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Time for change's Journal
Posted by Time for change in General Discussion
Fri May 29th 2009, 11:27 PM
Given the blatant judicial activism and hypocrisy of the judges who are the icons of the radical conservative movement in the United States, one should hope that some day either the leaders of the Democratic Party or our national media would call the
The right wing attack against Judge Sotomayor, based largely on their claims of “judicial activism”, is just the latest example of the absence of any limits to their hypocrisy. Indeed, such attacks constitute the primary mode of action of the hypocrite: Routinely accuse your opponents of committing the sins or crimes that you or your group are infamous for, in the absence of any evidence whatsoever to back up your claims, in the hope that maybe that will make people less likely to suspect you of doing the same. It’s like George Bush ranting and raving about “terrorism”, and then setting off to kill hundreds of thousands of Iraqi civilians.

Judicial activism is the process in which judges base their judicial decisions, not on any coherent legal basis or philosophy, but rather on their own personal preferences. In other words, they simply make up the law as they go along, to suit their own preferences.

As sure as the sun sets in the west, the right wing routinely uses that charge against any important judicial nominee who isn’t sufficiently right wing to suit their preferences.

So I think it’s about time that we seriously talk about judicial activism. Let’s start by talking about the most blatant case of judicial activism in U.S. Supreme Court history – a case so blatant that the five Republican judges who took part in it were careful to say that it should never be used as a precedent in future decisions. The reason for that unprecedented action was left unexplained, but it was obviously taken for the purpose of preventing disadvantaged minority groups from benefiting from their decision:


BUSH V. GORE – THE THEFT OF A PRESIDENTIAL ELECTION

On December 12, 2000, the U.S. Supreme Court, by a 5-4 vote led by Antonin Scalia, decided the outcome of the 2000 Presidential election by ordering that the counting of votes in Florida not be allowed to continue (They had three days earlier put an immediate stop to the vote counting, pending their final decision).

Making abundant use of the hypocrite’s law of opposites, they actually wrote that their intent was to preserve "the fundamental right" to vote, and that "None are more conscious of the vital limits on its judicial authority than are the members of this Court, and none stand more in admiration of the Constitution's design to leave the selection of the President to the people.", while disenfranchising more than 50 million people who voted for Al Gore.

Yet, their decision had absolutely NO basis in Constitutional law or logic:


The abuse of the equal protection clause of our 14th Amendment

The 14th Amendment to our Constitution was devised primarily to ensure that our former slaves enjoy a semblance of equal rights under our Constitution. Yet, the Rehnquist Supreme Court had always been uniquely hostile to those rights. David Savage writing in the Los Angeles Times said “Over the last 15 years, the Supreme Court under Chief Justice William H. Rehnquist has made it nearly impossible to win constitutional claims of unequal treatment.” University of Southern California law professor Erwin Chemerinsky wrote: "The Rehnquist Court almost never uses equal protection jurisprudence except in striking down affirmative action programs (designed to help blacks and minorities)”. And former Los Angeles deputy district attorney Vincent Bugliosi wrote that “I can't think of a single instance where Scalia or Thomas has found discrimination against a racial minority, or women, or the aged, or the disabled, to be unconstitutional." Adding to the irony and hypocrisy was the fact that a highly disproportion number of the uncounted ballots in this case were cast by descendents of slaves.

The stated basis for the decision was that different standards for counting ballots were used in different precincts and in different counties. Yet, as should be perfectly obvious to anyone who knows the first thing about our voting system, and as stated by Vincent Bugliosi in “None Dare Call it Treason”:

Varying methods to cast and count votes have been going on in every state of the union for the past two centuries, and the Supreme Court has been as silent as a church mouse on the matter, never even hinting that there might be a right under the equal protection clause that was being violated.

But suddenly after all that time the differing standards for counting votes was such a major problem that it necessitated the stopping of the vote counting in a presidential election, mid-stream. But…. It was only considered a problem for the 60 some thousand ballots that had yet to be counted – the 60 thousand ballots that otherwise would have given Florida’s electoral votes to Al Gore, along with the Presidency. The other several million Florida votes, which gave Bush a miniscule lead in Florida, were allowed to stand. And so were the more than a hundred million votes cast throughout the rest of our country – notwithstanding the differing voting mechanisms used throughout our country.


