78 Comments

Robert, your article on dark money and its link back to the five current members of SCOTUS (sworn in years ago) this evening gave me chills up and down my spine. The Citizen United amendment to the Constitution claiming money is free speech and corporations are "people" is, in my estimation, the close second worst evil to befall the Constitution with John Adams's claim that the two party system would be the worst evil to befall the Constitution. Citizens United is nothing but legalized bribery. I recommend the non-partisan organization WolfPAC to your readers. This group has been working across the states to get a Convention of States to overturn Citizens United through a Constitutional amendment proposed by a Convention of States since Citizens United is basically giving the foxes, e.g. members of Congress, the keys to the chicken coop. They would have no inclination to overturn it. So the alternative is a Convention of States -- a long process. Wolf-PAC on its webpage states: "Together, we will add the 28th amendment to the U.S. Constitution to END corruption and restore our representative democracy. Join the volunteer movement and let's make history!" https://wolf-pac.com/ They have succeeded in four states so far to pass a resolution in the state legislatures to hold a Convention of States. You need 38 states. I've worked with WolfPAC in doing citizen lobbying at the Texas capitol for a number of years. WolfPAC is a very rewarding group of concerned citizens taking action. I have enjoyed learning about and participating in the legislative process. This is one of the important keys in restoring democracy to America. It also shows how much damage the Roberts Court has done over a number of years in dismantling democracy. Citizens United became a part of the Constitution on January 21, 2010. https://www.brennancenter.org/our-work/research-reports/citizens-united-explained Seeing now how dark money is playing a leading role in dismantling the House is truly frightening. I hope some of your readers will be moved to take action in their states with WolfPAC! We, the People, all of us working to reverse Citizens United!!

Expand full comment

I am absolutely disgusted and underneath disgust is fear. What an impossible hurdle between electing a speaker and New York’s governor’s appointment of Judge LaSalle. What can an ordinary progressive thinking citizen for justice and human kind do to “right” the apparent direction this country is heading. Disaster is about to be unleashed.

Expand full comment
Jan 5, 2023Liked by Robert B. Hubbell

Not wanting to sound like a broken record, But Sen Whitehouse of Rhode Island has researched and spoken on the very issue of dark money controlling our country since Bret ‘the accused molester’ Kavanaugh’s nomination for a seat on the now stench court was debated in the senate ! We must beat this ‘ugly’ drum til our fellow Americans demand a law which overturns Citizens United decision! Which by the way was bought by……wait for it…..DARK MONEY!

Expand full comment
Jan 5, 2023Liked by Robert B. Hubbell

Robert, Here's the answer to the question about how unsworn in members of the House can vote for the Speaker. According to the government document: House Practice: A Guide to the Rules Chapter 33 Oaths p. 631:

"Until a Member-elect has subscribed to the oath, he does not enjoy

all the rights and prerogatives of a Member of Congress. Deschler Ch 2

Sec. 2.1. Members who have not taken the oath are not entitled to vote

or to introduce bills. Manual Sec. 300; 8 Cannon Sec. 3122. However,

unsworn Members have participated at the beginning of a session in

organizational business, such as the election of the Speaker."

https://www.govinfo.gov/content/pkg/GPO-HPRACTICE-108/html/GPO-HPRACTICE-108-34.htm

Expand full comment
Jan 5, 2023Liked by Robert B. Hubbell

I will cling to these words today ¨But it could have been far worse: Republicans could have won a working majority in both the House and Senate. We should be thankful we avoided that fate by performing better in 2022 than expected. We should also recognize how greatly our midterm victories diminished Trump.¨

Expand full comment

I hate seeing confirmation in this news that friends of mine in New York who said that Hochul was not what everyone outside New York thought she was - a "liberal" because she was a female Democrat (as they put it, "she's an upstate Democrat, that's different from a real Democrat").

Expand full comment

Heather Cox Richardson points out in her January 4, 2023 post on Letters from an American, "Plenty of Republicans who want to deregulate and cut taxes recognize that it is our democratic government and the rule of law that protects their investments, and that maintaining the government will take basic laws and the skills to negotiate and pass them."

