The Best Thing One Can Say About Originalism Is That It’s Total, Utter Nonsense

Antonin Scalia — the King of Originalism — should have taken originalism to the grave with him. Not that the worms deserve either. Intellectually, originalism is the quintessential make-it-up-as-you-go-along, “White Guy” argument. “But the rules! But the rules!” says the one who wrote the rules, then broke them repeatedly then got upset when others threatened to write the rules instead. Even on its surface, originalism stinks. Scratch that surface and you unleash a whole sewage system of awfulness.

Never mind the fact that the King of Originalism, Scalia, set originalism aside to write the decision that will most define him: Bush v Gore. Not only did he set originalism aside to write that bit of flaming horse shit, he made Bush v Gore a one-time deal. It followed no rules then made itself unique — all in one neat, corrupt, decision.

Originalism insists the Constitution is stuck in time; therefore so is America. If not for those nasty amendments, America would still be a bastion for rich, white, Christian land owners. Like in the 1780s. The opposite view sees the Constitution as a living, breathing, dynamic document (designed) to serve America’s living, breathing, dynamic population. You know, what that famous Republican president called “Government OF the People, BY the People and FOR the People.”

Originalism is about controlling the mythology and pretending it’s the law. It’s Magical Thinking written in lawyer font.

It’s about pretending words say things they don’t.

It’s all about cynicism.

The only correct response when some right wing nitwit hauls originalism onto the table is “Oh, shut up”. The goal is to make you chase them down their rabbit hole because that’s what originalism is: a damned rabbit hole.

“Oh, shut up.” See? Easy!

Mitch McConnell And The Republicans Are Hijacking The Judiciary Because They’re All About JUDGING Us…

Mitch McConnell thinks America’s his “handmaiden”. When we get Moscow Mitch under oath, one thing we must ask the Treason Turtle is when exactly he signed onto the mission the RW money (the Kochs especially) assigned him: the hijacking of the federal judiciary. When specifically did Mitch agree to refuse President Obama (elected by clear MAJORITIES both times) the right to populate the federal bench the way We The People wanted him to. That’s why we elected him, you see — we wanted HIS choices because they reflect OUR choices. Mitch McConnell’s choice, on the other hand, reflect only the RW Money’s choices.

Strange… that doesn’t seem like “democracy”. I doubt it’s coincidental.

If you want to know just how cynical the Republicans are about the future, just look at how they’re trying to shove Amy Barnett down America’s unwilling throat — like we were a “handmaiden” or something. Their gamble is this: a nine-member SCOTUS, dominated 6-3 by arch conservatives will (somehow) keep Donald Trump in power, destroy the ACA permanently and make abortion & reproductive rights a state-by-state fiasco. They seem to believe that if they can accomplish those things, their work will have been worthwhile.

Boy, is it going to suck to be them.

Ironically, it’s the RW’s fear of socialized anything that will hasten the arrival of socialized everything. Their assault on the ACA will make universal single payer, Medicare-for-all a necessity. Their catastrophically bad reaction to the pandemic made it inevitable. In the face of a pathogen like the coronavirus, we can only be as healthy as the least healthy among us. Everyone needs access to health CARE — as opposed to health insurance. As I’ve said here ad nauseum: America has a health INSURANCE system rather than a health CARE system. The first question we ask anyone walking in the door isn’t “How can we fix you?”, it’s “How’re you gonna pay for this?”

That is inhumane. It’s disgusting. But that’s what the Republican Party wants for America.

As the Reagan years drew to a close, the RW money recognized they had a problem. A diversifying America would, eventually, they realized, overwhelm them demographically. When that day came, white people’s hold on political power would begin to erode. The Kochs, the Mercers et al were not going to let that happen (because power equals money). The RW money — being damned smart — saw that the executive branch was pretty much gone. Take away Bush v Gore — where Antonin Scalia’s one-time, originalist-ignoring intercession into the 2000 presidential election handed the election to Bush — and Trump’s dubious win and the Republicans haven’t won the White House since Reagan. The RW money wrote off holding the presidency.

Congress was trickier. The House — being the most direct link to citizens — can be mercurial. If you’re trying to create permanent minority rule, the US House of Representatives would be your giveaway. The other side can have it (if you can’t). The real deal is holding the Senate. McConnell is betting he can hold the Senate forever. He has to or the rest of the plan falls apart.

Too bad the Senate’s about to slip from Mitch’s grasp. States like Texas and Alaska are suddenly competitive with Democrats within the margin of error or, at worst, “margin of error adjacent”. The Senate flipping will screw up everything for Mitch — even worse than losing the White House. The White House can be isolated. The POTUS can be reduced to a figurehead spouting shit in a perpetual loop.

