Thursday, March 22, 2018

Line Item Veto

Dear Mr. President,

Please allow me to give you a quick history lesson. It will help the next time you hold a fax press conference.

Ronald Reagan was the first modern president to ask Congress for the line item veto. In 1996, Congress gave President Clinton that veto power. Then in 1998, the SCOTUS in a 6-3 vote, over turn that law. They ruled it unconstitutional.

This means that you will not get the power. You are going to have to work with Congress and not listening to FOX news all the time. Stop golfing and do your job.

Signed,
An Informed Citizen.

Friday, February 2, 2018

The 25th Amendment, Impeachment, and Trump.

The 25th Amendment, Impeachment, and Trump.

A political rant. You have been warned.

Ever since Trump got elected, Democrats, progressives, and liberals have been ranting about the ways to remove him. Their reasons are wide and far, complex and simple, obvious and subtle. And yet not a single one of them will be used or work. Let’s look at what they are, how they work, and why it won’t happen under this president.

When the founding fathers created the Constitution, they had just fought a war for independence, 10 years earlier. The creation of the Society of the Cincinnati created a minor controversy. This was a group of former solders. You had to be a former solder to be a member. They had set themselves up as a hereditary society. This scared the heck out of the people trying to create a government. The fathers were worried about another King. They wanted a way to remove the President. Hence, we get impeachment.

But what most people don’t know is how it really works. First a resolution goes to a sub-committee. Next it goes to the committee based on the charge, usually this is the House Committee on the Judiciary. This Committee investigates whether or not a “High Crime or Misdemeanor” was committed. (See Section 4, Article 2 of the U.S. Constitution.) An interesting detail here, the Constitution does not really identify what a “High Crime and Misdemeanor” is. A simple majority is all that is needed to move it to the full House. In the House, a simple majority is also all that is required to pass each resolution. Now the person is impeached. A little side note here. Until Clinton, the House had only impeached 18 federal officers. 15 judges (one was a Supreme Court Justice), 1 Cabinet Secretary, a Senator, and a President.

Once the resolutions have been approved, they are sent to the Senate. At this point, the Senate performs a trial. Members of the House act as the prosecution. The Chief Justice of the Supreme Court presides over the trial. The accused can defend themselves or have a lawyer present. 67 senators are needed to convict. They will hold intense debates about evidence and witnesses. When the trail part is done, the senators vote on conviction or not. No secret ballots here. On the record and open to the public. Once convicted, the person is out. Right then and there.

Now think about this process. Those of us old enough, remember the Clinton Impeachment. Charged with perjury and Obstruction of Justice, the Senate could not even get a simple majority. All of this in almost two months’ time. Why is this important? 67 Senators means that you have to have members from both sides of the aisle. In the current environment the Republicans have 51 members and the Democrats have 49. If impeachment were to happen today that would mean 18 Republicans would have to believe that the President was such a threat to the country that they were willing to vote against the party. This will not happen.

Why? The Republicans, that are not retiring, will be looking to get re-elected. The President’s base is at 35% of the voting population. These are highly vocal and energized voters. These are the people that vote in the primaries. They vote for the extreme candidates and are single issue voters. They will not let a Republican vote for impeachment without punishing them. Hence, no re-election.

Now the Mid-terms are coming up. Chances are high that the Dems will take back one if not both chambers. So the numbers will shift again. Do you really see either side voting against their party?

An honest look at the country shows that we are 50-50 ideological. (Conservatives vs. Liberals) Even the most strident politician knows that an impeachment would tear the country apart. The only way that it would even be thought about is if Mueller comes up with something, so over whelming, that close to 80-90% of the American people would want the President gone. Don’t hold your breath.

Next is the 25th Amendment. A little history first. If you have read the constitution, the secession for the death of a President was very unclear. Heck, nowhere was does it even talk about replacing the Vice President. (There was no Vice President after the Lincoln and Kennedy assassination.) There is a long history of the problems with Secession. Fortunately, we have had people of vision to understand that a smooth transition was necessary for a democracy. When Harrison died (1841), John Tyler took over as President. There was some debate about wither he was the “Acting” President or just President. He decided to be President and thus was formed the “Tyler Precedent.” And Secession was set up, but was on shaky ground.

