Category Archives: Constitution

US Politics Fix; Starting the Process

From Robert Reich’s Facebook Feed

This will probably turn into a page of its own at some point, a book-length outline of the problems and processes that have to be reformed, and the obstacles in the way of average Americans retaking control of their government from the political bosses, corporate sponsors, and wealthy contributors who currently control it.

We have to start somewhere, so let’s start at the beginning.

A bright, fresh-faced teenager sees the problems in the world, the calcified systems in the US that seem incapable of dealing with these problems and asks himself/herself

“how do I get involved in this? How do I change this?” 

The answer to that question is related to current events, and the image at right.

In the midst of a sideshow barker taking over the Republican primary process on the one hand, and a proud Socialist trying to pull the Democratic primary onto liberal ground it hasn’t seen since the 1970’s, I find myself without a group I feel can align with once again.

I left the Libertarian Party due to their inability to separate their ideological dedication to anarchism from the goal of actually winning the democratic election process.

Now I’m wondering just what the rest of the American populace is smoking, not just the libertarians, because it must be some good shit for everyone to be so clueless all of a sudden.

I really can’t make heads or tails of the purpose of all of this noise. I’m once again reminded of the Babylon 5 episode with Drazi killing Drazi over what color sashes they randomly select.  What I can say for certain is that Americans in general are dissatisfied with the political process as we’ve come to know it.  I can say that because the only reason that two outsiders could dominate the early potential candidate fields in polling is because Americans don’t like either of the two parties.

So what about third parties? is the question now being asked.  That would be backtracking for me.  I’m a veteran of the failed political process that is third party attempts at wresting control from the two major factions. For more than a decade I worked in the trenches, canvassing, promoting, representing the Libertarian Party in Texas in the best light that I could generate for it. I was never very important to the party (as I’m sure local activists will be quick to point out) but it was important to me, until it wasn’t anymore.

It wasn’t anymore because it became clear to me that;

  1.  The majority of the U.S. population was never going to embrace anarchism and/or smaller government than currently exists and 
  2. Majority is what determines the leaders in a democratic process.  Finally 
  3. I was no longer personally convinced that the U.S. actually suffers from too much government. 

What the U.S. suffers from is ineffective and inefficient governance. Looking at the circus acts currently playing, one might well wonder if that wasn’t the purpose from the beginning.  Harry Browne said government doesn’t work long before Ronald Reagan said it.  Both of them are incorrect, because government works in other nations. It is just that the US government seems doomed to drown in a puddle of its own inefficiencies unless something fundamental to the process is changed.

There have always been third parties. There are several third parties right now. The system is rigged to only allow two parties to have any real power. Has been rigged since the Republicans rose to national prominence with the dissolution of the Whigs in 1854 over the question of slavery. This is the point that seems to be glossed over. It isn’t that I don’t care about third party politics. The system itself isn’t setup to recognize minority parties in any real way.  It has been codified and calcified over the course of 200 years to the point where, in certain states, it is all but illegal to be a member of any party aside from the Democrats and Republicans.  Third parties, minority parties, minority factions cannot alter the system because it is insulated from their efforts by layers of interference.

And still the question appears “how can anyone vote Democratic or Republican?” The answer is demonstrable; we vote for them because one of the two of them will win. One of the two of them will win because in the vast majority of races throughout history the political system in the US has been controlled by one of two dominant parties in the US.

Whoever the Libertarians nominate (or the Greens nominate) will lose again as they have in every previous election. They will lose because they aren’t Republicans or Democrats; which the rules at the national level and at the state level virtually guarantee will win all electoral races especially the president.

Running for President as a third party is a waste of time, worse it is a waste of resources which could be used to fund campaigns to change rules so that candidates who aren’t part of a party structure can compete. What we get from that investment of time and money is the exact same argument over and over again. Why are you voting for Democrats and Republicans?

First admit that there is a problem and that problem is the electoral rules themselves. Then fix that problem before doing anything else.