DUH! Anyone elected to congress who doesn't get that fundamental reality isn't fit to govern, and if their strategy is too allow unelected "dark money" donors to make sub-rosa, backroom deals to subvert the will of the majority of Americans, then that makes them Fascists and worse. The mind boggling, dysfunctional Republican "caucus of chaos" you write so skillfully about makes it clear how important it is to bring the rule of law to bear upon the people who created this mess, namely, Donald Trump and his army of anti-democratic miscreants."

Meanwhile, as the wheels of Justice grind slowly on in that direction, a major transformation in consciousness among the radical Republican denizens of the Swamp is in order. While we wait for the legal miracle now in the hands of Special Counsel Jack Smith, Stephen Berg's post this morning looks like the best way forward. "Democrats have a unique opportunity to take advantage of the dysfunctional Republicans," he writes, "by showing the independent and moderate conservative Republicans and Democrats are in fact a better alternative than the legislative terrorists, and most importantly, their constituents who also are appalled by the terrorists' approach to politics."

Amen and Hallelujah!

Expand full comment
Jan 5, 2023Liked by Robert B. Hubbell

Thank you so much for drawing attention to New York and the warning bells re: Governor Hochul. In addition to making this very concerning judicial appointment, she is also refusing to replace Jay Jabobs, the extremely ineffective Chairperson of NY’s State Democratic Committee who appears to have been asleep at the wheel during the mid terms. Democrats CAN NOT take New York for granted. We need more national pressure on Hochul, especially as Lee Zeldin continues to get national recognition.

Expand full comment

Thanks Robert and all of you who have posted comments. This feels like WWll where there are wars on multiple fronts. This is where both centrist, moderate and liberal come together for a common cause, preserving democracy , critical thinking and building a future for those who come after us. So perhaps the present chaos makes those who put citizenship and fidelity to the constitution whatever part you belong to come together may be the opportunity here ( with a little help from our friends…Jack Smith are you there??!!)

Expand full comment
Jan 5, 2023Liked by Robert B. Hubbell

The extremist wing of the Republican party are clearly the barbarians at the gate, hell bent on destruction with no plan of governance or social order. Molotov cocktails rather than legislative motions give them agency. They now are engaged in a murder-suicide pact within the Republican Party, thankfully, deflected from enacting the very same plan on American democracy. May their continued intransigence and stridency simply cascade to their self-destruction, freeing us to find our balance again.

Expand full comment
founding
Jan 5, 2023Liked by Robert B. Hubbell

Expand SCOTUS. End Citizens United.

Expand full comment

House holdouts’ main purpose is to arrogate the inherent power of the Speaker to enhance their own minority position over any possible majority. For example, they want to be able to block an increase in the debt ceiling. There is an opportunity here for Democrats and less extreme Republicans to form a coalition and govern together. Will it be perfect? Of course not. Is it enforceable? Only within limits. But Democrats who oppose the idea in principle are only strengthening the hand of the Republican minority.

Expand full comment

Let's stop calling them the "Freedom Caucus." Let's name them"The Anarchists." The name is apt, and will be more so when The Anarchists steadfastly vote to cease raising the debt ceiling, thereby causing the United States to default on their borrowings.

Expand full comment

Democrats should not gloat over the Republican clown show because it eventually will get resolved and regardless who wins the speakers seat it will not be pretty. Democrats have a unique opportunity to take advantage of the dysfunctional Republicans by showing the Independent and moderate conservative Republicans that Democrats are in fact a better alternative than the legislative terrorists and most importantly their constituents also are appalled by the terrorists approach to politics. I don’t know why anyone would want today to be speaker in the Republican civil war.

Expand full comment
Jan 5, 2023Liked by Robert B. Hubbell

I'd like to recommend Alexandra Petri's OpEd in the WaPo this morning. https://www.washingtonpost.com/opinions/2023/01/04/kevin-mccarthy-house-speaker-election-satire/

Expand full comment
Jan 5, 2023Liked by Robert B. Hubbell

Has the minority party in the House ever won the Speakership? If I understand correctly that 218 votes are needed and the Democratic nominee has 212, what would happen if 6 moderate, level headed Republicans became so disgusted with this clown show that they voted for Jeffries?

Expand full comment