“A rose is a rose is a rose.” — Gertrude Stein “A fascist is a fascist is a fascist.” — Anonymous
I had a dream, American, (But now I can’t),
Iconic and ironic in its inner core.
The Founding Fathers, somewhat smug & ignorant
Of Life and Love beyond the European shore
Unwittingly might see a noble people dark
As less, and bless twin evils: Slave & Masterhood.
Yet dimly saw perhaps a democratic arc.
Provide for ways to grow a land of humanhood.
Remember to find the light — wherever you can. And then add to it. No matter how small, it helps.
Alas that dream seems dashed upon the rocks of creed
A manic sycophantic oliphant has come
To overturn both logic, love with crap & greed.
Pretending not to notice what we’ve learned; plays dumb.
It tramples rights of non-white, poor, and double X’s.
Projects itself upon a pedestal, and hexes.
The real strength of the oliphant is less than you think; because it is fragile as anything based on a lie inevitably will be. Strength requires being tied to reality without being enslaved to it. We can imagine and strive toward something better.
Endless support of nature means endless support of beauty. The value of natural beauty on this earth far exceeds even all the wonderful works of artists and artisans in every land. That’s not to say such things aren’t wonderful and up-lifting. They are. But if we destroy the natural world, even if we could somehow live, we would be immensely poorer no matter how “rich” we were.
They practice witchcraft of a very shifty sort
And thus, with evil devils, they themselves consort.
The logic they pretend to worship, they contort.
They gorge on earth and every shred of life they can.
They cite the lies with which our history once began
Ignoring all the truths since learned so they can ban —
All life is not black and white. In fact, very little of it is.
The lives and loves of what they do not understand.
They stuff their ears to drown the sound of those they’ve banned.
They cover eyes to blind their brains to flames they’ve fanned.
The air and sea are fouled: – by blood-soaked, unlearned hand.
They point their blame toward each direction in the land.
If everyone caves, they’ll expand their demand. We’ll all be damned.
Even at sunset, find the light. Even after sunset, find the light. The light will lead to truth and the truth will set you free.
It cannot stand. Fallacious fascism falls and fails.
It won’t be folx, but traitorous cheats who’ll fill our jails.
The Fire of Love is Fire that Works: The Fire of Life.
Fulfill America’s Dream. The Dream beneath the Dream.
Help everyone see and feel the Theme beyond the Theme.
The Fire of Love is Fire that Works. The Fire of Life.
We need a land that works for everyone who’s here.
For rich, and poor; for men and women, straight or queer.
For blue, for yellow, red and white. Behold the Light!
For each heart knows that “Cheat and Lie” cannot be right.
Divide’s a trap for fools. It’s history that schools:
Don’t follow those who promise jewels then break all rules.
Silver buttons, golden boughs, ornately jeweled fingers.
Adorning ditches alongside random tires and used syringes.
So much depends upon a little red gully
Filled with muddy, bloody, rain-water.
“There is always light if … ” – Amanda Gorman
The demagogue was not a demigod after all.
Dictatorship turned out not to be so much fun after all.
And after all, after all the joy of wanton cruelty faded
Survivors just got jaded and all the joy faded.
After all the promises unkept and all the lies exposed,
After all the hypocrisy grew like hairy poison vines
And after all the trees were felled, life itself rebelled.
After all the hate replaced each and every seed and every need.
It wasn’t so much fun after all. Not to die nor even to bleed.
“There is always light if we are brave enough…” Amanda Gorman
They shoot horses don’t they?
Yes — Buttheyshootdogsandcats and anythingtheycan. Food is scarce, for sure. But it isn’t just for food. It used to be for fun.
But now it’s just another humdrum way to fight boredom
Laced with randomness and ruin and rum.
“There is always light if we are brave enough to see it.” Amanda Gorman
Even the scab-faced Bannonites. And the golden calves of sanctimonium, Radioactive to the core,
As is the mango pit they still adore, Even they who wanted check and slay,
All are nothing more than shadows on the dead and empty warscape.
Killing off the ecosphere had all the “inconvenience” of a rape.
