Showing posts with label supreme court decision. Show all posts
Showing posts with label supreme court decision. Show all posts

Sunday, June 23, 2019

The Court steps up? Oregon shenanigens! And the meaning of July 4.


For starters: Peter Denning interviews me about “resilience” of our critical infrastructure, from the power grid and cell-phones to transportation, food supplies and solar roofs, in the new issue of Communications of the ACM (CACM). I offer a dozen measures - some of them incredibly easy/cheap - that could improve robustness against shocks, by orders of magnitude, preventing us from ever facing a “Postman” situation. 

For those of you who aren’t ACM member-nerds, I’ll post a version some time. And yes, I’m qualified as a physicist, electrical engineer and longtime consultant on these matters with corporations and agencies. But frankly, it’s the science fiction. Of course it is.

== Three Court decisions that will change America and the World ==

Cardinal Richelieu - recalled as the "Three Musketeers" villain - is quoted as saying, “If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him.” 

Now the conservative U.S. Supreme Court has ruled in Richelieu’s favor. Well, in favor of police who arrest you over any minor thing, even if it is clearly in retaliation for something you said. This eats away at what was the leap in citizen rights we experienced — (without press notice) - in 2013 when the courts and Obama administration ruled that citizens may record the police in public. We must add this to our list of reasons to be active!

Still, there is a court that is higher than the Supremes! Jury nullification. Talk your neighbors into saying “no way is that right.” Then talk all of them into voting.

== A birthday gift to the nation? ==

Of course the most-important American, right now is Chief Justice John Roberts. He has already used a technicality to reverse Republican cheat-gerrymandering in Virginia, allowing that state's rising majority of smart people to finally get a fair vote. But it's the looming Court decisions re Wisconsin and Maryland that could truly end that blatant travesty, returning democracy to America.

These matters combine with a third constitutional crisis before us... whether Congress truly is an equal (indeed Constitutionally foremost) branch of government, able to compel testimony under its inherent powers of investigation and oversight. Powers the GOP used for 25 years to harry Obama and the Clintons, uncovering zilch. Now that light is pouring the other way, and money-laundering revelations are about to burst the dam, Trumpist-Foxites hypocritically aim to castrate that power, forever. 

There is ample precedent that Congress has this power: Under the 1934 Jurney vs. McCracken decision, the Supreme Court says Congress can detain people who refuse to provide information. Adam Schiff is talking about fines. This article lays it out. 

These separate issues revolve around one principle: legislature sovereignty. John Roberts earlier admitted that blatant political gerrymandering was wrong, but refused to intervene in the “proper domain” of state legislatures, a stance so clearly bogus.... But indeed, my 'Minimal Overlap' solution to gerrymandering would nullify the 'legislative sovereignty' excuse perfectly! Plaintiffs in gerrymandering cases should refer to it.

Okay, let's suppose Roberts favors acceptance of 'legislature prerogative' as an excuse not to rule on gerrymandering, then how can he rule against the U.S. Congressional prerogative of oversight? Someone needs to make that explicit.

Note: In fact, I know a way Congress might bypass the Supreme Court, by appealing to the fourth branch of government. I spoke to a few Congressional aides about the idea. It would work... once... and then likely always. If only Democratic politicians had as much brains as heart. (There is also a way to make every House member (including Republicans) fiercely protective of subpoena power - by granting every member - majority or minority - one-per-year. I explain elsewhere.)

Amid one of the most crucial Supreme Court seasons ever, look up Roger Taney, who goes down as one of the most despised names in American history - a posterity Taney wouldn't have imagined, when named Chief Justice. But before he died – knowing Lincoln would be re-elected by a landslide - he saw ignominy and infamy would be his fate. You should spread word so modern Americans know about that horrid man, who ensured there would be no way out except violent convulsion. Will what happened in phase 4 of the U.S. civil war occur again, if our current phase 8 goes hot? It will, if blatant cheats empowering the New Confederate Treason are left in place.  America’s destiny is largely in the hands of the man currently sitting in the same chair.

== Oregonian goings-on ==

You've seen reports out of Oregon, how Democrats have super-majorities and the governor and plan to enact climate change legislation for the sake of their grandchildren... but need two Republicans to show up to make a quorum. And so, GOP state senators are fleeing to Idaho, chased by state police ordered (legally) to collar them back to their jobs.

What theater! The NPR and other reports are interesting... yet I've heard none that pull back to recall a similar case back when Tom DeLay's GOP took over Texas, vowing to rip redistricting out of the hands of bipartisan commissions and gerrymander like hell. In 2002, Democratic state legislators fled to Oklahoma, rather than give DeLay a quorum. Rick Perry used a series of tricks to bypass them and the era of GOP super-cheating -- emulated everywhere the party got power -- began.