The arbitrary deadline

December 12th has been set as the deadline for states making a decision in presidential elections, beyond which Congress has the right to question the validity of the vote. Therefore, the only problem with not coming to a decision by December 12th is that Congress would then have the right to question the decision.

But in their December 12th decision the Rehnquist Court treated December 12th as a sacrosanct deadline. And since their decision was rendered at about two hours prior to midnight, it simultaneously made the claim that since there was insufficient time (two hours) to develop new standards, the election was ended as of the time of their decision.

The actual deadline was December 18th. But even that deadline should by no means have been sacrosanct. Bugliosi makes the obvious point:

No less than thousands of times a day in courthouses throughout the country, mandatory ("shall") dates to do this or that (file a brief, a motion, commence a trial, etc.) are waived by the court on the representation of one party alone that he needs more time. If extending the December 12 (or the December 18 date, for that matter) deadline for a few days for the counting of votes to determine who is the rightful winner of a presidential election does not constitute a sufficient cause for a short extension of time, then what in the world does?

I can answer that question with respect to the Rehnquist Court. There should be no doubt that if Gore had been in the lead, they would have given any extension required to meet the “deadline” – except that if Gore had been in the lead they never would have stopped the vote counting in the first place.


The sudden turnaround on “state’s rights”

It has long been a sacred canon of ultraconservative justices like Scalia, Thomas and Rehnquist that “state’s rights” trumps all. The origin of this deference by conservatives to “states rights” was their attempts to prevent federal interference in their violating the Constitutional and other rights of their former slaves and their descendents. This was the argument on which they based their long-standing hostility to civil rights, voting rights, and affirmative action laws.

The Florida Supreme Court had already made their decision, which was to count every ballot (By the way this was an original count, not a re-count of the ballots, in the sense that none of these ballots had previously been hand-counted). So what could explain the sudden and unprecedented decision of these long-time advocates of state’s rights to overturn a decision on a presidential election made by the state of Florida, in accordance with Florida’s constitution? Bugliosi explains what their decision would have been if not for their burning desire to choose the next president of the United States:

So if it weren't for their decision to find a way, any way imaginable, to appoint Bush President, their automatic predilection would have been to stay the hell out of Florida's business.


The unprecedented decision to nullify their own decision for future reference

For all the reasons noted above, there was no Constitutional basis whatsoever for the Bush v. Gore decision. But the justices who supported the decision were concerned that it might set a precedent which made it easier for those for whom the Fourteenth Amendment was written to make use of it. So they ruled that there decision was:

limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.

Bugliosi explains the clear meaning of this bizarre and unprecedented action:

In other words, the Court, in effect, was saying its ruling "only applied to those future cases captioned Bush v. Gore. In all other equal protection voting cases, litigants should refer to prior decisions of this court." Of the thousands of potential equal protection voting cases, the Court was only interested in, and eager to grant relief to, one person and one person only, George W. Bush.


SCALIA IS ONE OF THE MOST ACTIVIST AND HYPOCRITICAL USSC JUSTICES IN U.S. HISTORY

In another blatant example of the hypocrite’s law of opposites, Antonin Scalia is typically held up by ultraconservatives as the model of judicial probity and consistency, especially manifested by his “strict constructionism” of our Constitution. As Cass Sunstein explains in “Radicals in Robes”, strict constructionism is a judicial philosophy that says that judges should make their decisions based on a literal interpretation of what the Constitution says, or if that’s not perfectly clear then it should be based on what the writers of the Constitution (or its amendments) had in mind when they wrote it, and if that’s not perfectly clear then it should be based on historical precedence (even if more recent precedence contradicts the earlier precedence).

If one accepts that view, then it can be used (and is used) to justify such views as that the Constitution provides no right to privacy nor right to marriage for same sex couples. As Scalia says about the right to privacy, “There is no right to ‘liberty’ under the Due Process Clause… The Fourteenth Amendment expressly allows states to deprive their citizens of ‘liberty,’ so long as ‘due process of law’ is provided. And with regard to gay marriage, strict constructionism merely says that traditionally it has not been accepted in this country, and therefore it should never be made legal. So then, how does Scalia justify the following:


Affirmative action

Scalia consistently votes to strike down affirmative action programs without consideration of the original understanding of the Equal Protection Clause of the Fourteenth Amendment. Yet, an historical reading of history clearly suggests that affirmative action programs were intended to be legitimate by those who wrote the Fourteenth Amendment. The Fourteenth Amendment was written by Congress shortly after the end of the Civil War. That particular Congress was determined to enact laws that would protect the freed slaves, in the full knowledge that those newly freed slaves were badly in need of protection. Thus was The Freedman’s Bureau created to provide special benefits and assistance for the newly freed slaves.


