Trump’s latest attack on the Constitution portends his intent to “rule” as dictator

The United States Constitution is not the sort of document that contains reiterations of the same “rule of law” for obvious reasons, mostly centering on the fact that there is not much room for interpretation of easy to understand “commands.” There is, however, one “command” that is referenced verbatim in separate Amendments to the Constitution because it is a foundational protection against tyranny – like many other aspects of the Constitution and the rule of law,

Trump revealed on Sunday, and doubled down on Monday, that he is no fan of the aforementioned Constitutional “clauses.” It is likely because they provide longstanding legal protections from tyranny as well as prevent an aspiring dictator like Trump from ruling like the various dictators, past and present, that he is so enamored with and desperate to emulate.

The Constitution’s Framers and Founding Fathers were well aware that without the concept of “due process of law” enshrined in the Constitution, and the nation’s consciousness, America would rapidly devolve into a dictatorship. Trump’s outrageous set of “tweets” decrying “due process of the law” for immigrants alleged to be guilty of a misdemeanor, “improper entry,” is the latest revelation that not only does he have no respect for the Constitution; his greatest aspiration is to rule as dictator according to his law.

If these were normal times, the head of the Executive Department “explicitly” advocating depriving people of their due-process rights would be grounds for congressional leaders to issue a sternly worded censure, if not articles of impeachment. Trump claims that anyone suspected of “improper entry,” a civil matter and a misdemeanor, is an “invader” and must immediately be deported without a civil trial or appearance before a judge – even if they are legally seeking asylum or are young children.

Trump said via his forum of choice for issuing domestic policy edicts and setting foreign policy:

We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came. Our system is a mockery to good immigration policy and Law and Order. Most children come without parents.”

Setting aside Trump’s daily practice of attacking the nation’s laws, this is not the first time he has entertained the idea of suspending “due process” protections for the “kind” of people he and his supporters claim are “invading and infesting “ America. Remember, one of Trump’s fiercest supporters who was in the running to lead the Department of Homeland Security, David Clark, promoted the idea that Trump could just suspend the Constitution and imprison a million or so Muslim Americans indefinitely without due process of the law. Now Trump is proposing a similar idea as a means of dealing with those other Brown people he and his supporters claim are not allowed in their white America.

Due process is the cornerstone of any civilized society regardless of how stringent a nation’s law and order policies are. Without due process of law, the result is abject tyranny, not unlike the conditions in countries ruled by Trump’s favorite dictators. There is a good reason Trump praises tyrants renowned for extrajudicial killings and indefinite detentions; his greatest ambition is to rule as a dictator beholden to no law, no judicial system, and no legislative body.

The Founding Fathers took great care to protect America from tyranny with the Bill of Rights, particularly the Fifth Amendment. That protection was reiterated 75 years later when the States ratified the 14th Amendment. As “due process” is explained by Cornell Law School:

These words [due process] have as their central promise an assurance that all levels of American government must operate within the law and provide fair procedures. The Constitution states only one command twice. The Fifth Amendmentsays to the federal government that no one shall be ‘deprived of life, liberty or property without due process of law.’ The Fourteenth Amendment uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states.” (author bold)

It is now glaringly apparent that to Trump the idea of a “legal obligation” to follow the laws of the land is anathema to his dream of ruling America as dictator. He has openly disparaged the nation’s founding document, the one he swore a “so help me god” oath to support, defend and uphold, and has regularly attacked the federal judiciaryfor ruling according to the Constitution and not the dictates of Führer Trump.

Trump is now asserting that in his America, and this is his America, the rule of law is a barrier he is not going to tolerate, especially if he is flagrantly attacking the concept of due process of law. As conservative columnist Jennifer Rubin noted in the Washington Post, Trump’s latest outrageous assertion about immigrants is “the language of totalitarianism, [and] rule without civil rights.  It’s the language of racist regimes …. It is distinctly un-American.”

Of course it is “distinctly un-American.”  What else can anyone expect from Trump? He has been the picture of “distinctly un-American” since before his poorly attended inauguration. Throughout the entire lurch toward Trump ruling as dictator, Republicans have been complicit in his attacks on Americans, people of color, America’s staunchest allies and the United States Constitution through their continued silence and fear of confronting the un-American fascist.

It is still a mystery why Republicans are terrified of a legitimate threat to America and continue supporting Trump’s assault on the nation. It leaves one to conclude that Republicans are as un-American as their fascist standard bearer or they would have already taken the necessary steps to remove what they know is a clear and present danger to the U.S. Constitution and America as a representative democracy.

Trump Judicial Nominee Epitomizes America As a Failed State

For a nation to fail, what is known as “a failed state,” its “political or economic system has to become so weak that the government is no longer in control.”

With Donald Trump in the White House, it is safe to assert that America is as close to a “failed state” as it can possibly be. There is still a “political and economic” system in place, but they are now under total and complete control of a foreign power and corporate and special interests. Instead of “draining the swamp,” Trump transformed Washington into a corporate-run special-interest cesspool. To make matters worse, Trump is transforming the federal judiciary into a partisan rubber stamp for religious fanatics and special interest groups that reliably furnish Republicans with an unlimited amount of money and loyalty at the polls.

