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Javier E

Opinion | Trump taking the Fifth should disqualify him from office - The Washington Post - 0 views

  • taking the Fifth — especially concerning his alleged misconduct related to the attempted coup — should disqualify him from the presidency.
  • a president “has a constitutional as well as a moral duty to see to it that the laws are faithfully executed — not just a passive duty to avoid violating the law, a duty everyone of course shares, but an active duty to ensure that the law is fully enforced as well as complied with. That active duty arguably includes an obligation to avoid invoking various otherwise available privileges — including the privilege to withhold criminally incriminating information.”
  • “In that special sense, a president or a former president, more than any other public official or private citizen, arguably betrays his or her duty to the American people by taking the Fifth.”
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  • “Fealty to the law meant nothing to him. The country’s interests meant nothing to him. The only oath he has taken is to his own greed and self-preservation.” But that does not mean voters can ignore the obvious conflict that occurs when someone simultaneously thwarts a government investigation and pledges to enforce the Constitution.
  • Tribe notes that Article VI of the Constitution specifies that public officials must take an oath “not just to obey the Constitution and laws of the United States but ‘to support this Constitution.’ ”
  • In other words, should members of Congress implicated in the plot to overturn the 2020 election choose to take the Fifth, they would be setting up a conflict between their self-interest and the interest in upholding and supporting the Constitution
  • True, the Constitution spells out no disqualifications for federal office, other than conviction through impeachment and Section 3 of the 14th Amendment, which bars a person from office if they have “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
  • voters certainly should consider the underlying conflict when a candidate for office takes the Fifth, especially when the issue goes to the core of our democracy.
  • Defenders might insist that Trump has not been convicted of any crime. But voters are allowed to draw their own conclusions about not only his underlying conduct but also his refusal to testify.
  • there is a “bond” between an official and the people of the nation, which is “created by election or appointment and also cemented by the oath of office.” Just as a civil jury can draw an adverse conclusion from Trump’s refusal to answer questions, “it should be disqualifying for Trump if he seeks to run again.”
  • Taking the Fifth is their prerogative, but it is the prerogative of voters to hold it against them as evidence that they are putting themselves above the interests of the country.
anniina03

Ohio Teen Cross Country Athlete Disqualified Over Hijab | Time - 0 views

  • The association that oversees high school sports in Ohio said Thursday that it’s considering changing its rules after a high school runner was disqualified from a cross country meet because she didn’t have a waiver allowing her to wear a hijab.
  • Noor Abukaram said she felt humiliated after being disqualified last weekend following a race in which she posted her best time for the season. “My heart dropped, I felt like something horrible had happened,”
  • The Ohio High School Athletic Association’s rulebook doesn’t specifically mention hijabs but does ban most head coverings and caps. It also says anyone requiring an exception because of religious or other reasons must get a waiver. The athletic association previously discussed dropping the waiver requirement for religious headwear, but the disqualification has now brought the issue to the forefront
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  • Similar issues have come up in other states in recent years. The Pennsylvania Interscholastic Athletic Association voted last year to drop its waiver requirement after a high school basketball player in Philadelphia was forced to leave a game because she was wearing a hijab.
brookegoodman

Muslim Student Athlete Disqualified From Race for Wearing Hijab - The New York Times - 0 views

  • Noor Alexandria Abukaram, 16, was disqualified from a high school cross-country race in Ohio because she did not have permission to run in her hijab. Officials said the rule might change.
  • Noor Alexandria Abukaram, 16, was disqualified from a high school cross-country race in Ohio because she did not have permission to run in her hijab. Officials said the rule might change.
    • brookegoodman
       
      relates to discrimination against religion which we have studied throughout history
  • she learned she wasn’t allowed to run in her head scarf without special permission.
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  • Ms. Abukaram said that part of her had always worried that an official might give her trouble for her hijab during uniform inspection before a race, when athletes are sometimes told to change into clothes that correspond more closely to regulations.
  • “They don’t have to prepare anything special for me, I don’t have any disabilities, I am just running just like anybody else. When he said that, I didn’t think, ‘Oh, Coach, why didn’t you do this?’ I thought, ‘Why do we even have to do this in the first place?’”
  • He added that the association was also “looking at this specific uniform regulation to potentially modify it in the future, so that religious headwear does not require a waiver.”
  • “It is the same hijab that Ibtihaj Muhammad wore in the Olympics and won a bronze medal wearing,” Ms. Abukaram said, referring to a member of the United States fencing team who competed at the 2016 Summer Olympics.
  • On Thursday, Senator Elizabeth Warren of Massachusetts, a Democratic presidential candidate, expressed her support for Ms. Abukaram on Twitter and criticized “discriminatory dress codes” that exclude religious minorities.
  • “I’ve got your back, Noor,” Ms. Warren wrote. “Every kid should be able to feel safe and welcome at school — and Muslim students should never be denied participation in school activities.”
Javier E

Trump Is Constitutionally Prohibited From the Presidency - The Atlantic - 0 views

