Today there is a lot of focus on what President’s say as part of their foreign policy agenda, but no one has stopped to consider where in the Constitution of the United States the President is empowered to form and execute a foreign policy agenda. This has started to spill over on Biden as the6 are trying to disqualify Biden from re-election due to his age and failing cognitive abilities, because they don’t conform with their own ideology and agendas.
This is a column of Johnathon Turley on this subject of the misinformation being decimated by Biden and his administration, and my reply to this totally fallacious attempt to further destabilize our already critically unstable governing system.
[Should Biden be Banned
Below is my column in The Messenger on the view of diplomats in the Biden Administration that the President is spreading "misinformation." My interest in the story is less the merits than the allegation.￼]
You are proof that lawyers learn nothing about the Constitution of the United States and even Constitutional Law only concentrates on the amendments and how cases were decided based upon those amendments.
This, and everything else that is transpiring in our government today, is no less than the “Chickens Coming Home to Roost”. You political geniuses have bastardized the governing system established by the Constitution of the United States to the point of total destabilization and all we have to witness is the catastrophic failure that is playing out in Washington DC before our eyes.
Your view of our government, which you inaccurately call a democracy, is based upon the rule of law, where you tend to the domination over others rather than the procedures to operate our government. In 2020 the Economist Intelligence Unit downgraded our democracy from a full democracy to a flawed democracy, which raises the question of what was the criteria used to make this determination. When we review the Appendix of this document we find the heading, “Defining and Measuring Democracy”, further review of this topic under that heading brings up some very troubling admissions, there is no accepted definition of democracy;
[Defining and measuring democracy
There is no consensus on how to measure democracy. Definitions of democracy are contested, and there is a lively debate on the subject. The issue is not only of academic interest. For example, although democracy promotion is high on the list of US foreign-policy priorities, there is no consensus within the US government as to what constitutes a democracy. As one observer put it: “The world’s only superpower is rhetorically and militarily promoting a political system that remains undefined—and it is staking its credibility and treasure on that pursuit,” (Horowitz, 2006, p. 114).]
In the absence of a consensus definition, they decided to create their own definition:
[Democracy can be seen as a set of practices and principles that institutionalise, and thereby, ultimately, protect freedom. Even if a consensus on precise definitions has proved elusive, most observers today would agree that, at a minimum, the fundamental features of a democracy include government based on majority rule and the consent of the governed; the existence of free and fair elections; the protection of minority rights; and respect for basic human rights. Democracy presupposes equality before the law, due process and political pluralism.]
This definition is as convoluted as it is vague, but it seems to supply those criteria that, in their opinion, must be characteristic parts of any democracy;
[Freedom House’s criteria for an electoral democracy include:
1) A competitive, multi-party political system.
2) Universal adult suffrage.
3) Regularly contested elections conducted on the basis of secret ballots, reasonable ballot security and the absence of massive voter fraud.
4) Significant public access of major political parties to the electorate through the media and through generally open political campaigning.]
This definition is even more troubling than the previous definition, because it seems to suggest that democracy is a balanced party governing system and the role of the people is to vote to choose sides and the side with the most supporters assembles a government to execute their platform of a policy agendas.
The Economist definition isn’t any better;
[The Economist Intelligence Unit measure
The Economist Intelligence Unit’s index is based on the view that measures of democracy which reflect the state of political freedoms and civil liberties are not thick enough. They do not encompass sufficiently, or, in some cases, at all, the features that determine how substantive democracy is. Freedom is an essential component of democracy, but not, in itself, sufficient. In existing measures, the elements of political participation and functioning of government are taken into account only in a marginal and formal way.
Our Democracy Index is based on five categories: electoral process and pluralism; civil liberties;
the functioning of government; political participation; and political culture. The five categories are interrelated and form a coherent conceptual whole. The condition of holding free and fair competitive elections, and satisfying related aspects of political freedom, is clearly the sine qua non of all definitions.]
Most today believe that our system of government is based upon “The Rule of Law”, where the President assembles an administration to form and execute his policy agenda, this agenda is transmitted to congress to make laws to create this agenda, then the Supreme Court decides the meaning and constitutionality of these laws, which makes our governing system a judicial system of government, as the court is the predominant governing institution.
Many also point to Federalist #51 to justify this coequal branch interpretation as Madisonian Democracy, however, Madisonian Democracy is a legislative system of government;
[But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit.]
Madisonian Democracy is a Confederated Republic, which is the most advanced democratic and republican form of government which has characteristics of both forms to balance the power of the large and small States, what you political geniuses have created is a national government what has no characteristics of democracy remaining, and you have taken it to the next step of improperly consolidating the States representation and suffrage in congress by party affiliation to determine the composition and control of our governing institutions.
What does all this have to do with Biden making statements with both misinformation and disinformation?
In a legislative system of government, the States as the Union predominate, and their advice and consent is necessary for all forms of foreign contacts and foreign policy, and it takes 2/3 of the States through their Senators present to concur with all those decisions and choices. Each State may have 2 Senators, each with 1 Vote, but the States have equal suffrage in the Senate, not their individual Senators who only represent their State’s legislature, which must be an assembly of “The People in their Collective Capacity” assembled as each State’s “Most Numerous Legislative Branch. This forms a due dependence and due responsibility to the people, in a republican sense. The Senate is our democracy, a discrete democracy of the States as the Union, only the States are members of the Union, only the States are members of Congress, only the States are apportioned representation and suffrage to participate in the legislative processes of Congress, only the
States may form a quorum to operate congress as a legislative assembly, and only the States may reach a majority consensus of All the States to assent to make collective decisions as the Union.
The President cannot utter a single word that hasn’t been approved and put in his mouth by the united States, in congress assembled, the Union and Established Government Authority!