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Jack is a graduate of Rutgers University where he majored in history. His career in the life and health insurance industry involved medical risk selection and brokerage management. Retired in Florida for over two decades after many years in NJ and NY, he occasionally writes, paints, plays poker, participates in play readings and is catching up on Shakespeare, Melville and Joyce, etc.

Monday, March 24, 2025

March 24, 2025 - The Future for Democrats, Evolving Media, Abandoning the Constitution, and Judicial Review

 

Finding the Way for DemocratsA Quest for Future Leadership    


Representatives Jason Crow and Alexandria Octavio-Cortez
(composite photo from 2021 protests of Capitol insurrection.)

                                          

The Democratic Party seems to be wandering in a desert of disarray.  I believe that its future rests with those like Colorado’s Representative Jason Crow, who seems to recognize the importance of those blue-collar, family-oriented voters who might have to shower after a sweaty day at work as opposed to the votes of those who shower before going to work, the mistake that lost them the Presidency and Congress to MAGA Republicans in 2024. Crow is heading up the selection of Democratic Congressional candidates trying to capture currently Republican House seats.

The Democrats must shed their image of East and West Coast elites, academics, and leftish progressives.  That combination does not constitute a majority of America’s voters, and appealing to them is a losing strategy, at least nationally.  Without abandoning the good fight for D.E.I rights, gender equality, and womens’ rights, they must still find a way to focus on the bread and butter issues that win elections. In 2024, after hiding President Biden’s deterioration for too long, they had no real alternative other than Vice President Kamala Harris who wasn’t quite ready, and while Tim Walz offended no one, he didn’t add anything to their losing ticket.

In addition, they must improve the kind of media choices they make to deliver their message (which apparently is still a work in progress) about a government existing to best serve and protect the nation’s working people, rather than the wealthy, large corporations, and high-tech oligarchs. They must better target younger voters, a good number of whom jumped toward Trump for no good reason in 2024, other than he reached them more effectively than did the Democrats.

Even New York Representative Alexandria Octavio-Cortez, further to the left, recognizes this and will manage to be part of a new leadership without compromising her values.  She is presently engaged in a ‘road show’ alongside independent (though usually voting with the Democrats) Senator Bernie Sanders, speaking before overflow crowds at gigantic ‘town halls’ throughout the country in places where Republican officeholders are either ashamed or afraid to confront the disappointed audiences that elected them to office but are now showing symptoms of ‘buyer’s remorse.’  They are looking to the Democrats for answers, so it is important that they come up with their 2026 campaign’s direction pretty darn soon.  Saying that its time to vote against Republicans isn’t enough and they must wake up to that.

And speaking of MAGA Republicans, the next time you’re engaging in a friendly conversation with one of them, ask what period of ‘greatness’ in our history they want to duplicate in ‘making America great again.’  When they come up with an answer about the period to which ‘again’ points, if they are able to do that, ask them how that period of ‘greatness’ would fare in a Presidency headed by Donald Trump and his Musk-led wrecking crew.

JL 

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Changes in the World of Media

In the Nineteenth and the early years of the Twentieth centuries, the usual, if not the only media available to the public, were newspapers and less frequently, magazines. That is pretty much all that social commentators, politicians, and political parties used to spread their ideas, other than speaking at rallies to live audiences.  Radio and television soon expanded the range of available media, but they did not replace existing sources. 

In the Twenty-first century, however, electronic advances have created a revolution in media sources, all of which might be broadly classified as what has became known as ‘social media.’  Existing media remained however, but with a lessened effect on the public. 

It first started through widely circulated Emails with or without attachments to which one might subscribe and soon expanded into more specialized and personalized internet sites such as Facebook, Instagram, Twitter (later ‘X’) and numerous other sources that were not only available on one’s computer, but on one’s ‘smartphones’ as well.  And their purveyors were often a blend of journalists and entertainers.  Over the past few years, the latest innovation would seem to be Podcasting, an online and personalized version of opinionated ‘talk radio’ shows, often including video portions.  Communication between many of the newer media sources and their audiences often could be a two-way street too.

But existing media didn’t go away either, and still remains in use.  Newspapers  may be dying, but they still are around, and like it or not, are the basis of information we receive each day on our computer or smartphone screens.  Jackspotpourri still exists as ideas transmitted by Email including a link to an attachment, primarily because that is the limit of my skills, and possibly of most of its audience as well. 

If I had necessary skills to utilize the latest advances in media production, Jackspotpourri probably would today be a podcast.  If I were a dozen years younger, I might attempt to make that transition.  But I cannot turn back the clock, so please stick with https://jackspotpourri.blogspot.com/ , which I will try to continue to produce twice a week, with all of its shortcomings, and send to those on its Email circulation list.

JL 

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Abandoning the Constitution for Autocracy

Heather Cox Richardson’s ‘Letter from an American’ dated March 19 must be read to understand the willingness of too many Americans to discard ‘the rule of law’ as established in our Constitution for an autocracy headed by a dictator.  CLICK HERE or copy and paste https://heathercoxrichardson.substack.com/ on your browser line to read it. 

(When I use the expression ‘the rule of law,’ I take it to mean the Constitution’s Article One that establishes the Legislative Branch as the ones who make our laws, Article Two that establishes the Executive Branch that is supposed to ‘take care that these laws are faithfully executed,’ and Article Three that establishes the Judicial Branch to interpret such laws when necessary.)

And while you’re there, check out Professor Richardson's subsequent postings.  She is leading the efforts of those who recognize that Trump, Musk, and their misinformed supporters are following a path leading to the abandonment of our Constitution and the democracy for which it provides the structure.