  • The bottom line is that Donald Trump both “engaged in” “insurrection or rebellion” and gave “aid or comfort” to others engaging in such conduct, within the original meaning of those terms as employed in Section Three of the Fourteenth Amendment. If the public record is accurate, the case is not even close. He is no longer eligible to the office of Presidency, or any other state or federal office covered by the Constitution.
  • t the time of the January 6 attack, most Democrats and key Republicans described it as an insurrection for which Trump bore responsibility. We believe that any disinterested observer who witnessed that bloody assault on the temple of our democracy, and anyone who learns about the many failed schemes to bloodlessly overturn the election before that, would have to come to the same conclusion.
  • The only intellectually honest way to disagree is not to deny that the event is what the Constitution refers to as “insurrection” or “rebellion,” but to deny that the insurrection or rebellion matters. Such is to treat the Constitution of the United States as unworthy of preservation and protection.
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  • The former federal judge and Stanford law professor Michael McConnell cautions that “we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot … If abused, this is profoundly anti-democratic.” He also believes, as we do, that insurrection and rebellion are “demanding terms, connoting only the most serious of uprisings against the government,” and that Section 3 “should not be defined down to include mere riots or civil disturbances.” McConnell worries that broad definitions of insurrection and rebellion, with the “lack of concern about enforcement procedure … could empower partisans to seek disqualification every time a politician supports or speaks in support of the objectives of a political riot.”
  • We share these concerns, and we concur that the answer to them lies in the wisdom of judicial decisions as to what constitutes “insurrection,” “rebellion,” or “aid or comfort to the enemies” of the Constitution under Section 3.
  • When a secretary of state or other state official charged with the responsibility of approving the placement of a candidate’s name on an official ballot either disqualifies Trump from appearing on a ballot or declares him eligible, that determination will assuredly be challenged in court by someone with the standing to do so, whether another candidate or an eligible voter in the relevant jurisdiction. Given the urgent importance of the question, such a case will inevitably land before the Supreme Court, where it will in turn test the judiciary’s ability to disentangle constitutional interpretation from political temptation
  • (Additionally, with or without court action, the second sentence of Section 3 contains a protection against abuse of this extraordinary power by these elections officers: Congress’s ability to remove an egregious disqualification by a supermajority of each House.)
  • The entire process, with all its sometimes frail but thus far essentially effective constitutional guardrails, will frame the effort to determine whether the threshold of “insurrection” or “rebellion” was reached and which officials, executive or legislative, were responsible for the January 6 insurrection and the broader efforts to reverse the election’s results.
  • The process that will play out over the coming year could give rise to momentary social unrest and even violence. But so could the failure to engage in this constitutionally mandated process. For our part, we would pray for neither unrest nor violence from the American people during a process of faithful application and enforcement of their Constitution.
  • f Donald Trump were to be reelected, how could any citizen trust that he would uphold the oath of office he would take upon his inauguration? As recently as last December, the former president posted on Truth Social his persistent view that the last presidential election was a “Massive Fraud,” one that “allows for the termination of all rules, regulations, and articles, even those found in the Constitution.”
  • No person who sought to overthrow our Constitution and thereafter declared that it should be “terminated” and that he be immediately returned to the presidency can in good faith take the oath that Article II, Section 1 demands of any president-elect
Javier E

