James M. Redwine

Constitution

A New World Resolution

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A new year is rapidly approaching. Hope for a better world is evidenced by universal blame placing, always onto someone else. Perhaps Jeffrey Epstein, or Donald Trump or Lane Kiffin or the idiot driving slowly in the passing lane. Or as Jimmy Buffett finally admitted in Margaritaville, “It was his own fault”.

One thing each of us believes is it is never our fault. Yet, in a republic, the United States for example, it is the fault of all citizens since we either choose or allow to remain in office our representatives. Secretary of War Pete Hegseth may have ordered Admiral Frank Bradley to carry out Commander in Chief Donald Trump’s order to kill the people on the alleged drug boat on September 02, 2025, but in America the President represents all of us. In the court of world opinion, each American violated our Constitution’s Bill of Rights and Due Process clauses as contained within the New World Resolutions of the Declaration of Independence and our Constitution.

Our Founders were well aware of the irony contained within those famous New World Resolutions, “We hold these truths to be self-evident that all men are created equal”. They knew that thousands of years of human history belied such a reality. What real truth they knew to be self-evident was that power does not corrupt humans, it enables them to be corrupt. The words were aspirational, not factual. The Constitution of the United States designed a framework for a system of government in which the natural inclination of humans to abuse power is sublimated to the competing powers of the majority who would abide by Due Process of Law.

If the eighty-one people we have killed in the Venezuelan boats were drug runners, there are well established procedures for determining those facts and for dealing with each situation. The U.S.A. has the most powerful military on earth. Even if the Venezuelan government was sponsoring those boats, its military is impotent against ours.

Our aircraft carriers, submarines, destroyers and aircraft can and do monitor every craft that comes within our United States territorial waters. We have the ability and authority to force any such drug boat or fishing boat, to stand down and be searched without danger to American personnel or equipment.

We could safely and thoroughly search such boats and vet their sailors as to drugs or other illegal contents. If such criminal intent against America were to be evidenced, the occupants could be arrested and taken before a court in the United States or a world authorized legal body. Any drugs could be confiscated, used as evidence and later destroyed and the drug runners imprisoned.

Such a procedure is what our Founders would have demanded from King George III. It is called Due Process. As the folk singer Phil Ochs sang in his song, Is There Anybody Here:

♫Is there anybody here
Who thinks that following the orders takes away the blame?
Is there anybody here
Who wouldn’t mind to murder by another name?♫

We Americans who claim to be a light to the world should shout STOP! when our representatives justify killing others without affording them the rights we demand for ourselves. America was born in 1776 and should not lose its aspirational soul after only 249 years. For as Phil Ochs also said in his song, ♫This country is too young to die♫. America today can re-pledge our “Lives, our Fortunes and our Sacred Honor” to the hopes our Founders knew had not yet been made possible but that they and we should resolve to make reality. Due process should be our talisman, not just our hope.

 

False Flags

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Photo by Peg Redwine

The United States Supreme Court has upset the United States Congress since Chief Justice John Marshall created the Court’s power to be the final authority on what our Constitution means. The Court, in the case of Marbury v. Madison, used President Thomas Jefferson’s pride against his logic and traded an insignificant presidential appointment by John Adams, Jefferson’s bitter political enemy and his immediate predecessor, for the immense and previously non-existent “Power of Judicial Review”. Ever since 1803 Congress, the Executive Branch and the American public have regularly wrung their hands as the Court decided numerous atrocious cases such as Dred Scott, Bush v. Gore 2000, Citizens United v. FEC and Dobbs v. Jackson. Yet from 1789 when our Constitution was ratified until today the authority to balance the power of the Supreme Court has been clearly set forth in Articles I, II and III of the Constitution. It just requires that Congress find the courage to do so. Article III provides that justices of the Supreme Court:

“[S]hall hold their offices during good behavior.”

And it is up to the House of Representatives to decide what is “good behavior” and whether a justice has violated it, such as by committing some unethical act. Then the U.S. Senate holds a trial on the charge of impeachment.

In our current legal and political climate many members of Congress have publicly stated some justices have committed impeachable offenses. However, instead of advancing articles of impeachment Congress rails against the Court and demands the Court police itself and come up with written ethical rules and sanctions. Not surprisingly, the justices demur; no one likes to be controlled by anyone else, especially if those anyone elses are as lacking in “good behavior” as the Court.

If Congress wishes to influence the personal behavior of the justices in such areas as conflicts of interest and abuse of their special status, all Congress needs to do is apply the Constitution. On the other hand, we as a country, could find the courage to quit prescribing pain killers and perform some real, curative surgery on the judicial limb of our three-branch government.

