Terrified that he will lose and face prison time for corruption, President Trump is contemplating canceling the upcoming election or invalidating its results after the fact. Ironically, the best way to avoid fascism might be to vote for the fascist.
Amendment XXVIII: No law governing a basic human need shall be passed in a jurisdiction whose government fails to provide citizens with the means to fulfill that need.
Start gathering petition signatures.
If you’ve ever had to work for someone else, you’ve probably been presented with a no-win situation of someone else’s making. “Be promptly at your desk at 9 am,” my boss ordered me. “We can’t have customers calling at the start of business with no answer.” Reasonable. But it was a two-man office — him and me — he had the only key and he was often late. When customers complained, he’d yell at me. “What would you have me do,” I’d ask, “break in?” Unreasonable.
A lot of bosses are stupid little tyrants. But government should know better than to pass a law its citizens can’t obey.
Like most cities, New York prohibits public urination. It’s no longer a criminal offense but public pee-ers still risk a ticket and a fine. The NYPD issues 20,000 to 30,000 such summons a year. Yet, as The New York Times noted in 2016, “New York City…is one of the most public-bathroom-resistant places in the world.”
People pee. People poo. A city that chooses not to provide people to pee and poo knows that some folks won’t find their way to Starbucks or other de facto public restrooms before it’s too late.
The city wants people to pee and poo in public.
Experts estimate that properly equipping Gotham’s streets with the thousands of toilets necessary to serve the city’s inhabitants and visitors would cost tens of millions of dollars. “I gave you a pot to piss in” isn’t the legacy most mayors want to be remembered for (though perhaps they should reconsider). Getting NYC to do the right thing by everyone with a bladder would require ratification of my proposed 28th Amendment.
If nothing else, those who answer nature’s call in the streets and avenues could do so without fear.
Some people charged with a crime have successfully used the “necessity defense” that the harm they committed was necessary in order to avoid a greater wrong or harm. If you’re trying to escape from someone trying to kill you, a judge should dismiss the charge that you trespassed on private property to get away.
Yet, even though it defies common sense, American law still permits government to pass laws that are impossible to follow. In June the California Supreme Court ruled on a law requiring gunmakers to microstamp bullets fired from semi-automatic weapons with unique identifying information.
The court’s ruling was complicated but it included this gem: “impossibility can occasionally excuse noncompliance with a statute, but in such circumstances, the excusal constitutes an interpretation of the statute in accordance with the Legislature’s intent, not an invalidation of the law.” In other words, an impossible-to-follow law can be passed and no court can invalidate it. Each individual who wants to be exempted on the basis of impossibility must hire a lawyer and file a lawsuit.
The Impossible Law Amendment (ILA) would ensure that any law deemed impossible for any citizen to follow would be overturned on constitutional grounds.
Impossible-to-follow laws are more common than you might think.
The Affordable Care Act requires people to purchase health insurance from private for-profit corporations or get slapped with a fine when they file their annual tax returns.
The cheapest healthcare plans in the Obamacare marketplaces run around $1600 to $1800 in many counties. One out of four Americans say they can’t afford healthcare. If the United States insists on spending tax dollars on blowing up brown people in Muslim countries rather than caring for its own sick people, that’s a political priority this nation is free to select. But it’s insane to charge people a fee for not buying something they can’t afford. Punishment is immoral if there was no intent or desire to disobey the law.
The ILA would effectively eliminate an entire class of government fines for things people are mandated to buy but must have in order to live: motor vehicle registration fees, smog inspection fees, parking.
On July 27 The New York Times reported that parents, usually mothers, are routinely arrested and have their children taken away from them by child-welfare authorities, because they can’t afford daycare and so are found guilty of such “abusive” behavior as leaving their kid in the car for a few minutes while running into a store.
Children have died of heatstroke in locked cars, so it reasonable for the police to be concerned when they come across a possible case of neglect. But society should not criminalize the behavior of people who have no other choice. Daycare runs about $200 per week per child. Individual average income runs about $500 a week before taxes, or $350 after taxes. Unless the average American goes without food or shelter — which child-welfare authorities will look down upon at least much as leaving a kid in a car — he or she can’t afford daycare. In many other (civilized) countries, of course, daycare is provided gratis by the government.
