And Biden Is NOT Senile

Team Biden responds to concerns that the president may be senile with assurances that, behind the scenes, Biden is energetic and sharp. We don’t get to see that, of course…not that we get to see much of the Leader of the Free World at all. Maybe it’s time for Team Trump to deploy their own version of “you don’t know him the way I know him” argument.

When the Constitution Threatens Democracy

            The Supreme Court faces a quandary: It must choose between democracy and the Constitution.

            Compared to Trump v. Anderson, the notorious case of Bush v. Gore was a straightforward affair: it should not have been heard. Because elections are administered by the states, the Florida Supreme Court’s 2000 ruling ought to have been the last word. The recount should have continued. Setting aside the noxious optics of a party-line court deciding an election, the Supreme Court’s decision to hear Bush in the first place was unconstitutional.

That view is bipartisan. Sandra Day O’Connor, the justice who cast the tie-breaking vote in the 5-4 decision, eventually conceded that she regretted her partisan hackery. The court declined to officially publish Bush so it can never be cited as a precedent, a tacit admission that it made lousy case law. Chief Justice John Roberts, who subsequently spent much of his nearly two decades on the bench trying to restore the court’s tarnished reputation, never wanted his court to hear another election dispute.

            With attempts to remove Donald Trump from the ballot on the ground that he’s disqualified under the 14th Amendment’s prohibition against insurrectionists holding high office spreading from Colorado to Maine to dockets in 14 other states, the Roberts court has no choice but to weigh in. States need the guidance of an across-the-board standard issued by the nation’s legal referee.

This train wreck reminds me of how, as late as the 1970s, European beachgoers were occasionally still getting blown up by mines placed during World War II; old and forgotten doesn’t always mean dead and gone. Section 3 of the 14th Amendment should have been repealed 150 years ago. Sadly for the Republic this legal time-bomb, long hidden in plain sight, is finally going off.

Ratified in 1868 just after the Civil War, the 14th Amendment’s prohibition on citizens who had participated in insurrection or rebellion from holding high office was soon rendered obsolete, a legal version of the human appendix, by the postwar Ulysses Grant Administration’s blanket Amnesty of 1872. In a bid to reunify a fractured nation all former officers of the Southern government, including notorious figures like former Confederate President Jefferson Davis and John C. Breckinridge, the U.S. Vice President from 1857 to 1861 who became the Confederacy’s Secretary of War, received pardons.

The forgiveness was real. Nine former Confederates were elected to Congress including Alexander Stephens, the former Confederate Vice President. President Grant encouraged Breckinridge to reenter politics but he declined.
            For all practical purposes, Section 3 died at the age of four. (Which is why there’s no helpful case law.) Yet, like the New York “blue law” that makes it a crime to carry an ice cream cone in your back pocket in public on Sundays, this historical curio has remained on the books since the era of the horse and buggy, forgotten until some enterprising attorneys for some plaintiffs in Colorado resuscitated this legal relic for their novel assault against Trump.

            Rep. Jamie Raskin (D-MD), a former constitutional law professor, argues that the 14th Amendment can’t isn’t undemocratic because it’s in the Constitution: “If you think about it, of all of the forms of disqualification that we have, the one that disqualifies people for engaging in insurrection is the most democratic because it’s the one where people choose themselves to be disqualified.” Slavery was in the Constitution too.

Trump has such a commanding lead in the primaries that he will almost certainly be the Republican presidential nominee. We have a two-party system. You don’t have to be a constitutional scholar to see that knocking one out of two of the major-party presidential candidates—who happens to be ahead in the polls—off the ballot is inherently undemocratic as well as a perfect recipe for political unrest.

The last time a major presidential candidate didn’t appear on some state ballots was Abraham Lincoln in 1860. Trouble ensued.

Trump probably deserves to be disqualified. But this is not about him. Disenfranchising tens of millions of his supporters would be deeply destabilizing to democracy. How better to feed into Trump’s narrative that our elections are rigged than to deprive voters of the basic choice to vote for or against him?

