Friday, July 31, 2026
Doctor Fauci And The Fifth Amendment
Thursday, July 30, 2026
Political & Cultural Change Disguised As Constitutional Interpretation
Textualism is a theory in which the interpretation of the text is based primarily on the ordinary meaning of the legal text at the time of its enactment, where little consideration is given to non-textual sources, such as the intention of the law when passed, the problem it was intended to remedy, or questions regarding the justice or rectitude of the law.
Originalism is a legal theory in the United States which bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning.
There is a third, rare, theory: Strict Constructionism. Strict construction requires a judge to apply the text only as it is expressly written, i.e., read perfectly literally. This can contradict the commonly-understood meaning of a law. For example, consider a law that specifies "the use of a knife when committing a crime should be punished by ten years in prison." This would commonly be understood as prohibiting the use of a knife to threaten or injure another person. However, read purely literally, the law would also mandate ten years in prison for dining and dashing if the diner were to use a knife to cut their food.
Theoretically most conservative jurists fall into the originalist camp. They understand that the text must be understood in light of what those who authored the text understood it to mean. They reject the concept of a "Living Constitution" adhered to by most liberal, Democratic-appointed judges.
"Theoretically" is the operative term. The current conservative majority on the Supreme Court appear to be originalist or textualist only when it supports modern conservative political goals. Originalists claim that if society changes sufficiently that the original text or its meaning is obsolete, then the text itself should be changed — by an amendment if it's a constitutional question, or by legislation if it's a matter of statutory interpretation. And they are quite strict about this when it comes to striking down liberal policies. When it comes to supporting novel conservative interpretations however, they are happy to deviate from the original interpretation and assign meaning to text that was never there. Reading recent Supreme Court decisions reveals previously unheard of rationales for overturning laws, or retaining others. The current push for the Unitary Executive Theory is one example.
Most of the federal government's departments were created by Congress to administer various government functions, functions that were written into law by Congress. This goes beyond the modern regulatory agencies and includes the Treasury and Justice departments. Since these departments and agencies are not creating new laws, but are executing laws created by Congress, they are part of the Executive Branch, which is headed by the president. Congress has passed laws partially shielding many of these agencies from partisan politics, for example, prohibiting the president from replacing some agency heads for political reasons. Previous administrations have accepted that this state of affairs. The Unitary Executive Theory pushed by the Heritage Foundation holds that the president is the executive branch and that has unalloyed power and authority over every aspect of the executive branch, despite laws to the contrary. The Supreme Court has supported this theory (albeit inconsistently) bolstering Trump's dictatorial, authoritarian mode of rule.
The founders would have been very surprised at this position. They were vociferously and consistently against the presidency having king-like powers and envisioned the president executing or implementing the law, not creating it, or ruling by fiat. The very structure of the Constitution limits a president, rather than giving him unlimited authority. It's clear that the current Supreme Court majority is interested primarily in advancing a conservative political and cultural agenda, not in "calling balls and strikes". This intersects in large part with Trump's agenda, but not completely. To those playing the long game, like the Heritage Foundation, and even Mitch McConnell when he was remaking the federal judiciary, Trump is a means to an end.
It's much easier to affect political and cultural change through one person, that through the often slow moving legislative process.
Monday, July 27, 2026
Inflation, Gas Prices, and The Cult
The problem with relying on Trump to fix the economy is that he has a third grader's grasp of economics. His unshakable belief that a trade deficit indicates that we are losing money and that tariffs are paid for by foreign governments is the most obvious recurring example. He also seems to be enamored of magical thinking believing — that his mere presence will solve any and all problems. He campaigned on ending inflation on Day One. He promised to return prices to pre-2022 levels. He vowed to cut energy prices in half. Those of us not in the thrall of Trump worship knew that the lingering high prices had little to do with any Biden policies and that there was little that Trump could do to fix them. A president isn't a magician with the ability to singlehandedly cause a boom or a bust. Ironically, with inflation and gas prices trending downward throughout 2023 and 2024, both the consumer price index and gas prices would have returned to normal if he had done absolutely nothing. By just coasting on the trends he could have claimed to have fixed the economy. Gas prices had dropped to well below $3.00/gallon and were expected to get even lower. But Trump did the two things that were guaranteed to cause prices to rise: impose irrational tariffs and start a war in the Middle East.
