GOP: Laws Do Not Apply To POTUS Trump

Where in America can you, I, or anyone, go to be immune from the law?

It’s a “trick question,” or… is it?

And yes, it’s a VERY serious question; in fact, it is an argument of which – believe it, or not – Federal Appeals Court Judges are considering the merits.

POTUS John Adams (1735-1826) c.1800-1815, painting by Gilbert Stuart (175-1828)

One simply can’t imagine the notion – that in our nation, a nation of laws, and not of men, that anyone could be above the law – and yet… here we are.

In February 1775, John Adams published a collection of essays entitled “Novanglus” – popularly known as the Novanglus Essays – where the idea that foundling nation which became “The United States of America” was a nation of laws, and not of men – was first known to be expressed.

James Harrington, oil on canvas, feigned oval, circa 1635, on display at Gawthorpe Hall, Burnley

Historians argue that the idea, or thought, was almost certainly derived from James Harrington (1611-1677), an English political philosopher, whose most renown work, “The Commonwealth of Oceana” (1656) was owned by Adams (3rd edition-1747), contains his signature on the title page, and is found in The John Adams Library of Boston Public Library, and may found online here:
https://archive.org/details/oceanaotherworks00harr/page/n5

On page 38 of the work, in the essay entitled “Oceana,” Harrington wrote in part that,

“Government, according to the Ancients, and their learned Disciple Machiavelli, the only Politician of later Ages is of three kinds: The Government of One Man, or of the Better Sort, or of the Whole People: which by their more learned names are called Monarchy, Aristocracy, and Democracy. These they hold, though their proponents to degenerate, to be all evil. For whereas they that govern, should govern according to Reason, if they govern according to Passion, they do that which they should not do. Wherefore as Reason and Passion are two things, so Government by Reason is one thing, and the corruption of Government by Passion is another thing, but not always another Government: as a Body that is alive is one thing, and a Body that is dead is another thing, but not always another Creature, though the corruption of one comes at length to be the Generation of another. The Corruption then of Monarchy is called Tyranny; that of Aristocracy, Oligarchy; and that of Democracy, Anarchy. But Legislators having found these three Governments at the best to be naught, have invented another consisting of a mixture of them all, which only is good. This is the Doctrine of the Ancients.”

So it seems almost certain that Adams derived that idea from James Harrington, but it was Adams’s use of the phrase which popularized it. Of note, Adams also wrote the clause “government of laws, and not of men” in the Declaration of Rights drafted for the Massachusetts Constitution in 1780.

Continuing…

In pertinent part, Adams wrote in Novanglus Essay No. VII, that,

“If Aristotle, Livy, and Harrington knew what a republic was,
the British constitution is much more like a republic than an empire.
They define a republic to be a government of laws, and not of men. [emphasis added]
If this definition be just,
the British constitution is nothing more nor less than a republic,
in which the king is first magistrate.
This office being hereditary,
and being possessed of such ample and splendid prerogatives,
is no objection to the government’s being a republic,
as long as it is bound by fixed laws,
which the people have a voice in making,
and a right to defend.
An empire is a despotism,
and an emperor a despot,
bound by no law or limitation but his own will;
it is a stretch of tyranny beyond absolute monarchy.
For,
although the will of an absolute monarch is law,
yet his edicts must be registered by parliaments.
Even this formality is not necessary in an empire.
There the maxim is quod principi placuit legis habet rigorem,
even without having that will and pleasure recorded.
There are but three empires now in Europe,
the German or Holy Roman,
the Russian,
and the Ottoman.”

George Santayana

The aphorism written in 1905 by philosopher/author George Santayana in The Life of Reason, vol. 1: Reason in Common Sense, seems apropos here:

“Those who cannot remember the past
are condemned to repeat it.”

And so, that begs the question…

How could we have possibly gotten to this so very corrupted point?

Samuel Johnson

Again, let the words of the wise guide us, because when ideas or thoughts are repeated, it re-emphasizes their importance.

Renown lexicographer Samuel Johnson (1709–84) expressed that idea as much in Rambler No. 2 (24 March 1750) when he wrote in part that,

“Men more frequently require to be reminded than informed.”

It is of unimaginable necessity that it is incumbent upon us to recollect this saying made by a GOP Presidential nominee candidate upon the campaign trail heading toward the Republican national convention:

“I could
stand in the middle of 5th Avenue
and shoot somebody,
and wouldn’t lose any voters…
okay?
It’s, like, incredible.”

POS45

–– Donald J. Trump, then-candidate for the Republican nomination as President, at a campaign rally 23 January 2016 at Dordt College, in Sioux Center, Iowa

On October 23, 2019, William S. Consovoy, an attorney defending Trump against a suit filed by the House of Representatives seeking his tax returns, told the three-judge panel (en banc) of the Second United States Circuit Court of Appeals that Trump was LITERALLY immune from ANY type of prosecution.

Judge Denny Chin asked Mr. Consovoy, “What’s your view on the Fifth Avenue example? Local authorities couldn’t investigate, they couldn’t do anything about it?”

Mr. Consovoy replied, “I think once the president is

A Father’s Day Essay

This year, 2014, my Pop will begin his 82d year of life in good health.