It is historically established that Article III’s requirement that United States Supreme Court justices’ good behavior standard is pro forma only. Such instances as a former slave owner, Chief Justice Roger Taney in 1857, deciding slave Dred Scott had no rights that needed to be protected or a majority of Republican appointed justices deciding Republican George W. Bush “won” the presidency in 2000 are simply winked at.

The remedies for our nation’s possibly fatal illness of public loss of confidence in the Court may be painful and difficult to endure, but the alternatives are worse. The impeachment of all justices for every breach of decorum would be wrong, unfair and impractical. It would also not solve our problems.

But if Congress truly wishes to put the balance back in our democracy, I suggest we first institute term limits for justices. Our presidents can serve only 8 years. Perhaps a 10-year term for justices would be workable. Also, federal judges are now nominated by the President and confirmed in the Senate. Why not implement a democratic system for all federal judges so that all citizens, not just a select elite few, would have the right to help choose those whose decisions can affect us all? Of course, such changes will require much thought and input, but all serious illnesses should.

In other words, instead of continuing to complain as we avoid the hard choices, let’s choose the harder right instead of continuing to fly false flags that only apply band aids.

Photo by Peg Redwine

TikTok

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Photo by Peg Redwine

Congress and President Biden have decided to save America from the disclosure of state secrets by the Kardashian wannabees of our society. Peg and I do not do TikTok but occasionally some marginally functioning teenager will create a TikTok post that is so lacking in taste and talent that the main stream media airs it as a parody. Those are the only TikToks I have seen; that’s plenty.

Physically unattractive people gyrating to two-beat music while wearing too small bikinis is not my choice of leisure listening and viewing. Fortunately, the shameless exhibitionists who are totally lacking in true self-images almost never say anything. So, at least, we only are assaulted by their physical repugnance.

Why we are paying our leaders to spend countless hours on the foibles of misguided or unguided youths while Congress is profligately spending 100 billion dollars per year arming every country from Ukraine to Israel is a mystery to me. Perhaps they should concentrate on such issues as war and the environment or even why our banks are failing and why inflation is wreaking havoc on our 401(k)s. Regardless, the CEO of TikTok, Shou Zi Chew, is going before Congress’ House Energy and Commerce Committee this month to explain the First Amendment to people who should already know it.

When our Constitution was adopted the very First Amendment provided:

“Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

The great English legal philosopher, John Locke (1632-1704), helped lead the Enlightenment. The American legal philosopher, James Madison (1751-1836), owed so much to Locke in Madison’s drafting of our Constitution, particularly the Bill of Rights. Both Locke and Madison strongly believed Freedom of Speech was essential to preserving all other freedoms.

It is ironic that our leaders of today cite fear of Russia and China as they call for restrictions on free speech. We have long rightfully complained that China and Russia severely restrict their citizens’ right to freely express themselves. Now we want to make federal law based on that same fear of American citizens that the Chinese and Russians enforce as to such patriots as Alexei Navalny. At least, Navalny actually has something to say that Putin should fear, that is the truth. TikTokers pretty much simply wish to share their irrelevant and boorish behaviors.

My guess is our leaders are as clueless about the workings of TikTok as I am and that they are simply knee-jerking to baseless fears of the very people who put them in office. What about such public policy as the 1966 Freedom of Information Act that was enacted to guarantee the people could monitor their government? Then there is the 2014 Digital Accountability and Transparency Act that allows taxpayers to track government spending. Have our current leaders decided too much information in the hands of Americans is dangerous, at least if that information can be accessed by foreign governments, as they can easily do with a simple request for data?

Of course, Congress and the President say they fear China and Russia and other countries will mine the internet data and use it against us. But every credit card transaction, every online post such as filing a tax return, every cell phone use is already “mineable.”  Any hostile foreign country can already legally obtain more information than they would ever need via our own legal system. I ask you, Gentle Reader, is there anything on TikTok that could be used to start a lawnmower much less build a nuclear weapon?

I would like for our leaders to revisit Joseph Goebbels who was evil but prescient when he said, “If you repeat a lie often enough, people will believe it, and you will even come to believe it yourself.” In other words, our government is making its own reality and using that as the basis to restrict our rights under the First Amendment.

Another author that should be considered is Franz Kafka whose hero, Joseph K in The Trial, pointed out that the enacted laws made it impossible for anyone to rely on what the law truly is. This is much like George Orwell’s “Newspeak” in 1984 where the only true purpose of governmental language was to control the populace.

In other words, instead of taking Vladimir Putin and Xi Jinping as our free speech guides, perhaps we should look to our Constitution and our history and rationally analyze TikTok and its mainly pathetic users. I point out that just last year (2022) the European Union, which we look upon favorably, passed the Data Act (Digital Accountability and Transparency Act) that was designed to standardize international contracting and commerce by standardizing digital and internet language. Should we not also want to clarify by expanding instead of restricting internet usage even if the usage may be frivolous?

