Follow the Law: What Does That Mean?

Several days have passed since my blog entry about the Senate proceedings to confirm Mr. Kavenaugh.  He is now Justice Kavenaugh.  The Republicans got their man.  OK.  Well and good.  But, along the way, the nominee vowed to adhere to the law as it was written.  That makes for a big question.  What did Mr. Kavenaugh mean when he said those words?  For that matter, an earlier nominee, Mr. Neil Gorsuch, made the same promise.  What did he mean?

               Did these gentlemen mean to adhere to the literal, explicit words of the Constitution and perhaps the Federalist Papers?  Such would indicate an understanding of the law as it appeared to the Founding Fathers.  If such were the case, is the US Air Force unconstitutional?  No where is the concept of air power mentioned.  The Army and Navy, yes, but the Air Force.  The reason, of course, is simple: airplanes hadn’t been invented.  At best, an experimental hot air balloon was flown in France, but that’s not something that concerned the Founding Fathers.  So, this being the case, should the Air Force be disbanded as something unconstitutional?

               At the opposite extreme, what was the logic of Roe vs. Wade, the famous decision overturning many laws criminalizing abortions?  In this case, the due process clause of 14th Amendment of the Constitution was invoked.  In case my readers don’t have this amendment memorized, the relevant phrase applying here is stated here:  “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”[1]  Specifically, the court opined, ”the right to an abortion as a fundamental right included within the guarantee of personal privacy.”  In a dissent, two justices wrote, “I find nothing in the language or history of the Constitution to support the Court’s judgment. The Court simply fashions and announces a new constitutional right for pregnant women and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes.” [2]

               In both cases, the justices cited the law.  Both sets of justices believed that they had stepped along the same path that Justices Gorsuch and Kavenaugh promised to follow.  This divergence of opinions can clearly leave voter confused as to what “the law” means.  The real answer has long been held by lawyers, “The Constitution means what the Supreme Court says it means.”[3] That is, what is deemed proper during one era may not be deemed so in another.  A classic example of this is issue of segregation.  In it, the “separate but equal” standard that was upheld in the Plessy vs. Ferguson case of 1896 was overturned in 1954 through the Court’s review of the Brown vs. Board of Education of Topeka.

               The spectacle of the Senate’s confirmation hearings indicated strongly that Mr. Kavenaugh was selected less for what his judicial qualifications might be and more for how he will interpret the law…or as has been cited, how he will “follow the law as written.”  Specifically, he is expected to enforce the political views of the Republican Party.  This shouldn’t surprise anyone given the chasm that divides the two parties.  If Mr. Kavenaugh were a Democrat, he would be expected to uphold those ideas in the Court.  Either way, to uphold the law is merely a way of saying that party values will be maintained.

               Fortunately, a strange thing often occurs with justices after they ascend to the court.  When Earl Warren was nominated by President Eisenhower, his background was strongly Republican.  He was a two-term governor of California and Thomas E. Dewey’s vice-presidential partner during the 1948 presidential election.  But, what promised to be a Republican interpreter of the Constitution became a very liberal force in American jurisprudence.  Among the cases his court heard were the above-mentioned Brown case and ending prayer in public schools.[4]

               This article is not meant to laud the decisions of the Warren Court, but rather to laud its independence from the political currents that permeate the legislative and executive branches of our governments as they range from city level to national level.  If the Court were to be merely the mouthpiece of whatever political party that was in power, then what would its purpose be?  None, except that being so would put them in a position of political power that has no review by the public.  Such would invalidate the concept of democracy that means governance by the people.  Rather, it would become governance by a few, which is the basis of authoritarian rule. 

               So, let us hope that Justices Gorsach and Kavenaugh become truly independent adjudicators of the Constitution and not merely party hacks echoing the desires of politicians.  Saying this means that often elected representatives of our government will be frustrated by decisions that counter their fondest dreams, but such was truly the dream of our Founding Fathers.  If they do so, then they will be “upholding the law” as it is written.


[1] “Amendment XIV.”  Cornel Law School; Legal Information Institute..  https://www.law.cornell.edu/constitution/amendmentxiv.  10/8/18.

[2] “Roe vs. Wade.”  Wikipedia.  https://en.wikipedia.org/wiki/Roe_v._Wade.  10/8/18.

