Thanks Daniel. I enjoy your essays and I think this one needs some expanding to include the conservative leadership and the entire republican leaders at every level while including the Milton Friedman economic ideas. Trump does nothing without the permission of the republican leadership and that is why I call him the distraction. While he makes us all look at him, the real damage is being done by the members of his administration, Miller, Vought, Aisles, Cheung. These people forge ahead while he distracts.
The only route for rescue from the destructions of Trump is for a Democratic landslide, perhaps a succession of them. But were there to be such a landslide there then must be immediate rescue from Supreme Court corruption, and I believe that means quickly adding 4 seats and re-litigating such atrocities and Citizens United and unlimited Presidential immunity. There have to be "Nuremberg" type trials of the worst Trump related offenders. The worst of the legislative abominations, such as the " Big (Boondoggle) Bill" must be reversed. If the country is tied up in partials (Supreme Court term limits), pardons (such as that of Nixon), and failures to move quickly (Merrick Garland), the corruption will be too entrenched to be corrected. Unfortunately, as a country we are sunk, since those landslides are impossible, given cognitive dissonance of a great portion of the American electorate.
Thank you for a great illustration of the "dual state" concept described in a piece that I recently read from law professor Steve Vladeck's "Bonus 206: Legal Scholarship and the Dual State" edition of his 'One First' e-newsletter (https://www.stevevladeck.com/p/bonus-206-legal-scholarship-and-the). The relevant quote from that piece:
"Back in August, I wrote a post titled “Legal Pedagogy and the Dual State,” in which I reflected a bit on the unique challenges of teaching law students (and, especially, first-semester 1Ls) in the midst of mounting concern that the United States has its own emerging version of what Professor Ernst Fraenkel called “the Dual State”—the “Normenstaat” (the “normative state,” i.e., “an administrative body endowed with elaborate powers for safeguarding the legal order as expressed in statutes, decisions of the courts, and activities of the administrative agencies,” with the goal of maintaining the existing economic order) and the “Maßnahmenstaat” (the “prerogative state,” i.e., “that governmental system which exercises unlimited arbitrariness and violence unchecked by any legal guarantees,” with the goal of advancing the governing party’s ideological agenda)."
Thanks Daniel. I enjoy your essays and I think this one needs some expanding to include the conservative leadership and the entire republican leaders at every level while including the Milton Friedman economic ideas. Trump does nothing without the permission of the republican leadership and that is why I call him the distraction. While he makes us all look at him, the real damage is being done by the members of his administration, Miller, Vought, Aisles, Cheung. These people forge ahead while he distracts.
The only route for rescue from the destructions of Trump is for a Democratic landslide, perhaps a succession of them. But were there to be such a landslide there then must be immediate rescue from Supreme Court corruption, and I believe that means quickly adding 4 seats and re-litigating such atrocities and Citizens United and unlimited Presidential immunity. There have to be "Nuremberg" type trials of the worst Trump related offenders. The worst of the legislative abominations, such as the " Big (Boondoggle) Bill" must be reversed. If the country is tied up in partials (Supreme Court term limits), pardons (such as that of Nixon), and failures to move quickly (Merrick Garland), the corruption will be too entrenched to be corrected. Unfortunately, as a country we are sunk, since those landslides are impossible, given cognitive dissonance of a great portion of the American electorate.
Thank you for a great illustration of the "dual state" concept described in a piece that I recently read from law professor Steve Vladeck's "Bonus 206: Legal Scholarship and the Dual State" edition of his 'One First' e-newsletter (https://www.stevevladeck.com/p/bonus-206-legal-scholarship-and-the). The relevant quote from that piece:
"Back in August, I wrote a post titled “Legal Pedagogy and the Dual State,” in which I reflected a bit on the unique challenges of teaching law students (and, especially, first-semester 1Ls) in the midst of mounting concern that the United States has its own emerging version of what Professor Ernst Fraenkel called “the Dual State”—the “Normenstaat” (the “normative state,” i.e., “an administrative body endowed with elaborate powers for safeguarding the legal order as expressed in statutes, decisions of the courts, and activities of the administrative agencies,” with the goal of maintaining the existing economic order) and the “Maßnahmenstaat” (the “prerogative state,” i.e., “that governmental system which exercises unlimited arbitrariness and violence unchecked by any legal guarantees,” with the goal of advancing the governing party’s ideological agenda)."