The Struggle for the Soul of America: We Are the Ones We’ve Been Waiting For

Posted on March 1, 2024 by Author: Bruce Berlin

(Note: On Tuesday, Margaret and I began a month-long trip to Panama. So, my blog posts may be sporadic and possibly shorter this month. I’ll do the best I can, under the circumstances, until I return at the end of the month.)

On Wednesday, the Supreme Court granted cert to Trump’s appeal of the U.S. Circuit Court of Appeals’ decision that he does not have complete immunity from criminal liability for acts taken as president. The Court has scheduled oral argument for April 22, which means a decision would not come down until late May or, perhaps, the end of June when the Court’s 2023-24 session concludes.

Assuming Trump loses his appeal (which seems likely, but you never know with this Supreme Court), the D.C. insurrection trial will probably not begin before late summer or early fall. It’s highly doubtful a decision would be rendered before the November election. Clearly, a victory for Trump.

Bill Kristol recently referred to a quote from Judge Learned Hand’s 1944 Spirit of Liberty speech regarding what this truly means:

I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it.[1]

If you had any doubt before, it’s now crystal clear the Supreme Court does not uphold the principles enshrined in the Constitution or serve the interests of the American people. The same may be said of the Congress as well. If it had adhered to Constitutional principles, Trump would have been found guilty by the Senate after he was impeached by the House in 2021. And even the Department of Justice cannot be relied upon by the American people. If it had served the people’s interests, Trump would have been brought to trial long before now for fomenting the January 6^th insurrection.

Yet, there is a silver lining here. All those who still believe in democracy – Democrats, Never Trump Republicans, and Independents – now know that they, including everyone reading this and myself, must double their efforts to ensure the re-election of Biden and save our democratic republic. By the time the election rolls around next fall, very few voters will have any question about Trump’s efforts to provoke the January 6^th insurrection and overturn the 2020 election. Of course, Trump’s loyal followers will stand by “their president” no matter what. That’s what cults do.

As Ben Franklin said on the last day of the Constitutional Convention on September 18, 1787, we have a republic, “if you can keep it.” It is now up to us, the American people, after 237 years, to make certain that we keep it. We are the ones we’ve been waiting for.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://twitter.com/BillKristol/status/1737454546073309352

The Struggle for the Soul of America: Are You Really Going to Sit on Your Couch and Let Trump Destroy Our Democracy?

Posted on January 4, 2024 by Author: Bruce Berlin

Without a doubt, 2024 promises to be one of the most challenging years in American history as the very survival of our democracy is at stake. The question each of us must ask ourselves is what am I willing to do now to save American democracy?

Donald Trump has clearly stated his authoritarian leanings. His autocratic positions mandate that he must be stopped from regaining the White House or it’s curtains for our democracy. For example:

He intends to be a dictator on day one if he is elected.[1]
He expects to use the federal government to punish critics and imprison opponents should he win a second term.[2]
He plans to create a federal workforce that can be fired by the president at will and must follow his personal whims;[3] and
He wants to pardon people convicted of federal crimes for their involvement in the January 6^th assault on the U.S. Capitol.[4]

Defeating Trump and his autocratic agenda is critical. We cannot wait for Biden and the Democrats to take action. Nor can we count on the courts to find Trump guilty of undermining our democracy. Given Trump’s delaying tactics and the slow-moving legal process, there is at least a fair chance that the courts will not finally settle the ex-president’s legal culpability before November’s election.

It is up to us, the people who still believe in the Constitution, to step up and make sure that voters understand that the survival of our democracy is the central question in this year’s elections.

Will Bunch, Philadelphia Inquirer columnist, put it this way:

My hope for 2024 is that the silent majority of Americans who still believe in freedom will stop wallowing in despair and waiting for the worst. Instead, these voters should rise up from their couches, get organized, and start taking action to save democracy now, and not 10 months and one week from now when it will be too late.

There needs to be an active, pro-democracy movement in the United States that is bigger, more visible, and more determined than the MAGA movement that seeks to destroy it. They should be organizing right now, crafting new messages, posting on TikTok, making themselves known, knocking on doors, registering every voter, and talking to—and listening to—millions of disillusioned young people.

