Something broke in America this week

April 13, 2019

Photograph of the diorama of the Great Chicago Fire of 1871 at the Chicago History Museum. Much of America feels like that night in Chicago.http://larchivista.blogspot.com/2011/08/chicago-history-museum-and-old-town.html

It’s a Twitter thread from David Rothkopf. It’s not hopeful, but it’s important to read and digest.

Rothkopf is CEO of the Rothkopf Group, a high-level consulting firm on international and world problems, based in Alexandria, Virginia.

Rothkopf continued his Tweet thread (I won’t post all the Tweets here, just the main content):

The Attorney General sneered at the Congress and placed himself imperiously above its questions. He continued to arrogate onto himself what portions of the Mueller Report–paid for by the people, essentially in its totality to the Congress to do its duty–we would see.

He asserted again that he was the final arbiter of whether obstruction of justice by the president had taken place. He even went so far as to imply that law enforcement authorities carrying out their duty to protect America were somehow “spying”, perhaps illicitly…



David Rothkopf @djrothkopf; his profiles says, ” Proud father of J & L, husband of C, CEO, The Rothkopf Group; host,Deep State Radio;, author of this & that.”

on the Trump campaign. (Ignoring that the reasons for the investigation in question were not only sound…but the core reason…that Russia had sought to aid the Trump campaign in the election had been proven again by Mueller.)

At the same time, the Secretary of the Treasury and the head of the IRS determined to violate a law that required in no uncertain terms for them to provide the president’s tax returns to the chairman of the House Ways and Means committee.

to those who break the law, encouraging a crime and abetting it. We learned that they considered an egregious abuse of power that would involve releasing illegal immigrants in sanctuary cities controlled by Democrats.

We saw the president complain that our military would not rough up immigrants. We saw him continue the charade of an emergency at our southern border which was an excuse for him illegally divert government resources to an unnecessary, racist, vanity project.

The president repeatedly called law enforcement officers who investigated him traitors, guilty of treason–a crime that carries with it the death penalty. We discovered that the president considered appointing his grossly unqualified daughter to be head of the World Bank.

It is the stuff of the world’s most dysfunctional governments. But rather than generating a response from within our system commensurate with the threat, nothing occurred. The GOP leaders in the Senate circled round the president and supported his abuses.

In so doing, they sent a message that they would never challenge him much less convict him of the myriad crimes he has committed. The checks and balances our system was built upon are gone. Worse, the courts are being packed with Trump cronies–often unqualified.

Agencies are being left to appointed caretakers some outside the normal chain of succession, many unconfirmed for their current posts by the Senate. Political opponents tip-toed around these crimes daring not to appear “too extreme.”

This is how democracies die. The rule of law is slowly strangled. The unthinkable becomes commonplace. The illegal becomes accepted–from violations of the emoluments clause to self-dealing to Federal election law crimes to serial sexual abuse.

What once was black and white blurs into grey. Right and wrong, old principles, enduring values, fade from memory. Authoritarians arrive in our midst not in tanks but in bad suits and worse haircuts.

I have long thought our system was better than this–more resilient. But candidly, I’m no longer sure. I remain hopeful…hopeful that the next election cycle can redress this manifold wrongs. But it will not be easy. It will be too close. Trump may be with us for six more yrs.

Why? Because we allowed ourselves to become inured to the unthinkable. We are dying the death of a thousand cuts. Right now, this week, the president and his band of thugs are winning. They have become unabashed in their attacks on the law.

They are daring someone to enforce it. But what if…what if the courts rule against them but they ignore it? What if the Treasury Secretary has violated a law and no one arrests him. What if the president steals and canoodles with enemies and he goes unpunished?

Their crimes will only grow more egregious and their ways will only grow more ingrained in our system. Their violations will in fact become the system itself. Corruption will be the norm-greater corruption,to be sure,since it it was corruption that got us here in the first place.

End of the Tweet thread from David Rothkopf

Here is how some others responded on Twitter.