America Has Never Been So Ripe for Tyranny -- NYMag - 1 views

  • my mind keeps being tugged by a passage in Plato’s Republic.
  • Socrates seemed pretty clear on one sobering point: that “tyranny is probably established out of no other regime than democracy.” What did Plato mean by that? Democracy, for him, I discovered, was a political system of maximal freedom and equality, where every lifestyle is allowed and public offices are filled by a lottery. And the longer a democracy lasted, Plato argued, the more democratic it would become.
  • Its freedoms would multiply; its equality spread. Deference to any sort of authority would wither; tolerance of any kind of inequality would come under intense threat; and multiculturalism and sexual freedom would create a city or a country like “a many-colored cloak decorated in all hues.”
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  • This rainbow-flag polity, Plato argues, is, for many people, the fairest of regimes. The freedom in that democracy has to be experienced to be believed — with shame and privilege in particular emerging over time as anathema. But it is inherently unstable. As the authority of elites fades, as Establishment values cede to popular ones, views and identities can become so magnificently diverse as to be mutually uncomprehendin
  • when all the barriers to equality, formal and informal, have been removed; when everyone is equal; when elites are despised and full license is established to do “whatever one wants,” you arrive at what might be called late-stage democracy
  • The very rich come under attack, as inequality becomes increasingly intolerable. Patriarchy is also dismantled: “We almost forgot to mention the extent of the law of equality and of freedom in the relations of women with men and men with women.” Family hierarchies are inverted: “A father habituates himself to be like his child and fear his sons, and a son habituates himself to be like his father and to have no shame before or fear of his parents.” In classrooms, “as the teacher ... is frightened of the pupils and fawns on them, so the students make light of their teachers.” Animals are regarded as equal to humans; the rich mingle freely with the poor in the streets and try to blend in. The foreigner is equal to the citizen.
  • when a democracy has ripened as fully as this, Plato argues, that a would-be tyrant will often seize his moment.
  • He is usually of the elite but has a nature in tune with the time — given over to random pleasures and whims, feasting on plenty of food and sex, and reveling in the nonjudgment that is democracy’s civil religion. He makes his move by “taking over a particularly obedient mob” and attacking his wealthy peers as corrupt
  • If not stopped quickly, his appetite for attacking the rich on behalf of the people swells further. He is a traitor to his class — and soon, his elite enemies, shorn of popular legitimacy, find a way to appease him or are forced to flee
  • Eventually, he stands alone, promising to cut through the paralysis of democratic incoherence. It’s as if he were offering the addled, distracted, and self-indulgent citizens a kind of relief from democracy’s endless choices and insecurities
  • He rides a backlash to excess—“too much freedom seems to change into nothing but too much slavery” — and offers himself as the personified answer to the internal conflicts of the democratic mess. He pledges, above all, to take on the increasingly despised elites. And as the people thrill to him as a kind of solution, a democracy willingly, even impetuously, repeals itself.
  • Part of American democracy’s stability is owed to the fact that the Founding Fathers had read their Plato. To guard our democracy from the tyranny of the majority and the passions of the mob, they constructed large, hefty barriers between the popular will and the exercise of power.
  • Over the centuries, however, many of these undemocratic rules have been weakened or abolished
  • The franchise has been extended far beyond propertied white men. The presidency is now effectively elected through popular vote, with the Electoral College almost always reflecting the national democratic will. And these formal democratic advances were accompanied by informal ones
  • Direct democracy didn’t just elect Congress and the president anymore; it expanded the notion of who might be qualified for public office. Once, candidates built a career through experience in elected or Cabinet positions or as military commanders; they were effectively selected by peer review. That elitist sorting mechanism has slowly imploded
  • further widening of our democracy — our increased openness to being led by anyone; indeed, our accelerating preference for outsiders — is now almost complete.
  • “It is usually those whose poverty is relatively recent, the ‘new poor,’ who throb with the ferment of frustration,”
  • Many contend, of course, that American democracy is actually in retreat, close to being destroyed by the vastly more unequal economy of the last quarter-century and the ability of the very rich to purchase political influence. This is Bernie Sanders’s core critique. But the past few presidential elections have demonstrated that, in fact, money from the ultrarich has been mostly a dud.
  • it is precisely because of the great accomplishments of our democracy that we should be vigilant about its specific, unique vulnerability: its susceptibility, in stressful times, to the appeal of a shameless demagogue.
  • What the 21st century added to this picture, it’s now blindingly obvious, was media democracy — in a truly revolutionary form. If late-stage political democracy has taken two centuries to ripen, the media equivalent took around two decades, swiftly erasing almost any elite moderation or control of our democratic discourse
  • The rise of the internet — an event so swift and pervasive its political effect is only now beginning to be understood — further democratized every source of information, dramatically expanded each outlet’s readership, and gave everyone a platform. All the old barriers to entry — the cost of print and paper and distribution — crumbled.
  • Political organizing — calling a meeting, fomenting a rally to advance a cause — used to be extremely laborious. Now you could bring together a virtual mass movement with a single webpage. It would take you a few seconds.
  • The web was also uniquely capable of absorbing other forms of media, conflating genres and categories in ways never seen before. The distinction between politics and entertainment became fuzzier; election coverage became even more modeled on sportscasting
  • The web’s algorithms all but removed any editorial judgment, and the effect soon had cable news abandoning even the pretense of asking “Is this relevant?” or “Do we really need to cover this live?” in the rush toward ratings bonanzas. In the end, all these categories were reduced to one thing: traffic, measured far more accurately than any other medium had ever done before
  • what mainly fuels this is precisely what the Founders feared about democratic culture: feeling, emotion, and narcissism, rather than reason, empiricism, and public-spiritedness
  • Online debates become personal, emotional, and irresolvable almost as soon as they begin
  • Godwin’s Law — it’s only a matter of time before a comments section brings up Hitler — is a reflection of the collapse of the reasoned deliberation the Founders saw as indispensable to a functioning republic.
  • Yes, occasional rational points still fly back and forth, but there are dramatically fewer elite arbiters to establish which of those points is actually true or valid or relevant. We have lost authoritative sources for even a common set of facts. And without such common empirical ground, the emotional component of politics becomes inflamed and reason retreats even further. The more emotive the candidate, the more supporters he or she will get.
  • The climate Obama thrived in, however, was also ripe for far less restrained opportunists. In 2008, Sarah Palin emerged as proof that an ardent Republican, branded as an outsider, tailor-made for reality TV, proud of her own ignorance about the world, and reaching an audience directly through online media, could also triumph in this new era. She was, it turned out, a John the Baptist for the true messiah of conservative populism, waiting patiently and strategically for his time to come.
  • Trump assiduously cultivated this image and took to reality television as a natural. Each week, for 14 seasons of The Apprentice, he would look someone in the eye and tell them, “You’re fired!” The conversation most humane bosses fear to have with an employee was something Trump clearly relished, and the cruelty became entertainment. In retrospect, it is clear he was training — both himself and his viewers. If you want to understand why a figure so widely disliked nonetheless powers toward the election as if he were approaching a reality-TV-show finale, look no further. His television tactics, as applied to presidential debates, wiped out rivals used to a different game. And all our reality-TV training has conditioned us to hope he’ll win — or at least stay in the game till the final round. In such a shame-free media environment, the assholes often win. In the end, you support them because they’re assholes.
  • The deeper, long-term reasons for today’s rage are not hard to find, although many of us elites have shamefully found ourselves able to ignore them. The jobs available to the working class no longer contain the kind of craftsmanship or satisfaction or meaning that can take the sting out of their low and stagnant wages. The once-familiar avenues for socialization — the church, the union hall, the VFW — have become less vibrant and social isolation more common. Global economic forces have pummeled blue-collar workers more relentlessly than almost any other segment of society, forcing them to compete against hundreds of millions of equally skilled workers throughout the planet. No one asked them in the 1990s if this was the future they wanted. And the impact has been more brutal than many economists predicted. No wonder suicide and mortality rates among the white working poor are spiking dramatically.
  • The barriers to the popular will, especially when it comes to choosing our president, are now almost nonexisten
  • Fundamentalist religion long provided some emotional support for those left behind (for one thing, it invites practitioners to defy the elites as unholy), but its influence has waned as modernity has penetrated almost everything and the great culture wars of the 1990s and 2000s have ended in a rout. The result has been a more diverse mainstream culture — but also, simultaneously, a subculture that is even more alienated and despised, and ever more infuriated and bloody-minded
  • It’s a period in which we have become far more aware of the historic injustices that still haunt African-Americans and yet we treat the desperate plight of today’s white working ­class as an afterthought. And so late-stage capitalism is creating a righteous, revolutionary anger that late-stage democracy has precious little ability to moderate or constrain — and has actually helped exacerbate.
  • For the white working class, having had their morals roundly mocked, their religion deemed primitive, and their economic prospects decimated, now find their very gender and race, indeed the very way they talk about reality, described as a kind of problem for the nation to overcome
  • Much of the newly energized left has come to see the white working class not as allies but primarily as bigots, misogynists, racists, and homophobes, thereby condemning those often at the near-bottom rung of the economy to the bottom rung of the culture as well.
  • Mass movements, Hoffer argues, are distinguished by a “facility for make-believe … credulity, a readiness to attempt the impossible.” What, one wonders, could be more impossible than suddenly vetting every single visitor to the U.S. for traces of Islamic belief? What could be more make-believe than a big, beautiful wall stretching across the entire Mexican border, paid for by the Mexican government? What could be more credulous than arguing that we could pay off our national debt through a global trade war?
  • In a conventional political party, and in a rational political discourse, such ideas would be laughed out of contention, their self-evident impossibility disqualifying them from serious consideration. In the emotional fervor of a democratic mass movement, however, these impossibilities become icons of hope, symbols of a new way of conducting politics. Their very impossibility is their appeal.
  • But the most powerful engine for such a movement — the thing that gets it off the ground, shapes and solidifies and entrenches it — is always the evocation of hatred. It is, as Hoffer put it, “the most accessible and comprehensive of all unifying elements.”
  • what makes Trump uniquely dangerous in the history of American politics — with far broader national appeal than, say, Huey Long or George Wallace — is his response to all three enemies. It’s the threat of blunt coercion and dominance.
  • Fascism had, in some measure, an ideology and occasional coherence that Trump utterly lacks. But his movement is clearly fascistic in its demonization of foreigners, its hyping of a threat by a domestic minority (Muslims and Mexicans are the new Jews), its focus on a single supreme leader of what can only be called a cult, and its deep belief in violence and coercion in a democracy that has heretofore relied on debate and persuasion
  • what’s notable about Trump’s supporters is precisely what one would expect from members of a mass movement: their intense loyalty. Trump is their man, however inarticulate they are when explaining why. He’s tough, he’s real, and they’ve got his back, especially when he is attacked by all the people they have come to despise: liberal Democrats and traditional Republicans
  • Trump tells the crowd he’d like to punch a protester in the face or have him carried out on a stretcher. No modern politician who has come this close to the presidency has championed violence in this way. It would be disqualifying if our hyper­democracy hadn’t already abolished disqualifications.
  • Trump celebrates torture — the one true love of tyrants everywhere — not because it allegedly produces intelligence but because it has a demonstration effect.
  • Fuck political correctness. As one of his supporters told an obtuse reporter at a rally when asked if he supported Trump: “Hell yeah! He’s no-bullshit. All balls. Fuck you all balls. That’s what I’m about.” And therein lies the appeal of tyrants from the beginning of time. Fuck you all balls. Irrationality with muscle.
  • The racial aspect of this is also unmissable. When the enemy within is Mexican or Muslim, and your ranks are extremely white, you set up a rubric for a racial conflict. And what’s truly terrifying about Trump is that he does not seem to shrink from such a prospect; he relishes it.
  • “I’ve got to keep remembering … that Windrip is only the lightest cork on the whirlpool. He didn’t plot all this thing. With all the justified discontent there is against the smart politicians and the Plush Horses of Plutocracy — oh, if it hadn’t been one Windrip, it’d been another … We had it coming, we Respectables.”
  • Those who believe that Trump’s ugly, thuggish populism has no chance of ever making it to the White House seem to me to be missing this dynamic. Neo-fascist movements do not advance gradually by persuasion; they first transform the terms of the debate, create a new movement based on untrammeled emotion, take over existing institutions, and then ruthlessly exploit events.
  • I have no doubt, for example, that Trump is sincere in his desire to “cut the head off” ISIS, whatever that can possibly mean. But it remains a fact that the interests of ISIS and the Trump campaign are now perfectly aligned. Fear is always the would-be tyrant’s greatest ally.
  • His proposition is a simple one. Remember James Carville’s core question in the 1992 election: Change versus more of the same? That sentiment once elected Clinton’s husband; it could also elect her opponent this fall. If you like America as it is, vote Clinton
  • the more she campaigns, the higher her unfavorables go (including in her own party). She has a Gore problem. The idea of welcoming her into your living room for the next four years can seem, at times, positively masochistic
  • All Trump needs is a sliver of minority votes inspired by the new energy of his campaign and the alleged dominance of the Obama coalition could crac
  • like all tyrants, he is utterly lacking in self-control. Sleeping a handful of hours a night, impulsively tweeting in the early hours, improvising madly on subjects he knows nothing about, Trump rants and raves as he surfs an entirely reactive media landscape
  • And, 81 years later, many of us did. An American elite that has presided over massive and increasing public debt, that failed to prevent 9/11, that chose a disastrous war in the Middle East, that allowed financial markets to nearly destroy the global economy, and that is now so bitterly divided the Congress is effectively moot in a constitutional democracy: “We Respectables” deserve a comeuppance
  • The vital and valid lesson of the Trump phenomenon is that if the elites cannot govern by compromise, someone outside will eventually try to govern by popular passion and brute force.
  • But elites still matter in a democracy. They matter not because they are democracy’s enemy but because they provide the critical ingredient to save democracy from itself.
  • Democrats who are gleefully predicting a Clinton landslide in November need to both check their complacency and understand that the Trump question really isn’t a cause for partisan Schadenfreude anymore. It’s much more dangerous than that.
  • Those still backing the demagogue of the left, Bernie Sanders, might want to reflect that their critique of Clinton’s experience and expertise — and their facile conflation of that with corruption — is only playing into Trump’s hands
  • Republicans desperately trying to use the long-standing rules of their own nominating process to thwart this monster deserve our passionate suppor
  • e. They should resist any temptation to loyally back the nominee or to sit this election out. They must take the fight to Trump at every opportunity, unite with Democrats and Independents against him, and be prepared to sacrifice one election in order to save their party and their country.
  • Trump is not just a wacky politician of the far right, or a riveting television spectacle, or a Twitter phenom and bizarre working-class hero. He is not just another candidate to be parsed and analyzed by TV pundits in the same breath as all the others. In terms of our liberal democracy and constitutional order, Trump is an extinction-level event. It’s long past time we started treating him as such.
kaylynfreeman

