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!!
The problem with a convention such as you support is that there would be no limit to what it might do. Outlawing same-sex marriage or making the independent state legislature theory an explicit part of the Constitution come to mind. It is a prime case of Be careful what you wish for. Far better, as Robert convinced me a few years ago, to enlarge the Extreme Court and confirm justices who will overturn the reactionary decisions that plague us.
There is no limit what a constitutional convention might do, but any amendments it proposes must be ratified by 38 states--which means that 8 to 10 states with legislatures controlled in whole or part by Democrats must ratify a proposed an amendment. That is a fairly substantial obstacle to a runaway constitution.
A few years ago Republicans were advocating for a Convention of States to address term limits for Congress, federal spending restraints, and limiting the federal government to its constitutionally-mandated authority. There was discussion in Congress about how to limit such a Convention. I need to look for documentation on that... Yes, there is some danger in a rogue Convention of States but with 38 states needed to ratify whatever the Convention comes up with there is a pretty effective check on the process. Expanding the Court seems a weak and temporary solution that doesn't solve the problem in the long term. One thing I'd like to see is a mock Convention of States made up of Constitutional scholars like Laurence Tribe, etc. There are still flaws in the Constitution and I'd like to see what they would come up with a list of those flaws and their recommendations on how to fix them. I'd like them to address the Ninth Amendment and how the People make it clear what rights they have that aren't explicit named in the Constitution. In a couple of weeks I'm planning to have lunch with a friend who is the presiding judge who supervises the District Court Judges of a large region of Texas. A few years ago he told me that as long as the Rule of Law holds we'll be OK. I'd like to hear what he thinks on that now. I'd also like to hear what he would do about the Extreme Court. How would he address the Shadow Docket, etc. A large part of the solution seems to ask the Congress to do its job which is asking is probably asking too much in the current climate. I just hope there are solutions to making democracy work! We, the People, all of us this time living in a strong democracy.
I do understand the concern you bring up. I've heard it many times. In this case Wolf-PAC is making sure the same resolution is approved by every state so that the Convention is limited to that one purpose. Congress has addressed the issue of limiting the purpose of such a Convention. Of course I might add that the Constitution itself came out of a convention -- the Continental Congress -- to fix ... and replace the Articles of Confederation that weren't working. No matter what the Convention proposes it must still be ratified by three-quarters of the states. What has happened in most cases where a convention looks imminent is for Congress to write the Amendment so the convention is not necessary. Personally I feel dismissing a remedy for the People to fix the Constitution is taking away a necessary check on the Congress.
We also need serious reform of the rules for how corporations operate in this country. For example they need to demonstrate their benefit to the greater good of society. There are lots of great ideas out there for restructuring this legal entity.
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.
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!
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."
Hi, Cathy. Thanks for the link! See also this article by Michael Dorf, which refers to a federal statute that requires that the oath be administered by the Speaker prior to the commencement of any other business.
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.¨
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").
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."
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.
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??!!)
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.
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.
Are "moderate" Republicans not talking about this? Hell, if we cretins in Ohio could do it, surely there is a sufficient mass of House Republicans and Democrats that could and would engage in this conversation. On the other hand, how could they in good conscience and good judgement continue to vote over ten roll-calls for this farce-and-fart of a leader known otherwise as 'McCarthy"?
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.
Excellent thought. Correct labels are essential on all fronts in our quest to return to reality....Anarchists are leading the pack for Jan 6 and today in the House.
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.
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?
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!!
The problem with a convention such as you support is that there would be no limit to what it might do. Outlawing same-sex marriage or making the independent state legislature theory an explicit part of the Constitution come to mind. It is a prime case of Be careful what you wish for. Far better, as Robert convinced me a few years ago, to enlarge the Extreme Court and confirm justices who will overturn the reactionary decisions that plague us.
There is no limit what a constitutional convention might do, but any amendments it proposes must be ratified by 38 states--which means that 8 to 10 states with legislatures controlled in whole or part by Democrats must ratify a proposed an amendment. That is a fairly substantial obstacle to a runaway constitution.
