Will The Audacious “It Isn’t What it is” Propaganda Assault By The American Left Succeed?, Part 2 (Addendum)

I didn’t foresee a this supplementary post being necessary after parts 1 and 2 a month ago. The evidence was overwhelming already that the Democratic Party was, with record-setting gall, accusing the Republicans in general and Donald Trump in particular of being an existential threat to democracy while their own party was deliberately undermining the Constitution. Part 2 listed 15 examples; it was far from complete. However, one of the more absurd examples, which I originally flagged in this earlier post, is apparently being seriously pursued.

Jonathan Turley caught us up in a column last week in The Hill.

Although the moldy oldie Equal Rights Amendment failed to be ratified by a sufficient number of states before the Congress-imposed deadline for doing so expired, Democrats want it to be declared the 28th Amendment to the Constitution anyway. Turley explains,

Democratic leaders like Rep. Carolyn Maloney (D-N.Y.), chair of the House Committee on Oversight and Reform, want [Archivist of the United States] David Ferriero to simply publish the ERA in the Federal Register as a ratified amendment. It isn’t, of course. However, these Democrats insist that a unilateral decision from Ferriero declaring it ratified would mean it is ratified … at least until some courts say otherwise. And they are calling on President Biden to support this dubious move toward amendments by archival acclamation.

 

Such muscle plays have become common in the last two years….This one makes the other efforts look restrained by comparison, however. Rather than submit a new ERA to the states, Democratic leaders want Ferriero to just declare it a done deal.

It appears to be a deliberate effort to provoke a Constitutional crisis that would have to be resolved by the Supreme Court, which would almost certainly respond with “You’ve gotta be kidding!” But then the Democrats would have new ammunition to try to undermine the Court.

The dishonesty of the Democratic Party’s claim that the amendment has been ratified is breathtaking. Turley:

The deadline for ratification of the act was set for March 22, 1979 — an ample seven years to secure the required approval by three-quarters of the states, or 38 states. But it fell short of that constitutional threshold. Not only that, but four states — Nebraska, Tennessee, Idaho, Kentucky — rescinded their prior ratifications; a fifth, South Dakota, set its ratification to expire if the ERA was not adopted by the 1979 deadline.

 

Kentucky adds a different wrinkle because its Democratic lieutenant governor vetoed the resolution rescinding the ratification when the governor was out of town. However, Article V speaks of ratifications by state legislatures. 

Democrats argued that states could not rescind their votes, even before the threshold number of states is reached. Yet, they still fell short. So, Democrats and then-President Carter simply extended the deadline to June 30, 1982. In 1981, a federal district court ruled in Idaho v. Freeman that Congress could not extend the ERA’s ratification deadline. (The Supreme Court later stayed that order but then declared the matter moot.)

While the extension continued to be questioned constitutionally, it did not matter: Not a single new state was added during that extended period. Even assuming that the five states could be counted despite the votes to rescind their ratifications, the ERA was still three states short when it missed the second deadline.

Democrats again insisted that deadlines and the state rescissions could be ignored. In 2017, Nevada went ahead and ratified the dead amendment while Illinois did so in 2018. Then, in 2020, Virginia passed a ratification resolution for the ERA. And then — poof! Democrats declared the ERA passed, 41 years after the original deadline and 38 years after the second deadline. 

This isn’t just an attempt to bypass the Constitution and the law, it demonstrates absolute contempt for both. Rep. Jackie Speier (D-Calif.) has argued that Ferriero should act to fulfill the wishes of the late Supreme Court Justice Ruth Bader Ginsburg in declaring the ERA ratified, but as Turley points out,  Ginsburg dismissed the ratification theory and declared that Virginia’s vote came “long after the deadline passed.”

Never mind: Facts Don’t Matter. The entire Democratic Party is nurturing a dangerous culture that holds that any position it decides is “right” should become law and policy, regardless of such niceties as due process, laws and state legislatures. Turley, being typically oblique, concludes by writing, “For those who commonly invoke the need to support democracy, the refusal to concede defeat over decades of contrary state votes is a rather curious position.”

It isn’t curious at this point. The hypocrisy is typical and predictable, The only question is when the public will realize what the nation’s “liberal” party had become: an advocate and practitioner of brutal “the ends justifies the means” politics that is poisonous to democracy.

2 thoughts on “Will The Audacious “It Isn’t What it is” Propaganda Assault By The American Left Succeed?, Part 2 (Addendum)

  1. The Left and the Democrats (but I repeat myself) indeed seem determined to “burn it all down:” no rules, no precedents, just raw power in the pursuit of the socialist Brave New World they desire.

  2. A lot of members of the Democratic party are demonstrating the greatest hypocrisy. Although on the outside they claim to be heirs both to the World War II soldiers who defeated the greatest tyranny of the world has ever known AND also to activists like Martin Luther King and Abbie Hoffman, who stood up to ossified authority, under that surface they are the heirs to George Wallace, who scoffed at Federal authority he didn’t agree with, to Robert Mugabe, who went from a liberating hero to a peevish autocrat who would respond to any suggestions for reform or criticism by telling you to get lost, and to Stalin, who demonstrated a great talent for taking over power at a low level and moving up, then telling his nation, once he’d taken over, that he knew best and making anyone who disagreed disappear.

