You Gotta Laugh.

March 27, 2025.

“Those are some really shitty war plans. This only proves one thing: Jeff Goldberg has never seen a war plan or an 'attack plan' (as he now calls it). Not even close,” said Secretary of Defense Pete Hegseth yesterday, March 26.

Reporters should never see war plans, attack plans, anything remotely like the closely held details the Secretary shared in the chat group Atlantic Editor-in-Chief  Goldberg was invited to join by National Security Advisor Mike Waltz -- nor any other on-the-job training material for unqualified senior government officials.

Goldberg is “the worst possible journalist to invite into a secret Trump group chat,” according to The Telegraph. Goldberg and Trump have a long history. It was Goldberg who reported in 2020 that Trump called American soldiers who died in combat losers and suckers.

Trump called Goldberg a horrible, radical-left lunatic then. Then and now, he calls him a sleazebag.

Instructions below for Waltz and Hegseth on how to view pending Signal group member invites.

You Gotta Laugh.

The last few posts have been heavy lifts. Today, let's just inventory how much crazy has happened in less than two weeks. Two weeks! You gotta laugh because I am tired of crying.

Friday, March 14. White House issues release, “Wins come all day under President Trump.”

Saturday, March 15. All in one day.

US District Judge James Boasberg grants restraining order to prevent deportation of five Venezuelan in Federal custody.

Hours later, a Presidential Order is issued invoking wartime powers of the 1798 Alien Enemies Act to target members of a Venezuelan gang.

Still hours later, Boasberg orders flights to El Salvador to turn around after learning the five Venezuelans in question are on one of the planes.

Trump ignores Boasberg’s order, allows flights to continue.

Monday, March 17. Tom Homan, Trump Border Czar, said, “We’re not stopping. I don’t care what judges think. I don’t care what the left thinks. We’re coming.”

Tuesday, March 18. Trump goes off.

In a Truth Social post he declares Boasberg should be impeached. Punctuation is Trump’s, “This Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama, was not elected President - He didn’t WIN the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES, he didn’t WIN 2,750 to 525 Counties, HE DIDN’T WIN ANYTHING! I WON FOR MANY REASONS, IN AN OVERWHELMING MANDATE, BUT FIGHTING ILLEGAL IMMIGRATION MAY HAVE BEEN THE NUMBER ONE REASON FOR THIS HISTORIC VICTORY.”

Federal Judges do not run for election. There is a reason for that.

Fun facts. Boasberg was indeed appointed to the District Court by President Obama. He was confirmed unanimously by the Senate, some of whom are reportedly Republicans. Earlier in his career he was appointed to a seven-year term on the United States Foreign Intelligence Surveillance Court by Chief Justice of the Supreme Court John Roberts. Republican George W. Bush appointed Roberts. Boasberg was Brent Kavanaugh’s Yale Law School roommate. Kavanaugh has since been appointed to the Supreme Court by Trump. Wait, wait, there is more.

Roberts issues statement. “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said. “The normal appellate review process exists for that purpose.”

Most recent prior statement by a Chief Justice on a political issue was 2018. Trump (again) , calls out “Obama judges.” Roberts (again) responds, "We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”

Other examples of similar statements by a Chief Justice this century. Zero.

Thursday, March 20. Bondi fires.

Attorney General Pam Bondi announces federal arson charges against three individuals charged with using Molotov cocktails to firebomb Tesla autos. Bondi categorizes attacks as domestic terrorism.

Bondi does not disclose details of individuals. There is no indication any of the three arrested are immigrants.

Friday, March 21. While Trump burns.

Trump posts on Truth Social, "I look forward to watching the sick terrorist thugs get 20 year jail sentences for what they are doing to Elon Musk and Tesla. Perhaps they could serve them in the prisons of El Salvador, which have become so recently famous for such lovely conditions!"

The Salvadoran prison comment is a reference to the Alien Enemies Act deportations, which is part of the Alien and Sedition Acts.

For a US president to discuss deporting US citizens to the same jail he deported immigrants to earlier in the week is no joke.

Saturday, March 22. The president shows his age.

Trump claims he did not sign the Alien Enemies Act.

The document appears in the Federal Register with Trumps signature.

White House clarifies Trump meant he did not sign the 1798 version.

Monday, March 24. Goldberg and the Atlantic publish, “The Trump Administration Accidently Texted Me Its War Plans.”

Tuesday, March 25. Nothing to see here.

CIA Director John Ratcliffe and Director of National Intelligence Tulsi Gabbard, participants on the Signal chat group reported by the Atlantic, testify before the Senate Intelligence Committee. Both claim they did not share classified information.

NYT updates list of fifty-three judicial rulings at least temporarily pausing Trump administration initiatives.

Rulings against Trump = 53. Trump days in office = 64. Daily ratio = 0.82 rulings against per day.

Wednesday, March 26. Full circle. What goes round.

The Atlantic publishes “Here are the Attack Plans That Trump’s Advisors Shared on Signal,” in response to denials by Trump, Hegseth, Ratcliffe, Gabbard and others that attack plans were included.

Hegseth makes his “shitty attack plans” comment.

Watchdog group American Oversight sues Hegseth and other officials for violation of Federal Records Act for use of Signal chat, which auto deletes records.

Boasberg is randomly assigned the case.

A three-judge US appeals court upholds Boasberg’s block on Trump’s deportations under the Alien Enemies Act by 2-1 margin. Panel includes Obama, Bush, and Trump appointees. Trump appointee  dissents.

Thursday, March 27. Hold my beer.

Boasberg orders Trump Administration to preserve all Signal communications during the days surrounding the US strikes in Yemen as revealed in Goldberg’s coverage in the Atlantic.

Trump calls Boasberg’s assignment disgraceful and statistically IMPOSSIBLE on Truth Social.

