Tag: virginia

Supreme Mistake: Et Tu Roberts?

The Supreme Court last week gave a final, mortal blow to the Voting Rights Act of 1965.  Et tu Roberts. The Court’s majority opinion, penned by Justice Alito, argued that America has changed since the 1960s, that the racial animus predicating the denial of black and brown people from voting or having the chance to be represented in Congress, had magically evaporated.  

The Louisiana congressional district map, which was at the heart of this recent case, was therefore unconstitutional, according to six of the justices. Voting districts, per the Court could be gerrymandered to reflect political favoritism toward a political party but not race. To add insult to injury, the Court then granted Louisiana the immediate ability to change the map.  Normally, there is a month’s long grace period giving the losing side an opportunity to prepare arguments in lower courts before the ruling comes into effect. 

The central premise that America has changed is facile and flawed and misguided.  Yes, America has become a more pluralistic society, black and brown representation did increase since the late 1960s.  However, in many deep south states with large black and brown populations, white’s continue to be overrepresented in state houses and the House of Representatives.  It ignores repeated and continual attempts to disenfranchise black and brown voters through ostensibly race neutral laws.

On another level, the racial animus towards black and brown folks is as strong as ever.  Take Trump’s words that immigrants from ‘shit hole’ countries are polluting American blood, or that Haitians eat folks’ pets, or that Somalis are low IQ, or that non-white immigrants are destroying western civilization.  I don’t think these thoughts are outliers in MAGA world, or for that matter in the minds of some of the Supreme Court justices.  

A week before the riots in Charlottesville in August 2017, in which Heather Heyer was murdered and dozens more were injured when a white supremacist drove his car into peaceful protestors, I posted this essay. An essay about my community here in Louisa.  Given the Court’s decision last week, I believe the essay deserves a repost. I repost it in its entirety below followed by a brief postscript: 

Four ladies were sitting in a pie and coffee joint. In walk a priest, a rabbi, and an Imam. Naw, in walk my wife and I. What follows, disappointingly, is a true, but sad story. As we walk in the four women were playing bridge and conversationally engaged. As I ordered coffee and tea, a slice of rhubarb pie, and a muffin, at the counter my wife selected a table cattycorner from this bridge quartet, well within earshot, especially as they spoke in upturned voices.  

Given the closeness of the tables, it was impossible not to be encompassed in the conversation, even as detached, unwilling silent witnesses. Eavesdropping into the conversation mid-way found us somewhere in a conversation about church business followed quickly by a lamentation that a friend, who apparently was pictured in a Ku Klux Klan photograph, was being unfairly associated with the racism. “Guilt by association” chuckled one woman slightly. It was like walking into a Kafka soliloquy.  This tête-à-tête then veered onto the hot local subject of the removal of a confederate statue from a nearby university town. All expressed bitterness, with one speaking out loud for their little group, that it was a disgrace, that you “can’t change history.”   

She’s right, but apparently, she can’t fathom or acknowledge that the South’s history is more than about white heritage. Then, in a deeply submerged psychological association, the statue controversy was instantaneously linked to the public schools — think 1954 and Brown v. Board of Education declaring racial segregation unconstitutional – when one exclaimed in the next breath to mutual concord, that “We provide them with a free education” and if ‘they don’t take advantage of that, it isn’t our problem.’  Oh, that set me off. We and them. WE and THEM! That basically sums it up. At that point my wife shot me that ‘not now’ look with a little Mona Lisa smirk, part threat, part calm down. I mumbled aloud about walking into a ‘daughters of the confederacy’ meeting. 

My back was to this bridge playing klavern and I was facing out the pie shop’s picture window taking in the Mayberry-like main street, named of course Main Street. Across the street was the antebellum circuit courthouse, a little red brick jail stood off to the left of the courthouse. A statue of a confederate soldier stands a silent vigil; his gaze forever fixed towards the northeast watching over the town square and all who approach. Sheriff Andy Taylor or Atticus Finch may walk by if you close your eyes for a second.  This American circuit courthouse was a facilitator of slavery and racial oppression. No doubt, slaves seized from indebted planters were most likely sold just yards away. Wills that directed the selling off or gifting of slaves, breaking up families, were filed in that courthouse. I wondered too about the little jail and imagined whether slave traders, with their coffles of slaves heading down from Alexandria to Richmond, and then on to New Orleans, would bed down their walking inventory in the local jail overnight for a small fee.  

I am not sure the irony of their conversation juxtaposed so close to slavery’s ghosts was apparent to these card players. Nonetheless, the carefree and unguarded manner the conversation played out in a public space underscored, I think, the impulsive racist bigotry that pervades many American towns. It is as natural as breathing it seems. The fact that they spoke in raised voices like it was 1859 or 1955 leads me to believe these women intuitively assumed, that because my wife and I are white, we automatically subscribe to their philosophy. 

Shamefully, I sat mute, halfway between cowardice and rage, sipping tepid tea, but felt my anger and words would not change what has been etched in these women’s minds since before their mothers’ mothers were even born.  Their banter was wide ranging and not all about race. At some point one commented about CNN “yapping on” about the “Russia thing,” “brain washing of liberals,” and what to do about North Korea. On North Korea, at least, there was disagreement. While it isn’t fair to put all the white folks in this corner of the South into a box and label it “toxic bigots, handle with care” racism’s complexities remains deep in this part of the woods and the women playing bridge no doubt have already infested their children and grandchildren with their septic views of race, supremacy, and obligation.  At least the muffin was good, but the conversation left a bitter, sad after taste. 