We can enter a new year with high hopes, and not existential dread, but we have to remember that hopes only come true through action.[5]

Now is the time for all of us to take action. Write letters to the editor, register voters, connect with disillusioned youth, campaign door-to-door, attend town halls, primary debates, and political rallies, and talk with friends and neighbors.

We must make democracy the issue. If we don’t stop Trump, our voices and our votes will be crushed, and America will be changed forever. We must organize and act now before it’s too late.

Bruce Berlin

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.theatlantic.com/ideas/archive/2023/12/trump-says-hell-be-a-dictator-on-day-one/676247/

[2] https://www.washingtonpost.com/politics/2023/11/05/trump-revenge-second-term/

[3] https://www.theatlantic.com/ideas/archive/2023/11/donald-trump-15-most-dangerous-statements/675970/

[4] Ibid.

[5] https://www.commondreams.org/opinion/save-democracy-in-2024

The Struggle for the Soul of America: Like It Or Not, Biden Is Our Only Hope

Posted on November 21, 2023 by Author: Bruce Berlin

I recently had a difficult political conversation with a couple of friends. While usually supporters of Democratic candidates, they emphatically proclaimed that they would not vote for Biden for president next year. But, neither would they support Trump.

My friends indicated that they may not vote for president at all in the coming election. However, if they decided to vote, they were leaning toward Robert F. Kennedy, Jr. for president, who is currently polling an impressive 22% in a three-way race with Biden and Trump.[1]

I argued that not voting or supporting a third-party candidate would help Trump get elected. And a Trump second term would be a disaster for our country. Of course, it’s not a certainty that voting for a third-party candidate like Kennedy or perhaps Sen. Joe Manchin, if he decides to run, would boost Trump’s election chances. But can we take that chance?

In my mind, this is not about Biden’s age or whether or not we agree with some of his policies. What the 2024 election will really be about is whether the United States continues to be a democracy.

Every day Trump tells us loud and clear who he is and how he will rule our country if he regains the White House next year. The Washington Post noted Trump in his Veterans Day speech called his political enemies “vermin” and suggested that they pose a greater threat to the United States than countries such as Russia, China, or North Korea. It reminded the newspaper of dictators Hitler and Mussolini.[2]

The United States would become an authoritarian regime if Trump were elected. Michael Luttig, former conservative federal appeals judge and assistant White House counsel under President Reagan, asserted, “I am more worried for America today than I was on January 6. … [Trump’s] election would be catastrophic for America’s democracy.”[3]

Here are just a few of what a second Trump presidency would look like:

First, Trump would break down legal restrictions and traditional protections against political interference and give the White House authority to install ideological allies throughout the federal government.[4] He intends to strip tens of thousands of career employees of their civil service protections, which would allow him to fire all government officials he considers disloyal to him and replace them with loyal lackeys.[5]

Second, Trump wants to undertake the largest domestic deportation operation in American history. He would end birthright citizenship, using an executive order that would introduce a legally untested interpretation of the 14th Amendment.[6] His White-nationalist policies would invoke new legal authorities to pursue mass expulsions and enlist the military to help carry them out.[7]

Third, Trump would crack down on gender-affirming care by declaring that hospitals and health care providers that offer transitional hormones or surgery no longer meet federal health and safety standards and will be blocked from receiving federal funds, including Medicaid and Medicare.[8]

Fourth, Trump would ramp up oil drilling on public lands and offer tax breaks to oil, gas, and coal producers. He would roll back Biden administration’s efforts to encourage the adoption of electric cars and reverse proposed new pollution limits. He would exit the Paris Climate Accords, end wind subsidies, and eliminate efficiency regulations imposed and proposed by the Biden administration.[9] Our efforts to fight climate change and save our planet would take a huge step backward.

And fifth, Trump has pledged to terminate the Department of Education. He would push the federal government to give funding preference to states and school districts that abolish teacher tenure and allow the direct election of school principals by parents. He also has said he would cut funding for any school that has a vaccine or mask mandate and will promote prayer in public schools.[10]

There’s much more. But who would stop him? The very conservative Supreme Court majority that he built during his first term? Don’t hold your breath. If you are thinking of not voting for Biden, you better think again. At this point, electing Biden is probably the only way we can be sure to keep Trump out of the White House.