Trump withdraws Elise Stefanik’s nomination as UN Ambassador saying he cannot take a chance on losing her seat in the House. The move catches some GOP leaders off guard.

The team from Philadelphia, home of the Declaration and Constitution, defeats Washington 7-3 in extra innings on MLB Opening Day.

Prediction. It is going to be a long season.

Notes.

https://www.yahoo.com/news/pete-hegseth-social-media-outburst-175332964.html

https://www.yahoo.com/news/jeffery-goldberg-worst-possible-journalist-142846225.html

https://www.npr.org/2025/02/20/g-s1-49896/trump-far-right-extremist-media

https://support.signal.org/hc/en-us/articles/360050427692-Manage-a-group

https://www.whitehouse.gov/articles/2025/02/wins-come-all-day-under-president-trump/

https://nypost.com/2025/03/17/us-news/tom-homan-vows-not-to-stop-deportations-after-judge-blocks-trump-from-using-alien-enemies-act/

https://moderncourts.org/programs-advocacy/judicial-selection/why-merit-selection/

https://thefulcrum.us/rule-of-law/chief-justice-john-roberts-trump

https://apnews.com/article/donald-trump-federal-judges-impeachment-29da1153a9f82106748098a6606fec39

https://www.theregister.com/2025/03/21/tesla_attack_charges/

https://www.axios.com/2025/03/21/trump-musk-tesla-protests-el-salvador-prisons

https://www.archives.gov/milestone-documents/alien-and-sedition-acts

https://www.cnn.com/2025/03/21/politics/trump-signature-alien-enemies-act-proclamation/index.html  

https://www.theatlantic.com/politics/archive/2025/03/trump-administration-accidentally-texted-me-its-war-plans/682151/

https://www.npr.org/2025/03/25/nx-s1-5339484/signal-war-plans-congress

https://www.nytimes.com/interactive/2025/us/trump-administration-lawsuits.html

https://www.theatlantic.com/politics/archive/2025/03/signal-group-chat-attack-plans-hegseth-goldberg/682176/ https://www.axios.com/2025/03/26/signal-chat-trump-officials-lawsuit-hegseth

https://www.axios.com/2025/03/26/signal-lawsuit-judge-trump-deportation-flights

https://www.reuters.com/world/us/us-homeland-secretary-visit-el-salvador-prison-holding-deported-venezuelans-2025-03-26/

https://thehill.com/homenews/administration/5216997-donald-trump-james-boasberg-signal-case/

https://thehill.com/regulation/court-battles/5218417-judge-orders-preservation-of-signal-group-chat-on-houthi-strike/

https://www.cnn.com/2025/03/27/politics/stefanik-ambassador-nomination-white-house/index.html

The How: Acts Four and Five.

March 25, 2025.

Continued from March 23, The How: A Play in Five Acts

Act Four. In Which a Unitary Executive Runs Amok

Don’t throw away this thing we had

‘Cause when push comes to shove

I will kill your friends and family to remind you of my love

So sings our last King, George III, in Lin Manuel Miranda’s Hamilton.

If you think it matters what presidents, courts, and Congress have said and done in interpreting the Constitution in the more than 230 years since it was written, that makes you a living constitutionalist.

Constitutional originalists, and Unitary Executive Theorists, believe the debate and events leading to creation of the law constitute an objective legal construct, and that’s that. In other words, originalists hold that the Federalist Papers are fair game because they illuminate what went into the Constitution, but nothing after adoption of the document is written should be considered in interpreting constitutionality.

Except for the Decision of 1789.

Originalists contend that so many of the delegates to the Constitutional Convention were included in the first Congress that what they did and thought counts, too.

Unitary Executive Theorists seize on that because in 1789 the first Congress left to the president broad removal power, the ability to hire and fire Executive Branch officers.

Removal authority has been a contentious issue ever since, with significant Congressional and Supreme Court action through the centuries. But for Unitary Executive Theorists, everything stops with the Decision of 1789.

What the Founders Thought

There were huge differences among the state delegations – north and south, large and small, religious and other divides. Time was short, the job was big, and to reach agreement, they compromised on some issues and deferred others. Deciding not to decide was a viable option, and they took it. The first Congress did the same.

To counter the originalists, living constitutionalists point to the many indecisions of 1789. To avoid another rabbit hole, call me a living constitutionalist. See U Penn Law for a good example of this debate.

Originalists also zoom in on Federalist No. 70, in which Hamilton argues for a single “energetic” head of the executive branch. In context, however, Hamilton is not arguing for the unlimited power of a president. He is arguing against repeating the ineffectiveness of diffuse leadership under the Articles of Confederacy.

The Articles had only a legislature. Hamilton supported the Constitution’s addition of a Judicial and Executive Branch so that the government could carry out its basic functions.

He argued that there should be only one chief executive – not two or more. And he was very aware he needed to overcome the Anti-Federalist fear that the Constitution would lead to a monarchy.

In the full context of the Federalist Letters, and the Constitution, the creation of a tripartite government would provide a functional central government, with adequate checks and balances to prevent it from having too much power over individual or states’ rights. An agreement was struck before the ink was dry that work on a Bill of Rights would commence immediately.

Origin of Unitary Executive Theory

Almost 200 years later, when President Reagan got in hot water over the Iran-Contra scandal, Congress launched an investigation. Members of the Justice Department believed that was an overreach, and the Unitary Executive Theory was born. President George W. Bush later relied on the theory to expand presidential authority.

But it took Donald Trump to make Unified Executive Theory a soon to be household term. Theory is one thing, pushing the envelope is another, Trump is blowing things to pieces.

In asserting his unlimited power as president, Trump rejects important concepts that have been bedrock parts of our government for decades, if not centuries. That includes independent agencies, executive oversight, and the civil service sector.

