What Trump Can Teach Us About Constitutional Law

For any #MAGA out there. You know who you are.

Trumpconlaw is another podcast hosted by Roman Mars of 99% Invisible fame. When the show first started, I started tweeting out my own version of promos for each episode. The series of them can be found under the tag TrumpConLaw on this blog. This post should appear as the header for that series of tweets.

I am slowly working my way through the 99% Invisible archive. Sometimes I wonder if I’ll ever make it all the way through, but hope springs eternal. 99% Invisible is undoubtedly one of the best designed websites in existence. All Roman Mars podcasts and the podcasts that are presented through his distribution group, Radiotopia, are among the few podcasts out there that are easily shareable; easily shareable because the link to the hosting website is actually referenced in the feed address for the podcast you are listening to. I remain baffled as to why more podcasts do not design their feeds to be easily accessible in this way. In any case, give some of these podcasts a listen. It will take your mind off of the impending doom looming over the US today.


TED2015 Roman Mars Why city flags may be the worst-designed thing you’ve never noticed

#32 Contempt Power

If you think #MAGA means anything other than Misguided Appallingly Gullible Americans, you are the person these tweets were written for.

#31 Executive Privilege

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If you think #MAGA means anything other than Misguided Appallingly Gullible Americans, you are the person these tweets were written for.

#30 The 25th Amendment

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If you think #MAGA means anything other than Misguided Appallingly Gullible Americans, you are the person these tweets were written for.

#29 Birthright Citizenship

…and he’ll pry my birthright from my cold dead hands, but not one moment before that.

If you think #MAGA means anything other than Misguided Appallingly Gullible Americans, you are the person these tweets were written for.

#28 Dereliction of Duty

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If you think #MAGA means anything other than Misguided Appallingly Gullible Americans, you are the person these tweets were written for.

#27 Treason

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If you think #MAGA means anything other than Misguided Appallingly Gullible Americans, you are the person these tweets were written for.

#MAGA: Disrespecting the Flag

“I was trying to think about the last time American history seemed to matter as much as it seems to right now. We’re minding our past in debates over monuments and standing or kneeling during our national anthem, aren’t we essentially asking ourselves over and over what it means to be an American? We’re testing our arguments, our old ones and new ones, we’re staking claims for ourselves and our families and whatever comes of this place we call home. Yeah, we can think of this as a fight I guess, or we can think of this as part of our natural destiny. We claim to be founded on ideas, well maybe this is how an enlightenment nation grows. How we settle the great divide will be the stuff our grandchildren will be reading about. And I suppose we do have this much in common; surely we want to make them proud.” – David Brown –The Texas Standard for Friday September 29, 2017

I have no use for football. I realize that I’m committing a cardinal Texas sin by saying that, but it is the truth. I don’t play it, I don’t watch it, I don’t care about it at all. I don’t know who won the Superbowl last year. I have no idea who is doing well or poorly or has done well or poorly since I moved out of my dad’s house as a teenager and stopped having to endure football viewing in order to watch anything on TV with him. However, I do know a thing or two about football because of those years of enforced viewing with my father. I also know a thing or two about how to properly treat a flag because of him and his desire that I spend time in the Boy Scouts as child.

For the purposes of historical context, there is a disagreement currently rampaging between the players of professional football and their right to protest, and the sitting Birther-in-Chief, the Orange Hate-Monkey (OHM) who has decided that the political speech of football professionals is more important than seeing that Puerto Rico gets the hurricane relief it needs. I have determined this because the OHM hasn’t mentioned Puerto Rico once since the last hurricane hit the island and left it without water or power. He has Tweeted about the dust up over taking a knee in protest during the pre-game tradition of standing for the US national anthem. Several times. It didn’t help him get Luther Strange elected to the Senate, but you can’t win them all.

The attending audiences at these giant government-funded sports arenas are shocked! How dare these players protest the treatment of black people by racially biased police departments! How dare they protest in solidarity with Colin Kaepernick who was excluded from playing this year after he dared take a knee in political protest last year!? These players are disrespecting the flag! They can’t be allowed to protest like this!

In the week since I wrote the original post [about Colin Kaepernickon Facebook I’ve received literally tens of thousands of responses. The overwhelming majority are positive, notes of encouragement and understanding, enthusiastic and even reluctant agreement.  It makes me proud to note many of those responses came from veterans, from cops, and from Americans who put their asses on line for their fellows every day without expectation of reward or thanks. They may not agree with Kaepernick, but they stand with him nonetheless as true Americans do. A number came from non-Americans, those on foreign shores who look to America with equal parts fear and fascination and wonder at that shining city on the hill and it makes me proud that they can still admire this nation for what it is supposed to represent. 

