Showing posts with label election. Show all posts
Showing posts with label election. Show all posts

Tuesday, September 29, 2020

Challenging Licensed Attorney Requirements for Elected Positions on 6th and 9th Amendment Grounds

      According to page 56 of the Illinois State Board of Elections's 2020 Candidates' Guide, candidates for State's Attorney for counties in Illinois are required to be licensed attorneys.

     However, I believe that it's possible that that requirement could be challenged; on the grounds that it violates either the Sixth Amendment to the Constitution for the United States, the Ninth Amendment, or both.

     I believe that the state doesn't have the authority to require a license in order to run for, or be seated as, the position of state's attorney, because the state doesn't have the authority to require a license in order to practice law in the first place.


     The Sixth Amendment recognizes a right to self-representation; i.e., the right to defend oneself in court. However, that right is not unlimited (in the eyes of the law), as the right applies only at trial, for criminal suspects, and not on appeal.

     Still, in civil proceedings, you are required to represent yourself. A state's attorney or district attorney would be representing the state, the public, and alleged victims of criminal misdeeds, rather than himself, of course.

     But my hope is that the legitimacy of licenses for attorneys (and professional licensing monopolies), in the first place, is what matters here, rather than the legal venue or the type of law being practiced.


     If there's any precedent that supports the idea that defending yourself in court – and exercising your right to self-representation - in any way counts as "practicing law", then it's possible that it could be successfully be argued that courts should find that nobody can be prevented from practicing law on account of lack of a license.

     Especially considering that, if a person cannot be prohibited from acting as his own attorney in criminal proceedings, there should be no reason why the same person should be prohibited from representing himself in any venue.


     Moreover, the 9th Amendment says that "the enumeration in this constitution of certain rights shall not be construed to deny nor disparage certain rights retained by the people". This has been interpreted to mean that the mere fact that a right isn't listed in the Constitution, doesn't necessarily mean that it isn't one of our rights.

     If something can't be done without a permit, then it's not a real right or a freedom; instead, it's being done by permission and privilege. The 9th Amendment recognizes our freedom to retain our freedoms, despite the state's efforts to turn those freedoms into paid privileges, which it sells for profit, and from whose sale it has the exclusive right to profit.


     Because of this problem – the turning of freedoms into privileges - the people should (and do) have a right and a responsibility to limit the state's authority to require a license or permit, in order to exercise a certain right, or to work in a certain profession.

     Because our limited right to represent ourselves in court without a lawyer is recognized, the idea that the state can or should require anyone to have a license in order to practice law, should be thought of as ridiculous, and as an obvious violation of the natural right to defend oneself in court.


     Requirements that a person must be a licensed attorney in order to run for, or be seated as, a state's attorney or district attorney, should be challenged on 6th and 9th Amendment grounds.
     The ability and skill which is necessary to determine whether a person should be charged with a crime, and whether a grand jury should be convened, results from the same types of learning, education, research, and training, which any person with a functioning brain are capable of doing from the time they become able to read; including persons who may be charged with crimes in the future.

     According to my interpretation, the 9th Amendment implicitly recognizes a pre-existing natural right to enter any profession (or, at least, to attempt to; so non-attorneys should at least not be precluded from running), and the 6th Amendment recognizes a pre-existing right of criminal suspects to defend themselves in court.


     There is no particular reason why anyone – criminal suspect or prosecutor alike - should not be able to act as legal counsel, provided that they comprehend the law of the relevant jurisdiction well enough. States can decide that the matter of how well they comprehend the law should be decided through a bar examination, but states could just as well decide that the people should be free to make that determination on their own, through an election.

     As long as the position is publicly elected, in an election that is transparent enough to allow voters to make a thoughtful judgment about whether the person is qualified to charge criminal suspects, the people should have the right to make that decision, instead of implementing attorney licensing systems. After all, the governor is not required to be a licensed attorney. So, then, why should the state's attorneys – whom are in lower executive positions than the governor – be required to do the same?
     It is each state's decision how (or whether) to regulate the licensure of attorneys, if they choose to require them to be licensed. But no state is obligated to license attorneys, because of the contents of the 9th Amendment (rights found in Constitution may not disparage other rights retained by the people) and 10th Amendment (“states' rights”).




Inspired by the ideas of a candidate for State's Attorney of Lake County, Illinois,

who wishes to remain anonymous




Written on September 24th, 2020

Edited and Expanded on September 29th, 2020

Published on September 29th, 2020

Wednesday, July 29, 2020

How the President is Actually Elected, and Where You Can Vote for Third Party Presidential Candidates in 2020

     Incumbent president Donald Trump of the Republican Party will almost certainly be his party's nominee for the presidency in 2020. The Republican Party Convention hasn't been held yet, but that's almost certain to be the case, as it has been decades (28 years) since an incumbent Republican president has faced a significant challenge during a re-election campaign.
     The Democratic Party, and presumptive nominee Joe Biden, face a similar situation. However, it's remotely possible that Biden could fail to secure enough delegates on the first round, which could result in the nomination of Bernie Sanders.
     Still, that the Democratic Party will nominate Biden, and the Republican Party will nominate Trump, seems inevitable.