Independent agencies include everything from the Federal Reserve Board to the Justice Department, which includes the FBI.

Executive oversight includes the Inspectors General fired by Trump immediately after his inauguration as well as Congressional oversight.

The Civil Service Commission was established in 1883 to create a merit-based hiring system for federal workers. It replaced the spoils system, under which cronyism, nepotism, and corruption ran rampant.

A New Spoils System

One of Trump’s favorite presidents is Andrew Jackson. When Jackson took office in 1829, his supporter, Senator William Marcy, declared, “To the victor go the spoils of the enemy.” Jackson’s new spoils system doled out jobs to political patrons and hacks and appointed unqualified supporters to senior positions.

I was slow to crack the code. The Deep State equals independent agencies and oversight. Waste, fraud, and abuse equals civil service. It took me longer to realize that Trump and DOGE are introducing a new Jacksonian-like spoils system.

If there are any doubts, see the notes for the February 18 presidential action, Ensuring Accountability for All Federal Agencies. He is not messing around.

Trump’s overreach does not stop with the Executive Branch. Congressional oversight has melted away, as Trump has made clear any Republican failing to obey orders will be primaried, or worse. Now he is turning up the heat on the Judicial Branch, calling for impeachment of any judge who rules in a manner he decides is unfavorable. The House responded, “how high,” and is considering legislation to target “activist judges.”

After just two months, Trump is our de facto Unitary Executive.

As the lights dim on Act Four, special effect smoke swirls and a single spot focuses on Trump, rising through a trap door center stage. Curtain down.

 

Act Five. In Which Our Fate Hangs in the Balance.

I warned you about a rabbit hole. I only cited three of the eighty-five Federalist Letters. We skipped Maddison’s Virginia Plan and William Patterson’s New Jersey Plan and never mentioned Article II, Section 3’s Faithful Execution or Take Care Clause. I did not cite Humphrey’s Executor or Seila Law. Links to articles from the legal literature are included in case you want more.

In the weeks to come, expect to hear more about references like those. Because Trump’s February firing of Gwenn Wilcox from the NLRB, despite her term being unexpired, triggered a lawsuit that is likely to reach the Supreme Court and serve as a test of presidential power. Other suits testing presidential powers and the Unitary Executive Theory are wending their way through the courts, too. Team Trump cannot wait. They want the fight.

Trump is disbanding agencies created by Congress, reallocating funds authorized by Congress, gutting the civil service, eliminating oversight of his office, and deciding to ignore or suspend laws. Separately, each is a bold expansion of Executive power. Cumulatively, they are an assault unprecedented in American history.

The Supreme Court has a 6-3 conservative majority. Trump appointed three of the six.

It is 1787 again. America is deciding if we will have balanced government, with checks and balances, or if we will submit to rule by a single person.

The stage is empty. Act Five ends. The curtain closes. The audience shuffles out.

Notes.

Please consider the notes for Acts 1-3 as cumulative with the notes for Acts 4-5.

https://hamiltonmusical.com/new-york/

https://www.journals.uchicago.edu/doi/full/10.1086/714860

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1083&context=public_law_and_legal_theory

https://www.law.cornell.edu/wex/unitary_executive_theory_%28uet%29

https://constitutioncenter.org/the-constitution/historic-document-library/detail/articles-of-confederation

https://www.historians.org/resource/what-is-federal-civil-service-like-today/

https://www.archives.gov/milestone-documents/pendleton-act

https://www.whitehouse.gov/presidential-actions/2025/02/ensuring-accountability-for-all-agencies/

https://people.howstuffworks.com/virginia-plan-vs-new-jersey-plan.htm

https://constitutioncenter.org/the-constitution/articles/article-ii/clauses/348

https://www.reuters.com/legal/unitary-executive-theory-may-reach-supreme-court-trump-wields-sweeping-power-2025-02-14/

https://fedsoc.org/commentary/fedsoc-blog/why-the-firing-of-gwynne-wilcox-could-be-an-inflection-point-for-the-nlrb-and-administrative-government

https://www.yahoo.com/news/why-founders-left-presidential-powers-151215429.html

https://www.montpelier.org/learn/constitutional-check-up/

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?params=/context/penn_law_review/article/9808/&path_info=Shugerman_Final.pdf 

https://constitutioncenter.org/the-constitution/white-papers/on-originalism-in-constitutional-interpretation

https://genius.com/Jonathan-groff-and-original-broadway-cast-of-hamilton-youll-be-back-lyrics

https://www.foxnews.com/politics/trump-floats-idea-convicted-tesla-arsonists-serving-sentences-el-salvador-prisons-lovely-conditions

https://www.foxnews.com/politics/trump-invokes-wartime-alien-enemies-act-1798-target-violent-illegal-immigrant-street-gangs

https://www.axios.com/2025/03/17/tom-homan-deportation-flights-trump-court-order

https://www.foxnews.com/politics/trump-calls-judge-deportation-legal-battle-impeached

https://www.cnn.com/2025/03/21/politics/trump-signature-alien-enemies-act-proclamation/index.html

https://www.dcd.uscourts.gov/content/chief-judge-james-e-boasberg#:~:text=Chief%20Judge%20Boasberg%20also%20served,January%202020%20to%20May%202021.

https://www.npr.org/2025/03/18/g-s1-54493/judge-boasberg-trump-deportation-flights

https://www.cnn.com/2025/03/21/politics/trump-signature-alien-enemies-act-proclamation/index.html

https://apnews.com/article/donald-trump-federal-judges-impeachment-29da1153a9f82106748098a6606fec39

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9808&context=penn_law_review

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1083&context=public_law_and_legal_theory

https://constitution.congress.gov/browse/essay/artII-S2-C2-3-15-2/ALDE_00013108/

https://millercenter.org/president/jackson/domestic-affairs

https://www.foxnews.com/politics/futile-exercise-house-gop-push-impeach-judges-blocking-trump-fizzles-out

https://theconversation.com/president-trump-may-think-he-is-president-jackson-reincarnated-but-there-are-lessons-in-old-hickorys-resistance-to-sycophants-248532 

The How: A Five Part Play.

