New And More Dangerous Stage In U.S. Constitutional Crisis

The 35-day (partial) government shutdown, longest in American history, ended Friday, Jan. 25, 2019, with a temporary and grudging truce between President Donald Trump and the U.S. Congress. The truce expires on Feb. 15. Some Federal agencies began reopening on Saturday, and about 800,000 government workers will receive paychecks. Date of paychecks to be announced.

The shutdown, the fight over a border wall at the Mexican border, and most importantly, the Constitutional crisis involving the power of the U.S. Congress to appropriate government funds and the power of the president to do . . . whatever . . .  is off the front pages of American newspapers.

We might be forgiven for thinking the storm is over.

But the Constitutional crisis has entered new and more dangerous territory. Trump has threatened to declare a state of emergency and/or shut down the government again if Congress fails to meet his demands by Feb. 15.

President Trump made a concession, gave in to Speaker Nancy Pelosi’s demand to reopen the government before negotiations could begin. Trump’s seeming capitulation means nerve-rending pressures on both sides.

Trump is being portrayed as the loser. He is vilified by his Republican base. His most hard-core supporters adopted his promise of a wall as a divine right, a modern Manifest Destiny.  I can only imagine that he believes he must deliver on his promise to build a border wall, or all is lost for him.

Pelosi and Democrats are portrayed as the winners. Many on the far left are celebrating. The reality is that Pelosi is now under excruciating pressure to negotiate in good faith. Does she have any good faith?

Pelosi will feel pressure even from her own Democrats in the House of Representatives. But Pelosi says she will never agree to build any border structure, anywhere. Many Democrats agree. And of course many Democrats are willing to make at least some concessions, to build a little bit of wall, or a fence. Here, or there.

Let’s talk about it?

How negotiations will play out is totally unpredictable.

In order to resolve the deadlock and end the Constitutional crisis, there must be good-faith negotiations. Compromises must be made. Both sides must give up something in order to achieve compromise, unless one side is willing to accept defeat and declare unconditional surrender. Compromise is essential. See the problem?

What happens if compromise is not reached by Feb. 15?

It’s totally unpredictable. It appears that Trump would have little choice but to declare his emergency, spend money on a wall without Congressional appropriations. Or shut down the government again, and who knows when it would reopen?

Or maybe the deadline could be extended?

Unpredictable negotiations, unpredictable presidential actions. Weeks of uncertainty.

And it probably wasn’t on the front page of your Sunday newspaper. Nothing about the shutdown on Page 1 of the Tampa Bay Times, which claims to be the largest newspaper in the third-largest state. Nothing on page 2A or 3A. Nothing about the shutdown, the temporary truce, the Constitutional crisis. Not until Page 10A, at which point the Tampa Bay Times reports:

“Some national parks open to visitors post-shutdown”

Well, national parks ARE important. The story also reports that airports are returning to normal operation. But the Smithsonian Institution won’t reopen until Tuesday.

So now we know what’s important to Americans, or at least to newspaper editors. National parks, airports, and the Smithsonian.

The callow irresponsibility of the media is as much to blame for this crisis as the actions of politicians. And the American public, with its short attention span, is not interested. The American public has gone shopping, or something.

In the end, we Americans will get what we deserve, whatever that may be.

— John Hayden

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Secret Agenda Behind Government Shutdown

Is it possible that President Trump is prolonging the partial government shutdown to reduce the size of the government workforce? That’s been a Republican goal for decades: Starve The Beast.

I am not the type to entertain conspiracy theories.

At least I never was before. But with the shutdown more than a month old, and 800,000 government workers unpaid, people are getting desperate. And angry. One attempted suicide has been reported. How much longer can unpaid workers hang on? How many paychecks can workers miss before they turn away in desperation to other jobs?

Sorry, but after 70 years, I’m cynical enough (or maybe I’m old and dotty) to wonder if there’s a secret motivation behind this shutdown. Trump thinks federal workers are part of the “Deep State.” Trump wants to “drain the swamp.”

But let’s be fair. Maybe Nancy Pelosi has motives, too. Her motives are not so secret. Pelosi is intractable. No negotiations for her. Does she care about government workers? Or is she motivated by the glory of a Democratic victory in 2020? Talk about cynical.

