No more contempt of court? (& other concerns)

Today I will touch on a variety of things going on within the Trump Administration. None of the news organization can cover everything, so I try to gather items from reputable sources across the board.


No more contempt of court for people like US Presidents?

Photo of a gavel
Photo by Wesley Tingey on Unsplash

Trump’s “big, beautiful bill” which was passed in the US House of Representatives by a whopping ONE vote, is being hashed out in the US Senate. Various aspects of it get picked up by the broadcast news, but one item that is getting almost no publicity is perhaps the worst slam on our democracy yet: It will eliminate the power of courts to hold officials in contempt for disregarding court orders!

That bears repeating: As it was passed by the US House of Representatives, it will eliminate the power of courts to hold officials in contempt for disregarding court orders.

Trump is already ignoring court orders and no court has had the guts to hold him in contempt, so the remedy appears to be for us to strip the courts of any power they could hold over an elected official.

As a regular citizen, if I am called up for jury duty and I don’t show up, I will be held in contempt of court. The judge will order officers of the law to come to my house and transport me in the back seat of a police car to the courthouse where I must appear before the judge who is already unhappy with me. That’s the law. There are consequences when regular citizens break the law.

If this tiny part of Trump’s “big, beautiful bill” is passed by the Senate, he will sign it into law, thereby making himself untouchable by the Department of Justice.

The last guardrail will be gone.

You have 215 Republicans in the US House of Representatives to thank, but they don’t need your thanks. They have already been thanked by Donald Trump.

Now, we wait to see what the US Senate will do with that 1,000-page “big, beautiful bill.” Will they have the guts to remove the part that strips the judicial branch of our government from its power of checks and balances? Or will they see it as their own way out of being held accountable by the justice system?

Suppose they pass it as it is written. How happy they will be if we have another presidential election someday and a Democrat is elected President? (I did not use the word “if” by mistake. I intentionally used it.)

Be careful, legislators, over what you codify into law. It might come back to bite you.

And that, my friends, is how a 249-year-old democracy is dismantled.


Harvard University

Photo of a red Harvard graduate school banner hung on a pole on the side of a building
Photo by Manu Ros on Unsplash

Another way a democracy is dismantled is to attack and take control of its institutions of higher learning.

It was great that a judge placed a temporary injunction against Trump’s order that he would prevent Harvard University from enrolling any international students, but the damage has been done.

Even if Harvard wins in court, Trump has done irreparable damage to higher education in the United States because there is now a level of fear among students from abroad who will, no doubt, think long and hard before coming to our country to study.

And will students who are American citizens now think twice before they participate in a peaceful protest? Will Trump sign an Executive Order to prevent them from finishing their education? If he can do it to foreign students who are here legally to study, what is to stop him from doing it to American citizens?

And if the courts rule that he cannot do that? Nothing will happen to him. In 2024, the US Supreme Court ruled that the sitting US President cannot be charged with a crime. In May 2025, the US House of Representatives voted 215 to 214 that an elected official cannot be held in contempt of court. Will the US Senators agree?

The irony in Trump’s order that Harvard can no longer admit an international student is that his order would eliminate foreign Jewish students from Harvard all in the name of ridding the university of antisemitism.

Trump is like a dog with a bone. Over the weekend, he took to social media to demand the names of the international students at Harvard along with the names of the countries from which they came. He wants those countries to now pay. Since those students already pay for their education, I’m not sure what their countries are supposed to pay for… or who gets the money. Probably not Harvard.

His governance via social media and Executive Order are really getting old. Since Trump rules by Executive Order, the “big, beautiful bill” passed y the House of Representatives last week was one of the only things they’ve had to do since January 20.

Let’s be clear. This is not an attack on Harvard University. It is an attack on and a threat against every college and university in the United States. Harvard is just the test case to see how far he can push back on academia.

After all, he did say, “I love the uneducated,” when he was campaigning for office.


In an oddly-related story, the Pentagon promotes Kingsley Wilson

I didn’t know her name either, so don’t feel bad. She has been promoted to the position of Press Secretary for the Department of Defense. She is an interesting pick, in light of President Trump’s outrage over antisemitism at Harvard.

It is reported that Wilson has repeated antisemitic comments regarding conspiracy theories against a Jewish lynching victim whose cause helped found the Anti-Defamation League. It’s so bad that some Republicans have criticized Wilson’s employment in any position at the Pentagon.

The Trump Administration is consistently inconsistent.


