Grains of truth…

I live in a reliably Republican voting county in a blue-voting state. Being one part interested in what’s happening in the community and one-part nosy bastard, I’m a member of several “community based” Facebook groups. Nowhere I visit online is more politically charged than most of these groups. Both the free shit for everyone lefties and Trump is the best president in history crowd are well represented. I think both sides there are idiots, but that’s not my point here.

If you’re anywhere on social media it’s probably impossible to miss the people who are rabidly clamoring to “open now.” Their argument almost universally is centered around some variation of “Well, if you don’t feel safe just stay home” and/or “Small businesses need to start making money.” Take away the vitriol with which those sentiments are spewed across the internet and I fully understand the argument. 

Small businesses, having largely been shuttered for two months, are absolutely in danger of never opening their doors again. The “open now” crowd wants desperately to believe proclaiming businesses open will restore the world to the way it was in February. When the doors to all these businesses finally fly open, this sub-section of people will, I’m sure, crowd in. The other, and I presume larger percentage of people, will not be part of the swarm. This second group are those who don’t feel safe and, on the advice of the first group, have opted to “just stay home.” Sure, they may loosen their self-imposed restrictions a bit, but it won’t be with the free-for-all, madcap, devil-may-care embrace that the “open now” crew advocates. 

Even here in reliably red Cecil County, I have a hard time imagining businesses small and large filled anywhere even close to capacity again any time soon. Business can be all the open they want to be and if people don’t show up in mass, they still won’t make their margin. No one wants to hear this nugget, but my take is that whether open or closed here in last third of May, hundreds of thousands of businesses that were going concerns at Christmastime will be shuttered permanently by Independence Day… and there’s virtually nothing that’s going to stop it from happening.

I don’t take any pleasure in even thinking it because there’s a laundry list of businesses, both small and large, that I patronize, or I use to patronize, fairly regularly. I may be tempted back to a few of the used book shops sooner rather than later – as often enough I’ve had those places to myself even before the Great Plague. But sitting down in a restaurant, packing in shoulder to shoulder at a concert, or even wandering the aisles at the average retail establishment? Yeah, that’s a no from me for the foreseeable future. 

The grain of truth in the “open now” argument is that yes, I will do my own risk assessment and keep my ass at home until I determine (based on the advice of scientists and not politicians) that it’s reasonably safe to do otherwise. Then again, no one has ever had to encourage me to stay home, so maybe I simply lack the impulse that inspires other people to need to pull up a stool to their favorite bar in defiance of basic logic and common sense.

On tracking the virus…

I’ve written before about the decline of personal privacy. We slap RFID tags on our vehicles to make paying tolls marginally less painful. We carry around a mobile tracking device in our pockets. Many of us live with home security cameras that can see all but the most private moments.

The tech industry’s move towards developing apps that use our phone’s onboard GPS to track proximity to potentially infected people may sound like an altruistic use of technology to improve public health. Outside of saying they’re working on this “neat new thing,” not much is being said about the implications that come along with using such a personal tracker. Without knowing what, if any, legal safeguards will be in place, details of what beyond proximity is being collected, how long it will be stored, who will have access to it, how it will be used, and what control I will have over what’s collected, I have to say it’ll be pass from me. 

I’ve signed over some degree of privacy to big tech already because I value the services they provide. At its heart, though, my cell phone is nothing more than a tool. I have no intention of taking life guidance from it – or from Apple or Google or any of the other firms racing into this space. 

I won’t be wearing a tinfoil hat anytime soon, but I feel like sooner rather than later I’ll find my phone living in a Faraday bag except for moments when I need to use the damned thing.

Scorn and Derision or: The Importance of Knowing Your Amendments…

For the entirety of my lifetime, the 1st, 2nd, 4th Amendments* have gotten somewhere around 95% of the total air time of anyone discussing the Constitutional Amendments in any context. The other five percent is given over to the taxation is theft crowd, celebrating the repeal of prohibition, and everything else. The last three years, something of a historical outlier, have also included not insignificant discussions of the 25th Amendment as well. 

After listening to President Trump’s claim that “When somebody is president of the United States, the authority is total,” it appears that we’re going to spend some amount of time in the near future pondering the Tenth Amendment.

The president is right that we do need to develop a plan for putting the country back to work. Sooner or later, we’re going to have to start opening up the economy. Great Plague or not, there’s a limit to how long people are going to tolerate sitting home, watching their livelihoods crumble, and seeing no obvious end in sight. Beyond the statement of fact that the economy needs to be opened, his argument that it’s a decision to be made by the federal executive branch alone is, in a word, wrong. Other words that could have been used here are: asinine, nonsense, bunk, hokum, or bullshit.

Just as the timing and decision to curtail all but essential business was made by state governors across the country, the governors will also establish the timing and criteria by which business is allowed to reopen. It may be done in conjunction with advice from the federal government, it may be backed up with federal resources, but the decision on timing and “how to” resides with the governors.

Given the 10th Amendment’s reservation of powers not delegated to the federal government to the states, there simply isn’t a lawful mechanism by which the president may issue a blanket decree that state and local government, businesses, and educational institutions are open for business. Anyone who tells you otherwise is lying. Anyone who insists that the president does, in fact, have this authority, is attempting to empower the executive branch far beyond anything envisioned under the Constitution – and deserves the scorn and derision of those who have grown and prospered under that protection of that great charter. 