Losing the Senate will make losing the judiciary another inevitability. Mitch knows he’s violated plenty of laws to get where he is. When under oath, we’ll also need Mitch to answer why he was so determined to get that $400 million dollar Russian aluminum factory built in West Kentucky. Yeah, yeah — jobs. Whatever. Except Mitch doesn’t give a damn about jobs. Or Kentuckians.

Mitch cares about himself. He cares about his sugar daddies. He cares about remaining Senate Majority Leader. He cares about being under oath — and paying the penalty for lying while there. He cares about not dying in prison, old, broken, hated and incontinent. Unfortunately for Mitch, Karma feels differently.

Take this to the bank: the Democrats absolutely WILL alter the size of the SCOTUS — because circumstances (including the Republicans’ overtly criminal behavior) demand it. Their guide should be America. Our final arbiter needs to look like US — and not just one part of us. If it takes adding another 100 seats in order for the SCOTUS to more accurately reflect us, they we need to do it.

At the end of the day, Republicans really want to have the judiciary in their grasp because they love judging us. That’s what hypocrites are best at — judging other people for the same behavior they themselves are guilty of. And nothing ices the cake of a judgmental Republican’s judginess than having a giant, red cherry of hypocrisy right on top of everything.

Judge a Republican and their head explodes. Judge a whole “party” of Republicans (that’s the collective name for them — “a party” or “a corruption” — “a corruption of Republicans” also works) and you get a 4th of July fireworks display. In Moscow.

Republicans live to judge the rest of us. At least, they used to. They’re about to live the rest of their lives being judged — and not by scolds either: by the rule of law.

Just as Republicans know nada about anything, they know nada about how judging really works. If they pay attention to what happens to them, they’ll learn.

There Is Only One Answer – Election 2016 Must Be Completely Voided

It’s taken almost 3 years for the Main Stream News Media to broadcast things that, when loons like me used to say them, got eye rolls so hard they nearly burst out of the heads rolling them.

Russia — or any other bad actor — COULD ABSOLUTELY hack into voting machines — in real time even — and CHANGE THEIR TALLIES. That’s even after voters (all Democrats, don’tcha know!) have survived being hacked out of the voter rolls to begin with. Let’s not skip past that very important point: a vote suppressed (where the voter could not vote or was not allowed to vote or was “provisional or was dissuaded from voting via lies sent directly to their FB pages) is a vote stolen. It means the other side’s votes count more; we don’t know for certain what the ratio is — of Republican votes to suppressed or obliterated Democratic votes.

Ya gotta figure — if all those votes Republicans work so hard to suppress were guaranteed Republican votes? We would not be having this conversation. Hell — each of those voters would be limo’d to their polling place, fed, entertained (probably including hand release if they want it) then limo’d home and eased into bed. Same goes for every single Central American refugee trying desperately to get into this country.

Let’s be very clear about WHY all of this is happening. We are experiencing a perfect storm of greed, graft, gall & treachery. The greed, graft & gall all flow from Republicans recognizing that America’s demographics spell eventual doom form them. They are (and always have been — in modern times — we ain’t talking about “The Party Of Lincoln” here) the party of White Christian Male Privilege. Guys like Lee Atwater, Newt Gingrich and Mitch McConnell saw it and saw what they had to do to maintain that privilege for as long as possible if not forever: they had to break the system.

Republicans got that the executive branch was forever gone (take away the bullshittiest SCOTUS decision ever — Bush v Gore) and Al Gore is POTUS. Take away Russia and Hillary Clinton is POTUS. Take away the Electoral College and Republicans can’t even get within the DC City Limits.

They saw, the GOP did, that the House of Representatives was also likely a lost cause. Good thing the Senate is weighted so heavily toward rural states where all the white power lives. It doesn’t put the Senate out of reach for Democrats — it demands a whole other kind of politics however.

That left the judiciary — the one (theoretically co-equal) branch of government that Republicans could (using the Senate) seize, pervert & (using lifetime appointments) employ to circumvent the majority’s will (regarding birth control, climate change, voting rights, immigration). To that end and effect, Mitch McConnell refused to grant Merrick Garland so much as a hearing. He refused to process most of Obama’s other judicial nominees.

Can we all just agree, please — Mitch McConnell (Moscow Mitch as he’s trending now on Twitter) is among the vilest humans to ever walk the planet and – bonus points – one of the worst villains to ever turtle walk across the American political stage. Mitch — beholden to the Kochs & Mercers, beholden to millions of dollars of Russian patronage into his PACS, beholden to oligarchs and any number of other bad actors — deserves to be tried & punished for treason. That’s as factual as facts get.

Though the Republican Party may have resisted Trump at first, they got seduced easily. Having secrets (including emails stolen from the RNC, as yet unrevealed to the public but very much a fact) makes you vulnerable to blackmail. I present the pride of the Carolinas Senator Lindsey Graham who went from calling Trump a racist to proudly pointing to all the places on his uvula where Trump spattered his racist DNA. Once the GOP bought in to Trumpism, they bought in all the way.