Speaking of the Pentagon, while I still can

Brian Stelter of CNN reported that more restrictions have been placed on journalists covering the US military. New credentialing constraints were issued by Defense Secretary Pete Hegseth last Friday night. Also, key parts of the Pentagon that journalists have had access to in the past will now require them to be accompanied by an official escort.

The Pentagon Press Association’s statement said it has tried to communicate with Hegseth “to keep in place a professional working relationship that as persisted for decades,” to no avail.

Stelter reported, “The association said it is ‘puzzled’ about why the Defense Department ‘is devoting such attention to restricting Pentagon media instead of engaging with it as senior leaders have long done.’ Hegseth’s public comments indicate that he views the media as the opposition. He has denounced what he called the ‘hoax press’ and promoted himself by appearing on Fox opinion shows hosted by his friends.”

Hegseth used to be a Fox News personality, like many of the other members of the Trump Administration.


Can someone please tell him to lose the red baseball cap?

First of all, the MAGA campaign caps are baseball caps. They aren’t “MAGA hats.” I know “hat” sounds more high class than “baseball cap,” but that’s not what they are. A man’s hat has a brim all the way around. A baseball cap has a bill on the front.

It was embarrassing enough that the graduating cadets at the US Military Academy at West Point had to listen to a political speech from Trump as their commencement speaker on Saturday, but did he have to wear his bright red MAGA baseball cap?

I have a hunch that he had to wear it because the event was held outside and there are some major issues with Trump’s balding head and his dyed blond locks of hair having to be swept in all directions. What if the wind picked up? What if his hair couldn’t be controlled with grease like it appeared during his Oval Office ambush of South Africa’s President Cyril Ramaphosa earlier in the week?

Too bad he couldn’t just rent a cap and gown and dress like a normal college-level commencement speaker. And what was the pink necktie about?

A video clip that I saw on TV showed Trump saluting while wearing his campaign cap. I tried to find out what he was saluting, but I couldn’t find it. I hope he wasn’t saluting our flag! Whatever he was saluting, it was a ridiculous and embarrassing image of a US President.

In a world where President Barack Obama was heavily criticized by Republicans for wearing a tan suit once, how is it now acceptable for President Donald Trump to wear a baseball cap everywhere he goes? Asking for a friend.

If a man wears a cap to a baseball game, he automatically removes it for the playing of our national anthem. I imagine the national anthem was played at the West Point commencement ceremony. I wonder if Trump removed his cap for it. We’ll probably never know.

Before I leave Trump’s speech at West Point, I will quote one line from it that sent a chill down my spine. He said, “The job of the U.S. Armed Forces is not to host drag shows, to transform foreign cultures, but to spread democracy to everybody around the world at the point of a gun.”

What a bizarre statement! That sounds like we’re going to force democracy on people “at the point of a gun” whether they want it or not. All the while, he is working every day to destroy our democracy. I don’t think another country wants his brand of democracy!

Photo of a building at West Point with a statue in front of a George Washington on a horse
Statue of George Washington on a horse in front of a building at the US Military Academy at West Point.
Photo by Dave Lowe on Unsplash

That was not the most bizarre thing Trump said in his nearly hour long “speech.” In addition to drag shows, he talked about trophy wives. (That must have made the female cadets uncomfortable… and that was probably why he brought up the subject.) He talked about boats and yachts.

His mind wonders and his words tend to follow his mind when he strays from reading the teleprompter. It has become one of his trademarks. He refers to it as “weaving” and justifies it as something he does by intention.

If any other US President had almost daily gone off the rails and rambled about sundry topics in every speech or other public remarks, the 25th Amendment would have been enforced and the Vice President would have replaced him.


Until my next blog post

I hope you have a good book to read and time to read it.

Value time with family and friends. Tomorrow is promised to no one.

Remember the people of Ukraine and western North Carolina.

Janet

#OnThisDay: “Blog about the 12th Amendment,” they said. “It’ll be fun!” they said.

If not for the 12th Amendment to the US Constitution, Donald Trump could now be president and Hillary Clinton could now be vice president. Talk about an unworkable state of affairs!

The ratification of an amendment to the US Constitution deserves a blog post on its anniversary. Unfortunately, the 12th Amendment gets into the Electoral College – something that has always baffled me. I’m probably the last person who should be trying to explain the 12th Amendment to you, but I’m going to plow my way through it.

#Vote #PresdentialElection #12thAmendment
Photo by Element5 Digital on Unsplash

As soon as I started doing the necessary research so I could write today’s blog post, I ran into conflicting dates. I’m going with June 15, 1804 as the date the 12th Amendment to the United States Constitution was ratified. I’ll address the conflicting date later in this post


What is the 12th Amendment about?

