Archive for the Supreme Court Category

Justice Is a Middle Class Creation, Delusion and Aspiration (March 20, 2017)

Posted in Justice, Middle Class, Supreme Court, Truth on March 20, 2017 by e-commentary.org

. . .

J          “And the middle class is definitely dying.”

. . .

K          “Justice is a middle class creation, a middle class delusion and a middle class aspiration.  The rich know they can always buy it.  The poor know they can never get it.  Only the middle class nourish and nurture the delusion that they can ever get a piece of it.  And the middle class sure is disappearing.  The creation is corroding.  The delusion is dissolving.  The aspiration is aspirating.”

J          “Everyone suspects that, you know.”

. . .

Bumper stickers of the week:

Justice is a middle class creation, delusion and aspiration.

Gorsuch – retain him in Denver to anchor the Tenth Mountain Division (Tenth Circuit) and search for someone who understands law and justice and is concerned about Truth and Justice

Summer Equinox:  We are getting there

Clinton, Inc., Trump, Inc., Bush, Inc., Kennedy, Inc., O’Bama, Inc. (October 24, 2016)

Posted in Awards / Incentives, Bush, Cameo In Courage Award, Citizens United Decision, Clinton, Collapse, Kleptocracy, O'Bama, Politics, Profile In Courage Award, Schooling, Supreme Court on October 24, 2016 by e-commentary.org

. . .

J          “The Kennedy Corporation is in remission.”

K          “Earnings are down, but the brand is still in play.  They are keeping a spot at the round table with their ‘Profile In Courage Award’ that is bestowed on other members of the Ruling Class.”

J          “That’s it.  I need to give an award to get a reward.”

. . .

J          “After the proclamation by the Republican wing of the Supreme Court in Corporations United that two step corruption is legal and encouraged, the ‘Clinton Global Initiative’ provided the template.  The rich and powerful now can formally invest in and own those in public office.” 

K          “The Owners now can formally own the owned.  ‘Bush, Inc.’ should get more credit because it was one of the first corporations to offer ‘preferred shares’ dubbed ‘Rangers’ and ‘Pioneers’ and the like.  The investment opportunity was first profiled in the e-commentary titled ‘The “Ownership State” and “Bush, Inc.” (April 11, 2005)’ years before Citizens United was foisted on us.”

J          “Trading interests in Senators is also discussed in the e-commentary titled ‘Commodities Futures / Future Commodities (March 8, 2010).’  Add a few shares of a United States Senator to your 401(k) portfolio.”

. . .

K          “Yet the ordinary citizen cannot be a large shareholder.”

J          “The ordinary citizen still can toil as a sharecropper for the shareholders.  The citizen cannot own anyone or anything of substance.  And only the Owners can own the apparatchiks.  It is very subtle.”

K          “There is no ‘Nader, Inc.’  I looked it up.”

. . .

K          “‘Kennedy, Inc.’ has executed a Memorandum of Understanding with ‘Harvard, Inc.’, ‘Bush, Inc.’ with ‘Yale, Inc.’, ‘Trump, Inc.’ with ‘Penn, Inc.’, ‘Clinton, Inc.’ with ‘Stanford, Inc.’ and now ‘O’Bama, Inc.’ with ‘Harvard, Inc.’ and ‘Chicago, Inc.’.”

J          “They sure have inked a lot of inside deals.  Yet ‘Clinton, Inc.’ plays the field and also owns and is owned by ‘Yale, Inc.’.”

K          “Clinton clearly plays the field, yet so do some of the others.  If there is a formal MoU, the kids just show up in the Fall; if there is not a formal MoU, the kids are encouraged to call ahead and let the administrators know they are matriculating.  Unless something more sexy comes up in the interim.”

J          “That’s what I heard.  Seems to work.  Well.”

. . .

K          “The kids who should not make it, do.  The kids who should make it, don’t.”

. . .

K          “There is so much inbreeding and cross breeding.”

J          “With predictable consequences.”

. . .

[See the e-commentary at “The ‘Ownership State’ and ‘Bush, Inc.’ (April 11, 2005)”, “Corporations United (February 15, 2010)”, “Commodities Futures / Future Commodities (March 8, 2010)”, “Schooling The Apparatchiks For the Kleptocrats (December 7, 2015)” and “On Merit and the Meritocracy (January 11, 2010).”]

[See the incisive commentary of America’s greatest political, economic and social commentator of the last century, George Carlin.  Professor G. William Domhoff’s classic examination of power in America, Who Rules America?, could serve as the written text and footnotes to accompany Professor Carlin’s public presentations.  Both develop observations developed earlier by Professor C. Wright Mills in The Power Elite.]