“There is always light if we are brave enough to see it. There is always light…” Amanda Gorman
This was the summer of our discontent.
Too hot to live, the grid had nothing more to give.
Lack of AC proved a prize for everyone!
Not just those too poor. Surprise!
The greed, after all, charged its own lightning fast steed
Of the apocalypse.
After all the trials and after all the errors, After all the pilgrims and their progress. After all the pillage and the patriots No-one was saved, after all.
There was only the infinite regress —
Not to the mythical fifties,
Not to flags Confederate,
Not to ages medieval
Nor even to Empires Latinate
After all, after all the shattered dreams of millions,
Just aching to be free,
We let it all slip away;
Pretending not to know our history,
Pretending that there is no devil to pay
When we cheat each other day after day after day after day.
“There is always light if we are brave enough to see it. There is always light if we are brave enough…” Amanda Gorman
It doesn’t make anything great, after all.
It doesn’t make anything better, after all.
Being a baby that fusses and musses
Isn’t so wise after all
When there are no adults left to clean up the messes.
“There is always light if we are brave enough to see it. There is always light if we are brave enough to be it.” — Amanda Gorman
(For a time, Sunday’s are for sonnets. We begin with free, chaotic verse that coalesces into a sonnet, but with ABBA stanzas, rather than the more traditional ABAB of Shakespearian sonnets).
PREAMBLE:
A loser.
More than anything. A loser.
Love: A loser.
Business: A loser. Bravery: A loser.
Elections: A loser.
No creator, just a hater. A waiter for the Putinate.
The dawn upon the lawn
Shows the blood of many innocents.
Not a teacher, not a preacher. If he can, he’ll try to reach her, Stick his sickly sticky stubby hands
Beneath her bands. It’s his closest approach to broach
The subject of true love. Lady Liberty he’d gladly grope
Many Paths eagerly took the hand of Shadow Walker. The latter said, “Let’s walk to the top of Wolf’s Back Ridge. We can pick some blackberries on the way. I wanted to tell you about an interesting conversation I had with Horse Whisperer the other day.” Many Paths smiled and nodded in assent. Despite the opening, they walked in silence for a time. This suited Many Paths for her mind was still on the conversation she had just had with She Who Saved Many Lives. At last, they came to the bend in the path where the blackberries grew. They were warm and luscious from the sun.
As they picked — and ate — Shadow Walker said, “So. Horse Whisperer. Of all the people we know, he surely is the most fluent in ROI.” Shadow Walker could see that a dark cloud passed over the face of his lover. “I know. I’m no fan of the ROI either. Yet, eventually, we need a way to invite them to the Meeting of the Six Tribes. Tu-Swift vouches for him, in a way. Horse Whisperer was okay with being part of the business of stealing children and selling them for slaves to the Z-Lotz. That’s true. But now, I think he is … his mind is more aligned with our ways than theirs. He is happier than he ever was in the ROI. And, he knows that. He mentioned it to me when we were fishing the other day.” Shadow Walker laughed and added, “Well, when I was fishing. He knew nothing about it. Can you imagine? All his life was ordered around taking care of the horses. He knew very little about fishing, or even hunting, or being a warrior. The ROI — they are very — their lives are put into different urns. And, they live most of their lives in those urns. Or, I suppose, I should say ‘lived’ because I’m not even sure there are enough ROI left to have a way of life separate from the Z-Lotz. I told him what I saw and heard when I was a captive of the Z-Lotz; namely, that after the ROI lost their village, the ROI who fled to the Z-Lotz village were little better than servants — almost slaves, really.”
Shadow Walker paused to create a space for Many Paths to comment. None was forthcoming so he ventured on. “When I told him that, he simply nodded and said that he would suspect as much.” There was no trace of anger or resentment in his voice. It was as though I was describing a tree or a way to climb a bluff. He didn’t seem to blame the Z-Lotz. He was not surprised. Anyway, this led to a deeper conversation about his own beliefs about the world. He has very little to say about how the various tribes have decided to arrange themselves other than to acknowledge that there are vast differences. He enjoys living among us.”