[3] The Constitution means what the Supreme Court says it means.”  Harvard Law Reviewhttps://harvardlawreview.org/2016/02/the-constitution-means-what-the-supreme-court-says-it-means/.  10/8/18.

[4] “Warren Court.”  Wikipedia.  https://en.wikipedia.org/wiki/Warren_Court10/8/18.

A Death in the Family

A Death in the Family

               Yesterday, there was a death in the family.  Her name was Piper, and she was 19 years old.  Her coloring was pitch black, and she always moved like a dark zephyr.  She didn’t say much other than to mew a need for her treats of catnip and being caressed. She always joined us for breakfast and insisted on finishing our cereal milk. She loved this attention but was not much interested in anything else other than us. That was it.  Nothing more. 

            In return, she gave unbounded love.  Morning, noon, and night.  She was always there for us.  Whether she got her treats immediately was irrelevant.  They would come; she knew that.  But, now or later, that was not the issue.  She wanted above all to be with us.  Sitting on the sofa while we were watching TV.  Lying in bed between us as we read our books.  She was there.  Even though she was old, she would always follow.  Up the stairs and down the stairs.  She almost wore a track in the rug.  This was true even during her last day on earth when her kidneys were failing and she could neither eat nor drink.  She followed up and down the stairs to wherever we were.

            We knew her time was limited during her last year.  She got thinner and her gait became slower.  Her eyes were dull with cataracts.  But, her love grew stronger by the day.  So, it was with great sorrow that we took her to the animal hospital for the last time.  There she lay cuddled in our lap until her heart stopped beating.  Good-bye friend.  We missed you so much in bed.

            Today, however, a gift was laid on our porch.  A butterfly wing.  Just that.  Nothing else.  But, it was from you.  We know that as we knew the sun rose over a new day without Piper.  But, we know.  Thank you, dear friend.

Pandemic Lessons — or Not?

            Coronavirus curve is gradually being flattened across our nation.  We still have a long way to go before declaring the end of the pandemic, but we’re getting there.  As we approach this ending, now is the time to plan for the future.  People, another pandemic will be coming as assuredly as the sun rises in the East.  So, the question is: what are we going to do now?

            If history is any guide, sadly, the answer is nothing.  When people are dying, money is spent, and resolutions are firm.  But, then afterwards, other matters press to the foreground.  The costs in human lives are forgotten.  Like New Year’s resolutions, they fade. [1]

            But, can we truly become so complacent?  The human and economic costs of the Coronavirus are enormous.  More people will have died in three months than were killed during our latest mid-East war.  The economy went from a solid footing to stepping on a banana peel.  Families have been destroyed such that only extended time can alleviate the pain.  All this being true, here are some ideas to prevent future such prices being paid.

            First, politicians of all stripes need to recognize that errors were made and accept responsibility for them.  To err is natural.  It is not an excuse to play the blame game.  Rather, these mistakes should be cues for what can be learned for next time. 

            A big mistake that national leaders around the world made was not recognizing the potential effects of the Coronavirus.  They first denied its existence and then tried to wish it away.  Only when it became such an obvious threat that it could no longer be ignored did they take action.  Once the problem was faced, then politicians began to act like the leaders voters expected them to be.  Lesson to be learned: when a potential pandemic begins to appear, act now with careful urgency.

            The second mistake was not listening to past prophecies.  Scientists have long been telling us that eventually a pandemic would occur.  And, indeed, they have.  Fortunately, most of them were not as widespread as the Coronavirus.  But, here’s a list.  The Spanish Flu of 1918, SARS, MERS, Ebola, all have marched across the world’s stage of misery.  One leader, President George W. Bush, tried to initiate a preparation movement when he was in office.  Here was his White House statement:

President George W. Bush delivers his remarks regarding his National Strategy for The Pandemic Influenza Preparedness and Response Tuesday, Nov. 1, 2005.

“Today, I am announcing key elements of that strategy. Our strategy is designed to meet three critical goals: First, we must detect outbreaks that occur anywhere in the world; second, we must protect the American people by stockpiling vaccines and antiviral drugs, and improve our ability to rapidly produce new vaccines against a pandemic strain; and, third, we must be ready to respond at the federal, state and local levels in the event that a pandemic reaches our shores,” said President Bush[2]

Unfortunately, his prophetic words were quickly forgotten upon his departure from office.