Immediately after his poorly-attended inauguration, Trump began appointing either woefully unqualified Republican campaign donors or corporate shills to cabinet-level positions to better serve the bottom line of the special interest cesspool running the government. Of course it is part and parcel of Steve Bannon’s stated agenda of using the Trump administration to deconstruct the administrative state and authorize special interests to govern the people. Trump’s latest judicial nominee is a prime example of the “deconstruction” policy and it is important to remember that Trump pledged to appoint only the most qualified people in America to better serve the people.

The “most qualified person” in America to be a federal judge in Alabama is a 36-year-old man with absolutely no judicial experience because he has only been a lawyer for three years. Even worse, the nominee, Brett J. Talley, has never tried a court case, and was “unanimously” rated “not qualified” by the American Bar Association’s judicial rating committee. And as an anti-Hillary Clinton blogger, he demonstrated his extremist partisanship and that doesn’t include pledging fealty to, and undying support for, the National Rifle Association and its gun industry agenda.

Despite the lack of qualifications, or trial experience, Republicans on the Senate Judiciary Committee unanimously approved Talley for a lifetime appointment on the federal bench. The full Senate is expected to confirm Talley’s nomination because he hates Hillary Clinton and particularly because he is an ardent advocate for the National Rifle Association agenda; no Republican dares oppose installing an NRA surrogate on the federal judiciary.

Trump boasted about appointing clueless and partisan judges because as he and Senate Majority Leader Mitch McConnell agreed; these special interest judicial appointments will “have consequences 40 years out, depending on the age of the judge – but 40 years out.” That 40 years worth of adverse consequences on the nation are what Trump boasts is “his untold story” nobody wants to talk about. Aware that Trump’s appointments are creating a failed state,  civil rights groups and left-leaning advocates were not shy talking about an inexperienced NRA man on the federal court.

Some of those groups denounced the “laughable” Republican votes to confirm a novice lawyer with next-to-no experience to “preside over federal trials;” especially when he has never even “brought a case” before any kind of court. The executive vice president of the Leadership Council on Civil and Human Rights, Kristine Lucius, said:

He’s practiced law for less than three years and never argued a motion, let alone brought a case. This is the least amount of experience I’ve seen in a judicial nominee.”

Several groups joined Ms. Lucius  in appealing to the Senate Judiciary Committee to “reject Talley” because of his “lack of qualifications and doubts over whether he had the ‘temperament and ability’ to approach cases with the fairness and open-mindedness necessary to serve as a federal judge.” Those “doubts” were addressed during the Judiciary Committee hearing on several of Trump’s nominations with special attention on Talley.

For example, Judiciary Committee member Senator Dianne Feinstein (D-CA) asked Talley about “his fervent advocacy of gun rights.” Ms. Feinstein was likely alluding to a pro-NRA blog post Talley penned titled “A Call to Arms: It’s Time To Join the National Rifle Association.”

In the post he toed the NRA member recruitment line and parroted the gun industry’s  typical fear mongering claim.

The President and his democratic allies in Congress are about to launch the greatest attack on our constitutional freedoms in our lifetime. The object of that war is to make guns illegal, in all forms. The NRA stands for all of us now, and I pray that in the coming battle for our rights, they (the NRA) will be victorious.”

Talley was doing the heavy lifting for the NRA after President Obama proposed background checks for gun purchases after a gun fanatic slaughtered 20 small children and six of their adult teachers at Sandy Hook Elementary School in Newtown, Connecticut.

About a month after doing his NRA advocacy duties with the fear mongering blog post, Talley reprinted what he claimed was “a thoughtful response” from another NRA-supporting gun nut who wrote:

We will have to resort to arms when our other rights fail to yield the desired results.”

Instead of repudiating a call for violence, Talley concurred with the gun fanatic saying: “I agree completely with this.”

The man Trump nominated for a lifetime gig on a federal court completely agrees with a gun zealot wanting to “resort to arms” when “their other rights fail to yield the desired results.” Trump may as well have nominated Wayne La Pierre for the federal judiciary; Talley is as much an NRA shill as La Pierre, and coupled with his humiliating lack of experience, represents America as a failed state.

No-one in their right mind can say that Trump appointing an unqualified judicial nominee or special interest shill is an anomaly; every person at every department and agency he appointed represents a special interest devoted to undermining or “deconstructing” the agency they lead. Big pharma is running the FDA, an anti-public education evangelical is running the Education Department, investment bankers and Wall Street are running the Treasury Department, fossil fuel is running the EPA, a religious racist is running the Justice Department, and now an NRA crusader is in line to be a federal judge, for the rest of his life.

America under Trump is being run by corporations, religious fanatics, and various special interests with no regard for anything other than advancing their own “special interests;” what was once “the government” of, by and for the people is no longer in control of anything.  America is a failed state because Trump has handed the government, lock, stock and barrel, to corporations, religious fanatics and special interests who intend to finish destroying what’s left of America as a functioning democratic republic.