On reflection, “WE and THEM” is at the heart of America’s political divide. It always has been. At its core is the fundamental question about “whose America is this?” America belongs to the descendants of African captives forced into generational slavery, the new African citizen, the fifth generation Mexican American, the Coptic Christian immigrant from Egypt, the Shia Muslim from Syria, the offspring of Puritan New Englanders, the Chinese Americans whose ancestors helped build America’s western railroads, native Americans. And yes, even the fearful daughters of the confederacy who indifferently sip the tepid tears of those lost to slavery while playing bridge, should have equal access to a piece of the American pie.

Post Script:  The Supreme Court made another decision antithetical to American democracy and misjudges the residual racial animus and antipathy still much alive in this country.  This decision highlights the need for every vote this November.  A democratic majority in the House and Senate will put a dead stop to Trump’s rule by decree.  The Senate will ensure no more supreme court justices appointed by Trump are confirmed should any retire or die during the last two years of Trump’s term. 

Interlude

Nature has a way of recharging and humbling you at the same time.  I find it is an antidote to modernity and algorithm driven lifestyles.  Mother Nature has no human designed algorithm, and I escaped to the forests of the Appalachia mountains for a brief interlude, a temporary fugitive, from the monetization of my body.

The morning was cool and the weather unsure. Clouds, hail, snow, rain, and sun raked over the ridge line and dove into the hollow.  The mountain side trail down to the river and falls was well-trodden, gnarly roots and sharp stones could catch an unwary foot.  It was clear from the incline the mountain was going to levy a toll on my body on the way back up.  One and half miles back to the start of the trail, with an elevation gain of nearly a thousand feet.

The falls were a disappointment; the clear mountain stream on the other hand offered lichen and moss-covered rocks, gentle drops and translucent pools.  The photography gods smiled upon me that morning, but the trail nymphs and spirits of the forest hiding behind oak trees and under pink and white petals of Trilliums would soon have their laughs.  

A mile into the hike up the mountain side, after some 800 feet of elevation gain, my legs were spent, my lungs on fire.  My body of three score and two years screamed to my brain, which thinks itself 25, “stop, please stop.”  My only thought was that if I die, I hoped my body is found before a black bear fresh from its winter sleep drags it into the hollow.  

My soul left my body at the last switchback and only returned when I arrived at the BBQ Exchange in Gordonsville.  It appeared in the form of a pulled pork sandwich and a cold Dr. Pepper.  Such was my interlude.

Spring Cleaning: Vote YES

Gardens have been used as metaphor for ages and even has a starring role in many religions. Many early modern political commentators invoked gardens, for instance, that democracy was a garden that needed tending to thrive.  And we know some gardens harbor snakes.

Tending my garden is a year’s long endeavor, but spring is my favorite time.  It’s a time of renewal and growth, bumblebee queens seek the brilliant yellow dandelion flowers — a critical food source – while perennials begin to poke their heads up.  Weeds start to reappear as well, like the dreaded bindweed.  You must get them early, ripping them out root and all, before the flowers turn to seeds.  However, as any gardener who has dealt with bindweed knows, it is a war of attrition.  

A noxious bindweed has invaded our government, and Congress is an untended garden, overrun with weeds and invasive species of autocracy, blocking out America’s native species of the rule of law, equal rights, and the doctrine of coequal branches of government.  It is time to weed Congress and relocate some of the slithering critters lurking in dark crevices.  Voting YES to redistrict Virginia’s congressional districts is one way.  Time is essential as the last day to vote is Tuesday, April 21.

I am imagining by now most registered voters in Virginian have voted in the referendum to draw new congressional district maps.  Tuesday is your last day to vote, so, if you have not yet voted, do so.  A YES vote is one for sanity and restoring our national social contract.  Ensuring that Congress stands up to and reins in a corrupt and malevolent president.  The current House of Representatives is a disaster.  For those in Central Virginia’s 5thCongressional District, this November we will have the opportunity to vote out Rep. John McGuire, a Trump vassal.  

If the disastrous war of choice against the Iranian people is not convincing enough, Trump’s self-appointment and deification as God’s prophet and latter-day Jesus, should get you across the finish line and vote YES.  

Redistricting Virginia is not my preferred course of action, but if I am to ever have a voice in Congress again, I feel strongly, redistricting is my only option at this time. I acknowledge the paradox of gerrymandering Virginia to elect more Democrats while arguing that democracy is in trouble. I get it. Trump’s direct order to Republican governed states to redistrict crossed a line, however.  Many states obeyed Trump.  An eye for an eye, right? Virginia Republicans have only themselves and Trump to blame.  You thought you “owned the libs.” But when you whack a hornets’ nest often enough…… You get my point. If you are angry at what the Democrats are doing in Virginia, write Trump at the White House and tell him he screwed you.    

You can tell this referendum has got the MAGA folks up in arms, almost literally.  Vote NO signs are more plentiful than dandelions in Louisa County.  When I was up in Northern Virginia a few weeks ago, there was a small rally at the intersection of Routes 29 and 50 in Fairfax at 9 AM on a weekday.  They were animated.  We need to respond with similar commitment and get the YES vote out.

In addition, the Republicans on-line and streaming ad campaign is desperate.  The latest version is a video that portrays Governor Spanberger as an arsonist burning down a barn; replete with sinister narration claiming the redistricting is a ruse to take away guns, impose higher taxes, and give welfare to illegal immigrants.  That last claim about welfare is usually made by a “Virginia Farmer” in a dead pan pitch. That is rich, given the billions of tax dollars flowing into farmers’ pockets to offset rising costs to operate farms due to Trump’s tariffs and his war against Iran.  They sense they are losing, I think.

Let’s work together and start tending the garden of democracy once again.  If you have not voted yet, please do so, and vote YES.

Onward Christian Soldiers: Trump’s War on Iran and Secular America.

