What Do Republicans Want? (Why Donald Trump Is Popular, Part II)
August 19th, 2015 // 2:10 pm @ Oliver DeMille
The Three Republican Parties
There are now three Republican parties. One is the Republican Establishment, a group that basically stands for maintaining the status quo (with one change: a Republican White House). This is the party of Nixon, Ford, Bush I, Dole, Bush II, Romney, Chris Christie, and Bush III.
This group can best be described as fiscally conservative, internationally aggressive, moderate about immigration, supportive of Common Core and other centralized plans for education, and socially moderate. It is also a group that will increase spending and the size of the federal government.
A second group in the GOP is made up of Deep Conservatives: fiscally frugal on the surface, focused on limited government, aggressive on conservative social issues, strongly supportive of Israel, against Washington-run education plans, and hawkish on national security and immigration. This is the party of Mike Huckabee, Marco Rubio, Scott Walker, Rick Perry, and Bobby Jindal.
It is the Eisenhower/Reagan wing of the party. If the historical pattern holds, this group will unwittingly increase the cost and size of government, though it will likely shift spending a bit from liberal programs to more conservative priorities. It tends to talk a lot about fiscal responsibility, but when in office it just can’t seem to reverse federal spending—it always increases the debt. People in this group are often referred to as “the Republican base.”
The third segment of Republicans could be called the “Coalition of Change”. Members of this group are deeply frustrated with the status quo, with Washington’s refusal to do what the voters want, and with the fact that government grows and grows under both parties—Republicans just as much as Democrats. They dislike Common Core, No Child Left Behind, and the Department of Education, and are split on immigration and international interventionism.
This group includes the Tea Parties, a lot of other people who feel that Republicans have repeatedly promised to repeal Obamacare and reduce the national debt but never actually do it, and also a lot of non-Republicans who don’t like the GOP brand very much and prefer to be independents (but typically vote for the Republican presidential nominee rather than the Democratic candidate).
Numerically, the third group has the most voters—and the most passionate voters of the bunch. This advantage is based largely on the enthusiasm of Tea Partiers and also the large number of independents who vote Republican during presidential elections.
But this third segment of the GOP isn’t big enough to determine the election all on its own. All three groups will be needed for any candidate to win the White House.
The bigger story is that an interesting trend is now part of the Republican landscape: over the past two decades, this third group is growing. Between 1952 and 2004, GOP primaries were a battle between groups 1 and 2 (the Republican establishment versus social conservatives); but in 2008 the third group had significant influence. Its power grew in 2010, 2012, and 2014, and it is now largely driving the Republican primaries in 2015.
What this third group will accomplish in 2016 remains to be seen. But few people are clear about what, exactly, these “different kind of Republicans” actually want. What do they really stand for? Most Americans, even most Republicans, aren’t sure.
What Group 3 Really Wants
There are two things to consider here. First, in what ways are this third group of voters like the other two major segments of the Republican Party, and second, how are they different?
All three groups agree on the following: fiscal conservatism and strong national defense. Only group 1 is generally happy with the status quo, as long as Obama can be replaced by a Republican. Only group 2 cares deeply about social issues as a central part of the presidential race, and only group 3 fully intends to cut entitlements and drastically reduce government spending. These are the major policy differences.
But the real divide between group 3 and the others is found on matters of tone and scale. This third, largest, group that votes Republican wants the following:
- To actually, significantly, reduce the national debt and see the debt clock going backwards. Not just more fiscal responsibility, but a literal and lasting reversal of the debt.
- For the number of federal departments, programs, and employees to decrease. A lot. But even a little change would be a good start.
- For states to stop giving more and more power to Washington, and for the federal government, in fact, to send a number of powers back to the states. Not in a merely symbolic way, but in tangible, practical, realities.
- To reduce the amount of job-killing, business dis-incentivizing regulations from Washington and state governments, in order to attract more investment into the U.S. economy, spur the entrepreneurial sector and catalyze a new era of American small business innovation, and boost sustained economic growth and better jobs for American workers. This includes actually repealing and replacing Obamacare. Nothing less than real results will do.
- To change the regulatory mess that has put U.S. businesses on unfair footing with their international competitors. And to put America back in its superpower role by drastically improving our economy—as a direct competitive victory against China, Russia, Saudi Arabia, Brazil, Mexico, Iran, ISIS, and the European Union.
