Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Showing posts with label Anti-Constitution. Show all posts
Showing posts with label Anti-Constitution. Show all posts

Sunday, October 01, 2023

Law Professor Explains Why He Thinks Trump Is 'Disqualified' From Becoming President Again

Harvard University Professor Emeritus Laurence Tribe argued that the Constitution “couldn’t be clearer” on why Donald Trump is “disqualified” from becoming president again.

The legal scholar, in an interview with CNN’s Wolf Blitzer on Friday, cited Section 3 of the 14th Amendment, which states that a person is barred from holding office in the U.S. federal government if they “have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Sunday, August 12, 2018

The biggest threat to our democracy that you haven’t heard of

The biggest threat to our democracy that nobody is talking about is the real possibility of a rogue Constitutional convention – empowering extremists to radically reshape the Constitution, our laws, and our country.

If just a few more states sign on to what’s called an “Article V convention” for a balanced budget amendment, there’s no limit to the damage they might do.

Friday, June 16, 2017

Is a Billionaire-Funded Coup to Rewrite the Constitution upon Us?

All eyes are fixed on Capitol Hill as Republicans attempt to pass an American Health Care Bill that's still being revised as of this writing. The recklessness of the party's leadership can't be overstated—14 million Americans' insurance and countless essential health benefits hang in the balance—and yet a meeting scheduled next week in the Wisconsin legislature may possess even more terrifying ramifications for the future of the country.

Thursday, June 15, 2017

Why a Constitutional Convention Is the Last Thing We Need to Fix Our Democracy Right Now

With an authoritarian bully in the White House, producing an almost daily flow of erratic threats, it can be quite a challenge to focus on other threats to the fundamental soundness of American democracy. Which is all the more reason to pay attention to them. One such threat is the prospect of a constitutional convention, called under Article V of the U.S. Constitution. In theory this provision exists as a backstop guarantor of democracy, but no such convention has been called since the 18th century. In practice, steered by conservative activists and monied special interests it could serve as a means for utterly eroding both Americans’ faith in and capacity for democratic self-governance.

Tuesday, March 07, 2017

Republicans and the Constitution

We’re familiar with the contours of the story: fifty-five delegates gathered in Philadelphia, in the sweltering summer of 1787, to do something about the inert Articles of Confederation. Having recognized that the old agreement was fatally flawed—it had no provisions for unitary foreign or tax policies, or for a national defense—the delegates set about creating a four-and-a-half-thousand-word lattice of compromises and counterbalances that has, with the notable exception of the years 1861 through 1865, cemented the union of the United States. The Constitutional Convention has become a sacrosanct chapter in American history, which is not to say that it has lacked an abundance of critics. In 1913, the historian Charles Beard dismissed the whole affair as a gathering of wealthy men, almost half of them slaveholders, scheming to preserve and enhance their economic power. Not so long ago, the late political scientist Robert A. Dahl and the legal scholar Sanford Levinson asked whether the constitution they produced was even properly democratic. But seldom have critics so thoroughly disdained the events in Philadelphia as to call for a do-over. Until recently.

Sunday, March 05, 2017

Why We Could Be on the Verge of a Constitutional Apocalypse

As Donald Trump vilifies the press, the courts, immigrants, Muslims, Democrats, protesters and anyone who disagrees with him, it isn't hard to imagine a modern-day Mussolini—or worse. But an even greater threat lies in Republicans' march toward full control of state government. If they get there, they will have the frightening power to amend the Constitution into their own authoritarian image...or Ayn Rand's.

Republicans now control 32 state legislatures and 33 governorships. They have majorities in both state legislative chambers as well as the governorships in 25 states. The Democrats have total control in only six states and legislative control in two more. (See here.)

Saturday, December 24, 2016

Let's Talk About the Constitution – After Trump's Win, We're Going to Need It

The rise of President-elect Donald J. Trump is a triumph for white supremacy and misogyny that too many of us believed was impossible in the United States in 2016. Trump's promise to "Make America Great Again" is a call to return us to a past in which white men of all classes could expect the government to protect their economic and social dominance relative to racial minorities and women.

Saturday, October 31, 2015

Carly Fiorina’s Utterly Bonkers Take On The Constitution

The minimum wage and Social Security are both unconstitutional, according to Republican presidential candidate Carly Fiorina — a view that puts her at odds with both longstanding precedents and the text of the Constitution.

Fiorina revealed her unusual understanding of the nation’s founding text during Wednesday night’s Republican presidential candidates’ debate. In response to a question on whether the federal government should help workers set up retirement plans, Fiorina offered two sweeping declarations about what the nation’s leaders can and cannot do. “There is no Constitutional role for the federal government in setting up retirement plans. There is no Constitutional role for the federal government to be setting minimum wages,” according to the former corporate CEO.

Saturday, June 27, 2015

Conservatives spend almost $7M defending unconstitutional legislation

OTTAWA —The Harper Conservatives have spent no less than $6.5 million defending high profile and contentious pieces of legislation ultimately deemed unconstitutional, recently disclosed documents show.

But that sum only tells the beginning of the story, said one criminal defence lawyer.

The $6.5 million price tag was arrived at after Liberal MP Scott Simms asked six ministers to release how much they’d spent fighting 16 specific constitutional court challenges.

Tuesday, October 07, 2014

Police Violated Constitutional Rights Of Ferguson Protesters, Federal Judge Rules

WASHINGTON -- Police overseeing security at protests in Ferguson, Missouri, in August violated the constitutional rights of demonstrators and journalists by forcing them to stay in constant motion and not stop walking, a federal judge ruled on Monday.

Chief U.S. District Judge Catherine D. Perry held that the "practice of requiring peaceful demonstrators and others to walk, rather than stand still, violates the Constitution." She issued a preliminary injunction banning St. Louis County Police and Missouri State Highway Patrol officers from using the tactic.

Tuesday, September 30, 2014

Harper OKs potentially unconstitutional China-Canada FIPA deal, coming into force October 1

It's official: Prime Minister Stephen Harper has approved the controversial Canada-China Foreign Investment Promotion and Protection Agreement (FIPA) today.

In a short, two-paragraph news release, International Trade Minister Ed Fast said the deal was now ratified. It will come into force on October 1, 2014, and will be effective for 31 years, until 2045.