But we don’t need to repeat this national mistake.  Steps can be taken now.  Some can be simple while others will undoubtedly be difficult.  First the simple ones.

            Regardless of what sort of illness plagues us, some things are needed.  Face masks, protective gowns, elastic gloves and ventilators can be stored at all levels of government at relatively little cost.  Schools, restaurants, hotels can be identified as treatment sites.  Training of front-line personnel ranging from physicians to cashiers can be initiated.  Other actions can be taken, but the point here is made.

            More difficult decisions must definitely be undertaken.  For example, a review of potential viruses can be made and from them, determination of potential risks and mitigation steps can be reviewed for action later.  Keeping businesses afloat is crucial for supporting the economy.  How can goods and services be delivered in a virtual society?  Amazon.com offers ideas with its current deliveries of everything from books to meals.  Hardware stores, pharmacies, and distributed caregiving can follow Amazon’s model.  Schools must be able to teach through distance learning, which will entail new curricula, teaching methods, and contacts with students.

All of these policies will entail a national policy and program that ensures everyone has access to the internet.  Be it through smart phones or laptops, people must have a sustained and reliable means of communication if they are to be isolated successfully during future pandemics.  Industry can provide the capability, but only at a cost that not everyone can afford.  Consequently, our governments at all levels must bridge the gap.  Cost?  Yes, it will cost.  But, rather than regard it as a cost, the dollars spent should be seen as an investment in the sustainment of our society and economy.

Many details could supplement this call for action.  But they are irrelevant at this point.  What is important is a national will to cooperate, plan and act for the common weal.  Debate will arise, but it must be debate for betterment, for ideas of worth.  Political posturing must be laid aside.  The fate of our nation is too important for such silliness.


[1][1][1] Janson, Bart.  “Crisis, then complacency, define past outbreaks.”  USA Today and Public Opinion.  Chambersburg, PA: 4/2/20.

[2] Bush, George W. President.  The White House.  https://georgewbush-whitehouse.archives.gov/infocus/pandemicflu/.  4/14/20.

Let Me See…

            Let me see if I have this straight.  On Tuesday, 12 May 2020, President Trump’s defense lawyer, Jay Sekulow asserted before the Supreme Court that:

“A president is not to be treated as an ordinary citizen. He has responsibilities. He is himself a branch of government. He is the only individual that is a branch of government in our federal system,” Sekulow said, “Our position is that the Constitution itself, both in structure and text, supports the position that the president would be temporarily immune from this activity from a state proceeding while he is the president of the United States.”[1]

In this same defense, President Trump’s defense team had the following dialogue with Chief Justice John Roberts:

Roberts pressed one of Trump’s lawyers, Patrick Strawbridge, on whether lawmakers can ever subpoena a president’s financial records.

“Do you concede any power in the House to subpoena personal papers of the president?” Roberts asked.

Strawbridge said it was “difficult to imagine” when that could be justified.[2]

            These words appear to be very absolute and sweeping in nature.  What do they mean?  So, taking them at face value and extending them to a far point for the purpose of exploring where this legal idea could go if the Supreme Court accepts Mr. Trump’s position, I propose the following scenario.  Mind you, it would apply to any president regardless of party.

            Newsflash:  President Trump has invited the following news networks to witness an important point in Constitutional law:  CBS, NBC, ABC, Fox, CNN and MSNBC.  They have already met him in the Rose Garden of the Whitehouse and his announcement will take place. 

            “Ladies and Gentlemen of the news corps and all the citizens of the United States, I am bringing my son, Barron, out now to kneel on this low pedestal.  Barron, will you do so, please.”

            “Yes sir.”

            “Thank you.  Now, what do I have in my hand?”

            “A pistol.”

            “Yes, that’s right, and what am I going to do with it?”

            “Shoot me.”

            “You’re absolutely right.  You will be my supreme vindication of how I, as president of the United States, can do absolutely anything under the principles of the Constitution and the recent ruling of the Supreme Court.  To wit: as president, any incumbent is above the law that governs the lives of every other citizen in this nation.  In essence, I have joined the ranks of Louis XIV, Herr Hitler, Comrade Joseph Stalin and Comrade Kim Jung Un.”