What do you think? Comments are open.


March 16, 1751, James Madison born

March 16, 2019

James Madison, by Walker Hancock, 1976. Statue from the James Madison Building of the Library of Congress. Architect of the Capitol photo.

James Madison’s birth on March 16, 1751, gets no attention as a federal or state holiday. Journalists usually mark the date with a week of festivities around the date, honoring Madison’s deep dedication to the principles of free press and open government, including his authoring and passing the First Amendment.

Madison’s chief notoriety comes from his work organizing the Philadelphia convention and working to ratify the U.S. Constitution — sometimes he’s called the Father of the Constitution. He also served as Secretary of State in Thomas Jefferson’s administration, and served two terms as President, including the War of 1812.

More:


September 25, 1789: Bill of Rights sent to American people, Congress asked approval

September 25, 2018

From the Atlanta Coin Show: A commemorative gold-clad silver half-dollar provides an image of Madison writing the Bill of Rights with his quill pen with a view of Montpelier in the background.

From the Atlanta Coin Show: A commemorative gold-clad silver half-dollar provides an image of Madison writing the Bill of Rights with his quill pen with a view of Montpelier in the background. “LIBERTY,” “JAMES MADISON,” “FATHER OF THE BILL OF RIGHTS” and “IN GOD WE TRUST” along with “1993” are shown on the half dollar’s obverse.

September 25, 1789, Congress approved and enrolled the proposals, and sent twelve proposed amendments to the Constitution to the states for ratification.  Ten of the twelve amendments were approved, rather quickly, and by 1791 they were attached to the Constitution, known as the Bill of Rights.

The two proposals that failed to earn the required approval of three-fourths of the 13 states fell into a special limbo for Constitutional amendments that became clear only in the late 1970s when Congress discussed how long to wait for states to approve the Equal Rights Amendment (this is a much-simplified explanation, I know).  Congress put deadlines on the ratification process in the late 20th century, but the first twelve proposals had no deadlines.  In the 1980s, Congress passed a law that said any amendments floating around, unapproved, would be considered dead after a date certain.  Senate Judiciary Committee investigation found six such amendments, yet unratified.

Before that deadline passed, more states took a look at one of James Madison’s 1789 proposals, liked it, and passed it.

That amendment became the 27th Amendment to the Constitution, on May 7, 1992, 203 years after it was proposed:

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

This means James Madison, the Father of the Constitution, also proposed the first ten Amendments to the Constitution, ratified by 1791; and he also proposed the 27th Amendment, the last at the moment.

Patience is a virtue in legislative action, sometimes.

A portion of the Bill of Rights is seen at the Vancouver [Washington] Community Library in 2016. (Amanda Cowan/The Columbian)

A portion of the Bill of Rights is seen at the Vancouver [Washington] Community Library in 2016. (Amanda Cowan/The Columbian)

This is an encore post.

Yes, this is an encore post. Defeating ignorance takes patience and perseverance.


2nd Amendment? Don’t forget Article III, section 3; treason still a crime

August 3, 2017

Constitution Article III section 3; image origin unknown

Constitution Article III section 3; image origin unknown

Second Amendment fanatics (distinguished from Second Amendment scholars) often claim a right to overthrow the U.S. government by force, and use that as justification for complete, unbridled rights to own guns and threaten neighbors, city governments, state governments and federal government with violence.

Regardless the history of the Second Amendment and what it was intended to say, no scholar I can find argues that it vitiates or even touches Article III’s provisions against insurrection and violence against the government and government officers.

It may be good simply to review what that clause says.

Article III, Section 3, of the U.S. Constitution:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

No commentary I can find suggests the Second Amendment confers a right to rebellion, a right to revolution, or any exemption from Article III treason.

What do you think? Comments open.

