2020 November – QBG

Level the Field

Amoral: a) having or showing no concern about whether behavior is morally right or wrong: b) being outside or beyond the moral order or a particular code of morals

Immoral: conflicting with generally or traditionally held moral principles

soapboxpile Are the members of the GOP both of the above? It is a fair question in light of their actions and active participation in the attempted coup by Donald J. Trump, outgoing President of the United States and his team of legal geniuses. What is there to say about those who took the following Oath:

“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”

It is such a simple thing; just pick the very first line thing in the Oath; support and defend the Constitution. Not a person, not a party but the Constitution of the United States. The interesting thing about this is that the incoming President and Vice President swear similar oaths of office to protect and defend the United States’ Constitution.

So what we have is a conundrum.

Is the GOP’s entire elected membership, with very few exceptions nationwide, seditious, oath-breaking, villains? Or are they simply brainwashed cult members ready to die on Trump’s bonfire of vanity?

That is the question we have to ask ourselves as we watch the nation tear itself apart on falsehood and conspiracy theories so farfetched even those telling the stories cannot maintain their equilibrium. There is a pervasive sickness infecting not just those at the bottom but also those at the top. Elected officials willing to turn a blind eye to the erosion of traditional norms, ready to break the rules bound by centuries of standards simply to appease a single man, his temper and his apparent hold on the perceived base of voters easily swayed. I have watched Congress members say without blinking an eye what has been done in the past is not relevant today; time and again, norms are no longer valid.

“The courts will decide disputes; that’s the way we do it in this country. Having close disputed elections is not unusual.” Mitch McConnell

Senator McConnell is not wrong; close votes are not unusual where he goes off the rails is the pandering nonsense that these require courts to decide. What is staggering is we suddenly must wait for states to certify elections before the GOP leadership will acknowledge Joe Biden as the President-Elect. It should be noted, Donald J. Trump had already declared himself the winner on November 3. Laying the groundwork for what was to come, weeks of nonsensical legal filings in various states that went nowhere fast. Weeks of news conferences from washed-up has-been sycophants spewing unsupported claims of voter fraud, with guarantees their master would be king come January.

What have we learned from all of this? What can we take forward into the future?

One thing we should learn is what comes around goes around, always. If you don’t like the polarization of Washington, D.C and the partisanship of politics today, blame Harry Reid and the Senate Democrats of 2013. The Nuclear Option eliminated the Senate filibuster for all nominations to Article III Federal Judiciary except for the Supreme Court and the President’s picks for his Cabinet. This led the way for Mitch McConnel to pack the federal judiciary with 300 unqualified lifetime appointments and three Supreme Court Justices. Additionally, it allowed the Trump administration to select uniquely unqualified members for his Cabinet, including his own children, without a single protest in the Senate. Finally, as we look at Joe Biden taking office next year and the Cabinet he is putting together, the GOP Senate members are already raising their hands and saying that they will not be approved despite their qualifications.

What else should we learn? What we have relied upon as traditional norms must become hard and fast rules with consequences. That we must demand more of those who sit in the oval office or walk the halls of Congress as elected leaders. We must look closely at our minimum standards; we must raise the bar and codify some of what we have considered ‘norms’ into Trump-visits-St-Johns-Church basic job requirements. Our future must never see another person so utterly unprepared and ill-equipped as Donald J. Trump sworn into the Presidency. We can never again allow the last four years to be repeated; honestly, we can never again allow the previous twelve years to be repeated. Make no mistake, the polarization and partisanship began when Mitch McConnell uttered this famous phrase, signally the top GOP priority under the Obama administration:

“The single most important thing we want to achieve is for President Obama to be a one-term president.” October 23, 2010

How do we address these issues? What can we do to turn the tide for a future that looks more like the one intended by the original Constitution and in the Federalist Papers? Despite the entire Biden presidency is a lame-duck administration, there is much that can be done. Even with a pandemic looming and an economy failing, both at home and globally, some steps can be taken that I believe could gain bipartisan support. Despite all the evidence, I remain hopeful that Republicans remain in Congress who want a better tomorrow and save America. I think what comes next is in the hands of the people, not the government. What we demand will become the priorities in Congress.

