But the Constitution…!

a free press needs to be free

Close-up of the Constitution of the United States of America with quill feather pen

Lots of stuff that’s happened this past year has me, and plenty of others, moaning, “But the Constitution..!” It’s made me plenty anxious. BTW, here are the Amendments.

ITEM: From Liz Dye’s Public Notice: The important thing to know here is that this is all John Roberts’s fault.

“On March 31, Trump signed an executive order instructing the Justice Department, Homeland Security, and the Postal Service to effectively seize control of state voter rolls.

“The Constitution vests exactly zero authority in the executive branch to police local elections, explicitly reserving that power for Congress and the states. But Trump vaguely gestured in the direction of his “unavoidable duty under Article II of the Constitution of the United States to enforce Federal law, which includes preventing violations of Federal criminal law and maintaining public confidence in election outcomes” and forged ahead.”

New York Times: “The Supreme Court had allowed the [regime] to move ahead with Mr. Trump’s mail ballot executive order, reasoning that a lawsuit challenging the order was premature because the administration had not started carrying out its plans.”

Thank you, whistleblower

A lot of legal back-and-forth took place, most opposing the procedures. But the key is, from US Senator Richard Blumenthal:  “Anonymous whistleblower details ‘rushed,’ ‘risky and haphazard’ effort by USPS to implement EO restricting mail-in voting; USPS planned for September 1 launch date for brand new, untested online system to screen ballots submitted by state election officials .”   

In the complaint: “As presently designed, if even one bar code on one single ballot in a bulk-mailing of 10,000 ballots fails to properly scan during the verification process, the entire batch is rejected and sent back to the state — effectively stopping the ballots from being mailed to voters. Even under ordinary circumstances, this would be problematic because of predictable errors in any barcode scanning process.”

Even though the regime’s plan was ultimately thrown out, it required hundreds of hours of litigation to prevent what should not have been an issue.  

And of course, because this entire system has been rushed and subject to court orders halting work, these are not “ordinary circumstances.”

Free press?

ITEM: From Daily Kos: Siccing the FCC on reporters. “After ‘Meet the Press’ host Kristen Welker said—completely accurately!—that his endorsements in recent primary elections got ‘mixed results,’ he hopped on Truth Social to say he was going to sic the Federal Communications Commission on her…. 

He “thinks that the public airwaves belong to him, not us, and he’s entitled to turn them into state media by using the FCC and the ever-present threat of lawsuits as a cudgel.” Ah, the idea of a free press – see Amendment 1 -isn’t free if it’s not agreeing with him.

“The Department of Justice subpoenaed New York Times reporters for accurately reporting on [his] bribe plane follies, when he swapped out his little gift from Qatar for the actual Air Force One. 

“FCC chair and hatchet man Brendan Carr has been whining about accurate coverage of the war in Iran. Carr also not-so-subtly threatened networks that didn’t ‘voluntarily’ (yeah, right) agree to air ‘patriotic, pro-America content that celebrates the American journey and inspires its citizens by highlighting the historic accomplishments of this great nation from our founding through the [regime] today.’ Yes, if you’re not celebrating the deeds of Dear Leader, you’re not a real American.” 

What IS that thing we’re doing in Iran?

ITEM: Is the Iran war, er, incursion, a war?  Is Congress obliged to pay for a conflict it did not authorize? When do they engage in oversight? Aram Roston of the Guardian reported that the incursion has “driven the US military into a severe financial crisis.” Roston reports that the U.S. Navy, which is bearing the brunt of the operation, is transferring money from payroll to combat operations, creating shortfalls. Officials are covering that shortfall by raiding other accounts.

Slate: “A remarkable story in the Washington Post dramatizes how deeply the Iran war has degraded the U.S. military’s ability to fend off attacks by adversaries elsewhere in the world… 

“The leaked document reveals that the three four-star commanders in charge of U.S. military operations in Europe, the Pacific, and South America, as well as the Navy’s top admiral, all informed Hegseth that because so many of their planes, ships, and other weapons systems have been diverted to the war in Iran, they could no longer perform their tasks if a war broke out in their part of the world.”