More:

Save

Save

Save

Save


January 9, 2017 – Connecticut flies U.S. flags for statehood

January 9, 2017

Carol Highsmith photo of Connecticut's Hall of Flags

Love this photo: Hall of Flags in the Connecticut State Capitol Building; photo by the great photo-historian Carol Highsmith, from the Library of Congress collection; the statue is Connecticut’s Civil War Governor, William A. Buckingham (1804-1875), honored for his personal contributions to the equipping of Connecticut’s men fighting in the Civil War.

Technically, states didn’t exist at all, yet.

But on January 9, 1788, Connecticut became the fifth of the 13 colonies to ratify the proposed Constitution for the United States of America, and by that action set the date we count as Connecticut’s entery into the union.

Within 12 months, four more colonies ratified the document, totaling nine ratifications required to put the Constitution into effect.  When the government of the new nation started functioning in 1789, Connecticut was counted as the fifth state.

Connecticut capitol building, Hartford

Capitol building for Connecticut in Hartford; this photo is from the rear of the building, so the U.S. flag is flying correctly on its own right. The building was completed in 1878. The dome is covered in gold. Image from Wikimedia Commons

To avoid political scheming by anti-federalist colony governors, especially Patrick Henry in Virginia, in September 1787 James Madison proposed that the draft constitution be ratified not by legislatures in the colonies, but instead by a specially-called convention of the people of the colony.  Connecticut’s convention met first on January 3, 1788. With six days of discussion and debate, the convention passed a resolution of ratification on January 9.

So by tradition, January 9 is Connecticut’s statehood anniversary.  According to U.S. law, the Flag Code and tradition, citizens and residents of a state fly their flags on statehood anniversaries.

Happy birthday Connecticut, 228 years old.

Next date to fly the U.S. flag is January 16, 2016, to honor the birth of the Rev. Dr. Martin Luther King, Jr. January 16 is the official holiday; January 19 is the actual birthday. You may fly your colors on both dates.

More:


Quote of the Trump administration? “What’s the Constitution between friends?”

January 8, 2017

Timothy J. Campbell, Congressman from New York; photo from Mathew Brady negative circa 1870; Library of Congress, Prints and Photographs Division, http://www.loc.gov/pictures/item/2005691716/

Timothy J. Campbell, Congressman from New York; photo from Mathew Brady negative circa 1870; Library of Congress, Prints and Photographs Division, http://www.loc.gov/pictures/item/2005691716/

What’s the Constitution between friends?

–Timothy J. Campbell (1840-1904), Attributed, circa 1885

A little more below the fold? Certainly. Read the rest of this entry »


Georgia’s vote ratified the 13th Amendment, December 6, 1865

December 6, 2016

13th Amendment to the U.S. Constitution. National Archives image.

13th Amendment to the U.S. Constitution. National Archives image.

On December 6, 1865, Georgia’s legislature voted to ratify the 13th Amendment to the Constitution, pushing the total of states past the three-fourths margin required, 27 of 36 states. Secretary of State William Seward proclaimed the amendment ratified 12 days later, on December 18.

But we celebrate it in February.

February 1 is National Freedom Day in the U.S.

Text courtesy of the Legal Information Institute at Cornell University, 36 U.S. Code § 124 reads:

The President may issue each year a proclamation designating February 1 as National Freedom Day to commemorate the signing by Abraham Lincoln on February 1, 1865, of the joint resolution adopted by the Senate and the House of Representatives that proposed the 13th amendment to the Constitution.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

The Library of Congress collects original documents teachers and students can use to study the 13th Amendment; here’s the full page, copied in case they change it:

Primary Documents in American History

13th Amendment to the U.S. Constitution

Thomas Nast's celebration of the emancipation of Southern slaves with the end of the Civil War.
Thomas Nast.
Emancipation.
Philadelphia: S. Bott, 1865.
Wood engraving.
Prints and Photographs Division.
Reproduction Number:
LC-USZ62-2573

The 13th Amendment to the Constitution declared that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Formally abolishing slavery in the United States, the 13th Amendment was passed by the Congress on January 31, 1865, and ratified by the states on December 6, 1865.