In the year 1188 AD, both England and France imposed an income tax to help pay for the third Crusade.  It was called the Saladin Tax.  It was a first.  It was 10 percent.  Saladin was the general, the Sultan, who recaptured Jerusalem the year before, expelling Christan forces who ruled Jerusalem since the first crusade when a Christian army captured the holy city in 1099, butchering most inhabitants. 

Saladin captured the imagination of the West.  They even invented a European origin story for him; he was featured in western literature, to include in Dante’s inferno.  In 1920 when the French General Henri-Joseph-Eugene entered Damascus after the victorious allies divided up the Ottoman Empire amongst themselves – Mandates they called them – he visited Saladin’s tomb and allegedly said, “Mr. Sultan, we’ve returned to the Orient.” 

They drew new maps and new countries.  Syria and Lebanon came under French rule, Palestine and Transjordan went to the British empire.   Europe certainly did return and managed through their imperial hubris, ignorance, and contempt for the peoples of the region, set the stage for over a century of regional and global conflicts and wars over this land. To include Trump’s war with Iran

God, it seems, gets the both the blame and the glory.  Depending on who wins the day.

To listen to Secretary of Defense Hegseth, Trump’s war with Iran is a crusade.  He uses Christian imagery to portray American forces as soldiers of Christ.  His prayers ask that God and Christ guide American bombs, bullets, and missiles to kill evil enemies.  Onward Christian soldiers wearing God as his armor.  He stated that there would be no quarter.  The crusaders in Jerusalem in 1099 offered no quarter.  Man, woman, child, struck down by sword and axes guided by Jesus and God.  

That notion of chivalry and God died on the fields of Flander, the Somme, and Ypres hundreds of years later.

Unfortunately, Hegseth is not an outlier in Trump’s world.  The White House increasingly compares Trump to Jesus, betrayed, and arrested.  At a recent private Easter event, Trump’s spiritual advisor Pastor Paula White-Cain compared the experiences of Christ’s crucifixion to Trump’s legal troubles, you know sexually assaulting a woman in a department store dressing room or paying off a porn star to keep silent about an affair.  Although I think she must have forgotten about these secular trials.  I too see Trump and Jesus in the same thought, every time he opens his mouth or posts on Truth Social, I say, “Jesus Christ, what the fuck did that idiot just say.”

It is not new in our history for American leaders to invoke God, especially after great tragedies or wars or other calamities.  America’s sense of its exceptionalism is deeply rooted in God. That shiny city on a hill.  It is new, however, for an American president to lay claim to divinity.  The Beatles were crucified, pun intended, when they claimed they were more popular than Jesus during a radio interview.

Trump is deliberately, cynically I think, erasing the line between him and Jesus.  Many of his adherents are in lock step with him, nonetheless.  For Trump to claim divine rule requires not only breaking down, but utterly demolishing, the wall between state and church.

Our country has a long history of keeping religion out of state and keeping the state out of religion.  For good reason as we can see by Trump’s insane comparison to Jesus. The Constitution does not mention “God.”  Not even the oath of office for president mentions God.  When asked why God did not appear in the Constitution, Alexander Hamilton famously quipped, “We forgot” or “We don’t need any foreign help.”  Whether these were apocryphal response, I don’t know, but they have a ring of authenticity.

In 1777, while a Delegate to Virginia’s General Assembly, Thomas Jefferson submitted a statute for Religious Freedom.  It was shelved given opposition from the still powerful Anglican Church members. That bill lay dormant of over a decade and was resurrected by James Madison in 1785 after Patrick Henry submitted a bill a year earlier calling for a tax to pay ministers of the Christian religion.  

In response to Henry’s bill, Madison wrote a Memorial and Remonstrance against the assessment.  In it he warned that the state should not support any religion.  That belief in God was between a man and his creator, that the state had no business interfering with such relationship.  He warned that once you support Christian ministers, what will stop a particular sect within Christianity from assuming dominance over the others.  Henry’s bill did not pass.

Virginia’s Baptists supported Madison’s Remonstrance and the Religious Freedom bill.  They had suffered heavily from Anglican Church violence in the 18th Century, especially during the Virginia’s Great Awakening in the 1740s.  Itinerant Baptist ministers were whipped or jailed and driven out of counties. Sadly, many Baptists today who support destroying the barrier between church and state have forgotten that history.

He was right.  In Texas, which provides tax dollars to both secular and religious charter schools, Islamic charter schools requesting public funding are being denied funding, claims leveled about terrorism.  Bashing Muslims has become sport in Texas amongst those Republicans running for office.  A proposed public school reading list contains the bible, but not the Koran.

In addition to the Remonstrance, Madison also resubmitted Jefferson’s decade old bill to Virginia’s General Assembly.  It passed.  Both Madison’s Remonstrance and Jefferson’s bill for Religious Freedom should be required reading.  Both argue that God doesn’t need the State:

“That Almighty God hath created the mind free, and manifested his supreme will that free it shall remain by making it altogether insusceptible of restraint; that all attempts to influence it by temporal punishments, or burthens, or by civil incapacitation, tend only to beget habits of hypocrisy and meanness….”  Adding, “not to propagating it by coercion …but extend it by its influence on reason alone.” 

What became the first amendment to the constitution, written by Madison, were born in Madison’s Remonstrance and Jefferson’s Statute for Religious Freedom (1786).  It clearly articulates that the government  could not establish a state religion or prohibit the free exercise thereof.  A careful balance.  

In 1802, President Jefferson, in a famous letter to the ‘Danbury Baptists,’ wrote that the 1st Amendment built a “wall of separation between Church and State.”  While Jefferson had no direct hand in the writing of the Constitution — he was the American Ambassador to France during the constitutional convention, and was not in Congress when the propositions were submitted by Madison which became the Bill of Rights — he and Madison regularly corresponded, explaining their thoughts and ideas of government and the constitution.  