- Real change, something genuinely different in Washington–not just more growth of government and debt that has occurred for nearly thirty years under both Democratic and Republican administrations.
This can all be summed up in the phrase: “Make America Great Again.” (This phrase isn’t original to Donald Trump, but he saw its popularity and adopted it. Many in group 3, and a lot in group 2, appreciate this and agree with him.)
Members of group 3 want these things for real—not just as campaign promises that are forgotten after election day. They are tired of empty promises. They want action, and they want results.
Moreover, they are increasingly convinced that the typical brand of Republican candidates will never get us there. They want something different, led by someone different than the historical mass of normal politicians, and they want it now.
The Two Wings of Group 3: Thinkers vs. Fighters
At an even deeper level, Republican group 3 voters—and quite a few in group 2—are divided into two main camps: those who want an anti-big-government Fighter to lead the change, and those who believe a truly conservative Thinker will be more likely to actually bring genuine change.
The “Thinker” wing of group 3 tends to support the following candidates:
Ben Carson. If Trump weren’t in the race, it is likely that Carson would perform much higher in the polls. Or, possibly, he is benefiting from the growing sense that an outsider might actually have a chance. Many Trump supporters cite Carson as their second choice. His non-political background and soft-spoken, articulate defense of freedom and common sense principles are alluring to many group 3 voters. He also has significant group 2 support. He is definitely not a status-quo candidate. Carson would certainly be a different kind of president, a plus for those in group 3.
John Kasich. The Ohio governor is painted as a group 1 Establishment Republican by the media (based on his resume in Washington and Columbus), but he touts himself as a strong “Federalist” whose main focus is reducing the power of Washington and sending health care, education, law enforcement, tax funds, and other issues back to the states—getting the federal government out of our lives. Whether this can catch on in an electorate conditioned to think about everything in national terms remains to be seen, but if any Americans can get behind this “Federalist” change it is group 3 voters. Kasich is also seen as a fighter as well as a thinker, and an optimistic fighter to boot. He could be a formidable general election candidate, and could appeal to some voters in all 3 groups. He is also a proven budget balancer at both state and federal levels. But many in group 3 worry that he is too much like other group 1 candidates, too much the normal politician, and they worry that his conservative talk will turn to Bush-like establishment governance once in office. For this reason, he probably won’t get a lot of group 3 votes.
Rand Paul. In the tradition of his father, Ron Paul, the medical doctor and more recently Kentucky Senator cites the Constitution on numerous issues and appeals to those who care deeply about the future of freedom. On the “Thinking” basis, he is in the top tier of freedom supporters, right along with Ben Carson. On the other hand, Paul’s emphasis on national defense over global interventions weakens him with groups 1 and 2, and many in group 3. His words are often more popular to group 3 voters than his persona—many wish he were more effective as a fighter. Others think his Constitutional approach is exactly right. Paul has also worked hard to appeal to a number of voters outside the traditional Republican tent in a general election.
As for the “Fighter” wing of group 3, the most popular candidates are:
Donald Trump. His talking points and stump speech are a point-for-point summary of what many in group 3 want. And he’s been saying the same kind of things for thirty years. In addition, his intensity, unscripted candor and clear passion for American exceptionalism and America’s future are exciting to many group 3 voters—and some in group 2. The big challenges for Trump are that (1) many voters are put off by his brash approach (though this is exactly what many of his supporters like), and (2) he’ll probably get very few, if any, group 1 votes during the primaries. His success or failure in the Republican primaries will likely depend on how many group 2 and group 3 voters he can sway to his side. Major threats in international affairs could also increase his popularity among such voters.
Carly Fiorina. She has struggled to get her message across and gain wide name recognition, but like Carson and Trump she is a non-politician who focuses on real change in Washington. Fiorina is also popular among conservative policy wonks and some policy-oriented major donors. She is gaining a reputation for being succinct, articulate, and master of the issues.
Ted Cruz. The Texas Senator was the pre-Trump “extreme” candidate, but with the intensity of Trump’s run Cruz is now considered more mainstream by the media and many in group 2. Trump’s involvement could be a real benefit to him. If Trump drops out (doubtful), Cruz could become a favorite of many group 3 voters—and he’ll be more appealing to some in group 2 than Trump. (Neither is likely to appeal to group 1.) He is outspoken, reveres the Constitution, and in many ways is both a “Fighter” and a “Thinker.” Like Trump, he sometimes comes on very strong and makes enemies at the same rate that he attracts support. Whatever happens in this election, Cruz is likely to be a rising star in group 3.