Many Paths nodded. “Yes. I think so too. Tu-Swift said that he was a kind as he was allowed to be, both with him and with the horses. He doesn’t seem to enjoy cruelty, but he was not averse to being cruel if and when custom required it. But what are you suggesting, exactly?”
“The Z-Lotz, we now know well, can be quite treacherous. They came to us with supposed gifts and they were poisons that ruined Stone Chipper and requested … well, really, demanded that you go see them. I have no doubt that they would have killed you … or perhaps demanded we surrender to them in order to save your life.”
Many Paths grimaced at this. “I hope you would have sense enough not to ever go along with such a trick! They are not to be trusted!”
Shadow Walker nodded. “I agree. But you are well-loved, and not just by me. It may have been difficult … anyway, the point is, how do we bring the ROI and Z-Lotz to the Meeting of the Six Tribes when we cannot trust them? And, we know very little of their language and customs. We tried having us sneak into the Z-Lotz village to learn more and that certainly did not go as planned. Eagle Eyes & I were very lucky to have escaped. And now we find ourselves in a position of ignorance about their current situation. The parents of Cat Eyes, Tree Vines and Gathers Acorns, were prisoners long enough to have learned something of their ways. Other than that, we have learned the most from Cat Eyes herself.”
“True,” said Many Paths, “But who are we talking about here? Horse Whisperer? Or, Cat Eyes?”
Shadow Walker sighed. He smiled and realized he wouldn’t mind a few more blackberries. “I am not sure I have the full answer. I just have a feeling that Horse Whisperer can be trusted and he knows much about the ROI. If the ROI were still in their separate village, I would say we should send him to meet with the ROI and convince them to come to the Meeting of the Six Tribes. Unfortunately, we don’t have that option. The ROI are embedded now with the Z-Lotz. And, the person most well-suited to dealing with them is Cat Eyes. Although…”
Many Paths plucked a few more of the delicious blackberries and placed one on the lips of Shadow Walker who closed his eyes with pleasure. He chuckled and said, “That is the most delicious berry yet!”
Many Paths tilted her head and asked, “Although what?”
Shadow Walker sighed. “They might. They might still view me as their leader. I don’t know. It would be risky.”
“What!?” Many Paths frowned. “You are not going to go there again! As you said, you were lucky to escape with your life! I need you and the Veritas need you. It’s true that I cannot well predict the Z-Lotz, but it seems quite likely that they would simply kill you on sight. Or worse.”
Shadow Walker spoke quietly. “Yet, just a few minutes ago, you said that if we could save your life by surrendering to the Z-Lotz we should not do it.”
Many Paths scoffed. “Because there wouldn’t have been any point! They cannot be trusted to keep their word!”
Shadow Walker bit his lip. “I know. That’s why I think we have a dilemma. You don’t trust them. I don’t trust them. The person who knows them the best — Cat Eyes — she certainly doesn’t trust them. I think it may be in their nature. In the same way that Horse Whisperer would help his tribe steal children without seeing anything wrong with it, I don’t think the Z-Lotz think lying and cheating and going back on their word means anything — or at least, it doesn’t mean what it does to us. We need to be careful. But if we really can’t trust them at all, then, what can come of a Meeting of the Six Tribes? Perhaps it should only be a meeting of the Five Tribes. Perhaps, when the Z-Lotz see the advantages to all five tribes, it could get them to change their ways. I don’t know. What do you think?”
Many Paths let out a long sigh. “I think we have eaten enough berries for one day. We’ve tamed eagles. And we’ve trained wolves. And we’re learning to tame horses. From Horse Whisperer. Maybe you’re right. Maybe it’s too large a leap to trust them at a council. That still leaves the problem of how to separate the ROI from the Z-Lotz and even if we succeed, that will certainly do nothing to help the Z-Lotz trust us! The last thing we did was to destroy — or at least temporarily disable — their precious killing sticks.”