Constitutional Amendments Quick Reference Guide:

  • 1st Amendment – Freedom of speech, religion, and the press
  • 2nd Amendment – Right to keep and bear arms
  • 4th Amendment – Freedom from unreasonable search and seizure
  • 10th Amendment – Reserves powers not granted to the Federal government to the states or the people
  • 16th Amendment – Allows Congress to levy a national income tax
  • 21st Amendment – Repeals prohibition
  • 25th Amendment – Clarifies the rules of presidential succession

On being final…

It will come as a surprise to no one who really knows me that I stayed as far away from math and science as possible during my four years as an undergrad. I could muddle through the work and scrape through with C’s, but I had no aptitude for it, no talent. Turn me loose in Dunkle Hall for History of Whatever or Guild for political science and I was in my element.

Increasingly it feels like many of the old maximums of political science I learned 20+ years ago don’t really apply to the study of politics in 21st century America. Despite the formal education and a few decades of reading I find myself feeling like a stranger in a strange land more and more often.

Still, though, some of the old truisms were true for a reason. While lecturing on the role of the Judiciary, Dr. Simpson was fond of reminding us that “the Supreme Court isn’t final because they’re right – They’re right because they’re final.” It’s one of those deeper truths wrapped in a easy to understand package. For good or bad, short of amending the Constitution, there’s simply no mechanism to allow for appeal beyond the Supreme Court.

Listning to the talking heads today, many of them seem to forget that the same is true when the Senate sits as a court of impeachment. That body has sweeping latitude to set the terms of the trial and the outcome belongs to them alone to decide. What the House thinks, or the president thinks, or what the latest polls show is a bit of interesting, but not particularly relevant detail.

In cases of impeachment, the Senate is right simply by virtue of being final. If you don’t like the results, if you don’t like how you’re being represented in this republic of ours, then the onus is on you to secure different representation at the ballot box… but running around whimpering that “the Senate got it wrong” makes you sound like a schmuck.

A love letter to Iowa…

Grumble grumble Trump. Grumble grumble impeachment. Grumble grumble senate. Grumble grumble State of the Union. Grumble grumble Brexit.

In this, the winter of our discontent, the Iowa Democratic Party and the state’s quirky method of awarding primary election delegates, steps into the breach and mutters, wild eyed, “Hold my beer.”

For my entire life, Iowa has been the “first in the nation” to express their choice in the primary cycle. It’s a valuable piece of electoral real estate and has always given Iowa an out sized importance during election years.

If the Iowa Democratic Party didn’t single handedly end both the state’s first in the nation role and ye olde caucus method of casting votes, I’ll be amazed. The first story from the heart of primary season is of a party and an entire slate of candidates in disarray. The campaigns and the DNC can’t be happy that the biggest story of the election isn’t an impeached president, but rather a relatively small Midwestern state’s inability to count the 147 people or so who live there and report back who they caucused for in something like a timely and efficient manner.

It’s the kind of thing that basically writes it’s own Republican ad. It’s not hard to imagine the tens of thousands of mailers coming out of print shops even now asking “If the Democrats can’t be trusted to hold their own caucus in Iowa, how can you trust them to run the federal government.”

Accurate or not, fair or not, reporting on the debacle in Iowa will be red meat for the opposition. The fact that it appears that figuring out how and where Iowa Democrats came flying off the rails is going to take well over 24 hours is just embarrassing… especially when receiving precinct reports and tabulating totals feels like something that could be achieved over the phone using a pretty basic Excel spreadsheet without all that much fuss. It really, really shouldn’t have been a heavy lift.

Campaign outreach for the hermit in your life…

I have to give a word of congratulations to Danielle Hornberger’s campaign team. They were canvassing the neighborhood on Saturday and instead of traditional door knocking and trying physically talk to someone, the guy who came to my door just slipped a piece of literature under the handle and moved on. The only reason I’d have known he was there at all was Jorah’s hackles raised and his quizzical look towards the door.

Seriously, I can’t tell you how much I appreciate not being disturbed by politics on a Saturday afternoon.

Danielle is running in the primary against a Republican incumbent county executive who raised property taxes and put that money to work doing no one is completely sure what. I can guarantee I won’t be voting for the incumbent.

I don’t know enough yet about the primary candidates to know who l’ll vote for, but Team Hornberger is on my radar now and has a gold star for no other reason than they didn’t ring the bell and try to jam a flyer into my hand.

What I learned this week…

Judging from the ill-informed eruptions across social media, the consensus seems to be that impeachment by the House of Representatives is precisely equal to removal from office. That, of course, is not true and I can only assume that the cheering masses on Twitter and Facebook have now discovered that impeachment is the first step in a two step process outlined by the Constitution for removing an elected official from public office.

So, what did I learn this week? Basically that despite the best efforts I made many years ago and that a veritable army of civics teachers are currently making, the American public is woefully uninformed about how their system of government is supposed to operate. I refer them to the Constitution. I mean it’s the basic operator’s manual, so go ahead and start there and then we can assign some more detailed reading.