Bumper stickers (or window stickers) of the week:

Harvard, Inc. College            Yale, Inc. Law School

The Elite ain’t.

If Hamilton returned today to survey the outcome of his financial innovations, he would be appalled, outraged and disgusted by the degeneration of the American economy into a Kleptocracy. 

Dividing The Divided Supreme Court In A Divided Country (October 3, 2016)

Posted in Constitution, Elections, First Monday In October, Immanentizing The Eschaton, Presidency, Supreme Court on October 3, 2016 by e-commentary.org

. . .

K          “Divide the Court.  The Court is already quasi-formally divided, yet they meet in joint session.  The country is already divided.  Formally divide the Court in two.”

J          “So we simply acknowledge the divide in the country and divide the country and the Court in twain.  That is where we are heading.  That is our destiny.” 

K          “There is talk of dividing the Ninth Circuit which, if it is done, is always along geographic lines.  The Supreme Court is divided along easily demarcated ideological lines and adequately defined geographic lines.  The four Red Catholic Republican Institutionalist Boys should propound the law in the Red States.  The four Blue ‘Jewish’ Democratic Individualist ‘Girls’ should propound the law in the Blue States.”

J          “One Great Decision.  Two utopias.  I like it.”

K          “What is truly promising is that neither side would be forced to undertake and endure a great constitutional convention; that prospect is terrifying.  Each team could have a mimeographed copy of the same Constitution.  And then each team could continue to reach opposite results.”

. . .

J          “That would allow everyone in the two Americas to immanentize the Eschaton everywhere at the same time.”

K          “Not exactly.  One team would allow everyone in Blue America to immanentize the Eschaton and the other team would not allow anyone in Red America to immanentize the Eschaton.”

J          “Exactly.  Toward a more perfect division.”

. . .

[See the e-commentary for the last half dozen years in the Category “First Monday In October”, “Boycott Red America (January 3, 2005)”, “Immanentize The Eschaton: Move To Sunny Somalia (December 20, 2010)” and “Immanentize The Eschaton.  Say What? (August 22, 2016).”]

Bumper stickers of the week:

The Election is all about the Court

We are selecting one of the two Courts not one of the two court jesters

With liberty and justice for some

Better the crook we know than the crazy man we don’t?  Applying The Conservative Tie Breaker. (June 20, 2016)

Posted in Clinton, Elections, On [Traits/Characteristics], Political Parties, Politics, Presidency, Solstice, Sports, Supreme Court, Trumpi, Wall Street, War, War and Wall Street Party on June 20, 2016 by e-commentary.org

. . .

K          “Better the crook we know than the crazy man we don’t?”

J          “You sure?”

. . .

K          “Better the crazy crook we know than the crooked crazy man we don’t?”

J          “You sure?”

K          “Better the war-savoring, crazy crook we know than the xenophobic, crooked, crazy man we don’t?”

J          “You sure?”

K          “Better the war-savoring and Wall Street-favoring, crazy crook we know than the xenophobic, bigoted, crooked, crazy man we don’t?”

J          “You sure?”

K          “Better the lying, war-savoring and Wall Street-favoring, crazy crook we know than the lying, xenophobic, bigoted, crooked, crazy man we don’t?”

J          “You sure?”

. . .

J          “We are now stuck with two presumptuous Presidential nominees and zero hope.”

K          “Clinton is part of the problem; the Donald does not even understand the problem.  Full stop.”

J          “I’m sure that we have a problem.”

. . .

K          “The conservatives resolve these conundrums by resorting to the aphorism:  ‘Better the devil we know than the devil we don’t.’”

J          “I sure don’t know who is the devil we know and who is the devil we don’t?”

K          “In the final analysis, it all comes down to the Supreme Court.”

. . .

K          “The solstice is the sunniest day of the year up here.  Defaulting to the lesser of the two diabolical devils isn’t the most promising ray of sunshine.”

J          “It starts getting darker every day after 22:34 UTC this afternoon.”

K          “There are still some long days in our future.”

. . .

[See the e-commentary at “The First Look At The ‘Second Political Party’ (January 3, 2011).”]

Bumper stickers of the week:

“And how many more of these stinking double-downer sideshows will we have to go through before we can get . . . a chance to vote for something, instead of always being faced with that old familiar choice between the lesser of two evils?”  Hunter S. Thompson

Better the crook we know than the crazy man we don’t?

The other election this week in Britain on the “Brexit” will be revealing.

Cleveland was hot yesterday and may be hot this July.

Ali (June 6, 2016)

Posted in Awards / Incentives, Courts, FBI, Judiciary, Justice, Military, Newspapers, NSA, On [Traits/Characteristics], Race, Religion, Society, Sports, Supreme Court, Vietnam, War on June 6, 2016 by e-commentary.org

. . .