This separation of church and state, this wall, has informed the liberal American experiment that in a healthy democracy the role of religion and the role of government are better kept distant and respectful. 

That arrangement worked spectacularly.  Religion thrives in America because of this wall of separation.  It is a paradox then that America aims to finish off a despotic theocratic state in Iran while planting the very seeds of a despotic right wing white nationalist Christian theocratic state in America.  

MAGA voices like Gladden Pappin – who claims the Pope will appoint Melania as queen – and Rod Dreher want American to go back to the Middle Ages, where the church held power, where the Bible was the law of the land. They hate and despise the enlightenment and liberal ideals of democracy, human rights, and the freedom to enjoy a personal relationship with God, without government surveillance and dictate.

The conspicuous and dangerous allusions to Trump, God, and Christ in prosecuting Trump’s war against Iran are anathema to America’s founding ideals and over 250 years of history.  God help us all.

No Kings Rally Louisa, Virginia

Small town America. Louisa residents rallied at the county courthouse April 28, 2026. A good showing in a deeply red rural county on a crisp spring day. A spirited and exuberant assembly of the young, the old, veterans, …. A diversity of voices. There were two Trump counterprotestors, one of whom loudly claimed that Trump was “his King.”

Remember to vote YES before April 21.

The Iran War Tax on Virginia Farmers

Virginias farmers are once again being sacrificed on Trump’s altar of stupidity and foolishness.  His Noble Great Mightiness’s war has already cost the lives of thousands in the Middle East, 13 of which are American service men and women.  In treasure every week, the war costs American taxpayers tens of billions of dollars.  Americans are also paying at the gas pumps and in grocery stores.  The defense department just presented a $200 billion reapers bill to Congress.  

Virginia’s farmers will pay additional costs as well. Not only in the rising costs of fuel and fertilizer but in sons and daughters.  Rural Americans are overrepresented in our armed forces.  Close to 45 percent of those in uniform come from counties like Louisa.

Didn’t Trump know it’s planting season.  Virginia farmers must decide what to plant this year.  Corn or soy or both.  Decisions about spending capital on new equipment must be made as well.  The soil must be tilled, the land prepped for seed. Yet, uncertainty abounds because of the war.  The confused and contradictory messages coming from the administration are unhelpful as to the war’s objectives, and most importantly, its end point. The feeds the uncertainty for farmers across Virginia and the nation.  It seems that while Iran is losing the war militarily, it is winning the war politically, strategically.  Hope and hubris are not war plans.

While this administration postures and dithers and twirls about like whirling dervishers, the supply of nitrates for fertilizer remains plugged up in the Persian Gulf, unable to make the passage through the Strait of Hormuz, that strategic strait of water on Iran’s southern shores.  Fertilizer prices have jumped as a result, on average about 20 percent.  It will take months to fix the fertilizer supply chain disruption caused by Trump’s chaotic war.  

Even if the war should end today, perhaps it’s too late for the farmers who need to make purchases now, or bet wrong earlier.  Soy doesn’t need nitrated based fertilizers, corn does.  Farmers may not take the risk of planting corn and go with soy instead.  That, however, will create a surplus of soy, thus lowering the price per bushel.  Can’t win either way.

That’s not all, because of this questionable war of choice, Trump cancelled his state visit with Xi of China.  China is the largest importer of soy in the world and last year not one American grown soybean was bought by China in retaliation for Trump’s punitive, and in some instances illegal, tariffs.  Virginia farmers lost tens if not hundreds of millions of dollars in exports because of Trump’s actions.  Virginia exports over a billion dollars’ worth of farm products to China. Not anymore. The announcement of the cancelled meeting caused the price of soy to drop.

It’s pain at the gas pumps.  We’ve all been to the gas station and noted the rise of gas and diesel prices.  Not fun paying $3.99 a gallon for gas and over $5 for diesel. They won’t be going down anytime soon.  Not with the Strait of Hormuz closed for the indefinite future and Trump threatening to put boots on Iranian ground.  

I did some research on what it cost in gas or diesel to plant and grow corn and soy, from seed to market.  Purdue University has some pretty good charts and tables that show the costs at each step of farming those crops.  There are at least 14 phases, I learned, taken in sequence to prepare the ground, plant the seeds, weed the fields, harvest the crops, and get them to market.  Most require tractors or combines or other farm vehicles.  

Basically, according to these Purdue University tables, to plant 300 acres or corn and 300 acres of soy, a farmer would use approximately 3655 gallons of fuel.  Broken down per acre, that would be $5.94 gallons per acre.  Of course there are variables like soil conditions, age of equipment, etc, that determine individual costs.  Diesel now cost about $5.59 per gallon (I didn’t deduct the taxes farmers are exempted from).  That comes out to almost $20,000 in diesel costs.  In prewar prices, it comes out to almost $13,000.  That’s a seven-thousand-dollar war tax on Virginia farmers.  Yes, it is a war tax. 

Did not Trump, his Noble Great Mightiness, this genius of all things, not see this coming?  And his equally impressive “We negotiate with bombs” Secretary of War, did he not see the potential consequences of the closure of the Strait of Hormuz?  Fools, the lot of them.

Because of Trump’s strategic failures, Virginia’s farmers are left with footing the bill for higher fertilizer costs, collapsing soy markets, and staggeringly high fuel costs at a critical time in the planting season.  

How long can Virginia’s farmers survive with this type of love from Trump? Blind obedience he demands.  ‘Suck it up,’ he says; ‘be patriotic,’ he says; ‘it’s only temporary pain,’ he says. Last year Trump authorized the payment of $30 billion in farmer bailouts because of his tariff fiasco.  This year he is already demanding that Congress pass a farm bill, immediately. He’s turning farmers into bailout junkies.