Term Limits on Congress, maximum of 3 terms for both House and Senate.
Change in Lifetime appointments to a maximum of 25-year for all Federal Bench. All appointments must pass a minimum of Qualified by the ABA to be considered.
Change in use of Executive Orders. All Executive Orders should be subject to review by Congress.
New laws enshrining ‘norms’ (e.g., the release of 10 years of taxes, health records including a phycological test, requirement to quit all business interest before taking office, strengthening emoluments clause, strengthening nepotism clauses). These new rules must include the President, Vice President and all members of Congress. These must not be a wish list but instead requirements for the office.
Reversal of Citizen United. Congress to pass legislation to include all campaigns limited in fund raising activities. A gentle reminder, money is the root of most evil and there should be limits.
Reinstate the Fairness Doctrine with teeth. Let’s start holding the media, including social media, accountable.

biden_Harris That is it for me as a starting position. I know there is plenty to keep them busy in the first 100 days. There is more to keep them busy bickering and backbiting going forward after that. Yet, we the people have the power and we the people must demand a better nation. If we want the big stuff to get done, we must demand that they start changing the rules in our favor.

Next Up, Heal or Revenge

We have a long history of partisanship within our state and federal legislatures’, power begets power. Those with power want to hold on and those without power snivel, whine and plan their next move. This is the way of the world since history began to be recorded; it is undoubtedly the way of the Divided States of America. The one thing missing from the above? We the people, we seem to be the silent and all too frequently forgotten victims of the one-upmanship and gameplaying that takes place in the halls of power.

Donald J. Trump is the consummation of fifty years of GOP scheming and planning. He is the payoff of Right-Wing backroom deal-making. He is everything they hoped for and more because he is ignorant of their manipulation and takes credit for each disaster as if it were a success. The Federalist Society has all they could wish for, a Judiciary that leans right from top to bottom. In the final two years of his Presidency, Mitch McConnel blocked Obama’s nominations, resulting in over 100 open seats to fill when Trump entered office. What did Trump have to say? He found his predecessor must have been complacent (lazy) in nominating despite McConnel’s very public obstructionism. We focus on the Merrick Garland Supreme Court nomination, but in truth, the Republican majority under McConnel had created a contentious do-nothing process long before this; in fact, it started from the moment they took control of the Senate.

With our national election today and the potential of Joe Biden winning, the question must be asked, what will we do if we win it all? What is in store for America and its citizens if we pull off a complete annihilation of the Republicans and what they have stood for? What will happen if there is a full power shift, the White House and both houses of Congress belong to the Democrats in January. If recent days events are any indication, violence will escalate, and this President has no intention of going quietly. We should not expect a peaceful transition of power. Truthfully, I do not expect this President to accept a loss. I expect there to be multiple challenges between now and December, if not beyond.

Nevertheless, this is about what we will do and what we expect those we elected to power to do? Will we become crazed in our victory? Will we revenge-destruction-health-life-symbolized-word-revenge-hammer-to-show-negative-aspect-revenge-d-revenge-173790748 demand revenge? Will we escalate the cancel culture and just like the current administration demand, all our political enemies be ‘locked up’ for real and perceived crimes.

Will we punish our rivals and gloat in our victory? Will we become what we have despised? Demanding the Democrats in power ‘grow’ backbones?

I ask these questions in both curiosity and fear. As cities board up in preparation for election night violence, walls are built to surround Layfette Square and the White House; this isn’t the country I know, even during previous times of deep unrest. As this President spends his time complaining about how unfair it all is, he would be winning if it weren’t for COVID, he says. As he abandons his supporters freezing in dark fields after his events, this isn’t the behavior of a true leader. This truly isn’t the nation I knew once upon a time.

