Thoughts on Events the Week of June 25

Posted in Uncategorized by EloiSVM42 on July 1, 2018

Due Process: President Trump suggested we should deny due process to those wanting to cross our border from the South. This one really pisses me off.

I like my right to due process. Due process is among the most important pillars of our Constitution.  It’s so important, it is expressed in not one but two of our Amendments – the fifth and 14th. Remember this about due process: if it can be denied to one, it can be denied to anyone.

I think it was Thomas Moore who said something to the effect that if you brush aside all the laws to get at the devil and then the devil turns on you, behind what will you hide? The short answer is due process.

Our prick of a president will be glad to have due process one day soon, I suspect, and he, in my view among the most undeserving, must have it, because if he can’t have it then none of us can.

Justice Kennedy resigned from the Court: I’ve never thought much of Kennedy on the bench. He had no grounded legal philosophy. He was a gadfly.

As the proverbial “swing vote,” which he enjoyed too much, he paled ghostly in comparison to his predecessor in that role – Justice Sandra Day O’Connor.

In retrospect, one of the mistakes our Founding Fathers made in writing the Constitution was to appoint Supreme Court Justices for life. It was done to protect them from political pressure, which is a good idea, but “for life” is too imprecise a term. In 1789, life expectancy was a mere 36 years! The FFs couldn’t foresee a Court filled septuagenarians, octogenarians and even – like the Notorious RBG – a nonagenarian.

A Supreme Court term should be set for a finite period of time, say 10 years, the length of two presidential terms, plus two, which assures some overlap.

Keep in mind that the Supremes are somewhat isolated from the general public, and we generally become more conservative as we age (though I haven’t). Kennedy was an extremely hidebound man in his last year or two on the Court. He voted with the conservative majority in every 5-4 decision in the Court’s last term, which ended Friday. He is clearly out of touch with the times, with the notable exception, it must be admitted to individual rights.  In most other regards, he lagged a century, even two, behind.

I, like everyone else paying attention, have some thoughts on the political as well as judicial implications of Kennedy’s retiring. I’ll write them down in the next week or two.

Harley Davidson moves on: The iconic motor cycle company is moving some of its operations out of the U.S. to avoid the retaliatory tariffs the EU has placed on it in response to Trump’s impulsive, ill-advised tariff initiation. It is really pissing Trump off, which is fun, but the only good thing about it. It is, in fact, a cautionary event, and perhaps a harbinger of the kind of thing that can happen when trade wars erupt, which easily get out of hand.

I doubt this move was made solely for the reason Harley stated. The U. S. is a mature market for Harley. Every redneck has one. Its growth potential is abroad, and it has competitors. It made a practical business decision that may well have occurred with or without the tariffs. Harley certainly wasn’t going to let Trump screw things up for it by adding a couple thousand dollars to the price of a Harley in foreign markets, Trump and his base be damned.

Person of Interest: Alexandria Ocasio-Cortez, who ousted Democratic incumbent Congressman Joe Crowley in New York’s 14th District in the state’s recent primary elections. Crowley is an out of date fossil, but still it took a perfect storm of circumstances for Ocasio-Cortez to win. She is a relative unknown, and making her first bid for elective office. This was an improbable upset.

But, I have listened to her speak several times, and she is obviously extremely intelligent, eloquent and a very mature thinker for a 28 year old. She is a social democrat, a political philosophy close to my own. I hope the best for her.

Status of the States: Oklahoma keeps the worst state cup until EPA Director Scott Pruitt is gone.

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