Library of Congress Web Site | External Web Sites | Selected Bibliography

Digital Collections

A Century of Lawmaking for a New Nation

This collection contains congressional publications from 1774 to 1875, including debates, bills, laws, and journals.

References to debate on the 13th Amendment (S.J. Res. 16) can be found in the Congressional Globe on the following dates:

  • March 31, 1864 – Debated in the Senate (S.J. Res. 16).
  • April 4, 1864 – Debated in the Senate.
  • April 5, 1864 – Debated in the Senate.
  • April 6, 1864 – Debated in the Senate.
  • April 7, 1864 – Debated in the Senate.
  • April 8, 1864 – The Senate passed the 13th Amendment (S.J. Res. 16) by a vote of 38 to 6.
  • June 14, 1864 – Debated in the House of Representatives.
  • June 15, 1864 – The House of Representatives initially defeated the 13th Amendment (S.J. Res. 16) by a vote of 93 in favor, 65 opposed, and 23 not voting, which is less than the two-thirds majority needed to pass a Constitutional Amendment.
  • December 6, 1864 – Abraham Lincoln’s Fourth Annual Message to Congress was printed in the Congressional Globe: “At the last session of Congress a proposed amendment of the Constitution, abolishing slavery throughout the United States, passed the Senate, but failed for lack of the requisite two-thirds vote in the House of Representatives. Although the present is the same Congress, and nearly the same members, and without questioning the wisdom or patriotism of those who stood in opposition, I venture to recommend the reconsideration and passage of the measure at the present session.
  • January 6, 1865 – Debated in the House of Representatives (S.J. Res. 16).
  • January 7, 1865 – Debated in the House of Representatives.
  • January 9, 1865 – Debated in the House of Representatives.
  • January 10, 1865 – Debated in the House of Representatives.
  • January 11, 1865 – Debated in the House of Representatives.
  • January 12, 1865 – Debated in the House of Representatives.
  • January 13, 1865 – Debated in the House of Representatives.
  • January 28, 1865 – Debated in the House of Representatives.
  • January 31, 1865 – The House of Representatives passed the 13th Amendment (S.J. Res. 16) by a vote of 119 to 56.
  • February 1, 1865 – President Abraham Lincoln signed a Joint Resolution submitting the proposed 13th Amendment to the states.
  • December 18, 1865 – Secretary of State William Seward issued a statement verifying the ratification of the 13th Amendment.

Abraham Lincoln Papers at the Library of Congress

The complete Abraham Lincoln Papers at the Library of Congress consists of approximately 20,000 documents. The collection is organized into three “General Correspondence” series which include incoming and outgoing correspondence and enclosures, drafts of speeches, and notes and printed material. Most of the 20,000 items are from the 1850s through Lincoln’s presidential years, 1860-65.

A selection of highlights from this collection includes:

Search the Abraham Lincoln Papers using the phrase “13th amendment” to locate additional documents on this topic.

The Alfred Whital Stern Collection of Lincolniana

This collection documents the life of Abraham Lincoln both through writings by and about Lincoln as well as a large body of publications concerning the issues of the times including slavery, the Civil War, Reconstruction, and related topics.

From Slavery to Freedom: The African-American Pamphlet Collection, 1822-1909

This collection presents 396 pamphlets from the Rare Book and Special Collections Division, published from 1822 through 1909, by African-American authors and others who wrote about slavery, African colonization, Emancipation, Reconstruction, and related topics.

Chronicling America: Historic American Newspapers

Chronicling America

This site allows you to search and view millions of historic American newspaper pages from 1836 to 1922. Search this collection to find newspaper articles about the 13th Amendment.

A selection of articles on the 13th Amendment includes:

Congress.gov

Constitution of the United States of America: Analysis and Interpretation

The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law. This regularly updated resource is especially useful when researching the constitutional implications of a specific issue or topic. It includes a chapter on the 13th Amendment. (PDF, 201 KB)

Exhibitions

The African-American Mosaic

This exhibit marks the publication of The African-American Mosaic: A Library of Congress Resource Guide for the Study of Black History and Culture. This exhibit is a sampler of the kinds of materials and themes covered by this publication. Includes a section on the abolition movement and the end of slavery.