3          “Some individuals are known by their first names.  Attila, Twiggy, Cher, Oprah.  ‘Ali’ was his brand after he rejected the name he was branded with at birth.”

5          “Yet the name he repudiated – Cassius Marcellus Clay, Jr. – reeks of royalty and speaks respect.  Sounds like the name of someone who would sport a repp tie, but he had to elude those who wanted to place a noose around his neck.”

3          “And then he made them place a few medals around his neck.  Have you noted that one hundred percent of those who insist on calling him ‘Cassius Clay’ despise him and despise Blacks.”

5          “Life provides so many revealing tells.”

. . .

5          “Rare is the young American who musters the poise, focus and conviction to change name and religion when the change will be universally and publicly excoriated.”

3          “And then when they tried to muster him into the military and threatened him with conviction, he confronted them with his convictions.”

. . .

5          “The Associated Press photograph of him sporting a tasteful, conservative suit and tie while being escorted through a gauntlet of uniformed soldiers from an armed forces examining station in Houston, Texas after refusing to join the Army is a powerful tableau of conscience confronting power.”

. . .

3          “When his legal case went to the Supreme Court, the Court went to unprecedented lengths and widths and heights and bent over backwards and forwards and sidewards to exonerate him without creating a precedent that would apply to anyone else.  Rare if not unique justice for a rare if not unique man.  If everyone else in America could receive just one one hundredth the judicial attention he received, we would live in a just Republic.”

5          “Courts usually bend over backwards and forwards and sidewards to uphold whatever the government inflicts on an individual.”

3          “In a just Republic, other young men, black and white, etc., would and should be able to cite Clay [(, also known as Muhammad Ali)] v. United States, 403 U.S. 698 (1971), to object to participation in an unconscionable war.”

. . .

5          “In a secret operation code-named “Minaret”, the National Security Agency monitored the communications of Ali and others and provided information to the Federal Bureau of Investigation.”

3          “The time-honored way that America celebrates its heroes.”

. . .

5          “At the time, I was told that we were born to be outwardly reserved and yet inwardly confident.  Ali, I was told, was born into circumstances that forced him to exude bravado because he spoke for millions of oppressed and suppressed people.”

3          “So he may have been too humble and reserved under the circumstances?”

. . .

5          “Unlike most, he had swift hands; like all, he had clay feet.  We can properly eulogize him properly yet not canonize him unequivocally.”

. . .

[See the e-commentary at “The FBI File:  The American Imprimatur Of Success (January 18, 2016)”.]

Bumper stickers of the week:

“I am America.  I am the part you won’t recognize.  But get used to me.  Black, confident, cocky.  My name, not yours; my religion, not yours; my goals, my own; get used to me.”

“War is against the teachings of the Qur’an.  I’m not trying to dodge the draft.  We are not supposed to take part in no wars unless declared by Allah or The Messenger.  We don’t take part in Christian wars or wars of any unbelievers.”

“Keep asking me, no matter how long,
On the war in Vietnam, 
I sing this song:
I ain’t got no quarrel with no Viet Cong.”

“Man, I ain’t got no quarrel with them Viet Cong.”

“Why should they ask me to put on a uniform and go ten thousand miles from home and drop bombs and bullets on brown people in Vietnam while so-called Negro people in Louisville are treated like dogs and denied simple human rights?      No, I’m not going 10,000 miles from home to help murder and burn another poor nation simply to continue the domination of white slave masters of the darker people the world over.      This is the day when such evils must come to an end.  I have been warned that to take such a stand would cost me millions of dollars.  But I have said it once and I will say it again.  The real enemy of my people is here.      I will not disgrace my religion, my people or myself by becoming a tool to enslave those who are fighting for their own justice, freedom and equality.  If I thought the war was going to bring freedom and equality to 22 million of my people they wouldn’t have to draft me, I’d join tomorrow.      I have nothing to lose by standing up for my beliefs.  So I’ll go to jail, so what?  We’ve been in jail for 400 years.”

“My conscience won’t let me go shoot my brother, or some darker people, or some poor hungry people in the mud for big powerful America.  And shoot them for what?  They never called me nigger, they never lynched me, they didn’t put no dogs on me, they didn’t rob me of my nationality, rape and kill my mother and father…  Shoot them for what?  How can I shoot them poor people?  Just take me to jail.”

“At home I am a nice guy, but I don’t want the world to know.  Humble people, I’ve found, don’t get very far.”

 

A Second Party:  Trump or Sanders? (March 14, 2016)

Posted in Banks and Banking System, Democrats, Elections, Federal Courts, Freedom / Liberty, Republicans, Stock Market, Supreme Court, Tea Party, Voting, Wall Street, War, War and Wall Street Party on March 14, 2016 by e-commentary.org

. . .