Between Trump and Pelosi, “political ethics” is an oxymoron.

Is the Administration ready to fire workers who fail to show up? How many “essential” workers are calling in sick because they have no money for gas, or lunch, or daycare for the children? The most often cited problem is gasoline. Do you know anyone who walks to work? People commute to work. They drive or take the train. Many workers drive SUVs or pickup trucks that guzzle gas. Some have long commutes, 80 to 100 miles is not common, but neither is it unheard of.

Gasoline to drive round trip to and from work for a week adds up, unless you drive a Prius. What happens when a worker can’t pay for gas?

What happens when the time comes to choose between gas and food? 

If federal prison guards call in sick, guards on duty are held over at the end of their shift. Work without a paycheck? How about work a double shift without a paycheck! Under dangerous conditions.

Some federal prisons are reportedly providing cots for sleeping so guards don’t have to drive back and forth. Solves the gas problem. Work without pay, remain on site 24 hours a day.  Might as well work an extra shift. With guards transformed into virtual prisoners, who takes care of the children at home? Some federal workers are single parents.

Are children alone at night, with no one to feed them or keep them safe? It is possible. Somewhere in this great big country, a child is alone and hungry because a parent is at work and unpaid.

Similar problems must be developing for FBI agents, and yes, Border Patrol agents. And air traffic controllers and airport security personnel. Dangerous prisons, dangerous airports. No gas, no food, no money, no one to care for the children. How long can a worker stand it before he gives up? Or blows up?

It sounds like hysterical speculation. I’m embarrassed to write it. And yet . . .

Most Federal workers are well qualified for something. What about Border Patrol agents? Aren’t they be qualified to be a police officer? Maybe get paid more than their present jobs. Certainly get paid more regularly. An FBI agent could make big bucks managing security for a corporation. Coast Guard members? No, they’re military, they are the only ones who can’t just up and quit and go drive for Uber.

So I ask the crazy questions:

How many workers will be in nervous breakdown when the shutdown ends? How many workers will be gone when the shutdown ends?

How many will take other jobs and not look back? How many will be fired? Will Donald Trump celebrate?

It’s preposterous. It can’t be true.

— John Hayden

Trump’s Wall Is The Lesser Evil Compared To Danger Of Extended Government Shutdown

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PHOTO BY JOHN HAYDEN

Shutting down the United States government, even a “partial” shutdown, is an irresponsible action with dangerous consequences.

It’s worth repeating:

Shutting down government, closing and disabling government, is hugely irresponsible and downright dangerous. It brings America to the edge of chaos. It puts us within sight of anarchy. As the shutdown continues, uncertainty and disorder spread through American society and economy.

Disorder spreads slowly at first. At some point disorder can quicken and run out of control.

Free government cannot be taken for granted.

It is easy to destroy government, if that is what a tyrant wants to do. It is difficult to restore a broken government.

We all need to understand the implications as the government shutdown extends from days to weeks. Do we understand what it means when a country stops paying its workers?

Do we understand what it means when a president threatens to extend a shutdown indefinitely? When a president threatens to seize power by declaring an emergency? It is not a normal thing. I don’t believe any American president has ever issued such a threat before.

Americans need to recognize that we are risking a transition from democracy to tyranny. We are flirting with chaos, anarchy, autocracy.

What to do?

Both sides are responsible. Either side could choose to end the shutdown. At this point, it doesn’t matter who takes the blame. But it might matter who gets the credit for ending the crisis. We can sort that out later.

Trump’s border wall in and of itself is not important. It’s almost entirely symbolic on both sides.

Suffice it to say that the physical structure of a wall can do little harm. It might even do some good, preventing a handful of unauthorized immigrants and a few drug smugglers from crossing the border. Certainly, there is no crisis at the border. The Border Patrol is capable of doing its job.

Let us stipulate that the wall is not strictly necessary. The main harm is that it will cost a lot of money that could be better spent elsewhere. But the cost will not break the bank.

The Wall Is By Far The Lesser Evil.

