Tom’s Report on the State of America’s Democratic Health

As of April 4, 2025

Weekly Summary of Democratic Backsliding and Erosion

Trump’s pace has slowed but the damage to liberal democracy continues to accumulate, like DDT did in Bald Eagles once.  I mention the tariffs now, not because they are a backsliding of liberal democracy, but as they fail and economic chaos engulfs us, Trump will become more erratic and authoritarian thus accelerating the erosion of democratic values and norms.   

I would also be wary of federal government economic data.  The Departments that report the data, and offices that compile economic and labor data sets, are firmly in Trump’s hand.  Any bad economic data, I fear will be subjected to Trump’s SHARPIE statistical methodology.   

On the positive side, the lower courts for the most part are holding firm. There is the possibility that the judge overseeing the Venezuelan deportation case will hold the Trump administration in contempt this coming week. Stay tuned. Appeal Courts also seem leery of the constitutionality of many of Trump’s executive orders. As a reminder, written arguments for sustaining a pause on Trump’s Birthright citizenship order are due soon.

Below is this week’s summary.  To see the cumulative backsliding list click the benchmark or menu link above.

Diagnosis: Critical.  

Prognosis: Uncertain

Military Loyalty Tests

Trump fires General Timothy Haugh and Wendy Noble, Chief and Deputy Chief of the National Security Agency, America’s critical signals intelligence agency. As a reminder, the NSA is forbidden by law from technical eaves dropping on American citizens.

They were fired at the request of right-wing pundit Laura Loomer for not being sufficiently ‘loyal’ to Trump: Loomer posted on X they were fired for being disloyal to Trump.  Trump in a statement on AF1 heading to Florida, stated people will be fired because we don’t like them or “people that may have loyalties to someone else.”  As the robot in the mid-60s ‘Lost in Space’ TV used to sa, with arms flailing about: “Danger, Danger, Will Robinson.”

These firings come after the firing of several National Security Council Staff earlier in the week, also worryingly at the behest of Laura Loomer.  Press reports indicate Haugh testified in a closed hearing recently and was asked about the Signal scandal.  

Whether the President was angry at Haugh for not giving the party line regarding Signal is unknown but the most likely cause for the firings.  Nonetheless, Trump may have been looking for a reason to fire Haugh and Noble.  Not saying Trump ordered Haugh and Noble to eaves drop on American politicians and others, but that option certainly is a possibility given the rogue nature of these first months of his administration. Frankly, I ask why and how a right-wing pundit with no security clearances may have knowledge of Haugh’s closed door testimony to the Senate. And even more worrisome, why the hell is Trump having sensitive national security discussions with her.

Continued Human and Civil Rights Violations

ICE admits wrongfully detaining Maryland man, says they can’t return him to US from El Salvador prison. Calling it an “administrative error.” Worse, they say they can’t get him back. This man from Maryland — married to an American, and father of a 5-year-old autistic child — was rounded up as part of the Trump’s press event, AKA the mass deportation of Venezuelan gang members.  He was deported back to El Salvador, a country he fled because of gang threats without due process.

Rise of the Government Informer Class

Vigilante surveillance of pro-Palestinian activists on university campus(es).  Pro-Israeli activists are using AI facial recognition to identify and report pro -Palestinian activists/protestors to ICE for deportation, per NBC reporting.  The AI facial recognition was developed for this purpose.  A far-right group — Betar USA –claimed credit for one arrest, per WGBH reporting.

Acts of Cowardice Continue

In an act cowardice and self-censorship, the White House Correspondents Association cancelled comedian Amber Ruffin’s appearance at the White House Correspondent’s Dinner, stating that they had “unanimously decided we are no longer featuring a comedic performance this year.”  This ends a 42-year history.

To avoid executive orders sanctioning them, several more law firms reached agreements with the White House, to include the law firm Wilkie Farr and Gallagher that Kamal Harris’s husband, Doug Emhoff, works for. They offered up $100 million in pro bono work for Trump priorities to avoid possible executive order sanctions.  Through these dragnets, Trump has almost garnered a quarter billion dollars in pro bono legal work for Trump initiatives.

New Punitive Investigations

The FCC began an investigation into ABC’s DEI practices. ABC is part of Disney.