            “Please do so, father.”

            “I am doing so now.”

            BANG!

            “Ladies and gentlemen, the president’s son is now lying on his pedestal in a pool of his own blood that is still steaming with the life that was within him just seconds ago.  The president is now returning to the Oval Office.”

            So, as I understand it, this action would not be a valid action for impeachment or trial of any sort.  Nor would any other action that an incumbent president would ever take in the future. 

Yep, I have it right.

            Is everyone happy?


[1] Salon: News and Politicshttps://www.salon.com/2020/05/12/lawyers-claim-total-immunity-in-effort-to-keep-trumps-taxes-hidden-he-is-not-an-ordinary-citizen/.  5/15/20

[2] Hurley, Lawrence; Chung, Andrew.  “US Supreme Court Wary of Presidential ‘Harassment’ in Trump Finances Fight.”  Reuters.  https://www.reuters.com/article/us-usa-court-trump-finances/trump-lawyers-grilled-at-u-s-supreme-court-over-keeping-his-finances-secret-idUSKBN22O1F0.  5/15/20

A Second Letter

Again, it’s time to write to our congressional leaders. Sadly, I didn’t get a reply from my first letter that was sent on Veteran’s Day. But, I did get numerous responses from you, my readers, and I thank you for your support.

But, now, here is my second letter. It continues with my original theme of Congress asserting itself as the writer of our federal laws and policies. It does so by showing what the consequences of its failure to exert its Constitutional authorities: Congress becoming increasingly irrelevant and a drift towards an imperial presidency. Unless we want to become another in a long, stale line of autocratic dictatorships, this dangerous trend must be stopped now while there is still time to do so. Thus, I am urging all of my readers to send a copy of this letter to Speaker Pelosi.

P.O. Box 171

Ft. Loudon, PA 17224-0171

July 10, 2019

Dear Madam Speaker,

This is my second letter about what should be done within the legislative branch of the US Government.  Essentially, after further consideration of my original thoughts, I believe that while you’re engaged in a rightful battle with the President, your real battle is directly within the House of Representatives and Senate.  President Trump will eventually leave, but his influence will linger.  That is, he has been expanding the precedents set by his predecessors and thereby making the legislative branch increasingly irrelevant.  Let me give you a few examples.

President George W. Bush unilaterally changed a long established policy of withholding nuclear actions until we are directly attacked with such weapons.  Now, presidents can operate under a pre-emptory policy.  That is, attack without direct provocation.  Why didn’t the Congress not demand a review of this change considering that the lives of tens of millions are at stake?

Our nuclear deal with Iran was negotiated as a treaty.  Yet, President Obama declined to submit it to the Senate for fear that it would be disapproved.  So, he enforced it as an executive order, which his successor has since repudiated.  This certainly doesn’t enhance our reputation as a reliable world leader.  Why didn’t the Senate demand a review decision as is its right under the Constitution?

Two of President Trump’s cabinet members are “acting secretaries.”  The Constitution does allow for temporary appointments during Congressional recesses, but now, the entire process is being entirely bypassed.  The Senate’s lawful role of giving consent to appointments is being entirely negated.

The House has subpoenaed several of President Trump’s staff members, and he has been “thumbing his nose” at those orders.  I know this issue is going through the courts, but his impunity is astounding.  The House is being rendered irrelevant, and the American public is being kept in the dark on important issues…

These examples being the case, it becomes critically important that you and Senator McConnell lay your respective differences aside enough to create a united front against an imperial presidency and reassert Congress’s role as the law and policy maker of the United States.  Your two offices must demand that the rule of Constitutional law be upheld by any and all occupants of the president’s office.  Without this united front, I am deeply afraid of an imperial rule that puts ancient Rome to shame.  When that happens, the liberties Americans cherish will fade away leaving us no different than the Chinese government.  Do we want the  DC Mall to be our Tiananmen Square?

Please don’t misunderstand me.  Democrats and Republicans can and should have disagreements.  That is the competitive nature of our government.  Good ideas arise from the heat of conflict. But, above such disputes should be recognition by all concerned that the legislative branch is the voice of the people where their concerns are debated.  Then, once resolved, the President can go about enforcing the laws and policies given to that office.

I look forward to hearing a reply from you.