     Many Americans are upset that the president is not elected democratically, and that the candidate with the most votes does not always win, and that this "Electoral College upset" has been the case more and more often over the last twenty years.
     In a recent interview for an internet podcast, Ralph Nader, the Green Party's presidential nominee in 2000 and 2004, made reference to the Electoral College, in a manner which, to me, suggests that he does not understand how it works. In the interview, Nader was referring to either the 2016 presidential election, or else all elections in which the Electoral College elected a candidate who did not win the popular vote. Nader said something like "the Electoral College kicked in" because the winner of the popular vote didn't win the majority of votes in enough states to become president.
     I suspect that Nader is either confused, doesn't fully understand the process, and/or has been distracted by his desire to build support for the Interstate Popular Vote Compact, to accurately portray how, and when, and under what circumstances, the Electoral College works. (Note: The Interstate Popular Vote Compact is a compact between states which desire to make it legally binding upon Electoral College electors that they must support whichever candidate received a majority of votes in each state.)
     By saying "the Electoral College kicked in" after the "popular vote winner" didn't win enough states, Nader is - intentionally or not - misleading voters into thinking that the Electoral College doesn't always meet, and that it only meets when the "popular vote winner" doesn't win enough states.
     Whether Nader understands how the president is elected or not, there is no such thing as a "popular vote winner" of the presidency. Or, at least, there is, if you want to measure things that way. But as far as constitutional law - the framework for our government, which outlines the structure of our elections - is concerned, the "popular vote winner" does not matter, and for all intents and purposes, does not exist. The Electoral College elects the president, not the people.
     If there were such a thing as a "popular vote winner", then Hillary Clinton would be President of the United States right now, or she would be some sort of bizarre co-president. Donald Trump was inaugurated on January 20th, 2017, because he won the Electoral College. The Electoral College that meets every four years - in early December, about a month after the election - regardless of who wins "the popular vote"
     I'm not saying that things have to be this way, I'm simply saying that this is currently how the president is elected. We can amend the Constitution to change that process any time we want; any time we get enough public support to change presidential elections in some particular way. That will require time, effort, coalition-building, and political willpower. But if a significant majority of the people think that it's acceptable for the president to be elected by a narrow majority, or a narrow plurality, of popular votes, then that's fine; it just requires a constitutional amendment before presidential elections can be run that way.
     Just keep in mind that, if the popular vote elects the president, we will have a brand new problem (which is just the same old problem in disguise): the problem of pluralities. If four people run for president, and each receives 40%, 30%, 20%, and 10% (as was the case in the election of 1860), then the candidate who won 40% will become president without receiving a majority of the popular vote. And that, in its own way, is just as anti-majoritarian as the way the Electoral College allows states to override the majority. Which leaves us back at square one.


     Fortunately, thanks to Amendment XII to the U.S. Constitution, there is a process which allows a "third party" or "independent" presidential candidate to win the office, if both Biden and Trump fail to capture the 270 electoral votes needed to win the presidency.
     It is possible for a “third party” candidate to stop both Biden and Trump from getting the 270 electoral votes necessary to win the presidency, forcing a second round of voting in which each state would have one vote and could choose from among the top three electoral college vote-getters.
     We shouldn't even be calling these parties “third parties”, because of how many American voters keep insisting “third parties can't win”. “Third parties can't win”? Not with that attitude, they can't! Third parties can't win if you won't vote for them.
     Calling the Libertarian Party and Green Party “third parties” suggests that they're third-rate, or not viable. That is not the case. The proper term is “minor party”, meaning a party that has not yet received 5% of popular support in a previous election in any given area. If a party has ever gotten more than 5% of the vote in any county in a state, then it is considered a major party in that state.
     We cannot say that we have fair and open elections, if we don't allow a third, a fourth, and a fifth voice into the presidential debates (which are now controlled by the Commission on Presidential Debates, made up of the former heads of the Democratic National Committee and the Republican National Committee).
     We need more options.

     Luckily, there is an even easier way to elect a Libertarian, a Green, a socialist, a Constitution Party candidate, etc., to the White House. Twelfth Amendment tactics are not necessary! It's simpler than you might think.
     All that a “third party” candidate for president has to do to win the presidency, is receive a majority of the votes in about 25 or 30 of the states in which they've achieved ballot access. That's it!
     And guess what: It's already possible for the Libertarian Party and the Green Party to win, because each of them has achieved ballot access in more than 30 states! Moreover, each the L.P. and G.P. will probably achieve ballot access in somewhere between 45 and 50 states between now and Election Day (November 3rd, 2020), as they have done during the last several presidential elections.
     So there's still hope! If a Green or a Libertarian wins a clear majority in more than half of the states, or in about 20 of the higher-population states, then as long as the electors in the electoral college respect the majority's vote, that candidate will be elected president by the Electoral College.

     Below are two maps which show the states where American voters will be able to choose the Libertarian nominee (Jo Jorgensen) and the Green nominee (Howie Hawkins) for president at the ballot on November 3rd, 2020.








The Libertarian Party presidential nominee
had ballot access in 36 states and the District of Columbia
as of the last week of July 2020.


Source:







The Green Party presidential nominee
had ballot access in 25 states and the District of Columbia
as of the last week of July 2020.




Green = states in which Green Party presidential nominee Howie Hawkins will be on the ballot

Red = states in which the Green Party is still petitioning to get on the  ballot

Orange = states in which Howie Hawkins will be a write-in candidate


Sources: Green Party website




This information is presumed accurate as of the last week of July 2020.
.






     To be clear: I stated above that if a candidate receives the majority votes in enough states, then that person will probably become president. That is, if the Electoral College voters abide by that decision. They don't have to.