March 23, 2025.

Alexander Hamilton

My name is Alexander Hamilton

And there’s a million things I haven’t done

But just you wait, just you wait

 Act One. The How Commences.

I admit I threw in the song hoping to grab your interest. Our play is well underway, and you can go down the rabbit hole as deep and far as you want, but hurry. We are in intermission and the Supreme Court is set to kick off the final act. Soon. And you really do not want to miss that.

President Trump's claim of ultimate power, the ability for him to do as he wishes with impunity, and that in doing so that makes it law, is based on a recycled constitutional legal theory based on something Hamilton wrote advocating for the Constitution, which is not even in the Constitution. And even the originators of the theory did not believe it gives Trump the power he is claiming today. 

You may want to read that again. 

The How is an urgent pause before we get back to The Whys. It follows a straight line back in history from Trump’s power grab to…Alexander Hamilton. Cue dramatic music, drop curtain on Act One.

Act Two. In Which Federalists Paper the Wall.

Alexander Hamilton. His name was Alexander Hamilton. And there's a million things he did before the duel. 

He founded the Federalist Party and drafted Washington's Farewell address (see Reading You Your Rights, March 15). Before all that he was principal author of the Constitution along with James Maddison and John Jay. 

Nice work. Nifty concept and fine writing, but how do you transition from the wartime Continental Congress and its Articles of Confederacy to a new Constitutional government?

The Declaration of Independence was just that, a declaration read aloud in town squares throughout the colonies, "We hold these truths to be self-evident." Sign here and pick up a gun if you agree. 

But the new Constitution was different. While the Declaration was a mic drop – we are out of here – the Constitution was for something – this is what we believe and what will rule our lives.

The Continental Congress had a hard enough time banding together long enough to gain independence. Under the Articles of the Confederacy the central government could not even levy taxes. After the war, the Constitutional Convention was called to bring the Federalists and Anti-Federalists together to craft a solution.

After a spirited four month convention marked by argument and compromise, they did, and the new Constitution was written and signed. The founders believed the Constitution needed to be affirmed by the people through a process of ratification. Nine of the thirteen states would need to ratify the document for it to be adopted.

Hamilton, Maddison, and Jay wrote a series of eighty-five letters, collectively the Federalist Papers, explaining the document, the compromises, and advocating for adoption. They signed each letter “Publius,” even though Hamilton wrote most. While directed specifically at New York, the letters had influence throughout the colonies and have come to be considered important insight into the thought process of the framers.

The Federalist view prevailed, the Constitution was ratified, the Bill of Rights was added, and the US had a functional central government. Hamilton became the first Secretary of the Treasury and created the First National Bank.

As Act Two closes, Hamilton stands center stage, triumphant, clutching the Constitution in his right hand, the Federalist Papers in his left. Silence. The curtain closes slowly. A single sheet of paper slips from his left hand and drifts to the floor. It is Federalist No. 70.

Act Three: In Which Hamilton Refuses to Bend a Knee.

The US Constitution is a little over 4,000 words and was written in less than four months. You can read it in about half an hour. The Declaration and the Bill of Rights are much shorter.

The eighty-five Federalist letters total more than 180,000 words written over eight months as the Constitution was being ratified. Put a pot on. It will take over ten hours to read them all.

Do not. Just understand that a major under pinning of the constitutional argument heading to the Supreme Court, the argument that may decide the fate of our democracy, is a theory plucked from one short letter among the eighty-five, ignoring the context of the other eighty-four.

Proponents of the Unitary Executive Theory like to cite Hamilton and hold that Federalist No. 70 supports what Article II of the Constitution does not say, that the President of the United States can do whatever he pleases. 

UNITARY EXECUTIVE THEORY IS ALL MADE UP! In the Federalist Papers, Hamilton used all caps to make a point. Someone else does that too, but with more exclamation points.

Creating and adopting a new constitution was a long, hard road, especially given 18^th century technology. Hamilton threw everything he had at the wall to gain ratification. Take one letter out of context at your peril.

There is debate about whether staunch Federalist Hamilton really preferred a monarchy. He did. And he did not. At the convention, he even proposed a plan for an “elective monarchy.” His plan went nowhere. Hamilton went on to author, sign, and act as the staunchest advocate for the Constitution.

Federalist No. 1 makes clear Hamilton understood the moment, “It seems to have been reserved to the people of this country…whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.” Getting it wrong, he said, means nothing less than, “the general misfortune of mankind.”

A lengthy discussion of human bias and self-interest follows, with Hamilton warning citizens to be, “upon your guard against all attempts, from whatever quarter, to influence your decision in a matter of the utmost moment to your welfare, by any impressions other than those which may result from the evidence of truth."

“Ambition must be made to counteract ambition,” Federalist No. 51 says, before outlining the separation of powers and a system of checks and balances. “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

That does not sound like a man who wants an absolutist or Unitary Executive, let alone a king. Act Three closes with the blare of a trumpet as Hamilton, unbowed, refuses to take a knee.

This is a long, but important play. Acts Four and Five will follow quickly. We need to beat the matter to the Supreme Court.