Another bailout is coming, a bribe to his “Farmers for Trump” tribe.  He thinks he can buy their silence and acquiescence.  He’s right it appears, but some are starting to see the light, it seems.  Not only is he bankrupting hard working farmers, he’s also sending many of their sons and daughters into harms way.  His uber patriotic sons and daughters never deigned to serve.  Hell, they wouldn’t be caught dead in uniform.  Barron isn’t running down to the recruiting station.  No, he was just named to the board of directors of a new company.  Another Nepo baby enriching himself and missing the wars, while our kids fight the wars. 

Are We Still a Democracy?

Are we still a democracy? I think that is a good question and not one asked hyperbolically or in the ‘sky is falling’ moment of hysteria or panic. Serious people are asking that question and the answers may not be to your liking. I struggle that I even have to ask that question, but one must in today’s America. A demagogue rules America by fiat and edict. Two reports offer a snap shot of the health of America’s democracy. You be the judge.

This past November the Charles F. Kettering Foundation published a report on Americans attitudes towards democracy.  This report was done in conjunction with Gallup, a respected polling organization.  

Their conclusion was, that overall, Americans were committed to democracy, but with clearly defined differences in how one’s age defines how one perceives democracy as an ideal and how one’s economic circumstances impact perceptions of democracy’s effectiveness in solving problems.  

If you are over 65 democracy is super.  A robust 80 percent are strongly committed to democracy.  If you are under 29 not so much.  Only about 53 percent say that democracy is the best form of government. Economics also played a role in how one perceived democracy is performing.  If you are ‘living comfortably’ about a third gave democracy a thumbs up.  Those who say it is ‘very difficult to get by’ only 12 percent give democracy a thumbs up.  For those that ‘feel disconnected from their communities’ or question their status in society are likely to question democracy’s ‘value and performance.’

In another report recently released, researchers at a Swedish University published a report on the global health of democracy.  Their tenth annual report.  According to the V-DEM Institute website, the report is an analysis of “….the largest global dataset on democracy with over 32 million data points for 202 countries and territories from 1789 to 2025.  The report involves over four thousand scholars and other country experts and measures over 600 different attributes of democracy.” Go to the this link to read the report: https://www.v-dem.net/documents/75/V-Dem_Institute_Democracy_Report_2026_lowres.pdf)

It does not look good for the world, much less the United States.  Devoting an entire section of the annual report, the authors addressed democratic backsliding in the United States. They conclude that the United States is no longer a liberal (small l liberal) democracy, primarily because of the unprecedented and rapid concentration and accumulation of power in the presidency and the dismantling of our constitutional checks and balances.  I think they are right. They also conclude that America’s fall from democracy to autocracy was done in record time.  Faster than both Turkey’s and Hungary’s slip into the autocratic abyss. In a rank ordered list of 179 countries for strength of democratic values and norms, America has slipped to 51st.  Yeah, make America great again.

So, it appears most Americans still believe in the great experiment called democracy, but, paradoxically, a majority do not believe democracy is working in America.  

Given the K-shaped economy, where wealth inequality continues to grow rapidly in America, it is no surprise that Americans tend to be skeptical of democracy, but strangely unskeptical of unrestrained capitalism.  Democracy doesn’t make one unequal, capitalism does. One should not conflate an economic system (capitalism) with a political system (democracy).  That’s not to say, however, that they are mutually exclusive; one should try to understand them as interacting spheres of power.  Our democratic decline is a reflection of America’s broken political economy.

The Kettering Foundation report does to some extent explain why many Americans, it seems, are indifferent to the collapse of American democracy. The V-DEM institute report shows the result of that indifference in hard numbers, at least at the federal level.

Where are we then as a country?  And where do we go from here?

At a federal level, yes, I think we are no longer a democracy.  Our system has collapsed.  Trump’s war in Iran is an example of our spectacular fall from a constitutional system of checks and balances to complete and utter deference to Trump by Congress.  Only an absolute monarch takes their country to war without consulting the people.  That is exactly what Trump did, and Congress cowered like the spineless shits they are.

The courts are still functioning as defined but has no ability to enforce its decisions.  These court decisions are theoretically enforced by the executive department, a department that in many instances has given the Court’s the middle finger. As such, Trump’s threat to take over the mid-term elections and challenge the results should be taken at full face value.  

At the state level, at least in Virginia, we still are a democracy.  Some states like Texas, Oklahoma, and Florida are authoritarian regimes, by my estimates.  Wrecking the barriers that separate church and state, restricting women’s rights, demanding schools teach white heritage and not real history, imposing voting barriers such as a de facto poll taxes (getting a passport for instance, which costs a couple hundred dollars), restricting and banning books, to list a few.

The question then becomes not only about democracy, but whether our social contract as a united country can survive, or is it in terminal decline?  Is it possible for America to remain a federation of united states, some liberal democracies while others theocratic autocracies? A king like president punishing states and rewarding others?

Fundamentally, and I acknowledge this, our perceived health of our democracy seems to be defined by where one is standing in the political spectrum. Some think Trump hasn’t gone far enough while others think he is gone way to far; many others just want to pay for gas and feed their family. It’s complex, it’s fluid, it’s uncertain. Our crisis of democracy, I think is a crisis of identity. It’s about whose America this is and whether democracy is the solution, or as some argue, the problem?

Break Glass in Emergency: Vote Yes by April 21 in Virginia’s Redistricting Referendum

If things were normal, which they are not, I would oppose returning the drawing of Virginia’s congressional district maps back to the state’s legislature, even temporarily.  America is in deep trouble, however. Democracy is in retreat; the country is ruled by decree out of the White House. Congress sits mute.  A President ruling from his gold encrusted throne threatens to “nationalize” the elections and seems indifferent to his paramilitary police brutalizing communities and shooting and killing citizens.

