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  • Writer's picturePhilip Drucker

Communique "Voter Suppression Sucks" 3-26-2021

I guess I should have seen it coming, but I must say it was a bit of a surprise that in response to the draconian reeking of hatred, fear, desperation, inequality in the face of the reality of changing demographics with a new consciousness attached for good measure, and ultimately nothing but a misguided miscarriage of injustice on a grandiose scale voter suppression Jim Crow 2.0 style law in Georgia that a bunch of aging white men think they are going to get away with it, how being still a mystery to me, a reporter on MSNBC (if not several) are already waxing philosophically on the SCOTUS’ future role in the growing voting right battle.

While it is true the Roberts’ Court track record has not been receptive to the protection of voter rights and this plus throw in something about the filibuster, and we are already on the verge of losing the war all the while denying the good people of Georgia the right to free and fair elections within their state and like wildfire the storm will spread to all of America to strike at the very heart of our nation’s democratic processes while ushering in the next phase of finishing what Trump started, and installing a permanent Republican minority of a minority majority at the State level to “save” us from life, liberty and the pursuit of happiness. Whew! Glad I got that out of my system.

It’s funny what triggers some people, isn’t it? I see good things happening under the nascent Biden Administration and forecast a very bright future for Americans of all shapes, sizes, political leanings and economic strata, the next step in this direction being a comprehensive infrastructure plan that will throw the economy into high gear possibly for years to come.

First, Biden literally healed us as a nation when he correctly identified the need to battle and win the fight with Covid-19 putting the health of our workforce at the forefront of the battle before us to restore and build upon the true hidden secret weapon of American exceptionalism, the idea that whatever it is, when Americans come together, we can do anything.

We do things not because they are easy, but because they are hard. This is how America grows for we are a place where can do means can do. America is also a place where our political structure does allow us to undo what needs to be undone. Including changing the ways the SCOTUS operates, the number of justices, term limits, are all dictated by Congress.

It is my guess that this current line-up of six justices and two I’m not sure why they are there, being Brett and Amy, and one I’m not sure why he is still there, that being the clearly incompetent and compromised (that’s quite a pair!) Clarence, you know with the loony wife? The one that paid to bus in the traitors and seditionists to the White House Insurrection of January 6, 2021 in a blatant effort to install a dictator in place of the democracy they claim to love and cherish? Having no qualms about unleashing a violent mob upon the sacred grounds of the Capitol Building?

It would be my best guess that if and when the Georgia Suppress the Votes of People You Don’t Like Act ever gets to the SCOTUS, a case that could become practically if not entirely moot by effective federal voting legislation, would not even be this group of nine. So, I cannot see the need to scream bloody murder about something that is remote and speculative at best as long as we keep our eye on the prize. The trophy being a return to the practices and policies that made us the greatest country the world has ever known.

To continue, it is still my contention that the Founding Fathers did not intend for three equal branches of government. A clear-eyed assessment of the Constitution point to a pecking order of power, beginning with Article I being the role of the legislature, those who make the laws, followed by Article II the Executive Branch, or the body that enforces the laws, following by Article III, the Judicial Branch that was intended to be mostly administrative in nature and confined to dealing with the various federal issues that may require adjudication.

Further, it is very important that the doctrine of judicial review of the laws of Congress as to be carried out by the President DOES NOT appear in the Constitution itself as an identified power of the judiciary. It was obtained through the case of Marbury v. Madison a decision in which the SCOTUS granted itself the right to judicial review. Oh, Chief Justice at the time John Marshall makes for an interesting case about the power being there although it is not there by “construction”, meaning, it’s there if I say it’s there, but it’s not.

Don’t you think the Founders would have left out such an important power that arguably puts the SCOTUS in the number one position of power? Yes, Congress, you make the laws but only once we approve of your law’s constitutionality? Although we, the SCOTUS are not elected by the people? For life time appointments? That is in and of itself an insult to the democratic process? Well Phil, when you put it that way…

Want more? That the power of impeachment and removal of members of both the executive and judicial branch rests with Congress? That neither the executive or judicial can remove any members of Congress from the Legislative branch? That the judicial branch in actuality has no mechanism to enforce its own decisions? And that Congress doesn’t have to play nice and submissively reform its own legislation simply because the SCOTUS told them to?

What if Congress told John Roberts and his motley crew of mostly unfit and ideologically damaged justices on the Court to drop dead, pound sand or get off my lawn? What can the Court do about it? The answer is nothing.

It is not surprising that of all impeachment proceedings brought

against government officials the overwhelming number have been for Article III federal judges and justices. Why? Partially, they are easier to convict as the standards associated with the judicial branch for impeachment includes incompetence in office, aka an inability to do the job they were not elected to do.

This is why in a major way all the plotting and planning and let’s call them unfortunate appointments and yes, stealing of federal judicial seats by the likes of the Moscow’s Best and most reliable Traitor Mitch McConnell along with the Federalist Society and their creepy brain dead lacking in any morality whatsoever hiding in the shadows pulling of strings that should not be pulled will eventually fail.

What about the Senate? Well, once the filibuster is dramatically curtailed or eliminated, with the granting of Statehood to Washington, DC with its two added senators to the democratic majority, a little reconciliation if necessary, but probably not, and the great takeover of the judicial branch is over. Can they, the majority in Congress and the President do that? Yes, they can do that. Why because the Congress is the most powerful of the three branches and I do believe that the Democrats are finally wising up to that. Nice, isn’t it?

This will also eliminate the need to pander to Senators such as Joe Manchin. If he wants to vote to keep the backwards gun culture his state apparently cherishes so much that they would prefer to remain in the dark ages then let them all the while keeping in mind that their feeble attempts at rigging elections through voter suppression laws will fail as well.

So, unless you happen to live in West Virginia, considering the success the Biden Administration is enjoying, I suggest we all take a break from impending doom and gloom from the all but extinguished GQP and let him do his thang before we succumb to the self-imposed misery caused by self-doubt that although a foreseeable result of the last four years, is at the moment unwarranted, unproductive and in no way necessary.

Similarly, this is no time to worry about creating false narratives about socialist utopias, as in Biden isn’t doing enough. Let me be clear, he is so give him a chance. Yes, there is much work still to be done and yes, it will get done. The only roadblocks for the near future are those we foolishly create for ourselves.

Let’s leave the fear mongering to those who like fear. While We, the People do what we have always done best, that being what needs to be done, and with the security of conviction that failure is not an option.

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