Destroying Civil Society and a blow to Labor Unions

Tens of thousands of additional federal employee layoffs announced.  In addition, Trump bans federal government unions collectively bargaining ability. Agencies included in the ban are the Departments of State, Defense, Veterans Affairs, Energy, Health and Human Services, Treasury, Justice and Commerce and the part of Homeland Security responsible for border security. Police and firefighters will continue to collectively bargain. Another blow to labor unions.

Per CBS, senior officials at NIH terminated or reassigned:  “Senior leaders at multiple agencies were removed, multiple health officials said, including Dr. Jeanne Marrazzo. Marrazzo replaced Dr. Anthony Fauci as the head of the National Institute of Allergy and Infectious Diseases. At the Centers for Disease Control and Prevention, senior officials put on leave and reassigned to the Indian Health Service include Dr. Karen Hacker, head of the agency’s chronic disease teams, Kayla Laserson, head of its global health center and Dr. Jonathan Mermin, director of the CDC’s STD and HIV/AIDS center.”

In a new executive order, President Trump targeted the Institute of Museum and Library Services (IMLS), the federal agency charged with distributing Congressionally approved funds to state libraries and to library, museum, and archives program grant recipients.  The National Endowment for the arts was also targeted for layoffs and funding cuts.

A New “Remedy:” America’s Social Contract Under Siege

America floundered after the Revolution ended.  A confederation of sovereign states jealously guarding their individual prerogatives, bickering constantly, the central government virtually powerless.  The Articles of Confederation was a disaster.  

In 1786 commissioners from five states met in Annapolis, ostensibly to discuss trade between the states and international trade relationships.  Among the 12 in attendance were James Madison and Alexander Hamilton.  They apparently did not accomplish much, but they did agree to meet the following year in Philadelphia, this time inviting commissioners from all the states.  The stated purpose of the convention was not to develop a new form of government, however, that was precisely what James Madison, among several others, intended.  The convention was to create a new social contract between the people and the states and save the union.

The Philadelphia Convention gathered on May 14, 1787. After waiting for more delegates to arrive they got down to business, debating and agreeing on the rules of Convention.  On May 29th Edmund Randolph of Virginia “opened the main business” of the Convention.  Speaking to the “crisis,” that is the failure of the Articles of Confederation, and “prophecies of the American downfall,” he proposed four objectives “to revise the federal system.  We ought to “inquire 1. into the properties, which such a government ought to possess.  2. The defects of the confederation. 3. the danger of our situation& 4. The remedy.”

That ‘remedy’ has withstood the test of change since the Constitution was adopted by the States in 1789. Two hundred and thirty-six years.  The Constitution was and is not perfect, in fact it was not designed to be infallible, like a religious text proclaiming the word of God.  It was made by humans for humans, and they had the wisdom to recognize that things, well, change.   A Bill of Rights was added early, critical amendments were enacted over the decades.  Slavery was finally abolished (although after 96 years of relentless brutality), African Americans and women won the right to vote, birthright citizenship.   It is the social contract that endures and keeps us bound to one another. It’s what makes us American.

That remedy, that social contract, our Constitution is at risk.  Day after day the current administration attacks America’s social contract.  Executive orders rain down like hail stones, crushing the tender plants in our garden of democracy. If anything, they are messages to his base, a veneer of action, but they are also projecting the America he wants and the social contract he envisions. It isn’t a pretty one.

What happens when his attempts at changing the Constitution through fiat fails.  The Supreme Court says, “no.”  What then?  I doubt he will retreat; he will fight.  One way to fight is to organize a new constitutional convention, a new remedy, a new social contract. Can you imagine Georgia’s delegate being Marjorie Taylor Greene? 

Will our most cherished rights disappear into the ether?  Replaced by an authoritarian social contract?  Emojis of flags and flames and fists. If the convention meets and writes a new constitution, I suspect It will fundamentally alter our relationship to the government, and not in a good way.   

If Trump’s executive orders are a guide, a new social contract will eschew separation of powers, in its place a powerful executive, with unlimited terms.  King like.  Gone will be an independent judiciary, replaced by a Supreme Court appointed by the President, serving at his will. Gone will be the House of Representatives and a Senate, replaced by a unicameral body elected by state representatives, a rubber stamp affair.  A state religion declared.  A Christian religious test to hold office.  Separate but equal codified.

