Democrat power is the goal of virtually every plan and action undertaken by the Democrat Party. In politics, actions and policy platforms not words define motivations. By their actions and party platforms, the Democrat Party clearly demonstrates that they value power not people, that is We the People. Admittedly, the Republican Party also seeks political power. The essential difference is the means each party uses to gain power; and how each party uses their power. These critical differences were the essence of the 2020 election at every level in our society.
For the past five or six decades, the Supreme Court with a five or six progressive Justice majority has been critical to Democrat power in the United States. Additionally, progressive judges in the inferior US courts were also an important component of Democrat Party power. Progressives in the Democrat Party used the progressive US judiciary to promote their agenda when they could not pass the agenda through the Constitutional legislative process. The progressive US courts used two parts of the Constitution to accomplish the changes they desired. First, they used the authority of Article III, Section 2 of the Constitution in the Marbury v. Madison Supreme Court opinion of Chief Justice John Marshall, to make judgements on the Constitutionality of laws. Second, they used the Article VI Supremacy Clause of the US Constitution which states, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby. Thus, decisions of the US Supreme Court or inferior courts, when case appeals were rejected by the Supreme Court, became the law of the land.
Undoubtedly, Roe v. Wade, is one of the most politically and emotionally charged US Supreme Court cases in our history. The U.S. Supreme Court on January 22, 1973, ruled (7“2) that unduly restrictive state regulation of abortion is unconstitutional. In a majority opinion written by Justice Harry A. Blackmun, the Court held that a set of Texas statutes criminalizing abortion in most instances violated a woman’s Constitutional right of privacy, which it found to be implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment (nor shall any state deprive any person of life, liberty, or property, without due process of law). In my opinion this decision, and the scholarly legal discussion on the right to Privacy, is inconsistent with judicial good behavior.
The Federalist Papers were a series of 85 essays anonymously written in support of ratification of the Constitution by three authors under the pseudonym, Publius. In The Federalist No. 78, Alexander Hamilton, one Publius, discussed good behavior for judges in the US Judiciary.
Judges hold their offices during ‘good behavior,’ which is the best expedient to secure a steady, upright and impartial administration of the laws.
The duty (of courts of justice) must be to declare all acts contrary to the manifest tenor of the constitution,’ void. Without this, all the reservations of particular rights or privileges would amount to nothing.
Consequently, good Behavior is court decisions that reflect the manifest tenor of the constitution. Manifest tenor is original intent based on the Constitutional text, construction, grammar, and the words as defined when the Constitution, Amendments, or laws were ratified by We the People. Manifest tenor also refers to the principle train of thought or idea that runs through each article and section of the Constitution and law under consideration.
In The Federalist No. 81, Hamilton wrote,
There is not one syllable in the plan under consideration (Constitution), which directly empowers the national courts to construe the laws according to the spirit of the constitution.
The majority opinion in Roe v. Wade violates both of Hamilton’s prerequisites for judicial good behavior. First, the decision did not concur with the manifest tenor of the due process clause of the Fourteenth Amendment. Privacy is not found in any part of any definition of liberty. Since it is not even a synonym for liberty, Privacy is also inconsistent with the principle train of thought or idea that runs through the due process clause of the Fourteenth Amendment. Second, the idea that Privacy is an implicit concept with respect to liberty is nothing less than divining the spirit of the Constitution. In my opinion, Roe v. Wade is one of the main reasons that We the People have a flawed Constitution lacking any meaningful Constitutional check on the Judicial Branch of our government. Is the best solution to this problem a Constitutional Amendment? Is the idea worth considering? This idea might end the rancor associated with the appointment of Supreme Court Justices.