     You see, each state is allowed to run its presidential election the way it prefers, and to allocate its Electoral College votes in any manner it pleases. That includes each state's right to decide whether to allow, or else punish and impose a fine upon, “protest votes” in the Electoral College. Electors who cast such “protest votes” are called “faithless electors” (but only if they go back on their pledge to support a given candidate).
     There are currently 18 states which do not impose any fine or punishment upon faithless electors: Idaho, Utah, South Dakota, Kansas, Texas, Iowa, Missouri, Arkansas, Louisiana, Illinois Kentucky, Georgia, West Virginia, New York, Pennsylvania, New Jersey, New Hampshire, and Rhode Island. In all other states, state laws may either require a delegate to keep his pledge, or provide for the replacement of a delegate who becomes a faithless elector, or provide for a fine to be imposed upon the elector for attempting to break his pledge.
     What this means is that, theoretically, Electoral College electors in all of those 18 states could decide that they want to “sabotage” the vote, by choosing some candidate who didn't win the majority in their respective states, and they couldn't get punished. That candidate would have to receive a majority of votes in only a couple states besides those 18, to win enough Electoral College votes to win the presidency. Such a candidate could pass 270 votes by adding together their “legitimate” votes to their so-called “illegitimate” - but nonetheless legal - faithless elector votes.
     And voilà! There's yet another way a third party candidate could become president.

     The power of states and the Electoral College, are not the only “threats” to the “majority popular vote” method which many desire for electing the president. The power of faithless electors to vote for a candidate who did not win the majority in that delegate's state, could, in fact, be perceived as a threat to both the “popular vote” and the “states' rights” approaches.
     But when both major party candidates are corrupt, we have to consider radical approaches, such as refraining from punishing faithless electors who refuse to cast their vote for someone they don't believe is competent to assume the office of the presidency (the highest executive office in the land).      And we have to consider radical approaches such as electing a “third party” candidate to the White House.

     Here are two maps about faithless electors. The first shows which states faithless electors can and cannot break their pledges without being punished. The second shows that five other candidates received Electoral College votes in 2016; in addition to Hillary Clinton and Donald Trump.



Map showing the legality of faithless electors





2016 Electoral College results,
showing that seven candidates
won Electoral College votes, not two




     Has anybody ever seen this map before? Most Americans haven't.
     How is this possible, when all we saw on CNN and FOX and MSNBC were red and blue maps? They were reporting the popular votes in each state. The Electoral College - where the president is actually elected - met a full month later, and some electors were free to pick people who weren't even running. That's the truth!
     The major media networks don't tell us this, because 1) they think it's too complicated for the average voter to understand; 2) it's time-consuming to explain; and 3) they don't want to remind American voters that they're not the actual people who pick the president, we actually elect people who elect the president.





     All of this begs the question: How many of us can say that we were taught the whole truth, in school, about how the president is elected in this country? How many of us knew that the people don't elect the president; they elect people who elect the president? That the Electoral College meets every four years, regardless of what happens with the popular vote?
     How long will this country last, if our government is so complicated, that we can't even teach our children how it works, because it doesn't work?

     If enough Americans who can't stand Biden or Trump, can choose either Jorgensen or Hawkins or some other candidate to rally around, then it will be possible for that candidate to win the 30-45% of the popular vote which will be necessary to receive in most states, to pull off a clear victory. 
     That will be especially easy to do, if either Jorgensen, Hawkins, or some other candidate, garners much more public support than all of the other third party candidates, and blows their own competition for "lead third party candidate" out of the water.
     I have my own opinion about whom that candidate should be, but it is ultimately up to the public.
     One way or another, one of the candidates opposing both Biden and Trump must become president, or corruption will continue to reign, and the republic will risk being lost forever.
     This may be our last chance.

     Please visit thegreenpapers.com to find the full list of candidates running in races in your area (including the president).
     Research Libertarian Party nominee Jo Jorgensen, Green Party nominee Howie Hawkins, Party for Socialism and Liberation nominee Gloria LaRiva, Constitution Party nominee Don Blankenship, Prohibition Party nominee Phil Collins, independent candidates Vermin Supreme and Kanye West.
     Find out whether each of them will be on the ballot in your state, and then go to the polls on November 3rd, 2020 and vote your conscience. As former Libertarian Party presidential nominee Gary Johnson has said, "The only wasted vote is a vote for a candidate you don't believe in."





Addendum (added on August 6th, 2020):

     On Monday, July 6th, 2020, N.P.R. reported that the United States Supreme Court upheld state laws that punish faithless electors (which are also known as Hamilton electors, named after Alexander Hamilton).

     However, the fact that the court made this decision, does not mean that states must pass laws that punish faithless electors.

     It is also important to note that, according to Article II, Section 1, Clause 2 of the U.S. Constitution, each state legislature determines the manner in which delegates are selected and appointed:

     “Each State shall appoint, in such Manner as the Legislature thereof may direct, [emphasis mine] a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”







Written and Published on July 30th, 2020
Updated on July 31st, 2020
Addendum Added on August 6th, 2020

Saturday, June 27, 2020

Support for Libertarian Candidate Gary Johnson in Illinois in 2016

     The map below was created by James Borden, the former chair of the Libertarian Party of Lake County, Illinois. It was created online, in late April 2017, by James Borden, with the help of an unknown volunteer from the Illinois Libertarian Party (possibly Jeni Floyd).
     The map was inspired by a hand-drawn map of the same statistics (except with more details) which I created in early 2017.


Click, and/or open in new tab or window, to enlarge

Map created in late April 2017







Click, and/or open in new tab or window, to enlarge

Map created in early 2017





Article originally published, with only the first image included,
on June 27th, 2020.

Second image added to this blog entry on August 21st, 2020.

Thursday, June 25, 2020

How a Green or Socialist Presidential Nominee Could Win the Electoral College

     The map below shows how a Green Party presidential nominee, or the presidential nominee of a socialist party, could win the electoral college.
     In the map below, which was created on http://www.270towin.com/, Republicans are shown in red, Democrats are shown in blue, and Greens (or socialists) are shown in green.