The 12th Amendment to the US Constitution determined how every US President and Vice President have been elected since 1804. It mandates that electors in the Electoral College vote for president on one ballot and for vice president on a separate ballot.


Presidential Elections Prior to the 12th Amendment

Under Article II, Section 1 of the US Constitution, each state was entitled to appoint a slate of electors equal to the number of US Senators and US House Representatives the state had. Each state had (and still has) two Senators. The number of Representatives a state has is based on population.

Every four years those electors, now known as the Electoral College, chose the president and vice president. Each of them could vote for two people; however, they couldn’t vote for someone from their state of residency.

The highest vote getter became president and the one with the second highest number of votes became vice president, as long as their total votes exceeded one-half the number of appointed electors. Therefore, the president and the vice president weren’t necessarily from the same political party.

If not for #12thAmendment, Trump could be president and #HillaryClinton could be VP! http://www.JanetsWritingBlog.com

If no one got a majority of votes, or if two candidates received the same number of votes, the House of Representatives chose the president and the person with the second highest number of votes became vice president.

#ElectoralCollge #USConstitution #12thAmendment
Photo by Luke Michael on Unsplash

Political Parties

In the 1790s, differences of opinion on domestic and foreign policies became pronounced enough that two political parties formed. The founders of the United States had not anticipated the formation of strong political organizations/parties. The two parties were known as the Federalists and the Democratic-Republicans.

Yes, it’s very confusing to us in 2020 when there are two major political parties in the US:  Democrat and Republican.

The Federalists wanted a strong central government that was friendly to Great Britain. The Democratic-Republicans wanted strong local governments and were more in line with the French Revolution.


The Early US Presidents

Without opposition, George Washington was elected the first US president in 1788 and again in 1792. He announced he would not seek a third term. He became increasingly aligned with the Federalists, although he saw the dangers inherent in factionalism. John Adams was Washington’s vice president. He identified himself with the Federalists. Thomas Jefferson was Washington’s Secretary of State until 1793. Jefferson became the leader of the Democratic-Republicans.

The 1796 election was the first time candidates for president ran from two political parties. John Adams and Charles C. Pinckney were the foremost Federalists running against Thomas Jefferson. John Adams won a majority of votes, but Thomas Jefferson was elected vice president. Remember, they were from opposing political parties and ideologies. Such a situation is difficult for modern Americans to imagine.

Moving on the 1800 election, John Adams ran for reelection and Thomas Jefferson ran for president again. The political parties had gotten stronger and electors divided their votes between “only” five candidates. John Adams received 65 votes. In order to avoid a tie vote between Adams and Pinckney, one of the electors from Rhode Island voted for John Jay so Adams would have a one vote advantage over Pinckney.

But Democratic-Republicans Thomas Jefferson and Aaron Burr each received 73 votes. The Federalists thought they had an edge in the House of Representatives that would result in the election of the more conservative Aaron Burr, so they weren’t worried. They thought they could work better with a President Aaron Burr than a President Thomas Jefferson.

In order to be elected president, a candidate had to receive nine votes from the 16 states. Eight states favored Jefferson, six aligned with Burr, and two states were divided in how to cast their votes. Voting on the floor of the House of Representatives continued for six days and 35 ballots!

#ElectoralCollege #12thAmendment #USConstitution
Photo by visuals on Unsplash

Although he personally favored Burr, Delaware elector James A. Bayard let it be known that he would vote for Jefferson after Senator Samuel Smith assured him that Jefferson would not undo the accomplishments of the Washington and Adams administrations. In the end, 10 states voted for Jefferson, electing him the third US president.

The 1800 election proved to the Federalists and the Democratic-Republicans that the electoral system was deeply flawed.

On December 9, 1803 Congress proposed a 12th Amendment to the Constitution.


What the 12th Amendment did

The 12th Amendment didn’t change the structure of the Electoral College but, in order to understand the purpose of the amendment, one needs to have some knowledge of the Electoral College.

Whereas the Constitution had required each elector to vote for two people for president (yes, you heard me right!), the 12th Amendment required each elector to cast one vote for president and one vote for vice president.

If no one receives a majority of votes for president, the House of Representatives will choose the president under the rules of the original procedure as set forth in the Constitution, except they will choose between no more than three candidates instead of five, as was stipulated in Article II, Section 1 of the Constitution.

In case no candidate receives a majority of votes for vice president in the Electoral College, the US Senate chooses the winner from the top two vote getters. However, if there is a tie between multiple candidates, the Senate will choose from all those in the tie.