Can a Candidate Gain Support From All 3 Groups?
There may also be some crossover candidates, those who appeal to group 3 and also to one of the other main segments of the GOP. But first, let’s make it clear that Jeb Bush will never appeal to group 3, simply because he’s not seen as a “Fighter” or a “Thinker.” He’s establishment all the way. Many voters in group 3 would vote for him if it came down to Bush vs. a Democrat, but many others would vote Democrat or even “write in” someone else.
If given a serious third party option versus Bush, many in group 3 would vote for, say, an independent Trump bid for office, even though they know that the “Ross Perot effect” would sweep a Democrat to victory. Still, in their mind, “This might teach Republicans a lesson, and Bush isn’t much better than the Democratic nominee anyway. In fact, he may be worse than a Democrat because with a Bush-style Republican in office we’ll have little support for real change in the midterm Congressional elections.” Few in group 3 believe that Bush would seriously repeal Obamacare or reverse the national debt.
Chris Christie scores strong on “Fight,” but group 3 sees him as just another establishment candidate. He’ll get very little support from group 3.
Group 1 or 2 candidates who could get some crossover support from group 3 voters include Mike Huckabee and, perhaps, Scott Walker, who are seen as “Fighters.” Another candidate who might be able to garner some group 3 support as a “Thinker” is Marco Rubio. Rubio has two other things going for him from a group 3 viewpoint: 1) the fact that he’ll likely appeal to a lot of young voters (who have supported Democrats in recent elections) and 2) his strength with Latino voters (who will likely determine who wins the general election in the tightly-contested swing states).
Group 3 would discount these things if Rubio were more of an Establishment Republican, but his Tea Party roots give him some street cred and he would likely receive strong group 3 support in a general election. Indeed, the Clinton and other Democratic campaigns have expressed a real concern about running against Rubio as the Republican nominee. But in the primaries, Rubio sometimes comes across too “establishment” to many in group 3.
How the 3 Groups See Each Other
To summarize:
Group 1: Establishment Republicans want to win the White House, rebuild and maintain America’s military and spread U.S. power and presence in the world, promote centralized controls over education, and increase the fiscal responsibility of the federal government. They are moderately concerned about the border.
Group 2: Deep Conservatives want to re-strengthen the military, and tackle budgets and debt. They also promote significant conservative social changes in the nation (desiring to alter regulations concerning abortion, gay marriage, anti-religious policies, etc.). They are against Common Core, and want to effectively secure the border with Mexico. Most of them are more interested in national defense and support of our allies (especially Israel and Britain) than in aggressive international military outreach.
Group 3: Republicans who want major change, Tea Parties, and Right-leaning independents who desire real change in America. They want to actually cut government departments, spending, and programs in significant ways, stop Common Core and secure the Southern border, reverse the national debt clock, and catalyze a major boost to the economy by changing anti-growth regulations and encouraging more entrepreneurship and investment. They want to make America great again.
Group 1 tends to see group 2 as too idealistic and too distracted by social issues, and group 3 as too extreme in both policy and tone.
Group 2 tends to see group 1 as too focused on winning (victory above principles), and group 3 as too revolutionary (not realistic about what can get done). Group 2 also considers both other groups too lukewarm on important social issues.
Group 3 tends to see the other two groups as “politicians,” “the status quo,” “more business as usual,” “more talk than action,” and “never going to actually change things.” Group 3 voters are tired of Republican campaign promises that don’t bring any real change after the election. Many of them consider group 1 voters to be closer to Democrats than to themselves.
In short, group 3 voters (and an increasing number of voters in group 2) are only going to support a candidate who is actually different from the norm. (Thus the strong support for Fiorina, Carson, Trump, etc.) The media, on the other hand, tends to think that only candidates with traditional government resumes should be considered for the presidency. This view is shared by most professional politicos, and by many centrist voters in both parties.