Voting rights?

ITEM: From Common Dreams – John Roberts Is the Biggest Con Man in US Politics. In his confirmation hearing, Roberts told the Senate he would call only “balls and strikes, and not to pitch or bat.” He then proceeded to dismantle the Voting Rights Act.

“Flash back to 2005, and it is apparent that, at best, Roberts misled the judiciary committee. [Or he lied.] In response to a question from Massachusetts Democratic Sen. Ted Kennedy about the VRA’s constitutionality, Roberts replied, ‘[T]he existing Voting Rights Act—the constitutionality has been upheld. And I don’t have any issue with that.'”

That was clearly untrue. His desire to crush precedent was available to those who looked. If you read the speech of John Lewis at the March on Washington on August 28, 1963, it’s clear why the VRA was necessary. And, based on the series of recent redistricting, it still is. This is why “thousands gathered at the Lincoln Memorial in Washington, D.C. on August 28 for the ‘March on Washington 2026: Defend the Vote.’” Check out Amendment 15. 

Crony statism

ITEM: When the Wall Street Journal says access to some 65 billion barrels of Venezuelan crude oil is the deal as anything but conventional, calling it an example of “crony statism,” I listen.

Among the Journal’s biggest concerns: what is the Pentagon’s role? Newsmax: “Rather than committing taxpayer cash, the Pentagon reportedly would structure the investment through warrants, giving the government its equity interest.

“The legal authority for this is far from clear,” the Journal said. Why is the Department of Defense involved in a foreign oil venture at all “when it already faces enormous challenges modernizing weapons systems and fixing procurement.”

Weekly Sift: “Phillips O’Brien points out that there are all kinds of problems with this arrangement. For one thing,

it is not clear what element of the US government (if any) either can or will hold the equity stake in any new company

“The American stake would have to be controlled and overseen by some particular department or agency, and without any congressional action it’s not clear who could do that. And without Senate ratification, this isn’t an official treaty…

“There are also problems on the Venezuelan side…” And it goes on from there. Congressional oversight would be the NORMAL path. 

Graft

ITEM: He is bought and sold. New York Times: The GEO Group has profited from the administration’s mass deportation campaign to the tune of $165 million a year in contracts. A subsidiary donated more than $1.4 million to FOTUS’s super PAC in July.

But there’s so much I can’t be bothered to keep track of. Fortunately, the oversight Democrats have provided the Trump Family Digital Grift Wealth Tracker. And here are the regime’s most corrupt transactions.

Today is Constitution Day. “How better to commemorate and honor the signing of the Constitution than by reading it? Through civics education, we can make America what the framers dreamed it would become: a more perfect union.” Aspirational, to be sure.

A ‘Jezebel spirit’?

djt – “an impetuous child”

I saw this AP story, “What’s a ‘Jezebel spirit’? Some Christians use the term to paint Kamala Harris with a demonic brush.” And you wonder why many people steer clear of “some Christians.”

“Christian nationalist leaders are telling followers that Vice President Kamala Harris is under the influence of a ‘Jezebel spirit,’ using a term with deeply racist and misogynistic roots that is setting off alarm bells for religious and political scholars.

“The concept is inspired by the biblical story of the evil Queen Jezebel, who persecuted prophets and was punished with a horrible death. The word ‘Jezebel’ was used during slavery and throughout U.S. history to describe Black women, casting them as overtly sexual and untrustworthy.”

Never underestimate the power of misogynoir.

“In the context of ‘Jezebel spirit,’ the term has sinister connotations, suggesting the person is under the influence of demons in a spiritual battle between good and evil. People who have studied the Jan. 6 insurrection warn that similar rhetoric on spiritual warfare drove many to the U.S. Capitol that day.”