Additionally, the 12th Amendment requires a two-thirds quorum for balloting procedures. It also provided for a remedy should a president not be chosen by March 4. That remedy was that the newly-elected vice president would act as president until the election of the president could be settled. (March 4 was the first day of a presidential term until the ratification of the 20th Amendment in 1933 which established January 20 as the first day of a presidential term.)

Under the 12th Amendment, if no president or vice president have been elected by January 20, Congress will appoint a president. We almost got into that situation in the 2000 election, but that’s a whole other story, #HangingChads.


The Pros and Cons of the Electoral College

I’ve read various reasons and speculations about why the framers of the US Constitution provided the Electoral College as a way to elect the president. I’ve read that it was to ensure that people who had wisdom (in other words, that knew about politics, had some education, and understood this new form of government) would have enough sense to elect a president.

I’ve read that they didn’t want people living in the population centers of the nation to have an advantage over the citizens in the backcountry because the people in the cities would be more likely to know the candidates. (They obviously didn’t foresee the advent of the radio or television.)

There is much confusion over the Electoral College. As a political science college student, I was more interested in the administration of government than its political aspect. I made a conscious decision not to take the senior-level Political Science course called “The Electoral Process.” Looking back, perhaps I should have taken that class.

#college #class
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With practically every presidential election, pro-Electoral College and anti-Electoral College opinions rise to the surface. There are people who would prefer the candidate receiving the majority of the popular vote (the votes of all citizens) to be president, while people who like the idea of the popular vote in each state being sifted through the Electoral College electors of their state want us to keep the Electoral College.

I’m going to go out on a limb today and say that I would like to see the Electoral College ended. I think each American’s vote should count equally to every other American’s vote. The people in favor of the Electoral College typically fear a populous state such as California or New York could influence an election by the sheer number of voters who live there.

Americans stand in line to cast their votes for president on the first Tuesday in November every four years, and then the electors who make up the Electoral College meet in their states on the first Monday after the second Wednesday in December and cast their votes.

Since we elect the president and vice president via the Electoral College, in 2016, Donald Trump became president even though Hillary Clinton had some three million more popular votes than Trump. There are other elections in which the top popular vote getter lost the election, but I think that one example suffices.

I think it’s time to rethink the electoral process, but I’m not impassioned enough about it to lead the campaign to amend the 12th Amendment.


Ratification of the 12th Amendment

#USConstitution #Preamble #ElectoralCollege
Photo by Anthony Garand on Unsplash

On June 15, 1804, 189 days after the 12th Amendment had been proposed by Congress, it was ratified by 14 or the 16 states. North Carolina was the first state to ratify it, doing so on December 21, 1803. By the end of February 1804, it had been ratified by nine states.

By mid-May 1804, Delaware, Massachusetts, and Connecticut had rejected the amendment. New Hampshire ratified the 12th Amendment on June 15, 1804, meeting the requirement that in order to be adopted, a US Constitutional amendment must be ratified by three-fourths of the states.


What about the conflicting dates I found?

Technically, when three-fourths of the states have ratified a US Constitutional amendment, it is officially ratified and becomes law. That’s what happened on June 15, 1804 with the 12th Amendment. That’s why I went with today being the anniversary of the amendment’s ratification.

Secretary of State James Madison sent a letter to the state governors on September 25, 1804, declaring the 12th Amendment as ratified. Some history books use September 25, 1804 as the date of ratification.


Since my last blog post

I opened my blog with some trepidation last Monday. I didn’t know how my blog post that morning would be received. I was very pleased with the response the post got. As of last night at 10:00 pm, last Monday’s post, “I can’t breathe!”, has had 147 visitors from 15 countries. That’s a record for my blog. It has received more comments than any of my other blog posts. My thanks to each reader!


Until my next blog post

If you still have questions about the 12th Amendment and the Electoral College, please research them. I’ve said all I know about the subject, and I’m still a bit confused. Perhaps I should have gone with the September 25 date. That date doesn’t fall on a Monday (the day I blog) until 2023. After more than a little frustration, I wish I’d postponed today’s post until then!

I hope you have a good book to read. I’m reading The Book of Lost Friends, by Lisa Wingate.

If you’re a writer or other artist, I hope you have lots of creative time.

Be safe. Be well. Wear a mask in respect for other people.

Don’t be shy. Share my blog!

#12thAmendmentRatification 216th anniversary. #ElectoralCollege http://www.JanetsWritingBlog.com

Janet