Don’t forget about The Bill of Rights and all amendments that will be nullified. Do you see them offering robust press freedoms?  Protecting you from unreasonable searches and seizures.? What about jury trial, or right to counsel.  Do you see that being in the new social contract?  I see the curtailment of rights, women’s right in particular.   Same sex marriage banned, access to contraception gone (Recall Justice Thomas’ call for cases), homosexuality criminalized.  The list of rights rescinded would go on and on.  It wouldn’t be a positivist social contact it would be negativist one, restricting rights not establishing rights.  It won’t be a mixed government of the one, the few, the many.  It will be the one. Is that an America you can live in?

That’s the social contract I see down the road if people stay at home, keep their heads down, and give in to Trumpian chaos and mayhem. Yes, reform is needed to get money out of the campaigns, stopping politicians from enriching themselves, keep the oligarchs from buying elections like Musk is now trying to buy the Wisconsin Supreme Court race, but a new federal system that gives up on democracy – the many — is not the ‘remedy.’  This new Trumpian social contract would be the opposite of reform, it would turn America not back to 1954 or 1859, or to 1789. It would transform America into an autocracy of one man rule..

This weekend, May 5th, there will be a rally at the Louisa Courthouse from noon to two.  Come have your voices heard.  Celebrate the 238th anniversary of the start of the Constitutional Convention in Philadelphia.

A dear John Letter: A Response to a Letter from Representative John McGuire

Below is a response to an email I received from Virginia’s 5th Congressional District Representative John McGuire. It was written in response to a letter or email I sent to him. I am appreciative and grateful for his response. I expected it would be one of those form letters, pandering and short on substance.

To my delight it was long, specific, and expressed his world view and take on recent controversial actions by the Trump administration, in particular the alleged unlawful deportation of hundreds of alleged Venezuelan gang members to El Salvador’s maximum security prison. To my dismay, it demonstrates a fundamental break in who is and who is not entitled to basic constitutional rights.

The letter below is my response. I will mail him a hard copy.

Dear Mr. McGuire:

Thank you for your email dated March 28, regarding the recent deportation of hundreds of Venezuelans alleged to belong to a criminal gang to an El Salvadoran maximum security prison. I appreciate your candor and directly addressing my concerns. However, I would like you to consider some of my observations regarding your response. They are based on my 29 years of federal law enforcement experiences.

In your letter you stated that “Law enforcement spent weeks drafting the list of deportees to make sure all were connected to the violent Venezuelan Tren de Aragua gang.”  Adding, that if some were mistakenly identified as a gang member, it really didn’t matter because they were in the country illegally: “I am aware there has been some discourse surrounding whether all those deported were connected to Tren de Aragua. I have full faith in our law enforcement, but on the rare chance that some of those who were deported happen to not be gang members they were still here illegally and therefore have committed a crime.”   

I would rather have 150 guilty men go free than imprison 50 innocent men.  It is cruel to send someone who would maybe get six months in a U.S. minimum security prison, than an indefinite stay at a high risk maximum security prison in El Salvador. Cruel and unusual punishment don’t you think?

What you didn’t mention is that despite a Federal District judges order to stop the deportations and return the flights pending hearings for the deportees, the government deported them anyway.  Claiming they were over ‘international waters.’  How could this be if they were over the Gulf of America?  

I believe your claim that you venerate our Constitution, but you seem unaware that our great Constitution has a Habeas Corpus clause.  That is the government must produce “the body” in a court so that the defendant has a right to challenge the charges and their detention.  Basically, that their arrest and confinement were legal.  This fundamental legal concept goes all the way back to the Magna Carta.  That is an 850-year-old tradition bequeathed to us by the British.  And Trump throws it out like yesterday’s trash.  The Judge’s order to stop the deportation was basically a Writ of Habeas Corpus in name and spirit.

I think we can both agree with the proposition that all inhabitants of the United States, regardless of citizenship or immigrant status have the following basic, fundamental human rights we cherish as a nation:

  • The presumption of innocence
  • To be secure from unreasonable searches and seizures (an arrest is a seizure)
  • The right to counsel
  • Right to a speedy and public trial
  • Not to be deprived of life, liberty, property, without due process of law
  • Not subjected to cruel and unusual punishment

The Venezuelans, it appears, were denied every one of these rights enumerated above. I am curious then, why you think these rights do not apply to them?

The arrests and deportations of these Venezuelans is the exact opposite of how our judicial system is supposed to work. The law enforcement agency making the arrests – the ones you have ‘full faith in’ – are not the prosecutor or the judge or the jury.  Our system is designed to be adversarial, where the government must present evidence, to either a grand jury or magistrate before an arrest is made; or, after a warrantless arrest brought before a judge, and in the end convince a jury.