Notes.

https://hamiltonmusical.com/new-york/

https://history.state.gov/milestones/1784-1800/loans

https://firstamendment.mtsu.edu/article/anti-federalists/#:~:text=The%20Anti%2DFederalists%20opposed%20the,of%20a%20bill%20of%20rights.

https://guides.loc.gov/federalist-papers/text-1-10

https://constitutioncenter.org/the-constitution/historic-document-library/detail/james-madison-federalist-no-51-1788

https://founders.archives.gov/documents/Hamilton/01-04-02-0221#:~:text=The%20Federalist%20No.,70%2C%20%5B15%20March%201788%5D

https://www.constitutionfacts.com/us-constitution-amendments/fascinating-facts/#:~:text=The%20Constitution%20contains%204%2C543%20words,conventions%20beginning%20in%20December%201787.

https://howlongtoread.com/books/3077422/The-Federalist-Papers

https://constitutioncenter.org/blog/the-day-the-constitution-was-ratified

https://www.nps.gov/articles/000/alexander-hamilton.htm#:~:text=1789%3A%20Hamilton%20became%20the%20first,and%20established%20the%20national%20debt.

https://founders.archives.gov/documents/Hamilton/01-04-02-0221#:~:text=The%20Federalist%20No.,70%2C%20%5B15%20March%201788%5D

https://bensguide.gpo.gov/j-states-ratification?highlight=WyJjb25zdGl0dXRpb24iLCJjb25zdGl0dXRpb24ncyJd#:~:text=It%20was%20not%20until%20May,Island%2C%20finally%20ratified%20the%20Constitution.

https://founders.archives.gov/documents/Hamilton/01-04-02-0221#:~:text=The%20Federalist%20No.,70%2C%20%5B15%20March%201788%5D

https://billofrightsinstitute.org/primary-sources/federalist-no-70

https://constitutioncenter.org/the-constitution/historic-document-library/detail/james-madison-federalist-no-51-1788

https://guides.loc.gov/federalist-papers/text-1-10

https://teachingamericanhistory.org/document/the-hamilton-plan/

https://www.pbs.org/wgbh/americanexperience/features/duel-hamilton-and-us-constitution/

The Whys. Q2, Why All the History?

March 20, 2025.

Personal note. More about me in this one than normal. Sorry.

Why not? History is a rather good fact checker.

President Trump is prone to pull historic rabbits from his MAGA-ic hat. Sometimes he just gets confused when he is mad, like in 2018 when he blamed Canada for burning down the White House during the war of 1812. The British did the burning, and Canada was still a colony.

Sometimes he is blowing a dog whistle, like in 2019, when he told four Democratic Congresswomen, aka “the Squad,” to go back where they came from. There was no confusion about the racist history attached to that phrase. Three of the four were born in the US.

Sometimes it is part of a plan to justify dubious legal positions, like last weekend when he invoked the wartime Alien Enemies Act of 1798 to remove immigrants without due process (see Reading You Your Rights, March 15). The Act has been imposed just three times in US history. It does not go well.

History is where I turn for perspective. I already confessed I am mimicking historian Heather Cox Richardson’s great Letters from an American. Another influence is Professor Greg Jackson’s terrific story telling podcast, History that Doesn’t Suck. And I cannot leave out my Temple U American Studies Professors, Phil Yannella and Miles Orvell, from whom I learned to always look both ways. See links in notes.

I was asked recently if knew everything that winds up in posts beforehand. That is a hard no. I wish I knew to start with the French Revolution before writing Reading You Your Rights. Phew, that would have been easier.

Posts start with an observation, a question I cannot answer, or an echo from history that starts a search for the facts, answers, and moments that, hopefully, turn into sound insight. I learn from every post and feel better when I do, even when the lesson hurts.

History leaves us a wonderful trove of stories that, when we listen, imparts wisdom. And it is a great bullshit detector.

Notes.

https://www.latimes.com/opinion/story/2024-10-24/when-donald-trump-cites-history-watch-out

https://www.cnn.com/2018/06/06/politics/war-of-1812-donald-trump-justin-trudeau-tariff/index.html

https://www.nytimes.com/2019/07/14/us/politics/trump-twitter-squad-congress.html

https://www.nbcnews.com/politics/trump-administration/judge-alien-enemies-act-case-chides-doj-lawyer-refusal-answer-key-ques-rcna196754

https://heathercoxrichardson.substack.com/about

https://www.htdspodcast.com/about

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://cis-linux2.temple.edu/~lafollet/Herald/47/47_3/vol47no3.pdf

https://www.amazon.com/stores/author/B009KXDGI6/about

The Whys. Q1. Why This Blog?

March 19, 2025.

Personal note. Ok, my blood pressure is back under control. I got worked up a bit writing Q1. I try not to do that. My goal is to tell history, cite facts and shed light in a straightforward manner. There was also a lot of me in Q1. I try not to do that, too. From now on, when I do, I will include a note like this one at the start. Spoiler alert. Q2 is the same.  The good news is they are atypical and will be the last of I, I, aye aye aye for a while. Plus, they are short.

Q1. Why this blog?

“We mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”

That is how Thomas Jefferson ended the Declaration of Independence. Each signer knew that in putting pen to paper he risked everything.

Wow. Would you have taken that pledge? What would it take for you make that pledge today?

President Trump took office and at once unleashed a barrage of executive orders and actions, many of dubious legal basis. Congress stood aside as Trump usurped powers reserved for them. The media, old and new, focused on the juicy quote du jour.

I was upset because the bigger picture was not getting enough attention. It was clear that he was launching a full scale coordinated attack on American Democracy and the global balance of power simultaneously. The extent of his intentions was underestimated, the damage he was doing unappreciated, and the unchecked speed with which he was moving irreversible.

Writing was my outlet. Once I had a couple pieces in hand, the blog became a place to put them. I shared the URL with a few people I know are interested. There is not much game plan beyond that.

My message? Whatever you imagine Trump and friends are doing, the reality is bigger, badder, and worser.

I am not arguing issues -- immigration, Ukraine, DEI, you name it – those are trees. My argument is the forest is on fire.