Our history of protest is long and storied. From the Germantown Quakers of 1688 and their written protest against slavery to today and the Black Lives Matter protests in every major city of this nation. Some have ended in violence, some have continued for years before moving us toward a more perfect union. Each though had a purpose; each had supporters and naysayers as well. Never in our history has there been a President who has actively called for violence against protestors as this one has done. Don’t mistake me. Many protests have ended in violence. Much of that violence was sanctioned by the state and done by police and National Guard. This President, though, encourages violence by those who are simply citizens with guns and MAGA hats.

So I ask again, should we win it all, what will we do? Who will we be after that euphoria wears off and we are done dancing in the streets from joy; who will we be in our victory? We will have a choice. We will only have four years with Joe Biden at the helm of the Presidency and then we will go dancinginstreet through this again. Perhaps Kamala Harris will run, maybe not. If the Democrats get the next two years right, they will hold onto both houses of Congress and there will be no divided government during Biden’s tenure in the White House. If they get it really right, come 2025, we will have a shoo-in for the next 8 years.

What should we be? In my mind, we should play the long-game, and we should be focused on the American people and healing the nation. We should ignore the petty revenge scenarios. We should forget the nonsense of who did what to whom. We should be focused on fixing what is broken for all of America and what can be done now. Here would be my plan for America if I could sit with Joe and Kamala for just a few hours:

Focus on the pandemic, get the resources to the states first and work with the Governors on practical test, track and trace plans. Pull all the Federal Emergency Response levers to make available to state and local governments all necessary resources. Finally, work with Congress to shape the right Bill and pass it through both Houses to get the necessary resources into the hands of individuals, state and local governments to keep everyone whole while we get the virus under control.
Form a bipartisan committee to look at the entire Article III Judiciary branch, including currently seated judges, the nomination process, qualifications, confirmation process. I want everything looked at. I also want to assess current acts, behaviors and actions of current seated Judges and Justices where there is anything questionable. This committee has 120 days to return their initial review and recommendations; if there are specific issues that require additional assessment, they must include these in their initial report. This report will be entirely transparent and made public.
No Senators from either party to be named to Cabinet seats; Joe Biden cannot afford to name any Democrat to a Cabinet seat even if he wins, and the Senate returns to Blue, it will be by a small margin. Rather than ‘play’ favorites, simply put a moratorium on the entire Senate and leave all elected members in place.
Form a bipartisan committee of Black Lives Matter Community Restoration and place VP Kamala Harris in charge. Give them 120 days to produce an initial plan of actionable priorities that can be taken to Congress. This should be a citizen committee but should also have sponsorship from both House and Senate so Bills can be produced quickly from the actionable priorities.
Form a bipartisan committee of Police and Justice Reform. This group will need to include citizens, police, educators in the field, and others with specific knowledge in the area. Were it me, I would put Jeh Johnson at the head of this one; he is clear-eyed and clear-headed. This one would have 150 days for the initial analysis and report. I give them a bit longer because they must look at two separate and very unequal parts of our system. Policing and Justice, while intertwined, remain separated by layers of implementation. Ultimately we have to consider all the individual layers of Federal, State, Local and overall Justice Reform if we are to truly ‘fix’ what is broken today.

Those would be my first day in office; those committees are formed and off to the races. Are there other pressing issues? Certainly, there are and they would have to be taken on post-haste. This nation needs so many things, Joe Biden Accepts Presidential Nomination At Democratic National Convention so much healing. Each item seems to be a priority. But if we could at least seem to be moving toward action, that is something. Gloating and revenge doesn’t heal us; it might give us a momentary thrill, it might make us feel good for a minute or two, but it does not heal us as a nation and healing the nation is what we most need now.

So I ask one more time, who will we be, should we win it all? Will we emulate the Administration of the past four years? Will we be monsters? Or will we be something finer, something more generous, and begin the hard work of healing.