J          “Do political ideas proceed along a line/continuum or around a circle?”

K          “The ACLU card-carrying citizen turns around and bumps into a ‘Who is John Galt?’ hat-wearing libertarian sporting an ‘Ayn Rand Paul’ button.  Each should wonder whether they have something in common.”

. . .

K          “Trump supporters yearn for someone who speaks his mind – right or wrong – rather than a politician who only lies and lies and lies and lies to them.”

J          “Can you blame them.  But it is still a message of hate and fear.  I can blame them.”

K          “Disturbing message and tone, I agree.  And then Sanders notes that socialism/crony capitalism has made the wealthy even wealthier and thus socialism without crony capitalism may offer some promise for the non-wealthy.”

J          “Two strains of populist messages at a strained time in the Republic.  Yet Trump’s authoritarian message is disturbing and threatening.  The message is no longer conveyed with dog whistles.”

. . .

J          “The two-ring circus to select the ‘D’ representative and the ‘R’ representative of the ‘War and Wall Street’ Party grinds forward.”

K          “Sanders is not the War candidate and not the Wall Street candidate, so he is doomed.”

J          “In the FIRE (‘Finance, Insurance, Real Estate’) World, Trump is more of a ‘Real Estate’ person than a Wall Street/‘Finance’ person, yet he is not interested in or even able to reign in the systematic criminal activities on Wall Street.  He is belligerent and he is bellicose, yet he does not fit in with the Neo-Cons who seek war everywhere all the time.”

K          “‘Belli’ means ‘war’.”

J          “Trump is mean and Trump means war on some groups.”

K          “So he is the Quasi-War and Quasi-Wall Street Party candidate.”

. . .

K          “The real war is over the Supreme Court.  In past years, the Democrats tended to appoint slightly less dishonest federal appellate and district court judges, although recent Democratic appointments are as dishonest as the Republican appointments.”

J          “They vitiated the last remaining tie breaker.  Now who do you vote for?”

. . .

J          “The Owners own Clinton, Cruz, Rubio, Bush, Romney and their ilk.  Sanders and Trump are speaking too freely.”

K          “Hillary Cruz, Ted Rubio, Marco Bush, Jeb Romney and Mittens Clinton.  No matter how you mix it up, it is all the same.”

. . .

[See the e-commentary at Tea Party And Innocence Project Form ‘Liberty Alliance’ (September 9, 2013) and The “War and Wall [Street] Party” On The War Path (February 1, 2016).]

Bumper sticker of the week:

Nihilism as a response to the deeply-entrenched Kleptocrary is not always irrational.

natural born Citizen; Natural Born Killers (March 7, 2016)

Posted in Constitution, Democrats, Elections, Judges, Judicial Arrogance, Judiciary, Originalism, Presidency, Republicans, Supreme Court on March 7, 2016 by e-commentary.org

. . .

K          “An individual who is not a ‘natural born Citizen’ such as John McCain and Ted Cruz is not eligible to be President or Vice President of the United States.  The ‘Originalist’ interpretation of the phrase ‘natural born Citizen’ in the U.S. Constitution is clear and unassailable.”

J          “To honor Scalia’s passing and continue its practice of intervening in elections, the Supreme Court should invoke its inherent jurisdiction and enter an injunction enjoining Ted Cruz from running.  For the good of the cause.  And the Constitution.”

K          “Indeed.  Certainement.  Post haste.  He professes to be an honorable man.  And also one of the original ‘Originalists’.  He would surely concur.”

. . .

J          “Many clear thinking individuals now maintain that those born in the United States and those born elsewhere who meet legal requirements meet the contemporary understanding of citizenship at birth.” 

K          “That is the perspective of the see-me, feel-me, touch-me; I’m-okay, you’re-okay; peace, love and Woodstock; tune-in, turn-on, tune-out; get-down, get-funky; if-it-feels-good, do-it school of jurisprudence.”

J          “Yup.”

K          “Kinda makes sense.”

J          “Does.”

. . .

K          “The boys debating with the one who is not a ‘natural born Citizen’ are behaving like ‘Natural Born Killers’.”

J          “So in the one who is not a ‘natural born Citizen’.”    

. . .

[See the discussion at http://www.vox.com/2016/2/18/11058038/ted-cruz-court and https://www.washingtonpost.com/opinions/ted-cruz-is-not-eligible-to-be-president/2016/01/12/1484a7d0-b7af-11e5-99f3-184bc379b12d_story.html?tid=pm_opinions_pop_b.]

[See the discussion at http://www.newyorker.com/magazine/2016/02/29/antonin-scalia-looking-backward.]

Bumper stickers of the week:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Fukushima Daiichi