Even the basic right to challenge the government’s assertions of either criminality or being in the country illegally, was denied the Venezuelans, it appears.  From what I can gather, the government presented no evidence.  The court decides whether their detention is legal not ICE or you or Trump.  I can see the discussion now:  Judge, “What proof do you have that the defendant is a gang member?” Agent: “He has gang tattoos.”  Judge: “WTF! Get out of my Court.”  And it goes downhill from there.  

Tattoos? That would be like rounding up everyone who was near Capitol Hill on January 6 wearing a red MAGA hat and deporting them to Guantanamo without due process.  Don’t you think?

Spuriously invoking and using the Alien Enemies Act of 1798, the government denied their rights, disappearing them:  No due process, no right to counsel, no hearing before a judge, sent to prison in El Salvador without trial for indefinite detention.  That should scare the crap out of everyone.  Then, to top off this charade of justice, DHS Secretary Noem shows up in El Salvador for a photo opportunity.  Thank God there were not gravel pits nearby.

I know I can be pedantic about American history, but did you know that the Alien Enemies Act can only be invoked after a declaration of war?  I really, really, really, hope you are aware that only Congress has the constitutional and legal prerogative to declare war.  The President’s use of the Alien Enemies Act was therefore illegal, extra-Constitutional.

You and I both swore an oath to preserve and protect the Constitution. I did my best to uphold that oath and I expect you to faithfully execute that oath for the people of Virginia’s 5th Congressional District.  It’s your duty to challenge these trespasses and gross injustices by Trump, not excuse them.

Listen, I am not against deporting criminal aliens and believe in protecting our borders. One of the last cases I oversaw resulted in a child sex trafficker getting 25 years in federal prison. But let me ask you this, why protect our borders when a sitting president destroys the country from within by attacking the fundamental rights we agree are essential to this great country’s democracy? When police ‘gather lists’ at the direction of political leaders we are in dangerous territory. Whatever you think ails this country, strangling democracy to save it is not the right answer.

Thank you and I look forward to our continued dialog.

Tom’s Report on the State of America’s Democratic Health

As of March 28, 2025

Weekly Summary of Key Benchmarks of Democratic Backsliding and Erosion

What a week. Trump continued his assault on the 6th Amendment, the right to counsel, and the 1st Amendment through executive action targeting law firms. It has become a pattern, no a policy, of this administration to threaten, extort, strong arm law firms it considers “vexatious” by executive order. A modern day version of Bills of Attainder.

According to NBC, Trump issued a new memorandum March 22 titled “Preventing the Abuses of the Legal System and the Federal Court.”  The memo gives AG Bondi the power to revoke security clearances of attorneys and terminate federal contracts of law firms if she deems their lawsuits against the administration are “unreasonable” or “vexatious.”

Also this week, Trump signed an executive order against the law firm Jenner and Block, a law firm with clients litigating Trump administration actions. The law firm also has some connection to Robert Muller.  

In a disappointing move, one targeted law firm capitulated to Trump.  The law firm Paul Weiss, Rifkind, Wharton & Garrison LLP bowed to Trump at a White House meeting following a Trump Executive Order targeting the law firm’s business.  They admitted wrongdoing of a former partner who left the law firm in 2021 to work the New York City’s District Attorney’s Office which prosecuted Trump’s Porn Star payoff case;  offered $40 million in free pro bono legal work supporting Trump administration initiatives; change their DEI hiring practices. Who would want to hire a law firm like that?  

Trump continued to use police powers to violate the 1st Amendment right to dissent and assembly, focusing on foreign nationals legally in the U.S. A Tufts University PhD candidate of Turkish origin was arrested by ICE in an undercover takedown usually reserved for drug dealers. A federal judge ordered that the detainee remain in Massachusetts pending court hearings. In a bold and illegal subversion of Habeas Corpus, ICE engaged in a game of find-and-seek and the detainee ended up in a detention facility in Louisiana. I can’t imagine the terror and fear this woman must feel at this nightmare unfolds. This flagrant attack on the judicial system is a pattern of this administration. The slow slide in to authoritarian rule is in full expression this week.

Secretary of State Marco Rubio, a second generation Cuban-American whose grandfather fled Fidel Castro’s regime, announced that over 300 student visas had been revoked for students engaging in political activism, who he labeled “lunatics.” How sad that it only took one generation to turn from asylum seeker to despot.

