AND other unenumerated rights. Even as it overturns Supreme Court precedent on abortion, it serves as a precedent for overturning an entire body of law based on unenumerated rights, and if you actually read the decision (how many have?), you will find that it was carefully written to lay out IN GENERAL the theory for overturning that body of law and its associated rights. The decision is revolutionary and is meant to be.
My friend Greg Brozeit, who is fluent in German and a profound scholar of modern German history, has made the point that the now extremist Republican Party in America–the party led by the man who wanted police and the military to SHOOT BLM protestors and unarmed asylum seekers–intends to seize control in this country and impose fascism and that in order to do this, it will have to establish a legal framework that enables that. It will use the law to clothe fascism in traditional American garb. And you accomplish that end by getting the right judges in place and passing the right laws and getting the imprimatur of the courts on those laws–ones that eliminate in one fell swoop whole bodies of rights under the law and give the state the power to use its monopoly on violence to ensure that those rights are not exercised. So, in Germany, you couldn’t have the Nazi government without the Enabling Act and its imprimatur by German courts. We are Germany in 1932.
So, beyond simply women’s reproductive rights, as important, as essential as those are, there is this more general problem with the Alito decision. It is a plug-and-play boilerplate for eliminating the whole body of law related to unenumerated rights and thereby eliminating those rights. You might think of it as a kind of Bill of anti-Rights. It is a revolutionary document, akin to a revised, fascist Constitution for a new, Trumpier American government, a far more powerful coercive state.
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Good analysis and explanation, Bob.
Sorry that WordPress put it into moderation while I was walking the dog.
I’m eager to see how Justice Clarence parses a challenge to Loving v. Virginia, which overturned state laws prohibiting interracial marriages. Is all of this Constitutional drama meant to free him from Ginni Thomas? And in the process of doing so, will we revert to the 1950s, when married couples were not allowed to buy contraceptives and gays cloaked their identities?
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Hi, Mitzi!!! xoxoxxo!!!
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‘Is all of this Constitutional drama meant to free him from Ginni Thomas?’
Diane, your sense of humor is fabulous!!!
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Thanks, Diane, for posting this. If I had written the thing better to begin with, I would have said that the purpose of doing away with unenumerated rights under the Constitution is to limit personal freedoms and extend command and control by the government over aspects of people’s lives. I rarely read anything I’ve written without wanting to tear into it and make corrections.
We live in an extremely dangerous time. I’ve mentioned before here that I am in the middle of reading Vasily Grossman’s great dilogy (two novels) about Russia during WWII–Stalingrad and Life and Fate. One of the things that strikes me powerfully about this book is how much Russia changed, how quickly, after the Revolution, and then changed and changed again–sweeping changes that reached into every cottage, every bedroom, every workplace, every school. Overnight, that which people thought was forever is swept away, lost. And almost no one sees it coming.
There are very powerful forces at work right now to reenvision America as a Fascist state. It can happen, it is happening, here.
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If there is one historical lesson Americans and most people around the world have NOT learned about the transition of Weimar to the Third Reich is its rapidity. It is historically portrayed as a long, in hindsight obvious, process borne out of the Versailles Treaty and ending in early 1933. In reality, the mechanisms of governing died between January 30-March 4, 1933. One January 30, no one in power, most in public, and certainly no foreign government believed Hitler was up to the task of being chancellor and that reality would make it a very short, perhaps weeks-long, time in office.
Cabinet member Alfred Hugenberg, leader of the German National Party and small time industrialist intentionally and obviously avoided Hitler for the first group photo, choosing to stand at the edge of the back row instead of being seated next to Hilter, a seat that would be occupied by Hermann Göring. Then the big boys, the establishment conservatives would finally take over and show the way. By March 4, no credible political observer could have denied that the Weimar constitution was dead and January 30 seemed light years away. And by that time, Hugenberg was pushed aside into a ceremonial role, left to make some more money in public obscurity, and died a lonely, bitter man in 1951, never acknowledging his role in bringing the Nazis to power and miscalculating everything.
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Thanks, Greg.
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Greg-
Can we add Franz von Papen to the thread discussion?
Jerusalem Post (3-10-2022) posted a research paper that observed Hugenberg and Von Papen believed Hitler could be contained within a conservative coalition.
The Journal of Modern History (June 2011) posted the research paper, “Franz von Papen, Catholic Conservatives, and the Establishment of the Third Reich.” At the time of Hitler, only 8-10 percent of German Catholics fit into the category.
In 2020, 63% of White American Catholics who attend church regularly voted for Trump.
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Papen succeeded Kurt von Schleicher as chancellor and preceded Hitler, whose cabinet he joined. Papen thought he could control Hitler, be the puppet master, if you will, and convinced Hindenburg to appoint Hitler. Indeed, even though Scheicher made mistakes and had the wrong temperament for the office, many of his reforms actually showed improvement in 1932, one of the reasons electoral support for Nazis stagnated. Therefore, it was imperative for Nazis to maintain a state of impending apprehension and worse, whether it existed or not. They parlayed that doubt into power.