I think “We the people” is a pretty cool concept and the Constitution, the Bill of Rights,  and the Declaration are remarkable gifts with which we have been entrusted.

I stand with the guys who 250 years ago overthrew a king and, a decade later, argued, wrestled, and found common ground to create a new form of government despite and because of their differences.

Yes, they were guys, privileged white guys. Yes, some owned slaves, they excluded women, and all were men of means. Yes, some important issues were unaddressed. But they created a new, tripartite form of government with bulwarks against tyranny. And they left us the ways and means to make government represent all Americans.

I will not blame them if we do not do our part.

I believe examining our history enlightens us. Life, liberty, and the pursuit of happiness have never come easy. They never will.

It pains me to write that 250 years after they put their John Hancock on Jefferson’s paper, nothing short of the preservation of American Democracy is at risk. And harder yet to grasp that for Trump, even King of America will not be enough.

Ever since the Founding Fathers made that pledge, the entire world has followed the great American experiment in government by “We the People.” Over half the countries in today’s UN have declarations of independence. All but a few of the world’s 192 countries have constitutional documents. The world is still watching us, and worried.

King Louis XVI was the greatest supporter and financer of the American Revolution. The Colonies could not have prevailed over the British without the French Navy’s blockade. Within France he was a reformist. But the ripple effect of the American Revolution was not kind to kings.

The French Declaration of the Rights of Man and of the Citizen freely acknowledges its inspiration was our American Declaration. French revolutionaries referred to each other as Citizen. They refused to recognize Louis’ sovereignty,  referring to him as they referred to each other. King Louis XVI became simply Citizen Louis Cadet on his way to the guillotine.

In these through the looking glass days, Trump supporters wave our flag and claim to be the true defenders of America, even as our Democracy gets taken apart brick by brick to be rebuilt in autocratic fashion.

Why are they doing it? Why is Trump so confrontational, bombastic, and just plain cruel? And why are we underreacting? Those are future posts in “The Whys.”

For today though, the question is who am I to write this blog? Read my About Me. I am nothing special. I am you.

I think we should all reread the Declaration, our Constitution, and our Bill of Rights. Links are in the Notes.

I write this blog because it is our turn to declare what we will pledge our lives, fortunes, and sacred honor for.

Notes:

https://www.archives.gov/founding-docs/declaration-transcript

https://www.archives.gov/founding-docs/constitution-transcript

https://www.archives.gov/founding-docs/bill-of-rights-transcript

https://constitutioncenter.org/blog/on-this-day-the-declaration-of-independence-is-officially-signed#:~:text=August%202%2C%201776%2C%20is%20one,Declaration%20of%20Independence%20in%20Philadelphia.

https://www.ushistory.org/gov/2.asp?srsltid=AfmBOopdtjtZm9LjykCJ3EEofXiglzterwMwZGngfmfIsdv7oWPTvHD5

https://www.elysee.fr/en/french-presidency/the-declaration-of-the-rights-of-man-and-of-the-citizen

https://www.gilderlehrman.org/history-resources/essays/declaration-independence-global-perspective

https://govinfo.library.unt.edu/cpa-iraq/democracy/blaustein.html

https://www.battlefields.org/learn/biographies/king-louis-xvi

Reading You Your Rights. 

March 15, 2025, updated March 16, 2025.

Things continue to happen fast. Today, March 15, has been extra busy.

Blueprint for Autocracy, posted February 19, overlooked a key element for dismantling American Democracy -- oppress individual rights.

I realized the omission March 9 and drafted a version today before the Washington Post reported that President Trump declared the 1798 Alien Enemies Act gave him the authority to use wartime powers against a Venezuelan gang that he claims has invaded the US.

A few hours earlier than that, a federal judge issued a ruling blocking him from doing just that. It should not have been a surprise. Trump campaigned on it and included it in his inaugural address.

There are 800,000 Venezuelans in the US, many under temporary protective status set to expire soon. Estimates of the number of gang members among them is .001%, or hundreds.

Read Your Rights

When the Constitution was ratified in1788, the belief that it explicitly limited the powers of the new government prevailed over calls for it to spell out individual rights. Just a year later, James Maddison introduced seventeen amendments to the Constitution in the House. By 1791, ten were ratified by enough states to become our Bill of Rights.

Here are three particularly worthy of a reread today.

The First Amendment : “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The Bill of Rights was challenged almost immediately. The tensions between government and individual rights, federal and states’ rights, and what it means to be an American have been inherent in our government from the start.

George Washington was unanimously elected our first president in 1789. He had no political party. Delegates cast two votes each. John Adams received the second most votes to become vice-president.

During Washington’s presidency, wars roiled Europe and threatened to involve America. Washington carefully maintained American neutrality, but his cabinet and his country became increasing divided among those sympathetic to the ideals of the French revolution and those fearing it and sympathizing with Britain. Many French citizens fled the French and Haitian revolutions and found refuge here.

Less than two months before election day in 1796, Washington announced he would not run for a third term. Game on.

Alexander Hamilton formed the Federalist Party with Adams and John Jay. Federalists believed in a strong central government and sided with England. 

Jefferson and Aaron Burr, the anti-Federalists, founded the Democratic-Republican Party or “Jeffersonian Republicans.” They resisted a strong central government in favor of individual and states’ rights and sympathized with the ideals of the French revolution. 

The election was close, with Adams prevailing over Jefferson. Jefferson declined active participation in the Adams administration. Americans have been dueling, pun intended, over the issues that shaped the 1796 election ever since.

Understand Your Rights

In 1798, with the Federalist-controlled Adams government aligned with the British and on the brink of war with France, Congress passed the Alien and Sedition Acts, four controversial pieces of legislation aimed at curtailing criticism from Jefferson and friends.

The most highly charged at the time was the Sedition Act, which was viewed as undermining the First Amendment. It made it a crime for American citizens to "print, utter, or publish...any false, scandalous, and malicious writing" about the government.”