If you want to hear more about The Dangerous Reality of White Christian Nationalism, watch Kat Abu here.

djt keeps prompting Christians to go out and vote. I’m planning to do so THIS week (not for him), in the unlikely event that by doing so, I will stop feeling anxious about the contest.

Arnold Palmer and Mickey D’s

Of course, the election is a dead heat, despite rational reasons not to vote for the guy, not just over policy. The Weekly Sift guy has the right attitude, which I wish I could replicate. “I can’t help but learn from headlines that the race is still close. How much more do I need to know? I know who I’m voting for, and I’ve already written my check to the Harris campaign. I could spend all day fretting about whether the likelihood of Harris winning is 55% or 45%, but what’s the point?”

He also notes about djt, “Father Time is undefeated, and he gets us all eventually. What we’re seeing here is exactly how dementia works: It takes our little quirks and exaggerates them until they become serious dysfunctions.” He needs to release his medical records. 

From A Word A Day: “Whenever [djt] trains his blunderbuss…it’s difficult to decipher whether he’s deadly serious, merely trying to generate instant outrage, or just heading off on a senescent ramble.” – Irish Times (Dublin); Aug 9, 2024.

(The number of people who’ve told me that JD Vance and the cabinet are going to 25th amendment djt is astonishing. Even they believe that Orange is not up to the task.) 

Turn the entire machinery of the government to his whims.

But Ezra Klein takes a different view in the New York Times; djt is not diminished, just more himself. “It is Trump’s absence of inhibition that makes him a great entertainer. [Entertainer? Meh.] It is Trump’s absence of inhibition that makes him feel, to so many, like not a politician — the fact that he was already the U.S. president notwithstanding. It is why the people who want to be like him — the mini-Trumps… — can’t pull it off. What makes Trump Trump isn’t his views on immigration, though they are part of it. It’s the manic charisma born of his disinhibition.

“It is his great strength. It is also his terrible flaw…

“Trump’s disinhibition is yoked to a malignancy at his core. I do believe he’s a narcissist… Trump does not see beyond himself, what he thinks, what he wants, and how he’s feeling. He does not listen to other people. He does not take correction or direction. Wisdom is the ability to learn from experience, to learn from others. Donald Trump doesn’t really learn. He once told a biographer, ‘When I look at myself in the first grade, and I look at myself now, I’m basically the same. The temperament is not that different.”

Hit the brakes
Endorsements, or lack of the same
ITEM: Washington Post Says It Won’t Endorse Anyone for President. Will Lewis, the company’s chief executive, said the paper was “returning to our roots” of not endorsing presidential candidates. The Post has endorsed presidential candidates since 1976, when it gave its stamp of approval to Jimmy Carter, although it did endorse Dwight Eisenhower in 1952.

Robert Kagan, “editor-at-large of the Washington Post and a persistent neoconservative critic of [djt]… Members of the Post’s editorial board were surprised Friday when they learned about the decision not to endorse from top opinion editor David Shipley, Semafor reported. The board drafted an endorsement of Harris earlier this month, which was sent to the newspaper’s owner, billionaire Amazon founder Jeff Bezos, who reportedly pressured publisher and CEO Will Lewis to not give an endorsement.”

The Borowitz Report, a satire column, noted: “Urging Prime customers not to miss out, on Friday Amazon founder Jeff Bezos offered to sell the Washington Post’s integrity as a ‘once-in-a-lifetime Black Friday Deal.’ Calling the Post’s integrity ‘a signature feature that made this former newspaper great,’ the product page for the item listed it at $4.99 with free shipping… Customers shopping for Bezos’s spine, soul, and human decency got an ‘Uh oh, something went wrong’ error message, indicating that the products did not exist.”