But in that same week I’ve daily posted a roster of those who don’t get it. Those who wrote me, many who claim to be veterans, who called me traitor and called Kaepernick nigger and who have daily sent me death threats and seething hate simply because I spoke of honor and duty and respect. It is these people, these haters, these dimwitted goons, who prove with their own words the validity and necessity of Kaepernick’s protest and why I stand with him. 

Jim Wright – Stonekettle Station Respect: Colin Kaepernick – The Extended Cut

These protesters, these professional football players aren’t disrespecting the flag, they are disrespecting the outrage of the fans who demand that their sport be free of politics. Free of politics that the votes of the fans have brought directly into conflict with the players on the field. The people who are booing? They are fans of the OHM as well as football; and I say this because only people dumb enough to believe that a billionaire wouldn’t line his own pockets at their expense would believe that you can isolate a sport and keep it from reflecting the world around it.

Daniel Haviland Steward‎’s image via Snopes

So let’s talk about respecting the flag and the nation, since I don’t care about football and really wouldn’t be writing this post if it was really all about football or the fans of football. Study the image in this post. Please notice the flag bunched up around the ring of the field in the foreground. Do you see it?

The US flag is not to touch the ground. US flags should not be bunched up or crumpled. How do I know? It’s right there in the flag code. I hear you asking there’s a flag code? Yes. Yes there is a flag code, as the most rudimentary search of the internet should reveal. Here is a link to the text on wikipedia. This should be common knowledge for anyone interested in seeing the flag of your nation treated with respect. Follow the code and you are respecting the flag; don’t follow the code and you run the risk of making a mockery of the flag.

Most national flags and battle flags are not to be allowed to lay on the ground. It is one of the highest forms of disrespect to treat a flag the way this flag is being treated, whether this is common practice or not at your average sports event. I don’t think that can be said loudly enough to not be ignored by the politically blind in today’s United States. They know what they want to believe, emotionally. Your words will not carry meaning for them unless those words agree with the things they already believe. But the president of the United States is lying to the people who are booing from the stands at these sports events, and he’s doing it because it makes him look better agreeing with their outrage at being disrespected.

I don’t know how many people know this but the US flag was never worn as clothing until the 60’s when Abbie Hoffman wore it in protest and was arrested and tried for doing so. The way we treat the flag these days in almost all venues is disrespectful. It should not be allowed to fly in the rain. It should not be left hanging on the flagpole after dark unless spotlit. It should not be allowed to touch the ground, with various theories as to what you should do with the flag after it has been allowed to touch the ground (the wiki article addresses this urban legend) the answer being, get it off the ground when you see it touching the ground. That flag on the ground is being disrespected by every fan in the stadium because they do not rush out onto the field and see that it is lifted from the ground immediately.

Stonekettle Station on Twitter

So those guys taking a knee in protest? That is the least of the flag code offenses currently occurring in football stadiums, and their failure to assume the accepted position of obeisance before the attending audience should be understood as a protest against those self-same people. Maybe these audiences should worry about some of the other violations of the flag code first. The violations of law and common decency running rampant amongst the #MAGA, the Misguided Appallingly Gullible Americans who are the ones destroying the fabric of American society. Destroying it by calling for an end to political speech by professional football players. It might fix the players need to protest in the process.


A few days after I had written this, On The Media riffs on the same subject. The benefit of just sitting down and banging out some text. When I hit publish, it’s done. A podcast has to write and edit, then interview, re-edit and narrate connective segments, at least.


On The Media, Anatomy of an Outrage, September 28, 2017

They understand that it’s not really about flags or football either. It’s really about controlling speech, limiting the speech of unpopular speakers. They also have more resources so they can dig deep on subjects that deserve to be revealed to the light of day.


On The Media, The Star-Spangled Banner: A Radical History, September 28, 2017

That’s right. The Star-Spangled Banner was based on earlier works. It was part of a valued tradition of protest and counter-protests set to song. On The Media also touches on the important story that isn’t being discussed while the OHM rants on about football players and tearing up the first amendment.


