Sunday, October 18, 2020

Harbinger

 

Hatred

Harbinger

Hope

By Stephen L. Wilmeth

 

 

            These aren’t the best of times.

            It probably isn’t the worst of times, but it is knocking on the gate as a candidate for the least likely to succeed contest. It has historical parallels.

            For example, in 1876, a trainload of investors had been ruined on Wall Street. The Indian Wars had resumed in Montana, the Dakotas, and Wyoming Territory, and western farmers were being devastated by another grasshopper plague following one of the toughest winters in history (delighted by that outcome, the climate change progenitors were no doubt meeting in some Washington hotel planning things to come).

            The political parties did nothing to allay the fears of the public. It was an election year, and they were posturing for preferential positions. Both parties, Repubs and Dems, were promising reform.

            Actually, those characters should have been watching the western wars with a bit more interest. A saga was being played out that mirrored the chronic antagonism of that current crop of misguided and misled citizen leaders. The actors were the Sioux and the Crow nations who, previously as one nation under their various gods, were divided over jealousies and perceived rivalry.

            The split occurred when they migrated westward from Iowa toward Montana. Their dress, language, habits, customs, and appearance remained nearly identical, but the antagonism they developed for each other made them rivals. They became sworn and mortal enemies.

If such brouhaha can be put into context, it is the mirror image of our political parties.

Hatred

Witnessing the nomination process of a conservative Supreme Court candidate has become no less violent than a public display of drawing and quartering an enemy of some medieval royal court. This week’s ritualistic verbal murder was not a thing of grace. The process reminded the nation that there are cases and issues that divide us more than unite us.

Further, the major debate points including abortion, immigration, Obamacare, and the current, sitting president are far from settled. Certainly, the fact that the nomination process has continued in the days before the 2020 election has contentious overtones. The catcalls range from the will of the people being subverted to the demand to honor the wishes of the recently departed member who spawned the nomination by the president in the first place.

            Each can be debated, but what cannot be debated is the fact the Constitution clearly sets forth the authority of the president to make Supreme Court nominations. Article II, Section 2, Clause 2 (known as the Appointments Clause) empowers the president to nominate and, with the confirmation of the Senate, to appoint justices of the Supreme Court.

[2] He shall have Power, …(to) appoint … Judges of the Supreme Court

A closer review does not reveal any timeline. It doesn’t say the president can be expected to make such appointments on his first day in office or his last day. It doesn’t say first month, only the second year, or the second month of the third year, either. It says he has the power to appoint judges of the Supreme Court.

Similarly, there is not a single line suggesting that any Supreme Court justice has the authority to set the conditions of his or her departure. It does set forth the fact that those that are appointed shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Their pay is protected by constitutional mandate in times of pandemic, war, or federal holidays!

Hope

It is unfortunate there is not a requirement in such historical protocol to set time aside for the nominee to ask judicial questions of the senators themselves.

For record, it could be termed Roundtable Time. It could suggest further debate and actions on the matters of justice that need to be addressed for the health and the longevity of the evolving system. If that were the case, a legitimate question could be conceived as to the validity of the tag team approaches of the WWF inspired progressive verbal inquisitions. From a citizens’ constitutional perspective, the question has fundamental legitimacy.

Where is your authority, under the Constitution, to act on behalf of a mob rather than individual citizen leaders?

Further, that mandated matter of good Behaviour has implications that should be discussed in much greater detail.

If issues of the day must include immigration, abortion, Medicare for all, and unbalanced budgets, why not make the value and efficacy of political parties a primary debate topic unto itself?

The question and the demand have very fundamental merit. The Framers expected the citizen leaders to act on their own behalf rather than marching in lock step under general orders from party headquarters. As such, they, too, could act on both the first and last days of each administration.

Harbinger

The Sioux and the Crow phenomenon is interesting.

Even if the fissure of their relationship was created by the aggression of the warring youth, the elders were incapable of fending off the inevitable. Their divided house did neither side of the conflict any lasting good. They failed by ultimately declining to support one another. Their animosity was too great. Principle overruled logic and what was best long term for both groups.

Where are they today? If reservation life is the model and historic result, they are not in a good place is where they are.

Divided houses have consequences each and every time they are manifested. Washington is a most important test and should be arrayed alongside other pertinent divided houses in history. If there is a metric of highest consequence, the leadership of the three highest ranking chiefs should be considered. The big three from the right side of the aisle have 52 years of combined Washington dirt under their nails. Without constitutionally mandated compensation, the Dems have collected donations for 119 years.

 

Stephen L. Wilmeth is a rancher from southern New Mexico. “Debate won’t fix this.”

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