For a detailed cumulative list of benchmarks charting our country’s slide into despotism please click the ‘Benchmark’ link above.

Let me know how I am doing. Leave a like or a comment. Thanks.

Captain Ahab with Nukes: Let’s Chat.

By now most folks have heard of Signalgate, the scandal that involves Trump’s national security team using a commercial, unsecured app to engage in a group chat to discuss attacks on Houthis in Yemen.  The texts in addition to disclosing an imminent attack on Houthi targets also included internal White House policy debates, whether to postpone the attacks, and how to make “Europe” pay America for keeping shipping lanes open, and reflections on ‘deadbeat’ European. Later in the texts, the ‘order of battle’ for the attacks on Houthi targets and battle damage assessments was provided.  What has not been published is the name of an “active CIA intelligence officer” named by the CIA Director during the chat.

The White House claims the information discussed was unclassified.  The democrats roll their eyes and say it was classified. I don’t want to focus on the classified unclassified debate or the hypocrisy of the law and order rightwing.  To me the worst part of the group chat has nothing to do with the obvious classified nature of the information disclosed by the posse incompetente.  It’s what the texts reveal about Trump, our national security priorities, and his judgment in selecting his national security team.

First, the choice to use Signal was a conspicuous display of their sloppy amateurism. It explains why the Russians are running circles around Trump’s peace negotiating team.  Second, this motely group appears afraid to speak their minds to the boss.  That’s their core job, providing timely, frank, and honest advice.  It never ends well for Kings who have feckless and clueless advisors.  Third, it is clear our national security policy has nothing to do with America’s security but Trump’s personal vendettas, punishing those who trespassed against him.  Fourth, Trump is the personification of Captain Ahab but with nukes. Europe his white whale, the “Tariff” his whaling ship.

I was shocked at the sophomoric reactions to the serious life and death ramifications of their actions.  Instead of somber reflection that innocents died in that collapsed building – along with a bad guy – they send childish celebratory emojis texts.  When someone’ killed I always think, “what a better time than now to send a string of jingoistic emojis.”   They have the emotional intelligence of rocks.  

Damning as well, is that hours before our men and women flew into harm’s way, they recklessly telegraphed the attack to our adversaries, who, most likely have compromised Signal.  Did they not think to protect our men and women?  Their gross dereliction of duty betrayed the life and safety or these men and women.  A dishonorable sin in my eyes. They must resign.

The Department of Justice must open a preliminary inquiry whether any laws were broken by members of Trump’s national security team.  Mike Walz and Pete Hegseth must resign.  Sadly, my prediction is that Trump will use this incident to further his relentless attacks on a free press.  Trump will counterpunch with ordering Justice to open an investigation, but the target will be “The Atlantic” and the journalist who was the “accidental” invitee, a guest of Mr. Walz.

Lost and Found: Where in the World is John McGuire

Yesterday, the House of Representative’s DOGE Subcommittee, chaired by Marjorie Taylor Greene, provided a WWE style smackdown of senior executives from National Public Radio and Public Broadcasting Service.  The usual theater, chair shots, kissing up to Fox News, bullying, the outcome preordained. 

John McGuire, Virginia’s 5th Congressional District Representative, and a member of the DOGE Subcommittee was nowhere in sight.  Maybe he was teleworking?  He did not make an appearance (from what I can tell) much less ask any questions.  In an almost 3-hour hearing you would expect him to show up and ask a question or two.  He didn’t.  Was he getting his nails done?  Maybe he was on some Signal group chat. The dais where the representatives lord over the witnesses was mostly empty throughout the hearing, although I must admit, that there were more chairs than members on the Subcommittee.

It was an important hearing.  It was federal funding life or death for NPR and PBS.  Looks like death.  If the Subcommittee had its way, according to Greene, they would never get another penny of taxpayers’ money.  McGuire, I suspect would agree with the Subcommittee’s sentiments.

What galls me is that federal workers have been excoriated for allegedly not showing up for work or being lazy or wasteful, by folks like McGuire.  Justification for purging tens of thousands from federal government payrolls. The usual claptrap.  So, where was he on Wednesday?  My tax dollars, and your tax dollars, pay his salary, and I expect and demand him to put in the time and show up for committee hearings, ask questions when important issues are being discussed.

Please call or write Mr. McGuire and ask where the hell he was yesterday and why wasn’t he at the hearing to ask questions.  Finally, tell him to support NPR and PBS if you are so inclined.

