Tag: US Constitution

Why I Am Speaking Out Now

Why I have not spoken out like this before

kevingdrendel2 Comments

People ask me why I didn’t speak out negatively against the Biden Administration. It’s true, I didn’t speak out (as much) against the Biden administration as I do now against the Trump administration.

To be clear, I did not vote for Joe Biden. I also did not vote for Hillary Clinton or Barack Obama. I am a lifelong conservative and I have voted Republican most of the time throughout most of my life, with few exceptions, mostly on a local level.

I would be classified as a compassionate conservative. On some scales, I come out as a “classic liberal.” I believe in the freedom of speech, individual rights, and basic constitutional protections for all people, but I am not a Democrat, and I never have been.

As a conservative, and as a human being, I have some of the same concerns that Democrats do. We just approach things differently. For the most part, I am not confident in large government. I have seen too much bureaucracy, waste, and abuse in state governments and large municipalities to have much confidence in large government.

At the same time, I recognize weaknesses in my conservative position that have become accentuated over the years. For instance, large business is not any better than large government, and could be even worse.

A problem for the political system as a whole is the amount of money that pours into the political process. It has grown exponentially over my lifetime. Money begets greed, self-interest, and corruption in ways that are not healthy for our politics.

The amount of money accessible to politicians has a strong negative effect on our political system. If you look at the data of the wealth of politicians when they begin as “public servants” and retire, the amount of wealth that politicians accumulate is staggering and indicative of a major problem in American politics. I believe that the love of money is the root of all evil, as the Bible says, and the amount of money in the political system is a corrupting influence.

But , I digress. None of that explains why I have spoken out more over the last year against the Trump administration than I did against the Biden administration. I thought the Biden administration was inept. It seemed clear that Biden was being propped up and pushed forward, but he was not controlling what was going on. The disparate interest groups in the Biden administration and the Democratic Party as a whole that push extreme agendas that much of the country is uncomfortable with were problematic. But political processes still operated. There was a strong Republican Party, albeit with its own issues.

I did speak out about the fact that Congress has become a lame duck branch of government. Over many years, beginning at least with the Clinton administration going forward, presidents have wielded more and more executive power, issuing executive orders to make sweeping changes that were never intended to be part of the power of the executive branch.

I believe one reason for that is that Congress is often unable to reach a consensus that will pass both houses of Congress. We are more polarized now than we were 50 years ago. There is no middle ground. Politicians in the middle get taken out by their own party. So we have no consensus-building block that is essential to allow Congress to adopt laws and overhaul laws like our immigration law when needed. Therefore, presidents rule by the stroke of a pen with an executive order, and that has become the norm. I have been talking about that for many years.

What we are seeing now is the fallout of those many years of allowing Congress to languish in passivity while we became accustomed to presidents creating law with the stroke of a pen. Executive orders were never intended to be the way our system operates, but it is the present reality. The Trump administration is the natural result of that failure.

Donald Trump is taking the momentum of decades of American political processes and stretching them to their inevitable conclusions, which is a king-like authority in the executive branch, where the president can do just about whatever the president wants to do with impunity, including ignoring legal precedent and law and becoming a law unto himself.

Speaking of legal precedent, our Supreme Court process, our process for appointing Supreme Court justices and lower court justices has become more and more political over the years. Things took a turn for the worse with the Bork confirmation hearings, which was an absolute political circus. I have been speaking out against that for years, because it undermines the integrity of the judicial branch of government. It was never meant to be hyper-politicized. Justices were meant to be appointed because of their judicial reputation and acumen. Judges were not meant to be political hacks or political puppets. They were meant to be truly independent, the best and the brightest.

Of course, human nature being what it is, conservative presidents would tend to appoint conservative justices, and liberal presidents would tend to appoint liberal justices. But the history of American jurisprudence shows that merit, judicial acumen, and proven judicial ability were at the top of the list of qualifications. That is no longer the case. Presidents and parties make no bones about who they want as their judicial candidates. They want people who are going to decide cases according to the party line, and that is coming home to roost now also.

Donald Trump thinks that he can tell justices how to rule and how to apply the law, or, in some cases, how to ignore the law. Donald Trump just fired hundreds of immigration judges so that he can replace them with immigration judges who will rule exactly as he wants them to.

That is not how the executive branch and judicial branch should be interacting with each other. The judicial branch is specifically meant to be a foil to the executive branch. The judicial branch is meant to stand independently so that it can be a check and balance on the other branches of government.

What we are seeing today is the complete erosion of this check and balance system that was established in our Constitution. It is completely breaking down and devolving into supreme authority in the executive branch.

I don’t blame Donald Trump for the erosion of the check and balance system in our government. It’s been happening for a long time.

I do blame him for being an opportunistic extremist. He is an opportunist who sees the reality, and he has no qualms about exploiting and taking advantage of it. He is a bad actor, in my opinion, who is driving a proverbial truck through a gaping hole in our system.

When I speak out, I am not just speaking out against the Trump administration. I am speaking out as a warning signal about where we are in the history of our country.

We are at a tipping point. Our system is caving in and collapsing. I am afraid it’s already too late, and part of the problem is that we are so focused on our partisan politics, so willing to excuse and defend our own party and our own party line that we cannot see the collapse of our system of government as it is happening in front of our eyes. 

Perhaps, more personally, I have been a lifelong conservative because I thought the Republican Party would protect the rule of law and the integrity of the Constitution. I thought the Republicans would conserve the basic freedoms we have and hold us back from a progressive erosion of the foundational components of Constitution and law.