Also
ITEM : The Los Angeles Times opted not to endorse anyone for President. Per Columbia Journalism Review: “Mariel Garza, the editorials editor…, resigned on Wednesday after the newspaper’s owner blocked the editorial board’s plans to endorse… Harris for president. ‘I am resigning because I want to make it clear that I am not okay with us being silent. In dangerous times, honest people need to stand up. This is how I’m standing up.'” Two of its writers subsequently quit. “On October 11, Patrick Soon-Shiong, who bought the newspaper for $500 million in 2018, informed the paper’s editorial board that the Times would not be making an endorsement for president. The message was conveyed to Garza by Terry Tang, the paper’s editor.”
ITEM: The New York Times supported “The Only Patriotic Choice for President.” 
ITEM:  “Scientific American, the 179-year-old bedrock of American scientific publication, has endorsed Harris for President, only the second such endorsement in its long history.” Cory Doctorow notes, “Some institutions are getting over their discomfort with norm-breaking and standing up for democracy.”
FINALLY…
Expat Cole Haddon wrote on Medium: “All I can think about is the polls that continue to show Kamala Harris, a typically flawed Democratic candidate, polling neck-and-neck with a convicted felon, rapist, and accused insurrectionist currently running on throwing out the U.S. Constitution, punishing political enemies and whomever else he feels like, and mass-arresting and deporting millions of those he deems to be foreigners — and half of voters think this sounds like a great idea for their country’s future. In other words, nearly half of U.S. voters would prefer fascism over sharing what they perceive to be ‘their country.'”

Stories about Elections in New York

non-affiliated

There were two news stories about elections in New York. One pleased me greatly, while the other mildly surprised me. 

ITEM: Judge Tosses a New York Law That Moved Many Local Elections to Even-Numbered Years. “A law moving many town and county elections in New York to even-numbered years to align them with state and federal races was struck down by a state judge, providing a win to Republicans who claimed it was a partisan effort by Democrats to gain an electoral edge.

“Sponsors of the bill approved by the Democrat-led state Legislature last year said they wanted to shift elections for town supervisor, county executive, and some other local posts from odd-numbered years to reduce confusion and increase voter turnout. Republicans denounced the law as an effort to move local elections to higher-turnout presidential election years, which could favor Democrats.”

Judge Gerard Neri wrote in his ruling that the law conflicts with individual county charters. Moreover, “the Even Year Election Law would effectively double the size of a ballot and could lead to voter confusion and also a drop off in the voter participation for down-ballot races and referendums.” 

As I wrote last year, before Gov. Kathy Hochul signed the legislation, I HATED the new legislation. A local race can’t get the oxygen a federal or statewide gets. I support the judge’s ruling.

Independent

ITEM: “One in four registered active voters in New York do not belong to a political party, according to the most recent registration data collected by the Times Union.” This follows a national trend that’s been taking place for over a decade.

Interestingly, the state has one of the most restrictive primary voting policies. If you’re a non-affiliated voter, i.e., not a Democrat or Republican or registered in one of the two recognized minor parties, Conservative and Working Families, you don’t get to vote in primaries. I have always been registered as a Democrat because not voting in a primary would disenfranchise me.

In June 2024, there was the primary for an open seat in the New York State Assembly, the 109th AD; the person who won the primary, Gabriella Romero with 30.1% of vote against five opponents, is almost certain to be elected in November. Likewise, the mayor of Albany is up next in 2025, and the winner of the Democratic primary will almost certainly become mayor five months later.

Ballot access

Moreover, the Empire State has continually eroded ballot access in recent years. From Ballotopedia: On October 19, 2022, the U.S. Court of Appeals for the Second Circuit upheld the ballot access laws passed in New York in 2020. The Libertarian Party sued the New York State Board of Elections over these laws on July 28, 2020, calling them unconstitutional thresholds enacted to keep minor parties off of the ballot. A U.S. District Court ruled in favor of the New York State Board of Elections in 2021, and the Second Circuit upheld that ruling.