Shadow Walker frowned. “We had to do that. If not … “
Many Paths nodded vigorously. “I know! I know! You did the right thing. I agree. But just as it’s hard for us to trust them, it will be hard for them to trust us as well.” Suddenly, Many Paths put up her hand for quiet and made the short but quick gesture to get down. Shadow Walker fell silently to his belly and put his hands behind his ears for better listening. The two of them slowed their breathing and listened. Something — or someone — seemed to be slithering in the blackberry bushes.
It’s nearly Christmas! Well, not really. But before you know it, Yuletide decorations will be everywhere and it will be well past the optimal time to choose a gift for your favorite ultra-wealthy, tax-avoiding, dead-eyed, sociopath who already has everything.
Never fear! I am here! I have catalogued those items most needed for the very neediest amongst us: the born-rich, old white males who, as we all know (because they tell us constantly) are the most unfairly treated group in all human history. They selflessly spend their own precious time prescribing what others may or may not do in their “private lives” because — let’s face it — women, and POC and Native Americans and immigrants and college kids and Hispanics and did I already mention immigrants? And females and homosexuals and lesbians and vegans and vegetarians and people who believe in science and evolution and math and facts and such can not be trusted to make decisions for themselves! Oh, my no! So, the old white guys are stepping up and stepping in whether they’re wanted or not. They don’t have time left over from this precious work of theirs to find presents for themselves. We have to … I should say, we have the privilege to do it for them. It’s a daunting task, but I have made it much easier for us all!
Each gift chosen from this catalog will be wrapped with one ton of earth-trashing plastic! But mainly it’s the gift itself that will let you know that you did your part to show your appreciation for the tireless efforts of that under-represented under-appreciated segment of our society — the White Old Rich Male Sociopaths — WORMS for short — among us. Their vision is legendary, often extending far beyond their fingernails all the way to their bank accounts. Their courage is so awesome as to require almost no statement. Almost. But just to remind folks of one of a few of their sacrifices, imagine an eleven year old gets raped by her step-father and now she has to agonize about whether to have an abortion or have a baby to take care of. No problem! The WORMS have graciously decided to take that decision completely off the table for her. Whew! Problem solved.
And, that’s not all. What about that troubled teen Todd, a child of one of the WORMS, whose teacher threw him out of the spelling bee in the first round simply for misspelling the word “treason.” Come on! One word and he’s out? What kind of bee is that? He spelled it: E-L-E-C-T-I-O-N. Pretty darned close! Right? E, T, O, and N are in both words! Anyway, free and fair elections are treasonous as everyone knows. Women shouldn’t be allowed to vote unless their owners/husbands can be sure they’ll vote as ordered like Amy Bare-it. And POC? Seriously? Who says they can vote? Anyway, the point is, terrible problems like this are solved all the time by those unspoken heroes, the WORMS. In this case, the WORMS are making sure kids like Todd have access to assault weapons so they can express their frustrations in an appropriate fashion — by honoring the Constitution and its Most Holy Second Amendment. Who but the WORMS are there to make sure that no-one actually reads the Second Amendment because that would confuse ordinary mortals since the Founding Fathers accidentally spelled “individual” as “well-ordered militia.” A typo. Obviously. Duh!
Anyway, no need to keep dwelling on how utterly fantastic and under-appreciated the WORMS are. I’ll just say one more thing and then, I promise to move on to the exciting catalog itself. Did you know that some of the non-WORMS are trying to change your habits so that the earth is viable for future generations? What nonsense, right? Who cares if future generations are flooded, or starved, or can’t get clean drinking water, or thousands of species die or humans are plunged into endless war? Trivial stuff like that can always be solved by the WORMS. But meanwhile, they’re trying to reduce plastic? Plastic? Are they nuts? In the beginning, Ben heard the word! And the word was “Plastics”! ‘Nuff said.
As for the gifts themselves, the first thing to say is that you can rest assured that none of these gifts will be the kind of worthless trinkets that poor people buy with their money — you know — trivialities like clean water, food, clothing, shelter, health care. What fun are necessities? How crude! How rude! No sir! None of these gifts will be consist of necessities. These are gifts that show distinctiveness and fine taste.
(All prices are current estimates based on current Market Conditions. All prices are subject to change without prior notice).