Trump Impeached for Inciting Insurrection - The New York Times - 0 views

  • Donald J. Trump on Wednesday became the first American president to be impeached twice, as 10 members of his party joined with Democrats in the House to charge him with “incitement of insurrection” for his role in egging on a violent mob that stormed the Capitol last week.
  • It accused Mr. Trump of “inciting violence against the government of the United States” in his quest to overturn the election results, and called for him to be removed and disqualified from ever holding public office again.
  • The top House Republican, Representative Kevin McCarthy of California, conceded in a pained speech on the floor that Mr. Trump had been to blame for the deadly assault at the Capitol. It had forced the vice president and lawmakers who had gathered there to formalize Mr. Biden’s victory to flee for their lives.
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  • If a Senate trial resulted in Mr. Trump’s conviction, it held out the prospect, tantalizing for Democrats and many Republicans alike, of barring him from ever holding office again.
  • At least five people did die during the attack, including an officer and a member of the mob who was shot just outside the chamber door
  • President Trump became the first president to be impeached twice, after the House approved a single charge citing his role in whipping up a mob that stormed the Capitol. He faces a Senate trial that could disqualify him from future office.
  • “He must go. He is a clear and present danger to the nation that we all love,” the speaker said, adding later, “It gives me no pleasure to say this — it breaks my heart.”
  • “The president bears responsibility for Wednesday’s attack on Congress by mob rioters,” said Mr. McCarthy, one of the 138 Republicans who returned to the House floor after the mayhem and voted to reject certified electoral votes for Mr. Biden. “He should have immediately denounced the mob when he saw what was unfolding.”
zoegainer

Senate Balances Impeachment Trial With an Incoming President - The New York Times - 0 views

