So Much for the Rule of Law

'Something about this court makes me uneasy.'

I’m worrying about the powerful abusing the weak and the need to expand rights and opportunities. Them’s my rules.

The Trump regime’s goal of returning us to the days before even the Progressive Era, 1890 to 1918 or 1920, when women finally got the vote, has now given us a truly horrendous Supreme Court pick. [By the way, I’m not one of the sad sack progressives who believes this guy will automatically make it onto the court although I am very close to a state of sad sackism…]  In case you’re not familiar, watch this video for a history of the Progressive era, the good and bad https://www.youtube.com/watch?v=i0Q4zPR4G7M

Let’s circle back to the hue and cry of late from Democrats and some progressives among them that the Republicans are not obeying the “rule of law” by which I think they mostly mean, the norms of civic life more than actual laws. Okay, there are also things like the “emoluments clause” which none of us had likely heard of til now and few yet know what exactly it entails. It seems it was written for folks like Benjamin Franklin who, “for instance, had accepted a snuffbox festooned with 408 diamonds from the King of France.”  https://www.washingtonpost.com/politics/what-is-the-emoluments-clause-does-it-apply-to-president-trump/2017/01/23/12aa7808-e185-11e6-a547-5fb9411d332c_story.html?noredirect=on&utm_term=.ca92c7adcdf6

Here’s a tweet which typically references “the rule of law” without stipulating what that means, “In the end of this debacle, there will either be a Republican Party that has joined with Putin to reform our gov.into an authoritarian state, or there will be the rule of law. There can’t be both. The Republicans have committed treason and need to be prosecuted for the crime.”

If it’s referencing colluding with a foreign state, then the law would seem to work as many already have been indicted and given prison terms but if it references the president, it’s vague. Because, by law, the Republican run congress can set aside the findings of the investigation and it’s a toss-up as to whether a sitting president may be indicted. In fact, it’s a political question, not a legal one.

But, if you’re asking whether a politician is above the law, yeah, that’s another issue and we all know the answer to that. Our system was set up to favor a certain group, a group I don’t have to describe. There have been years, even a decade here and there where laws were made to equalize the playing field, although equalize is not really fair if you were placed at a different starting block than others.

So now the Supreme Court and to a greater extent, the lower courts, which we had come to rely on, will be stacked against, hmmm, take a long lunch break while I type these-(Warning-I’m dropping the useless apostrophe here) workers rights, consumers rights, womens rights, Black folks rights, Brown folks rights, disabled folks rights, LGBTQ folks rights, immigrants rights, childrens rights, people who need healthcare rights, people who need to breathe clean air rights, endangered species rights (we should be added to that list). Hey, even most straight white males who own property actually need to preserve some of those rights.

Well, we kept saying, the system worked. The courts have stopped him/them. Yeah, good luck with that now. They will just ignore any judge who disagrees with them after ignoring any existing laws, statutes or NORMS until they get to SCOTUS where their perfidy will be upheld.

Why is any of this a surprise? For most of our history the courts have protected the Wealthy, the White and the American Aristocracy, whether it’s landed dudes who own their workers or tech dudes who, almost own their workers, and so-called Christian dudes who don’t wanna bake cakes in case they call for lavender icing.

We learned to love the Warren Court and hold it as our image of the goodness of lifetime appointments and the belief that if the same guy who proposed the internment/imprisonment of Americans of Japanese descent could turn out to oppose segregation and uphold the 4th Amendment, could evolve so could they all.

Well, good luck with that. But if it’s cause you now wanna defend the FBI, I got some movies that show even Hollywood can set the lie to that. Now I don’t mean to say that the folks who run that Republican organization are all like J Edgar, no, they are more polished than that. And should we defend them, those agents, against the GOP’s obvious partisan and personal attacks, yes, of course. We can read and chew at the same time, right?

BUT, let’s stop getting our panties or our boxers-tired of the feminine reference being used to show weakness and Warning don’t read this if you are offended by gross language-everybody knows a pussy is way more resilient and powerful than a dick-whenever a norm is broken or a law misused. It’s the American way.

I’ve gone to jail twice because I ignored the rule of law, minor laws, laws imposed for expediency sake, for sure. But I’ll do it again and I’d even prefer doing it for “greater” laws as we shall soon see the return of laws against free speech like we did under Woodrow Wilson, yeah, that guy. Check out the Sedition Act of 1918, https://www.thirteen.org/wnet/supremecourt/capitalism/sources_document1.html

Or the ones that go back to John Adams, sigh.

Relying on such a concept of the Rule of Law is a recipe for acquiescing to more racially punishing laws, more denigration of individual and group liberties and the complete collapse of our environment.

No, we need to coalesce around a group of principles against which we will give not an inch. It starts with preventing any of Trump’s SCOTUS picks from getting a fair hearing, Yep, I said fair. All those judges were picked by folks who oppose equal rights for the rest of us so the list is biased against us and we must act accordingly.

Anyway, please discuss, especially the legal minds, tear into this if you will but please define the rule of law before you do, cause really, I don’t know what you folks are worrying about. I’m worrying about the powerful abusing the weak and the need to expand rights and opportunities. Them’s my rules.

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