US Representative What better gift for WORMS than having their very own US Representative in their pocket? Representatives come in a variety of special flavors including, but not limited to:
Wacko Conspiracy Theorists! One of our most popular items! Whether it’s Jewish Space Lasers or Ersatz meat from a Peach Tree Jar or Vaccines with Computer Tracking Devices, your WORMS can own a US Representative who will spout ridiculous absurdities to distract everyone from their tireless work destroying US Democracy! Current Market Price: $300,000.
Gun-Toting Incompetents! What better way to help squelch any semblance of stately debate than to have your very own Representative show up with an assault weapon, hand grenades, or even a sawed off shotgun! Is it illegal? Sure it is! That just makes it all the more fun! Can be yours to give for the low, low introductory price of only $6969.
Table Banging Blowhards! What a nice gift this makes for WORMS. Whether it’s a child rapist or merely a former wrestling coach who looks away from sexual predation right under his nose, the Table Banging Blowhard will quickly turn any substantive debate about policy into a shouting match. What a fun way to destroy the world’s oldest continuous democracy! $75,000.
US Senator If there’s one thing WORMS like more than their own “Representative”, it’s having their own Senator! One of the advantages of owning a Senator is that they never have to show their ownership by actually voting on things. They can simply refuse to vote! You remember those movies where a Senator “stands on principle” and yacks it up till everyone loses patience and interest on a topic? Those were the bad old days. In today’s Senate, they don’t actually have to filibuster to filibuster; they just have to say they will.
The Hypocrite’s Hypocrite! Made from moldy bread and manure heaps, yet much resembling an aging turtle, these fine folks can not only speak from both sides of their mouth at the same time; they can do it with mock sincerity! They can explain on Monday why even considering thinking about nominating a Supreme Court justice with a Presidential election only a decade away is against common sense, the spirit of the Constitution, the Legend of Babe Ruth, the rules of propriety, and the bylaws of Kentucky’s largest Chicken! On Tuesday, they will explain why it is crucial to confirm a Supreme Court justice with a Presidential election already on-going! Each Hypocrite’s Hypocrite comes with dead shark eyes and is guaranteed to have undergone a complete bilateral ethicsectomy. Price — a mere $500,000.
The Sick Sycophant! The sick sycophant will periodically make a run for the Presidency! During this time, they will explain, with apparent sincerity, why the would-be dictator they are running against would not be good for America. They will explain that he is a failed businessman, a liar, a crook, a racist, a sexual predator (self-proclaimed) and that he has zero experience relevant to being a President, or even, come to think of it, anything else. But have no fear! Once the incompetent liar becomes Putin’s nominee, The Sick Sycophant (SS for short) will tout the would-be dick-tater as the best thing since sliced stupidity! If the would-be dick-tater lies, the SS will repeat the lie endlessly. If the would-be dick-tater tells people to drink bleach or stick UV light up their butt, the SS will demonstrate. If the would-be dick-tater tries to sell out his own country to become an actual dick-tater, the SS will vote against impeachment. On special today for only $666, 666.
The Kinky Kid Killer! Often referred to as the KKK, the Kinky Kid Killer will tout how we must protect the innocent life of a fertilized egg or even an egg that might be fertilized or the sacred right of a man to fertilize any egg he wants to, and meanwhile, ensure that actual living, breathing, loving kids are killed on a regular basis. He or she will explain how Americans will never be safe in schools, movie theaters, grocery stores, street corners, rock concerts, post offices, or hospitals until every man, woman, and child in America has their own personal arsenal of conventional, atomic, chemical, and biological weapons. While the favorite way for the KKK to kill kids is via shredding caliber automatic weapons, the KKK is quite versatile. They will often support rolling back food safety regulations, safe water regulations, air pollution standards, workplace safety standards and, naturally, oppose free health care, child care, after school care and lowering taxes on the poor. The KKK is one of our top line items at an even $1,000,000 but guess what? You only have to pay one half of the cost! That’s right! If you act now, the Kremlin will funnel the other half of the cost through the NRA! What a bargain! You really can’t afford not to buy one of these Senators for your favorite WORMS.