Papen was swept aside fairly quickly, spent much of the war as ambassador to Turkey (useless trivia for Ninotchka fans), went to trial, served a little time and lived out his life writing ridiculous memoirs of denial. And to complete the tale somewhat, Schleicher was murdered on the Night of the Long Knives when the SA was subordinated to the SS. He was seen as a possible threat because, despite his conservatism, he still supported the Republic.
This episode is similar to how crime is being portrayed and misrepresented in the aggregate in the US today: if one either has personal experience with crime or mistakenly fears they will be, it doesn’t matter if actual evidence generally provides a more accurate picture. What crimes exist are possible to address if the political will exists to do so. It’s just matters if the goal is rehabilitation or retribution.
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Thanks for the added explanation.
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I get that sensation of rapidity, Greg. It is the feeling that races through the 1933 novel “The Oppermanns” by Feuchtwanger, describing a 9-month period in the lives of its characters—Nov ’32 to Aug ‘33. I had to look that up: in my memory, the whole novel happened between Jan and April of ’33. Like a cyclone. In the same year it was published, Hitler came to full power, and the author was already in exile.
But I sense it as a sort of “tilt” point at which events rush forward with no turning back. Similar to tipping-point scenarios postulated in climate-change study. Just one example: various characters note that anti-Semitic vibes had been increasing in the country over the last dozen years [i.e., starting not long after the Versailles Treaty]. A period which many dismissed as a phase that would pass, as it had in times past. (How striking that the trilogy the novel is part of is entitled “Wartesaal,” “The Waiting Room”!)
But I expect you are not contending that the Versailles Treaty, the Great Depression, the perceived threat of communism, the weak and unstable government were not factors. Just that decisive change, when it comes, takes place very swiftly.
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Re “how much Russia changed …”
Russian-born Irine Fokine (Michael Fokine’s niece and Anna Pavlova’s goddaughter) once said that the Russians always want their tsar, meaning they cotton to an authoritarian. Does that explain how they could change and change?
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Maybe. But I suspect that we flatter ourselves when we imagine that we are somehow less susceptible to bending the knee to state authority. Consider the passivity and conformity that were the norm in the 1950s and that persisted in Nixon’s Silent Majority. People are remarkably malleable, adaptable. That’s why we have filled every conceivable ecological niche. And look at how quickly the racists and homophobes came scurrying out of the woodwork when Don the Con and his Minister of Propaganda, Stephen “Goebbels” Miller, gave them leave to do so. The world I was raised in and the world today are vastly different, and I thnk that nostalgia for a return to the former is PART of what is drying the Reich-wing passion for a Fascist return to a mythical golden age.–that coupled with idiocy/lack of class consciousnesses on the part of the Trumpanzees. Do you remember, booklady, the context of Fokine’s statement? How one hopes that Russia might throw off the yoke of authoritarianism for good–that the coming death of Tsar Putin will not mean simply his replacement by another bloody member of the siloviki.
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What do you think, booklady? BTW, Grossman does a better job than does anyone I’ve read at conveying the breadth and detail of these changes. He had a gift for description of intimate settings and interactions imbued with, inexorably shaped by, large external events. A lot of that happening in the U.S. right now. But nothing like what’s coming, I fear. Some wake up calls.
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It only takes a few well-placed and well-funded people and the alliances they make to usher in authoritarianism. Today, it’s Leonard Leo, Charles Koch and the religious right which is made up of conservative Catholics and evangelicals.
An article in the Journal of Modern History boiled down Germany’s fascist enablers. It credited conservative Catholics and von Papen.
Jefferson- In every age, in every country, the priest aligns with the despot.
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Reblogged this on Lloyd Lofthouse and commented:
This reblogged post shows how … traitors are, right now, in the process of overthrowing our democratic government. In the background, not via some sort of January 6th event. If those traitors succeed, the U.S. will fracture into 50 separate governments, each state governing itself as if it were a country, and the U.S. Congress and president will have no power to govern what was once the United States.
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Could happen
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It’s frustrating to watch Justice Roberts claim he will not testify before a Senate committee due to separation of powers restraints, but he doesn’t hesitate to interfere with the Executive Branch carrying out legal mandates established decades ago. The Republican mantra is whatever but takes. Who cares about the rules.
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Good point. Separation of powers shields SCOTUS.
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“The only thing necessary for evil to triumph is for good men (and women) to do nothing.” or not enough, or not be smart enough about what they have to do. The Rethuglicans are dismantling our republic–and our would-be democracy–piece by piece. While we talk. And talk. Or search for grand schemes that will solve all of our problems at once. But democracy is hard, time consuming–a pain in the neck. It takes lots of work of various kinds by almost all of us. And we have no major media. No TV networks. No radio channels. We scorn billboards, etc. We are segmented into many groups, mostly working separately. We might start by boycotting sponsors of Fox–or CNN when they give unfair air time to Trump.
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One explanation about Tucker Carlson’s “sponsorship” is that it is provided by the cable companies. Individual sellers of products who advertise on the program have little impact on the bottom line.
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When I read the title, you had me worried for a sec. Glad however to see that things are going right. Thanks for the heads up!
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?
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