Provisions of the 2020 ballot access laws include the following:

  • Increasing the statewide independent petition from 15,000 to 45,000 signatures.
  • Changing the definition of a qualified party from a group that polls at least 50,000 votes for governor to one that polls 2% for the office at the top of the ticket every two years. In 2020, 2% was 172,337 votes.
  • Retaining a six-week petitioning period, increasing the distribution requirement, and retaining a ban on anyone signing two petitions for the same office.
  • Lacking any procedure for a group to transform itself into a qualified party in advance of an election–something that exists in 39 states.

Minor parties, such as the Green Party and the aforementioned Libertarian Party, have had a much tougher time getting their candidates on the ballot. Also, the Conservatives and the Working Families folks have some incentive to cross-endorse a Republican or Democrat.

New York State often does not have a very democratic process.

Hey, what a difference a month makes

Harris/Walz

What a difference a month makes. Like a lot of people, by the time the Republican National Convention was over, I was thoroughly depressed. When Joe Biden was running, he rightly pointed out the risk to democracy if his opponent were elected. Unfortunately, the Republicans said the same thing if the Democrats won.

Even as I heard the calls for Joe Biden to step aside, I couldn’t imagine how that would work out. Kamala Harris’ polling numbers weren’t much better than Joe’s. The pundits also noted that she never got any footing in the 2020 Democratic campaign season, which was true

Do you know who else ran not one but two dismal Presidential campaigns? Joe Biden, who dropped out of the 2008 campaign after faring poorly in Iowa. Of course, Barack Obama then picked him as his running mate.  

So, I am cautiously optimistic. In retrospect, I should have KNOWN that Kamala Harris and Tim Walz would be the Presidential/Veep candidates for the Democrats. I jest. But it feels so right. 

The Republicans are currently on the defensive.  A disoriented djt insists that the attendance at his “rally” on Jan. 6, 2021, before the storming of the Capitol, was larger than the quarter million on August 28, 1963, when MLK Jr. gave his “I Have a Dream” speech. He has fantasized that Joe Biden might somehow snatch back the nomination. People around him say he’s been knocked off his bearings.

Uh-uh

Harris/Walz has pivoted to We’re Not Going Back. Some have criticized it as unduly negative, but I think it’s wonderful. It’s oblique. Go back to what? The time before Roe v. Wade? Before Jan. 6? It’s a counterweight to Make America Great Again, Again.

Now, the GOP candidate is considered ‘Too Old’ by a majority. “Mental Fitness Increasingly Worry Voters.” Like Biden, he can’t pivot to become younger, and touting his alleged prowess in basic cognitive tests isn’t helping. I only wish the press had been harsher on djt earlier, because he’s been saying crazy stuff for quite a while.

Also, several pundits have noted that the “weird” labeling is particularly effective. If one attacks djt on policy, he’ll say his position was misrepresented. But if one points out his mixing up California politician  Willie Brown with another black man, and you say, “That’s weird,” you don’t have to ask if he’s losing it. After Hillary Clinton used “deplorable” to describe MAGA fans, they embraced it, but weird is a different thing.

I should write about tech bro JD Vance and how Silicon Valley owns him, but nah. 

DEI

When Harris got down to her Veep candidates, you knew there would be a white man. That DEI! If you’re gonna have a black South Asian woman, you gotta have a white guy. Walz seems to be the least likely candidate. Gov. Roy Cooper (NC) looks like how a president would have been portrayed in many 1980s disaster films. Josh Shapiro, governor of Pennsylvania, looks like a policy wonk. US Senator Mark Kelly (AZ) looks like, well, an astronaut. Then there were the forty-somethings, Gov.  Andy Beshear (KY) and US DOT Secretary Pete Buttigieg.

MN governor Tim Walz is the least telegenic, but he has a Midwestern genuineness and a great biography, which people are attracted to. “He tossed off multiple zingers about how ‘creepy and weird as hell’ the Republican ticket. Coach Walz’s sudden rise in the Democratic Party was no accident. And according to the satirical Borowitz Report,  “in an extraordinary show of support from the furry mammals, America’s cats gave a full-throated endorsement to…Walz.”