Go read Ballot Access News, edited by the magnificent Richard Winger. Top of the page today is a notification that a majority of seats in a particular state are unopposed. Tomorrow it will be a different state. Unopposed means the incumbent will be re-elected. It means no change. It means that the system will remain unaltered.  Why are the seats being handed to the incumbent?  Because ballot access is gated by a huge hurdle in nearly every state.  If the hurdle (be it signatures or party requirements) is topped, the next legislature will simply raise the bar for the next election.

The never asked question is why do Americans insist that voting by itself constitutes meaningful involvement in government? Voting is actually the very least we should be doing if we hope to ever live up to the promise of self-government. Why is the least we can possibly do that constitutes doing something considered active involvement in the political system?

If you concede that voting is not enough, and you should, then the question becomes how to make effective change in our government without reinventing it? The answer to that question is to co-opt an existing party and make it do what we want it to do.

This really isn’t news.  The religious right took over the Libertarian Party with Ron Paul as their nominee in 1980, and then shifted their support to Reagan and their membership to the Republican Party when Reagan invited them to move in and take over the GOP.  The religious right have been the motivating force behind party politics ever since, and were effective at getting their way politically until the election of Barak Obama in 2008.

Even the current President has been forced to cater to the whims of the religious right, modifying many of his programs specifically to accommodate demands made by them.

This lays bare the how of how to change politics for all to see.  Simply have enough agreement among the population who vote to effect change at the city, state, and national level.  But that agreement is the hard part, the part that requires attention long before you go into booth and cast your ballot.

Political veterans will tell you, it takes work. Years of work.  Which is how we got where we are today, people who went into politics with a clear vision of what they wanted to achieve have been co-opted and subverted by the process of hammering out agreement after agreement in decades of struggle with people who think differently.

Eventually you end up voting for a candidate that you really don’t agree with on any specific issue, but remains the best choice given the compromises required, hopefully not loosing sight of your overall goal in the process.  Not being able to see the forest because of all the trees.

Hillary Clinton is probably going to be that candidate for me. If you read back over this blog you’ll discover that I first abandoned the Libertarian Party to support Barak Obama so that he would be President instead of Hillary.  In 2016 I would vote for Hillary Clinton with almost no reservations.

I will be voting for whoever the Democratic party nominates in this election. I will be voting for the Democrat, because the Republican party has apparently gone over to the magical thinkers, and I don’t believe in magic.  The entirety of the Republican Party has been dispatched on a fool’s errand by the Tea Party’s co-option. Until they can figure out who they are and what they stand for, I don’t have the time of day for the party as a whole.  If they were to nominate someone like Governor Kasich I might have to revise my opinion of them, but I don’t see much chance of that, of Republicans being willing to compromise enough to embrace a man who supports the ACA.

I vote down ballot based on candidate qualities alone, discarding anyone who pretends at being the better conservative. These candidates generally win in Texas (because conservative=correct in the mind of the average Texas voter) outside of Austin, but you can’t fix any stupid aside from your own. In Austin the down ballot offices (state senate and legislature) are held by Democratic incumbents, usually running opposed only by independent candidates. The independents almost always get my vote, because I want to see change and you won’t get change from an incumbent.

But I’m still talking about voting, the last thing on the list.

The only way to change the system is to infiltrate the two parties and alter them from the inside, thereby altering the system they control. It has to start with ending gerrymandering and real campaign finance reform.  Opening up ballot access and ending party control of the ballots in every state in the nation. Not doing this will simply kick the can forward again. That is the forest that we must keep in sight, the big picture. Gerrymandering must be ended across the entire nation. Districts must be drawn blindly with no consideration of the political, racial or social strata that the people in the districts represent. Campaign finance must be addressed, or the corruption of our electoral process by the wealthy will continue in spite of any other change we might put in place.