     I believe that this is one of the most likely scenarios allowing a Green nominee to win the presidency. That candidate would have to win a simple majority - not even 50% plus one, that candidate just has to get more votes than any other presidential candidate - in each of the respective states shown in green.

     The reason why I believe that this is one of the most likely scenarios which would allow a Green nominee to win the presidency, is because of the three assumptions I have made in order to create this graph. Those assumptions are:
     1) Donald Trump will be nominated by the Republican Party, and he will win the same states he won in 2016, except for states he would lose to the Democratic and Green candidates as the result of a viable Green candidate entering the race;
     2) Joe Biden will be nominated by the Democratic Party, and he will win all states that Trump and the Green nominee do not win; and
     3) whomever is nominated by the Green Party in early July (most likely Howie Hawkins) will win the set of states whose voters came out the strongest for Jill Stein (the Green Party's 2016 nominee), but only as many of them as would be necessary to add up to 270 or more.
     This may be an unlikely set of assumptions, but that is what it will take to produce a Green Party or socialist victory in the Electoral College. The statistics which I ran, show that Wyoming, Iowa, Ohio, and New Jersey would be the most likely to end up as "swing states", but it's also likely that virtually all of the states shown in gray and blue, could end up being "swing states".
     To put that another way, support for Biden and the Democratic Party would shrink drastically, if the top two contenders for the presidency turned out to be Donald Trump and Howie Hawkins (or Dario Hunter, the second most viable candidate in the Green Party's primaries).
     To take the Electoral College, the Green Party nominee would have to win all of the states shown in green, plus at least one or two of the states shown in gray (or, if not those, then one or two of the states shown in blue).




Image created by Joe Kopsick on June 25th, 2020





     The image below was used to create the set of statistics, regarding support for Jill Stein in each state, which were used to predict the viability of a Green Party candidate in 2020.



Image not created by the author of this blog



     Percentages of support for Trump, Hillary Clinton, and Libertarian Party nominee Gary Johnson - but not Jill Stein - can be viewed at the following link:
     Information regarding support for Donald Trump in each state, was taken from the above link, in order to calculate the states most likely to turn out for Trump in the event that the Green Party wins the Electoral College by increasing support in all of the states in which Greens are already supported the most per capita.



     The 2020 Green Party National Convention will be held from July 9th to 12th, in Detroit, Michigan. The nominating convention will begin at noon Eastern Time on Saturday, July 11th, and it will be broadcast live.
     That means we will know that afternoon who the Green Party's 2020 presidential nominee will be, and the stage will be set for the presidential race (the Constitution, Libertarian, and P.S.L. parties having already chosen their candidates; Don Blankenship, Jo Jorgensen, and Gloria LaRiva respectively).








Written and Published on June 25th, 2020

Sunday, May 24, 2020

Libertarian Party Nominates Dr. Jo Jorgensen for President, by Joe Monack

Libertarian Party Nominates Dr. Jo Jorgensen for President

by Joe Monack

Written on May 23rd, 2020





     On Saturday, May 23rd, 2020, the Libertarian Party nominated Dr. Jo Jorgensen for president at a virtual convention with about 1,000 delegates from 50 states and D.C. 

     After several rounds of runoff voting, Jorgensen received 51 percent to secure the nomination for president. Other candidates seeking the nomination at the convention were Adam Kokesh, Jim Gray, John Monds, Vermin Supreme, and Jacob Hornberger. (Congressman Justin Amash of Michigan said he was going to run but dropped out before the convention began.)

     Jorgensen was born in Libertyville, IL in 1957. She got her Bachelor's in psychology at Baylor and then an MBA from Southern Methodist University. Finally, she earned a Doctorate from Clemson where she is now a senior lecturer of psychology. She was the Vice-Presidential candidate of the Libertarian Party in 1996, running on a ticket with Harry Browne.

     Jorgensen is the Libertarian Party's first female presidential candidate in its history of elections dating back to 1972. She is considered more moderate/pragmatic than others in the party -- a feature that could theoretically dampen her support among some purists, but could also bring in more mainstream voters who dislike both Donald Trump and Joe Biden. For example, Jorgensen does not argue that we need to totally eliminate government, like an anarchist would, but that, "We have got to cut the size and scope of the government." 

     Despite being seen as somewhat moderate for a Libertarian, she is still less "statist" (that being the use of government to attempt to solve problems) than the two major parties' candidates. She called the government's response to coronavirus “the biggest assault on our liberties I’ve seen in my lifetime" and opposes government bailouts for businesses, unlike Trump and Biden. The Libertarian Party is sometimes described as socially liberal, economically conservative, although many describe themselves as consistently for liberty or consistently against government meddling.

     Her running mate will be chosen on Sunday as the convention continues for a third day. There may also be a vote on whether to make the porcupine the official mascot of the Libertarian Party, although that's still up in the air.

     For more information on Dr. Jo, visit her website.  http://joj2020.com/





















Update (written on May 24th, 2020):

Spike Cohen won the VP nomination.





Written by Joseph Monack on May 23rd and 24th, 2020

Published to this site on May 24th, 2020
with permission from the author

Tuesday, May 12, 2020

Monday, May 11, 2020

Political Questionnaire: Are You a Joe Kopsick Voter? #1


Click on the above image in order to view it in greater detail




Designed and Published on May 11th, 2020
Edited on May 13th, 2020

Based on Notes from a March 7th, 2020 post titled
"Trump vs. Biden vs. Bernie Sanders vs. Joe Kopsick on the Issues"

which can be viewed at the following link:

Wednesday, May 6, 2020

The Political Spectrum, According to the Average American Voter

     The following image is a representation of how the average American voter must think politics works, if the way Americans vote is any indication of what they believe about politics.

