Nobody plays "What if?" games as well as us lawyers. Compliments to
Greg aka "Major Danby" who is doing stellar work on the possible perversion of the role of the federal government as one of delegated powers and the states as the sovereigns. Go read and learn, but the essence of Greg's work is, President George W. Bush has set himself up as the first president who can "federalize" the National Guard now under the command of state governors and swoop in with "federal troops" wherever and whenever he sees fit to declare an emergency. In a Katrina-type event, sure, I can see it. But what if ... ? Slip a leg into the "Trousers of Time" just below the fold.
The "trousers of time" is the brainchild of British satirist
Terry Pratchett, the
21st Century Jonathan Swift, who postulates that possible futures are divided, as it were, like trouser legs and what happens rather depends on which leg one selects. Or, if you prefer, we can always use that "alternate universe" theory where Spock has a wicked-cool beard. On a somber note, I have always believed that the assassinations of JFK, RFK and MLK have pushed us into what most of us here describe as not just an alternate universe from what could and should be, but the
Bizarro World of politics.
Keep in mind that what follows is a work of "bi-partisan fiction" on what a disaster it would be for both parties to abuse the use of martial law. God bless Greg in his efforts to fix this thing, but I don't think even Karl Rove wants to go there. My hope and belief is that beginning in 2007, America will swing the pendulum back toward the center, where it ought to be, and that the radical right's dominance is ending but not with an ascension of an ultra-liberal left.
AP Release November 9, 2006 (New York): As some had predicted, confusion reigns as dozens of U.S. House, Senate and a few gubernatorial elections stand in deadlock. Some Secretaries of State have refused to certify results, and others have attempted to certify results but are facing strong opposition. Nowhere is this more pronounced than in Ohio where Republican Secretary of State and apparent Governor-elect Kenneth Blackwell staged what some have called a "statistically and mathematically impossible" defeat of Democratic challenger Ted Strickland who lead by nearly 20 points in some late polls, and who was shown by many exit polls as winning by double-digits. ...
Nov. 9 06 DJIA 11,569 (down 227), NASDAQ 1,632 (down 97)
AP Release November 29, 2006 (New York): Recounts continued nation-wide through the Thanksgiving holiday and numerous state and federal law suits have been filed over what is being called a disastrous election that easily tops the 2000 Presidential election in terms of controversy. Courts in Missouri, Ohio, Tennessee and Virginia have issued injunctions, and a number of others are expected to be issued as both Democrats and Republicans try to take the 2006 election from the ballot box to the jury box.
AP Release December 3, 2006 (Chicago): Chicago is but one of many cities bracing itself for protests over the disputed election of 2006, along with New York, San Francisco, St. Louis, Cleveland, Baltimore and Los Angeles. Other, smaller cities that are normally far removed from protest, like Portland, Oregon, Santa Fe, New Mexico and even Kansas City, Kansas report applications have been filed for public demonstrations in the downtown areas. In Chicago, Mayor Richard Daley has indicated that he is mobilizing the Chicago Police Department to guarantee that city's coming protest march remains orderly. At City Hall, public officials predict a crowd that may dwarf last year's protest over a Republican immigration bill and have advised downtown businesses to close early, or consider not opening at all ...
AP Release December 5, 2006 (Washington DC): In a moved described as "bold" by some and "dictatorial" by others, President George W. Bush has announced his intention to "federalize" the Illinois National Guard on the heels of Democratic Governor Rod Blagojevich's refusal to agree to the President's request to mobilize it. The White House had requested Gov. Blagojevich, who himself won a narrow re-election despite ethical problems, to do so to prevent next week's protest of election results planned for downtown Chicago. Meanwhile, recounts and court cases continue, with the latest case being filed in ...
Dec. 5 06 DJIA 10,033 (down 329), NASDAQ 1,444 (down 202)
Memorandum from the Desk of Rod Blagojevich, Governor, State of Illinois to the Commander of the Illinois National Guard, dated December 7, 2006: On this, the 65th anniversary of the Japanese attack on Pearl Harbor, it is with both great resolve and deep regret that I must order you to refuse the President's exercise of authority over your command to mobilize in the City of Chicago in an attempt to halt the free exercise of speech as guaranteed by the First Amendment and perpetrate the unconstitutional usurpation of state authority under the Tenth Amendment. I give this order pursuant to Illinois Revised Statutes Chapter ...
AP Release December 8, 2006 (Indianapolis): Republican Governor Mitch Daniels said he is "studying" the request of President George W. Bush to mobilize Indiana National Guard troops for use in connection with a Presidential Declaration of Emergency in Chicago. Gov. Daniels has said that in the face of both strong public and political opposition to the move and the filing of an emergency law suit in Chicago's Federal District Court by Democratic Governor Rod Blagojevich of Illinois challenging the constitutionality of the recent federal law underlying the President's attempt to "federalize" guard troops, he had not yet made a decision. Some have said that the use of Indiana's National Guard in an action aimed at a Chicago protest, even if technically legal, would be "a catastrophe" as it could bring about significant unrest in Gary, Hammond and other Indiana "bedroom communities" with strong social and economic links to the Chicago metropolitan area. In other developments, in Ohio ...