African American Odyssey: A Quest for Full Citizenship

This exhibition showcases the African American collections of the Library of Congress. Displays more than 240 items, including books, government documents, manuscripts, maps, musical scores, plays, films, and recordings. Includes a brochure from an exhibit at the Library of Congress to mark the 75th Anniversary of the 13th Amendment.

American Treasures of the Library of Congress: Abolition of Slavery

An online exhibit of the engrossed copy of the 13th Amendment as signed by Abraham Lincoln and members of Congress.

The Civil Rights Act of 1964: A Long Struggle for Freedom

This exhibition, which commemorates the fiftieth anniversary of the landmark Civil Rights Act of 1964, explores the events that shaped the civil rights movement, as well as the far-reaching impact the act had on a changing society.

The Teachers Page

American Memory Timeline: The Freedmen

The Emancipation Proclamation and Thirteenth Amendment freed all slaves in the United States. This page links to related primary source documents.

Link disclaimerExternal Web Sites

The Collected Works of Abraham Lincoln, Abraham Lincoln Association

Documents from Freedom: A Documentary History of Emancipation, 1861-1867, University of Maryland

End of Slavery: The Creation of the 13th Amendment, HarpWeek

“I Will Be Heard!” Abolitionism in America, Cornell University Library, Division of Rare and Manuscript Collections

Landmark Legislation: Thirteenth, Fourteenth, & Fifteenth Amendments, U.S. Senate

Mr. Lincoln and Freedom, The Lincoln Institute

Our Documents, 13th Amendment to the U.S. Constitution, National Archives and Records Administration

Proclamation of the Secretary of State Regarding the Ratification of the Thirteenth Amendment, National Archives and Records Administration

Proposed Thirteenth Amendment Regarding the Abolition of Slavery, National Archives and Records Administration

The Thirteenth Amendment, National Constitution Center

Selected Bibliography

Avins, Alfred, comp. The Reconstruction Amendments’ Debates: The Legislative History and Contemporary Debates in Congress on the 13th, 14th, and 15th Amendments. Richmond: Virginia Commission on Constitutional Government, 1967. [Catalog Record]

Hoemann, George H. What God Hath Wrought: The Embodiment of Freedom in the Thirteenth Amendment. New York: Garland Pub., 1987. [Catalog Record]

Holzer, Harold, and Sara Vaughn Gabbard, eds. Lincoln and Freedom: Slavery, Emancipation, and the Thirteenth Amendment. Carbondale: Southern Illinois University Press, 2007. [Catalog Record]

Maltz, Earl M. Civil Rights, the Constitution, and Congress, 1863-1869. Lawrence, Kan.: University Press of Kansas, 1990. [Catalog Record]

Richards, Leonard L. Who Freed the Slaves?: The Fight Over the Thirteenth Amendment. Chicago: The University of Chicago Press, 2015. [Catalog Record]

Tsesis, Alexander, ed. The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment. New York: Columbia University Press, 2010. [Catalog Record]

—–. The Thirteenth Amendment and American Freedom: A Legal History. New York: New York University Press, 2004. [Catalog Record]

Vorenberg, Michael. Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment. Cambridge; New York: Cambridge University Press, 2001. [Catalog Record]

Younger Readers

Biscontini, Tracey and Rebecca Sparling, eds. Amendment XIII: Abolishing Slavery. Detroit: Greenhaven Press, 2009. [Catalog Record]

Burgan, Michael. The Reconstruction Amendments. Minneapolis: Compass Point Books, 2006. [Catalog Record]

Schleichert, Elizabeth. The Thirteenth Amendment: Ending Slavery. Springfield, N.J.: Enslow Publishers, 1998. [Catalog Record]

Save

Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


%d bloggers like this: