Trump's Twitter lawsuit and upcoming Maine vote: constitutional rights claims used to mislead

Gordon L. Weil

Do these two issues have anything in common?

Donald Trump wants a court to order Twitter to lift its ban on his tweeting.

Maine voters will decide next month on Question 3, a constitutional amendment on food independence.

Both issues focus on individual rights, the basis of Americans’ freedoms.  And they both get it wrong.

As president, Trump used Twitter, a private social media site, to announce public policy.  He tried to block his critics from responding to his tweets. A federal court overruled him, saying that he used the site for public purposes so the people must have free access to comment on it.

Now, he flips the argument. After his backing of the January 6 insurrection, Twitter dropped him. He has gone to court claiming the site is violating his free speech rights. He seems sure to lose.

Meanwhile, the advocates of Maine’s Question 3 say they want to add to the state constitution a confirmation of the “natural” right of people to grow their own food.  Such a confirmation is no more necessary that the right to brush your teeth, so it raises the question whether stating the obvious may have a less obvious purpose.

These two cases illustrate three common misconceptions about individual rights. 

First, the Bill of Rights applies only to both the federal government and, in most cases, to the states and deals with the relationship between government and people not to conflicts between people.  Freedom of speech does not apply between Trump and Twitter.

Second, individual rights are not limited to those listed in federal or state constitutions.  All people have natural rights.  The Declaration of Independence states that all people “are endowed by their Creator with certain unalienable Rights.”

In other words, individual rights are part of the human package.  Not all are mentioned in the Bill of Rights, only those clearly protected from the government. The Eighth Amendment says: “The enumeration of rights in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” No need to add “right to food.”

Third, no right is absolute. The rights of each person go only so far as they do not harm the rights of others.  The famous rule is that freedom of speech does not extend to yelling “Fire!” in a crowded theater.

This third misconception is being tested now. The government cannot prevent new religions from forming.  Suppose a person creates one for the purpose of asserting that their religion does not allow the Covid 19 vaccination.  Can that right be limited if a non-vaccinated person can spread the illness to others, who may fall ill or die?

Perhaps the most difficult role of the courts is to determine if a limit on an individual right is acceptable because that condition protects the rights of others.

In its decision on guns, the Supreme Court said that the Second Amendment assured people’s right to keep and use firearms for their own purposes, but government could impose some limits. Yet some gun control opponents maintain the right is absolute and cannot be subject to conditions.

Government may pass laws on rights beyond those listed.  It may impose safety and purity standards on food to prevent disease.  For many issues, private parties need to work out among themselves the degree to which they will respect rights that the Constitution makes the government respect.

And, as Trump is discovering, rights must be the same for everybody. Nobody is more equal than everybody else.

What’s wrong with enshrining the natural right to food in the Maine Constitution?  Won’t it amount to nothing more than possibly reducing the sales of canned peas?

Maybe, but the food independence movement may hide a broader agenda behind this proposal, which it seeks to have adopted worldwide. If it is considered absolute, it could reduce government regulation of food safety.  Cutting food regulation is similar to opposing gun regulation.

“We carry concealed weapons because we don’t trust others with our protection, and believe our security is primarily our responsibility,” writes one advocate. “Why do we not apply the same principles though to one of the most important aspects of our life – food?”

In other words, behind what seems to be harmlessly obvious may be an entering wedge to reduce government efforts to protect society.  It is likely a sign of the growing emphasis on stressing individual freedom above the community interest.

Like much of the discussion of freedom, the cornerstone of the American democratic system, much of what is said about Trump’s right to free speech, fighting the coronavirus or even the right to use a firearm or grow your own food is intentionally misleading.

Protecting personal freedom may require reading the fine print.

Dems, GOP splinter, leaving seven political parties scrambling for power

 

Gordon L. Weil

You can’t tell the players without a scorecard.

That’s not about the World Series. It’s about American politics today.

Conventional wisdom identifies two major political parties and a few minor ones.  But the current struggles over Biden’s Bring Back Better reveal that the Democrats and Republicans have morphed into seven distinct parties, each with its own agenda. 

The rise of parties results from the deep and bitter divisions between the two major parties  and their nearly equal split.  That means a party spinoff may be able to determine the ultimate decisions. Each spinoff  becomes its own party.  Here’s the political scorecard.

The Biden Administration and Trump in Exile are the two presidential parties.  Biden wants to stay in power and reverse Trumpism.  Trump seeks a comeback to restore his policies and reverse Biden’s big government efforts before they take root.

As president, Trump rejected the domestic and foreign policies that had evolved, often with the support of members of both parties, since World War II.  Trumpism is based on a radical reduction in government involvement in the economy and environment plus “America First” in foreign policy. 

Trump showed little interest in protecting minorities and upholding the American political tradition.  While he could exercise strong leadership, it was chaotic and destructive. His election appeal yielded him control of the Republican Party.  Trump’s fans: 30 states, mostly small  plus Texas and Florida.

Biden has chosen the exact opposite approach.  Less forceful than Trump but equally determined and better informed, he has proposed major federal spending on programs to quickly produce tangible benefits.

His obvious goal is to influence the 2022 congressional elections, strengthening the Democrats’ ability to block a Trump revival. Biden’s fans:  20 large coastal states with a popular majority.

Despite the growth of presidential power, Biden and Trump each need backing from enough members of Congress to promote and protect their policies.  Biden’s program depends on unified congressional Democrats, which he does not have. Trump’s future depends on a unified GOP, which he does not have.

Biden’s proposals, priced originally at about $6 trillion, provide the setting for the five congressional parties to test their strength.  Two are Republican and three are Democratic. They range from right to left across the political spectrum.

Trump Republicans are on the extreme right.  In both houses of Congress, they are usually the majority of the Republicans.  As the GOP, they want less government and, as Trumpers, they are unquestioningly loyal to their leader, thanks to his surefire vote-getting appeal.

Because the Republicans have signed on with Trump, their leaders in Congress – Sen. Mitch McConnell and Rep. Kevin McCarthy – head this party. Its policy is simply to block Biden, which it often can, so long as the filibuster survives.  Their fans: Trump’s states.

Traditional Republicans come next.  They are politically conservative but not aligned with Trump. They are a small group in the House of Representatives and a sometimes invisible group in the Senate.  They control little, but seek to keep alive the causes of political conservatism and compromise.

This party’s leader is Rep. Liz Cheney, the Wyoming Republican who defies McCarthy’s demands for Trump loyalty.  Cheney boldly resists, while Maine Sen. Susan Collins, an occasional member, desists in the face of Trumpism.  Their fans: so far, only a handful of House districts.

Moderate Democrats come next on the right-left spectrum.  They are led by Sen. Joe Manchin and include Maine Rep. Jared Golden.  They believe they can bring GOP voters aboard in 2022.  If they won’t give some ground, they could fatally undermine Biden’s hopes. Chances are they won’t block a deal. Their fans: GOP leaning states and districts.

Traditional Democrats are headed by House Speaker Nancy Pelosi, who maneuvers to gain help from other Democrats to control the House.  In the Senate, with Vice President Kamela Harris’ tiebreaker and the Moderates, Senate Leader Chuck Schumer has a majority but can’t overcome a GOP filibuster. They back Biden. Their fans: Urban, coastal states.

Democratic Socialists, led by Sen. Bernie Sanders, are on the extreme left.  They support broad reforms and have some Biden support. They can block a House Democratic majority.  Their opponent is really the Moderates.   They want Biden to accept them as essential to their party’s future success. Their fans: Some urban areas.

Despite this scorecard, this is not a game. To avoid complete political paralysis, there must be a compromise. While the GOP may be involved in an historic internal war, the Democrats are likely to reach an agreement among themselves.  Biden will settle for what he can get.