If and when the U.S. provides daycare for all, it may prosecute parents for refusing to use it.
A government that passes laws that anyone — much less a significant portion of the population — cannot obey, yet imposes fines and jail terms, deserves nothing but contempt. Ratify the ILA!
(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)
Thomas Frank made a splash a decade ago with a bestseller called “What’s the Matter With Kansas?” In his book Frank attempted to answer the question: why do so many Americans — working-class Americans — vote against their economic and social interests — i.e., Republican?
I’ve been thinking about Frank a lot lately. Beginning with the Southern states on Super Tuesday and continuing through Tuesday’s important New York primary, the crucial support of black voters has created a “firewall” for Hillary Clinton against the insurgent candidacy of Bernie Sanders in the Democratic race for president. Yet Sanders is far more liberal than Clinton, and has a far better record on black issues than she does.
What’s going on? Why are so many black Americans voting against their own interests — i.e., for a Democrat in Name Only?
Sanders, the liberal radical, in the race, carries white states. Clinton, the conservative incrementalist, carries those that are more ethnically diverse. In New York this week, the pattern continued (though there’s strong evidence the primary was stolen by Clintonista-Cuomoite henchmen, but that’s another story). According to exit polls, Hillary carried 75% of African-Americans in New York, compared to 49% of whites. Because it’s uncomfortable for liberals to talk about, no one much does. But the data is clear.
There is a glaring racial divide within the Democratic Party.
This appears to be new. On November 7, 1984, posters went up in my old neighborhood, the Manhattan Valley section of upper Manhattan. They were printed by the city Democratic Party, thanking residents for voting for Walter Mondale over Ronald Reagan at the highest rate in the United States. Then as now, the area was diverse: predominantly Latino, with many blacks and, due to nascent gentrification, a growing white presence. We were all — young white people like me, young people of color, middle-aged people of color, old people of color — on the same page politically: as far left as allowed by law. If there’d been a Bernie Sanders on the ballot in 1984, he would have gotten 99% of Manhattan Valley.
Things have changed over the last 32 years. It’s hard to tell when or how or why. Howard Dean and John Edwards (both insurgent liberals who had trouble attracting black votes) included, Democratic Party politics hasn’t seen any major candidate as left or progressive as Bernie Sanders during that period (really, since George McGovern in 1972). Until now, it’s been hard to clearly perceive the race gap.
Privately, many of Sanders’ supporters are paraphrasing Thomas Frank: what, they wonder, is going on with black people? If the Democratic primary campaign were based on the issues and the candidates’ personal histories, we’d expect blacks to be a key voting bloc for Bernie, not Hillary.
On racial justice issues, Bernie is a zillion times better than Hillary.
During the Civil Rights movement in 1963, Bernie Sanders got arrested to protest housing segregation and traveled to the March on Washington to hear Dr. Martin Luther King speak. Meanwhile, Hillary Clinton was an “active young Republican and, later, a Goldwater girl.” Barry Goldwater voted against the Civil Rights Act.
Sanders has consistently championed racial equality and fought poverty and income disparity, two economic scourges that hurt blacks worse than anyone else. As First Lady, Clinton pushed her husband’s 1994 crime bill, which accelerated mass incarceration of blacks. (Though she and Bill now admit it went too far, neither have proposed actually doing something to fix it, like letting those sentenced under the law out of prison.) She also backed “welfare reform,” which drastically increased extreme poverty, especially among blacks. And while running for president in 2008, she was the only candidate who said she wouldn’t end the crack and powder cocaine sentencing disparity. Hillary is essentially a Republican.
Since when do blacks vote Republican?
One possible answer is name recognition. Hillary Clinton has been a boldface name in politics since 1993. As recently as September, 38% of all Americans had never heard of Bernie Sanders. But that doesn’t explain the race gap. Sanders was an obscure figure to whites and blacks alike.
Another is class. Influenced by Marx, Old Left Democrats like Sanders see racism, sexism and other forms of oppression as subsets of class warfare by ruling elites against the rest of us. Today’s Democrats have abandoned class analysis in favor of identity politics.