Freedom of speech

In order to protect the right of the wealthy to have disproportionate influence in elections, Scalia uses the First amendment’s freedom of speech provision by claiming that money is speech. Strict constructionists are supposed to hate that kind of extrapolation. The provision for free speech in the First Amendment was meant mainly to ensure that citizens would be free to criticize their government without fear of punishment. But I guess that if you say enough times that “money is speech” it will become true, right? Here is a touching lament by Scalia for the poor corporations that might lose some of their influence if their money – I mean speech – isn’t protected:

The incremental benefit obtained by muzzling corporate speech is more than offset by loss of the information and persuasion that corporate speech can contain.


Delegation of law making to regulatory agencies

Our Constitution says that Congress will enact laws. Congress has delegated some of that responsibility to the Executive Branch, in particular with its creation of regulatory agencies that are designed to carry out the broad mandates of Congress, but which are delegated by Congress to write regulations in pursuit of Congress’ mandated goals. But Scalia doesn’t like regulatory agencies because they can interfere with the profits of wealthy persons and corporations. So, he says that it is unconstitutional for Congress to delegate these functions, as in this article, where he argues against FDA’s right to regulate the tobacco industry. Yet even the very first Congress gave the Executive Branch the authority to grant military pensions.

Sunstein brings up many other examples in his book, such as the effort of Scalia and his cohorts to grant the President unlimited powers to do as he pleases in the interest of “National Security”, even though many of those functions are given to Congress by our Constitution. And Sunstein’s summary of Scalia and his ilk is given here:

Mr Sunstein shows that fundamentalists have been wildly inconsistent in applying constitutional history, referring to it only when it fits their policy goals. Too often, he says, their interpretation neatly fits only the agenda of the extreme edges of the Republican Party's right wing rather than any reasonable view of history.


Scalia the celebrity justice

Scalia is a lot more than simply an ideological activist judge and hypocrite. In his ideological zeal he has frequently shown contempt for standard principles of judicial ethics. Jonathan Turley explains:

More than any other justice, Scalia has helped forge this new model of the celebrity justice... His apparent inability to restrain himself in public forums has caused no end of problems...

In 1996, he denounced theories of a constitutional right to die when there were two cases on that very question pending before the court. In 2003, he appeared at a "religious freedom rally" sponsored by the Knights of Columbus in Virginia to denounce attacks on the Pledge of Allegiance when a challenge to the pledge was pending before the court. Rather than wait for the oral arguments, Scalia pumped up the audience by declaring that the effort to remove God from the Pledge of Allegiance was "contrary to our whole tradition." On that occasion, Scalia had to recuse himself.

The latest public proclamation from Scalia is even worse. In Switzerland, Scalia responded to a question about the claims of detainees like Salim Ahmed Hamdan by saying "give me a break." Hamdan -- Osama bin Laden's former driver -- is arguing that the federal courts should have jurisdiction over his case, but Scalia dismissed the premise of his claims and emphasized that "if he was captured by my army on a battlefield, that is where he belongs... Scalia's statements are a textbook example of an improper public statement by a jurist. He should clearly withdraw from the case. Not only did he indicate that he had already made up his mind on the subject before Hamdan made a single argument, but he expressed a personal interest that affected his decision...

Jurists are barred from speaking publicly about the merits of pending cases because they are supposed to be impartial and open arguments from all parties. But Scalia has reinforced the view of this court as pre-wired for certain results. The trend is now obvious, but the direction should disturb lawyers and non-lawyers alike...


IN CONCLUSION

I’ll conclude with one more example of blatant judicial activism by a conservative Supreme Court justice. This particular opinion was rendered by Chief Justice Morrison R. Waite in 1886. Fittingly, this example also involves a gross abuse of our Fourteenth Amendment. Before any oral arguments took place in the case of Santa Clara County v. Southern Pacific Railroad Company, and without any explanation whatsoever, Waite simply announced:

The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does.