I call upon Congress and the President to not put the means as Kafka might say, “to exercise discretionary moral judgment” by the lone U.S. Secretary of Commerce to determine “freedom of speech” when it comes to foreign technologies and companies. That is how the proposed anti-TikTok law is structured. Instead, let’s have faith in ourselves and also recognize the banality and futility of trying to draft laws that defy human nature and common sense and by the way, are most likely unconstitutional and unenforceable.

Not Rocket Science

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The Rule of Law is not the stuff of artificial intelligence and differential equations. It is not about the James Webb telescope that may help disclose where and when we came from. It is not about a cure for COVID. No, the Rule of Law is far more complex, and perplexing, than any of those things. However, if properly applied, the Rule of Law can help us understand and deal with these challenges and others.

Law sounds simple. Treat others the way you wish to be treated. Respect the person and property of others. These principles are easy to say but thousands of years of human history prove they are extremely difficult to apply. Our Declaration of Independence sets out the basics of our legal system, “…[A]ll men are created equal,” and all men have the right to life, liberty and the pursuit of happiness. When Thomas Jefferson penned those simple ideals he owned slaves, and had children he did not acknowledge by at least one of those slaves. Also, women could not vote and the property rights of Native Americans were not even an afterthought. Were Jefferson and the rest of the 1776ers evil? No, they were human. We call these concepts ideals because the realities are nearly impossible to achieve. That is why we need the Rule of Law, to encourage us to try.

Our Constitution sets forth America’s aspiration to form a more perfect union. Surely none of our Founders was naïve enough to believe perfect self-government was achievable. That is not why goals are set. Just as it is the struggle of life that can separate us from all other animals and, perhaps from some humans, it is government’s role to help us strive for perfection. We have often fallen short and we always will. But just as we are fighting the war on COVID in fits and starts we can face our past failures in how we have behaved and strive to be better. There will never be a cure for our occasional imperfect collective missteps. That is why we need to acknowledge our past failures and seek to avoid future sins. We should do this together.

In her book, On the Courthouse Lawn, Sherrilyn Ifill points out the irony of many lynchings being carried out by large numbers of a community right at the seat of justice, the county courthouse. Also, our courthouses are often the site where the legal system has been used to deny human rights, such as through the separation of Native American families and establishment of some guardianships that led to murder.

Community recognition of these subversions of the Rule of Law is important. Monuments that show society admits its wrongs, even if long past, can help people heal and avoid new injustices.

Do Not Cross the Potomac River

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At the Rubicon

In 49 BC the Senate in the Republic of Rome ordered Gaius Julius Caesar to not bring his army across the Rubicon River into the city of Rome. Caesar said, “Let the die be cast”; that is, I’ll take my chances. He did, Rome as a Republic collapsed into civil war and instead of a representative government the Roman people got a dictator. Five years later, on the Ides of March, Caesar was deposed by force.

The people who founded the United States of America came from a tradition of great fear of military power over civilians. In fact, in our Declaration of Independence one of the main complaints against King George III was that, “He has affected to render the military independent of and superior to the civil power.”

This great fear of military control over the civilian populace of America was guarded against in our Constitution. Article I, section 8 endows Congress with the power and authority to declare war, and to raise armies and militias to suppress insurrections. Article II, section 2 establishes that the democratically elected President shall be in control of the armed forces as the Commander-in-Chief.

In his exhaustive and exhausting treatise, The Framer’s Coup, The Making of the United States Constitution, Professor Michael J. Klarman points out the vital importance to our Founders that “[I]n all cases, the military should be under strict subordination to, and governed by, the civil power.” See p. 330.

We Americans profess pride in and support of our military as long as we are assured our military remembers its place. That system has worked pretty well and we are likely to maintain it in spite of political pressure being brought upon the generals to undermine their Commander-in-Chief. As I recall from my service days, I did not always recognize as wise what my military superiors thought was wisdom. Joseph Heller in his prescient novel, Catch-22, had a pretty firm grip on the banality of much of the military. On the hand, our politicians sometimes also fall a little short of a full deck. Still, at least we have the opportunity to have some say in who our civilian leaders will be and we can fire them.

Therefore, for me, I’ll chose to bob and weave with the occasional civilian loser versus a palace military coup. Back off oh ’ye purveyors of a Banana Republic. As Scarlett O’Hara said, “Tomorrow’s another day” and as Annie said, “Tomorrow is only a day away.” I can wait. Elections, yes, coups, no.

Another look at the Rubicon

Independence Day

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Lexington Minuteman
Lexington Battle Green, MA

The Fourth of July is called Independence Day with good reason. Our Founders were willing to die for the right to control their own lives. They were not seeking war with the most powerful nation on Earth in 1776. They were not attempting to dictate to King George III how the English should behave. They sought only free will for America to determine its own course. In these troubled times we are now navigating, perhaps a look back to America’s early struggles might be helpful.