The Coming Future
It is these two views that are on a history-making collision course with each other:
(1) “A Republican in the White House”
versus
(2) “Make America Great Again”
For group 3 voters, this means Typical Politicians vs. Anti-Politician candidates. Group 3 wants a true, authentic change in what kind of person leads this nation. They don’t care all that much about what policies the candidates say they support, because they’ve heard good policies from candidates before—and then watched the same candidates change their views once elected. Instead, they want a different kind of person in office. This includes the non-politicians and also, depending on who you talk to in group 3, anti-Washington candidates like Cruz, Rubio, Huckabee, and possibly Walker or Kasich.
This is very difficult for the media or mainstream to grasp, but it is real. And support for this change is growing.
Whether this gets worked out in 2016 will depend on how much traction Donald Trump, Ben Carson, Carly Fiorina, Mike Huckabee, or structural reformers like Rand Paul, John Kasich, or Ted Cruz can get—and maintain. Together these candidates are receiving well over half of Republican support in the polls, and Trump himself gets the highest numbers. In contrast, Bush and Christie combine for less than 10% in many polls.
Here’s the main point, and anyone who is interested in America’s future would do well to consider it carefully: If we don’t elect someone very different, a non-politician or at least a very different kind of politician, the growing sense of frustration with our government will only deepen and spread.
This is real, and it is a major cultural phenomenon. In fact, it is as powerful on the Left as on the Right (e.g. Bernie Sanders, the Occupy Movement, the passion for words like “Hope and Change,” etc.). At some point, if not in 2016 then in the years ahead, this drive for a real change in Washington is going to gain enough momentum to fundamentally alter our government. It has already won major victories in 2006 and 2008 (by Democrats), and in 2010 and 2014 (by Republicans). If current growth continues, it will eventually dominate one of the parties, or create a bigger third party that ends the reign of either Democrats or the GOP.
If this passion ever builds enough support to take the White House along with Congress, it will mark a new era in America. The key words of this movement are quintessentially American: innovative, pioneering, entrepreneurial, fighter, free-enterprising, tough, exceptional, great, strong, chutzpah,…and free.
(Click here to see Part I of this report)
Category : Blog &Citizenship &Constitution &Culture &Current Events &Economics &Generations &Government &Independents &Leadership &Liberty &Politics
Why is Donald Trump Popular?
August 5th, 2015 // 3:52 pm @ Oliver DeMille
by Oliver DeMille
The Factor
First of all, dig into the polls and it’s clear that a lot of the media reports about Trump are inaccurate. Specifically, he has significant support across the socio-economic spectrum, not just among white, low-income males. Second, the reports that a number of those polled say they’ll never vote for him aren’t as strong as first supposed, because this number is falling over time. And the people who initially called him a clown aren’t laughing anymore.
Still, most people in the media and the nation don’t believe he’ll be the next president. To be fair, this number is decreasing as well.
But whatever you think about Donald Trump, however much you like or dislike him as our potential president, it’s worth thinking about why he is striking a chord among a number of Republicans and Right-leaning independents.
The media says he is popular because many voters are angry at Washington, that they like his straight talk, that they are tired of politicians, that he attacks the political class that so many people now dislike. All of these observations are true, but they don’t quite get to the heart of the matter. They are all symptoms, not the root cause.
Yes, Trump is popular because he doesn’t sound like Washington politicians, because he criticizes Washington, because he talks about American greatness, because he warns of foreign enemies, and because he talks loudly about issues Washington hasn’t fixed. But there’s more to it.
Cause and Effect
There’s a prior reality that has Republicans and many independents upset, and the only way to understand the support for Trump is to clearly understand this prior concern. Perhaps it is summed up best by two former enemies of the United States:
“The United States brags about its political system,
but the President says one thing during the election, something
else when he takes office, something else at midterm
and something else when he leaves.”
—Deng Xiaoping
“People never lie so much as after a hunt, during a war
or before an election.”
—Bismarck
Many on the Right now support Trump precisely because they are angry at two groups of people:
- Recent Republican presidential candidates who promised to change things but failed to make it stick, particularly John McCain and Mitt Romney—and any who talk like or even seem to be following the same path, such as Jeb Bush, Chris Christie, Scott Walker, etc.
- Republican members of Congress who promised to change things but failed to do so.
Many such voters are fond of Trump because they are very upset with Republicans who they believed “lied” to get into office in 2010, 2012, and 2014 by promising to repeal Obamacare, reverse the trajectory of the national debt, and secure the Southern border, and then didn’t do any of these things. These members of Congress could have used their power of the purse to defund Obamacare, but the Republican leadership in the House and Senate blocked it.