     When a politician is anything but an establishment Democrat, an establishment Republican, or something in between, it seems almost as if that politician will be likely to be described and criticized as members of the far-left (socialists, Russians, etc.), the far-right (fascist, Nazi, etc), anarchists, or even all of the above at the same time.

     Although there are ideologies which could be described as far-left, far-right, and anarchist at the same time (such as Anarcho-NazBol, certain fascistic developments upon Mutualism, and others), these only represent only a very small portion of the political ideologies which exist in addition to partisan democracy and partisan republicanism.

     A person is not necessarily an Anarcho-Commie-Nazi just because they are not a traditional Democrat or a traditional Republican.

     This post was inspired by the criticism which has been leveled at the likes of Ron Paul and Bernie Sanders over the past 13 years; with each being described, at various times, as a racist, a communist, and an anarchist. This post is also a commentary on how some people seem to act almost as if voting for third parties and independents were somehow illegal.






Image Created on January 22nd, 2020
Originally Published, and Introduction Written, on May 6th, 2020

Wednesday, November 13, 2019

2020 Democratic Primary Predictions

     The most difficult states to predict are now, and will likely remain, California, New York, New Hampshire, and Iowa.

     I predict that California and New York will be close contests between Joe Biden and Elizabeth Warren, Iowa will be a close contest between Elizabeth Warren and Pete Buttigieg, and New Hampshire will be a three-way contest between Biden, Warren, and Sanders.

     If I had to guess, I suspect that Biden will take California and New York. It would be difficult to guess which state will be a closer call, but I believe that if Warren is more likely to take California than New York. I also suspect that Warren will beat Pete Buttigieg in Iowa. New Hampshire is virtually impossible to predict at this point, but if I had to choose, I think it's likely that either Biden or Warren will beat Bernie Sanders in New Hampshire (probably Biden, a little more likely than Warren).

     The map below depicts my predictions for the primary, if forced to choose who I think will win in all states (including states which I believe will be toss-up states).

     This makes the 2020 primary an almost certain win for Joe Biden. Even if Elizabeth Warren manages to take all four toss-up states, she will still trail Biden by about a thousand delegates (unless she somehow manages to pick up at least eight or ten states which I expect Biden to win).

     Please visit the following link to learn about how delegates will be allocated in the 2020 Democratic primaries:
     http://www.270towin.com/news/2019/04/23/updated-democratic-primary-map-pledged-delegate-counts_784.html#.XczkHldKhPY



Written, and maps created, on November 13th, 2019
Published on November 13th, 2019

Map created on mapchart.net
Predictions based on November 2019 Democratic primary polling,
especially those compiled by realclearpolitics.com

Friday, November 2, 2018

Thoughts on Immigration, Racial Violence, the 2018 Elections, and the National Debt


     On November 2nd, 2018, I attended a round-table political discussion at the Highland Park Recreation Center in Highland Park, Illinois. Ralph Bernstein moderated the event, and e-mailed his questions to attendees prior to the event. Below are my responses to the questions I cared to answer.



Question #1
     President Donald Trump says he wants to order the end of the constitutional right to citizenship for babies of non-citizens and unauthorized immigrants born in the United States. The 14th Amendment provides that anyone born in the U.S. is a citizen. Can a president, by executive order, change a provision of the constitution? What about changing the First Amendment regarding the press? Are such orders constitutional? If so, what does that do to the presidency, make the president “all powerful?” He has also said he wants to change the 22nd Amendment to allow a term for the president to be 16 years.


Answer #1
     Amending the 14th, or 1st, amendment to the Constitution, cannot be done by the president. That is the executive-branch equivalent of “legislating from the bench”; legislation is Congress's job. Executive orders only allow the president to make minor recommendations as to how the law should be enforced, not to dictate what the law is. Amending an amendment requires the approval of majorities of Congress and 3/4 of the states to approve.
     If your goal is to stop aristocrats' and diplomats' children from becoming American citizens and having too many privileges, then you should be looking at the Emoluments Clause, not birthright citizenship. I'm worried that if Trump goes after birthright citizenship, the next thing he'll do is make it easier for the U.S. government to recognize titles and honors from foreign governments. As well as continuing to do business with governments after you've formed a political campaign; continuing down this route will likely result in a “post-game” rationalization of the legality of what the Trump campaign may have done in coordination with Russians.
     The current birthright citizenship controversy has nothing to do with keeping our country safe, and it has everything to do with cementing Trump's control and giving him dictatorial powers, which will eventually result in any and all citizens (even those born here to citizen parents) being deported, for any cause the president wishes.



Question #2
     When the president uses the word that he is “a nationalist,” what does he mean? Some say it’s a “dog whistle” about” white supremacy” others say it’s just a patriotic expression. Is it better to be a “nationalist” as the president says, or is “globalism” a better way to think? Your thoughts?


Answer #2
     I believe that Trump uses the term “nationalism” for several reasons: primarily to evoke patriotism, and to promote the idea of “American exceptionalism”. Trump wants you to think he believes all nations should put their own interests first (over other nations), but I think he's only referring to the nations he likes; specifically, the white-majority ones. Many worry – rightfully, I think - that “globalist” is being used as racist code for “Jew”.
     It's not wrong to be patriotic, or to put your country's needs before the needs of other countries. But Trump's brand of nationalism takes a perfectly good principle – from an economic school of thought called mercantilism – which says “each country should sell what it makes best”, and he adds an unnecessary social element to it. He attaches the idea that human beings are mere “products” of their home countries, and if you look at his “Mexican rapists” comment, he promotes the idea that these people's governments are deliberately sending everyone who's coming, and sending their worst. Which makes them look like tools, with no free will of their own. This is not only dehumanizing to foreigners, it also disparages America because it denies that an immigrant would have any reason of their own to come here, like freedom or opportunity (which we barely even have anymore).
     Globalism and nationalism, each, have good and bad things about them. I encourage you to look up the term “alter-globalization”. Rather than being simply anti-globalist, alter-globalization favors free travel, free exchange, and integration of economies across the globe; but without endorsing global governance, imperialism, centralization, command-and-control economics, or government-directed so-called “free” trade.
     Real free trade is possible, and if Trump wants zero tariffs, then he should eliminate them, instead of trying to bully, mock, intimidate, confuse, and humiliate foreign leaders into lowering theirs first.