I am blessed, fortunate, happy and to be envied to have him with me now. Some of my peers’ fathers have been long departed.

A friend once said to me that “we never truly become men until our father dies.” In that sense, I suppose I’m still a youth… even though my teen years have been long departed.

My Dad – When he looked at this photo, he said with a smile, “Who’s that? I’m going to have to get a new mirror!” I love my Pop. He’s a swell fellow – a real gentleman – with quite a life’s story! Raised in poverty in rural West Alabama, he knows how to pick cotton by hand, remembers when electricity came to his family’s house, the electrician’s name who wired their house, and so many other hard-scrabble stories of a life unknown to many of us in this day & age.

My dad is a Southern man. Having grown up in abject poverty in rural West Alabama, he was not merely acquainted with “everything but the squeal,” but was intimately familiar with a very real daily struggle for existence, where food was precious, and life even more so.

On occasion, I still hear him recall with utter amazement how much food he saw wasted – literally thrown into the garbage at San Diego Naval Station – where he attended Basic Training before shipping off to serve in the Korean War aboard the U.S.S. Juneau – CLAA-119, also known as “The Galloping Ghost of the Korean coast.” To his then-18-year-old eyes it was a culture shock which he remembers to this day. In his first day there, he saw more food thrown away than he had ever seen in his still-tender life. The adage “waste not, want not” is practically embedded into his DNA.

For those unfamiliar with the term “everything but the squeal,” it refers to the use of every part of the hog for food, and material. Nothing would be wasted. The fat would be rendered into lard, some of the meat would be preserved by smoking, while some parts were made into sausage. It was also time in which neighbors would help one another in the preparation of the animal. (If you’re interested in seeing & reading about some of the various aspects of hog butchering, see here.) It was only many years later that electricity came to my dad’s house – and he remembers the electrician’s name, and date the house was wired.

I recall tales he shared with me of his youth of “hog killing time,” which refers to the first enduring snap of cold weather, which was the proper time to slaughter a hog because the preservation of it’s parts would be more readily facilitated. That is, spoilage would be significantly reduced, because it could be stored in cooler conditions. Their “refrigerator” was an ice box – literally. ‘What’s an ice box?,’ you may ask. An ice box is literally a box into which a 100 pound block of ice was placed to cool food items. Not many items, mind you, because the creek was still a location where food items which readily spoiled were placed. Milk, dairy, meat and select other foods were regularly stored in a special box made to keep critters out, and keep food cool by the running water.

Naturally, not having electricity also meant that the meals were prepared in a “wood cook stove,” literally an implement which had to be tended night and day by his mother to prepare the family meals. Temperature regulation was achieved by moderating the amount of wood, the type of wood (seasoned dry or unseasoned green), and the variety of wood (species, such as oak, hickory, pecan, birch, pine, etc.).

Suffice it to say, his was a hard scrabble life. And it’s certainly neither joke nor exaggeration to say that they were so poor, someone had to come from Washington to tell them there was a Great Depression going on!

Dad honored his father and mother. He was

Riches, Wealth, Avarice, Power, Abuse and Vice: An Occupy Wall Street redux

John Adams, 1823–24, Second President of the US. Painting by Gilbert Stuart (1755–1828).

Perhaps you’ve read the previous entry in this blog. If not, I encourage you do so.

Why?

For several reasons, not the least of which are that what you’ll read in the conclusion of this entry speak overwhelmingly to the issue addressed by the protestors.

Following is an entry I made in another forum, the content of which – as I considered it – was worthy of a separate post.

Your thoughtful commentary is encouraged.

I particularly like your earlier remark, and found it quite erudite. To wit, and to clarify, it is this one: “I believe in capitalism,

Congress Passes Socialized Medicine and Mandates Health Insurance

Does history repeat itself?

Before this article was published, I was engaged in conversation with a friend on a subject wholly unrelated to this topic. As I listened to him he remarked, “Heck, when you join the Army, if your teeth need fixing, they’ll fix ’em. If you need glasses, they’ll put glasses on you. If you need any kind of healthcare, they’ll fix you up. The reason the Army provides healthcare is because they understand they’ll get a better quality soldier.”

Interestingly, neither my friend nor his family have a military background.

By extension, I wonder… how much more productive could the American worker be if they didn’t have to be concerned about their and their family’s health and healthcare? And then, if we completely ignore “lifestyle” related health issues. i.e., those associated with smoking or obesity, there are other chronic conditions, including heart disease, hypertension, COPD, etc., that significantly adversely affect the lives of families.

Congress Passes Socialized Medicine and Mandates Health Insurance -In 1798
Jan. 17 2011 – 9:08 pm

Rick Ungar
The Policy Page

http://blogs.forbes.com/rickungar/2011/01/17/congress-passes-socialized-medicine-and-mandates-health-insurance-in-1798/

The ink was barely dry on the PPACA when the first of many lawsuits to block the mandated health insurance provisions of the law was filed in a Florida District Court.

The pleadings, in part, read –

“The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage.”

State of Florida, et al. vs. HHS – http://www.scribd.com/doc/39344827/State-of-Florida-v-United-States-Dept-of-HHS –

It turns out, the Founding Fathers would beg to disagree.

In July of 1798, Congress passed – and President John Adams signed