The other three Acts were aimed at immigrants. The Federalists were concerned that non-citizen “aliens” would align with the Jeffersonian Republicans.

Specifically, the Alien Enemies Act permitted the president to arrest, imprison, and deport aliens during time of war.

The Federalists acted quickly. Sedition trials, all targeting Jeffersonian Republicans, and Senate contempt actions followed. The Alien and Sedition acts quickly proved hugely unpopular.

Adams served only one term, losing to Jefferson in 1800. He was the only Federalist elected President.

Strikingly, Hamilton was a partisan politics victim in more ways than one. He drafted much of Washington’s Farewell Address, in which Washington bluntly warned of the dangers of political parties.

“They are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterward the very engines which have lifted them to unjust dominion,” he said.

The last time the Alien and Sedition acts were broadly used was during WWII, when FDR invoked them to inter more than 110,000 primarily Japanese foreign nationals. The scars of that experience have yet to heal.

FDR’s successor, Harry Truman, told Congress in 1950, “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.”

Balancing the internal and external security of our country has always been difficult, Truman said, placing special emphasis on preserving our individual liberties at the same time. He invoked the Bill of Rights and Sedition Act as important precedents.

Apply Your Rights

Things are happening quickly.

On March 4, President Trump posted on his Truth Social platform, “All Federal Funding will STOP for any College, School, or University that allows illegal protests. Agitators will be imprisoned/or permanently sent back to the country from which they came.”

The BBC noted Trump did not define “illegal protest.”

This is not a free speech issue, Education Secretary Linda McMahon said in a CNBC interview the same day, “This is a safety and civil rights issue.”

On March 8, ICE agents broke into the apartment of Mahmoud Khalil, a legal resident of the US to arrest him for a visa violation that did not exist. 

Khalil is a permanent green card holder and is married to an American. ICE initially said Khalil was arrested so they could revoke his student visa. When told he did not have one, they said they would revoke his green card instead.

Khalil, a graduate student at Columbia University, was a leader in campus protests against Isreal last year. A Department of Homeland Security spokesperson confirmed Khalil’s arrest, describing it as being “in support of President Trump’s executive orders prohibiting anti-Semitism.”

On March 9, Senator, astronaut, and combat pilot Mark Kelly posted on X, “Just left Ukraine…We all want this war to end, but any agreement has to protect Ukraine's security and can't be a giveaway to Putin."

X owner, sometimes DOGE leader, spaceman-wanna-be, South African-Canadien-American, and billionaire Elon Musk replied, “You are a traitor.”

On March 14, DHS announced a second Colombia protestor has been arrested and a third has fled to Canada.

Today, March 15, the US President invoked wartime powers not authorized by Congress, in a war he declared, but Congress has not, within our own borders, and against no foreign state.

Washington and Truman warned us. We did not listen.

In Blueprint for Autocracy, I noted Trump was proceeding as if seeking to end American Democracy. I was hoping and waiting to be proved wrong. I am still waiting.

https://www.trumanlibrary.gov/library/public-papers/207/special-message-congress-internal-security-united-states

https://www.archives.gov/founding-docs/bill-of-rights/how-did-it-happen#:~:text=Ratifying%20the%20Bill%20of%20Rights&text=On%20October%202%2C%201789%2C%20President,the%20%E2%80%9CBill%20of%20Rights.%E2%80%9D

https://www.imdb.com/title/tt8503618/

https://history.state.gov/milestones/1784-1800/french-rev

https://www.mountvernon.org/george-washington/the-first-president/political-parties

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.govinfo.gov/content/pkg/GPO-CDOC-106sdoc21/pdf/GPO-CDOC-106sdoc21.pdf

https://constitutioncenter.org/blog/the-day-the-constitution-was-ratified

https://www.pbs.org/wgbh/americanexperience/features/duel-federalist-and-republican-party/

https://constitutioncenter.org/the-constitution/historic-document-library/detail/george-washington-farewell-address-1796

https://www.studentsofhistory.com/ideologies-flip-Democratic-Republican-parties

https://www.bbc.com/news/articles/cqly0zrnnv3o

https://apnews.com/article/columbia-university-mahmoud-khalil-ice-15014bcbb921f21a9f704d5acdcae7a8

https://www.archives.gov/milestone-documents/alien-and-sedition-acts

https://abcnews.go.com/Politics/musk-calls-sen-kelly-traitor-trip-ukraine/story?id=119640282

https://www.bbc.com/news/articles/c3rnzp4ye5zo

https://www.facebook.com/SenMarkKelly/posts/just-left-ukraine-what-i-saw-proved-to-me-we-cant-give-up-on-the-ukrainian-peopl/1312143873693214/

https://apple.news/AE7AjUo-1TmeHjewBcvozXg

https://www.uscourts.gov/about-federal-courts/educational-resources/annual-observances/asian-pacific-american-heritage-month/korematsu-v-us-balancing-liberties-and-safety/facts-and-case-summary-korematsu-v-us

https://constitutioncenter.org/blog/burr-vs-hamilton-behind-the-ultimate-political-feud

Jackie.

March 12, 2025.

A quick personal note. My mother-in-law, Jacqueline, passed this week at age 91. She was an immigrant, who crossed a big, beautiful ocean with an infant and a toddler and her American husband, Francis. She spoke not a word of English you could say in church. Her approval means a lot to me. I hope she likes this.

 

I was happy to be out on my walk today. Folks who read the Introduction to this blog (see February 13) know that I had been in pain for months and had back surgery just three weeks ago.

Today was a beautiful, early spring day. The sun was welcome, but the breeze was chilly. I was wearing black sweatpants and my black jacket with the big collar zipped up tight. As I turned the corner a young man on the opposite side of the street approached.