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In the last Jackspotpourri (on March 20), it was made clear that the Executive Branch is in the hands of billionaire oligarchs and the Legislative Branch is obedient to it.  All that is left to defend the Constitution is the Judicial Branch of our government, and right now, it is under attack.  America’s representative democracy now hangs by a fragile cord woven by the decisions of its judgesBut our Judicial Branch still has a lot going for it, because of two early Supreme Court decisions that have survived over the years.  Let’s look at them:

In 1801, the new Secretary of State, James Madison, refused to deliver congressionally-approved judgeship appointment papers to one William Marbury, a last-minute appointee of outgoing President John Adams, whom the new Administration opposed along with other last-minute appointees.  Marbury sued and the Supreme Court agreed with him that Madison was legally required to do so. 

But in that same decision, they also ruled that the part of the 1789 Judiciary Act that would have allowed the delivery of Marbury’s appointment to take place, was itself ‘unconstitutional.‘  Chief Justice John Marshall finally ruled that the Supreme Court could not order the delivery of Marbury’s appointment papers because the law giving Congress such a power conflicted with the role of the Judicial Branch as established in the Constitution.  Marbury’s appointment papers were never delivered. 

Marbury vs Madison confirmed the supremacy of the Supreme Court over both the Executive and Legislative Branches through ‘judicial review’ when (1) it overruled Madison’s Executive Branch refusal to deliver Marbury’s appointment papers but then (2) declared ‘unconstitutional’ that portion of the 1789 Judiciary Act that allowed acts of Congress to take precedence over certain Court decisions, enabling the SCOTUS to scuttle Marbury’s appointment.

Since then, the supremacy of Supreme Court decisions over acts of both the Executive and Legislative Branches has been made clear through its function of ‘judicial review.’ 

In another landmark case in 1819, McCulloch vs Maryland, the Supreme Court ruled that State laws contrary to Federal laws were also ‘unconstitutional.’  (In that case, Maryland wanted to be able to tax the federally-chartered Bank of the United States.) Today’s governors of Texas and Florida twist words, going out of their way to avoid this pitfall, which clearly places immigration law, now in the spotlight, within Federal, and not State, law.

For ‘judicial review’ to take place, however, a case must first manage to reach the Supreme Court.  The present Administration is even attacking the ability of this to happen by threatening to remove appropriate security clearances from uncooperative law firms, usually necessary for them to be able to view government material while handling cases involving the government.  Some of these law firms are proving to be spineless, just like Congress is, in the face of Executive Branch overreach.

(An interesting contradiction yet to be clarified is President Trump’s supporters’ original claim that his speech at the ‘Ellipse’ on January 6, 2021 inciting his listeners to march on the Capitol was an ‘unofficial’ act, not related to the riotous invasion of the Capitol to prevent the 2020 Electoral College tally from being confirmed that directly followed.  Once the Supreme Court in 2024, however, provided immunity for otherwise criminal acts performed as part of a President’s ‘official’ duties, Trump’s January 6 inciteful words suddenly became such a protected ‘official’ act, even if it were a criminal act.  Unfortunately, the SCOTUS acts like a political animal, at least only until it decides not to.)

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And speaking of judges, the judge whom President Trump attacked for trying to stop, or delay, his probably illegal deportation of Venezuelan immigrants to El Salvador, demanding IN CAPS his impeachment, is actually a bi-partisan appointee, not the Democratic tool as scathingly portrayed by the President.

Quoting from an article on NBC News, “In 2002, President George W. Bush nominated James Boasberg as an associate judge of the Superior Court of the District of Columbia.  In 2011, President Barack Obama selected him to be a judge on the U.S. District Court for the District of Columbia, and he was confirmed by the Senate in a 96-0 vote.”  That sounds pretty bi-partisan to me, appointed by two Presidents from different parties and confirmed by the Senate with no negative votes.  How can it be then, that anyone can support the President’s ignorant and vindictive tirade?  The answer: misinformation swallowed by a misled public as well as by many Republicans elected to Congress.

SCOTUS Chief Justice Roberts correctly intervened by saying that an ‘appeal’ rather than suggesting impeachment was the way to deal with a court order with which one disagreed.  Roberts did not go any further because Trump’s law breaking may soon be once again before the SCOTUS and he did not want to ‘tip’ his hand as to the direction in which he might go.

 JL 

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Housekeeping on Jackspotpourri

Your comments on this ‘blog’ would be appreciated.  My Email address is jacklippman18@gmail.com.

Forwarding PostingsPlease forward this posting to anyone you think might benefit from reading it (Friends, relatives, enemies, etc.) If you want to send someone the blog, you can just tell them to check it out by visiting https://jackspotpourri.blogspot.com or you can provide a link to that address in your email to them.  

There’s another, perhaps easier, method of forwarding it though! Google Blogspot, the platform on which Jackspotpourri is prepared, makes that possible. If you click on the tiny envelope with the arrow at the bottom of every posting, you will have the opportunity to list up to ten email addresses to which that blog posting will be forwarded, along with a brief comment from you. Each will receive a link to click on that will directly connect them to the blog. Either way will work, sending them the link to https://jackspotpourri.blogspot.com, or clicking on the envelope at the bottom of this posting.  

Email Alerts: If you are NOT receiving emails from me alerting you each time there is a new posting on Jackspotpourri, just send me your email address and we’ll see that you do. And if you are forwarding a posting to someone, you might suggest that they do the same, so they will be similarly alerted. You can pass those email addresses to me by email at jacklippman18@gmail.com. 

 JL 

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