Clearly, the wall is now a small evil, but the danger to America of prolonging the government shutdown is a great evil.

Responsible and wise is the leader or politician who steps forward, takes this dangerous shutdown by the horns, throws it to the ground and drives a sword through its heart.

Certainly, President Trump could be that responsible and wise leader. Unlikely.

Speaker Nancy Pelosi and Senate Democratic leader Chuck Schumer could be courageous and wise leaders. I think Pelosi and Schumer are more likely to recognize the danger of continuing the shutdown. They are more likely be reasonable, while Trump is more likely to be egoistic. 

Would you rather go into the history books as a courageous and reasonable leader? Or as an egoistic maniac? Trump, Pelosi, Schumer, make your choices.

I beg any politician who has it within their power to do the right thing and end this dangerous crisis. If it means appropriating money to build a wall, so be it. It is a small price to pay.

The courageous and wise leader who ends the deadlock may be seen as losing; they probably will be reviled by their friends. Such is often the lot of great leaders. That’s why “Profiles In Courage” is a short book.

There may be consequences for the 2020 election. We have time to sort that out.

— John Hayden

President Trump Details Alleged Crisis At Southern Border And Announces Meeting Tomorrow With Congressional Leaders

President Donald Trump tonight described in dramatic words what he called a “humanitarian and security crisis” at the southern border between the United States and Mexico.

He reiterated his demand for $5.7 billion to pay for a physical barrier at the border, a barrier that he said would be a “steel barrier rather than a concrete wall.” It was his first televised speech from the oval office as president, and lasted about ten minutes.

Trump noted that a significant part of the Federal government remains “shut down,” and said the “only solution” is passage of a spending bill, which he said is being blocked by Democrats in Congress.

The president announced that he will hold a meeting with Congressional leaders at the White House on Wednesday to discuss his demands.

Importantly, Trump said nothing further about any actions he might take if Congress fails to appropriate the requested money. He made no threats indicating an imminent Constitutional crisis, did not use the word “emergency,” and gave no indication of how long the partial government shutdown might continue.

House Speaker Nancy Pelosi and Senate Leader Chuck Schumer, both Democrats, disagreed strongly about the existence of a border crisis and need for a border barrier in brief comments after the speech by the president, who is a Republican.

No resolution appears likely at tomorrow’s White House meeting, based on the president’s speech and replies by the Democratic leaders. The possibility or likelihood of  escalation of the deadlock, including unilateral action by the president, is no more clear than before the speech.

During the shutdown, affected government workers are not being paid, although some are required to continue working because they are considered “essential.”   The Defense Department and the military is not included in the shutdown because that funding had already been passed by Congress. However, the Department of Homeland Security and other major agencies, such as the Department of Agriculture, are included in the shutdown.

Trump said the proposed barrier is necessary to prevent entry into the United States of large numbers of criminal gang members, drug smugglers, and other immigrants, people for whom he said  “we have no space.” To emphasize his point, the president detailed at least four heinous crimes by people illegally in the country. He said the decision to build the barrier is a choice between right and wrong.

— John Hayden

 

 

United States At Brink Of Constitutional Crisis

The Constitution of the United States of America assigns and reserves to Congress — and only to Congress — the power to appropriate government funds for spending. Under the Constitution, the President of the U.S. has no power or authority to spend government money without Congressional appropriation. As I understand the Constitution.

George Washington was the first president of the United States under the Constitution. Will Donald Trump be the last president under the Constitution?

Tonight, President Trump will address the country from the White House on the issue of spending government money, collected from tax-paying citizens, to build a “wall” along the U.S.-Mexico border.

If Trump attempts tonight to declare a “state of emergency” and spend money to build a wall in defiance of Congress, what are the consequences?

Would we face the most serious constitutional crisis in United states history?

Exactly how would such a crisis be resolved? The third branch of U.S. government, the Supreme Court, would presumably make that decision.

Could Trump attempt to prevent the Supreme Court from sitting? Would the Supreme Court rule in favor of Congress or the President? What happens if the president attempts to defy an order of  the Supreme Court?

Time to read the Constitution. God Bless America.

— John Hayden