The Constitution

The American Founders, by me and Midjourney

The Founders meant for the republic to be agile in philosophy — always changing to meet the new demands of the next generations. They meant for us to be self-governing, and empowered to create policy for problem-solving in new eras they themselves could not even conceive of. Thomas Jefferson wrote forewarningly of the Dead Hand of the Past and how critical it would be to not remain trapped by it. The Founders were agile not in the sense of software development (obviously!), but in the same spirit: they embraced responding to change over following a plan, and in continuously uncovering ways to develop a more perfect union.

Conservative ideology on the other hand — and in particular, Originalism — flouts the actual intentions of the Framers while cloaking itself in nationalist symbology. It tries to claim that our modern hands are tied by the dead ones of the past. The Originalist doctrine currently holding sway at The Supreme Court, The Federalist Society, and the majority of right-wing judiciary maintains that the best we can do is peer feebly into the distant past and try our best to squeeze ourselves into the minds of the men who inked our Constitution some 235 years ago.

The Founders wrote things. A lot of things.

Leaving aside for a moment the impracticality of that theory as an actual practice of interpreting the law, some consideration of materials on hand shows us that we needn’t go to all that trouble in the first place — why? Because the Founders left a lot of writings behind about exactly what they meant, and the principles they were thinking about, at the time of the nation’s founding and the drafting of our Constitution.

Continue reading The Founders were agile
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The articles of impeachment 2021 are so much clearer and simpler than last year’s impeachment — it’s the Marie Kondo version of indicting the president’s conduct. His coup attempt most certainly did not spark joy!

At least, not to the patriots who defended the United States Capitol from invasion on January 6, several of whom lost their lives including Brian Sicknick who lied in honor last week, as well as 2 Capitol Police officers who took their own lives subsequent to the events of that darkest of days in American history.

That is why it is important to both get the memory of that day seared into the historical record, and continue good faith efforts to seek justice for the trauma inflicted upon the nation by its supposed guardian. The House impeachment managers are doing an incredible job evoking both the clarity of the law pointing to his guilt, and the emotional gravity of what Republican House #3 leader Liz Cheney referred to as the “gravest violation of his oath of office by any president in the history of the country.”

He’s guilty

He said he would do it, and he did it — Trump refused to accept the results of a free and fair election, convinced his supporters it was stolen from him (and them), and that they had to “fight like hell” to “take their country back.” And yet Republicans want to claim that he could have had no idea what they would do, and that the whole thing was “obviously” an innocent misunderstanding and a “boys will be boys” sort of thing.

Nonsense — his droogs Mike Lindell, Mike Flynn, Roger Stone, Steve Bannon, and of course his royal brood were involved in planning this, along with multiple sitting members of Congress, some of whom spoke at the “Save America” rally at The Ellipse. Rally organizer Ali Alexander fingerprinted Reps Andy Biggs and Paul Gosar of Arizona and Mo Brooks of Alabama as his co-conspirators in the endeavor.

They made sure security was intentionally lax by decapitating the defense apparatus during the lame duck period, and installing a bunch of loyalist partisan hacks into “acting” positions of power who were pliable or even eager to do the president’s ill bidding.

Free Speech does not protect the abuse of public trust

Trump’s lawyers filed a brief indicating a First Amendment defense for their client, which former acting Attorney General Peter D. Keisler ripped to shreds in a scathing essay. Free Speech does not give you a license to be incompetent at your job, and the Trump’s failure to secure the Capitol during a violent insurrection was a dereliction of duty of the highest order — even if he hadn’t been involved in sowing it, planning it, funding it, promoting it, hosting it, and encouraging it.

1A also does not give you the right to use words to plan criminal activities, because that would be absurd. It would essentially render all law meaningless as a deterrent, so long as you only ever give orders to someone else to carry out your dirty work indirectly vs. getting your own hands dirty.

His conduct is not defensible

Republicans are trying to squirm away on procedural grounds so they can remain cowardly supplicants to the tyrant they love or fear, or both. They do not want to have to confront the reality of Trump’s abhorrent and unforgivable behavior on January 6, their role in enabling it, and their continued role in undermining small d democracy in this nation.

There is no defense of Trump’s behavior, but the GOP wants to pretend it has a mere technical disagreement with a document’s language as an excuse to not put themselves on record for the more serious and obvious hypocrisy of giving egregiously anti-American behavior a pass — it’s like a plea bargain of sorts.

He cannot hold public office

Breaching the public’s trust is grounds for disqualification from holding future office. Why should a free people suffer the tyranny of one who abrogates duty and holds in contempt an oath they swore, as if words have no meaning? Which, in essence, is the argument of Mr Textually from day 1 of the Trump impeachment trial.

The idea that a former official cannot be impeached is baseless, because the provision of preventing them from holding future office is enumerated in the Constitution to explicitly explain the rationale. And if ever there were a case of clear unfitness for duty, it is before the Senate right now.

