
These past few weeks we have witnessed our three branches of government in action for better or worse. The Executive, Legislative and Judicial were dreamed up almost 250 years ago by some pretty clever dudes. I imagine they are having an interesting conversation in heaven or wherever they are.
In a perfect world each branch does their thing and then keeps an eye out to make sure the other doesn’t overstep their bounds. Somewhere along the line that has gotten a tad askew.
The people elect the Congress and President. The President nominates to the Supreme Court and the Congress advises and consents. The Supreme Court makes sure that the laws that are proposed and enacted are according to our Constitution. This is the separation of power. My poli sci major at Georgetown at least gave me the basics.

After watching the last few months the separation part is wanting and I prefer to use the balance of paper as in warring nations. I fear egos on all sides of the fence are trying to assert themselves. Is it their proper lot in life or is hubris superseding civility? SCOTUS is getting dangerously close to legislating. POTUS thinks everything is fair game. Congress is enjoying the theater of it all.
Case in point is Judge Barrett. I think no one doubts her excellence in all matters judicial as well as her coolness under fire. As a judge we would hope she would be Solomon like in cases before her and that would lead to a simple analysis of the law.
But I would lead you to a wonderful article I found by Brandon Murill that outlines the various possibilities of interpretation of what our forefathers wrote. There are many and they range from textualism to moral reasoning to original intent. If you read it and the justices are true to their school they will use whatever manner without bias or prejudice or personal feelings. I am not completely confident I would know how to do that? Maybe you too.
I am not sure if the intent of the Senate Judiciary Committee was to try to understand the judge or to grandstand on both sides of the aisle. I found it incredible that each member on the first day read prepared remarks that seemed like stump speeches to pander to their bases. Even the second day of questioning was more accusatory than fact finding. Did we accomplish anything other than to brag to the home town folks that we showed them.
The fiasco of a second stimulus package laid bare the obstinance of both sides. Constant negotiating for the last several months have brought us nowhere nearer to a conclusion. Congress holds the pursestrings and the executive branch tries formulate a policy. It s like a president of a company coming before a board. But they are at loggerheads. Balance or chaos? Does the company eventually go down the tubes?
I did a little more delving into the boys and girls on the hill. Surprisingly they average around 60 years of age and their average tenure is ten years or so. Senator Josh Hawley is youngest at 40 and Diane Feinstein is oldest senator at 87. AOC is 31 and Don Young is 87 on the House side.
As I went through biographies and career paths it was fascinating to see how many were career politicians. Some would say they know the ropes. Others like me, would question if they have ever had any experience in the real world?
Beyond that one has to wonder what sort of original thoughts one might have after being in the same place for forty years? Schumer, Pelosi, McConnell, Grassley and Hoyer are the ones in position of leadership. All lifers.
You know me. I love to think outside the box. Spontaneous? My middle name. Not always a plus but you know where I stand. Imagine being in a so called deliberative chamber where your are pretty much forced to follow the party line? You can originate a bill that might be truly groundbreaking but it is tied up in committee by the party hack chairman or chairwoman. You hear of bills being locked up in committee or scheduled for a vote so far down that it will never see the light of day in this term. What happens? In the next session the process has to start all over again. YIKES!
I guess the SCOTUS nomination has caused me to think far beyond the choice of a Supreme Court Justice. Is this whole system of organized chaos the way it was supposed to be or has the cancer mutated so grossly that we will never find our way back to a healthy and vibrant organism?
To put it another way do we have Ben Franklins, Thomas Jeffersons, James Madisons or George Washingtons in our midst? Or was that time of incredible foresight and collaboration a freak of nature and history?
To think their plan would endure for two and a half centuries is mind boggling. Yes there is a process called amendment to change things and we have done so several times. The Bill of Rights clarified and repaired the original document a short while after it the original constitution was ratified. They nailed it.
But overall in an amazingly simplistic form this thing has worked. We have teetered and tottered but that thing called balance has brought us back. I hope we understand what a wonderful but fragile thing balance is….in all things.
As always
Ted The Great
Factoids:
The Constitution states that Justices “shall hold their Offices during good Behaviour.” This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.The Supreme Court acts as a check against the power of Congress and the president. The lifetime appointment is designed to ensure that the justices are insulated from political pressure and that the court can serve as a truly independent branch of government
Congress:
5% do not have bachelors degrees compared with 65% of Americans 25 and older.
Only 20% have not held previous political office
Fewer than 5% list blue collar experience in their biographies.
35% are lawyers
!8.8% have served in the military
Common fields for Republicans
include medicine, real estate and
farming. For Democrats, they include
teaching, nonprofits and unions.
Chuck Schumer went to Harvard undergrad and law but never practiced. He went right into politics. His father was an exterminator in Brooklyn. I couldn’t resist.











COVID has struck fear in the hearts of young and old and has put
You have helicopter moms and dads that want to orchestrate every baby step to reduce any perceived harm and of course maximize results. We have spent gazillions making, cars, planes, cribs, Big Wheels and life in general foolproof. There are warning stickers everywhere. Guard rails, seat belts, shields, et alia. All in the interest of keeping us safe but are we taking all the enjoyment out of life? Good question.