We may wish we could ask George Washington or James Madison for advice. But the best we can do is read about past heroes’ courage and sacrifice and try to learn lessons that will help us during our own battles.

For example, one of my heroines is Frances (Mad Fanny) Wright, that fighter for women’s rights, Black rights and freedom from religion who spoke in New Harmony, Indiana on July 04, 1828. Oh, how much we could learn if we could speak with her now. However, we do know she dedicated her life and fortune to eliminating slavery. Had she lived only nine more years she would have experienced the start of the Great Struggle that ended a whole race of Americans’ loss of control over their lives.

Control, isn’t that what matters most to all of us? The visceral need for the freedom to make our own choices is why on that day we now call Patriots Day, April 19, 1775, at Lexington and Concord those suppressed colonists “Fired the shots heard ’round the world”. And in our current political climate when Americans get embroiled in political discussions it sometimes feels as if both sides have muskets at the ready.

When I find myself surrounded by the competing political mini balls, I try to remember this is nothing new. Over the two or three hundred thousand years we Homo sapiens have been around, after air, water, food, shelter and procreation we seem to have two more basic needs: the control of our own lives; and the strong desire to control the thoughts and behavior of others. These two related but directly oppositional impulses apply to groups of people and nations as well. You know, we will each defend to the death the right of our political adversaries to agree with us. But conversations can rapidly turn to confrontation if someone comes down on what we believe is the wrong side of such issues as religion, race, global warming, immigration, war and peace, who should or should not be President of the United States and a thousand other subjects.

The right to control our own lives makes us smile. The desire to control other peoples’ lives can lead to such things as vitriolic statements and sometimes even vicious interchanges in our public and interpersonal interactions. Sometimes today’s discussions about control may center on sexual assault and the “Me Too Movement” or hate crimes and “Black Lives Matter”.

Rape is a terrible crime not because of forced sexual contact, billions of humans have had sexual relations. No, rape is a terrible crime because of the victims’ loss of their right to decide for themselves whether and with whom to have sex. The fear, terror, anger and humiliation caused by losing total control of one’s body is incalculable. It is in itself a life sentence that can lead to permanent bitterness toward and distrust of our legal system much as lynchings can result in an entire race of people living with constant concern about their freedom.

Lynchings, such as those that were committed on the Posey County, Indiana courthouse lawn on October 12, 1878, are a collective denial of another’s right to control their own destiny. And it is not just the victims who lose, but even those who deny justice to others may reap the whirlwinds of retaliation and political correctness.

Wars of aggression, not constitutionally authorized wars for national defense, are our country’s intentional denial of another country’s or people’s right to independently determine their own destiny. One of the main causes of our country’s post-WWII denials of the right of other countries to control their own lives are wars instigated by independent executive action without congressional authorization.

We can each quickly cite evidence of such wars based on false premises and rash executive action. President Lyndon Johnson used the shaky premise of the Tonkin Gulf Resolution to get us hopelessly embroiled in Vietnam. President George W. Bush relied on false intelligence reports that Iraq had weapons of mass destruction and was involved in 9/11. President Bush then precipitously led us into what appears to be an endless and pointless war in the Middle East.  As Pete Seeger’s song “Where Have All The Flowers Gone?” asks us, “When will we ever learn?, when will we ever learn?”

Our Founders’ wisdom of placing the authority to wage war in congress is that such a procedure keeps all of our citizens more closely involved in these grave decisions. And, it requires much more careful deliberation when congress is involved. Also, when we eliminated the military draft, we turned from a citizen minute man type military to a professional and less ecumenical type force. To make the tragic choice to go to war all Americans should feel the direct cost. It is too easy to hire others to impose our will on the powerless. With a professional standing military our armed forces never stand down. And the temptation for any of our presidents to play with these awesome powers as if they were toy soldiers is too intoxicating for most to resist. Of course, the draft is one of the ultimate impositions of loss of control. Our country should only use it when our national survival is truly at issue. And then it should include all able-bodied adult citizens. Not everyone needs to serve on the front lines but everyone can serve somehow.

One of the good things we received from one of our British cousins were John Locke’s Enlightenment philosophies as highlighted by the doctrine of separation of governmental powers. Our independence as a nation has survived great trauma due in large part to our three separate and equal political powers: Executive; Legislative; and, Judicial. We forget this at our peril. Control of our lives is an inherent need for individuals and nations and, if lost, can lead to long-term bad effects for both the invaders and the invaded. Freedom of choice is essential to our personal and national well-being. Our Founders enshrined that opportunity for us in our Constitution and that is what we celebrate on Independence Day as we struggle to afford that right to all of our citizens.