Changing any of these fundamental corruptions of the system will take a long, hard effort. It will
require canvasing of your local precincts to get a feel for who supports or doesn’t support these changes. It will take joining the local precinct and becoming involved, and bringing enough people along with you to alter the votes at the precinct level. It will take making sure that county gatherings and state conventions also support these measures.

The harm of Gerrymandering Austin

Faction is why these rules, this corruption, has taken hold.  Madison was correct when he cited faction as one of the biggest threats to the Republic.  The Democrats are a faction. The Republicans are a faction. Third parties are all factions.  Faction leads generally sane people to do insane things like drawing districts to favor your party (gerrymandering) allowing contributions that favor your party over your opponent (campaign finance) never taking into account that the practices you use to force the system to cater to your faction can be used to exclude your faction when power is finally wrested from you.

…and it will be.

The State of the Union Requires No Response

As I have confessed previously, I watch the State of the Union address pretty much every year as a matter of course. Some years I grit my teeth and bear it, some years I have to watch it with an accompanying joke track (the only thing I tolerate an MST3K treatment for is politics) since Barack Obama has been President, I’ve pretty much sat down to watch with something akin to interest if not utter fascination.

The State of the Union address is provided for in the Constitution, Article 2, Section 3;

“He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient”

George Washington and John Adams delivered the address in person. Jefferson, who hated the pomp that surrounded much of the Presidency, declined to give the address in person and had it sent to Congress to be read by the clerk. Every President followed Jefferson’s example until the time of Woodrow Wilson. Carter was the most recent President to decline to address congress in person.

I’m not sure which is more disdainful of the legislature, to have the President speak to them directly or to have his message read to Congress by the clerk. But I can say with pretty firm conviction that the worst and most presumptuous idea ever hatched in American politics is the response to the State of the Union crafted by the opposition party and read by some sacrificial lamb that they’ve convinced to stand up and embarrass themselves before the nation.

The President speaks for the people when he delivers his message; that is the point of it. Here is this year’s State of the Union address;

It has been patently obvious to this concerned voter, pretty much since I started viewing and reading these speeches, that the majority of the content was pretty uncontroversial. At least, uncontroversial at the time. What history teaches is another thing entirely. And yet, every single time that a speech is delivered these days, someone is tapped from the opposition party to make pretense that the content of the President’s address is incorrect in some real fashion.

In the years since 2008, this tendency to pose in mock outrage before the camera has fractured, though.  Not content to offer just one critique, for the last few years the various factions of the opposition have felt that they needed to voice their particular flavor of outrage lest their self-importance be forgotten.

This year was no different. In fact, the clamor for attention after the SOTU was delivered has been comic in proportion. From what I can gather, virtually every Republican member of the House of Representatives felt they had to personally put the President in his place.  Here is the video posted by the bloviating windbag that pretends to represent my section of Austin;

I say bloviating because, like all of the statements in opposition, this one is made up largely of nothing but air. They could have showed up and simply yelled fear! fear! fear! repeatedly for all the facts contained in the (mercifully) short responses.

I am regularly spammed by this… person (and both the Senators for my state) Having unwittingly corresponded with his office, I am now permanently on his spam list, as if I have any interest in anything these Republicans might say.

Which leads me back to the adjective, pretends. Pretends to Represent. This is demonstrable. Austin is overwhelmingly liberal. Not going to change at any point that is discernible to residents within Austin.  They were dope smoking, nude sunbathing hippies long before I got here, and the weed has not gotten less potent with time.  Willie makes sure of that.

The leadership of this state is elected by the rest of Texas which is angry and conservative. (medical marijuana should help with that. Talk to your doctor!) They have taken it upon themselves to attempt to remove the only liberal Representative from Texas by breaking the only liberal areas IN Texas into as many districts as they can reasonably separate them into.  So Austin doesn’t have one or two districts, which would be liberal.  No, Austin is split into no less than 5 different districts, with my district being a narrow strip through the center of Austin that then spreads out to cover 9 additional COUNTIES in Texas so as to dilute the Democratic vote in central Austin and place it in the hands of this… person.