The Constitution – our written social contract as to how the government is organized and how power is shared – is shredded day-by-day by Trump.  Our representative in the 5th District, John McGuire just voted for the Save Act to make it harder for Americans to vote and agrees with Trump’s call for Republicans to nationalize the vote, or at the least, has not repudiated Trump’s demand.  He thinks he works for Trump and not we the people of his district.  It is time to fight back, it is time to b break the glass because there is a constitutional emergency.

The fastest and best way to check Trump’s unchecked power is by electing Democrats to the House of Representatives – the people’s house – and the senate.  Sensing a coming defeat this November and a loss of a Republican majority in the House of Representatives, Trump demanded that red states redraw their congressional districts, immediately.  If you can’t win fair and square, cheat, lie, and steal is this administration’s mantra.

Texas obliged instantly, without consulting their people.  Another example of rule by dictate far too common in red states.  At least the people of California had a choice whether to redistrict (they voted ‘yes’ this past November).  We the people of Virginia will have our chance to give voice to whether we redistrict.  That vote is April 21.  Early voting starts March 3.   

Democrats did not ask for this redistricting fight, but Trump threw down the gauntlet.  We the people of Virginia must take drastic steps to reclaim sovereignty or lose our democracy to one-party rule and dictatorship. 

Vote YES to temporarily redistrict Virginia’s congressional seats.  

For those constitutional law geeks like me, below are some Frequently Asked Question:

How many other states are redistricting (or counter redistricting) based on Trump’s outrageous demand?

According to the National Conference of State Legislatures, five states have already redistricted (Missouri, North Carolina, Ohio, Texas, California); A number of states have introduced legislation to redistrict (Maryland, South Carolina, Washington, and Virginia):  Florida is in the process of adopting legislation with additional states contemplating redistricting, but awaiting state court decisions (Alabama, Louisiana, North Dakota, and Wisconsin).  Other states have already moved forward and many plan to do so.  Indiana rejected Trump’s redistricting demand.

Why does Virginia need a vote on whether to redistrict its congressional districts?

In November 2020, Virginians voted overwhelming (66 percent) to amend the state’s constitution to appoint a 16-member bipartisan commission to draw Virginia’s congressional districts.  Virginia is one of about a dozen states that have independent commissions to draw congressional maps.  A majority (29) still permit their state legislatures to draw congressional districts.  The referendum vote in April is the only constitutionally sanctioned method to temporarily amend our state constitution so that the Generally Assembly can redraw Virginia’s congressional districts.  

Why hasn’t the Supreme Court ruled that partisan redistricting is unconstitutional?

They did rule, by not ruling.  They took the easy way out and said it was out of their hands, that there were no ‘judicially discoverable’ or ‘manageable standards’ to adjudicate claims of unconstitutionally drawn districts, with one exception, drawing districts to favor white voters (e.g., diluting concentrations of black or brown voices into majority white districts).

A brief recent history:  In 1986, the Supreme Court ruled that the federal courts could hear challenges to how congressional districts were drawn, however, the court offered no standards.  Some years later in 2004, the Supreme Court ruled there were no “judicially discoverable or manageable standards.”  The conservative court inches it way toward legalizing partisan gerrymandering.

In 2019, in Rucho v. Common Cause, the Supreme court ruled that federal courts could not hear claims of partisan gerrymandering because they – the court — could not articulate any standard by which to judge partisan gerrymandering.  Out of very thin air, they could invent the legal fiction that President Trump is immune from crimes committed for official acts, but these Harvard and Yale legal brains are damned clueless as to how to fix the scourge of gerrymandering.  This legal punt basically legalizes partisan gerrymandering no matter how egregious, at least at the federal court level.  State courts can still hear cases, nonetheless.

To make matters worse, the Rucho decision gave states a “partisan” get-out-of- constitutional jail card for race-based gerrymandering.  In 2024, South Carolina drew racially gerrymandered congressional districts.  The South Carolina NAACP sued.  South Carolian argued it was not racial gerrymandering, but ‘partisan’ gerrymandering.  In a 6 to 3 decision, the Supreme Court agreed with South Carolina and let the racially drawn maps stand.

After Texas redrew its congressional districts after Trump requested it do so, The League of United Latin American Citizens sued.  A federal district court, after 9 days of testimony and review of thousands of documents, concluded that Texas illegally redrew the congressional districts based on race.  In a shadow docket ruling, however, the Supreme Court, overturned the district court and said Texas could use the newly drawn maps.  

The reasons given by the Supreme Court’s were: 1) The District Court failed to “honor the presumption of legislative good faith;” 2) The District Court did not produce a viable alternative map; 3) It was too close to the election to redraw the redrawn congressional maps.   My only response:  What the fuck!  I did not know there was a ‘legislative good faith’ exemption to unconstitutional laws.

So, there you have it.  Go out and vote. And vote Yes.  

“Guards of this Kind:” A Brief History of the Original Intent of Madison’s Second Amendment.

New York Times Reporter: “Do you see any checks on your power….”

Donald Trump:  “Yeah, there is one thing.  My own morality.  My own mind.  It’s the only thing that can stop me.”

No Mr. President, we the people can stop you.

What is happening in America is not normal.   When a president sitting in the White House, stewing in his own grievances and thirst for vengeance and proclivity to spectacle, says he is only bound by his “morality,” we as a nation are in deep trouble.  As is the world.

I know this essay’s title may make some folks uncomfortable, but please bear with me (yes, a pun). I am self-aware enough to understand that invoking the Second Amendment can be provocative. I struggled while writing this essay on a number of levels. First, is that it even had to be written. Given the words and actions of Trump, I feel it is necessary. On another level, I don’t want to be interpreted as calling for armed revolt. I do not want that. That would be insane.