On The Media, What’s Going on in Puerto Rico?, September 28, 2017

The OHM eventually deigned to go to Puerto Rico. I guess they finally had an air conditioned room they could put him up in for his required stay there. This allowed him to be seen being presidential at the site of the hurricane’s destruction. I’m betting the people of Puerto Rico would have preferred he stayed in Washington D.C. and actually got to work doing the job he was elected to do. Instead he did his usual insane media op, in this case tossing rolls of paper towels into the crowd that showed up waiting to hear what their president was planning on doing for them. Tossing towels into the crowd as if the people there were at a sports event and were there by choice; not because they were homeless, hungry, thirsty and desperate. They went away without reassurances. So much for being presidential.

There are three other segments in the episode of On The Media (Insult to Injury) that I embedded in the post. On The Media is one of the few podcasts that I am sure to listen to when it shows up in my podcast queue. It is one of the few that I take extra time to listen to closely. Brooke’s editing is a masterwork. She wastes no time on filler. Facts and more facts are ladled on in rapid succession. Pay attention because there will be a test later.


In the For What It’s Worth department I have the evidence that the idea to take a knee came from a US veteran who saw Colin Kaepernick sitting during his first protest. The video below is an excellent little montage that explains the reason why taking a knee is not disrespecting the flag as much as calling for an end to protests is.


Matt Orfalea Why Colin Kaepernick Took a Knee (US Army Veteran, Nate Boyer) Published on Oct 9, 2017

Here is Orf’s Patreon page, if you feel like supporting his work. There are still people without power in Puerto Rico today, one year after writing this. Ponder that fact, as you sit fuming at the kneeling football players you see on your television set.


With this addendum I moved the post up to present day (August 26, 2018) Something I don’t feel the need to do very often, but then these aren’t normal times. Who would have thought that we’d still be arguing about this bullshit three football seasons later? We are though, and that means it’s still news. What makes it news is that the fans still can’t get it through their heads that they cannot command respect from the players no matter how many times they scream about it. No matter how many times they grill candidates for public office about curtailing the rights of people to protest at public events.


Guardian News,’I can think of nothing more American’: Beto O’Rourke responds to question on NFL protests, Aug 22, 2018

If the players cannot protest, even when those players are protesting respectfully and peacefully, then none of us are allowed to air our grievances in public. Like Beto O’Rourke I can think of few other things less American than telling people to stop protesting and to fall in line. The few times this attitude has been taken and enforced historically (and it has happened) the results were not what the authorities of that time expected or wanted. Those decisions have also been overturned in court. The people screaming about this behavior are also the people screaming about asylum seekers and funds spent on hurricane recovery. If we are too broke as a country to pay for caring for the harborless and homeless, we are certainly too broke to be imprisoning football players for unwanted speech and then having to defend those actions in court.


TEXAS STANDARD, BETO O’ROURKE’S VIRAL VIDEO RENEWS DEBATE OVER NFL PLAYERS TAKING A KNEE IN PROTEST, August 24, 2018

This Texan really hopes that the video goes viral. Beto O’Rourke is a shining example of intelligence in Texas. I’m hoping there are enough intelligent people in Texas to fix the problems Texas faces rather than continuing to allow the stupid to make more problems for Texas to deal with. I’ll see you all at the polls November 6th.

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Nike’s latest ad campaign, Sept. 5, 2018,  features Colin Kaepernick as a spokesman. In the distance you could hear the sound of a million conservative heads exploding in outrage.

In the immediate backlash against the campaign, announced on Monday, Nike shares fell nearly 4 percent at one point on Tuesday and closed down 3.2 percent.

Calls for a boycott fed social media buzz about the campaign. There were 2.7 million mentions of Nike over the previous 24 hours, the social media analysis firm Talkwalker said at midday, an increase of 135 percent over the previous week. – Reuters, Kaepernick ads spark boycott calls

People are supposedly burning their Nike gear in protest. I’ve never owned Nike gear because I’m poor. I’ve never paid more than $40 for a pair of shoes and I doubt I ever will. If you are dumb enough to spend $200 on a pair of Nike shoes just so you can burn them, Nike will happily sell you a pair. I may not know much, but I’ll stake my reputation on that fact. 

#26 Overturning Roe

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If you think #MAGA means anything other than Misguided Appallingly Gullible Americans, you are the person these tweets were written for.