Interestingly, according to an article published in the National Library of Medicine in 2023, “We vote for the person, not the policies: a systematic review on how personality traits influence voting behaviour.” The GOP candidates and most of their proxies are not very nice people. Their “stolen valor” attack on Walz is overblown, e.g., and is funny coming from the campaign of Captain Bone Spurs.  

RFK, Jr.

When Biden was still poised to be the Democratic candidate, Robert F. Kennedy, Jr. seemed to have the chance to be at least a spoiler. His stock is down now, and John Oliver’s skewering on Last Week Tonight didn’t help. 

Worse, from Behan Communications: “Since ‘weird’ seems to be the word of the moment, we thought we’d hop right in with some news about… [the] presidential candidate of the Comic Relief Party.

“Where to begin? With his admission that he dumped a dead bear cub in Central Park 10 years ago? Or that he once had a freezer full of roadkill meat? Or that doctors told him he has a dead worm in his brain? Or that he somehow believes, according to testimony he gave this week in an Albany, N.Y., courtroom, that an intent to move somewhere is ‘the only requirement for residency?'” He has been “disqualified from the New York ballot over his false residence claim.” It’s likely to affect other states where he used that bogus address.

The 2024 APL trustee candidates

school budget

On Tuesday, May 7, at the Washington Avenue branch of the Albany Public Library, I attended an event introducing the 2024 APL trustee candidates, who will be up for election on Tuesday, May 21.

I was relieved. When I declined to run myself, I worried that there wouldn’t be enough candidates to run for the three slots. It turned out that TWELVE people got enough signatures to get on the ballot.

  1. Daniel Schneider, 12208
  2. Zachary Cunningham, 12208
  3. Carlos Velasquez, 12210
  4. Paige Allen, 12210
  5. Jennifer Marlow, 12208
  6. Bradford Lachut, 12203
  7. Kirsten Broschinsky, 12203
  8. Paul Collins-Hackett, 12202
  9. Marsha Lazarus, 12208
  10. Tia Anderson, 12203
  11. Mary A. Rosch, 12208
  12. Daniel Plaat, 12210

Eleven of the twelve, all except Velasquez, were present. All of the candidates available loved their library and would bring specific skills to the job.

My picks

I won’t tell you who to vote for, but I will note who I am selecting. Kirsten Broschinsky has served with me on the Friends and Foundation of the Albany Public Library Board before being selected to fill the unexpired term of a person on the APL Trustees board.

Mary A. Rosch has worked on the FFAPL gala and other activities. She has been a speaker at the Tuesday book talks and will be again in August. At the event, she noted that she was involved in other community activities. She said she would willingly give up many of them if she were elected, suggesting she understands the scope of work.

My third vote will go to… I don’t know yet. I have eliminated three. Of the remaining, one lives on my street, and one reads my blog (which would NEVER affect my decision). Most have compelling narratives.

However, I enthusiastically support the $7,864,740 budget, which “reflects a two percent increase in the annual total tax levy.” As  APL Executive Director Andrea Nicolay notes, “The increase supports our staff and core services, and positions us to leverage partnerships and grant opportunities. We are mindful that, these days, public libraries and civil liberties are under attack. We strive for excellence, and we don’t take community support for granted.”

School daze

The library vote coincides with the City School District of Albany budget.  The board has “unanimously approved a $326.2 million budget proposal for the 2024-25 school year. The proposal includes no tax-levy increase for the second year in a row and the fourth time in the last nine years…

“Voters also will be asked to consider three additional school-related propositions, none of which would have any additional tax impact.”

The term of board member Hassan I. Elminyawi expires this spring. The Board of Education clerk told me he is running unopposed for reelection.

Polls will be open from 7 a.m. until 9 p.m. on May 21.  Please note that the voting locations do NOT necessarily correspond to those where one votes in the primary and general elections, and at least two venues have changed since the last school/library vote. Mail-in ballots are also available.

School board and school budget votes will be voted upon throughout New York State on that date. 

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