DOGE gets to Audit State Voter Rolls in New Executive Order:  Right to Vote in Mid-Terms Threatened?

Yesterday Trump signed an executive order permitting the federal government to regulate federal elections at the state level.  The order, entitled “Preserving and Protecting the Integrity of Elections” not only violates the constitutional prerogatives of Congress and the States to regulate and run elections respectively, but repeats timeworn jeremiads of Trump’s favorite election fraud conspiracies.  

The courts should and will issue a pause or injunction because of its blatant unconstitutionality. Bizarrely, it permits DOGE to access state voter rolls to conduct audits.  Yes, DOGE, that extralegal secretive government organization run by an unelected billionaire.  Will any notification of suspension of voting registration come with a Tesla flyer? If you don’t believe me here is the language in the order:

“the Department of Homeland Security, in coordination with the DOGE Administrator, shall review each State’s publicly available voter registration list and available records concerning voter list maintenance activities as required by 52 U.S.C. 20507, alongside Federal immigration databases and State records requested, including through subpoena where necessary and authorized by law, for consistency with Federal requirements.” 

Setting the constitutionality of the order aside, it underscores Trump’s disturbing mindset and the fantasy world his legal advisors live in.  Every day it’s like going down Alice in Wonderland’s rabbit hole into a fantastical White House of gibbering lunatic imbeciles.

This is one of the most undisguised attempts to purge millions of registered voters since the end of Reconstruction.  Sowing chaos into the mid-terms is its goal. If America’s past is precursor, DOGE’s audits no doubt will target primarily black and brown voting districts.  Regardless, if you are a registered voter fear losing the right to vote.

Today, please Send an email, write a letter, or call your representative to complain of this latest assault on our rights.

Fat Fingered Slumlord’s of Wages and the Commodification of People

America is more divided than ever.  “How we got here?” I think, is the question at hand. More importantly, how do we step back from the abyss, in 1500 words or less?  I won’t begin with a jeremiad of Trump’s latest constitutional assault or the other symptoms plaguing America but instead focus on underlying structures, the causes of the symptoms.  

Bill Clinton famously said in his campaign for president, “It’s the economy, stupid.”  The economy is too broad, and I argue that “It’s the wages, stupid.”  Since the 1980s our economy grew tremendously while wages stagnated and shrank for middle- and working-class folks.  

Frustration and anger mounted over the decades as middle-class Americans lost faith in the “miracle of the market. It was an era of the wages of poverty and in 2016 it erupted in Trumpian Populism.  It went dormant after Trump’s chaos and excesses and his loss at the polls, but the Democrats squandered the dormancy during the Biden years by a massive failure of vision, a greater failure of touting economic stability and growth, and letting an obviously declining Biden run for reelection.  It wasn’t age, it was the very real cognitive impairment we all witnessed, and denying it was just plain stupid.  

I propose that the root causes of America’s partisan divide today are fixed like concrete in these wages of poverty.  I argue they are the result of systemic attacks on unions and progressive tax policies, attacks primarily championed by conservative Yale and Harvard elites who are the mouth pieces of Corporate America (Capital).  The liberals who used to champion the middle- and working-class, also lost their way, chasing fat corporate campaign donations in exchange for wage silence. 

Below are three broad stats that forms a snapshot of America’s poverty of wages. I think they show a strong correlation between union membership, wages, and income inequality. The other ingredient, not captured in the stats, are regressive tax policies starting under Ronald Reagan.  

  • America’s GDP grew 15 percent since 1980.  American’s ‘Real Median Household Income’ grew 7 percent during the same period (Federal Reserve Graph).  
  • The top 1 percent of wage earners income grew 138 percent since 1979.  The bottom 90 percent of wage earners income only grew 15 percent during the same period (Economic Policy Institute)
  • The income-share of the top 1 percent began to shrink (after the Gilded Age excesses) in 1917 when union membership began to rise, peaking at 35 percent of the work force between 1942 and 1957.  This wealth gap shrinkage persisted until the 1970s in tandem with a long period of union decline starting in the late 1950s.  The late 1970s and early 1980s witnessed a spike in the share of income going to the top 1 percent as union membership waned to record lows (Department of Treasury).   