The Mueller Report — in print and in Mueller’s unwilling oral presentation — made concrete points: Russia cyber attacked us, our election, our whole Democratic process — and Donald Trump and the Republican party knew it, accepted it and participated in it. When they feared being discovered, they lied about it and obstructed justice in every single way they could.

They’re still at it — just like Robert Mueller said. He was referring strictly to Russia but — he’d already suggested that Trump and those around him were complicit. I’m sure Robert Mueller knew — as he stared back at Republicans like sexual-assault enabler Jim Jordan, DUI-guy Matt Gaetz and scumbag-di-tutti-scumbags Devin Nunes — that each and every one was a flat-out traitor.

The Republican Party approached Election 2016 like a thief approaching the score of his life. He had lots of help but still wondered if they could all pull it off. Keep in mind what we’re talking about here. This isn’t some drunken fraternity prank — this is criminal. It’s aiding and abetting a foreign enemy hellbent on 1) undermining our whole system & 2) profiting from it via the lifting of sanctions. Russia’s efforts — active measures all — aren’t “war-like”, they’re WAR. Cyber War. Information War.

Anyone who thinks wars require bombs and bullets will lose every war they ever fight going forwards. The Russians (or Iran or North Korea or any number of others) could shut down our power grid — you better believe that’s do-able — and we’d sue for peace. Cyber War IS War. We’re under attack. Think of us like Pearl Harbor, December 7, 1941 — 20 minutes BEFORE the Japanese Imperial Navy arrives and starts bombing, The war has already started, the Americans at Pearl Harbor simply didn’t know it yet.

That’s us, not recognizing an empirical fact — that the man occupying the White House was PUT there by a hostile foreign power as part of an act of outright WAR. That means the crimes being committed in concert with Russia are crimes being committed in war time. THAT makes them picture-definition treason.

Let’s be clear again. What the Republican Party did & keeps doing is treasonous. That’s not hyperbole. What Mitch McConnell is doing — refusing to beef up our election security IN ANY WAY is treason on the hoof and in plain sight. THAT is absolutely what the Republicans are up to now and what they were up to back when we all went to vote in 2016.

What happened on November 7, 2016 was neither free nor fair. The Republican Party collaborated with Russia to steal the election and pull off a soft coup d’etat meant to undermine The Rule Of Law and install permanent minority rule. THAT was the actual result of election 2016 — the Republican Party deliberately circumvented the Will of the American People.

Well how the hell can THAT possibly stand?

It can’t. Of course it can’t. If one dollar of Russian money flowed into Republican campaign coffers, that’s a crime. It doesn’t matter if it stopped there (it didn’t); the Rule Of Law isn’t proportional, it’s absolute. If one voter was denied their right to vote then the election was NOT entirely free & fair. Again — the Rule Of Law is not proportional; it is absolute.

You cannot — in the abstract — break the law to become president of the US. You cannot break the law in reality either. And you cannot claim to have “won” an election when the only reason you “won” is because a hostile foreign power MADE YOU WIN.

That means Donald Trump never won anything. Having not actually WON, he didn’t earn the right to take the oath of office or do anything he did after that. He never had the right or the privilege to name judges — including two SCOTUS judges. The authority was NEVER vested in HIM. He did it WITHOUT actual authority.

That means those two judges — hell, EVERY judge nominated by Trump (never mind that the AEI and the Federalist Society who did the actual choosing) are as illegitimate as Trump is. Every bit of legislation. Every executive action. Every statement. Every tweet. Every racist, misogynistic, bigoted, ignorant statement — it was Trumpian but it wasn’t “official”.

So — what do we “do with” all these illegitimate judges and laws (like the tax giveaway)? I heard former Republican David Jolley on MSNBC this morning saying that maybe we just have to let 2016 go — as a “life lesson” for our Democracy.

Ummmm, no, David. Absolutely not. That’s telling the rape victim to get over it. We were raped. Our Democracy was raped. How else would you describe the Republican party shoving themselves on us regardless of how long and how loudly we protest. They’ve “inserted themselves” into us, like it or not. The bombing at Pearl Harbor has begun.

See that pile of bodies over there? See the flames? It’s all real.

It is incumbent on We The People to void every last bit of Election 2016. How do we do that exactly? I’m not sure. We’ve never had to do it before. But then, we’ve never had a president — and his whole political party — sell us out to an enemy before. None of this is explicitly mentioned in the Constitution.

We may have look & think outside the box (and the Constitution) for answers and solutions. Let’s start by throwing every single Republican in prison where they belong and by repealing every last bit of 2016.

If we don’t do that, we’ll be setting ourselves up for failure. It’ll be “Slavery: The Sequel”.