AP Release December 10, 2006 (St. Louis): Hundreds of city and county vehicles and personal trucks and cars clogged Interstate 55 and numerous other routes from Missouri to Illinois amid rumors that the White House was considering mobilizing the Missouri National Guard to thwart a planned Chicago protest over the electoral disaster of 2006. Downstate Illinois was tense, as well, as a number of private militias were reportedly being organized, but it was not clear whether these militias were intended to prevent or permit the entry of troops from Missouri, though both purposes are most likely. Officials appealed for calm ...
AP Release December 16, 2006 (Chicago): Today's massive protest over the election debacle of 2006 unfolded with relative peace. Local officials, who typically do not release crowd estimates, numbered the crowd at somewhere over 750,000. Though there were numerous speeches, including those of Mayor Richard Daley, Gov. Rod Blagojevich and the Reverend Jesse Jackson, the highlight of the day came when Senator Barack Obama addressed the roaring crowd ...
AP Release January 4, 2007 (Washington DC): A massive protest, aided by mild winter temperatures, was predicted for Washington, DC, tomorrow. Organizers are hopeful of a crowd exceeding 1,000,000. Mayor Anthony Williams has said that he has activated the entire District of Columbia police force to preserve the peace and guarantee the safety of the protesters. Numerous senior retired military personnel, including Democratic presidential hopeful Gen. Wesley Clark, are participating, with Clark, a former Army Ranger commander, expected to be joined by a contingent of at least 2,000 former Army Rangers. Lame-duck Republican Governor Robert Ehrlich has said that he is reviewing a request from the White House for Maryland National Guard troops but feels he is bound by a federal court injunction in Chicago forbidding a similar action in Illinois, but Virginia's Democratic Governor Tim Kaine has promised Williams "all the help he needs" from Virginia's National Guard to ensure that "American voices are heard." Meanwhile, chaos reigned in Congress today ...
Jan. 4 07 DJIA 9,065 (down 132), NASDAQ 1,066 (down 98)
[Voice of CNN anchor, January 13, 2007] If you left the room for a biological break during our continuing coverage of the crisis in Washington, here is what you missed: Marine One, official helicopter transportation of the President of the United States, lifting off from behind the White House and heading east, toward open water. Meanwhile, huge protests continue in the Washington, DC downtown and there are reports of gunfire coming from areas where contract employees of Blackwater Security had been stationed at the request of the National Security Administration. But back to this stunning video, Marine One I am told is capable of in-air refueling and has a range of ...
Jan. 15 07 DJIA 8,695 (down 278), NASDAQ 967 (down 333)
AP Release January 19, 2007 (Washington DC) America will swear in a new Congress tomorrow but today swore into office a new President. Former Republican Governor of Idaho and U.S. Interior Secretary Dirk Kempthorne was administered the oath of office by Supreme Court Chief Justice John Roberts and immediately appealed for calm. Kempthorne became next in line for the Presidency with former President George W. Bush, former Vice President Dick Cheney and former Secretary of State Condolezza Rice reportedly in Paraguay, the resignations of Speaker of the House Dennis Hastert and President pro tempore of the Senate Ted Stevens, under intense pressure from all political sides. Kempthorne promised "a full review" of the election disaster of this past November, including both recounts and revotes where necessary.
Jan. 19 07 DJIA 9,198 (up 340), NASDAQ 1,389 (up 165)
AP Release August 29, 2008 (Kuwait City): The rolling convoy of Humvees, trucks and tanks represented the last contingent of American troops in the violence-plagued county of Iraq, a re-deployment following the bipartisan plan laid out by the Republican-controlled Senate, the Democratic-controlled House and Republican President Dirk Kempthorne. Positions formerly occupied by American and British forces have been assumed by peacekeeping troops from NATO, the Arab League and the United Nations but their mission is far from easy. Attacks continued today ...
Aug. 29 08 DJIA 10,002 (up 85), NASDAQ 1,678 (up 66)
[Voice of Jim Lehrer January 16, 2009] As is our standard practice on the Newshour, we turn now to Mark Shields and David Brooks and ask them to review the events of the week and give a look ahead to the inauguration next week of Democratic Senator Barack Obama, the first African-American President in the History of the United States, who narrowly defeated Republican Senator John McCain this past November. David, let's start with you. [Brooks] Well, Jim, like I predicted months ago, this probably finishes the GOP as a national party for at least a decade. They'll have some success in some states and will return a number of people to congress, but this is about as bad as it can get ... ]
Jan. 16 09 DJIA 11,272 (up 240), NASDAQ 1,876 (up 121)
Think it can't happen? Look around at all that has that we thought couldn't. Look at what hasn't that we thought would.
Careful how you put on your trousers.