Additionally, disrespectful judicial rulings that usurp the will of We the People occur when jurists proport an ability to construe the laws according to the spirit of the constitution or craft opinions that are not based on the textural original intent, the manifest tenor of the Constitution and its Amendments. After all, We the People ratified the manifest tenor of each part of the Constitution and its Amendments. Each of the 535 members of the US Congress and the President were elected by We the People. It is the US Congress which passes legislation that becomes law when signed by the President. Consequently, State and Federal laws, and Inferior US Court opinions consistent with the manifest tenor of the Constitution, must be upheld by our courts because they reflect the collective will of We the People. The same is true of Presidential Executive Orders that are consistent with the manifest tenor of the Constitution.
Conversely, The duty (of courts of justice) must be to declare all acts contrary to the manifest tenor of the constitution,’ void. When judicial rulings are not based on the manifest tenor of the Constitution, the offending jurist places their opinion above the collective wisdom of all We the People. This is true whether the opinion is that of an individual judge, a panel of judges, or a nine Justice US Supreme Court ruling, Judicial rulings that give the standing of law to progressive social policies remove the political initiative from We the People giving it to the government agencies or private entities, like Planned Parenthood, adding to Democrat power. When the elected representatives of We the People make laws about social issues, as Conservatives and the Republican Party prefer, power originates with We the People.
in accordance with Article II, Section 2, Paragraph 2 of the Constitution, President Trump has nominated Supreme Court Justices and US Inferior Court Judges that will make decisions based on originalist concepts that include manifest tenor and reject attempts to construe the laws according to the spirit of the constitution. The Republican Senate has fulfilled its Article II Advice and Consent obligations and confirmed President Trump’s Judicial nominations. Consequently, progressive changes to our society should be decided through the legislative process where We the People, through our elected legislators, will determine what is best for We the People. An unelected Judiciary will no longer rule against the will of We the People. The Democrat Party will lose power; and, through his Judiciary nominations, President Trump and the Republican Senate returned power to We the People.
The legislative Powers mandated by Article I of the Constitution were crafted by the Founders and Framers to create tension between the House of Representatives (House) and the Senate. The House was crafted as a federalist body where the states have greater power because the number of Representatives is population based. Representatives also face election every two years. Consequently, they are more responsible to We the People of their state. The Senate was crafted to be a more nationalistic body giving more attention to the issues of the national government. They only face election by We the People of their state every six years. The tension created was amplified by the differences in the powers and responsibilities delegated to the House and Senate by Article I and Senatorial approval of International Treaties, Ambassadors, Ministers, Consuls, Supreme Court Justices, Inferior Court Judges, and all other Officers of the United States in accordance with Article I, Section 2, Paragraph 2 of the Constitution.
The Framers had great confidence in the virtue of We the People and did not anticipate the rancor that soon developed with the rise of political parties. Unfortunately, the Constitution provides no remedies for the problems political parties created. The tension created by the two parts of the Legislative Branch is compounded by the struggle for power, control, and leadership of the House and Senate by political parties. The Senate filibuster further complicates legislative power struggles. With Senate filibuster rules, 40 Senators control the legislative process at the expense of the other 495 members of the Senate and House adding more tension to the political struggle for legislative power. Thus, the combination of the two parts of the legislature and a minimum of two political parties created at least a four-way power struggle for control of the Legislative Branch of our government. Before any piece of legislation can go to the President for approval, legislators must overcome the four-way power struggle that the Constitution forces on them. This complicated struggle, all too often, prevents passage of legislation. When this occurs, legislators often cause difficulties and harm to We the People.
During the Covid-19 pandemic, the Democrat Party in the House of Representatives, led by Speaker Pelosi, has placed the command of Rahm Emanuel, former President Obama’s Chief of Staff, above the welfare of We the People. The Democrat Party continually adds funding for progressive, some might say socialist, projects, programs, and social initiatives unrelated to Covid-19 to needed economic, medical, and Covid-19 relief bills. Furthermore, Speaker Pelosi has refused to negotiate or compromise on relief packages since the first compromise, Covid-19 relief legislation was approved by the legislature and signed by President Trump. The unrelated additions included projects and funding that they could not do before the crisis such as Kennedy Center funding and unrestricted funds to progressive cities and states to bail out unfunded pension plans and debt incurred prior to the pandemic. Speaker Pelosi uses this tactic in the hope that she will increase Democrat power in the Legislature with little regard for We the People.