  • A day after the House impeached President Trump for inciting a violent insurrection at the Capitol, Democrats and Republicans in the Senate were developing plans on Thursday to try the departing president at the same time as they begin considering the agenda of the incoming one
  • “The evidence is Trump’s own words, recorded on video,” Mr. Blumenthal said. “It’s a question of whether Republicans want to step up and face history.”
  • Speaker Nancy Pelosi of California has discretion over when to transmit the article of impeachment, formally initiating the Senate proceeding. Some Democrats said she might wait until Monday, Jan. 25, or longer to allow more time for the Senate to put in place Mr. Biden’s national security team to respond to continued threats of violence from pro-Trump extremists.
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  • With Republicans fractured after the president’s bid to overturn the election inspired a rampage, many of them were trying to gauge the dynamics of a vote to convict Mr. Trump. Doing so would open the door to disqualifying him from holding office in the future.
  • The House has never impeached a president so close to the end of his term, and no former president has ever been tried in the Senate.
  • With Mr. McConnell sending mixed signals about where he would come down, Republican strategists and senior aides on Capitol Hill believed he could ultimately swing the result one way or another.If the Senate did convict, it could proceed to disqualify Mr. Trump from holding office again with only a simple majority vote, a prospect motivating some on both sides.
  • Ms. Murkowski joined a small group of other Republicans — including Senators Ben Sasse of Nebraska, Mitt Romney of Utah, Patrick J. Toomey of Pennsylvania and Susan Collins of Maine — who have said they hold the president responsible for the siege and will weigh the impeachment charge.
  • Democrats faced the vexing task of trying to manage a trial just as Mr. Biden will take office, and as they claim control of the chamber. Once the House formally sends its article to the Senate, a trial must commence almost immediately and rules dictate that all other business come to a near immediate halt and remain frozen until a verdict is reached.
kaylynfreeman

Why Remove Trump Now? A Guide to Trump's Impeachment - The New York Times - 0 views

  • The House on Wednesday impeached President Trump for a second time, a first in American history, charging him with “incitement of insurrection” one week after he egged on a mob of supporters that stormed the Capitol while Congress met to formalize President-elect Joseph R. Biden Jr.’s victory.
  • At least five people, including a Capitol Police officer, died during the siege and in the immediate aftermath.
  • The process is taking place with extraordinary speed and will test the bounds of the impeachment process, raising questions never contemplated before.
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  • The House vote requires only a simple majority of lawmakers to agree that the president has, in fact, committed high crimes and misdemeanors; the Senate vote requires a two-thirds majority.
  • The test, as set by the Constitution, is whether the president has committed “treason, bribery, or other high crimes and misdemeanors.”
  • Impeachment is one of the weightiest tools the Constitution gives Congress to hold government officials, including the president, accountable for misconduct and abuse of power.
  • The article, drafted by Representatives David Cicilline of Rhode Island, Ted Lieu of California, Jamie Raskin of Maryland and Jerrold Nadler of New York, charges Mr. Trump with “incitement of insurrection,” saying he is guilty of “inciting violence against the government of the United States.”
  • The article cites Mr. Trump’s weekslong campaign to falsely discredit the results of the November election, and it quotes directly from the speech he gave on the day of the siege in which he told his supporters to go to the Capitol. “If you don’t fight like hell,” he said, “you’re not going to have a country anymore.”
  • While the House moved with remarkable speed to impeach Mr. Trump, the Senate trial to determine whether to remove him cannot begin until Jan. 19, his final full day in office.
  • Democrats have argued that Mr. Trump’s offense — using his power as the nation’s leader and commander in chief to incite an insurrection against the legislative branch — is so grave that it must be addressed, even with just a few days remaining in his term.
  • Conviction in an impeachment trial would not automatically disqualify Mr. Trump from future public office. But if the Senate were to convict him, the Constitution allows a subsequent vote to bar an official from holding “any office of honor, trust or profit under the United States.”
  • There is no precedent, however, for disqualifying a president from future office, and the issue could end up before the Supreme Court.
  • Democrats who control the House can choose when to send their article of impeachment to the Senate, at which point that chamber would have to immediately move to begin the trial. But because the Senate is not scheduled to hold a regular session until Jan. 19, even if the House immediately transmitted the charge to the other side of the Capitol, an agreement between Senate Republican and Democratic leaders would be needed to take it up before then.
  • Once the Senate receives the impeachment charge, it must immediately take up the issue, as articles of impeachment carry the highest privilege.
  • The Senate could hold a trial for Mr. Trump even after he has left office, though there is no precedent for it. Only two presidents other than Mr. Trump have been impeached — Andrew Johnson in 1868 and Bill Clinton in 1998 — and both were ultimately acquitted and completed their terms in office.
  • With only a week left in his term, the House impeached President Trump, but he will leave office before he stands trial in the Senate. Here’s how the process works.
  • The charge against Trump is ‘incitement of insurrection.’
  • That vote would require only a simple majority of senators. Such a step could be an appealing prospect not just to Democrats, but also to many Republicans who either have set their sights on the presidency themselves or are convinced that it is the only thing that will purge Mr. Trump from their party. Senator Mitch McConnell of Kentucky, the Republican leader, is said to hold the latter view.
rerobinson03

As Voting Ends, Battle Intensifies Over Which Ballots Will Count - The New York Times - 0 views

  • President Trump and his allies say they intend an aggressive challenge to how the votes are counted in key states, and Democrats are mobilizing to meet it.
  • Both sides expect Mr. Trump and his allies to try again to disqualify late-arriving ballots in the emerging center of the legal fight,
  • In the most aggressive moves to knock out registered votes in modern memory, Republicans have already sought to nullify ballots before they are counted in several states that could tip the balance of the Electoral College.
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  • in a year that has seen record levels of early voting and a huge surge in use of voting by mail, Republicans are gearing up to challenge ballots with missing signatures or unclear postmarks.
  • Mr. Trump in that moment said out loud what other Republicans have preferred to say quietly, which is that his best chance of holding onto power at this point may rest in a scorched-earth campaign to disqualify as many votes as possible for his Democratic opponent, Joseph R. Biden Jr.
  • After months of claiming that any election outcome other than a victory for him would have to have been “rigged,” the president used his final days on the campaign trail to cast doubt on the very process of tabulating the count, suggesting without any evidence that any votes counted after Tuesday, no matter how legal, must be suspect.
  • With the election coming to a close, the Trump and Biden campaigns, voting rights organizations and conservative groups are raising money and dispatching armies of lawyers for what could become a state-by-state, county-by-county legal battle over which ballots will ultimately be counted.
  • Tom Perez, the chairman of the Democratic Party, said Democrats were keeping careful track of all ballots that were being rejected in key swing states, under a strategy to get as many as possible fixed and reinstated now and seeking to force the reinstatement of the rest in postelection litigation if the closeness of the Electoral College count requires it.
  • A wild card for both sides is the posture the Justice Department will take in voting disputes under Attorney General William P. Barr. On Monday, the department announced it was sending civil rights division personnel to monitor voting at precincts across the country, including in key areas like Philadelphia, Miami, Detroit and Houston. That is standard operating procedure, but both sides were girding for possible breaks from protocol given Mr. Barr’s own statements about potential for fraud, which have echoed Mr. Trump’s.
  • The Republican efforts moved to an even more aggressive footing on Sunday, after Mr. Trump made clear his intention to challenge an unfavorable outcome through a focus in particular on the mail-in vote, which both sides expect will favor Mr. Biden.
  • The president has no legal authority to stop the count on Tuesday night, and even in normal election years, states often take days or even weeks before completing their tallies and certifying the outcome.
  • That situation has led Josh Shapiro, Pennsylvania’s attorney general and a Democrat, to issue guidance that election officials should segregate any ballots that arrive after 8 p.m. Tuesday.
Javier E