#MAGA: Space Force. The Stupid Dreams of Stupid People

#MAGA=Misguided Appallingly Gullible Americans. This is a truism I’ve demonstrated more than once on this blog. The latest whiz-bang idea from the Orange Hate-Monkey (OHM) is this idiocy he calls the Space Force. Even his Vice President, a strangely quiet man lost in the shadow of the OHM’s vast vanity, has gotten in on the deal. Yesterday he was promoting the idea publicly. Today on the Texas Standard I hear that Maddog Mattis is gungho to get right on this stupid idea and make it a reality. That’s weird, because I thought even Maddog was against it. When a guy nicknamed Maddog doesn’t want to do your idea, you should know it’s probably even crazier and dumber than you might have thought.

Let me spell out just how dumb this idea is, from the perspective of decades of Science Fiction reading. The Earth sits at the bottom of a pretty deep gravity well. It’s face would be more visibly pockmarked than it is were it not for the wind and water action on the surface, not to mention the verdant tree growth, masquing the damage inflicted on the Earth from simple rocks that it has encountered in it’s annual journey around the sun. There are tons of rocks out there in space. Tons of them. Asteroids that could extinguish all life on this planet, in an instant. If we want to destroy any spot on the globe, that potential is out there right now. It is just waiting for anyone, anyone, to go out there, strap a rocket motor to the thing, push it this way or that and hey, presto! you’ve vaporized the target of your choice on the surface of the earth, and probably several hundred square kilometers around it.

The stupidity of believing we could continue our warlike ways into space was spelled out quite well in Robert A. Heinlein’s libertarian exploration novel, The Moon is a Harsh Mistress. In that book we accompany the main character as he plots revolution against the Earth that sent him to a penal colony on the Moon. In order to avoid any major spoilers, I will simply observe that lobbing rocks at the Earth figures heavily in the plot of that novel. A Space Force is akin to the stupidity of placing the exiles from the Earth at the top of the Earth’s gravity well and daring them to get back at us. I expect a lunar penal colony will be the next great idea that the OHM will come up with, that’s how dumb the idea of a Space Force is. The world of Starship Troopers is waiting for us down that route through time, and I don’t recommend that future, either.

What life on this planet needs to understand is that we are at war with the rest of the universe, because the universe wants to kill us. Everywhere outside of the blanket of atmosphere that covers the Earth, death awaits. Gasping, freezing, boiling, death. We don’t need a Space Force because we don’t need to militarize space. Everything about going to space is a weapon. The rocket engines are weapons, the ships are weapons, that lug nut you forgot to tighten properly is a weapon after it comes loose, hurtling through space at thousands of miles an hour just waiting to intersect some habitat somewhere and destroy it. We cannot be at war with other people in space, because killing each other is far, far too easy to do out there. A moment of carelessness and everyone dies. Not exactly the place for the murderous or the stupid. Our only hope for the future is demilitarization, and it’s a pretty faint hope at that.

The demilitarization of space is the opposite of a Space Force. This is all aside from the fact that a Space Force is probably just another boondoggle like Reagan’s Star Wars. A boondoggle that will go nowhere and cost billions. It’s a stupid idea endorsed by stupid people. Or as Stonekettle Station put it, the money goes in the black hole and never comes out.

Splitting this so-called space force off from the Air Force (and presumably pulling the space-related components out of the other services as well), what does that give us that we don’t have now — and not just give us, but give us to such a degree that it justifies the cost and significantly increased complexity? What are the distinct requirements, the technology, skillsets, logistics, communications, training, facilities, targets, strategies, tactics, objectives, and missions that will define this space force? And how are those distinctly different from the current Air Force, distinct enough to warrant an entirely separate service with its enormous associated cost?

Why both an Air Force and a Space Force, instead of a single Aerospace Force?


Like everything else with Trump: what are the details?

Stonekettle Station on Facebook

Apparently I was being too subtle in the article above. Let me be more blunt. If you think that militarizing space is a good idea, if you think that the OHM isn’t proposing this project just to the line the pockets of his donors, then you are a member of group I refer to as stupid people. You are the kind of person that watches Iron Sky and masturbates to the images of swastikas on the screen.

Just FYI, if you watch Iron Sky and find you can’t laugh at it, then you have no sense of humor. You take yourself too seriously. You take your country too seriously (if you are an American) It is a European film made specifically to poke fun at Americans. Watch it again and again until you find the humor in it. That is my suggestion to anyone who finds they cannot laugh at themselves. If you undertake this effort maybe, just maybe, you will cease to be a member of the group I labeled stupid people.

We cannot realistically militarize space. Believing otherwise is to fall for storytelling tropes. If we don’t get past this self-hatred, we are done for as a species.