Question #3
     There are thousands of persons who are in Mexico walking to the U.S. border. The president has said he will deploy 5,200 active-duty troops to the border, in what officials of his administration described as a necessary national security measure. Is the deployment necessary or not? Can the military prevent these persons from crossing the border? What about a claim for amnesty by any of such persons? What would be done in this event?


Answer #3
     I support amnesty for all migrants of whom there is no reasonable suspicion of having committed a corpus delicti crime against real persons who can claim victimization, or against their justly acquired property (please note that I did not say "legally" or "legitimately acquired property").
     The notion that non-citizen undocumented immigrants and the children of foreign nationals have less rights (or no rights at all) while in the United States - predicated on the 14th Amendment's clause reading "and subject to the jurisdiction thereof" - implies that immigrants are not subject to American laws either, which would imply that they cannot be legally deported. This argument against birthright citizenship is self-defeating; anyone on U.S. soil, including at an embassy, can, and of right ought to be able to, apply for U.S. citizenship. Foreign nationals may even be entitled to taxpayer-funded legal representation, so it would not even be accurate to say that their legal rights are fewer or lesser than those of U.S. citizens (at least not in a legal, technical sense; this is not to say that immigrants' legal rights are never ignored, quite the contrary).
     The deployment of troops at the border to stop the migrant caravan from entering is unnecessary. Additionally, the use of military officers to enforce domestic policy is martial law, and the use of federal officers to enforce domestic policy is unconstitutional.
     The Posse Comitatus Act reads in part, “it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress...”.
     Subsequent modifications of that law have resulted in the designation of terrorist groups as people whom the president has some authority to dispatch federal troops to act against. That is why it is being claimed that members of al-Qaeda are present in the caravan. Not only is there no evidence of this, the influx of Honduran immigrants can be attributed to the C.I.A.'s recent backing of a coup there; this is just more of “America's chickens coming home to roost”, we only have ourselves to blame for this. If we don't want foreigners to come here, then we should stop bombing their countries, rigging their elections, and sabotaging their economies. Sure, it's possible, maybe even likely, that George Soros is funding the caravan. But people all around the world, who don't want the people in the caravan to die on their way here, are sending help too.
     We already have I.C.E. (Immigration and Customs Enforcement), which has only existed since 2003. America did without I.C.E. for 227 years, we can do it again, and deportations can still be carried out even if I.C.E. ceased to exist.
     I.C.E. is unconstitutional; the last thing we want to do is do is impose martial law on top of it, which is not only unnecessary and unconstitutional, it would also be a serious human rights violation, that could accelerate with curfews for adults, travel restrictions, conscripting young people into the military, relocation to settlements “for our own safety”, forced labor, or much much worse.
     If you support shooting people who cross the border, you are asking for an international incident, for a war to start, for martial law, and for a race war, as well as for the reputation, credibility, and moral authority of the United States government and its citizens to be ruined forever.
     If you want to go after al-Qaeda, don't go after the migrant caravan. Go after the people who founded al-Qaeda. And I'm not talking about Osama bin Laden, I'm talking about Carter, Reagan, and the Bushes. Jimmy Carter, who started this thoughtless involvement in Afghanistan, and agreed to find mujahideen ("freedom fighters") against the Soviets. Ronald Reagan and George H.W. Bush, who continued it. Bush's son George W., who founded the oil company Arbusto 88 with Salem bin Laden, the brother of Osama.
     After 9/11, rumors surfaced that numerous members of the bin Laden family, and other Saudi nationals, had been secretly airlifted out of the country for their own protection. This appears to have been denied by the National Commission on Terror Attacks, Snopes.com, and Osama bin Laden's brother Yeslam, but in truth, the only things they denied were the suggestions that the U.S. government helped, and that it happened before U.S. airspace re-opened. Yeslam bin Laden told Matt Lauer that it was the Saudi government, not the American government, that helped his family fly out of the United States; and that it occurred after airspace was re-opened, not before.
     If what bin Laden's brother said is the truth, then the Bushes would have been in prime positions to help (if they wanted to). Either way, the bin Ladens are among the wealthiest non-royals in Saudi Arabia, so their ability to use their political influence to enlist America's help conspiring to assist the Saudi government, and keep U.S.-Saudi ties strong, should not be underestimated. Especially now, after the murder of journalist Jamal Khashoggi, and the revelations about the Saudi regime's brutal treatment of women and homosexuals (among others).



Question #4
     What role of the President’s warnings about the caravan of migrants headed toward the U.S. border from Central America played in inspiring the virulent anti-Semite who killed 11 people at a Pittsburgh synagogue and injured 4? Or was this person going to do violence without the migrants coming here because of his hatred toward Jews?