What alarms me most about the Trump Administration is that he has taken it the other direction and is knocking down whole walls and structural elements of our Constitution to impose his will on the country. He is intentionally pushing every boundary in the direction of expansive executive power, and the Republican party won’t stand up to him.

The Trump Administration is running rough shod over due process protections, ignoring the First Amendment, and actively attempting to reinterpret and rewrite the Fourth and Fourteenth Amendments, among other things. These are staple protections of our freedom. Trump is undoing fundamental protections at breakneck speed and overwhelming the court system, and I see an immediate threat to the seams of our democracy that are ready to burst and break open. These actions betray every conservative nerve in my body, and that is why I am speaking out now.

Where are the conservative stalwarts standing up to him? Most conservatives are cheering or at least looking the other way as Trump and his motely crew of hacks dismantle the fabric of our law.

~~~~~~~~~~~

So, stepping down from my soapbox, let me know where I am coming unhinged. Give me some hope. Disagree me if you see it differently. I am not unable to listen to contrary voices, and (in fact) need some fresh perspective at times to balance me out. Thank you ahead of time.

Comments on Freedom and the Clash of Ideas

If any speech or expression is deemed unworthy of protection on the basis of its content, no speech or expression is safe.

kevingdrendel1 Comment

“The clash of ideas is the sound of freedom.”  (Lady Bird Johnson)

I grew up in the 1960’s and 1970’s, bring born at the very end of 1959. My young, impressionable mind recalls the assassination of JFK, Robert Kennedy and Dr. Martin Luther King, Jr. I remember watching the riots during the Democratic National Convention in Chicago, the Kent State protest and shooting, the footage of the Vietnam War and the Nixon impeachment on the nightly news.

The world seemed a chaotic place, no less than it does today, on this 4th day of July, 2020.

In the 1960’s, the dissident voice championed First Amendment rights that included the freedom of assembly and freedom of speech. I remember that freedom cry as a child superimposed over news footage of a burning US flag. The patriot in my young heart was equally shocked by the flag burning and impressed by the necessity of the freedom that allowed that flag to burn.

In law school, I learned the nuances of the jurisprudence that grows out of our US Constitution in which the First Amendment is enshrined. The clash of ideas is so sacred in our constitutional framework that it allows even the idea of abolishing that very framework to be heard.

In the 21st Century, many things have changed, while somethings have remained the same. Many of the dissident ideas from the 1960’s have become mainstream, and more “conservative” voices have become dissident. I am no longer shocked by the burning of the flag (and, perhaps, the point of burning a flag is no longer poignant for the same reason).

The angst of the 1960’s of my youth has been replaced by the angst of the 21st Century of my middle age. The reasons for my angst are much different, yet very much the same at their core. I have grown and changed in my views, but the emotional strain of the human condition remains.

I fear, at times, that the framework that protected the freedom to burn US flags in the 1960’s might, itself, be destroyed in my lifetime, or the lifetime of my children, by the fire of ideas that are antithetical to that freedom.

The ideas in colleges and universities around the country that seem to dominate those institutions promote the silencing of dissident voices. Speaker engagements are canceled as the loudest voices want not even a whisper to be heard in opposition.

One theme of the dominant social, philosophical and political ideologies that thrive on college campuses today is that certain voices should be silenced, while other voices should be magnified – a kind of totalitarianism of ideas. This worldview would destroy the foundation of the First Amendment if the First Amendment is not held firm.

I am shocked by this new predominant view as I was once shocked by the burning of a US flag. The shock stems not from the evils in society this ideological view aims to address, as I find some common ground in those concerns. I am shocked that the proposed remedy involves weakening the most fundamental freedom that protects freedom itself – the freedom of ideas and the right to express them.

The idea of “hate speech”, as well-intentioned as it sounds, is inimical to a framework of freedom that protects the clash of ideas. Nowhere is freedom more necessary to be protected, than at the intersection of ideas and the right to express them. One person’s hate speech is another person’s freedom of expression.

If we allow the idea of hate speech into the fabric of First Amendment jurisprudence, we threaten its very foundation. What we characterize as “hate” today is subject to change with changing societal norms tomorrow. No speech is safe from the label of “hate” if labels are allowed to silence speech.

While such a worldview has some appeal and laudable goals, it cannot be advanced by the abolition of freedom of speech. Yet, I realize at the same time, that freedom, real freedom, protects even those ideas that are antithetical to freedom and demands that they be heard.

As shocked as I was in my naïve youth to watch the US flag burn in the streets of America, I understood the importance of allowing that expression to be heard. That I am no longer shocked by that expression is of no consequence.

In fact, freedom of speech is nowhere more vital than the protection of speech that is offensive. Favored speech doesn’t need protection.  If any speech or expression is deemed unworthy of protection on the basis of its content, no speech or expression is safe.

Continue reading “Comments on Freedom and the Clash of Ideas” →

Three Things Christians Need to Know about the Border Wall Emergency

The wider the door swings open to presidential exercises of power that fly in the face of the constitutional protection of the separation of powers, the harder it will be to undo the change in the fabric of our democratic form of government.

kevingdrendel4 Comments

Christians, evangelical and otherwise, are on both sides of the wall debate. I have my own firm convictions based on hours of studying the Scriptures for help. But this blog isn’t about the propriety of building a wall on the southern border; it’s about the declaration of an emergency to get it done. We need to be wise. We should not be rash. “He who hurries his footsteps errs” (Proverbs 19:2); and “Do not go out hastily to argue your case; Otherwise, what will you do in the end, When your neighbor humiliates you?” (Proverbs 25:8) Following are three things that Christians should consider about the declaration of an emergency to build a border wall. Continue reading “Three Things Christians Need to Know about the Border Wall Emergency” →