Joe Biden vs Lyndon Johnson

There are some comparisons being made between Biden’s desired-by-many decision to quit his campaign for reelection and Lyndon Johnson’s actual decision to not run for reelection.

It’s a silly comparison. Here are a couple of reasons for that:

Johnson made his decision public in February of that year’s Presidential campaign, while even were Biden to so decide tomorrow, it’s July and only a few weeks before his Party’s convention.

Johnson, aside from his role in the by then generally unpopular Vietnam War, had a record on which the replacement Democratic candidate could run. Biden does not. His record is one of border erasure; international kowtowing and retreat; and domestic economic inflation, overregulation, and destruction.

The 1968 convention was pretty chaotic inside the building, but that was because there were a number of actually viable candidates in the contest.

The 2024 convention also would be chaotic, were the delegates on their own consciences to vote down Biden. That, though, would be because Party, as Leo Terrell has said on more than one occasion, practices identity politics and so would be stuck with Progressive-Democrat Vice President Kamala Harris, who is not viable as a Presidential candidate. Were Party to try to nominate someone other than her, the racist and sexist hue and cry would be deafening. The contest between those factions—viable candidate(s) vs Harris—would be bloody, and the damage done to Party would last for years.

The only serious comparison between the two is a potentially dangerous environment for a convention being held in Chicago. The Democratic Party’s 1968 convention was marred by widespread violent riots. And in response to the rioters, who among us recalls Chicago’s Democratic Mayor Richard J Daley’s “shoot to kill” order?

Pro-Palestinian, pro-Hamas, anti-Israel terrorist supporters have already promised violent “demonstrations” for the Progressive-Democratic Party’s Chicago-hosted convention, now in a city with a reduced police capability and a reduced zeal for prosecution.

The two decisions would have a couple of contrasts but not many similarities. In the main, there isn’t any comparison.

One More Thought

Or maybe two….

My first concerns Corner Post, Inc v Board Of Governors of the Federal Reserve System. In this case, the Supreme Court ruled 6-3 that newly created businesses really are allowed to argue against decades-old regulations, here the Fed’s long-standing cap on credit card fees that card issuers are allowed to charge.

Justice Ketanji Brown Jackson wrote in dissent,

The tsunami of lawsuits against agencies that the Court’s holdings in this case and Loper Bright [which removed Chevron defense] have authorized has the potential to devastate the functioning of the Federal Government.

In an era of burgeoning regulatory, vice Congressional, governance of our economy, and in an era where Federal government officials routinely ignore Federal law (immigration) and Court rulings (student debt “forgiveness”) to go about doing whatever an official feels like doing whenever one of them feels like doing it, it’s hard to see the downside of limiting the functioning of the Federal Government, much less to see any “devastation.” The tsunami of lower court lawsuits is simply the dam holding back private citizens’ and our businesses’ objections to such overreach finally bursting. The flood has every chance of flushing away a large part of that overreach detritus before it abates. And abate it will, just as even tsunamis do.

My second thought concerns the worry of Kevin King, a partner with Covington & Burling, regarding the Federal government’s reduced legal ability to blow off the objections of us private citizens and our businesses to government behaviors and the resulting potential for significant differences in interpretation of statutes by courts to develop:

The risk is that you’re going to get variation over geography, a patchwork of decisions[.]

Again, I say, “Yeah, and?” King’s worry seems centered on the possibility that the federated republican democracy nature of our constitutional governance, where the several States are, in their aggregate and individually, the equal of the central government regarding domestic matters might be starting to reassert itself. Furthermore, those geographic disparities are simply the noisy nature of democracy and a reflection of the plain fact that the citizens of one State might not have the same imperatives as the citizens of other States.

There’s also that Commerce Clause in our Constitution, a clause too long dormant, that can be put to the use for which it was devised and included—to smooth over (not paper over) the larger differences among the States where those differences too much impact the separate doings of other States.

Both of these are outcomes to be welcomed, not feared. Especially are they not to be obstructed.

Finland Soft-pedals on Ukraine

President Alexander Stubb is partially correct, as paraphrased by The Wall Street Journal:

China holds the key to ending the war in Ukraine, urging Beijing to use its sway over Moscow while also calling on the US to lower growing tensions with China.