Many on the Right believe that such defunding, even it required government shutdowns, would have worked if Republicans had just stuck to their guns.
They could have used their power of the purse to defund massive government spending on a number of projects (which is precisely what they promised to do in the 2010, 2012, and 2014 elections), but the Republican leadership in the House and Senate blocked this as well. When things got hard, the Republicans didn’t stand strong.
Political Necessities
In the estimation of many voters, the Republicans lied. They promised to do specific things if elected, they were elected on the weight of these promises, they had the power to fulfill their promises by taking hard action, and then they didn’t do what they’d promised.
As a result, for a number of Republican and Right-leaning independent voters, the brand of “Republican Politicians” is drastically weakened. Moreover, it is the specific lack of committed and intense fight among Republicans in Congress and Republican presidential nominees that infuriates many voters.
Their take on it goes something like this: “McCain, Romney, Boehner, McConnell, and other leading Republicans tried to be popular with their peers in Washington, tried to sound moderate and reasonable to the national press, tried to look presidential instead of just focusing on results, and refused to take off their gloves and really fight for us—and as a result, they got trounced at every turn by Obama, Pelosi, and Reid. By extension, we all got it handed to us by Russia, China, Libya, ISIS and now Iran. That’s not what America is supposed to do.
“So, clearly, we need a different kind of leader, a non-politician, someone who is brash, intense, and a real fighter. The more he’s a true brawler who can push hard and win, and who won’t give up no matter what his opponents and the media say, the better. We don’t care about all the normal things we ask of our politicians. We’re in a battle, a big one, and we want to win. Let’s find someone who is a great fighter and give him the reins.
“We also need someone who will actually follow through once elected and do what he or she said during the campaign. Who will back it up with action. Someone who will actually repeal Obamacare, who will actually stand by Israel, who will actually secure the Southern border, who will end our glut of business-killing regulations and get our economy booming again, and who will truly, literally reverse the national debt and get the debt clock counting down. Nothing else will do.”
This is why Trump is popular. Say whatever else you want about him, but he clearly meets the first criterion: he is brash, intense, loud, outspoken, non-politically correct, and a bold fighter. Trump also seems poised to meet the second criterion as well: many voters think he’s a lot more likely to actually repeal Obamacare, secure the border, reverse the national debt, and reboot the economy than any of the career politicians in the race.
The Coming Decade
One thing is certain: Trump brings out people’s passion about politics. People seem to either love him or hate him; few are ambivalent. What this intense passion will bring about between now and election night in 2016 remains to be seen. It may expand, or it may dwindle.
But the widespread and growing frustration with electing officials who promise to repeal Obamacare and reverse our national debt–and then don’t effectively fight against every obstacle and get these things done, once and for all–isn’t going away anytime soon. If Bush, Walker, Christie or any other establishment Republican wins in 2016, or if the race goes to Clinton, Biden, or Warren, for example, this anti-status-quo fervor on the Right will only intensify in the years ahead.
Whether or not you like Donald Trump, the real news is that a rising number of voters are passionately demanding elected leaders who actually get the right things done. The niceties of “acceptable” public discourse and many of the traditions of politics (such as trying to “look presidential” or keep the “tone” presidential) are giving way to a stark drive for tangible results. It started with the Tea Parties, and now it is spreading to many other voters.
Make no mistake: this passion on the Right for real results is mounting, and it may very well become the defining trait of politics for decades to come.
Category : Blog &Citizenship &Culture &Current Events &Generations &Government &Independents &Leadership &Politics
A Parable On Education and Freedom
July 30th, 2015 // 1:04 pm @ Oliver DeMille
Lines and Questions
I was in a long line at WalMart, and I started talking with the man standing next to me. We spoke about a number of topics, including politics, and in passing I mentioned that except for military and law enforcement, private enterprises are always better than government programs. He took issue with this, arguing that the government does most things better than private entities.
When I pressed him on this, he said that of course Washington does things better than people or businesses, because the government can keep spending as much as it wants until it gets things right.
I just stared at him.
“Seriously? It can just keep spending as much as it wants until it gets things right? That’s your big argument for the effectiveness of government?”