Sincerely,

Dr. Lloyd H. Muller, Col, USAF (Ret)

Letter to Congress

Dear Readers,

Enough is enough.  The stalemate we have seen in Congress has lasted long enough.  This lack of direction has contributed to the violent polarization of our nation.  People are no longer thinking of this great nation as a whole, but their own little worlds.  It’s time that Congress start doing their job of governing.

I have sent the following letter to the five senior leaders of Congress.  They are listed here:

Officers of the US House of Representatives

Speaker of the House:  Rep. Paul D. Ryan – Represents the entire House

H-232 The Capitol
Washington D.C. 20515
P: (202) 225-0600
F: (202) 225-5117

Majority Leader:  Rep Kevin McCarthy – Represents the Republican Party

H-107, THE CAPITOL
WASHINGTON, D.C. 20515
202-225-4000

Democratic Leader: Rep Nancy Pelosi – Represents the Democratic Party

H-204, US Capitol
Washington, DC 20515
(202) 225-0100

Officers of the US Senate

Majority leader – Sen. Mitch McConnell

(202) 224-2541

Contact: www.mcconnell.senate.gov/public/index.cfm?p=contact

Minority Leader – Sen. Charles E. Schumer

322 Hart Senate Office Building Washington DC 20510

(202) 224-6542

Contact: www.schumer.senate.gov/contact/email-chuck

Now the letter itself.  If every person reading this letter would send a copy of it to the Congressional Leadership, then perhaps they will actually become leaders and help heal this great nation.

Dear _________

I am writing this letter on Veterans Day as I think the democratic values of veterans answering the call of duty through the years should be reflected in our legislature.  Copies of this letter have been sent to the leading officers of both the House and the Senate for united consideration and action.

At this point, our nation is sorely divided, and this fracture is being reflected in our two houses of Congress.  As a result, I believe that a stalemate in deciding national policy has resulted, leaving the political processes in a vacuum.  This means that the Presidents of both parties are filling this void through executive decrees.  That is, they have gone from enabling the policies of Congress to creating policies by themselves.  Examples abound, and need not be repeated here.  But, if left unchecked, a well-worn path dating back to the Roman Senate and culminating in the horrors of the 1930’s dictators will be followed.

If this sad trend is to be reversed, then the primary job of the upcoming Congress is to restore its position as primary policy maker as was envisioned by our Founding Fathers writing the Federalist Papers.  To succeed in this endeavor, the senior officers of both houses must unite into a solid band of leadership that forces all others to use the conflict of their differences effectively and create laws that govern for the commonweal.  Parochial differences can and should be represented and debated, but the job of each member of Congress is to govern for the common good through the process of negotiation and compromise.  Such is the process of our republican form of government.  Thus, if a decision appears to fall along party lines, then you must demand the return of such legislation for further deliberation until a common cross-party support is achieved.

If these laws of Congress are vetoed by the President in order to retain his newly gained powers, then the authority of the legislative branch must be sustained by override votes.  Congress makes policy; the President executes it.  Thus, laws passed as described above can reflect the common consent of all congressional members well enough that override votes can be attained and the primacy of Congress is sustained.  As things now stand, this is not happening, and we are teetering on the precipice of despotism.

I recognize that dangers lie in your political paths if you follow this advice.  You may lose your careers in the face of angry voter factions and monied lobbies.  But, from my perspective as a 30-year veteran, you have no choice.  You must do what is right and avoid the expedient course.  My fallen comrades who are being honored this day lived up to their motto of Duty, Honor and Country.  When they died, they forsook their lives, their families, their fortunes for this great nation.  Only honor remains in nameless graves.  To preserve the unique liberties of this nation, can you do any less?

I pray to God that you see your way to the leadership this nation so badly needs.

Sincerely,

Lloyd H. Muller, Col, USAF (Ret)

And The Drum Beats On

And the drum beats on.  I have been writing about the need for the nation and our people of all  persuasions to come together.  But, now, it’s crazy.  Bombs are being sent everywhere and Jews are being massacred.  This is just in one week!  What is going on?  People are asking this question everywhere; but, they are not getting the answers they want.  Why not?  Because they only want their answers with no regard to those of others.