My whole adult life was living, working, or traveling to conflict and war zones, failed and failing states, police states. I know that option to be unacceptable. On a third level, I feel too many Americans are indifferent or distracted or worn. down and just don’t give a shit, that only some people are impacted and they will never by touched. Inevitably, in a dictatorship, even it you agree with the dictator now, you will be touched and your soul will be crushed eventually as you tire of being told what to watch, what to read, and what to think. Because you are reading this, you know I hit the publish button.

I want to lay out my thoughts on the limits of power of the central government and what States can do once Trump and federal government blows past those limits.  The origin and intent of the Second Amendment figures prominently in any discourse about how to create “guards” to a tyrannical central government.

Blue states continue to get pounded by the Trump administration.  It routinely withholds funds from blue states as punishment for resisting his policies.  Incongruously, it is the blue states that provide most tax raised monies to the federal government, with red states getting more federal tax dollars in terms of spending than they actually put in. In essence, Trump is super charging the transfer of wealth from blue to red states.  Oh, the irony.

Trump targets blue states and cities with mass deployments of militarized immigration agents as punishment for deigning to treat migrants as human beings.  As the result of protests against these deployments, Trump federalized and deployed national guard units without traditional requests from state governors, and in all instances in blue states, against the wishes of the governor and the majority of the state’s peoples, to quell, he alleges, widespread violence, but we know it is to smother the people’s voices.  

Now he is deploying hundreds of additional Homeland Security agents to investigate alleged fraud in Minnesota’s social safety net programs, according to DHS’s secretary.  A calculated and chilling response to the protests over the killing of a woman by an ICE agent and the states demand to be included in the investigation of the homicide of Renee Good.  Incongruously, Trump condemns the death of protestors in Iran, but claims an American protestor shot and killed by an ICE agent was a domestic terrorist, and, intoned, deserved to die.  

Hey, Ayatollah in Iran.  News Flash:  Just rebrand Iranian protestors as deranged left wing domestic terrorists.  Then you are good to go.

This is what despots do.  They flood the streets with thugs and faceless paramilitaries and then sanction investigations to cover up murders. Nazis Germany’s Brown Shirts of the past are being reborn as combat fatigue wearing ICE agents.

This is what he will do to Virginia now that we will have a democratic governor and a state legislature controlled by democrats.  Expect payback with canceled programs, stopped federal grants, and deployments of Homeland Security agents to intimidate citizens.

The ability of a state to resist a tyrannical central government is how the Second Amendment was born.

What became the Second Amendment was not intended as an individual right to bear arms but a collective right of a state to bear arms to maintain its’ citizens inalienable rights.  Lord Dunmore, the English Governor of Virginia’s, attempt to seize the militias’ arms in Williamsburg, Virginia, at the outset of America’s first civil war was still fresh in the mind of the founding generation.  

It never crossed the minds of folks back then that the constitution needed to enumerate the right to own firearms for defense or hunting at the federal level.  Gun ownership – mostly muskets — was so ubiquitous and a traditional right in the colonies that enumerating the right would be ridiculous.  States had the right to regulate firearms and did so, most notably restricting possession primarily to whites.  

The Second Amendment was intended as a state’s right to maintain armed militias for their defense against a tyrannical central government.  It was a meant as bulwark of self defense against a large standing Army used by the central government to impose its will on a state or states. If you follow how the language of the amendment changed and unfolded, I think one can get a sense of what the intent was and how the amendment was seen and understood within a broader conception of constitutionalism, tradition, common law, and gun possession in the early republic.

On June 8, 1789, James Madison introduced nine propositions or resolutions for amending the Constitution. From these propositions the House of Representatives would derive 17 amendments, of which, ten would eventually become the Bill of Rights. Way down the list, buried in proposition four, after statements about religious freedom, freedom of speech and press, the right to peaceable assembly and petitioning for redressing of grievances, Madison, proposed what would become the second amendment.

The Annals of Congress contains the record of the running debates surrounding the amendments to the Constitution and reflect contemporaneous conceptions of the meanings of these amendments, and how they changed over the debates. Madison, borrowing from the other state constitutions and even the 1689 English Bill of Rights, proposed the following language regarding the right to bear arms (House Records, pp. 451-452):

“The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.”

Madison’s propositions did not gain much traction in Congress. Members of Congress were more concerned with the mechanics of setting up a functioning government. The debates preceding and surrounding the discussions on the proposed amendments centered on funding mechanisms and structure of the various executive departments being contemplated. Madison nonetheless persisted, and on July 21 requested further consideration of the amendments. After “desultory” conversation on the amendments, they were referred to a committee of eleven, which included Madison.

Just short of a month later, the committee of eleven finished their work on the proposed amendments and presented them to the House of Representatives on August 17. Madison’s language on bearing arms was revised and read:

“A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed; but no person religiously scrupulous shall be compelled to bear arms (House Records, p.778)

Eldridge Gerry of Massachusetts, a veteran of the constitutional convention in Philadelphia in 1787, and who was one of three delegates who refused to sign the Constitution at the end of the convention, led the debate regarding the amendment to bear arms. His remarks are crucial, I think to understanding, the intent of this amendment. He states:

“This declaration of rights, I take it, is intended to secure the people against the mal-administration of the Government; if we could suppose that, in all cases, the rights of the people would be attended to, the occasion for guards of this kind would be removed (p. 778).”

Not one person during the debate contradicted or challenged Gerry’s assertion, which seems to state that the ability to keep and bear arms referred to the people’s ability to form militias as a collective defense against a tyrannical central government. The remainder of the debate that day on this amendment surrounded primarily the question of religious scruples and service in the militia.