This offhand statement – which cannot possibly constitute an official opinion of the court, which is always preceded by extensive research and debate, finalized with a vote of the nine justices, and accompanied by an extensive explanation – has since been considered the law of the land.

And as such it has greatly increased the power of corporations against individuals by allowing them the protections given to persons under our Constitution, even though corporations are simultaneously showered with various powers that actual persons don’t have and exempted from many of the responsibilities and obligations that actual persons have. The advantages that this has provided to corporations have been enormous, as exemplified by Scalia’s above noted complaint about the muzzling of corporate bribery… I mean speech.

How much more activist can one get than for a Chief Justice of the USSC to change our Constitution with a mere wave of his hand, without subjecting his decision to debate, vote, or explanation – either formal or informal?

Given the blatant judicial activism and hypocrisy of the judges who are the icons of the radical conservative movement in the United States, one should hope that some day before very long, either the leaders of the Democratic Party or our national news media would call them on their hypocrisy. There is no better time to do that then right now, as they attempt to pummel a Democratic nominee for the U.S. Supreme Court, using the hypocrite’s law of opposites to accuse her of judicial activism.
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U.S. Democracy in Crisis
Time for change


The Democratic Underground was born on one of the worst days in U.S history – The day that the worst President in U.S. history took office.

Now, here we are 8 years later, and we’ve managed to remove that cancer from our nation and replace it with something much better. Notwithstanding my many ambivalent feelings towards President Obama, I have no doubt that he will be infinitely better for our country than his predecessor.

Yet despite that, our country has been terribly scarred from the events of the past eight years, and it continues to suffer from all of the root problems that brought us the worst President in our history in 2000 and 2004. Therefore, it is worth taking a look at the root problems that brought us to this sorry state of affairs.


MAJOR IMPEDIMENTS TO DEMOCRACY IN THE UNITED STATES

One thing that we must keep in mind when considering our current problems is that they are not new. They were greatly exacerbated by eight years of Bush administration misrule, but they did not start with George W. Bush and Dick Cheney.


Money in politics

All but the most naïve of the American citizenry know that the wealthy and powerful in our country routinely influence our local and national elections through huge campaign contributions. And they also know that they are generally well rewarded for their “contributions”. And they also know that bribery is presumably against the law in our country. Yet, on the rare occasion that our politicians are actually accused of bribery, our news media makes a great big deal over it, as if bribery is actually a rare event in American politics.

The end result is that a great many of our politicians do everything they can to make their wealthiest constituents happy with them, at the expense of everyone else. They do that with the knowledge that the voters they lose in doing so will be more than compensated for by the disinformation that will be paid for by their wealthiest constituents. I discuss this situation in more detail here, here, and here.

There are a few dots to connect here, but any reasonable assessment of American politics tells us that bribery is routinely used to buy and sell elections in our country. So routine is it that it is actually built into our system and legalized. But that fact is never overtly spoken of. To do so would imply that our system of government is as much or more an aristocracy than it is a democracy.

Bill Moyers, in his book “Moyers on Democracy”, explains the situation bluntly:

We have lost the ability to call the most basic transaction by its right name. If a baseball player stepping up to home plate were to lean over and hand the umpire a wad of bills before he called the pitch, we’d call that a bribe. But when a real estate developer buys his way into the White House and gets a favorable government ruling that wouldn’t be available to you or me, what do we call that? A “campaign contribution”.

Let’s call it what it is: a bribe.

The legality of contributing money to political candidates, with the implicit (though not explicit) understanding that that money will buy political favoritism, has been defended by both our courts and our Congress by sanctimoniously pointing to the free speech provisions in the First Amendment to our Constitution and claiming that money is speech. But the absurdity of that contention should be obvious to anyone with some primary school education. Speech is of value from a political standpoint (or any other standpoint) only when it is heard. But if one billionaire has one thousand times as much opportunity to speak through a medium which reaches millions than several thousand other people added together, the speech of that one billionaire will drown out the speech of most other people, thereby interfering with their right to free speech.


Election fraud

Electronic vote switching with DRE (direct-recording electronic) machines poses a great danger to the integrity of our election system – by virtue of its ability to switch a voter’s vote without being noticed by the voter. In other words, someone tries to vote for John Kerry, and the machine registers a vote for George Bush instead. What makes matters worse is that many or most of these machines don’t even produce a piece of paper with the vote on it, which can then later be used for a recount. So, if fraud is suspected there is no recourse. And worse yet is the fact that most of these machines use proprietary (secret) code to determine who the voter voted for.