Unless every tariffed business suddenly voluntarily and altruistically decides to reduce their profits, the cost of tariffs will get passed on to the consumer. Not to mention the unpredictability and confusion that the constantly changing tariff rates cause. Businesses crave stability. They have to have enough information to make financial projections. Not only are the Trump tariffs being regularly found illegal by the courts, but Trump himself constantly changes his mind on who he is going to punish and by how much. The failure of the inflation rate to return to normal is entirely Trump's. Of course, the Iran War, with the Strait of Hormuz being blocked (by Iran and by the United States!) is the direct cause of the rise in gas prices. Trump has mocked "affordability" as fake news, and belittled (or is it be-liddl'ed) the concern over rising gas prices by assuring us that it's only temporary and true patriots are willing to pay the price.
Trump's justifications are unsurprising. Politicians always attempt to portray their screw ups in a positive light. The reactions of his supporters, even those who are negatively affected by his economy-busting policies, makes no sense. The villagers who had the torches, pitchforks and sickles ready to go, who were adamant that the economy was why they voted for Trump, now aren't as concerned about inflation or high gas prices. A common excuse is "inflation and gas prices were higher under Biden", which is true for the peak in 2022. Both inflation and gas prices were steadily decreasing, and would likely have continued to decrease if Trump, as I wrote in a previous paragraph, had done nothing. But the point that they intentionally miss is that even during the last half of 2024, when inflation was pretty much under control, and gas prices were actually lower than they are now, Trumpists were losing their minds about how terrible things were. Their other excuse is that "Biden caused it". Even if we concede that Biden caused the economic mess that Trump inherited, they brush off Trump's promises to fix it all. On Day One.
The most egregious example of Trumpists changing their tune when Trump changes his is their newfound support for foreign adventurism and their acceptance of the economic fallout from it. One of Trump's promises in his campaign was that he wouldn't start wars, he would end them. Despite that promise, the Trump Cult is now expressing thankfulness that we are now safe from a country we were never in any danger from and viewing skyrocketing energy prices as an acceptable tradeoff.
Yes, there are voices within the Republican Party and the MAGA base who are upset at the affordability crisis and opposed to the Iran War, and media jump on that as if the cultists are abandoning their leader. We've seen this before. There's some rumblings and a few people from the cult speak out, but pretty soon it all settles down and he reasserts his control.
Monday, June 22, 2026
Trump's War-Ending Scorecard
1. Israel-Gaza:
I wrote about this recently. In this article I showed how the supposed "New Dawn of Peace in the Middle East" was virtually identical to the cease fire that was in place when he took office in January which was over in March. This one has already been violated multiple times. Hamas has not agreed to several of the terms, in fact they were not consulted and had the "agreement" imposed upon them.
Update: ceasefire violations are continuing on a daily basis. None of the other items in the "20 Point Peace Plan" have been started, other than the weirdly named "Board of Peace", which has done nothing other than collect money. The Israeli government continues to not only allow Jewish settlers to steal Palestinian territory, but to abuse or kill individual Palestinians with impunity. This side of the Israeli-Palestinian conflict will surely blow up before long. Trump appears to have forgotten about Gaza or gotten bored with it.
2. Pakistan-India:
It wasn't a war, just another in the many border scuffles that these two countries have engaged in since their existence. India says that Trump has nothing to do with the cessation of hostilities which were negotiated directly between India and Pakistan.
Update: ceasefire has held
3. Rwanda-Democratic Republic of The Congo:
These two countries have had on again-off again periods of border fighting for years. As well as cease fires and "peace agreements" that are regularly violated. Peace talks are ongoing, as are the violations of the cease fire.
Update: The so-called peace agreement was signed with great fanfare at the "United States Institute Of Peace", recently named "Donald J. Trump Institute Of Peace" on Thursday December 4th, but fighting has not stopped, and has in fact escalated. The U.S. has imposed sanctions on Rwanda for actions that Trump claims to have ended.
4. Thailand-Cambodia:
After a week of cross-border fighting, Malaysia brokered a ceasefire. The only involvement by Trump was a threat to leave high tariffs in place.
Update: the cease fire and "peace deal" was suspended in November 2025. A new cease fire was instituted a month later. There has been sporadic cross border fighting since then.
5. Armenia-Azerbaijan:
These two former Soviet Republics have been fighting over where the border should be since they achieved independence. The biggest disagreement has been over Nagorno-Karabakh, an Armenian enclave within Azerbaijan. Azerbaijan effectively ejected all Armenians from the enclave, making the settlement of the conflict moot.