“Of course,” he replied. Then seeing the look of amazement and incredulity on my face, he asked, “Why? What’s wrong with that?”
“You realize that your model wastes a lot of our money, right?”
“Sure, but so what? I don’t make much, so I don’t pay much in taxes. Other people pay for government programs, so why should I care?”
I shook my head. Then I asked, “Okay, but tell me: what programs has the government got right?”
Over and Under
He cocked his head and tried to think of some.
After a bit he laughed. “Well, that’s why we’ll just have to keep trying.”
My amazement grew.
I told him the following statistics I had just seen on a news broadcast of Special Report:
Between 2008 and 2013 the Social Security Administration overpaid people in the amount of $128.3 million. That’s quite a chunk of taxpayer money. To right this wrong, the government went after these overpayments and managed to recover $109.4 million.
That’s pretty good, right? Not totally efficient, but not bad.
Then the rest of the information came out. The cost of recovering this money [just over $100 million] was $323 million, making the total loss for the taxpayers a huge amount: $213.6 million plus $18.9 million in overpayments.
That’s incredible.
Go back and look over these numbers again. It’s just plain amazing!
I could see that even the man in line thought this was ridiculous. He shook his head and sighed. “Well, we’ve got a long way to go…”
It was his turn to check out, so we left it at that.
I wonder if he votes? Or serves on juries?
Education of our citizens matters.
Category : Blog &Citizenship &Community &Culture &Current Events &Economics &Education &Featured &Generations &Government &Leadership &Liberty &Mini-Factories &Politics &Statesmanship
A Proposal on Reforming the Supreme Court
July 28th, 2015 // 8:12 am @ Oliver DeMille
by Oliver DeMille
I don’t mean it. I’m going to propose it, but I don’t really want it. Or think it’s a good idea. This proposal is meant to be ironic. But it still needs to be said, because there is far too much truth to it.
Supreme Parliament of the United States
In the wake of recent Supreme Court decisions, it’s clear that the Court doesn’t just try cases. It now writes law. It isn’t only a Supreme Court, it’s the de facto Supreme Parliament of the United States as well.
The Court uses some decisions to simply rewrite the laws of the nation, including the laws of the states. It’s been doing that for some time,[i] of course, but now it’s taking this approach to a whole new level. It has decided that the 9th and 10th Amendments are outdated, and it just ignores them.
For example, the Court labels Obamacare a “tax”, even though the Congress and President who proposed and passed it never called it that, and even though it skirts many state laws. The Court just makes up its own way.
Forget the actual case at hand; the Court is convinced that it has the power to create whatever it chooses out of thin air. Whatever the Court says, goes. Call it a “tax”. And call marriage a Constitutional right, even though the word “marriage” and the concept of marriage are never even mentioned in the Constitution or any of the Founder’s commentaries on the federal Constitution.
The Framers specifically left any and all decisions about marriage to the states. The Court has amended the Constitution without even using an official amendment.[ii] Many times. Just because it wants to.[iii] I’m not saying the Court got any of these recent decisions wrong, or right. That’s not my point. In fact, my point is much more important than any of these cases. I’m saying the Court has no authority in the Constitution to make many of its decisions.[iv]
It gave itself the power to do these things.[v] It just took the power. Such power didn’t come from the people or the Constitution.[vi] Such power isn’t legitimate authority. It is, to use the precise, technical word that the Founding generation used for this exact behavior: “tyranny”.
Whether you love the current Court’s decisions, hate them, or fall somewhere in the middle, the bigger picture is beyond the cases. The Court is now boldly and fully engaged in Judicial Tyranny.[vii]
The new rules of the Court: Just do whatever you want. You’re the Court, after all. Oh, and that pesky reality that the Constitution doesn’t give the Court the authority do more than half of what it now does? No problem. Since you’re the Court, just announce that the Constitution does, in fact, give you such authority. In fact, decree that the Court has the Constitutional authority to do whatever you decide to do.
Jefferson warned that this very thing was the biggest danger to the Constitution and to American freedoms. And his prediction has come true. The Legislative Court has become one of the greatest dangers to our freedoms. Five lawyers literally have the power to do whatever they want.
The Proposed Change!