Extreme Court Justice These items have only been recently added to our catalog! Act now before it’s too late! The US Extreme Court (formerly known as the US Supreme Court) is the final authority on Big Lies and Partisan Bickering. Help the WORMS completely control every aspect of American life from the proper bedroom behavior to health care options to controlling the press and the media.
The Logician Magician The Logician Magician will cry, scream, threaten, frown, and lie on command! He will wave his hands and drink beer. Hey, he likes beer! He will show you that he cannot possibly have sexually assaulted someone because — Look here! Look here! — There’s no entry in his calendar for the alleged sexual assault! Well, if that doesn’t establish his innocence, nothing will. Also, did I mention that he likes beer? Price: $2,000,000.
The Memory Leak The Memory Leak will answer any question you don’t ask and none of the questions you do ask. Nonetheless, he will eventually make you believe that he’s answered your actual question. For example, if asked about allegations about sexual misconduct he is accused of actually doing, he will say, “I would never do anything designed at making a woman uncomfortable!” (Translation: I only bring up the topic of pubic hairs on my can of coke to turn her on and thereby give her pleasure; not to make her uncomfortable). If pressed for more information, he will say he can’t remember. If asked about whether he supports the decision in Roe v. Wade, he will say, “It’s settled law!” (Translation: The right wing has spent tens of millions of dollars getting conservative justices so we wouldn’t overturn it!) If asked whether he debated the issue in law school, he will say, “I don’t think it ever came up.” (Translation: Seriously? I’m not answering that.) “Should I recuse myself as judge simply because my wife is a probably defendant? My wife? I didn’t remember she was my wife.” (Translation: eff yew) Price: $1,500,000.
The Handmaiden The Handmaiden has plausible deniability about everything because she belongs to a cult that believes women should defer to their husbands on all things. Price may seem high on this one, but remember, these are lifetime appointments and she’s barely out of her teens. Price: $3,000,000.
The Witch-Hunter This guy’s still truly PO’d that Sally Jones wouldn’t agree to be his date for the Senior Prom. Instead, she went with Charlie Jenkins just because Charlie was the football team running back and made All-State. If the Witch-Hunter happens to run across a part of the Constitution he doesn’t like such as the Ninth Amendment (also known as the “Democracy for Dummies” Amendment which basically says just because a right isn’t explicitly listed doesn’t mean it doesn’t exist), he will find an earlier precedent from some other source such as Attila the Hun, say, or an English judge who sentenced women to be burned at the stake for being a witch like Sally who should have gone to the Prom with the judge, but instead chose Charlie Jenkins, damn him. He wants women to be property, not to be mean, of course, but because — you know — it’s nature’s way! Men are bigger and stronger and live longer and are much more likely to be rapists and killers so men are obviously superior! Even the Taliban knows that! And so what if men can’t have babies? How fair is that? How can men even know if the baby is really theirs? You have to keep them indoors and locked up. For their own good, of course. WORMS will love this gift, but this particular robot seems a bit damaged so it can be yours to gift for the bargain basement price of $1,750,000.
Join the club! Help buy American Democracy for WORMS!
Remember our motto: “The life you ruin may be your own, but you’ll ruin lots of others as well!”
Remember our second motto: “All sales are final. We are not responsible. For anything. If we were, we wouldn’t be selling the country to the Kremlin.”
A talking worm develops an extremely loud screaming sound. He’s wrinkled and ugly and orange. But neither his physical ugliness nor his rancorous sound is his worst feature. He has evolved an extremely toxic poison.
How is it so toxic?
It is really three separate toxins: Fear and Hate and Greed. Together they are much more toxic than any one of them is alone.
He blackmails everyone around him, from sea to shining sea. He threatens to release the poison into the air if he doesn’t always get his way.
His way is to take all the money. His way is to take all the power.
His way is to use the money and power to make more toxin.
He uses the extra toxin to threaten even more people that he will release the poison into the air if he doesn’t get his way.
His way is to take all the money. His way is to take all the power.
His way is to use the money and power to make more toxin.