Then came the Kennedy Assassination. Something had to be done. 4 years later, the 25th Amendment was born and ratified. The first three sections are about what happens if the President dies or quits and the replacement of the Vice-president. But the fourth section is the one the Liberals keep talking about.

Section 4 was originally intended for in case the President was incapacitated, such has being placed in a coma (Stroke – Wilson, Heart attack – Eisenhower, or assassination – Kennedy). Basically, the cabinet and Vice President says the President can’t do the job. Congress left a loop hole for the President to say “I’m not dead. I’m getting better.” And then the Cabinet gets to say, “No you’re not, you’ll be stone dead in a moment.” At this point, both houses of Congress gets to decide who’s right and who’s wrong by a 2/3 majority. (290 in the House and 67 for the Senate) And all on a strict schedule (27 days).

When the President is incapacitated and can’t talk for himself, of course the Cabinet and VP are going to have no problem convincing the Congress and the American people about his capability. But what about if the charge is mental fitness? Seriously, think about it. What constitutes someone being unfit mentally versus being an A-hole? Sure, appointing your dog to be Secretary of Defense is a good indication, but beyond that what are the signs?

Only trained professionals can answer that. They will and have had a wide verity of opinions on this subject. Does hearing voices count? Some will think this person is highly religious and think they are hearing the voice of God. What about temperament? Does being an uninformed jerk/A-hole make you mentally unfit? If that were the case, just about every CEO in the business world would be declared unfit to run a company.

Yet once these questions are resolved in the minds of the Cabinet, ask this questions. Do you see this Cabinet turning on this President? This is a group that practically shouts it allegiance to him at the beginning of each cabinet meeting. Why remove him even if he is nuts? The Cabinet and his advisers around him could prop him up and be the people really running things. Don’t believe me? Ask Mrs. Wilson.

So, there it is. The only two legal ways for the country to remove a president. Both require large numbers of Representatives and Senators. And none of it will happen in the three years left in the President’s term.

What are the options then? If Special Prosecutor Mueller finds something really bad, maybe the mood and attitudes of Congress and the American People will change. But don’t hold your breath. The President might resign from the office. Especially, if the Congress or Mueller is closing in on him or his family. (This is what happened with Nixon) Sadly, I don’t see this President having the temperament to make that sacrifice. Finally is death. With the recent medical physical, we know that the President does suffer from heart disease. We know he eats like a child, gets very little exercise, and is overweight. All signs of a pending heart attack. Don’t wait for it. Who knows when that will strike?

Nope, the only real choice for Liberal, Democrats, and progressives is the 2018 mid-term elections. They will need to take back at least one of the houses of Congress. This is where the checks and balances of our system will really play out. The Houses determines the budgets. The Senate advises and consents the Federal Judiciary. These are things that will impact this country for years, if not generations.

How they accomplish this is a matter up for debate. Couple of things are certain. First, the anger, paranoia, and attitudes need to go away. Purity tests only cause harm. Remember, a half loaf is better than no loaf. Yes, it is a cliché, but the long view has to be invoke here. Put aside the defeats of the last Election and think about what you really want. Do you want this administration’s policies to continue? You decided.

Secondly, the Liberals, Progressives, and Democrats will need to get out and vote. No Conspiracies. No complaints. No excuses. The more of you that vote, the better chance you have of winning. Don’t like having to vote for the lesser of two evils? Too bad. Third parties will just help the Republicans.

There it is. Impeachment and the 25th Amendment will not be used and cannot succeed in the current environment. A longer view will be needed. But do Liberals and the Democrats have that kind of discipline? Only history will know.

Thursday, February 1, 2018

Republican Intelligence Memo

Dear Sean Hannity,

Did you actually read the memo? It has nothing to do with Flynn or Manafort. It states right at the end that Russian investigation started because of Papadopoulos. It just shows that Carter Page was the subject of surveillance.

Four separate judges reviewed the warrant. You would think if this was politicized, one of them would have spoken up and said something.

But let me tell one important fact you keep forgetting. The leadership that you are disparaging are Republicans, appointed by a Republican, and confirmed by Republicans. The Dems have nothing to do with this.

Signed,
An Informed Citizen.

Thursday, January 25, 2018

No Fear

Dear Congressman Nunes (R-22nd District, California) and your colleagues,

We have this stunt before with your memo. And we have seen how it turns out. Please watch and learn a little bit of history of this great country.


Signed
An Informed Citizen.


Murrow on McCarthy, no fear, 1954

Sunday, January 7, 2018

Weed

Weed is now legal in California. Before I get deeper in to this rant, full disclosure is required. I am opposed to pot legalization. Seen too many high school buddies suffer from it.

Now that I have said that, I understand the want to legalize it. It is a nature product. Hemp is a strong material. Heck, even the fore fathers grow it. There are a number of claims about its use curing cancer and other terrible diseases. (None of which have been proven in scientific peer-reviewed papers.) I have personally seen it aid people on lemon and with AIDS. (Killed the nausea and allowed them to eat.)

Now there are 29 states that have legalized it for Recreation or medical use. For those that are bad at math, that is a majority of the states. There are more looking to do the same.

Now under Obama, the DOJ (Department of Justice) took a hands off approach. I am sure that there are number of reasons why. None of which I am privy too. However, the belief that Obama administration was a bunch of weed smoking hippies is not it.

Now, Attorney General Jeff Sessions has inform the offices of the U.S. Attorneys that they can prosecute for the maximum terms. And this has brought about a number cries of anguish and gnashing of teeth. The voices from both side of the aisle is interesting. Their reasons are what is the most interesting.

Conservatives are upset because this is yet another promise broke by the Trump administration. The gist of this is the promise to respect state's rights (the 10th Amendment to the Constitution.) The liberals are upset for the obvious reasons. Talk about big Pharma being behind it. Seasons has a big investments in private prisons. (Social Media has even crazier reasons.)

Trump, Seasons, prohibitionists, and I are on the wrong side of history here. Marijuana will be legalized. The reason has nothing to do with feel good you get from smoking/ingesting it. The reason is simple economics.

The States are getting over a billion dollars in tax revenue. They are not going to walk away from that. Conservative estimates are close to 120,000 jobs will be created. (Twice that of the coal industry.) And then there are the jobs created in support of it. Finance, Insurance, construction, and transportation are all thing that will generate more money and jobs.

Now, the downside has to be addressed. In the last 30 years, the strength of pot (THC) has dramatically increased in intensity. The reasons are obvious. The dealers needed stronger weed. The stronger it is, less you need. Smaller amounts are less to smuggle and bigger profits. Do we want every Tom, Dick, and Harry to growing and selling weed? (You can make booze, but you can't sell it unless you are licensed.)

History is marching on. Pot will be legalized. Nothing can be done to stop it. The tipping point has passed. But some common sense safe guards can and should be put in place. I hope all sides can agree to this.

When this was first published on my Facebook page, there were some responses. Here are the two most thought provoking:

David Gerrold: Medical use of marijuana has not been extensively researched ... yet.
However, I know a number of people who have benefited enormously from CBD oil and other forms of marijuana. The anecdotal evidence is starting to pile up and it's my feeling that the whole subject merits significant study. (I'm not going to cite all the different stories I've heard from reputable people about how their use of medical grade grass has helped them. Much of the medical pot does not get you stoned, it's pain relieving. But I will cite my own experience — that CBD oil is effective on sore muscles, especially a torn rotator cuff.)
But there's another argument for legalization that merits consideration. When this nation prohibited the use of alcohol in the twenties, and into the thirties, the result was a nation of scofflaws, and the creation of organized criminal smuggling and distribution operations — i.e. the creation of the mafia.
Eventually, prohibition was abandoned.
Keeping marijuana illegal is another prohibition. The black market for pot funnels millions of dollars into Mexican cartels, who spend that money on weapons, and have destabilized not only the Mexican economy, but the government as well.
Legalization of pot cuts off that flow of money to Mexican cartels. Taxation of legal pot puts millions of dollars into state and local coffers.
The evidence of Colorado and other states is that the use of pot does not significantly increase with legalization.
Yes, there are issues with legalization, but they will likely prove less disruptive than the continuation of an ineffective war on drugs, which has been enforced unfairly against minorities.