Answer #4
     I believe that the shooter might not have chosen that particular target (the Tree of Life Synagogue in Pittsburgh, Pennsylvania) if fewer immigrants were coming to America. Immigration and Judaism seemed to be two motivations for the attack, but there might be additional motivations, and we don't know whether there was any particular thing that was a “last straw” or a final trigger for him, so that's why I think it would be unwise to point to just one or two primary motivations.
     If what I have read about the shooter is true, then one of his motivations was his belief that Donald Trump has been compromised in his attempts to revive American nationalism, fight “globalism”, and reduce immigration. It seems likely that the shooter would agree with the statement that “liberal Democratic Jewish politicians are behind a push for more immigration to the U.S.”, and that they are responsible for compromising Trump. It would make sense if that line of logic led him to select for his target a Jewish group that supported immigrants and refugees.
     Many of the people who think that way, consider Jewish people non-white, or as potentially disloyal to America; and many feel that immigrants – Jews and Hispanics included – are part of a virus-like “infestation” that puts our public health and our values at risk. These notions are parts of a mindset that suspects Jewish people of trying to divide all nations of the world against each other, make dissimilar people live together, and compromise the genetic purity of distinct nations through encouraging inter-breeding and increases in the number of mixed-race people. Of course, this is textbook Nazi propaganda, and I don't mean to rationalize it; I only mean to explain how Nazi sympathizers think.
     I believe that the Pittsburgh synagogue shooter chose the target he did, because he believed that the organization was – in some way, however directly or indirectly - providing material assistance (or at least ideological support) for “the enemy”. That is to say, for “the enemy”, as the shooter defines it. Generally, that means foreign-born people, including the migrant caravan (which the shooter likely believes is harboring terrorists). But as I've explained, there's no evidence for that; it's propagandist fear-mongering from the Trump Administration, intended to allow the president to dispatch federal troops to enforce domestic immigration law on the grounds that al-Qaeda might be lurking around every corner, even behind every immigrant.
     We shouldn't assume that the shooter could have been dissuaded from doing what he did, if only there were fewer immigrants coming into the U.S., or if fewer Jewish-Americans supported allowing more people in. If fewer Jewish people approved of immigration, then sure, we might see less anti-Jewish violence from right-wingers, but we might also see more anti-Jewish violence, just coming from different people. That's because leftists, and anti-racists, might see Jewish people strongly criticizing immigration, and conclude from that, that the sentiment is motivated by racism, or perhaps even by a belief in Jewish supremacy. If they conclude the latter, then it is likely that they will come to associate the Jewish religion with racism, violence, or both, and assume that all Jewish people are violent or racist. Coupled with the shooter's belief that H.I.A.S. (the Hebrew Immigrant Aid Society)'s assistance of the migrant caravan constitutes material assistance to terrorists, it would be understandable if the shooter felt under attack; by al-Qaeda, with the cover of Hondurans, funding from wealthy Jewish liberals, and housing and employment assistance from H.I.A.S.. (a refugee assistance network of synagogues, in which Tree of Life participates).
     I say this not to rationalize racists' line of logic, but in order to point out the worst things that left-wingers and right-wingers could be thinking about the Jewish people. If you want to defeat your enemy, you have to understand him. If your enemy tells you directly to your face why he hates you and why he attacked you, then you can disagree with the truth of those ideas, but to flat-out ignore them is to carelessly assume that your enemy is irrational. People can be full of hate, and hold opinions about people which are wholly unreasonable, but still make rational decisions in the battlefield. Don't underestimate your enemy by assuming that he is simply crazy, or by assuming that racism is his sole motivation. His reasons may seem backwards, and his logic may seem tortured and convoluted, but admitting that your enemy makes rational decisions in no way obligates you to accept or rationalize everything he says and does. It helps you avoid underestimating the horrors and deception he's capable of.


Question #5
     What has happened to the children who were separated from their parents? Are they still held in these “cages”? Will they be released to the custody of their parents, or what?

Answer #5
     I have heard rumors that some of the children separated from their parents have been essentially sold by the government to adoption agencies. This concerns me, since I have heard horror stories about emotional, physical, and sexual abuse of children; not only in the hands of adoption agencies, but in the hands of I.C.E. themselves. Not to mention police, soldiers, for-profit prisons, and teen boot camps.
     Some of you may have seen the pictures of Obama's and Trump's Homeland Security secretaries walking around in the I.C.E. detention facilities; “family detention centers”, they call them. One picture of the facilities showed a sign that said “males aged 16-18”. So they're separating people by gender, and by age, taking parents away from children, and immigrants are having their religious jewelry taken away. These facts should ring serious alarm bells for anyone paying attention to history and the times they're living in.
     If those facts don't, by themselves, evoke memories of what happened to Holocaust victims, then I implore you to look up “the Bath Riots”. Back in the 1930s, immigrants on their way into El Paso (from Ciudad Juarez, Mexico) were sprayed with harsh de-lousing chemicals, because American authorities thought they had typhus. This continued years after the typhus epidemic went away. One of those chemicals was Zyklon-B, which the Nazis used to poison Jewish people (and other minorities and political dissidents).
     People don't belong in cages. Children should not be taken from their parents without clear and present danger (that somebody else hasn't manufactured in order to whip people into a frenzy), and they certainly shouldn't be sold as commodities by government agencies. Selling human beings doesn't suddenly become “not slavery” just because it's the government who's doing it (instead of a “private” slave master).
     We must stop calling refugee encampments “tent cities”, stop calling forced internment facilities “family detention centers”. We are looking at literal military prisons, like the one at Guantanamo Bay, Cuba, except they're in Texas; on American soil, within the contiguous 48 states. And they're being used to indefinitely detain people who ought to have their rights respected; their rights to legal representation, and to apply for citizenship. The existence of embassies does not prove that legal immigration is an easy and realistic solution everywhere; foreign governments are collapsing, and with them, their legitimacy, and thus, people become stateless. As far as I am aware, there is no Anarcho-American embassy at which stateless people can become American citizens (at least not yet).
     I want to say that “the inevitable result of this will be martial law”, but it would be difficult for me to argue that martial law has not already been in effect for 17, or 40, or 100, or 150, or even 230 years (respectively, since the P.A.T.R.I.O.T. Act, or since REX84, or since World War I began, or since the District of Columbia Organic Act of 1871, or since the imposition of the Constitution in 1789; however you want to measure it).