Eventually, he tries to blackmail everyone on earth.
He explains that he is a “self-made worm” — that it is his right to take over the world because he and he alone made the world.
That is, of course, a lie.
Life evolved for 4 billion years. All his ancestors, and the life his ancestors interacted with created the conditions for him to make the toxins. He doesn’t mind that he lies. Lying is fun!
He gets his way. To him, that’s all that matters.
He gets all the money.
He gets all the power.
He’s bored.
For fun, he releases the poison any way.
But now, it’s enough to destroy every living thing on earth.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The above is the text of the Ninth Amendment to the US Constitution. It is not my “distillation” or “summary” of the Ninth Amendment. It is the Ninth Amendment. You may recall that the first ten Amendments to the Constitution are known collectively as the “Bill of Rights.” To me, the Ninth Amendment could, in today’s terminology be titled, “Democracy for Dummies” Amendment. In the linked article in the Wikipedia, you can see that this ninth Amendment was added quite intentionally. In fact, some founders who argued against provisions of the Bill of Rights were worried that by enumerating some rights, such as the right to free speech, later generations might take it to mean that since those rights were enumerated, no other rights existed. So, just to make absolutely sure that no-one would make such a silly mistake, the founders added the Ninth Amendment. This says just about as clearly as it’s possible to say: “Look, just because we didn’t list a right should be not be used to argue that it doesn’t exist.”
Remember that the founders had just waged a war of independence against the tyranny of England. They had essentially bet their lives on winning a war against a much greater military power. They were quite serious about freedom! The passage is short and unambiguous.
The first thought that occurs to me when it comes to a Ninth Article in the “Bill of Obligations” is simply that each citizen should read the Ninth Article. Further, we should be vigilant that no politician, party, or demagogue tries to pooh-pooh it away or intentionally misinterpret it.
It honestly never occurred to me, as recently as a fortnight ago, that a Justice of the Supreme Court would be the one to pooh-pooh it as being meaningless, particularly a Justice who otherwise argues for a “strict reading” of the Constitution. But that’s where we are today.
Justice Alito is so hell-bent on destroying freedoms for Americans that he intentionally pretends he cannot comprehend this single, clear, short sentence in a foundational document for our country. Remember, Justices are sworn in. When they are sworn into office, they swear that they will uphold the Constitution of the United States. There is no “escape clause” in their oath. They do not say, “I swear to uphold the Constitution of the United States except for the parts I don’t like.” They do not say, “I swear to uphold the Constitution of the United States unless people who supported me to get on the court tell me to take a wrecking ball to it.”
Here is the text of the Oath of Office for Supreme Court Justices regarding the Constitution.
“I, _________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
What do you suppose “without any mental reservation or purpose of evasion” means? To me, it means just that. It’s not okay to take the oath of office with fingers crossed behind your back and think to yourself:
“Finally! The opportunity to foist off my ideas about how America should be run on an unsuspecting public. Screw the Bill of Rights! And totally screw all those Amendments and precedents since about having women vote and blacks being citizens and an implied right to privacy. Nope! What I want is an American Taliban. So, that’s what I’ll make happen!”
That’s not what taking the oath of office means.
There is another part of the oath of office for Supreme Court Justices:
“I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.”
What do you suppose it means to swear that you will “administer justice without respect to persons and do equal right to the poor and to the rich”? Would you interpret that to mean that it’s okay to show preference to rich donors? Would you interpret that to mean that you’re going to use the power of your office to enhance white privilege or male privilege? Is it okay to mean that if you happen yourself to be a white male? Is it okay to subvert the oath of office if you happen to believe that things are just better if white males have more power? Is it okay to subvert your oath of office if you happen to believe that, actually, come to think of it, people of color and females really shouldn’t have any rights at all?
If a Justice of the Supreme Court decides to “strike down” part of the Bill of Rights because they don’t find it personally to their taste, what is the appropriate action? How about if they are sworn in while saying one thing but meaning something much different and more self-serving? How about if they lie under oath during their confirmation hearing? How about if they intentionally mislead under oath? Is that acceptable?