So even though she’s wealthy, devotees of identity politics see Hillary Clinton as a victim of oppression because she’s a woman. Even though he’s Jewish and middle-class, identitarians consider Bernie Sanders a privileged white male. Perhaps this is why some black voters relate to her more than the old guy.
Then there’s a factor so ugly that many of us on the left don’t like to discuss it: black anti-Semitism. According to Anti-Defamation League surveys, anti-Semitism is significantly more widespread among African-American and Latino voters than the population as a whole. Some black voters may be holding Bernie’s Jewishness against him.
Ageism may play a role too: in part thanks to obvious plastic surgery, Hillary, 68, looks younger than Bernie, 74. But are blacks more ageist than white millennials?
Interesting speculation. But let’s look at what we know about how Democrats chose their candidates in New York. Hillary voters told pollsters they prioritized (in order) experience, electability (though Bernie is actually more electable) and continuing Obama’s policies.
Bernie voters said the factors they most cared about were honesty and trustworthiness, and policies more liberal than Obama’s.
There’s more than a whiff of the identity politics explanation there. Obama has been weak on racial issues. Understandably, many black voters nevertheless value his historical import as the first black president and remain loyal to him, despite his inaction on things that matter to them. Hillary was, of course, Obama’s secretary of state. And she invokes him all the time.
The (false) belief that Hillary is more electable than Bernie is, I think, the most underappreciated factor driving black support for her. The Rev. Al Sharpton ran for president in 2004. After he got trounced in the South Carolina primary, people wondered why a state with so many blacks delivered so few votes for the one black candidate in the race. One answer was instructive:
“The black vote is looking for a winner and they are not looking to make a statement about race. John Kerry is one of the whitest guys, you know what I mean,” David Bositis, an analyst with the Joint Center for Political and Economic Studies in Washington, told The New York Times at the time. For blacks, beating Bush was job one.
Times columnist Charles M. Blow recently made a similar point, that in order to survive blacks (especially in the South) have had to be cautious. Black voters think Hillary is better known and thus, in their opinion, more electable.
This year, black Democrats may be trying to make a statement about race, while being cautious. They may instead wind up increasing the chances of a victory by Donald Trump.
(Ted Rall is the author of “Bernie,” a biography written with the cooperation of Democratic presidential candidate Bernie Sanders. “Bernie” is now on sale online and at all good bookstores.)
Police unions are out of control.
Earlier this year, Baltimore cops murdered Freddie Gray by chaining him up and intentionally swerving and repeatedly slamming on the breaks. Rather than telling their members to behave professionally, however, the head of the city’s police union attacked people who protested Gray’s death, smearing them as — of all things! — “a lynch mob.”
About a year ago, the leader of New York’s police union reacted to the assassination of two Brooklyn cops as they sat in their squad car by declaring that newly-elected mayor Bill de Blasio had “blood on his hands” — because he hadn’t been sufficiently pro-cop. (There is no evidence that the killer ever heard of Bill de Blasio.)
Now the Fraternal Order of Police is threatening one of the United States’ most acclaimed film directors.
FOP executive director Jim Pasco, threatened Quentin Tarantino, who helmed “Pulp Fiction” and numerous other major movies, in The Hollywood Reporter. “Something is in the works, but the element of surprise is the most important element. Something could happen anytime between now and (the premiere). And a lot of it is going to be driven by Tarantino, who is nothing if not predictable. The right time and place will come up and we’ll try to hurt him in the only way that seems to matter to him, and that’s economically.”
Tarantino’s “crime,” in the eyes of “there’s blue, then there’s you” cops: he attended a Black Lives Matter rally, where he said he was against murderers, and for the murdered.
There’s only one logical inference. According to the police, Black Lives Do Not Matter. By their wicked logic, we should support murderous cops, not murdered civilians.
If you don’t toe the line? “Instead of dealing with the incidents of police brutality that those people were bringing up, instead of examining the problem of police brutality in this country, better they single me out,” Tarantino told The Los Angeles Times. “And their message is very clear. It’s to shut me down. It’s to discredit me. It is to intimidate me. It is to shut my mouth, and even more important than that, it is to send a message out to any other prominent person that might feel the need to join that side of the argument.”
Jacobin magazine’s description of these organizations as “The Bad Kind of Unionism” is putting it mildly. The only people they “protect and serve” is themselves — the people be damned.