Question #6
     How will Congress – the Senate and the House – be formed as a result of the midterms? Any guesses? Who will be the leaders?


Answer #6
     I anticipate that the Democrats will retake the House with a noticeable majority, and that they will retake the Senate by a noticeable (but smaller) majority. Given Nancy Pelosi's promise that the Democrats will not pursue impeachment of Donald Trump (as she did with Bush when the Democrats regained the House in 2006), I expect that Nancy Pelosi will encounter a few difficulties convincing her cohorts to give her her old Speaker position back. But I also suspect that dirty tricks will be played, and that all opposition to her from within the party will be easily silenced.
     Alexandria Ocasio-Cortez will win her election, and emerge as the new conscience of the progressive and farthest-left-leaning Democrats; or else she will be defeated amidst numerous accusations of dirty tricks on the part of her opponent Joe Crowley. Crowley, for those who don't know, is one of the Democratic congressmen thought most likely to become Speaker of the House, in the event that Democrats retake the House. Maxine Waters becoming Speaker of the House would be political suicide for Democrats, but I wouldn't put it past them, and I would understand their rationale for it.
     If Democrats retake the senate, then Dianne Feinstein, Cory Booker, Elizabeth Warren, Dick Durbin, Tammy Baldwin, Russ Feingold, and Bernie Sanders will comprise the core of the most respected members of Democratic Party leadership (which finally seems to have begun to loose itself from the grip of Hillary Clinton, neoliberalism, the New Democratic Coalition, and the corrupt Democratic Congressional Campaign Committee).
     Hopefully the Democrats will see that what will have made them successful in the 2018 midterm elections, is their recent embrace of the staunchly left-leaning ideas which are necessary to fully distance themselves from what Trump and his loyalists want. Hopefully soon the Democrats will admit, and not forget, that distancing themselves from progressivism, socialism, and leftism has not worked out. If they continue to do so, then they will keep losing elections.
     Giving up hope in places like West Virginia, the Midwest, and the Great Plains states, just sends the message that the party does not care about Democrats stuck in red states, even if they could be flipped to blue with just a little effort. But these states are not thought of as battleground states, by most popular media, in the same way that states like Florida, Ohio, and North Carolina are.



Question #7
     The treasury has announced that there will be an increase in the national debt for this year of approximately $1.2 trillion. How is this explained, when Trump in his campaign promised a substantial decrease?


Answer #7
     Trump can get away with having a $1.6 trillion deficit if he wanted, because he'll always be able to say that Obama's highest was $1.7. We should not underestimate Trump's ability to point to someone who's behaving worse than he is, and use that to make himself look good and moral by comparison (even if what they're doing is more or less equally terrible).
     Trump knows that giving the upper class bigger tax cuts than the ones he gave to ordinary working people, was only going to help the already well established entrenched business interests, which often buy and control our government. He calls them “The Swamp” to his voters, but he seems to think that the only path to economic growth – the only way to increase jobs - involves stealing your taxpayer money, and spending it on his cronies; in the form of bigger tax breaks, undeserved tax credits, stock buybacks, loans, intellectual property protections, trade promotions, subsidies, and even bailouts.
     Trump is illiterate constitutionally, economically, historically, and morally. He is an opportunist, and a narcissist, who has no regard for other people's needs. He seems to have no guiding political principle other than “make the trains run on time” and “political power grows out of the barrel of a gun”. He cares much more about increasing his own wealth than he does about helping struggling people who are in need and can't afford to buy stocks. Trump has no respect for free markets or economic opportunity; and no desire for lower prices, or even an idea of how to bring prices down to something his cronies' indentured servants (the people) can afford.
     Everyone is focusing on how much we are spending, and what we're spending it on; but way fewer people are talking about where we get our revenue sources from: what we're taxing, why we're taxing it, and whether the people being taxed, (first) can afford it, and (second) did anything wrong in the first place to deserve that “tax” (or, as we Libertarians call it, “theft”).
     Taxing away all the rewards of making improvements to your own home, doesn't help people. Confiscating people's earned income doesn't help them. Confiscating the un-earned income, and ill-gotten profits, of businessmen who balance their books on the backs of taxpayers and government contracts instead of by selling a better product, will help ordinary working people.
     Paying-off the national debt is a lot easier than we think it is. If we want to pay-off $20 trillion dollars, we could pay-off $1 trillion a year for 20 years. If we start now, America can be debt-free by the end of 2038. All we have to do in order to make that happen, is take-in $1 trillion more each year than the amount we spend. As long as we do that, and total federal government revenue stays above $1 trillion a year (it's currently at $4 trillion), then we can have any size government we want, and still balance the budget.
     Nothing is impossible, as long as we don't start-out trying to solve it under the assumption that it's unsolvable. This is a simple mathematical equation, yet many of us have apparently lost the ability to think simply about our problems. Trump's inability to significantly reduce spending, is compounded by his refusal to lower taxes on those who need tax breaks most, and his refusal to tackle either the military-industrial complex, or “The Swamp” of corporate political donors. That's because he's willing to look the other way whenever battling America's demons is too risky for him or it doesn't boost his bottom line.





Originally Written and Published on November 2nd, 2018
Expanded on November 2nd, 2018

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