Don't Read the Colorado Ruling. Read the Dissents. - The Atlantic - 0 views

  • The dissents were gobsmacking—for their weakness. They did not want for legal craftsmanship, but they did lack any semblance of a convincing argument.
  • For starters, none of the dissents challenged the district court’s factual finding that Trump had engaged in an insurrection
  • Nor did the dissents challenge the evidence—adduced during a five-day bench trial, and which, three years ago, we saw for ourselves in real time—that Trump had engaged in an insurrection by any reasonable understanding of the term.
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  • Instead, the three dissenters mostly confined themselves to saying that state law doesn’t provide the plaintiffs with a remedy.
  • even the dissenters’ contentions about state law made little sense. Chief Justice Brian Boatright argued that, while Colorado law requires its secretary of state to examine the constitutional qualifications of presidential candidates, it doesn’t allow her to consider whether they are constitutionally disqualified.
  • Nothing in the state statute suggests that’s the case, and it’s plainly illogical. Every qualification necessarily establishes a disqualification. If the Constitution says, as it does, that you have to be 35 years of age to serve as president, you’re out of luck—disqualified—if you’re 34 and a half. By the same token, if you’ve engaged in an insurrection against that Constitution in violation of your oath to it, you’ve failed to meet the ironclad (and rather undemanding) requirement that you not have done that.
  • And no stronger is Justice Carlos Samour’s suggestion that Trump was somehow deprived of due process by the proceedings in the district court. This was a full-blown, five-day trial, with sworn witnesses and lots of documentary exhibits, all admitted under the traditional rules of evidence before a judicial officer, who then made extensive written findings of fact under a stringent standard of proof
  • Samour’s suggestion that Trump was denied a fair trial because he didn’t have a jury is almost embarrassing: Any first-year law student who has taken civil procedure could tell you that election cases are not even close to the sort of litigation to which a Seventh Amendment jury-trial right would attach.
  • the dissents showed one thing clearly: The Colorado majority was right. I dare not predict what will happen next. But if Trump’s lawyers or any members of the United States Supreme Court want to overturn the decision, they’d better come up with something much, much stronger. And fast.
Javier E

Could the Latest Trump Stories Be Different From the Rest? - The Atlantic - 1 views

  • The real problem with Trump involves not policies, which can change, but temperament, which does not.
  • A sobering lesson from the time I spent working for a president long ago, and observing others since then, is that more than knowledge, more than a specific cast of advisors or type of experience, temperament matters most in how presidents do their job.
  • Even if I agreed with Trump on every item of policy (and I do on some), I would find his temperament dangerously disqualifying for the job. His outbursts; his narcissism; his inability to rise above challenges to his dignity or, yes, his hand size — these are essentially the opposite of what we want to see in a president.
rachelramirez

Ayatollah Ali Akbar Hashemi Rafsanjani, Ex-President of Iran, Dies at 82 - The New York... - 0 views

  • Ayatollah Ali Akbar Hashemi Rafsanjani, Ex-President of Iran, Dies at 82
  • Argentina has accused Mr. Rafsanjani and other senior Iranian figures of complicity in the 1994 bombing of a Jewish community center in Buenos Aires, in which 85 people died. In 1997, a German court concluded that the highest levels of Iran’s political leadership had ordered the killing five years earlier of four exiled Iranian Kurdish dissidents in Berlin
  • Mr. Rafsanjani, for instance, was credited with suggesting that “Death to America” be dropped from the litany of slogans at Tehran’s Friday prayers, a weekly moment of fervor in Iran’s political and religious calendar.
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  • For much of his career, he maintained roles in Parliament and on influential clerical panels, under the tutelage of Ayatollah Khomeini and then, less durably, of his successor, Ayatollah Ali Khamenei.
  • Instead, Ayatollah Khamenei built his own power base. But Mr. Rafsanjani’s back-room dealings — often trading on his close relationship with Ayatollah Khomeini — earned him the nickname “kingmaker.”
  • In March, Mr. Rafsanjani wrote on Twitter that the “world of tomorrow is one of negotiations, not the world of missiles.
  • From 1963 to 1978, Mr. Rafsanjani was jailed five times for his opposition to the shah, but he remained in close contact with exiled clerics, including Ayatollah Khomeini, who was living in Najaf, Iraq.
  • In 2013, Mr. Rafsanjani was disqualified from standing in presidential elections and swung his political weight behind a moderate, longtime associate, Hassan Rouhani, who won the vote and went on to bring many of Mr. Rafsanjani’s supporters into his cabinet and to negotiate the nuclear agreement with the United States in 2015
  • By 2013, Mr. Rafsanjani was said to have built a family business empire that owned Iran’s second biggest airline, exercised a near monopoly on the lucrative pistachio trade and controlled the largest private university, Azad. The family’s business interests also included real estate, construction and oil deals
  • In presidential elections in June 2009, Mr. Rafsanjani supported the moderate Mir Hussein Moussavi, who lost to Mr. Ahmadinejad. The outcome was widely disputed, and many Iranian protesters died or were detained challenging the authorities in the streets. The protesters included Mr. Rafsanjani’s youngest daughter, Faezeh, who had campaigned for women’s rights and was arrested in large demonstrations against Mr. Ahmadinejad’s victory
  • In September 2009, Mr. Rafsanjani seemed to be sidelined when the authorities barred him from addressing Friday prayers in Tehran on Quds Day, an annual display of solidarity with Palestinians.
  • In 2011, Iran sided with President Bashar al-Assad of Syria during the Arab Spring, along with the Hezbollah Shiite militia in Lebanon, setting Tehran against Mr. Assad’s Western adversaries, including the United States.
marleymorton