Acquittal nullifies impeachment power altogether

If fomenting an armed insurrection to stay in office when you lose a democratic election is not an abuse of power, I really don’t know what is. If throwing out the will of the people and keeping yourself in power by force is not a violation of the oath of office, then oaths are worthless and there’s no point in speaking them anymore. They will have become dead sea scrolls, in a language dead to us and on a parchment too brittle for continued use.

Let us not throw out the Constitution while professing to save it. Senators know better, and they know that We the People — and not their ever-shrinking base — know they know it as well. The game theory is on our side as the timeline keeps ticking away.

Senators should vote to convict, for what is most certainly the highest presidential crime ever committed in the history of this nation. To preserve this republic, if we can keep it, Congress must hold him accountable for his behavior and apply consequences for defiling the founding principles of America.

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The cognitive dissonance of the so-called Republican “agenda” is on acute display, wherein mortal threat to a literally enumerated power of the Constitution given to Congress to establish a federal US postal service seems not to bother the Constitutional originalists one bit. Not to mention said power’s role in facilitating free and fair elections. Curioser and curioser!

Somehow, one of the nation’s oldest institutions — instrumental in both our political and economic history throughout its existence — is suddenly considered yesterday’s fish by the seemingly randomly fiscal conservative. It’s, apropos of nothing (except an upcoming election in a pandemic), nigh time to punish the historic public service for not being more focused on the opposite of its stated mission:

USPS mission

The USPS is synonymous with American independence

Moreover, the origin of the importance of the post to the Founders of the nation lies even deeper within the soul of the formation of American independence: as a backlash to the British Stamp Act of 1765.

The colonies’ budding sense of unity was emboldened by collective action overtaken to dislodge the British Imperial Post (and its taxes with it), and this sentiment continued to grow through related historical affronts including the Townshend Acts of 1767, the Boston Massacre of 1768, and the Tea Party of 1773 into the full-fledged political pursuit of independence waged as the American Revolutionary War.

Foundational Acts: Establishing the post was a first priority

Benjamin Franklin became the first Postmaster General when the Second Continental Congress created the Constitutional Post in 1775. In his first term, the nation’s inaugural President George Washington signed the Post Office Act into law, establishing the USPO in early 1792. By the end of his second term, the number of post offices, miles of post roads, and post revenues had grown by 400%.

Washington spearheaded the creation of the post with help from James Madison. With it the two philosophical fathers of the revolution established both a right to personal privacy and a right to public information for citizens of the new nation. They specifically made it cheaper to send news — believing that an informed population was of utmost importance to a self-governing country.

Alexander Hamilton helped the fledgling post office with legal challenges it faced as it modernized, including a dispute with contracted stagecoach services who refused to adhere to delivery standards. Alexis de Tocqueville was impressed by the postal service on his historic visits to the new nation, convinced that the organizational capability of the early post office was essential to sustaining this fledgling American experiment with democracy.

Without the post, no West

Not to mention that, historically speaking, it’s likely there would have been no westward expansion without the post office. Cameron Blevins’ awesome infovisualisation of post office openings and closings between 1850 and into the 1900s clearly shows the reach of the system and its status as the veins and arteries of a rapidly scaling up nation.

Geography of the Post

Roads in general owe their ubiquity and quality to pressures from the mail service to provide reasonable passage for delivery. The Pony Express provides to this day some of the most iconic imagery and symbolism Americans associate with the Wild West.

The postal service was the largest communications network of the 19th century; it bound the nation back together to some small but not insignificant degree following the Civil War. Later, the Air Mail Service of the Unites States Post Office Department would be inaugurated only shortly after motorized plane flight was in regular usage towards the end of World War I.

Without the West, no America

Anyone care to argue that this country would be the same without the great American West? Surely not you, Texas — nor you, Montana. Not even Wyoming. Our national self-conception as a people of Manifest Destiny — a people whose boundless horizons were thrilling, exciting, and full of possibility. Of social mobility. Of personal responsibility.

The American identity is bound to the West. Our entrepreneurship, our creativity, our explorative and adventurous spirit finds itself embodied in the iconic images of the cowboy, the dusty plain, the purple mountains’ majesties that we all learn in childhood curricula. How would we ever have shared that imagery in the first place, if not for the post?

By the way, did you know that the Postal Service is the United States’s second largest civilian employer? After Walmart.

For all of the above reasons and more: this idea of kneecapping the United States Postal Service to further one’s election ambitions is neither moral, legal, nor historical.

It’s criminal.

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How shall we think about Russia’s ongoing intrusion into the U.S. political realm — especially its attacks on the heart of democracy: our election system?

I think James Madison — the Father of the Constitution — would have had many choice words about this development. Since we cannot alas ask him his opinion any longer, perhaps his parting words to the beloved country he was instrumental in creating can suffice:

The advice nearest to my heart and deepest in my convictions is the Union of the States be cherished and perpetuated. Let the open enemy to it be regarded as a Pandora with her box opened; and the disguised one, as the Serpent creeping with his deadly wiles into Paradise.”

— “Advice to My Country,” James Madison, 1834
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