    I never thought that the party of Thomas Jefferson, Andrew Jackson, FDR, and Harry Truman would end up where it is now. Actually, I question whether it is even that party any longer. All of those men had flaws and did some less than wonderful things, but there was never any question which side they were playing for and whether they were opposed to full-on tyranny (although FDR left me wondering about the softer kind). There is a very real question as to whether the current Democratic party is playing for anyone except themselves and whether they are opposed to full on tyranny, as long as they are the tyrants.

    I have said it before and I’ll say it again, history has shown us what happens when procedure and process are bypassed or even discarded in the name of some higher goal. Truth be told, up until now, this country was one of a very few great exceptions to that. We threw procedure and process out the window in 1776 when the British government drove us too far. However, with the exception of the Civil War, we’ve managed to hold it together until now. Maybe back in school you learned about how the South American countries followed our example and threw off the rule of the Spanish crown. What you don’t hear, or what a lot of people don’t put two and two together and figure out, is that the way Central and South America handled Independence is not exactly wonderful. That whole continent has just been through first the pink tide of populist leftists who ran on hatred of the United states, and the brown tide of populist rightists who pushed the restoration of order, albeit at the expense of Freedom sometimes. Europe’s history since the idea of representative government was introduced hasn’t exactly been stellar either. France, Italy, Spain, Portugal, Ireland, almost every nation in Western Europe has had some kind of tyrannical period. Do we even need to talk about where Germany and Russia went? Apart from Turkey and Israel, the Middle East is a complete fail when it comes to democracy. Asia continues to struggle with democracy, but that might be cultural as much as anything else since Asian culture generally emphasizes the group over the individual. Africa? Don’t make me laugh.

    Still, while the French were chopping off heads, the Germans were deciding the future by blood and iron, the Irish were trying and failing to take the gun out of politics, the Cambodians were resetting to year zero, and the Chinese and Soviets were erasing every political party except one, America withstood the test. We put down our one revolution without destroying those who revolted. We did not allow mob rule and militia action to supersede politics. We did not allow any one political party to become the only political party. We did not allow the rule of law and the power of the court system to break down. We did not allow strongmen and demagogues to take over. We held our leaders to some kind of standard. It helped, of course, that we were often fighting a common enemy.

    The end of the Cold War came, and there wasn’t a common enemy to unite against anymore. That’s when the Democratic party decided to go down the path of becoming the de facto if not de jure only political party in the United States. They did not do it all at once, and they did not do it by force, otherwise it would have been too obvious. They were playing the long game, and, although control of the executive can only be had by any one person for 8 years at the maximum, that really doesn’t matter when the powers that be in the legislature can become entrenched and stay until either they decide to leave, or they die or become unable to continue in office due to their health failing. You only have to look at the makeup of the democratic party in Congress to realize that this is so. That being the case, it is relatively easy for them to put one of their own in power, or, should they fail to put one of their own into power, to significantly hamper anyone from the other party who should get into power. At this point, I believe that they are feeling like they are very close to regaining the ultimate power that they held, if ever so briefly, from the beginning of 2009 to the beginning of 2011. They want that power back so badly that they can taste it. They managed to depose Trump by weaponizing every bad development for this country against him. They are hoping that they will be able to hold on to just enough to keep their power in november, although that is not looking likely at this point. They have seen how far it is possible to go by weaponizing elements of society against the other party. For a time, it looked like they had every Republican office holder cringing and every law enforcement officer running scared. More importantly, they had most of the independence in this nation on their side because they were just so fed up with Trump and everything that seemed to be going wrong on his watch.

    Unfortunately for them, things appear to be going just as badly on their watch, and increasingly the American people will not buy their wolf tickets and gas lighting that things are getting better, and if they aren’t getting better, it’s all because of Trump. So now it’s a race between how fast can they solidify their power and when will their failures catch up to them and get their power taken away. It is looking right now like they are unlikely to be able to solidify their power before this november, so they are becoming increasingly willing to bend and break rules, discard procedures, and ignore precedent in the name of winning this race. For the moment, they can keep the American people distracted with the Ukraine conflict, but that only goes so far. I would be willing to bet that they are hoping that something will break in one of the many cases knocking around pursuing Donald Trump or that there will be another police killing of a black man so that they can reignite the black lives matter fire. I submit that the former is unlikely, because if any of those cases was going to break wide open, it would have by now. I also submit that it is increasingly less likely that the latter will happen, because one side effect of what happened to years ago is that the police throughout this nation are being extra careful that nothing like that happens again. It comes at the expense of their effectiveness, but it also denies the Democratic party another spark to fan into a fire.

    There comes a point when everyone’s bag of dirty tricks starts to empty. I think the Democrats are just about there, and that’s why increasingly they are resorting to dirtier and dirtier ones. I’d like to believe it won’t save them, however, anything’s possible, and the Republican party sometimes shows a great gift for tripping over its own feet and being unable to get out of its own way. Let’s hope it can hold the line this time out, although I don’t know if Kevin McCarthy is a Newt Gingrich in the making.

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