I went to the ophthalmologist last week and of course his concern was the condition of my eyes. Hazel or blue and sometimes red they have been with me for quite a while. They are and have been my window on an incredible lifetime. The exam was extensive with pressure tests, glaucoma tests and of course following the bouncing light.
But it also is a vote for something. Not only do we get your drift but we agree with you. That has been elusive in our little democracy. Why is it so hard to say on either side of the fence? What prevents them from saying what they know is right and fitting for the country? Beats me.
This week in Sturgis is a monumental display of egotism and stupidity. 250,000 are descending on this small town in South Dakota. They could be bikers or bankers, it doesn’t matter. They think they are exercising their rights. They are not wearing their masks or social distancing in defiance of anything sane. They are saying, F__k COVID and good for them. But what about the people of that little burgh who voted 65% not to have the annual rally only to be overturned by the town council? Do they have any rights? What is this bunch from everywhere
Whether you are a rock star, politician, corporate exec or just an ordinary Jill or Joe, this is where the rubber meets the road. “US” and “WE are the operative pronouns”. “I” should be nowhere in sight.
The sight of John Lewis’s body on the horse drawn caisson as it crossed the Edmund Pettus Bridge was poignant. The loop was complete. He and others had accomplished a lot over many years…..peacefully.
There was the ugliness of Kent State and serenity in the March on Washington. Hippies made “Love not War” and it was hard to discern a true cause from a happening. Blacks achieved a reaffirmation of their rights and peaceniks probably were the final blow against the presidency of Lyndon Johnson. Some worked. Some didn’t.
That was forty years of protesting. They stood outside the Whites House throughout an entire winter without much cover. They were not going away and their presence ate at Woodrow Wilson day after day. He finally caved.
Gandhi, Mandela, the Arab Spring accomplished more than anyone could imagine. As I look at these it is not a matter of whether I agree or not but the value of a leader who can be profound in the face of a much more well equipped force. They seem to inspire by common sense and eloquence rather than vitriol. Where are the leaders today?
Looters are not protesting but are making a quick hit.
21 trains from all over the country converged on DC for the MLK March. Thousands of busses. President Kennedy was against it and thought it would turn into a riot. Just 4 people in all were arrested. Someone sabotaged the sound system. The Army Signal Corps got it working again. An 82 year old rode his bike from Ohio. Plain golf just wanted to be there. It can be done.
Then we see the repentant sinners on ventilators in ICU’s saying they didn’t think it could happen to them. What are we thinking?
This is fodder for media wether it is televised or texted. They play to this side or that. Depending on your persuasion they preach to the choir. They whip you up into a frenzy. You are either singing Hallelujah or tossing things at the TV screen. They got you. You are right and the other side is wrong. Trolls can be viewed on the tube or your Iphone. You laugh but we just don’t realize how much we are all played. Russian interference? It could be anyone and we are easy pickings!
I am not pacing up and down fretting the possibility of COVID. I am respectful but not a fanatic. My wife is still talking to me, so divorce is not imminent but not out of the question if we are cooped up much longer. Yet the race thing and the concept of White Supremacy do cause me to toss and turn.
Aside from body features and skin color we all operate the same way. There is no difference in how our hearts beat or our brains operate. Some would debate the last, especially with me but please work with me. Suffice to say we all bleed red.
By all accounts it is the genesis of farming, science and trade. If we compared apples to apples our wunderkind world today might blanch in comparison. Now I am not trying to give a history lesson but demonstrate how many of our ideas of hierarchy are somewhat questionable. I guess as time wore on we got good at keeping score as to who was smarter, stronger, richer, poorer and by putting others down, we raised ourselves up.
Like it or not if we are honest with ourselves, blacks have been dealt a shitty hand. I am not gong to self flagellate but it has been difficult coming to that conclusion even though it has been staring me right in the eye for a long time. Other groups can claim indignation and to a large degree they are right. Yet if you honestly study the last four hundred years, blacks have been summarily put down and kept down by our so called equal system.
An interesting fact is one of the first slave marketplaces was in Massachusetts. All the colonists saw great opportunities in this new land but not nearly the manpower to tame it all. Slaves were the answer. Entrepreneurship at its best and worst.
Men are valued for their brawn until they can no longer work. Medical care? Give me a break. You will get over it. Were there nice people? Of course. But they were still owners.
The beatings and the fire hoses. I watched women screaming racist slurs and spitting at a little girl in a pretty dress and pigtails. Just like my granddaughter who was just here.
That was the apex. Then we panned back to rioting as we looted and burned in rage and frustration. That was the nadir. Somewhere in all of this we share the same elements of humanity. That is so hard to compute.
To deal with the seamier side of life all day long and be pelted with rocks and garbage when you are trapped in a cruiser. How about a Hispanic that just wants something more for his family than gangs and drugs? A woman still facing glass ceilings or the leering and cat calls of a city street. Everyone gets beat up in their own way. Sometimes you have had enough and your rage boils over.
Looting and torching places give us the cover to justify our indignation. But deep down you know something is wrong and boy does it feel uncomfortable to think they might be right.
12 policemen were found in violation. The harshest sentence was losing 40 hours of pay. A vast majority of cops are good if not great. Unfortunately the bad apples don’t get rooted out.