We know for a fact that vote-switching occurred in the 2004 election. One study, based on voter reports to the national Electronic Incident Reporting System (EIRS), showed that vote switching incidents favored Bush over Kerry by a ratio of 12 to 1 nationally. A similar study showed that these vote switching incidents that favored Bush were 9 times as common in the heavily contested “swing states” than in non-swing states. To make the point that the EIRS reports represent only a small fraction of actual Election Day problems, an investigation by the Washington Post identified about 25 electronic voting machines in Youngstown, Mahoning County, Ohio, that were said to have been switching votes all day long. Yet only eight incidents of this nature from Mahoning County (all in favor of Bush) were reported to EIRS that day.

Clint Curtis, a computer programmer working in Florida prior to the 2004 election, testified before the Democratic staff of the House Judiciary Committee that he was requested in 2000 by his boss (at the request of a high level Republican operative, Tom Feeney) to “develop a prototype of a voting program that could alter the vote tabulation in an election and be undetectable”. Curtis’ testimony was followed by the death of Raymond Lemme, who while investigating Curtis’ allegations was found dead in a Georgia hotel room, just a couple weeks after telling Curtis that he had traced the corruption “all the way to the top”,

Another type of election fraud is the illegal purging of registered voters from the voter rolls. Like vote switching, the increasing computerization of voter registration is no doubt making it much easier to perpetrate this type of fraud on a mass basis.

This article describes a great deal of evidence that voter registration fraud played a major role in the 2004 presidential election, and in fact was probably the deciding factor in Ohio, which gave George Bush his electoral victory. Similarly, although the 2000 presidential election was stolen by a variety of means, voter registration fraud was quantitatively the most important method used. In 2000, the Florida Governor’s office used a computer program to purge tens of thousands of mostly black and Democratic voters.

There are many other means of election fraud that have been used in our country to destabilize our democracy. I discuss this issue in more detail, along with means for preventing election fraud, in this post.


Our corporate news media

If cash donated to their political campaigns is not enough to carry them through to victory, and if election fraud doesn’t happen to play a significant role, the corporate news media serves as another valuable tool for those seeking to sabotage our democracy. This problem overlaps with the role of money in politics, since those who own and control the corporate media are uniformly wealthy, and since it was their money that led to the acts that enabled our corporate media to become what it is today – Ronald Reagan’s veto of Democratic legislation to enforce the Fairness Doctrine in 1987, and the Telecommunications Act of 1996. This legislation allowed the monopoly consolidation of our news media to the point where today it is controlled by a very small number of extremely wealthy individuals.

Several excellent books have been written about the extent to which wealthy corporate interests control our news media today. I would highly recommend “Lapdogs – How the Press rolled Over for Bush”, by Eric Boehlert, “What Liberal Media – The Truth About BIAS and the News”, by Eric Alterman, and “Into the Buzzsaw – The Myth of a Free Press”, edited by Kristina Borjesson. And I have ranted about pseudo-journalists such as Tim Russert, who have made a largely successful, but hypocritical effort to appear unbiased to their viewers.

The bottom line, as Bill Moyers points out, is that the protection offered us by our First Amendment is based on the assumption of a separation of our government and a free press, which is supposed to protect us from government abuses. Moyers wrote this during the Bush administration:

What would happen, however, if the contending giants of big government and big publishing and broadcasting ever joined hands, ever saw eye to eye in putting the public's need for news second to free-market economics? That's exactly what's happening now under the ideological banner of "deregulation". Giant media conglomerates that our founders could not possibly have envisioned are finding common cause with an imperial state in a betrothal certain to produce not the sons and daughters of liberty but the very kind of bastards that issued from the old arranged marriage of church and state.

Consider the situation. Never has there been an administration so disciplined in secrecy, so precisely in lockstep in keeping information from the people at large and -- in defiance of the Constitution -- from their representatives in Congress. Never has the powerful media oligopoly ... been so unabashed in reaching like Caesar for still more wealth and power. Never have hand and glove fitted together so comfortably to manipulate free political debate, sow contempt for the idea of government itself, and trivialize the peoples' need to know.