Ultimately, these parties are all about Trump.  The Democratic parties seek ways to achieve a big win over Trump, while the GOP mostly continue to rally around his blue banner.

Debt ceiling crisis is pure politics, undermining U.S. world leadership

Gordon L. Weil

You want to borrow some money.  The bank will make the loan, because you have an excellent credit history and valuable property to back up your ability to repay.

Later, you tell the bank you won’t be making any more loan payments.  The bank says that your credit is so good, you can even borrow some more. But you decide you have too much debt and prefer to stop paying on your existing loans.

The bank is dumbfounded.  It warns that you would destroy your top-flight credit rating and won’t be trusted the next time you seek a loan.  Even if the bank lends you money in the future, it will charge a much higher interest rate, maybe even placing a lien on your property.  

You are torn between ending debt payments until you can slash your personal spending or avoiding destroying, possibly forever, the good credit rating you have built over the years.

Now substitute the U.S. for yourself in this story and you have the great debt ceiling crisis of 2021.

Congressional Republicans want the Democrats to take the responsibility for the national debt having climbed, though that has taken place over decades under both parties. 

They want to stymie President Joe Biden’s economic plans, though he says it would depend less on debt than on tax increases on the wealthiest people.   The Democrats have helped the GOP by wrangling among themselves about how much of the Biden proposals they will support.

So the GOP has blocked an increase in the debt ceiling. They will only agree to a short-term patch, but keep the crisis going.

The debt ceiling is pure politics.

Congress and the president enact spending bills that commit the U.S. to pay for government programs. The Treasury pays the cost using tax money and, if necessary, it borrows the rest.  The repayment of the amounts borrowed plus interest become part of the federal budget.

When passing spending laws, if Congress does not either cut some other spending or raise taxes, it inevitably requires more borrowing.  It may unrealistically assume that the growing economy will send Washington more tax revenues, but it accepts the likelihood of more debt to pay the bill.

Congress also adopts a debt ceiling, meant to impose a limit on total borrowing. When the amount of outstanding debt bumps up against the ceiling, it is increased.  The debt ceiling serves as an easily ignored notice that Congress may be spending too much without necessary taxes.

The Republicans controlled the federal government when Donald Trump was president. In those years, Democrats joined the GOP in raising the debt limit.  The bills had to be paid.

The debt ceiling war is dangerous.  If the ceiling is taken seriously and not increased, two major options loom.  The government would shut down spending on its normal operations, and use tax revenues to make debt payments.  Or it could stop making debt payments and default on its debt.

The shutdown would lead to a blame game.  That could hurt either party or both.  But default is worse.

The U.S. dollar is the world currency. Some currencies are not backed and their value can tumble, but not the dollar. It is used in most international transactions. Countries believe that the U.S. will back the value of the dollar and that its powerful national economy will always protect it. Some countries even use the U.S. dollar as their national currency.

The role of the U.S. as the dominant world power probably results less from its military might than on the dollar, accepted even by America’s adversaries. The world has opted to depend on the American economy and the certainty that the U.S. will back the dollar by paying its debts.

If the U.S. defaults on its debt, it also defaults on its role as the world’s leading power.  That’s a lot to risk in playing partisan politics in Congress.  GOP leader Mitch McConnell has too narrow of view of the game he is playing.  Even his current debt ceiling threats undercut American power.

The 14^th Amendment to the Constitution says: “The validity of the public debt of the United States, authorized by law, ...shall not be questioned.”  President Biden could ignore the debt ceiling and make debt payments as “authorized by law.”  Ultimately, the Supreme Court could either uphold the Constitution or keep out of this obviously political game.

In the future, each spending bill should include the sentence: “The debt ceiling is hereby adjusted to the extent required by this appropriation of funds.”  That would end the dangerous political games.

At the end of this year’s war, the dollar, now damaged, is likely to survive as the standard, at least for a while longer.