It is also worth noting that the Republicans who have controlled this state since the dear departed Ann Richards was unseated by the then owner of the Texas Rangers, George W. Bush (you’ve probably heard of him) have failed at their dream of removing all traces of the stain of liberalism from their great state because they not only have one liberal member to caucus with, they now have two.

Back to the subject at hand.  This pretender who poses as my Representative (not that I liked the Democrat he replaced. That is another story) helpfully emailed me the text of his response, a further mercy that saves me from having to endure the sound of his voice.  Here is a snippet;

It’s been seven years since President Barack Obama took office. In that time, the United States has accumulated the largest national debt in its history, the fewest number of adults are working since Jimmy Carter’s presidency and the executive branch has expanded its power immensely – the president has chosen which laws to enforce and created new ones without Congress’ approval.  

Just the first paragraph. I can’t stomach the rest of the twisted realities presented. The first paragraph is enough anyway, because it shows the agenda of the response, of all the responses. It is the same theme I pointed out last year, the Republicans are in it for the power alone. The welfare of the general populace be damned, we have a budget to manage! Never mind that the sitting President has presided over the least spending of any President since Eisenhower, or that he has been the deportation President and the anti-drug President and the terrorist-fighting President to a tune that dwarfs the last two holders of that office, that is not good enough. Truthfully nothing would be good enough.

Democrats Organizing for America

Obama came into office with an olive branch, and the Republicans batted it away.  He adopted their policies and positions, and they abandoned them for even more radical conservative positions, taking stances on subjects like healthcare that are frankly hard to fathom. So the poor should be left to die without care? Am I understanding you correctly? We should send the children who surrendered to our border guards voluntarily, back to the gang-run South American states they fled from, so that they can be forced to join gangs or become their sex slaves?  Seriously, what is it conservatives expect to be done about these very real problems that they simply try to wish away?

Last night, Obama once again offered an olive branch to the Republicans. He went so far as to praise the new Speaker of the House, even though his work has been limited to actually doing the job that the previous Speaker simply couldn’t cope with. The Republican response? To once again bat the offer of cooperation away.  Cooperation means progress, and progress means hope. Give the people hope and they might actually vote without fear in the next election. Republican victory is grounded on a fearful voting public.

The most promising part of the State of the Union address?  Obama’s statement that he intends to campaign to fix the gerrymandered districts that plague the House of Representatives in many other states aside from my own. I welcome his help in getting sensible, non-partisan rules for redistricting put into place.  It is about time someone took this issue seriously. maybe then Austin will have a real Representative in Washington. Hope springs eternal.

An Individual Right to Keep and Bear Arms

I’ve been waiting for this decision ever since I heard about the case in a CATO Daily Podcast. From the CATO site:

On June 26, 2008, the Court rediscovered the Second Amendment. More than five years after six Washington, D.C. residents challenged the city’s 32-year-old ban on all functional firearms in the home, the Court held in District of Columbia v. Heller that the law is unconstitutional.

Here’s the pdf for the District of Columbia v. Heller decision.

I’d like to offer a thanks to Rob Balen (who was subbing for Jeff today) for alerting me to the fact that the Supreme Court finally got a decision right. Having said that, I must observe that Rob Balen the food critic is a gun-phobe. I never heard so much whining over someone being allowed to have guns since the last time I heard someone begging not to be shot in a movie.

Someone should explain the danger to this Yankee carpet-bagger, when he goes South and tries to tell Southerners that they can’t be trusted with weapons. It’s going to rile some people up.

Where is Suzanna Hupp when you need a voice?

Suzanna Hupp interview from Penn & Teller’s Bullshit!, Season 3, Gun Control

I was living in Austin when this tragedy occurred. I remember wishing, at the time, that a customer had taken the guy out. No one could wish harder than Suzanna Hupp.