Secrecy in government

Democracy suffers terribly when a nation’s citizens are uninformed – especially when they are uninformed with respect to the actions and motivations of their own government. If we don’t know what our government is doing, then how can we be expected to vote them out when they do something that we would consider deeply immoral had we known about it?

Consider war for example. If Americans understood the real motivations for its nation’s wars, they would probably be much more likely to strenuously object to those wars. That would make war much less politically feasible, and our country would therefore be led into war much less frequently than it has been in the past.

That is why I so hate the “national security” excuse for withholding information from us, the American people – which has become so routine that it is willingly or passively accepted by the good majority of Americans. I very much doubt that the “national security” excuse for withholding information from the American people has anything to do with national security more than 5% of the time. Rather, the reason for withholding such information from us is almost always something totally different. It is to blind us to the real reasons for war or other nefarious acts, so that we will accept them and willingly support or even risk our lives in their cause.


Rampant U.S. nationalism and the GAME

Two months ago I wrote a DU post that I titled “The GAME”, which I began by discussing “Unmentionable things in U.S. politics” – including such things as the stealing of a U.S. presidential election, calling American military or covert actions immoral rather than merely “misguided”, and imputing bad intentions rather than mere incompetence to a U.S. president.

I find this to be terribly repressive, not because I personally can’t mention these things, but because our elected representatives are under tremendous pressure not to discuss them. We elect them to represent us and our nation, and except for some rare courageous exceptions such as Dennis Kucinich, Cynthia McKinney, and Robert Wexler, they refuse to even talk about some of our very most important issues.

It has occurred to me that this provides the backdrop for a huge GAME that has been foisted upon us. A prerequisite of the GAME is to create an alternate reality that must be believed by a critical mass of people in order for the GAME to proceed. Why is that necessary? I believe it’s necessary because the reality is so terrible that if enough people consciously recognized it they would rise up and simply refuse to play the GAME.

Although the GAME’s masters set the rules, there are two related character traits of many Americans that cause them to play along: Rampant nationalism and a propensity for denial. Rampant nationalism is the attitude that our country is inherently better than any other country – so much so that it can do no wrong. This attitude is drummed into the American people from the time that most of us learn how to talk. We are made to feel that to believe or speak otherwise demonstrates a dangerous lack of “patriotism”, which makes us deserving of being shunned – or worse.

The other character trait that persuades too many Americans to play the GAME is denial. Believing terrible things about one’s country can be very painful. Accepting reality as it is, rather than as one would like it to be, can be very painful. To make this point, in a recent post titled “12 Things that Never Happened in American History”, I discuss the following official stories that we have been told (or not told):

The U.S. is not an imperialist country; FDR’s New Deal was not instrumental in ending the Great Depression; the Cold War was just about fighting totalitarian Communism; JFK was assassinated by a lone gunman; bribery is infrequent in American politics; Iran-Contra was not a criminal abuse of presidential power; U.S. presidential elections cannot be stolen; Bush and Cheney did everything they could to protect us against the 9/11 attacks; the Bush administration’s crimes are not serious enough to warrant impeachment or prosecution; and, we’re barely told about our nation’s killing of more than a million Iraqi civilians, the October Surprise, or Operation Northwoods.


CONSEQUENCES

These impediments to democracy work together to surrender great amounts of power into the hands of a small number of elites, who use that power in the cause of increasing their wealth and power at the expense of everyone else. It is a vicious cycle that is very difficult to break. Here are some of the major tragic consequences.


Rampant militarism and illegal aggression against sovereign nations

We are so often told how good and pure our nation and its people are that only a minority of Americans are aware of the extent of our many illegal and immoral activities. Many or most who aren’t aware of these activities would be shocked to learn about them and quite resistant to accepting that information as the truth.

In myriad instances we have overthrown or assisted in the overthrow of sovereign nations. In the good majority of these instances we have substituted a repressive right wing government for one that was much more responsive to the needs and desires of the nation’s citizenry. Sometimes genocide was used to accomplish our goals. The purpose of these activities has most often been to create a government that is friendlier to the desires of American businesses or corporations – though we always have some sort of rationalization for our actions.

In “Excuses for War” I discuss many of the phony excuses that the United States government has used to lead us into war, including its Indian wars, the Mexican-American War, the Spanish-American War, and the Vietnam War.