The Rise and Fall of Unions: A very, very Short History

Industrial age excesses and the massive accumulation of wealth by Gilded Age titans of industry lead to a progressive movement and legislation that fostered unions’ growth.  The first half of the 20th century saw progressive legislation, starting in 1914 with the Clayton Act, which as a matter of principle, stated that “a human being is not a commodity.”  Wow! What a declaration. In 1926 the Railroad Labor Act permitted the formation of unions within that industry.  The Davis Bacon Act in 1931 required federal contractors to pay the “prevalent wage.” The U.S. Employment Commission was established in 1933.  The National Labor Relations Act gave labor the right to organize in 1935.  This was followed by the Fair Labor Standards Act, which among other reforms, created a minimum wage.

Corporate and conservative backlash began undermining unions.  Starting in 1947 with the Taft-Hartley Act, a Republican bill, vetoed by Truman, but overrode by the Republicans. It amended the National Labor Relations Act, restricting union’s ability to give political donations, or engage in support strikes, or boycotts, to name a few.  Additionally, states, like Virginia, got in the act by passing “right to work” laws.  A near mortal blow to the unions came when Ronald Reagan fired 11,000 air traffic controllers on August 5, 1981 to much fanfare.  

The legislative war on unions was supplemented by demonization of unions.  Linking organized crime to unions. Arguing that unions made America uncompetitive.  Even today, the elite conservative think tank the Hoover Institute — housed at the West Coast elite Stanford University – recently wrote that the decline of unions “is good news, not bad.”  

They argue that markets provides a “greater protection for workers in a competitive economy that opens up more doors than it closes.”  The stats above suggest otherwise.  They further argue that taxes and the federal government “directs social resources to less productive ends.”   I presume by “less productive ends” they mean working class folks who need Medicaid or SNAP or housing vouchers to survive, because, while productivity has increased, their wages remain stagnant or are shrinking when inflation is factored in.

Regressive Taxes and the Rise of Income Inequality

Ronald Reagan and the Economic Recovery Act of 1981 transformed a progressive tax system into a regressive one, ushering in an era of tax policies favoring the wealthy.  Voodoo economics, according to detractors.  For instance, while earned income taxes were cut somewhat at equal rates among upper- and lower-income folks alike, however, you have to look at the unearned income tax cuts.  Unearned income — that’s how wealthy folks get richer on laboring classes sweat —  were taxed at 70 percent tax.  That tax rate was dropped to 50 percent. In addition, these new tax policies also taxed capital gains income at a meager 15 percent, well below the tax rate working-class folks were taxed on their income.

These elite conservative regressive tax policies permitted the wealthy to pocket billions every here.  They accelerated the accumulation of wealth for a very small sliver of Americans, that infamous 1 percent, while the vast majorities wages stagnating.  The Tax Reform Act of 1986, also a Reagan era tax cut, further increased wealth inequality.  Today, Governor Youngkin vetoed an increase in Virginia’s minimum wage and vetoed mandatory paid sick leave.  He cited the impact to businesses.  A perfect example of treating humans as commodities.   

Recall the stats above that show a spike in the income shares of the top 1 percent. They coincide with these 1980s tax cuts.  Thes policies also triggered an acceleration of the shift away from a manufacturing-based economy to one based on financial instruments.  Increased offshoring of manufacturing in favor of wall street marketplaces was a result.

The Age of Scapegoating

Today we are about to repeat that mistake as Trump and his Wall Street supporters push a feckless and obedient Congress to pass a “big, beautiful” bill to transfer $4 trillion dollars in tax breaks to the wealthiest Americans over the next 10 years.  I presume so it does end up in the hands of ‘less productive ends.’

How is it then that leftist, commie, Marxist, elite professors of history at elite universities get the blame for America’s stagnating wages and declining middle-class?  When the double whammy of withering unions and tax policies that favored the rich that produced surging levels of income inequality are the products of conservative think tanks and their corporate sponsors.

Instead of blaming pallid faced conservative men with pedicured fat fingers that never meet a callous; sitting in leather chairs in corporate board rooms; farting and burping after a meal served by minimum wage workers; joking about offshoring and fat bonuses for these wages of poverty, Republicans since Reagan manufactured culture war scapegoats.  Remember “Welfare Queens.”  Trump now waves that scapegoating red cape like a matador at the angry bull standing in the ring poverty.  Today’s 21st century villains are Federal bureaucrats (a perennial favorite), DEI hires, Universities, and dark-skinned criminal migrants.  They’re the line jumpers, getting ahead of hard-working white men, stealing wages and futures, Trump blusters.