So here’s the proposal. I heard it on a radio show, and it made me laugh. Then it made think. Then it made me mad. Check this out:
Since the Supreme Court now makes up any law it wants just by writing it up in a majority opinion, without bothering about what the House or Senate does, let’s balance the budget by just disbanding Congress. Why pay Representatives and Senators and their staff when the Court is just going to write up laws on its own anyway?
That’s the proposal. Let’s just get rid of Congress and let the Court keep doing its thing.
Again, I don’t really mean it. But at this rate, the Court is on pace to do this anyway. And in the meantime, it’s already behaving as the Supreme Court and the Supreme Parliament all in one.
One More Thing
By the way, the real solution is for Congress to pass legislation ending the use of precedent in the courts and limiting every Supreme Court decision to the scope of that one case. This will send many in the current generation of lawyers into a tizzy, but it’s the right thing to do. Assuming that we want to remain free. Such a change will immediately return the Court to its Article III powers.
Or, barring this solution, if we’re going to keep with the bad tradition of common law precedent,[viii] amend the Constitution so that 2/3 of the state Supreme Courts can overturn any decision of the Supreme Court. (More on Common Law in footnote “viii”.)
If we don’t do one of these, we literally might as well adopt the proposal above—because the Court is now operating as both the Judicial Branch and a Higher Legislative Branch.
NOTES
[i] See, for example: Martin v. Hunter Lessee; Cohen v. Commonwealth of Virginia; McCullough v. Maryland; Gibbons v. Ogden; Missouri v. Holland; New York ex rel. Cohn v. Graves; U.S. v. Butler; U.S. v. Curtiss-Wright Export Corp.; Wood v. Cloyd W. Miller; among others. See also: Bruno Leoni, Freedom and the Law, 3-25, 133-171.
[ii] Compare Article VI of the United States Constitution to Article III.
[iii] Some scholars and jurists will balk at this, arguing instead that the court “finds” or “discovers” the Constitutional meaning in the law. But while the Court may employ technical and/or logical language to support its decisions, it still utilizes its will. It may claim that its decisions are “findings,” and at times they are, but they are still always decisions. (If they were truly “findings,” matters of law without personal choice, all cases would be decided by 9-0 votes. Will is part of each decision.) Moreover, despite what is taught in some law school courses, the Framers clearly understood votes of the Justices to be acts of will, not mechanized requirements demanded by the laws.
[iv] Read Article III word for word. No such powers are granted.
[v] Review the cases listed in footnote “i” above. See also: John E. Nowak, Ronald D. Rotunda (Thompson-West), Constitutional Law, Seventh Edition, pp. 1-16, 138-156, 397-398.
[vi] Article III.
[vii] See how Raoul Berger warned of this a generation ago: Raoul Berger, Government by Judiciary.
[viii] Many in the legal profession argue that the Framers preferred Common Law to the other alternatives. Certainly there are a number of quotes from prominent founding leaders that on face value seem to support this view. In reality, most of the Framers preferred Common Law to Romano-Germanic Codifications. This was the major legal debate of the era, in Europe at least. Thus the Justinian model was soon to be followed by the Napoleonic Code. So when the Framers sided with Common Law over the Romano-Germanic model it was taken as a blanket endorsement of the Common Law. However, some of the top Founding Fathers, including both Jefferson and Madison, preferred a third model, the Anglo-Saxon code and system, over Common Law. For excellent background on these competing systems, see: Rene David and John E. C. Brierley, Major Legal Systems in the World Today; John William Burgess, The Reconciliation of Government with Liberty; Theodore F.T. Plucknett, A Concise History of the Common Law. In short, common law builds on precedent; the Constitution the Framers wrote didn’t require the use of precedent by the Judiciary. In the Framer’s model, the Court was “supreme” in deciding any one case. Period. This keeps the Court separated in the judicial realm. It is an independent judiciary, unlike in Britain, because it has sole authority to provide the final determination in any one case. But separation of powers gives it no authority to use dicta or precedent to influence later cases. Any allowance of precedent creates the need to explain a decision, and moves into the realm of legislation. Common Law was not the intent of the Framers. Once the Constitution was ratified, however, the attorneys of the era, trained in the Common Law, simply kept practicing their system without change. The Anglo Saxon code and model was quickly lost, to the detriment of American freedom. Most attorneys are unaware of this. Even a lower percentage of non-attorney citizens understand this. We lose our freedoms in many cases simply because we don’t know better.