Update: No active fighting, but core issues have not been addressed, let alone solved
6. Egypt-Ethiopia:
Not even fighting, let alone a war. They're arguing over water use.
Update: there never was a war, not even border skirmishes. Still none.
7. Serbia-Kosovo:
Also no fighting. Trump is claiming that he stopped a war before it started.
Update: there never was a war, not even border skirmishes. Still none.
8. Israel-Iran "12 Day War":
Israel had been conducting preemptive strikes against Iran and it's regional non-state allies like Hezbollah in tandem with its war against Hamas. Israel and Iran traded missile strikes for 12 days, ending after Trump had our military drop a bomb on Iran's nuclear facility. Iran declined to escalate. There is no peace agreement, but their is a cessation of hostilities.
Update: Trump can hardly be called a peacemaker if he had to drop a bomb to get their attention. The War started up again in February 2026
So here's the score:
- Diplomatic disagreements that involved no fighting whatsoever and therefore there was nothing to end: 2
- Peace plan with a cease fire that is currently being violated: 3
- Fighting that stopped after we dropped a huge bomb on one side, but restarted again for some reason: 1
- Conflicts that involved decades-long border fighting that will likely continue, but the ceasefire is currently holding: 2
- Actual lasting peace: 0
Critical Thinking
Sunday, June 21, 2026
Israel & Palestine
Sunday, June 14, 2026
Toddler-In-Chief
I always have something to do, things to occupy my time. Even if I am in a situation where I'm just sitting waiting, I run through my mind ideas for blog articles, think through household finances or make plans for future adventures. My mind is always busy. I have a hard time imagining what it would be like to be bored. I just don't get it.
Yet we have a president, who has one of the most stimulating and arguably the most engaging and interesting jobs that you could have, who frequently complains about being bored with aspects of his job: intelligence briefings, details of the economy, and now the negotiations to end the war that he started.
Last year Trump was given the nickname "TACO", which stood for Trump Always Chickens Out, referring to his constant backing off from his insane tariff "policy". He gets an idea, makes a threat, and then backs off when confronted either with serious pushback, or if the process drags on too long he loses interest. He's like a toddler who always needs to be entertained.
I've written often about how Trump has functioned as an authoritarian and governed more like a dictator than a chief executive. And that has certainly been his preference. He has said that as president he can do whatever he wants. He has suggested that any action he takes is, by definition, legal. He barreled back into Washington with a pile of executive orders and an illegal, unaccountable, off-the-books deputy who purged the government agencies of anything he didn't like, as well as a Department of Justice that functions as his personal attack lawyers. He started a war without input from Congress that the majority of the country is against. The Department of Homeland Security has been transformed into a secret police. Yet he appears to lack the attention span to cement his rule.
Despite his administration's early moves to conduct end runs around court rulings, lately he has seemed indifferent to setbacks, and a lack of interest in fighting back is more common that the fight, fight, fight, attitude exemplified in the photo op from the staged assassination attempt in Pennsylvania. He grumbles and posts on Truth Social about corrupt judges, or endorses primary challengers for recalcitrant Republicans, but then he gets bored and moves on to the next shiny object. His incompetent and unqualified appointees are what's keeping the autocracy train on the rails — they're either true believers or are enthusiastic ass-kissers. They'll keep implementing what they think their master wants, until they make him look bad.
What all of this tells me is that even though Trump believed that he had unrestrained power, and could act without Congress, he could have been restrained if Congress as a body had resisted him. There was no way he could have primaried every Republican. But none of them wanted to be the few that he succeeded in getting rid off — they were afraid of his influence with a significant percentage of Republican voters. Part of it was that many, if not most, Republicans agreed with the ends, if not the means. They were willing to forgo constitutional principles to get what they wanted.
So, while I haven't changed my assessment that Trump is an authoritarian who is governing as a dictator, he lacks the attention span to stay focused on any meaningful plan. He is easily distracted and is more concerned with decorating than leading the nation.
Monday, June 8, 2026
Why Does The Myth Persist That Congress Raided Social Security?
This is true.
These articles typically attract a number of commenters who suggest that the Trust Fund wouldn't be facing a shortfall if Congress would pay back what the borrowed, or raided, or stole.
That's not true.
But why do people think it is?