Does that sound like a tit-for-tat similarity. Both sides do it?  Well except that:

1) The dems in 2002 Texas were protesting spectacular cheating aimed at a raw power rape, ending fair elections. The 2019 Republicans pulling this quorum trick in Oregon are trying to prevent a cap-and-trade system that's proved to work well in California, helping save the world... because some oligarch-owned coal plants in Idaho and Utah might have to close. Both times, the stink of evil-brimstone points in the same direction.

2) In both cases, right wing armed militias threatened violence against Democratic legislators.

Well. Except for that... and everything else... similar cases. It's history that deserves to be remembered.

And finally... worth the wait. You'll gasp!


== July 4 musings... take inspiration form the Declaration ==

In light of the looming American anniversary... and efforts by a pompous pretend-king to hijack it... I was just re-reading the U.S. Declaration of Independence (USDI) - a worthy step in humanity’s climb out of darkness, though with many painful steps left to go.

Elsewhere I discuss how the USDI is about the colonies’ “patient sufferance” and fruitless efforts at negotiation with British oligarchs - which the 1860s secessionist oath-breakers never did. This time, I want to point at just one of the indictments against King George III. It leaped out at me!

"He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.'

Whaaa? Re-read that. Especially in today's context. Oh sure, many aspects of the USDI read as brutishly imperfect from our later perspective… as we will seem brutes to our better descendants, I hope!

Still, as we approach July 4 -- and insipid attempts by confederates to hijack it -- let’s recall that it is the direction of progress that matters - keeping the arc of history bent toward justice. 

Moreover when confederates and their foreign allies and would-be kings are driven out of Washington, and our temples cleansed of treason, we will lift our eyes to a shared future of amiable-adult argument -- actual fair politics -- over how to keep improving, with charity for all and malice towards none.

Saturday, July 14, 2018

End the cheating...


This time, I'll finish with a weird comparison of Donald Trump as the Bizarro Gorbachev... indeed, I believe that's how Vladimir Putin views his puppet!  

But let's start by talking about how Rupert Murdoch and his minions and overseas allies hope to continue their impressive run, having controlled the US legislature, despite losing the popular vote in ten of the last twelve congressional elections, and in all but one of the last seven presidential elections.  How do they do it? 

We know how urgently they need to control the Supreme Court, which has refused to intervene against the egregiously horrific treason called gerrymandering. (Future generations will remember this craven behavior in kind with the Dred Scott Decision.)

Further case in point... Our battle for the republic just got a notch worse. The Supreme Court, in a 5–4 ruling, allows states to purge voters for a failure to vote.  

The Blue Wave will be inadequate unless voter repression in swing districts is fought, tooth and nail. Elsewhere I talk about Voter ID laws, and how stupid liberals are, for opposing such laws in principle.  In principle, there is nothing wrong with asking a voter to prove who they are. Opposing it in general terms makes liberals look like would-be cheaters, themselves.

No, the better argument is that states should offer vigorous compliance assistance, to help poor citizens or women, minorities, youth to get their ID, which would help them also economically and in other parts of life. No red state has done this, spending not even a dime. They close DMV offices in democratic areas! See where I dissect how enemies of America trick decent people into opposing a wretched cheat... in stupid ways.

Instead support groups like this one, that actually get on the ground - like the Freedom Riders of old - and help poor people, the old, the young, divorced women etc to GET ID. This is how we answer: see the valuable work done by VoteRiders.

== The voting machines ==

Top Maryland officials say the FBI told them this week that the state's voter registration platform was purchased by a Russian oligarch in 2015.  And this is... news? This is only the latest, blatant example. For decades, the companies making US electronic voting machines just happened to be owned by former GOP or Murdoch operatives.  

The top job of every GOP Secretary of State in red states is electoral cheating, and they are financially richly rewarded. These states, lacking auditable paper records, will show anomalously high Republican voting this fall, in targeted swing districts, especially in state assembly districts that might tip the balance of power in statehouses.

== This is how you can be most effective, starting now ==

If you are looking for a way to help, turn your attention to some local or neighboring state assembly or senate district that might be in reach to flip. It is at that level that one person's activism could make a huge difference. Offer to host a neighborhood meet-and-greet for the candidate, for example. If they see your district is climbing out of reach, the cheaters will go elsewhere.

