If Nixon could go to China…

Joe Biden wasn’t my choice for president. He wouldn’t have been my second choice for president, either.

My own preferences notwithstanding, and subject to the convening of the Electoral College, Joe Biden is now the President-Elect of the United States. He was elected in accordance with the laws and customs of our country. In the fullness of time, votes will be certified, Electors will meet, their votes will be counted by the Congress, and former Vice President Biden will be inaugurated as the 46th President of the United States.

I can already hear the voices raging “Not My President” across the internet. In case you’re wondering, it sounds just as stupid coming from the right as it sounded coming from the left for the last four years. I didn’t vote for him, but at noon on January 20th, 2021, he will take the oath of office. He will be the president. My president. Your president. America’s president.

I congratulate him. I congratulate Vice President-Elect Harris. I wish them a term of unprecedented peace and prosperity and it’s my fervent hope that they lead our country with wisdom, openness, and integrity.

Sure, I fully plan to oppose 75% or more of the Biden Administration’s likely agenda, but that’s no reason I can’t be polite and take a moment to recognize the wonder of the world that is a peaceful transfer of power in our ever more contentious political universe. If Nixon could go to China, surely we can manage these small acts that help to bring back a touch of the old civility between our countrymen.

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

Too exhausting…

© 2013 Imgur, LLC.

© 2013 Imgur, LLC.

I feel like I should write a post about some combination of the IRS, NSA, privacy, and executive overreach… but honestly it’s just all too exhausting to put into words. This great country was a constitutional republic once and could be still if more than a handful of people were interested in holding the elected representatives of the people accountable for their words and actions. I’m not holding my breath. If anyone needs me, I’ll be downstairs turning the basement into a room-sized Faraday cage so I can have the occasional untapped conversation.