The plain language of the 14th Amendment does not offer much hope to Trump and the Republicans as they argue before a Supreme Court dominated by originalists. The Colorado Supreme Court was probably correct when they determined that the offices of president and vice president were originally intended to be covered by the provision. There is a strong argument that January 6, 2021 qualified as an insurrection or rebellion as the amendment’s drafters understood those terms in 1866. Section 3 appears to be intended to be self-executing, meaning that appeals to due process are unlikely to prevail; like it or not, a secretary of state or state supreme court can simply look at Donald Trump and declare: I see an insurrectionist. Section 5, which allows Congress to make such a determination, describes a non-exclusive right.

If the Roberts court follows Section 3 to the letter, Trump will be disqualified.
            Theoretically, Congress could solve this dilemma. A two-thirds vote in both the House and the Senate would allow Trump to remain on the ballot. Democrats could declare that they value democracy so much and have so much confidence in American voters to do the right thing in a fair election that they would provide the necessary support. But such an extraordinary gambit would require statesmanship, risk-taking and putting patriotism above party, traits in short supply on Capitol Hill.

We Americans venerate the Constitution. But Section 3 of the 14th Amendment is a nightmare. Given the choice between correctly interpreting the original intent of its Reconstruction-era drafters and allowing the 2024 election to proceed as normally as possible given the advanced ages of both frontrunners and the legal perils faced by Trump, the Supreme Court construct a convoluted rationale for, say, why the presidency isn’t a government office or how the 14th contains an implied right to due process.

The Supreme Court should ignore the Constitution, gin up a BS justification to keep Trump on the ballot and choose democracy.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the left-vs-right DMZ America podcast with fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Rituals Are Fun

American electoral politics was originally designed to make the franchise as powerful as possible for as many voters as possible, but now things come down to a tiny minority of voters living in just a few battleground states. Maybe the rest of us shouldn’t bother.

Trump Will Get Rid of Democracy

Donald Trump, Biden and the Democrats warn, wants to get rid of democracy. Sometimes, however, you have to ask yourself what your government has done for you lately. When it comes to American democracy, the answer is not much.

Destroying Democracy to Save It

The Colorado Supreme Court ordered Donald Trump’s name removed from the ballot in that state on the ground that he is an insurrectionist, who tried to subvert electoral democracy, under the meaning of the 14th Amendment. 13 other states may follow suit.

Ukraine is a Very Special Kind of Democracy

You can’t call yourself a democracy unless you hold elections. Americans have been supporting Ukraine in large part because it’s a democracy. But they’ve canceled all their elections and opposition parties and media are no longer allowed.

Ukraine and Israel Are Very Special Democracies

          Hi. Joe Biden here, asking for more money for Ukraine and Israel.

            Many Americans are asking: why, while millions of Americans are unemployed and getting evicted and starving and homeless, should we ignore our own people and send billions of dollars to foreign countries instead? The answer is: democracy. We have to defend democracy.

            Ukraine and Israel aren’t just democracies. They’re special democracies.

            Very special democracies.

            Ukraine, for example, is the kind of democracy that doesn’t hold elections for local offices. There were supposed to be parliamentary elections, this month, but…yeah. There weren’t and there won’t be. Don’t worry, it’s perfectly legal because after the war with Russia started in February 2022, martial law was declared and the Ukrainian Constitution doesn’t allow elections under martial law.

            Ukraine is so democratic that it doesn’t even need to have presidential elections anymore. Martial law again. And who declared martial law? Why, it’s that sly rascal President Volodymyr Zelensky—make that President-for-Life Volodymyr Zelensky. We’re so dysfunctional here in the U.S. that House Republicans can’t agree with themselves who should be Speaker. But Ukraine is streamlined! The guy who would be running for reelection this spring won’t have to, because he personally said so! That’s a very special democracy.

            Under “martial law,” a term that no one has ever managed to define, Ukraine is a kind of democracy in which “conducting referendums, organizing strikes, and holding public demonstrations and other mass gatherings are prohibited.” Special!

            President-for-Life Zelensky points out: “according to the [martial law] legislation, it is forbidden to hold elections.” Legislation that he signed unilaterally, of course. He is so committed to the rule of law that he refuses to unilaterally cancel a law that he unilaterally created in order to cancel the rule of law.