Bruce Berlin

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://poll.qu.edu/poll-release?releaseid=3881

[2] https://www.washingtonpost.com/politics/2023/11/12/trump-rally-vermin-political-opponents/

[3] https://www.yahoo.com/news/trump-has-big-plans-for-a-second-term-critics-say-they-pose-a-threat-to-democracy-203042124.html

[4] https://www.cnn.com/2023/11/16/politics/trump-agenda-second-term/index.html

[5] https://apnews.com/article/trump-policies-agenda-election-2024-second-term-d656d8f08629a8da14a65c4075545e0f

[6] Ibid.

[7] https://www.washingtonpost.com/opinions/2023/11/14/trump-mass-deportation-immigration-stephen-miller/

[8] https://apnews.com/article/trump-policies-agenda-election-2024-second-term-d656d8f08629a8da14a65c4075545e0f

[9] Ibid.

[10] Ibid.

The Struggle for the Soul of America: Manchin and Schumer to McConnell and the Republicans, “Gotcha!”

Posted on July 31, 2022 by Author: Bruce Berlin

Did Democrats Joe Manchin and Chuck Schumer pull a fast one on Republican Senate Minority Leader Mitch McConnell, or what?

A month ago, Sen. McConnell declared, “Let me be perfectly clear. There will be no bipartisan USICA (a $52 billion bill to support the U.S. semiconductor industry) as long as Democrats are pursuing a partisan reconciliation bill.”[1]

Two weeks later Sen. Manchin put the brakes on the Democrats’ reconciliation bill. Believing that the partisan bill was dead, McConnell and 16 of his Republican colleagues then joined with all 50 Democrats to pass the CHIPS semiconductor bill on July 27. Within hours Sens. Manchin and Schumer announced an agreement on a $740 billion reconciliation bill[2] that McConnell can’t derail.[3]

It was the kind of cunning maneuver McConnell is known for, but this time the Democrats were in the driver’s seat. McConnell has been sticking it to the Dems for way too long. Could this just be the beginning of the payback McConnell and his right-wing colleagues clearly deserve?

The Democrats are finally learning to play hardball. And, right in the nick of time. With the mid-term elections fast approaching, the Dems need to demonstrate to the voting public the stark differences between them and the GOP. Forcing Republicans to vote on popular legislation they oppose, especially if the bill ultimately fails, helps the Dems make the case that the public needs to vote more Democrats into office if they want these bills to pass.

For example, take the bill enacting the right to contraceptives. A few days ago, Senate Republicans blocked the bill,[4] despite the fact that 84% of likely Republican primary voters support safe access to contraceptives.[5] Almost all House Republicans voted against this bill as well.[6] And most of them also voted ‘no’ on a same-sex marriage bill and a couple of other popular social issues.[7]

Even more reprehensible, last week Senate Republicans rejected a bill to assist veterans suffering from exposure to toxic chemicals while on duty in Iraq and Afghanistan. Twenty-five Republican senators blocked the measure, even though they had voted in favor of it just one month earlier. Their about-face was in retaliation for being outmaneuvered by Schumer and Manchin in the CHIPS Act voting previously noted. “Getting even” with the Democrats apparently overrode their longstanding strong support for our troops. This may very well cost the GOP when America’s veterans go to the polls this fall.[8]

Meanwhile, as the Justice Department begins to zero in on Trump’s criminal culpability for the January 6^th insurrection, a bright light will also shine on his Republican Congressional enablers. McConnell and his colleagues who have failed to stand up to Trump are, in fact, accomplices to Trump’s crimes. If Senate Republicans had voted with the Democrats to convict Trump in his second impeachment trial after he had instigated the attack on the Capitol, he would have been barred from running for president again under Article I, Section 3 of the Constitution.[9]

The House Select Committee’s hearings have made it clear to millions more Americans how Trump and his party conspired to overthrow the 2020 election. All the Republican Congresspeople who voted against certifying that election and supported Trump’s Big Lie should be held accountable in my view. But that will be up to their constituents in November. The voters may yet reject those who chose overthrowing our government rather than upholding the Constitution, which they had sworn to defend.[10]

Though the polls and history suggest this is the Republicans’ year, recent events have given the Democrats renewed hope for winning the mid-term elections. In addition to all the above, abortion rights, gun control and climate change provide further Democratic momentum. And I just bought gas for under $4/gal. So, inflation may cease to be the overriding issue it has been projected to be. Then Democrats may well declare the ultimate “Gotcha” on the night of November 8^th. Wouldn’t that be something?!

