Lawmaking will change before our eyes.

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Ummm, I’ll have to get back to you on that   Every Boss In History

For the last two hundred years or so, there has been one debate that has rages unabated in this country. And that debate is the question of whether the United States constitution is a rigid blueprint for democracy, meant by the founding fathers to keep us a bunch of rustic, backwoods boobs in perpetuity, allowing for no change in external conditions, or whether the constitution is a flexible framework, adaptable to the current moment.Personally, while I don’t believe the founding fathers envisioned landing on the moon, I also don’t think they envisioned 20+ being slaughtered in a classroom in under 5 minutes either.

Actually, despite the premature obituaries, democracy is doing just fine, it’s functioning properly, and ticking right along. What isn’t functioning properly is the 535 mental midgets in the marble building wearing cheap suits with shiny bottoms, They’re the ones pissing in the punch bowl. Democratic institutions and procedures can lead these stupid horses to the trough, but it can’t shove their snouts into the water. And that’s what will have to change.

The real problem isn’t so much the laws we currently have, it’s the concept of law itself. The concept of law is actually pretty simple. Once laws are written, people will obey them. And if they don’t obey them, then they will be punished. We already have plenty of laws. What’s lacking in the current morass of the Trump administration is the proper mechanism to enforce compliance on a lawless and out of control executive branch.

And that is what will have to change once the Orangutan in Chief is finally shown the gate. People are going to demand reform, simply because this situation is just plain ridiculous. Going forward, there are only going to be two options, either nobody will have to follow the law anymore, because the President doesn’t have to, so why should they, or proper enforcement mechanism will be written into place to enforce the laws we already have.

This current kerfuffle over the whistle blowers complaint is a perfect example. The law itself is crystal clear. It says that once the Inspector General sends the complaint to the Director or National Intelligence, having found it both credible and urgent, within 7 calendar days the DNI shall turn the complaint over to the Intelligence committees in congress. That’s it, cut and dry. But what happens when the DBI tells the Intelligence committees to go fuck themselves? Well, how about a proviso to the law that states, failure to comply shall entitle the House Sergeant at Arms to appear with the Capitol Hill tactical team to enforce delivery of said complaint, or to remand the DNI into custody until such time as the law is complied with. That ought to do it. A DNI who is facing time in the pokey covering for a criminal President has a powerful incentive to comply, termination be damned.

Laws regarding the enforcement of, and compliance with subpoenas will have to be strengthened as well. When it comes to enforcement of congressional committee subpoenas for the purpose of congressional investigations, Failure to comply with a duly issued subpoena will result in the detention of the subject, said confinement to be ended only upon either compliance with the subpoena, or upon final relief from a court based on a flaw in the issuance of the subpoena. Gee, ya think that obstructionist shitheels like Don McGahn and John Kelly may think twice about tying their appearances up in court if they know that they’re going to be languishing in durance vile while their court case, as well as any subsequent appeals play out?

And here’s another simple and quick fix for the Trump administrations use of the judicial process to slow walk compliance. Cases involving compliance with any duly issued subpoena by a congressional committee in pursuance of an investigation will be heard in the court in which the suit is filed within 10 days. Any pursuant appeal of the lower courts decision shall be heard in the appropriate appellate court within 30 days. Any appeal to the United States Supreme Court shall be heard within 45 days, with a final decision rendered within 60 days of the appeal being filed with the Supreme Court.

And if you really want to fix this mess once and for all, here’s the capstone, upon the receipt of a final order from the Supreme Court, the President shall comply with the ruling within 24 hours. Failure to comply with such ruling will result in the immediate impeachment of the President from office, with no attendant congressional proceedings required. Now granted, that one may require a constitutional amendment, but after the bloody Roman Circus unleashed by the Trump administration, I put this one in the category of no brainer.

Is any of this likely to happen? I honestly don’t know, maybe, or maybe not. What is going to be required if it is to happen is sufficient public outrage and pressure by constituents to fix this obviously broken system, or pay the ultimate sacrifice you their cushy, well paying, part time jobs. And that job can start on January 21, 2021, if we all do our jobs properly.

Because there is one thing that I can tell you with dead certainty. This is only going to get worse. Every President in modern history has used his office to seek to increase his power and authority. And why not? Hell, if you’re the most powerful man in the world, why not wield as much power as humanly possible. President Obama campaigned on actually reducing his power if elected, and ultimately ended up using executive orders to expand it. There is nothing wrong with our system of laws as such, but unless mandatory enforcement measures are built into the laws to mitigate dicking around with compliance, we will see this in lesser or greater forme over and over again. The precedent has been set, and it will remain precedent until it’s stopped.

To know the future, look to the past. before the insanity of the 2020 election, relive the insanity of the 2016 GOP primary campaign, and the general election, to see how we got to where we are. Copies of  President Evil, and the sequel, President Evil II, A Clodwork Orange  are available as e-books on Amazon, at the links above. Catch up before the upcoming release of the third book in the trilogy, President Evil III: All The Presidents Fen

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4 Comments on "Lawmaking will change before our eyes."

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Concinnity
Guest

Intelligent and sensible suggestions, that you’d think ‘the self-proclaimed law and order party’ would be right on.
But it will be quite a while until they can believably claim that mantle again, perhaps never, if we make your suggestions into statute.

P J Evans
Guest

At least the people who wrote the Constitution had the sense to make it possible to change it.

Denis Elliott
Member
THAT is the point that the “Original Intent”, or the “Plain Text Reading” crowd always ignore. The founders made compromises to get the Constitution ratified. One might criticize them for “punting” some critical things (slavery in particular) but in the context of the times with the country already falling apart due to the inadequacies of the Articles of Confederation (which I happen to believe is what the Original Intent advocates REALLY are after) they did what they thought was the best they could get passed & ratified in the moment. But they also as you’ve noted knew from the beginning… Read more »
dana fairfield
Member

Trump has taught the country that relying on good faith motivation to abide by the law is no longer sufficient. I mean even Nixon resigned first. No enforcement mechanism means there is no law.