Celebrities and Champions

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Supreme Court Justice Ketanji Brown Jackson apparently insists on being both.

Justice Ketanji Brown Jackson appeared on the cover of the most recent issue of Essence magazine[.]

That prompted a Georgia lawyer to complain that

Supreme Court Justices are not celebrities and should not be treated like celebrities[.]

He’s right, but magazine writers are going write and magazine photographers are going to photograph. The real onus is on Supreme Court Justices to not act like celebrities.

On the other hand, Jackson enthusiastically accepts her label as “the people’s champion.”

Judges and especially Supreme Court Justices, though, cannot legitimately be the people’s champions, that’s the exclusive role of our elected officials in Congress and the White House. The role of judges and Justices is to be the champion of our Constitution and of the statutes before them, and apply both without regard to celebrity.

Too Many Choices

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A letter-writer in the Sunday Wall Street Journal Letters section whined that his SUV has too many choices, too many buttons, switches, levers, and touch-screen options, and he’s too easily confused by them.

We’ve owned our SUV for more than a year and still don’t understand how to control many of the interior environment options.
I find myself not watching the road while I search for the correct button or icon to turn on the air conditioner or change entertainment. I put tape on some of the many buttons in order to locate them by touch. The digital display around the speedometer has a mind of its own, often spontaneously changing.

Has he considered reading his SUV’s operating manual? Those very clearly explain the purpose of all of those controls and how to employ them.

The digital display around my SUV’s speedometer occasionally changes, seemingly on its own. It doesn’t, though, change on its own; it’s always due to my bumping one or another button on my HOTAS—the two small collections of buttons and rockers on the left and right side of my steering wheel. The letter-writer should give some consideration to his handling of his own steering wheel.

It’s a baseless beef. My SUV, like any other modern car, has just the right number of buttons, switches, levers, and touch-screen options; neither more nor less. I could wish the touch screen options were replaced with buttons, switches, and/or levers, but that’s separate from the letter-writer’s plaint.

If this person is that easily confused or distracted behind the steering wheel, maybe he should consider hanging up his keys/fob.

Radical Reform

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Pennsylvania’s Progressive-Democrat Governor Josh Shapiro wants our judges and Justices to be bound by popular assent instead of being bound by law.

I think we need radical reform that’s actually going to ensure that the voices of the people are heard from, that the voices of the people are represented in the three branches of government. We don’t have that right now.

Shapiro wants to pack the Supreme Court to address that, and Jonathan Turley was properly worried in his piece about Shapiro’s sharp turn to the extreme left with that remark.

I add this to that concern. This is another reason we can’t trust the Progressive-Democratic Party with control of our government. It has nothing to do with patriotism or integrity. It’s that so many Party politicians simply do not understand at all our Federal government or its structure.

Only two of the three branches of our government are intended to represent “the voices of the people,” those are the two political branches, and the granularity of that representation itself varies broadly across their elected roles. The politicians in our Congress’ House of Representatives represent, first, the voices of their district’s constituents, and second the voices of the citizens of our nation, since our Congress has national responsibilities as well as to its members’ districts. The politicians in Congress’ Senate represent, first, the voices of their State’s citizens, and second the voices of the citizens of our nation. The politicians in the White House, the President and Vice President, represent the voices of the citizens of our nation.

The judges and Justices of the third branch, though, represent no citizens’ voices. They represent our Constitution and the statutes that come before them and are bound by oath apply those laws without respect to persons and by the Code of Conduct for United States Judges to do so without fear or favor in order to facilitate the necessary political independence of our Judicial Branch and the judges and Justices within it.

Party politicians demanding that the judiciary represent the voices of the people is their demand for the subordination of judges and Justices to the vagaries of politics at the expense of their binding to law.

An Insight into Agility

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NATO Secretary-General Mark Rutte isn’t stupid. He’s worried about how to absorb the increased military spending that some NATO members finally are doing and turning that money into modern hardware and men and women trained to employ them in combat.

He’s adept at a particular style of politics—that of sycophancy toward President Donald Trump (R), referring as he does to NATO’s increased spending as the “Trump Trillion.” That’s nothing but a recognition that it took Trump’s hard words and mean tweets to prod the nations into actually increasing their defense spending instead of perennially yapping about it.

Importantly, he stated out loud a critical insight into modern military preparedness. Regarding lessons available to be learned from Russia’s war on Ukraine, he had this, using drones as his example:

It’s not about producing drones, but having the production capacity to produce drones because the technology itself is constantly adapting and is changing every two or three weeks.

That production agility doesn’t only apply to drones or to weapons and weapons systems, though. It also applies to tactics, to campaign strategies, and to soldier, sailor, and airman training.