Cory Booker takes stage to rail against Jeff Sessions nomination - 0 views

  •  
    Booker, civil rights legend Georgia Rep. John Lewis and Congressional Black Caucus Chairman Rep. Cedric Richmond each deliveredemotional testimony that Sessions' record on civil rights disqualifies him from serving atop the Justice Department under President-elect Trump. "The arc of the moral universe does not just naturally curve toward justice, we must bend it," Booker said.
Javier E

The years of calm are over. In Donald Trump we'll have a child at the White House | Dav... - 0 views

  • Every time we allowed ourselves to be even remotely optimistic, some new reminder arrived that we, an immature electorate, had elected a child.
  • In eight years in the White House there had been an uninterrupted stretch of calm and decency. In eight years there has been no scandal, not even a whiff of scandal, coming from the White House. That is a profoundly difficult thing to do, especially with the two houses of Congress in Republican hands and the president’s every move or hope met with biblical opposition.
  • For eight years we have been able to look to the White House and see a president who thinks and acts with cool deliberation, whose every sentence is well-considered. Anyone can disagree with President Obama’s policies but it cannot be denied that the first family acted with unerring decorum and amenity.
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  • People of all affiliations must admit that the period of calm dignity at 1600 Pennsylvania Avenue is fast approaching its end.
  • We don’t know. But we do know that the days of decency are gone. We had almost 3,000 such days in a row, and it will soon come to an end. That we have traded Obama’s unshakable composure for Trump’s undivinable mayhem is not a matter of debate.
  • We are in a time of extraordinary relativism, when the incoming president was sued for fraud by 7,000 different people and this was not seen as a disqualifying fact. The president-elect was accused of defrauding thousands of their life savings
  • Donald Trump is not a man of serenity. He is loud and brash, he is not above spreading rumours and falsehoods, and controversy follows him as surely as dusk follows day. There are currently 75 lawsuits outstanding against him. They range from employees at his buildings suing him for personally sexually assaulting them to an architect who claims he was never paid for the work he completed. Trump has been married three times, and has filed for bankruptcy five times, in each case emerging unscathed while his creditors receive pennies on the dollar.
  • He will recite the oath properly and, if he employs the same writer who penned his victory speech, will probably deliver a well-worded inaugural address. But which man will show up on 21 January?
  • We can agree that Trump was elected. We can agree that his election has sent the Dow to a new high. We can agree that he very well may rebuild the nation’s infrastructure – and if he does, he will have the backing of most of the country.
  • But we must also agree that this president has the bearing and impulses of a nine-year-old boy – a troubled nine-year-old boy. He wants most to be liked and admired, and when he isn’t, he lashes out with insults and aggrieved demands for apologies. He has no patience and little self-control. He cannot spell and does not read
  • For the next four years, the highs will be high and the lows will be low, and the embarrassments to our democracy will arrive with great regularity. Remember George W Bush trying to give an impromptu massage to Angela Merkel? Remember Bill Clinton receiving oral sex in the Oval Office? Remember the totality of Richard Nixon? All were difficult to bear. Having one’s president behave worse than anyone you know is wounding to the soul. Prepare yourself for more.
  • In 2008 badges were made that said No more Drama, Vote Obama. This year the electorate, or a meaningful portion of it, voted for drama. Constant drama. Lawsuits. Feuds. Threats. Denials. Insults. Speaking before deliberating. Tweeting before thinking. The use of exclamation marks with unprecedented frequency.
Javier E

Trump's shallowness runs deep - The Washington Post - 0 views

  • perhaps he is not the scatterbrain he has so successfully contrived to appear. Maybe he actually is a sly rascal, cunningly in pursuit of immunity through profusion.
  • The nation, however, is not immune to the lasting damage that is being done to it by Trump’s success in normalizing post-factual politics. It is being poisoned by the injection into its bloodstream of the cynicism required of those Republicans who persist in pretending that although Trump lies constantly and knows nothing, these blemishes do not disqualify him from being president.
  • He seems to understand that if you produce a steady stream of sufficiently stupefying statements, there will be no time to dwell on any one of them, and the net effect on the public will be numbness and ennui.
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  • Pence is just the most recent example of how the rubble of ruined reputations will become deeper before Nov. 8. It has been well said that “sooner or later, we all sit down to a banquet of consequences.” The Republican Party’s multicourse banquet has begun.
Javier E

What is really motivating the runaway train of Donald Trump? - The Washington Post - 0 views

  • In Trump’s case, we are not dealing with criminality but with temperament, which is not less important. To quote myself from a January column: “We are witnessing what happens when a narcissist who thinks he is at the center of the universe is actually placed at the center of the universe.”
  • Trump’s political judgments seem mostly based on how others view him, making Vladimir Putin a friend and Paul Ryan an enemy. On policy, Trump claims to know more than experts while displaying stunning ignorance. He lies with disturbing ease. He seems to lack the gene for empathy.
  • Trump, however, is not the only one being tested. We have seen that Trump is a sadist; now we determine whether Republicans are masochists. On the current course, Reince Priebus will be judged the worst GOP party chairman in history. On the current course, Ryan will be discredited as a political and moral leader. On the current course, our children will look back in confusion and contempt, asking: How did you allow such a man to get so close to such an office?
Javier E

Women Nudged Out of German Workforce - NYTimes.com - 0 views

  • women who qualify in the view of one type of manager are automatically disqualified by the view of another. “Men can think of reasons against having women on boards and in executive committees,” Mr. Wippermann told the German weekly Die Zeit. “But none in favor.”
  • Still, “there is a lack of women who want to work full time,” she said. “We can’t tell women how to lead their lives. We don’t want a system like in the old East Germany.”
  • “Without these talent sources, Germany can’t survive as a leading knowledge economy. “We have to break open all our historic taboos,” he said. “Because if we don’t, we will lose competitiveness.”
Javier E