Janice Dallas: Pot/cannabis is not all THC. More and more strains that are higher in CBD than THC are being developed. They do not make one stoned, but do give relief of chronic pain, (which I use it for instead of opioids). I agree that research on all its good properties is desired, but that can't be done while it's considered a class 1 drug with no redeeming qualities. It needs to be changed to class 2, because it does have medical properties.

Friday, January 5, 2018

Fire and Fury

Dear Mr. President,

Today, a book that is highly critical of you will be released. It says a number of highly negative things about you, you family, and your Administration.

Yesterday, your lawyers tried to serve a cease and desist letter to the publisher of the book. The basis being defamation, libel, and "full of lies." You claim that you never authorized the book. And that it is full of lies.

It appears that your lawyers have not told you the truth. Let me educate you in somethings since they appear to have not done their jobs. You are a public figure. People are allow to talk about public figures. Yes, there are laws protecting them. But you, sir, are the President. The most public of public figures.

As a government figure, you are open to unfettered criticism and scrutiny. That is the nature of the office you chose to run for. If you did not want this scrutiny, this criticism of you, then you should have stayed a private citizen.

By sending this letter and complaining loudly about this book, you have turned it into an international best seller.

You are threatening to sue. So again, let me educate you because your lawyers are not. The Publishing Company (a German company) is a multi-national corporation. They have more money and more lawyers than you do. You will lose in court with even the most conservative judges.

You and your Administration allowed this reporter into your midst. You gave him unprecedented access, even to the Oval Office. This is the unintended consequences and results of you and the amateur hour staff that you have surrounded yourself with. Time to be a president and accept criticism that you are going to get. The country is watching and will make a judgment soon.

Signed,
An Informed Citizen.

Tuesday, December 12, 2017

Moore, Liberals, and the GOP.

Moore, Liberals, and the GOP.

A political rant. You have been warned.

Well, today is the big day in Alabama. Will the voters of that state elect Roy Moore as the next Senator, filling Jeff Seasons seat? Before I answer that, Let’s take a quick look at the state and some of the people that have recently been elected there. The Governor had to step down due to a sex scandal. The Speaker of the House step down due to corruption charges. The LT Gov. (now the Governor) appointed Luther Strange as Senator. Strange was the State AG and promised to prosecute the Governor over the sex scandal, thus stopping the impeachment. He never did.

So based on this recent history, here is my prediction. Roy Moore will win the election, by 7-9%. Why, you ask? First look at the above history. Secondly, Alabama is one of the most deeply red states. Even the Current Governor stated publicly that she would rather vote for an accused pedophile then a squishy Democrat. Next, Alabama voters are pissed at the rest of the country. They are not liking being called dumb and being told who they can and can’t vote for. (Steve Bannon has been stoking that fire). Finally, the main feeling is while he maybe a pedophile, he is ours.

Where does all this leave the GOP? The Republicans will now have to own this. Lock, stock, and barrel. When Trump started supporting Moore and denouncing the Dems for their sex scandals, the double standard was in full bloom. Senate Republicans that had called for Moore to step down, are now tepidly supporting him. When Moore steps into the Senate, there will be a minor ethics investigation that will quietly disappear. He will get some low level committee assignments and won’t go full bluster for about 3 months. But the once great Republican Party will now be the party of Sexual Predators.

And what about the Liberal, progressives, and moderates? They have a great opportunity here, if they are willing to take it. Trump, Bannon, and Moore are leaving the door wide open for attacks. The Democratic Party is purging their own of those with Sexual indiscretions (lewd and/or predatory behavior). They are showing the country an intolerance for this type of behavior. They are going after the moral high ground.

But will they take it? The Left is in the middle of a minor civil war. The far Left is looking for purity. The moderates are just wanting to be heard. And all are missing the fights on the Right. The Left is missing perhaps the biggest point to winning back power and influence in the country. Half a loaf is better than no loaf. The Right has known this for years and have been using it. At this point, they have to do the one thing they hate even thinking about. Compromise with each other. If they don’t then the future is lost to them for a generation.

Will Moore win and give the GOP heartache for years to come? I think he might. Will the left get off their collective butts and vote in the mind-terms? If history is any indication, I don’t think so. I really hope I’m wrong. Only history will tell us for sure.