Category : Aristocracy &Blog &Citizenship &Community &Constitution &Current Events &Education &Generations &Government &History &Leadership &Liberty &Politics &Statesmanship
Two Possible Surprises: A Potential Twist in the 2016 Election
June 18th, 2015 // 11:48 am @ Oliver DeMille
News after News
Image Credit*
If Elizabeth Warren runs for president in 2016, it will change the whole dynamic of the election. So far she has said she’s not running, but we’ve heard that before from politicians who later changed their minds.
Since she first told everyone she isn’t going to run, a lot has happened. For example, the Right has visited an onslaught of negative press on Hillary Clinton. It’s been one criticism after another. Whether the stories are justified or not, this approach by the Right is news. As soon as one story dies down in the press, the Right pushes another one.
It’s a kind of shock and awe approach to negative politics. Break one story, let it run its course, fuel it as much as possible, and be ready to put out the next story when the current one starts to lose steam. If it’s not Benghazi, it’s Server-Gate. Then foreign donations to the Clinton Foundation. Followed by ducking reporters. Or FIFA.
The list is long and growing. No doubt Mrs. Clinton’s critics have an even longer list of additional news stories planned and ready to come out (especially now that her old emails will be released a few at a time for many months ahead).
As this continues, Clinton’s support may eventually take a more significant hit than it has so far. And she’s already down a bit in the polls.
But Democrats aren’t very worried. Mrs. Clinton is still very popular, and if something big comes up that derails her candidacy, there’s always Elizabeth Warren.
The Deal
In many ways Senator Warren is a stronger candidate than former-First Lady/Senator/Secretary Clinton. She has fewer enemies, and her name doesn’t open the bank accounts of Right-Wing donors like Hillary’s does. Warren isn’t weighed down by a huge, national negative legacy from the past like Hillary—no Bill, no Benghazi, no Clinton Foundation, no sense of “the Clintons have their own set of rules”.
And Warren isn’t closely associated with President Obama like Hillary. In fact, Warren is known by many Americans mainly for standing against Obama and getting him to argue with her publicly. This makes many independents sit up and take notice. In fact, in recent polling over 60% of independents say they don’t trust Mrs. Clinton.
Beyond these things, Warren commands nearly all the positives for a candidate that Hillary enjoys: strong support among women, minorities, youth, and the Democratic base. She is well liked in swing states, she is known as more politically liberal than Hillary, and she is portrayed in the media as tough, independent, and dedicated.
Warren is an excellent public speaker, a mix of fiery and thoughtful, and, if anything, she’s more believable than Clinton.
In a sense, Warren is the anti-Obama of the Democratic Party. She could easily become the anti-Hillary in the presidential primaries, or the post-Hillary rescuer of the Party if Hillary hits a major scandal or roadblock.
In short, Warren is the real deal. She’s “legit,” as today’s youth like to say. I personally disagree with her on many political issues, but I’m impressed with how she’s running her campaign for president in 2016.
Playing ‘What If’
True: officially there is no such campaign. But if there were, she’s doing exactly the savvy thing right now:
- keep getting President Obama to mention you and sometimes argue with you
- say you’re not going to run and let the Right spend its money, time and energy tearing down Hillary
- keep using your position in the Senate to weigh in on important American issues and look increasingly like a leader
- stay out of the political fray and stick to governing for as long as possible—letting the host of Democratic and Republican candidates wear each other down
If she runs, she’ll almost certainly cause the Republican candidates more problems in the 2016 election than Hillary Clinton would.
With all that said, John Kasich may be the Elizabeth Warren of the Republican field. His role as Governor of Ohio gives him support in a vital swing state, and his rough-and-tumble record and disarming approach could be popular among many other swing voters as well.
Both Warren and Kasich have the “Credible” factor and the “Cool” thing going for them—they don’t come across so much like politicians as the other current presidential candidates. Many voters’ experience with Warren and Kasich is that they’re the “grown-ups” in current politics.
Whether you agree or disagree, and however you feel about their politics, Elizabeth Warren and John Kasich are worth watching in the next twelve months. Either one, or both, could be a surprise major player in 2016.
*Image Credit, Tim Pierce. Original>>
Category : Blog &Citizenship &Community &Culture &Current Events &Featured &Government &Independents &Leadership &Politics