After more “desultory” (I love that word) conversation, 17 proposed amendments to the Constitution were sent to the Senate on August 24. The bearing arms amendment was number 5 and read after some minor tweaking (Senate record, pp. 63-64):

“A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.”

On September 4, the senate, whose records of debate are not as detailed as the House’s records of debate, showed that senators objected to a number of the amendments, but without comment as to why. “On the motion to adopt the fifth article of the amendments proposed by the House of Representatives, amended to read as followeth: ‘a well regulated militia, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed:’ It passed in the affirmative” (Senate Record, p. 71).

So, there you have it, a brief but spectacular history of the origin of the Second Amendment.

Trump’s advisor Stephen Miller’s call to abandon America’s social contract and resort to a ‘state of nature’ where brute force is the first and only response should scare the shit out Americans.  This new dogma of ‘power, strength, and violence’ will fundamentally rewrite the world order but also crush America’s social contract between the people and the government:  the annihilation of the separation of powers, the demise of a democratic central government, and the eradication of shared sovereignty between the states and the central government.  That, good reader, is why we have “guards of this kind,” the Second Amendment. 

Let me be clear, I am not calling for armed revolt or violence against our central government or secession, I still believe in the vote and the power of the American people to reign in Trump.  But as Congress and the Supreme Court not only fail to curtail Trump’s excesses, and in fact enable him, what are the people to do?  

States are the peoples last bulwark against Trump and a despotic central government.  A new pposition is rising, however.   Not from spineless democratic leaders like Schumer, but from Republicans.  Republican Senators that voted to restrain Trump’s war powers received threatening profanity laced phone calls by Trump.  A sign he is losing control and trying to bully folks back into line.

What I ask is that our new, incoming governor, think long and hard about how to deal with an increasingly authoritarian and despotic central government that continues to ratchet up the level of violence against the people in targeted states and cities – maladministration as Eldridge Gerry put it.  The governor needs to develop contingency plans on when and how to resist, to include using the National Guard to defend our natural and inalienable rights as a free people of Virginia.  

It seems to me America cannot long remain a nation if Trump puts his boot on the neck of blue states while red states happily bend the knee to the tyrant in the White House. Time to mobilize once again, stay engaged, and get family and friends to vote this November.

AP News Release: Christmas Close to Cancellation

Yes, Virginia, Christmas could be cancelled this year.  

The AP, that is the Arctic Press News Service, is reporting that Santa Claus may have to cancel Christmas in America this year. According to elf sources within Santa’s North Pole secretive Headquarters, the office responsible for obtaining all of Santa’s travel visas to enter countries around the world has yet to obtain a U.S. entry Visa. 

Delays mount as Mr. Claus, according to one elfian source, must submit decades worth of social media posts. Santa’s repeated travels to such shit hole countries such as Somalia, Nigeria, and South Africa have also raised suspicions by terrorism experts Moe, Larry, and Curly at Homeland Security’s Office of North Pole Counter Terrorism (ONPCT) along with his use of multiple aliases, according to the same source.  

Although, the Department of State’s press office said if Santa was travelling to see Afrikaners in South Africa, that was acceptable.  They also denied Trump demanded Santa buy $10 million in Trump family bitcoin memes before being issued a visa.  

Those familiar with negotiations between Santa and the Department of State, report that the Secretary is demanding that only American children receive gifts, and children born to non-U.S. parents must not receive presents; that Santa must provide a list of the immigration status of all children that receive presents as proof. Santa continues to refuse these demands, it is said.

Moreover, The Secretary apparently ordered his staff to check Santa’s social media posts twice, and said, it is reported, that he won’t let a ‘woke’ Santa Claus travel to the United States or its territories.

Further mudding Santa’s travel plans to America; the Secretary of Homeland Security is reported to have formed an anti-Santa ICE task force group in what has been dubbed ‘Operation Clear and Present Danger,’ according to transcripts of a leaked cabinet meeting video.   The Secretary adding, that ‘if that red suited red baiting groomer of young children lands’ in America he’s going to end up being deported to an El Salvadoran prison.  “No Habeas Corpus for that woke Mother F*#@r.’

Additionally, the Secretary of War, per a leaked Signal Chat, declared during a situation room meeting after ordering new death squad strikes on more Venezuelans, that ‘if that Tre de Aragua terrorist Santa crossed into Venezuelan airspace he will be ‘swimming with the fishes’ and any surviving reindeer ‘would be hit with a second strike.’  A short video attached to the leaked Signal chat appeared to show a ‘Franklin the Turtle’ coloring book next to the Secretary, who doodled with crayons while an admiral briefed in the background.

Furthermore, in a deleted segment of a recent 60-minutes interview obtained by the AP, Trump is reported to have said that he isn’t on Santa’s List, and that he never knew Santa or travelled to the North Pole on his sleigh or engaged in inappropriate relationships with underage elf.  

Trump even indicated his desire to annex the North Pole, saying, ‘they love me there, they really do.’  ‘I am really popular among the Elves,’ adding, ‘I would have been elected Santa Clause but the election was stolen by dirty, sleepy, fatso Kris Kringle.’  ‘His wife’s nice,’ he continued, ‘but not my type.’ ‘Once she said I was a sore loser, it told her quiet, quiet piggy.’  He even teased renaming the North Pole, Trumplandia and changing Christmas to Trumpmas.

To complicate things even more, Trump secretly imposed a 2000 percent tariff on all presents brought into America manufactured in North Pole workshops, per a leaked confidential White House decision paper last spring.  Santa’s Office of Legal Counsel — the Office of Legal Clause — filed suit – in a rare writ of dies natalis Christi — challenging what it termed punitive and ‘illegal tariffs’ in June, but the Supreme Court, in a shadow docket ruling issued at three this morning sided with Trump, overturning an appeals court ruling to stay the tariffs until December 26.

Merry Christmas America.