My hometown newspaper, the Public Opinion, ran an article with some interesting insights.  One person who was interviewed remarked, “It’s like our country is becoming ‘The Hunger Games.’”  The article then goes on to record how people are so weary of the hatred that permeates our society and  wonder what will be needed to change it.  As one person noted, “If this isn’t it [shootings], I’d hate to think about what it will take.”

Folks, I don’t like to say this, but I don’t think we’re yet ready for this needed change.  As the Opinion article said after the requisite remorseful statements were uttered about the shame of this political violence, “politicians and talking heads had already backed into the usual corners.”  Meanwhile, the  President called for unity while describing the “liberals and press as villains.”[1]  The listening public is showing its stripes as well.  Casual comments by individuals heard on TV clearly indicate that they are only listening to their talking heads without listening to the same blame sharing by the other talking heads.  The names are changed, but the message is the same: it’s the other guy’s fault.

People, it’s our fault.  Mr. President, it’s time for you to be a statesman.  It’s time for you to lead the nation.  You can do this by recognizing how there is enough blame for everyone, including yourself.  You must declare how the time has passed where we demand the other fellow solve our problems. Now, it’s time for each of us to ask, “What can I do?”  It’s time to reach out and listen to the other guy.  What’s that person saying?  You don’t have to agree, but you do have to listen.  Then repeat back what was said to ensure comprehension.  Back and forth; back and forth.  It will be a slow process and probably a really ugly one for a long time until the vitriol is gone.

Then, comes the humble pie.  When both sides understand each other, a serious effort must be made to consider salient points with care.  Humility will require acceptance of good ideas that come from either side where common ground can be achieved.  From this dialogue some harmony can be achieved between warring parties.

At this point, such harmony seems to be a long way off.  I once read that negotiations (which is what I’m talking about) will only start when people decide that conflict is no longer productive.  Judging from what is being said and done, Americans aren’t there yet.  I only hope that we pull back from acts of violence before it erupts into full scale war.  Remember, that happened once before: it was called the Civil War.  Do we need to repeat this lunacy before we harken to the words of Abraham Lincoln when he said, “Of the people, for the people, and by the people?”

I am not totally without hope.  The shooter at the Tree of Life synagogue, Mr. Robert Bowers, was wounded.  Ironically, after spouting hatred of all Jews, he was attended by a Jewish medical team.  Such is the core of their faith: life above all.  They practiced it in the face of utter horror.  Can we do no less among people whose stated views are different from ours?  I hope…

 

 

[1] Galofaro, Claire; Beck, Margery A.  “Fed-up Americans Crave Unity.”  Public Opinion.  Chambersburg, PA.  October 29, 2018.

A Disarmed Police Officer?

On Friday, 5 October, 2018, Chicago police officer, Jason Van Dyke, was found guilty of second degree murder in his 2014 shooting of 17 year old Laquan McDonald.  The decision probably prevented a major riot.  Instead, there was joy among the black community.  For the first time in a long time, they felt that justice was served.

The black community has long been serving notice through protests and riots that they do not trust the police forces serving their cities.  Whenever there’s shooting, the black community’s response is predictable: the violence was unneeded at best and was another example of racial prejudice at worst.  Tamir Rice of Cleveland, Ohio; George V. King of Baltimore, Maryland; and Michael Brown of Ferguson, Missouri are only three names that have generated the animosity Blacks have for their police forces.  Such does not indicate a belief in the motto of all police forces: to serve and to protect.

Since shooting violence is the common thread of these attitudes, a question arises: should police officers be armed?  The ready objection is that police officers need weapons to enforce the law.   Without access to deadly force, it is assumed that communities will descend into lawless violence and chaos.  Is that really true?  Perhaps a look at the history of the famed London Bobbies might offer light on this question.

Prior to the 1820’s, English cities were patrolled by local constables who were responsible to their local governments.  Sir Robert Peel, Home Secretary, thought a better way was possible for preserving the peace and ensuring freedom from violence.  His solution was the creation of a well-trained 1,000-man force that would protect London.  Specifically, they were to detect and prevent crimes.  Along the way, they were also used to detect fires and light gas lights.    They were directed by a two-man commission.  Note, none of these peace officers was armed with a firearm.  These men were armed with truncheons, handcuffs and whistles.  This tradition has endured to this day.[1]

The problem with carrying a firearm is that eventually, one might feel compelled to use it.  I learned this lesson from my son-in-law who is a lifelong resident of Naples, Italy where violence is a common element of life.  When I asked him why he didn’t carry a weapon, his answer was that he would one day be obliged to use it.  So, to avoid that situation, he remains unarmed.