            As everyone knows, you don’t need to hold elections to call yourself a democracy. Aside from martial law, there would be some big logistical challenges to holding an election right now. Like, Zelensky could lose! In the last poll of Ukrainians before the war, 53% of voters disapproved of his job performance and 38% approved.

            Also, an election without other candidates and parties isn’t much fun. Ukraine has banned all left-wing parties, and also banned 11 other parties, including the biggest one, whose leader is under house arrest. Better not to bother.

            Even if there were other parties and candidates to run against Zelensky, which there are not, they wouldn’t be able to campaign because “conducting referendums, organizing strikes, and holding public demonstrations and other mass gatherings are prohibited” under martial law. Who needs campaign rallies, because who would report about them anyway? His Excellency the President-for-Life has imposed state censorship on newspapers, shuttered opposition websites and shut down all opposition TV outlets and consolidated them into his own state TV platform. He calls it a “unified information policy.” No more channel changing! Save on monthly subscriptions to media apps!

The U.S. spent over $14 billion on the 2020 election. Ukraine is a very efficient democracy. They’re spending nothing at all! We must defend this penny-pinching beacon of freedom.

Israel, I like to say, is “a safe, secure, Jewish, and democratic state.” OK, not that safe. But, like Ukraine, it’s a democracy. Israel is a very very special kind of democracy.

In a democracy, the right to vote is one of the most fundamental privileges accorded to a citizen. The trouble is, sometimes people vote incorrectly. And in a democracy, all you need to do to be considered a citizen is to be born and live in the country.

To fix this problem, Israel has decided that only its very best people—the 9.6 million residents of Israel “proper”—can be citizens. The 2.4 million Palestinians in Gaza or the 2.7 million Palestinians in the West Bank are, as the vernacular goes, S.O.L. (The 500,000 Israeli settler-colonists squatting in the West Bank are, however, fully vested voters.)

Of the 9.6 million Israelis in Israel proper, 2.0 million are Israeli Arabs and 500,000 are neither Jewish nor Arab. If they and the West Bank settlers voted alongside their fellow 5.1 million Arabs in Gaza and the West Bank in a unified Israeli-Palestinian state, there would be 7.6 million Jews almost tied with 7.1 million Arabs.

Too much democracy.

On the other hand, 5.1 million Palestinian citizens of their own viable nation-state in a two-state scenario would present a different problem. The Republic of Palestine would have a seat at the United Nations, embassies and consulates all over the world, foreign news bureaus. Journalists and tourists could freely come and go. Palestinian citizens would talk. They’d complain, even about Israel. I mean, they do that now—but people might pay attention and—God forbid—care!

So Israel has an à la carte democracy. They lock the Palestinians away in Gaza and the West Bank, out of sight and out of mind, stateless and hopeless and voiceless, under Israeli occupation but without the right to vote. The Jewish “majority” of Israel enjoys the Middle East’s only thriving democracy.

Imagine how cool it would be if we could do that here! Turn the flyover “red” states into an occupied stateless concentration camp without voting rights. The remainder, the coastal “blue” states, would become a liberal paradise. No more Trumpies. Abortion rights—back. E-vehicle charging stations everywhere.

Israel has biggified democracy!

So, my fellow Americans, please join me in supporting Ukraine and Israel, these two very special, very expensive democracies.

While you’re still allowed.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the left-vs-right DMZ America podcast with fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Democracy or Hypocrisy

At first, it seems like a good idea for President Biden to speak up in favor of democracy. But then you think about his own behavior. He is in a proxy war in favor of a country, that jails opponents and cancels elections. His party sues to keep rival political parties off the ballot. He refuses to debate challengers. He insists on running, even though most members of his own party don’t want him to. Democracy begins at home, Joe.

Or We Could Campaign

Democrats are trying to defeat Trump by every conceivable means, and then some, except the most obvious one: run against his ideas, policies, record and personality.

Do As I Say, Not As I Did

Presidential libraries for several former U.S. Presidents wrote a joint statement for the first time to warn about the state of American democracy. “Others see our own house in disarray,” they declared. But they didn’t mention their namesakes’ roles in undermining U.S. credibility.

css.php