It’s ironic that that Tarantino quote comes from the LA Times. The Times, you see, is owned by Tribune Publishing. Whose number-one shareholder is a private equity firm called Oaktree Capital. Which manages the pension fund of the LAPD police union, the LAPPL (Police Protective League).
The LAPPL is one of the free-speech-hating fascist police unions threatening Tarantino. And the LAPPL appears to have gotten the Times to fire me as its political cartoonist — using quickly-discredited evidence — because I criticized the LAPD for the fact that they’re violently militarized and lousy at their jobs.
After I was fired, the LAPPL issued a press release. “So many within the LAPD were pleasantly surprised at the recent firing of Los Angeles Times opinion cartoonist Ted Rall,” the union said. “We hope other news publications will take note…” (They removed it from the Internet after the outcry over my firing.)
They can’t even stand criticism.
So they go after cartoonists. And film directors.
A former journalist — the “former” comes courtesy of the cops who leaned on his cowardly excuse for an editor to fire him — in Baker City, Oregon is suing Baker City and its freedom-hating police chief for making his life miserable. After the Baker City Record-Courier let Brian Addison go as a favor to Baker City PD in 2008, the cops followed his car around, repeatedly stopping him. When he landed another job, not in journalism, in 2014, the cops got him fired again — using a falsified “dossier” that indicated he had a criminal background. He didn’t.
What did Addison do to piss off the po-po?
He wrote an editorial complaining about an incident at a high school girls basketball game, where the fuzz walked a drug-sniffing dog through the stands during halftime. Addison’s editorial pointed out, correctly, that this was a disgusting violation of basic Fourth Amendment rights against unreasonable searches.
Unions are an essential bulwark against gangster capitalism. Public-sector unions are just as necessary as private-sector ones. But these police — and their unions — have got to go.
Every police department in the country should be disbanded. All the cops should be fired. It’s time to start from scratch — and replace them with civilian-run organizations designed to protect us.
(Ted Rall, syndicated writer and the cartoonist for ANewDomain.net, is the author of the new book “Snowden,” the biography of the NSA whistleblower. Want to support independent journalism? You can subscribe to Ted Rall at Beacon.)
COPYRIGHT 2015 TED RALL, DISTRIBUTED BY CREATORS.COM
In both the cases of the police officer who shot unarmed Michael Brown in Ferguson, Missouri, and the one who strangled Eric Garner to death in Staten Island, New York, grand juries and prosecutors bent over backward to consider evidence that they might be guilty. What if the system treated blacks suspected of killing white cops with the same deference?
You can tell a lot about the state of a country by comparing the state of its public and private infrastructure.
Take a look, if you can sneak past the gated community guard shack and peek through the privets without getting tackled by a rented goon, at the homes of the wealthy. Note the manicured lawns of the one percenters, fertilized the months recommended by experts depending on climactic zone, painstakingly controlled for weeds, irrigation calibrated by volume, on timers. Check out the garden: lines of shrubs that run a hundred bucks each, red-dyed mulch hiding the dirty brown dirt and tamping down unwanted dandelions before they get a chance to sprout. The driveway is flat, smooth, free of cracks. Stucco walls, if you live out West, are similarly crack-free; if you’re east of the Mississippi, bricks are framed by perfect pointing. Every detail, from the brass numbers on the mailbox to the baseboards to the perfect absence of cobwebs in high ceiling corners, reflects thorough, routine, frequent maintenance and repairs by a retinue of professional service providers.
Tasteful. New. Kept up.
Bear in mind: all this perfectly-maintained stuff houses a single family. At most, we’re talking two parents, four kids and a nanny or two. Certainly fewer than 10 people.
Now look at our public infrastructure.
Drive on a public highway in any major city: New York, Chicago, Los Angeles. It’s a disaster. Potholes so big you worry about breaking an axle. (And you should. In New York State, for example, a recent study estimated that bad roads and bridges cost motorists $20.3 billion in repairs annually.) Cracked concrete and asphalt everywhere. Missing guardrails, stolen signs, and everywhere you turn, garbage. Graffiti and vandalism take a toll but mostly it’s all just old. Old, rusted, worn out, years of “deferred maintenance” — i.e., none at all. Yeah, people throw crap out their car windows — but municipal governments don’t clean it up for days, weeks months at a time.