For the sake of argument, let us assume that every officer who has shot someone did so in good faith.  That is, he or she believed that human life was in danger and no alternative existed but to use deadly force.  Choices must be made in a fraction of second, and despite long training about this situation, the consequences of these decisions are forever.  Furthermore, perceptions after the fact lead to second-guessing and mistrust.  All this is under the best of circumstances.  Given the history of Jim Crow law that has typified our nation for the past century, Black suspicion about the motives of police officers runs strong.  Riots occur even in the aftermath of all shooting events.

Therefore, following the advice of my son-in-law, it seems evident that a fundamental change in the policies of our city fathers is needed.  If armed force leads to riots, then why not eliminate the cause  of riots?  Why not disarm city police forces and follow the example of London Bobbies?  To carry this idea out further, access to firearms by police forces would only be permitted after a judicial review.  Furthermore, if non-violent wiretapping requires a warrant as a means of preserving liberty, why shouldn’t access to deadly force require a warrant as a means of preserving liberty?  Being dead certainly obviates any possibility of liberty.

Clearly, there would be those who will decry these ideas.  They foresee chaos and violence running rampant in their communities.  Actually, that’s always a possibility.  But, whose communities?  If one is worried about violence in affluent suburbs, that doesn’t seem likely.  Violence and riots are not being recorded there.  Rather, the riots are occurring in the inner cities and only after police actions.  Therefore, if the police cannot kill people, then any issues of any violence that occurs after police are disarmed become highlighted as to their real origins.  Police officers could not be seen as perpetrators of violence, but hopefully as facilitators of community efforts to prevent and detect crime.

The choice of my words, prevent and detect, was deliberate.  In fact, prevention cannot be done by police forces.  Criminal actions are done by perpetrators who think they can evade retribution.  Law enforcement agents, even the best of them, can only detect crimes after the fact  and prosecute them.  This means that communities wanting peaceful streets must accept a certain amount of responsibility for them.  They know who lives in them, and presumably would have more direct influence over individual residents.  This effect could be amplified by a daily contact with unarmed policemen who patrol their beats on foot.  This interaction could possibly lead to a feeling of mutual partnership that is aimed at reducing violence.  If so, then the possibility of civic intervention might exist to deter any specific act of violence. In sum, armed police forces don’t seem able to curb gun-related gun violence.  Perhaps increased civil-police cooperation might help.

This possibility in not impossible.  When I lived in Europe, police forces in some nations knew their neighborhoods so well that if a youngster was late in coming home, the parents were given a visit by a neighborhood officer wanting to know if all was well.  Consequently, families felt secure in the midst of their neighborhoods.  So, what the heck?  Why not try for it here in America by using the English Bobbies as a model?

 

 

 

,

[1] Bauer, Patricia.  “Bobby, British Police Officer.”  Encyclopedia Britannica.  https://www.britannica.com/topic/bobby.  10/6/18.

Political Theater

Well, recently we have been seeing a marvelous display of political theater.  If I were a Broadway reviewer, I would have given it two thumbs up.  It had everything one could want:  a distraught woman, an angry man, posturing choruses of senators.  The interactions among them were marvelous…and like a Greek tragedy, predictable.  One knows the end of the play even at its beginning.

The tragedy of this play is that it was gathered to ferret out the truth about a judge who is being vetted for a lifetime position on the nation’s supreme court.  The standards for this position should be of the highest nature, and the reviewing senators should be striving to confirm this standard.  This was clearly lost in the proceedings that we saw.

The Republicans were interested in getting Mr. Kavenaugh onto the Supreme Court in anticipation of his conservative views overturning the progressive decisions rendered in years past.  The Democrats were interested in blocking this appointment.  Thus, lacking the votes needed to thwart Republican desires, the Democratic minority created the spectacle seen yesterday in hopes of defeating the nomination through the political pressure of public revulsion to violence to a female.