A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

Militias are the people; each individual person is a member of the militia. Guns equip the militia. Should we amend the constitution? Remove the second amendment and task government with our protection, empower the military as the only form of defense for the country?

If not, then each of us is responsible for our own defense, and the defense of our neighborhood/city/state. That is the way the founders intended for this to work. It’s about time the courts have acknowledged these facts.


There is so much that is being left unsaid in this post, I can’t imagine where to begin, even if I wanted to fix the misconceptions apparent in this piece. Here. Now. Today. (10/13/2017) Since I made a deal with myself ages ago not to erase old posts and simply make corrections through this addendum process, I’m left scratching my head just how to exactly paint the picture of my cognitive dissonance on this subject. I think I’ll start with a link to what is my latest piece on the subject as of this mea culpa review process,

The second amendment is a two-edged sword, in more ways than the one I’ve just outlined. The other argument which can be (and has been) made is the original intent of a well regulated militia; If the people tasked with keeping us safe deem that it the task is impossible with the rules now in place, they can conscript all able-bodied persons into the military for the purposes of weapons assessment. 

That is one sure-fire way to make sure we know who should and shouldn’t have a weapon. I’m as opposed as I can get to the idea of a return to the bad-old days of the draft, but if anyone can have a weapon, and if no other laws are possible to fix the problem of weapons in our midst, then the only remaining solution is the one where everyone is trained and everyone is armed to their proficiency. 

What we need to decide is, which kind of America do we really want to live in? The time for that conversation is rapidly passing us by.

The tragically escalating numbers of mass shootings in the US over the last decade has left us all pretty much scratching our heads. A good number of what I considered allies as of the writing of this 2008 piece have become conspiracy fantasists in the true meaning of the phrase and have decided that any mass shooting that can’t be explained with the label terrorism is automatically a false-flag event. Essentially turning themselves into the kinds of nutjobs that really shouldn’t be trusted with high-powered weaponry in the first place.

This development has left me without a place to call home on this subject. I do find some comfort in the writings of Jim Wright over at Stonekettlestation. Sadly he doesn’t see any end to this craziness either. Not until the US itself gets tired of the bloodshed and settles in for a good old-fashioned discussion of what an American fix for this problem might look like. Here’s hoping that self-reflection occurs sooner rather than later.

Constitution Day

Constitution Day is today (Sunday, the 17th of September) not that the average citizen would know this. If you look on the average calendar, you probably won’t find a mention of the day, which is a sad state of affairs when it comes to honoring one of the most important documents in American history.

When you ask a couple of jaded professors to write something about Constitution day, you get something like what appeared in The Chronicle a few days back; a rather biting attempt at humor from people who have come to revile the founding fathers for creating the document that can’t be made to do what they want, when they want it.

[what do you expect from the author of askphilosophers.org, a rather transparent attempt to make todays philosophy and it’s philosophers relevant to the average person. I don’t think he’s succeeding. Post-modernists have nothing going for them but contempt for everything else that exists]

Which is precisely the problem with gov’t in the US today. Too many people with too little understanding of gov’t and it’s place in society, demanding more from gov’t and never asking where the funds to meet their demands will come from.

Jay Leno said it best:

As you may have heard, the US is putting together a constitution for
Iraq. Why don’t we just give them ours? Think about it — it was
written by very smart people, it’s served us well for over two hundred
years, and besides, we’re not using it anymore.

Anyone who is seriously interested in learning about the Constitution, and how it came to be, should visit Constitution.org. If you write an e-mail message to Cato, they’ll send you a copy of the constitution, as discussed in this Cato Daily Podcast.

The flag I fly on Constitution day? The Gadsden. It expresses everything one needs to understand about the founders and their intent in forming this ‘new nation’.


I really don’t even know where to begin. I don’t fly the Gadsden any longer, although I still have one. The Tea Party stole that icon from me. Flying it now ties one to their lunacy and I really don’t need more confusion in my messaging.

I’m planning on writing an update to this post in 2018. Let’s see if that happens.