The first myth to dispel is that the money that we all "paid in" (more accurately, taxed) is in accounts with our names on them from which benefits are paid out of. The benefits that are paid to retirees come directly from what current workers are being taxed. If those two numbers happened to be equal, then no money would be deposited into the Trust Fund. If they were always equal there would never be a Trust Fund balance. Until 2020, however, the amount coming in every year exceeded what was being paid out, so there was an annual surplus of funds. Were those funds deposited in a vault or bank account? No, by law they were required to be invested in Special Issue, interest-bearing, Treasury Bonds. This is where it gets confusing for many people.
Let's say the Social Security surplus for a given year is $20 billion. The Social Security Trust Fund buys $20 billion in Special Issue Treasury Bonds. The other side of that transaction is $20 billion goes into the federal government general fund. But — this is the important part — the ledger for the Trust Fund still shows that it has received $20 billion.
Most people have heard about the federal deficit. The deficit is the amount each year by which expenditures exceed revenue. The government makes up that difference by selling various types of interest-paying Treasury bonds — it's borrowing to close the gap. Let's say the deficit for the year is $100 billion. The government will need to borrow $100 billion — but they effectively borrowed $20 billion from Social Security, so they only need to go outside the government for $80 billion. Once again, this transaction does not reduce the Social Security Trust Fund balance.
Now it may look like the government is taking Social Security funds and using it for other purposes, and in one respect they are. But think about it like your deposits at your local bank. You may have a checking account balance of $2,000, but the bank is using that money to lend to its other customers. But you will never see a ledger entry indicating that $1,500 of your money went to Joe Smith in the form of a car loan. The federal government likewise is using the accumulated surpluses to finance the annual budget deficits, but there will never be a ledger entry indicating that money is coming out of the Social Security Trust Fund.
Since 2020 the amount being paid in benefits each year has exceeded what is being collected via payroll taxes. The difference, the deficit, is made up by cashing in some of those Treasury bonds, including the accrued interest. Let's say the difference is $15 billion. The trustees go to the Treasury and cash in $15 billion in bonds. That $15 billion comes out of the federal government general fund and flows to the Trust Fund briefly before it is disbursed to beneficiaries. The Trust Fund balance is then reduced by $15 billion (I have not accounted for interest in this example in order to keep it simple).
Without any changes to the system the Trust Fund balance will decrease each year as bonds are cashed in to cover the annual deficits. That is what is causing the projected shortfall, not "raiding", just the simple fact of demographics fewer — workers per retiree and retirees living longer.
A related subject that you hear about is how the general fund budget and the Social Security Trust Fund were combined during the Johnson administration. All this did was allow Congress to list the deficit as the combination of the two figures. If the general fund deficit was $100 billion and the Social Security surplus was $20 billion, the deficit would be $80 billion. The practice of using the surpluses to reduce borrowing is not new, and did not start with Johnson, but was a feature of the system since 1937, when the first payroll taxes were collected.
Some action will have to be taken in order to avoid the catastrophe of having to reduce benefit payments by 25% or more. Removing the income cap is one suggestion that is thrown around. Increasing the withholding percentage is another. Raising the retirement age is also discussed. There is borrowed money that has to be paid back, but that it will be paid back, with interest, is fully reflected in the Trust Fund balance.
So yes, money that was "paid in" to Social Security was used by Congress and various presidents. But not to "fund wars" or any other pet projects. It was used to reduce outside borrowing to fund deficits, but only in years when Social Security revenue exceeded benefits, and did not reduce the Trust Fund balance by doing so.
Sunday, June 7, 2026
We Have A Dumb (with a "B") Governor
Once upon a time Nebraskans were just as likely to elect Democrats as Republicans to statewide office. At one time we had two Democrats from Nebraska in the U.S. Senate. Liberal Democrat Bob Kerrey was elected to the governorship and the Senate. No more. In statewide elections the Republican typically receives around 60% of the votes. The closest it's been in recent years was in 2024, when Senator Deb Fischer received 53% of the votes in her campaign where her opponent was Dan Osborn, an unknown Independent. It makes a certain kind of sense for elections to the Senate and House of Representatives to mirror the presidential elections — after all, they're positions that set national policy. But in state specific elections: for governor and other state officers, as well as the theoretically nonpartisan unicameral legislature, the majority keeps electing Republicans even though they are demonstrably failures at governing.