Let’s consider what constitutes a lie. Suppose we are playing tennis and you hit a ball that lands near the line on my side. I see it as in, but close. I call it out anyway. You ask, “Really? It’s your call, but it really looked in to me.” I answer, “Well, it was close all right, but I had a really clear look at it. I’d call that ball out every time.” That could be the literal truth. It was close. I did have a clear look. And, since I cheat, I’d call it out every time. But the implication of my statements, in context, is that I am re-affirming that I saw it as out.
Or, suppose you and I are throwing a surprise party for a mutual friend. I tell you, “You know, it’s going to cost some money for the food and drinks for everyone. I’ll go pick up the stuff, but can you afford to pay for half?” You say, “Oh, I can afford to pay my half. That’s the fair thing to do.” Note that you didn’t say you would pay for your half. You just said you can afford to pay half and that it’s the fair thing to do. If I interpret that to mean you will pay half, is there lying involved?
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Here’s another example. You apply for a consulting job on a large new construction job. You give them a lot of good ideas about how to go about solving the problems they presented to you. Instead of hiring you, they decide to use your ideas but have the boss’s brother-in-law implement it on the cheap. In fact, that was their intention all along. You ask about it and the boss says, “We looked at your proposal. Many of the elements of it were exactly what we were planning to do anyway, so we figured, we didn’t really need an outside consultant after all.” Sure. They were going to file a plan with the city, just as you proposed. They were going to file an environmental impact statement, just as you proposed. They were going to hire a crew to do the work, just as you proposed. So, yes, many (three, to be exact) of the elements in your proposal were indeed something that they were going to do even before they read the proposal, but there were also many other elements of your proposal that they had not thought about until they heard your proposal. They had not previously considered passive solar heating, gray water irrigation, or battery back-up. In context, they were intentionally misleading you, perhaps to avoid your suing them.
Suppose you go to a doctor to see about allergies. The doctor has just gotten back from a conference where a paper was presented about an expensive new drug (Damitol) that might work for allergies; unfortunately, some patients lose their sense of smell and others break tendons. The drug company mentioned that doctors who publish papers about good results with Damitol will get free tickets to a conference in Hawaii. The doctor engages in the following dialog with you.
Doctor: “There’s a new treatment for allergies,Damitol. I’m recommending it for you. It’s expensive though.”
You: “Oh, well… aren’t there cheaper drugs?”
Doctor: “Yes, but they don’t always work.”
You: “Does the new drug, Damitol, have side-effects?”
Doctor: “Every drug can have some side-effects, but personally I’ve never seen a single patient with bad side effects from Damitol.
You spend a lot of money on Damitol and lose your sense of smell. Worse, you snap your Achilles tendon.
Did your doctor lie to you? Did he intentionally mislead you?
Are those mealy-mouthed misleaders the kind of characters you really want on the Supreme Court? I certainly do not. It may be tempting to think: “Well, it’s okay to cheat because they are on my side.”
That is precisely the flaw that dictators and would-be dictators have used to gain power since the beginning of time. “Look here,” they say, “I’m on your side. And once I get in power, I’m going to favor you by cheating for you.” It never turns out that way. They lie, and cheat, and appear to favor you in order to gain power. Once they gain power, they will wield it to steal from everyone including you. Putin, e.g., kills generals and oligarchs who support him when it suits him. Killing “the faithful” is an important tool to keep everyone in line. The message is that it doesn’t matter who you are or what you believe or what you’ve done for the dictator in the past. The only thing that matters is what they feel like doing at that moment.
It’s no “accident” that Justice Alito cited an English judge who condemned women to death for witchcraft! It’s a signal to every guy who never learned how to partner or be successful in consensual relationships: “Hey! I’m going to help create a world in which you never have to ask for sex again! Women should be chattel. You’ll be happier that way. And so will they. And if they don’t do what you want, we’ll burn them at the stake. I’ll help you get revenge on all those women who turned you down! And once we begin to burn them at the stake for ‘witchcraft’ (another word for ‘disobedience’), you’ll be surprised how docile they become.”
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