Connecting two of NYC’s biggest boroughs, the Brooklyn-Queens Expressway is used daily by 160,000 vehicles. It is hideous. It is narrow. It is literally falling apart. Constantly. “With its multitude of trucks and dangerous on-ramps, the BQE is a den of congestion at virtually all hours of the day,” The New York Times reported in 2012. “But one factor has condemned this antiquated 16.8-mile stretch of highway to a place of longstanding infamy in the New York metropolitan area, if not all of urban America: construction that never seems to end. As Gerry Michalowski, a truck driver who has traveled the BQE since 1978, put it, ‘It was under construction then, and it’s still under construction now.'”
Think again about that house I described at the beginning of this column.
It’s used by half a dozen people a year.
The BQE is used by 58 million vehicles a year.
If you don’t think there’s something wrong with this, if you defend the “right” of the wealthy to aggregate more and more until the point when they own everything including our bodies and souls, consider this: rich people have to drive on those roads too. By definition, 580,000 of those BQE users are one percenters.
America isn’t broke, but most Americans are. The reason is simple: too few people have too much of our national wealth. The pauperizing of our common property — the deliberate starving of public funding for roads, bridges, parks, schools, public hospitals, even hospitals charged with caring for veterans of America’s oil wars — reflects the economic and political system’s ass-backward priorities. It’s immoral. Because any society that spends more resources to maintain and upgrade private homes than public works is crazy stupid.
And it hurts the economy.
The American Society of Civil Engineers estimates that the United States needs to spend $3.6 trillion over the next six years to replace and repair the nation’s decaying dams, upgrade its parks and outdated schools, rusting water mains, and our crumbling airports, train and bus terminals, roads and bridges — many of which have deteriorated to Third World standards. (Although, to be fair to the Third World, I’ve seen U.S.-funded roads in Afghanistan in better shape than some in L.A.) The ASCE gives the U.S. a D+ on infrastructure.
The World Economic Forum ranks the U.S. 25th in the world in infrastructure, behind Oman, Saudi Arabia and Barbados.
It doesn’t have to be this way.
Josef Stalin, of all people, showed how infrastructure could be prioritized over private property. The dictator approved every extravagance — and why not? Obama signs off on every luxury the military can dream up.
Determined that his new Moscow Metro be a “palace of the people” for the Soviet capital’s subway commuters, Stalin ordered that no expense be spared to create a system that was not only fast and efficient, but beautiful. “In stark contrast to the gray city above,” The Times wrote as late as 1988, “the bustling, graffiti-less Metro is a subterranean sanctuary adorned with crystal chandeliers, marble floors and skillfully crafted mosaics and frescoes fit for a czar’s palace.” With good reason: first Stalin had chandeliers ripped out of the czar’s old palaces and moved underground; for future stations he had even more stunning ones designed from scratch using radically innovative techniques.
The Moscow Metro remains a showcase of what socialism could do at its best: prioritize the people and thus improve their daily lives.
Then there’s us.
Earlier this week President “Obama appeared at the I-495 bridge over the Christina River in Wilmington, Del., a span that has been closed since June, when engineers discovered that four of its columns were leaning to one side. That has created a traffic nightmare for the 90,000 vehicles that travel the major East Coast highway every day.”
The President went to Delaware to “announce new initiatives to encourage private-sector investment in the nation’s infrastructure, including the creation of a ‘one-stop shop’ at the Department of Transportation to forge partnerships between state and local governments, and public and private developers and investors.” In other words: the usual too little, too late, and even that probably won’t happen.
You know you’re in trouble when you look up to Stalin.
(Ted Rall, syndicated writer and cartoonist, is the author of “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan,” out Sept. 2. Subscribe to Ted Rall at Beacon.)
COPYRIGHT 2014 TED RALL, DISTRIBUTED BY CREATORS.COM
13 years after the attacks, the 9/11 Memorial has opened at the site of Ground Zero. Among other criticisms, the facility has been drawing fire for an exorbitant $24 admission fee, behind which lie the remains of the victims of the attacks, thus monetizing their deaths. A gift shop will also sell T-shirts.