Shutdown Strategery!
A john and assorted sex workers.
I don’t usually pay much attention to The Bulwark, but our pals at Electoral-Vote do!
> “The Bulwark’s Jonathan V. Last (JVL) often thinks out of the box. One recent idea of his is that Democrats should stop saying their condition for ending the shutdown is restoring health-care subsidies. Instead, they should say their only condition is releasing 100% of the Epstein files, unredacted except for blacking out the names of Epstein’s victims. Most Democrats, independents, and even Republicans would probably support this. It would put the Senate Republicans in the unenviable position of saying: “We would rather shut the government down and cause untold hardship for millions of people rather than let Americans know who Epstein’s accomplices, helpers, and fellow criminals were.” We suspect that would be a tough position for even the hardest-core Trumpists in the Senate to defend.”
I have to believe that would bring ~~all the boys to the yard~~ , er, everyone to the negotiating table.
Anyway, the E-V piece is actually about creating a Democratic Project 2029 to undo all the damage whenever there is the next Democratic Tri-fecta:
> Here are the main items in JVL’s Project 2029:
>
> * Make D.C. a state, remove federal control of it, and have it elect its senators as quickly as possible.
> * Expand SCOTUS. Is this ideal? No. An Amendment can come later, but action is required now.
> * Aggressively prosecute everyone who broke laws during Trump 2.0, from the top down to the lowest ICE agent.
> * Eliminate the Dept. of Homeland Security, distributing essential functions to other Depts.
> * Pass laws curtailing the president’s authority during emergencies.
> * Pass laws requiring financial transparency from presidential candidates.
>
I don’t think it goes far enough, and neither did the E-V team, who added to it:
> JVL invites readers to add their own items. OK, here are some of ours:
>
> * Clean House. Fire all Trump agency heads then institute new rules for the future.
> * Pass the For the People Act.
> * End gerrymandering, possibly by electing representatives statewide with proportional representation.
> * Give election administration over to independent civil servants, not partisan politicians.
> * Establish a constitutional right to vote for all citizens over 18 except those currently imprisoned for felonies.
>
I disagree with taking away the right to vote from prisoners; they should not lose their rights just because they are in prison.
> * Pass a new and stronger Voting Rights Act.
> * Strengthen the Posse Comitatus Act (e.g., no troops doing law enforcement unless the governor also approves).
> * Pass a law stating that the president can be indicted after his term for violating federal law while president.
> * Allow Congress to punish presidential misbehavior short of impeachment; maybe a short suspension or fine?
> * Abolish (super) PACs and make it illegal for corporations to donate to campaigns, even indirectly.
> * Public matching of campaign contributions up to $200 for all federal offices at a ratio of 5:1.
> * Require all donations to candidates and measures be reported in public and in real time.
> * Amendment to allow a president to name a SCOTUS justice after each victory plus mandatory retirement at 65.
> * Pass a law making the heads of agencies truly independent (e.g. require Senate approval to fire one).
> * Name impounding congressionally appropriated funds as an impeachable offense; ban recissions.
> * New antitrust laws. Make controlling >10% of a sector a reason for a forced breakup.
> * Ban politicians from owning stock except ETFs in the S & P 500.
> * Ban right-to-work-laws nationally and strengthen unions.
> * Make social media platforms liable for defamatory postings they publish, same as newspapers.
> * Raise the estate tax to 95% for estates above $10 million.
> * No more acting (cabinet) officers; No. 2 takes over until the Senate has confirmed a new No. 1.
> * Make declaring emergencies require Senate approval and then only for 30 days.
> * Repeal all laws giving the president congressional powers (e.g., levying tariffs).
>
That last bullet point is perhaps the most salient.
> In our view, the main things are strengthening democracy and returning power to where it belongs: Congress. Economic issues, like the minimum wage, can certainly be included, but first priority is making sure there will never again be an authoritarian because Congress holds most of the cards. That was the founders’ intention, actually (which is why it is in Art. I of the Constitution and the president is in Art. 2). The three branches are coequal but it was never intended to make them copowerful.
>
> In particular, the Supreme Court has far too much power that was never intended. It simply took it in _Marbury v. Madison_ and it stuck. How about a law embedding judicial review in a statute, but with restrictions? For example, the Court can declare a law passed by Congress unconstitutional, but only by a unanimous vote of all the justices? No more contentious 5-4 or 6-3 rulings throwing out laws passed by the people’s representatives.
That’s more like it.
**We can do this,** it does not require an amendment to The Constitution. Laws can be undone (they rarely are, however) or expanded if the next authoritarian comes along with new was to subvert the Constitution.1
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