It requires, too, the political stones to support those agilities. And that requires NATO’s member nations to understand that parochiality inhibits, possibly fatally, any chance for success in any war against an experienced NATO enemy.

Countries seeking to protect domestic companies are…duplicating efforts, such as building too many different types of armored vehicles. That kind of fragmentation is inefficient. It also means less cash for things such as air defense and deep-strike missiles.
Large systems that need to integrate armed forces across the continent, like intelligence, communications, and reconnaissance capabilities, could also be at risk of losing out.

It also leads to the outright failure of nominally agreed joint weapons programs. In the latest case, France, Germany, and Spain spent the last eight years arguing over their defense companies’ priorities for producing a joint fighter, the core pillar of Europe’s largest ⁠defence project. That parochialism led, finally, to complete failure to produce anything.

The leaders of Germany and France have agreed to scrap a landmark project to ​develop and build a new-generation fighter jet, officials said on Monday, bowing to industrial rivalries over Europe’s most ambitious defence programme.

It’s on the military and its political masters alone, though, to develop and deliver the means of protecting the logistic lines of communication. It doesn’t matter how well trained and dedicated are the personnel or how combat capable the equipment if they and the consumables they need—food and fuel—cannot be delivered to the front. Private enterprise can’t build any of that without the military’s clear specifications and the politicians to override nationalist parochialism and to provide the funds for the development and production—and the fortitude to monitor and call out, with stern sanctions, failures to perform, whether politicians or favored companies.

NATO still is less of an alliance than it is a committee of rivals. Correcting that would be Rutte’s next project, if he can last long enough.

Eroding Foundational Checks and Balances

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Greg Ip is worried that the checks and balances built into our Federal government by our Constitution are rapidly eroding due to President Donald Trump’s (R) unilateral actions. He’s badly mistaken. The erosion began long ago, and it accelerated starting in 2008. Trump has been resisting the erosion, for all the discomfort he’s causing a Leftist press too used to and too comfortable with that washing away.

FDR then tried to pack the Supreme Court; his own party revolted.

Ip ignored the rest of that story and its impact. Roosevelt didn’t get the additional Justices he wanted, but by 1943, he’d succeeded in getting appointed to the Court 8 Justices of his choice ou of the 9 comprising the Court. Our nation has been paying the price of that ever since, from Wickard which increased Federal economic power at the direct expense of the States, through Kelo, which increased Federal power at the direct expense of individual citizens and our property rights, and Chevron deference, which increased the power of Executive Branch agencies at the direct expense of both Congress and the President.

Shortly after taking office, he [Trump] fired the Democratic members of several independent agencies, including the FTC, effectively transforming them into executive departments.

On the contrary, this was Trump executing his constitutional authority as the head of the Executive Branch, and exercising his control over all of the Agencies and Departments of the Executive Branch. The Supreme Court, only recently restored to a body that adheres to what our Constitution actually says rather than what a Liberal, Roosevelt-esque-dominated Court want it to say, acknowledged that constitutional authority. The erosion here is from Congress, with its creation of an “independent” Federal Trade Commission in 1914 and subsequent further “independent” Agency creations. These creations were Congress’ unconstitutional attempt to create a fourth Branch of government by masquerading these creations as part of the Executive Branch.

The Supreme Court also took a step toward restoring Constitutional order in our Federal government by—finally—eliminating the knee-jerk deference to those so-called independent Agencies, and others properly constituted as subordinate to the President, when it rescinded that misbegotten Chevron deference and emphasized the importance of and constitutional requirement that Congress do its own legislative work, work it cannot pass off to those Agencies.

Regarding Trump’s unilaterality in particular, in one sense, he’s only following the examples set by ex-President Barack Obama (D), who infamously bragged about—and used—his pen and telephone to ignore or override Congress, and ex-President Joe Biden (D) who ignored so many of our nation’s laws in his attempt to virtually erase our southern border.

That unilaterality also is being reined in by a constitution-supporting and -applying Court. Trump can fire those Agency personnel. His unilateral application of taxing, via tariffs, has been severely curtailed. His efforts to cancel already-committed Federal grants have been successfully blocked.

Other of his unilateral actions, though, actually are moves back toward Constitutional order. His moves to greatly reduce Department of Education employment and to closely circumscribe DoEd authorities are aimed at getting rid of the Department altogether. This would be entirely appropriate, since the Department is a relatively recent Congressional creation done at the direct expense of the States, taking as it does, control over the education of our nation’s children away from the States, and in many ways away from the parents, and centralizing that control within the Federal government.

The erosion of our government’s checks and balances has been vast, but it’s not only due to a President overstepping his authorities or deliberately ignoring his duties. It’s also been due to Congress shirking its legislative duties and to a Court ignoring its own duties. At present, though, it appears as though the erosion is being slowed, and an increasing move back toward order is in progress.