In “The Roots and Consequences of U.S. Overseas Imperialism” I note or discuss our covert and overt illegal and immoral overthrowing of the sovereign nations of Hawaii (1893), Cuba (1898), Puerto Rico (1898), the Philippines (1899-1902), Nicaragua (1910), Honduras (1911-1912), Iran (1953), Guatemala (1954), South Vietnam (1963), Chile (1973), Grenada (1983), Panama (1989), Afghanistan (2001), and Iraq (2003).

In “The Meaning of U.S. Imperialism, Genocide and Militarism” I note U.S. perpetrated genocides, as described in “State of Darkness” by David Model, including our atomic bombing of Japan (1945), those perpetrated against Guatemala (1954), Vietnam (1954-73), Indonesia (1965), Cambodia (1970-75), Laos (1969-74), and East Timor (1975), and our two wars against Iraq.

Other atrocities include our invasion of Cuba in 1961; U.S. Marine invasion of the Dominican Republic in 1965 to put down a rebellion against their repressive right wing government; U.S. military support of Haitian tyrant and mass murderer, Francois Duvalier; and numerous brutal interventions in several Latin American and African nations.


Massive Income and wealth inequality

Inequality of wealth in the United States is truly astounding – and it is increasing at a fast rate. In the United States in 2001, 1% of the population controlled 38% of the wealth, whereas the bottom 40% owned just 1%. That means that, on average, individuals in the top 1% owned about 1,500 times more wealth than individuals in the bottom 40%.

The rising level of income inequality in our country recently exceeded the point where it stood just prior to the stock market crash of 1929, which led to the worst depression in U.S. history. There are many who see a connection between the income inequality preceding that depression and our current situation. This graph, which plots income inequality measured as the ratio between the average income of the top 0.01% of U.S. families compared to the bottom 90%, over time, makes that point.

I discuss the subject of income and wealth inequality here, here, and here.


The loss of the rule of law

During the Bush Presidency I often argued that he should be impeached for his many crimes. Now that he can no longer be impeached, I have argued that our Justice Department should prosecute him for those crimes, and if it fails to do so then the International Criminal Court (ICC) should step in.

While Bush was still President, President Obama weighed in against impeachment, saying that impeachment should be reserved for only the most serious crimes. Now that he is President he has thus far given little or no indication that he intends to have his Justice Department prosecute George Bush or any other high level Bush administration official for their crimes. But if widespread torture, an illegal war of aggression, spying on American citizens, suspending of the right of habeas corpus, and numerous other violations of our Constitution don’t constitute serious crimes, then what does?

What would people say if a prosecuting attorney failed to prosecute a rapist and murderer simply because he had high level political connections? Who would accept that? Then why when far more serious crimes are committed by a President of the United States are there so many people who seem to think that it is ok to sit passively by and make no attempt to hold the perpetrators accountable for their crimes?

I’ll tell you why. It’s like I said earlier in this post. Saying that a former U.S. President might be guilty of prosecutable crimes is simply against the rules of the GAME. Given that and the failure to hold the Reagan administration accountable for its Iran-Contra crimes, George Bush and Dick Cheney connected the dots and thought that they might be able to get away with just about anything. Testing that assumption by moving ahead with prosecutions might be politically risky for the Obama administration. The Republican Party would no doubt raise holy hell if there was an attempt to prosecute high level Bush administration officials.

Consequently, we live in country in which, protestations to the contrary notwithstanding, certain people are indeed above the law. That fact, taken together with all of the impediments to democracy discussed in the first part of this post, means that democracy and the rule of law in our country are in grave danger. Indeed, some believe that we narrowly averted a military coup perpetrated by the Bush administration.

The American people and their leaders need to reassess what our country stands for. Is our democracy important enough to take steps to remove the role of money in politics, reform our election system, break up the corporate monopoly on our news media, require government actions to be much more transparent than they now are, and dare to look more objectively at who we are and what we do? Can we give up imperialism and warfare for the sake a world in which nations live and work together to further the cause of peace and justice? Can we make our nation one in which all of its citizens truly have the opportunity for life, liberty and the pursuit of happiness? And do our laws apply to all people, not just to those who lack the political influence to avoid them?

If we think that these things are important we have a great deal of work to do, lest our country sinks into a tyranny from which it may never recover.
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Time for change
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