Posted by dwlievert 3 years, 10 months ago to Politics
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As I have previously indicated, I have few illusions concerning Trump. He is, at best, an example of Rand’s conception of “the American sense of life.” He will “sense” what is the right course, but when that sense runs into entrenched and powerful “nonsense,” he will, very likely, quickly become “senseless.”

Nonetheless, as one might argue that much of Reagan’s 8 years enabled the buying of time, Trump’s tenure, of whatever duration, may likewise accomplish same - IF my following recommendation is successfully acted upon.

Mitch McConnell should immediately invoke the “thermo-nuclear option” He should institute strict majority rule on all matters before the Senate. He should then ask for a meeting with Paul Ryan and the President.

Together, they should formulate a plan whereby the House prepares a Bill to increase the size of the Supreme Court from 9, to AT LEAST 11 judges. Upon passage by both the House and Senate, the President should nominate 3 “strict constructionist” judges whose records of such constitutional reverence are thought to be unimpeachable.

As a relevant “aside” I would include judge Andrew Napolitano as one of the nominees, and perhaps look to his guidance for the selection of the other two.

Once confirmed and sitting on the Court, the benefits of this turn of events are multiple.

First, working with federal and state judiciaries, the Court will quickly be seen as an impediment to further assault on the intent and meaning of our political heritage of individual rights and responsibility, embodied by the Constitution and Bill of Rights.

Second, it would in turn, quickly be seen as the means for reversing the assault(s) that have already occurred. I envision a “streamlining” of the process whereby a particular case is placed on the Court’s docket.

Third, the change in what the Court could now reasonably be expected to adjudicate would result in the reassertion of Congress – particularly in the House, with its power of the purse, to further dismantle Leviathan.

Fourth, it would perhaps – and I underline PERHAPS, when the inevitable becomes the imminent and the economic SHTF, provide a legitimate source for “proper” (Constitutional) response by the governments of all the states as well as that of the Federal government.

Just as I have few illusions about the limits to “Constitutional governance” by Trump’s vague and unprincipled sense of life, so too I have few illusions about the outcome that such a dramatic change to our "judicial governance” would produce.

First, there is no certainty that existing judges will not get cold feet to go with their already “squishy” spines, and display intellectual/judicial cowardice in the face of the dismantling of much of Leviathan.

Second, would the military and the covert sectors of Leviathan quietly “acquiesce”? Would the citizenry?

Third, would such change precipitate the very destruction of our beloved America we are trying to prevent? Would it actually “bring it on” sooner rather than later? Of course, one can always make the argument that is precisely what needs to occur, with less “pain” now than will occur in the future.

These recommendations might thought to be subjects for debate and discussion except for one important consideration. We are running out of time. Given what we already know surrounding what Trump is likely to attempt, he may have, at a maximum, two years to attempt it. Unfortunately, he will likely have less.

That is because the same phenomenon that may occur wherein the current justices on the Court compromise their integrity, it may also occur within the Republican ranks in both Houses. Should that be the case, then Trump will only retain the power of “executive orders” to enact the values his sense of life might prescribe. I don’t know about the reader, but that thought strikes abject fear into my very soul.

A final and utterly delicious irony is embodied by my recommendation.

McConnell’s, Ryan’s, and Trump’s entire plan, if attempted, should be “credited” where credit is due. Both the legislation to expand the Supreme Court, and the part of it to institute strict majority rule in the Senate, can be attributed to two esteemed and powerful "pioneering" icons of the Democratic Party, Harry Reid and FDR!

How could any Democrat in good standing oppose the demonstrated insights and noble values of such revered “statesmen.”


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