“Excuse me sir,” he said. “Are you a priest?”

I am far from a priest. I chuckled a bit as I answered, “No, no I am not.”

He pointed his finger emphatically and said, “Well, I am going to say a prayer for you anyway.”

“Thank you,” I said, wagging a finger back. “And I will say one for you, also.”

As our paths crossed and we went our separate ways, two truths occurred to me. 

First, just weeks ago I was bedridden. I walked haltingly into a hospital, leaning on a walker and in intense pain. A few hours later, I was discharged and walked out, unassisted, without pain and with full weight on both feet for the first time since I could remember. 

That I was able to take my walk and meet the young man was a miracle. A miracle of science. Jackie was a nurse, Francis a physician. Both believed in miracles, scientific and otherwise. 

The second truth was simple. Our world could use more prayers and a whole lot more kindness toward each other these days. 

On my walk home I thought of the many kindnesses Jackie has done for me.

Oh, and we could use a little more science, too. Rest in peace, Jackie. 

 

 

 

A Match Made in Hell.

March 11, 2025.

There has been a great deal of speculation about when and how it happened, but what a golden moment it must have been for the pair when Elon Musk’s vision bonded with Donald Trump’s ambition. Did the bromance evolve slowly as Elon camped out at Mar a Lago? Or did Trump seize upon the plan in an instant as is his usual mercurial manner? 

All that is certain is that Elon did not endorse Trump until after the assassination attempt in Butler PA in July 2024. It was not until August that Elon Tweeted, “I’m ready to serve.” Elon first appeared at a Trump campaign event in October. On election day, Musk spent the evening watching returns with Trump at Mar-a-Lago. 

But In just those five months, Elon spent $250 million to help Trump get elected. Five months, $250 million. 

Shortly after his victory, Trump announced the creation of DOGE with Elon and Vivek Ramaswamy at the helm. By the end of November, Elon was spending almost every day with Trump, attending meetings, and even speaking with foreign leaders. 

From the start there were predictions their explosive egos will eventually cause a break-up, but Trump and his First Buddy still seemed very much together as late as February 18 during a joint interview with Sean Hannity. 

Rumors of trouble in paradise are back again this week. Markets are plunging and recession talk is heating up. Plus, Trump took away Elon’s chainsaw following what the NYT labeled an "explosive" meeting with Trump, his cabinet and Elon. 

The foundation of Trump’s plan was already in place by the time Elon came on board. Musk was not a contributor to Project 2025. Trump had already declared he would end the war in Ukraine in one day. An embrace of tariffs and threatening NATO were holdovers from his first term in office. And, of course, his fascinating relationship with Putin goes way back. 

Beneath all the bluster though, Elon remains an accelerant on Trump’s ambitions. Somewhere after that bullet in Butler, Elon sold Trump on his stark vision for the future (see Brave New World, Feb 20). If disruption is inevitable then why not be the disruptor, and why not now? As the Trump plan came together it was clear he'd send shock waves around the world. Now he had Elon to tell him to go farther and faster. 

The US and the rest of the world are still coming to grips with the fact that Trump is all in. And for now, at least, expect to see Elon at his side. 

https://www.independent.co.uk/news/world/americas/us-politics/trump-musk-friendship-history-b2672224.html 

https://www.whitehouse.gov/remarks/2025/02/interview-of-president-trump-and-elon-musk-by-sean-hannity-the-sean-hannity-show/

https://www.yahoo.com/news/donald-trump-reining-doge-saying-112135786.html

https://www.bbc.com/news/articles/cqjdg4x08ylo

https://www.theguardian.com/us-news/2025/feb/19/trump-backlash-social-media-king

https://thehill.com/opinion/national-security/4572790-trumps-nato-hostility-and-russia-relations-trace-back-to-1987/

https://finance.yahoo.com/news/what-trump-promised-in-2016-on-tariffs-and-what-he-delivered-a-lot-080036529.html

https://news.sky.com/story/amp/donald-trump-sent-vladimir-putin-covid-test-machines-as-leaders-shared-seven-private-phone-calls-book-claims-13230514

https://apnews.com/article/trump-russia-ukraine-war-un-election-a78ecb843af452b8dda1d52d137ca893

https://www.blogger.com/blog/post/edit/6394446540685225955/7541088306742698458

NYT OIG OMG.

March 8, 2025.

“They Were the Watchdogs” is extraordinarily good. The New York Times Opinion piece is incredible video journalism. If you do nothing else this week, take a minute to watch the final section, “Is Democracy in Danger.”

https://www.nytimes.com/interactive/2025/03/06/opinion/trump-doge-fires-inspectors-general.html

In his frenetic first week in office President Trump fired more than a dozen Inspectors General, the independent officials responsible for oversight of federal agencies. The IG’s eloquently and insightfully explain how replacing independent watchdogs with Trump loyalists removes the checks and balances on federal agencies and delivers a devastating blow to democracy.

The IGs objectivity about their own dismissal and their passion about the implications for the country is striking and haunting. These are people of integrity documenting history in their own words.

The firings are unprecedented and legally questionable. On January 28, Senate Judiciary Chairman Chuck Grassley and Ranking Member Dick Durbin demanded explanations and a list of the acting IGs replacing those dismissed. On February 12, eight of the fired IGs filed suit demanding reinstatement.

Six weeks later a search finds no White House response to the Judiciary Committee and no update on the IG’s lawsuit. The damage appears done.

Notes.

https://www.nytimes.com/interactive/2025/03/06/opinion/trump-doge-fires-inspectors-general.html

https://www.judiciary.senate.gov/press/rep/releases/grassley-durbin-seek-presidential-explanation-for-ig-dismissals  

https://www.govexec.com/oversight/2025/02/inspectors-general-file-lawsuit-fight-firings/402962/