Oh, btw, this advice holds for decent republicans. In 2020, the decent, American side of conservatism will have its one chance to rise up and rescue something from the Trump-Murdoch-Putin-confederate ashes. But only if there are ashes in 2018! This fall... hold your nose and go blue.

== Eliminating the greatest path for cheaters ==

A petition was recently sent to the chairman of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, by 36 eminent retired general and field officers from the United States Armed Forces as well as retired civilian leaders from the National Security Council; the Departments of State, Treasury, Defense, Justice, and Commerce; and the U.S. Agency for International Development.  Are they concerned about foreign despots? Terrorists? White and blue collar criminals? Drug lords?

All of the above are empowered and enabled by secret-anonymous shell corporations. And surprise, the leading nexus of these dark dens is not Switzerland, or the Cayman Islands. It is Delaware. Followed by many others of these not-so-United States.

“The U.S. remains the easiest place in the world to set up an anonymous shell company according to an academic study from the University of Texas and Brigham Young University….  These companies have put Americans at risk and worse — criminals enjoy the benefits of strong investment returns and total secrecy here in the U.S. drug cartels and human trafficking operations have long understood the benefits of corporate secrecy to launder money from criminal enterprises. More recently, anonymous companies are implicated in terror financing, fraudulent contracting with our military, and even sanctions evasion.”

These eminent leaders added: “As we ratchet up sanctions against hostile nations, it is telling to note that the Iranian Government previously skirted our sanctions for years by utilizing a web of shell companies, including some registered in the United States, to buy a skyscraper on Fifth Avenue in Manhattan.”

Read the letter here, and spread the word. No, this Congress won’t do anything to benefit the nation, humanity or the future.  But tracks and seeds can be laid. This is reminiscent of the “Helvetian War” that I described in my 1989 novel EARTH. Only I never expected “Helvetia” to stand for America.


 == Who are the best cheaters? ==

Evonomics – the smartest site online for economic/social analysis, aimed at saving free markets from the oligarchy that’s ruining them – features Steve Roth’s article: “Capital’s Share of Income Is Way Higher than You Think.” Roth dissects how almost half of the market income arriving at U.S. households is received for just being wealthy: owning stuff, and not either work or active investment. In other words, most of the rich are doing exactly as that liberal – Adam Smith – described aristocrats always doing… pouring their excess wealth into “rent-seeking” or “rentier” vampirism, instead of creative enterprises.

Oh, there are exceptions! Investors like the west coast tech zillionaires who recycle their extra capital into new ventures, new goods and services and productive capacity. That’s what the Mad Right has said would happen with Supply Side “economics!” But for 90% of the oligarchy, it never, ever happened. Moreover guess how that risk-taking, investor 10% votes?  With a few exceptions, like Peter Thiel, they are mostly democrats, agreeing that markets must be regulated to reduce the age-old enemy of enterprise –

--cheating.

Seriously, where do the proto-feudal oligarchs think this will end? Will the war on all fact users truly cow all the folks who stand in their way to total feudal power? Or will we fight back?

And finally, as promised...

== Is Donald Trump our Bizarro version of Gorbachev==

I was about to claim this as an original-weird idea, but searching uncovered a guy who thought of it first - that Donald Trump's best historical analogue is Mikhail Gorbachev!

Oh, they are opposites in almost every way - as were the systems they undermined! But look at it from the perspective of Puppetmaster Putin, who calls the fall of the USSR 'history's worst tragedy.' Putin openly calls Gorbachev a western agent, who used the Soviet presidency to systematically bring a communist superpower down from within. So, why not use that template to retaliate, in kind?

Gorbachev applied intelligence and decency to reforming his nation away from dogmatism and incompetence. He might have saved the USSR in some form - (I portrayed it, in EARTH) - had not a final attempted communist putsch led to the total breakup.

Now mirror-reverse every single adjective above. Rupert Murdoch and Putin now have an agent in the White House who applies stunningly stubborn stupidity, indecency and a complicity to plunge his nation toward dogmatism and incompetence, while dismantling every single strength that led the West to Cold War victory - from strong alliances to science to a confident service class and basic social cohesion.

Yes, it is a mirror-reverse image, because the US and USSR were opposites in nearly all ways. Ours is a Bizarro Gorbachev, but the fundamental is the same... figure out the empire's greatest weaknesses. Then use a suborned leader and party, plus a massive propaganda mill to demolish morale, undermine institutions and bring a mighty nation down.

More and ever-more, I am convinced Putin and Murdoch are very smart, indeed... though not science fiction smart. They are unable to grasp where waging war on the West's fact-using professions will inevitably lead, once we let ourselves perceive the full extent of cheating.