Doubling Down on W - The New York Times - 0 views

  • you might have expected the debacle of George W. Bush’s presidency — a debacle not just for the nation, but for the Republican Party, which saw Democrats both take the White House and achieve some major parts of their agenda — to inspire some reconsideration of W-type policies.
  • What we’ve seen instead is a doubling down, a determination to take whatever didn’t work from 2001 to 2008 and do it again, in a more extreme form.
  • Big tax cuts tilted toward the wealthy were the Bush administration’s signature domestic policy. They were sold at the time as fiscally responsible, a matter of giving back part of the budget surplus America was running when W took office. (Alan Greenspan infamously argued that tax cuts were needed to avoid paying off federal debt too fast.)
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  • Since then, however, over-the-top warnings about the evils of debt and deficits have become a routine part of Republican rhetoric; and even conservatives occasionally admit that soaring inequality is a problem.
  • Moreover, it’s harder than ever to claim that tax cuts are the key to prosperity. At this point the private sector has added more than twice as many jobs under President Obama as it did over the corresponding period under W, a period that doesn’t include the Great Recession.
  • You might think, then, that Bush-style tax cuts would be out of favor. In fact, however, establishment candidates like Marco Rubio and Jeb Bush are proposing much bigger tax cuts than W ever did. And independent analysis of Jeb’s proposal shows that it’s even more tilted toward the wealthy than anything his brother did.
  • The Bush administration’s determination to dismantle any restraints on banks — at one staged event, a top official used a chain saw on stacks of regulations — looks remarkably bad in retrospect. But conservatives have bought into the thoroughly debunked narrative that government somehow caused the Great Recession, and all of the Republican candidates have declared their determination to repeal Dodd-Frank, the fairly modest set of regulations imposed after the financial crisis.
  • The only real move away from W-era economic ideology has been on monetary policy, and it has been a move toward right-wing fantasyland. True, Ted Cruz is alone among the top contenders in calling explicitly for a return to the gold standard — you could say that he wants to Cruzify mankind upon a cross of gold. (Sorry.) But where the Bush administration once endorsed “aggressive monetary policy” to fight recessions, these days hostility toward the Fed’s efforts to help the economy is G.O.P. orthodoxy, even though the right’s warnings about imminent inflation have been wrong again and again.
  • Last but not least, there’s foreign policy. You might have imagined that the story of the Iraq war, where we were not, in fact, welcomed as liberators, where a vast expenditure of blood and treasure left the Middle East less stable than before, would inspire some caution about military force as the policy of first resort. Yet swagger-and-bomb posturing is more or less universal among the leading candidates. And let’s not forget that back when Jeb Bush was considered the front-runner, he assembled a foreign-policy team literally dominated by the architects of debacle in Iraq
  • The point is that while the mainstream contenders may have better manners than Mr. Trump or the widely loathed Mr. Cruz, when you get to substance it becomes clear that all of them are frighteningly radical, and that none of them seem to have learned anything from past disasters.
  • The truth is that there are no moderates in the Republican primary, and being reasonable appears to be a disqualifying characteristic for anyone seeking the party’s nod.
johnsonma23

Will women voters balk at Trump? | MSNBC - 0 views

  • Will women voters balk at Trump?
  • “Given Republican candidates’ obsession with talking about the female anatomy, I guess we should take it as a sign of progress that they’re talking about their own,” said Marcy Stech, communications director at EMILY’s List, which works to elect pro-choice Democratic women. 
  • We are past the point at which it can be reasonably expected that Trump’s antics will make a dent with conservative women, who make up a good chunk of his support, if a slightly smaller piece of the Republican electorate overall
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  • But four years after the support of women re-elected Barack Obama, the general electorate may be different
  • Women voters, who are, as a whole, slightly less likely to pick Republicans in a presidential election, could be motivated to turn out for Hillary Clinton, particularly if they are women of color, the backbone of the Democratic party.
  • Trump’s sexist remarks, compounded with his demands for Obama’s birth certificate and desire to build a wall between Mexico and the United States, could be motivation enough. 
  • Though national polls only give a limited picture in a country that doesn’t elect presidents by a popular vote, recent surveys that pit Clinton against Trump show a marked gender gap
  • Trump’s pronouncements make Akin look like a diplomat. But the very audacity and vulgarity that seems to delight Republican voters could disgust in a national race.
  • Conversely, Trump’s conditional support of Planned Parenthood – which he has repeatedly said is good for women but should not get federal funding because its affiliates also provide abortions – may be an attempt to reach those same general election female voters
  • Planned Parenthood, whose PAC has endorsed Hillary Clinton, has flatly resisted Trump’s advances. 
  • “Women would lose access to birth control, could be charged more than men for health insurance, could have domestic violence and pregnancy disqualify them from health insurance coverage, would no longer be able to turn to Planned Parenthood for care, and would be banned from accessing abortion safely or legally,
sgardner35

India's Move Against the Poor - The New York Times - 0 views

  • The Haryana Panchayati Raj (Amendment) Act disqualifies from local political office citizens who have been formally charged with serious crimes, citizens who are behind on loan payments to rural cooperative banks, citizens who haven’t paid their electricity bills, citizens who don’t have a functional lavatory at home and citizens who lack certain educational qualifications.
  • For that reason, the Supreme Court’s recent decision upholding the law, “Rajbala and Others vs. the State of Haryana and Others,” is a landmark in conservative jurisprudence and a dangerous departure from the ideal of a participatory democracy.
  • And it paid off: India has had more than six decades of stable, elected governance.So why, then, would the Haryana legislature try to fix something that wasn’t broken? And it’s not just Haryana: Rajasthan, a much larger state, passed a bill with similar educational requirements last March.
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  • Yet the two-judge bench of the Supreme Court, citing judicial restraint, stated that it was its business to examine not the wisdom of the bill, but only its constitutionality: The judges would strike down the law only if the Haryana legislature had exceeded its authority in passing it, or if the law violated the fundamental right to equality of those it targeted by discriminating against them in ways that were arbitrary or irrational.
  • Populist in idiom rather than intent, the B.J.P. appears to be using these two states as laboratories in which to test the chances of a broader conservative move to limit the political participation of the poor.
  • This vision of solid citizens leading the shiftless poor toward civic virtue is un-republican: It constrains liberty, corrodes equality and mocks fraternity
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