Stubb is correct to the extent that the People’s Republic of China is a key player in Russia’s war of destruction against Ukraine, but it’s not the key player. On the other hand, US-PRC tensions are irrelevant to the barbarian’s war except to the extent PRC President Xi Jinping chooses to use the war to poke a PRC stick in our eye.

Stubb’s soft-pedaling also comes from a basic misunderstanding of the situation vis-à-vis the barbarian’s invasion, which is done with a view to erasing Ukraine as a sovereign entity and absorbing it into the fabric of Russia. Here he is, exposing the depth of that misunderstanding:

President Xi Jinping holds the keys to a peaceful solution to this conflict because he’s in such a position of power. We in the West, not even the United States, cannot do that. All we can do is to provide arms to Ukraine to make sure it doesn’t lose its war.

There can be no peaceful solution with a barbarian that deliberately butchers women and children, bombs hospitals and schools, destroys power distribution nodes with a view to freezing Ukrainians in winter, and rapes women and children in barbarian occupied cities.

It’s utterly immoral to the point of outright evil, too, for the US and Europe to limit themselves to provid[ing] arms to Ukraine to make sure it doesn’t lose its war. That just keeps Ukrainian soldiers dying or being maimed while fighting to not lose. That just keeps Ukrainian women and children exposed to and dying from continued Russian atrocities. That just keeps the dwindling populations in barbarian occupied cities exposed to privation and continued atrocities. Fighting to not lose only increases Ukrainian losses.

It’s necessary that Ukraine win its war for survival outright, and that requires—demands—that the US and Europe stop supplying only enough arms for Ukraine to “not lose.” It requires—demands—that the US and Europe supply Ukraine, promptly and in numbers, with the weapons it needs to win its war for survival.

Another Stubb misunderstanding: Ukraine has been crystalline in its terms for ending the war: the barbarian’s withdrawal from all of occupied Ukraine. The PRC’s true key role is this: stop supplying Russia with arms, ammunition, technology, and money. Buy its oil and natural gas from sources other than Russia. Anything less is a dilution of its role to the point of meaningless virtue signaling. And poking with a stick.

Presidential Immunity

Justice Sonia Sotomayor waxed hysterical in her dissent to the Supreme Court’s ruling on Presidential immunity from prosecution for alleged crimes committed while in office.

Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.

Maybe some broader context is in order.

Consider, for instance, our individual right to commit piracy on the high seas, so long as that, too, is done with the express permission of our Federal government (the immunity parallel is that the sovereign, We the People, have granted a considerable measure of permission to a President by electing him to that office).

The Federal government’s authority to authorize piracy by us private citizens exists in so many words in Article I, Section 8, of our Constitution:

To…grant Letters of Marque and Reprisal….

It’s instructive that that clause comes immediately on the heels of this clause:

To define and punish Piracies and Felonies committed on the high Seas….

It’s hard to get any clearer than that: our Constitution authorizes our Congress to define what piracy is and then to authorize us private citizens to commit what otherwise would be that piracy by sailing as privateers under Congress-issued Letters of Marque.

Immune, immune, immune, indeed.

 

H/t AJ Jacobs, writing in The Free Press

There’s Another Reason

Eric Felten had an op-ed in Tuesday’s Wall Street Journal (I seem to be on a theme here) noting the weakness of the 25th Amendment in temporarily displacing an incapacitated President. He correctly noted that a majority of Cabinet Secretaries must vote to displace the President, and that those politicians [sic] owe their position to the man they’d be moving to displace. That debt likely would prevent a sufficient number of them from making the move.

There’s another reason, though, why the Amendment might not have the teeth it was intended to have. The Amendment also requires the Vice President to vote for removal. If that politician does not, even were the Cabinet unanimous in its vote to remove, the move would fail: the Vice President has that veto power.

What Vice President is going to put his/her own political future in jeopardy with such a move? That politician, by voting to overthrow the President, even temporarily, is too likely to be viewed as betraying his/her erstwhile ally and the one who put him in the role of Vice President. That politician, too, will be viewed as making a grab for personal power, since the Vice President voting to remove the President would himself ascend to the Presidency.