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://seekingalpha.com/news/3853443-mcconnell-looks-to-block-52b-in-chips-funding-over-spending-packages

[2] https://slate.com/news-and-politics/2022/07/joe-manchin-climate-bill-inflation-reduction-act.html

[3] https://www.businessinsider.com/mcconnell-assails-manchin-spending-deal-after-dems-strip-his-leverage-2022-7

[4] https://truthout.org/articles/republican-blocks-contraception-access-bill-from-coming-to-vote-in-senate/

[5] https://www.upi.com/Top_News/US/2022/07/19/poll-independent-womens-voice-republican-primary-voters-support-safe-access-birth-control-contraception/9921658251250/

[6] https://truthout.org/articles/republican-blocks-contraception-access-bill-from-coming-to-vote-in-senate/

[7] https://www.washingtonpost.com/politics/2022/07/22/house-republican-votes-marriage-contraception/

[8] https://www.npr.org/2022/07/29/1114417097/veterans-burn-pit-bill-republican-senators

[9] https://constitution.congress.gov/browse/article-1/section-3/clause-7/#:~:text=Judgment%20in%20Cases%20of%20Impeachment,and%20Punishment%2C%20according%20to%20Law

[10] https://history.house.gov/Institution/Origins-Development/Oath-of-Office/#:~:text=Today%2C%20Members%20of%20the%20House,following%20the%20official%20swearing%2Din.

The Struggle for the Soul of America: Will Republican State Legislatures Overrule the Results of the Next Presidential Election?

Posted on July 10, 2022 by Author: Bruce Berlin

The current right-wing Supreme Court recently announced that in its next session it will hear the case of Moore v. Harper, a North Carolina case involving gerrymandered congressional district maps drawn by the state’s Republican-controlled Legislature. At the heart of this case is the radical doctrine labeled the “independent state legislature” theory.

Under the independent state legislature doctrine, state legislatures have absolute control over electoral votes in presidential elections. Harvard Law Professor Emeritus Laurence Tribe and Dennis Aftergut, counsel to Lawyers Defending American Democracy, explain that “according to this baseless notion, state legislatures can do whatever they want in manipulating elections no matter how extreme the results — principles of voter equality and fairness be damned, along with the state’s constitution, its governor and its courts.”[1]

In other words, if the Supreme Court adopts this theory, it could rule that a state legislature can disregard the vote of the people and award its state’s Electoral College votes to whomever it wishes. And four of the Court’s justices have already signaled support for this idea.[2] As Thom Hartmann recently observed, Article II, Section 1 of the Constitution describes the state legislature’s role in presidential elections, but “doesn’t even once mention the popular vote or the will of the people:

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress…”[3]

The operative word here is “Manner.” Under the questionable independent state legislature doctrine, a state legislature can employ whatever manner it so choses in determining which candidate receives its state’s electoral votes.

Tribe and Aftergut further argue that “Going into this November’s elections, 30 state legislatures are firmly in Republican hands, including in most of the battleground states that determine presidential election outcomes. Adopting the independent state legislature theory would amount to right-wing justices making up law to create an outcome of one-party rule.”[4]

That is why the 2022 elections for state legislators are vitally important. Some of those 30 Republican-controlled legislatures must be turned over to the Democrats in this November’s elections. If Americans who care about saving our democracy turn out in great number and elect Democratically controlled legislatures this fall in enough states to muster an Electoral College majority, then they would prevent the overturning of the 2024 presidential election under the independent state legislature doctrine.

Once again, it is up to us to spread the word and get out the vote! Democrats have so many critical issues supported by a clear majority of voters: abortion rights, climate change, gun control, voting rights and now saving democracy itself.

We must light a fire under all Americans who want our democracy to survive. We all must get involved and do everything we can to ensure that radical Republican state legislatures cannot overturn the will of the people in the 2024 presidential election.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.yahoo.com/news/op-ed-supreme-court-poised-123049971.html

[2] Ibid.

[3] https://www.commondreams.org/views/2022/07/01/beware-supreme-court-laying-groundwork-pre-rig-2024-election

[4] https://www.yahoo.com/news/op-ed-supreme-court-poised-123049971.html