A similar tactic to increase Democrat power, perfected by Speaker Pelosi, is to add unrelated project funding to needed projects or essential government services legislation. For example, the requirement to add an additional percentage of a federally funded construction projects for art. Physical conservatives say that the art does not contribute to the function of the project. However, the art projects are something that artists could not do before the project requiring the art. Another common Democrat legislative tactic is adding smaller unrelated project or program funding to essential budget appropriation bills. For example, low priority Housing and Urban Development, Interior Department, and Department of Education funding could be added a Defense appropriations bill. Physical conservatives who would object to the non-defense spending in separate bills are often forced to approve the entire bill as a compromise to secure essential Defense funding. Sadly, the House, under leadership of both parties, often fails in its duty to pass appropriation bills for each of the 12 Cabinet Departments before the government is forced to close due to the lack of funding. The House fails in this duty more times than it succeeds. When this occurs, emergency omnibus bills are passed to keep the government operating. Speaker Pelosi has mastered this art of appropriation bill failure. This tactic is a Democrat power play allowing Democrats to interject progressive projects and programs into the legislation which must be passed; or the government will have to shut down, thereby not letting a serious crisis go to waste.
Although the Democrat Party and progressives claim to be for We the People, their policies and social initiatives promote increasing Democrat power for their party, the Federal government, and various forms of collectives like unions. Collective type organizations emphasize centralized power versus individual, We the People power favored by conservatives and the Republican Party. As one example, programs like Obamacare, single payer health insurance, or Medicare-for-all promote collective management or socialistic control of healthcare which means that bureaucrats not individuals and their doctors make most healthcare decisions in our country. In contrast, conservatives and Republicans prefer at least free market healthcare insurance where individuals and families have total control of their healthcare insurance giving power to We the People. A FORGOTTEN AMERICAN’S ALTERNATIVE HEALTHCARE PLAN offers a proposal for complete transformation of healthcare in the United States.
One of the more devious ways Democrat power is garnered by party leaders, is the never let a serious crisis go to waste legislative maneuver perfected by Leader Pelosi. Covid-19 relief legislation is the best recent example of the tactic. She crafted legislation filled with funds for programs and projects unrelated to Covid-19 that were at least 2-3 times more expensive than Republican alternatives. She has refused to negotiate for months. The result has been no Payroll Protection Plan financial relief for small businesses and their employees, business closures and failures, increasing unemployment, expanding food insecurity, rental evictions, and foreclosures. The insidious result is more people become dependent on government benefits like unemployment, food stamps, and Medicaid. At the same time, Democrat Governors and big city Mayors mandate, business shutdowns, capacity limits, and school closures forcing many parents to stay at home without pay increasing the financial burdens on We the People. Apparently, Speaker Pelosi believes that delaying Covid-19 economic relief until after the inauguration of President-Elect Biden will proffer credit for the relief to Biden and the Democrat Party. On December 7,2020, Speaker Pelosi said that she was now willing to negotiate “because we have a new President” verifying that Democrat power was more important to Democrats than “We the People.” Obviously, party leaders believe their tactics will increase long term Democrat power.
On the other hand, the Republican Party under the leadership of President Trump, Senate Majority leader McConnell, and House Minority leader McCarthy emphasized targeted legislation. Their plans would provide Payroll Protection Plan funds to small business owners and their employees, unemployment benefits that did not provide incentives to stay on unemployment, payments to individuals, and funds to assist states with personal protective equipment and distribution of Covid-19 vaccinations and treatments. Republican proposals provide power to We the People, small business owners and employees, and individuals,
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