Constitutional Violations by Donald Trump

  Some conservative justices on the United States Supreme Court are threatening to change the Pennsylvania law on voting after the fact. Of the three separate branches of the Federal Government described in the Constitution, the only branch that is specifically empowered to do that is the congress. Article I section IV provides, “The time place and manner of holding elections for senators and Representatives shall be prescribed in each state by the Legislative thereof; but the Congress may at any time by law make or alter such regulations…” By all rules of interpretation, only congress can change state rules. The Congressional power is exclusive. Substituting the opinions of five justices for the decision of both houses of Congress concerning state voting rules shows a lack of respect for the founders of our country who thought otherwise. There are many other prudential rules, which should convince those justices to not give the election to Donald Trump. 1. They should care abo...

The house impeached Justice Samuel Chase in 1805. Chief Justice William Rehnquist in a scholarly book, Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson , details the charges against Chase. “He conducted himself in a manner highly arbitrary, oppressive and unjust” details are set out that critique his performance in a trial. Like the stacking of the court by leader McConnell, the impeachment of Chase had a political tone. The scenario to consider is: 1. Biden wins the presidency. 2. A majority of the court gives the presidency to Trump. 3. The Democrats retain the house = impeachment of one or more justices who ignore the traditional role of the states in governing elections. 4. The Democrats take the Senate = possible conviction of one or more justices.   See: Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson Copyright 2020 James J Brosnahan

  The public disgrace called gerrymandering is voter theft. It keeps legislative incumbents in power, discriminates against minorities, and to some extent accounts for the polarization of our democratic system. The scholarly verdict is in:  1. Candidates are less likely to run when their party has been disadvantaged by a districting plan.  2. Candidates, who do run, often are less qualified, because of lack of competition.  3. Supporters are less likely to contribute (for these three points see Stephanopoulos 2020),  4. There is partisan unfairness in district drawing, and distortion of representation, which has a modest pro-Republican impact, and it is deliberate (See Stephanopoulos 2018),  5. The prevailing party rigs the districts in their favor and reduces the other party’s power (see Kang).  6. Gerrymandering in seven states accounted for the Republican Party’s manufactured majority in the U.S. House of Representations following the ...

 This nonpolitical blog has been discussing President Trump’s unconstitutional acts. Today the questions for you are whether President Trump has demonstrated a willingness to be a dictator. If your answer is yes, what should your government be doing about that problem before it is too late? How can you help the retention of our democratic form of government?  Charles Montesquieu (1689-1755) the French philosopher was a major inspiration for the founders of our country when they drew up the Constitution and the first ten amendments. He opined that a government based on pure acts of will and whim would be dictatorial.               This blog has briefly discussed the following unconstitutional activities: 1. Refusal by Trump and Vice President Pence to assure a peaceful transition of power. 2. Discussion of a third term for himself that could only be done in violation of the constitution.  3. His use of troops on peaceful demonstrato...

  Last night the moderator asked Vice President Pence if there would be a peaceful transition. He refused to answer. Certainly, President Trump must have authorized Pence’s non-answer. You do not have to be an alarmist to be deeply worried that President Trump imagines the possibility of some kind of pretextual coup. The Constitution is clear. Unless reelected Trump is out on January 20th. There is no mystery about the length of his term. There is nothing cute about a Trumpian insinuation of unconstitutional seizure of the presidency. The muffled threat destabilizes our democracy.   It is clear there is nothing Vice President Pence will not do when the President commands it. The reader can ponder many questions:      Does this mystery undermine our national security?       What should the American generals be prepared for?       Finally, does this unconstitutional hide and seek show a lack of mental stability on the part o...

       President Trump’s invasions of American cities are often unconstitutional. The First Amendment protects, “the right of people peaceably to assemble and to petition the government for a redress of grievances.” The founders of our government were familiar with abuses of English kings who punished their people who demand reform. Trump is succeeding in frightening his base.       However, between May 26th and August 22nd, 93% of the 7750 surveyed demonstrations were peaceful and nondestructive. Every time a federal officer throws a tear gas grenade, pepper sprays, or shoots rubber bullets into a crowd peacefully demonstrating, it is a separate violation of the constitution.      Many lawsuits have been filed but they have not made a dent in President Trump’s invasion program. The most important question is what the remedy for aggrieved citizens is. Injunctions have been historically effective. Nevertheless, the federal troops wit...