Since January 20, Trump has engaged in a modern-day equivalent of Rome’s Circus Maximus:  Bread and Gladiators to entertain the masses, satiate their rage by dehumanizing migrants, humiliating bureaucrats, demonizing scholars and scientists, and wiping clean American history of any references to persons who aren’t white straight men. Meanwhile, Trump and the plutocrats intend to pick the pockets of middle- and working-class men and women of $4 trillion dollars of wealth that they produce through their labor.

Are We Lost as a People?

Hell, I don’t know, and I don’t pretend to have any answers as to which party, if any, is best positioned to lead America out of this collective wilderness.  Democrats and Republicans both alike treat middle- and working-class people as commodities. 

The Republican Party’s corpse is putrefying in a shallow grave. The Trump Party has risen in its place.  A party ruled as if it were a totalitarian regime.  Fact and fiction, truth and falsehood blended into an indistinguishable shit cocktail. Everyone living in fear of the ‘Primary,’ the equivalent of political death, or the very real threats from Trump’s shock troops, which now includes the Justice Department and the military.  It’s a wall street zombie shit-show party pretending to be the party of the working classes.  

The Democratic Party, while not captured by a hegemonic figure, is crippled like a rudderless ship, afraid of its own shadow, with no defining vision, led by moribund octogenarians stuck in the 80s and 90s.  No wonder my consumption of Scotch is skyrocketing like measles infections.  

I think the Democrats have the best chance, nevertheless.  They need to reinvent themselves,  make way for younger leaders that represent today’s generations, champion fair and equitable wages that go beyond the “living wage’ shtick, to win back, middle- and working-class folks.

So, that’s my diagnosis.  I have no cures or fixes, just offering some lifestyle changes to the Dems:

  1. Confess your sins.
  2. Acknowledge you don’t have all the answers.
  3. Talk normal.  Enough of the highfalutin wonk talk, and cuss for fuck’s sake!
  4. Stop bringing cupcakes to knife fights.
  5. Fight goddamned hard to ensure unions flourish, much will naturally follow from strong unions.
  6. Have principles and stick with them.  That means not abandoning LGBTQ rights or inclusion or pluralism or diversity. 
  7. The national gerontocracy needs to step aside.   
  8. National leaders:  Lead, follow, or get out of the way.

Tom’s Report on the State of America’s Democratic Health

As of March 21, 2025

Benchmarks of Democratic Backsliding and Erosion

Leading the list of abuses this week was Trump’s unconstitutional declaration of war and invocation of the Aliens Enemies Act of 1798; timed to the mass deportation of 200 plus alleged Venezuelan gang members to El Salvador and indefinite imprisonment in a maximum security prison with a history of human rights abuses.

Compounding this mass injustice was Trump’s call to impeach the federal judge who ordered a stop to the illegal deportations, cancelation of flights, and return of flight already in the air. This judicial order — in reality invoking Habeas Corpus a legal right that goes back to the Magna Carta — was ignored. The government lawyers even had the audacity to claim that it was too late because flights were over international waters by the time the written order was received even though the judge had orally ordered the stop earlier in court to the lawyers. Ironically, the flights were over the Gulf of America. How symbolic of how low Trump has sunk.

Rep. Jim Jordan has already planned hearings regarding the judge’s legal rulings. Elon Musk made max donations to members of Congress friendly towards the idea of impeaching judges who rule against Trump.

This is what happens after years of right wing rhetoric turning migrants into criminals. We know nothing about these men because they were disappeared without due process, the right to counsel. They had become unworthy victims in the eyes of too many Americans. I get rights, you don’t. That is not how American works. I think someone famous once said, “You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but in righteousness shall you judge your neighbor.”

Of course Trump’s speech to the assembled staff of the Department of Justice where he rallied against the illegal press is of note. This attack on the press and free speech by a sitting President at the Justice Department is unprecedented.

Of additional note, is that government lawyers have determined that the Aliens Enemies Act permits government agents to enter homes without warrants. I presume under some Frankenstein interpretation of the ‘hot pursuit doctrine’ permitted by the Supreme Court. This determination would be in conflict with the bill of rights 4th Amendments protections from government intrusions and seizures without warrants. It suggests a government inching closer to declaring martial law.

I added a Friday Follies of all the sycophantic legislative bills introduced to kiss Trump’s derrière by fawning state and federal lawmakers. Got to have some sense of humor in this time. New entries to the benchmarks cumulative list of trespasses are in bold

For the full report please go to the menu and select Benchmarks. Thanks.