A few years ago Republicans were advocating for a Convention of States to address term limits for Congress, federal spending restraints, and limiting the federal government to its constitutionally-mandated authority. There was discussion in Congress about how to limit such a Convention. I need to look for documentation on that... Yes, there is some danger in a rogue Convention of States but with 38 states needed to ratify whatever the Convention comes up with there is a pretty effective check on the process. Expanding the Court seems a weak and temporary solution that doesn't solve the problem in the long term. One thing I'd like to see is a mock Convention of States made up of Constitutional scholars like Laurence Tribe, etc. There are still flaws in the Constitution and I'd like to see what they would come up with a list of those flaws and their recommendations on how to fix them. I'd like them to address the Ninth Amendment and how the People make it clear what rights they have that aren't explicit named in the Constitution. In a couple of weeks I'm planning to have lunch with a friend who is the presiding judge who supervises the District Court Judges of a large region of Texas. A few years ago he told me that as long as the Rule of Law holds we'll be OK. I'd like to hear what he thinks on that now. I'd also like to hear what he would do about the Extreme Court. How would he address the Shadow Docket, etc. A large part of the solution seems to ask the Congress to do its job which is asking is probably asking too much in the current climate. I just hope there are solutions to making democracy work! We, the People, all of us this time living in a strong democracy.
I do understand the concern you bring up. I've heard it many times. In this case Wolf-PAC is making sure the same resolution is approved by every state so that the Convention is limited to that one purpose. Congress has addressed the issue of limiting the purpose of such a Convention. Of course I might add that the Constitution itself came out of a convention -- the Continental Congress -- to fix ... and replace the Articles of Confederation that weren't working. No matter what the Convention proposes it must still be ratified by three-quarters of the states. What has happened in most cases where a convention looks imminent is for Congress to write the Amendment so the convention is not necessary. Personally I feel dismissing a remedy for the People to fix the Constitution is taking away a necessary check on the Congress.
There are currently 26 republican states. I'm concerned if we were
to have a Constitutional Convention.
these red states would not ratify the
changes, such as Citizens United,
without an all out attack, if you will,
on the Constitution. These 26 red
states are half of the ratifications
needed and then there are the
state legislatures, like NY. There
are grass roots endeavors pushing
for Congress to abolish CU. It will
happen, without jeopardizing the
Constitution.
Tragically, if today’s political climate existed back in the late 18th Century, THE UNITED States would have never been formed.
We also need serious reform of the rules for how corporations operate in this country. For example they need to demonstrate their benefit to the greater good of society. There are lots of great ideas out there for restructuring this legal entity.
I will support and work with ‘the Wolf’!
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.
There is a “resist bot” text to oppose LaSalle. It is so easy to do! https://resist.bot/petitions/PYLLRY
Thanks. Did it.
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!
Honestly, between he and Katie Porter, I can’t decide whose white-board is better!
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
Hi, Cathy. Thanks for the link! See also this article by Michael Dorf, which refers to a federal statute that requires that the oath be administered by the Speaker prior to the commencement of any other business.
Did you leave out the link to the article? I don't see anything.
http://www.dorfonlaw.org/2023/01/what-constitution-has-to-say-about.html?m=1
Thanks.
Well then, Santosis is not entitled to his vote for Qevin!
Bam!
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.¨
So true.
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").
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!
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.
All New Yorkers can and should be calling Hochul and their legislators on this.
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??!!)
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 SCOTUS. End Citizens United.
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.
Are "moderate" Republicans not talking about this? Hell, if we cretins in Ohio could do it, surely there is a sufficient mass of House Republicans and Democrats that could and would engage in this conversation. On the other hand, how could they in good conscience and good judgement continue to vote over ten roll-calls for this farce-and-fart of a leader known otherwise as 'McCarthy"?
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.
Excellent thought. Correct labels are essential on all fronts in our quest to return to reality....Anarchists are leading the pack for Jan 6 and today in the House.
The "Anarchist Caucus." It has a certain charm, and dances on the tongue, like ghost pepper mixed with another man's spittle. I like it!
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.
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/
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?
Not sure if a member of the minority has won, but Speakers have been elected with a plurality, rather than a majority, e.g., 216 votes.
Robert does his homework!