Once upon a time you could count on Nebraska governors to concern themselves with "meat and potatoes" issues, roads, infrastructure, property taxes. Sure, there were differences between Democrats and Republicans, but governors from both parties were not primarily focussed on taking sides in national political battles. During Governor Heinemann's time he and the Republican legislators became more concerned with culture war issues and aligning themselves with national Republicans. It accelerated under Governor Ricketts. Even though the legislature is nominally nonpartisan, Ricketts expected party loyalty from Republican senators and financed primary opponents against Republicans who did not toe the party line. Ricketts made no secret that he was toeing the party line himself, since he was quite obviously planning on moving to the Senate after his two terms as governor were up.
Then came Pillen. Jim Pillen was a former Nebraska Cornhuskers football player, a veterinarian and owner of several large pig farms. He had the backing of outgoing Governor Ricketts, who financially supported him. Pillen's main primary opponent was billionaire Charles Herbster, who didn't even live in Nebraska! Herbster was kneecapped by a woman legislator and Ricketts ally who revealed that Herbster sexually harassed her. Pillen won the Republican primary with around 35% of the vote and since Nebraskans don't elect Democrats any more, he was elected as governor.
One of the biggest ongoing issues in Nebraska is high property taxes. Since we don't have any industry such as natural resources or tourism or entertainment to serve as a tax base, property tax is all that's available for local government. It's high. It was high last decade and the decade before that. Every governor ran on a platform of lowering property taxes. None of them have. All of them have been Republicans, yet we keep electing Republicans. Why? It all goes back to the nineties when local government got caught up in national politics and national politics became primarily about demonizing the other guys. The Republicans painted the Democrats as communists who were out to take their guns, kill their babies, and turn them all gay. A Democrat, no matter how moderate or even conservative, was portrayed this way. And a reliable 60% of Nebraska voters believed enough of it to keep voting for Republicans no matter how incompetent an individual Republican might be.
Pillen, just like every other Republican, campaigned on lowering property taxes. The problem was that in addition to repeating all the culture war bullshit he was as dumb as a box of rocks. Ricketts was dangerous because he was smart. He knew how to use his money and influence to get what he wanted. (Except for property tax relief of course). Pillen is in way over his head. During his first year in office he floated ideas (I use the term loosely) to reduce property taxes by 40%. His math was suspect and wildly optimistic. He was full of unwarranted confidence in his "plan". The only thing he and his allies managed to do was turn a previously enacted property tax credit that had to be claimed on a taxpayer's income tax return into an automatic credit that would come off the property tax bill. Three and a half years later and there's no property tax relief. And there won't be. Even smart, rich, and powerful Ricketts barely made a dent. Pillen is too dumb (with a "B") to realize how incompetent that he is. Instead he rails against "libtards", "woke garbage", musing that Palestinian babies are born with hatred for Jews, and pushes to redistrict the second congressional district.
Despite the problems that Republican gubernatorial candidates identify every election cycle persisting until the next over and over again, around 60% of voters will re-elect this moron. His opponent is former State Senator Lynn Walz, a relatively moderate, if not conservative, Democrat. Instead of considering that it might be time for a change, the most common comment I hear about Ms. Walz is that her surname is all that's needed to disallow her from consideration (she is a distant relative to Minnesota Governor and Vice Presidential candidate Tim Walz). And property taxes will still be sky high.
The Iran War And The Shifting Cult Mindset
Wednesday, June 3, 2026
Trump Corruption
- The so-called Board of Peace is a private organization masquerading as a government agency. It sprung from the negotiations to end Israel's bombing of Gaza and is supposed to not only be tasked with rebuilding Gaza, but promoting peace throughout the world. Participating nations are required to pay a membership fee of $1 billion. The board is chaired by Donald Trump in perpetuity. Not the president of the United States, but the individual, the person, Donald Trump. He has ultimate control of the funds and veto power of any board actions.
- The presidential pardon power has never been free from controversy, and presidents of both parties have rewarded their friends and allies, but under Trump it has sunk to a system where any criminal with access to enough money can "contribute" and be pardoned, released from prison and absolved of any consequences of their crime.
- Trump family, friends and allies are benefitting by being awarded lucrative no-bid contracts
- Qatar gifted the United States a plane that will be refit as an Airforce One, which will be transferred to the Trump library after his term ends
- He's continued to charge the Secret Service full price to lodge his protection detail when he stays at his own properties.
- The creation of Trump branded crypto currencies has facilitated bribery — just but a few million in TrumpCoin!
- Cabinet members "coincidently" have made large donations to his PAC's
- Criminal and civil investigations against his donors have been dropped
- Allegations that insider trading of energy stocks have been tied to changes in the conduct of the Iran War have been suggested