Whether the accusations were true will never be known.  Violence to females is almost always done in seclusion, which leads to a “he said, she said” situation.  Corroborating evidence is scarce at best.  But, in this theater, the truth of the allegations was not the issue.  Illusions were the thing.  Would the illusion be enough to derail Mr. Kavenaugh’s nomination?  Such is the stuff of theater.

What’s tragic is how the lives of two people will be forever smeared by this tableau.  Dr. Ford wanted to perform a public duty as she perceived it.  She also wanted it to be private.  Mr. Kavenaugh wanted to be affirmed to his post cleanly.  Neither got what they wanted.  Dr. Ford was brought before the public without the resolution she wanted.  Mr. Kavenaugh will be joining a colleague, Justice Thomas, for a lifetime of whispers.  Both people were put through a horrible trial for political ends that had nothing to do with them.

Now for a dramatic postscript.  If the situation were reversed and Mr. Kavenaugh were a Democratic nominee, the play would be unchanged.  Rages of umbrage, tearful condolences and peans of heroism would be heard. Hypocrisy would be dripping from the walls.  Americans deserve better.  A pox on all of the actors save the tragic protagonists.

 

 

 

As Time Passes…For Better or Worse

It’s been a while since I reviewed my novels, but of them, Section 5 is the one my readers have liked the least.  Rodney Macefield is a character who is universally hated.  Reviews about him and his story say, “It’s so black.”  Well, people, if I were to write his story today, I’d make it even blacker.  Sorry about that, and here’s why.

Rodney is an extreme example of the conservative movement.  But, he is also a caricature of any extremist.  I could have written Section 5 with an ultra-liberal character.  In either case, the result would have been the same.  When someone or party can take absolute control of a nation and governs from a single point of view, the results are the same.  There is totalitarianism accompanied by terror.  Pure and simple.

My critics agree with that proposition, but also add, “It can’t happen here.”  Say that to the millions of Jews, Russian peasants and Chinese who died in the World War II era.  Ask what has happened to millions of people since then.  Argentines have disappeared.  Africans have been butchered.  Muslims massacred.  The list goes on, and most of these people would have said, “It can’t happen here.”  But, it can as I outline in the novel.

Section 5 relates how our nation has become so divided that politics is less about governance for the common weal and more about attaining power.  The Right thinks that Lefties are effete eggheads intent on overturning our American way of life.  The Left sees their opponents as knuckle-dragging cave-men.  More importantly, note my use of labels.  These are the shortcut terms that are used in place of ideas that should be reviewed. People and ideas become objects of derision.  By contrast, President Regan and Speaker Tip O’Neill saw each other as colleagues.  They differed greatly on their ideals, but they could talk civilly to one another and develop solutions to problems.

Such is not the case today.  The newspapers are full of articles about intransigence, which is a fancy word for bullheadedness.  My local newspaper today, 8 August 2018, has two articles about Russian meddling in our elections.  The first one analyzed the facts concerning the meeting of the President’s son and son-in-law with a Russian attorney.  The second one talked of Trump voters ready to discount any findings by Special Counsel Mueller.  One said, “People are surprised they [Russians] meddled; I’d be more surprised if they didn’t.”

To balance the scales, Hilary Clinton’s scandal about her careless handling of sensitive e-mail on her personal server has occupied many front pages of the news.  The latest is an article posted yesterday in the Canada Free Press.  In it, the Press reported five new classified messages have been found.  Like Trump promoters, efforts are made to minimize the effects of her problem.  One report said, “ Clinton committed no crime because she didn’t “knowingly” share classified materials.”   Frankly, that’s hard to believe given Ms. Clinton’s many years in public service.

After reviewing these scandals and others that are being paraded across the front pages, I have a novel idea.  How about public support demanding thorough investigations without political hype?  Then, only facts will be used to determine whether wrongdoing was done and if so, let justice prevail.  Will this possibly ruin careers?  Will it hurt political movements?  Will it be painful for citizens to read about their elected leaders’ wrongdoings?  Yes, to all these questions.  But what is better?  Political chicanery that breeds cynicism and a loss of faith in the founding principles of our nation, or ruination and pain accompanying a return to justice being meted out under the scales of law?

Frankly, I’m actually hesitant to ask this question for fear that corruption has become too thoroughly soaked into the fabric of our American culture.  What say ye, my readers?