Features
COLORADO SUPREME COURT DISQUALIFIES TRUMP ON 2024 STATE BALLOT
DOW JONES INDEX HITS ALL-TIME HIGH
by Vijaya Chandrasoma
In September, Colorado District Court Judge Sarah Wallace ruled that Donald Trump is qualified to contest the Colorado primary ballot in 2024. Her ruling hinged on a technical interpretation of the wording of Section 3 of the 14th Amendment, which states:
No person shall be a Senator or Representative in Congress, or elector of the President and Vice-President, or hold any office, civil or military, under the United States, or any other state, who previously having taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress, may by a vote of two-thirds each House, remove such disability.
The 14th Amendment was ratified after the Civil War in 1868, based on a statement made by President Abraham Lincoln, when he spoke to Congress in 1861:
“When ballots have been fairly, and constitutionally decided, there can be no successful appeal back to bullets”.
Lincoln’s grave has been spinning violently since 2020.
In her ruling, Judge Wallace acknowledged that Trump was guilty of inciting a violent insurrection to subvert the constitutional function of Congress, engaged in the certification of the election of President Biden.
However, on a strict but preposterous interpretation of the 14th Amendment, she deemed that a president of the United States is not an “officer of the United States”, because the 14th Amendment did not specifically contain the word “president”.
Preposterous, as the Amendment includes all those who have sworn allegiance to the Constitution, which is the first action of the new President when he formally assumes the presidency, as Trump did in January 2017.
When she submitted her ruling, Judge Wallace all but implored the Colorado Supreme Court to overrule her decision. Her prayers were answered last Tuesday.
Since her ruling in September, there has been increasing momentum among the legal community, ratifying the constitutional argument that, according to the 14th Amendment, Trump should be disbarred from contesting any federal position, including the presidency.
Lawrence Tribe, Professor Emeritus of Constitutional Law at Harvard University, Founder of the American Constitution Society and deemed one of the nation’s foremost authorities on Constitutional Law, stated, “The people who wrote the 14th Amendment were not fools. They realized that if those people who tried to overturn the country, who tried to get rid of our peaceful transitions of power are again put in power, that would be end of the nation, the end of democracy”.
Santa came early this year, when, on Tuesday, December 19, the Colorado Supreme Court reversed the lower court decision, and ruled that Trump be disqualified from being on the state’s 2024 presidential ballot. The ruling was based on Section 3 of the 14th Amendment, that Trump “engaged in an insurrection with his words and actions around the January 6 attack on the US Capitol” and therefore cannot hold the nation’s highest office again. The fact that the word “president” was missing in the Amendment was not relevant as the president was an officer of the state who had taken an oath to uphold the Constitution of the United States.
Section 3 of the 14th Amendment is a self-executing provision of the Constitution, a provision that can be enforced without the aid of a legislative enactment, like a conviction.
Republicans argue that the question of who should be on the presidential ballot is a matter for Congress, not a decision to be made by state courts.
The Colorado ruling will now be appealed before the Supreme Court of the United States.
The Supreme Court gives Trump a 6/3 advantage. A prejudiced highest court in a land where not only the judiciary, but the legislature and the executive functions are debased to levels that would be treated with contempt in the most corrupt Banana Republic.
A land where a criminal, convicted of fraud and sexual assault, arrested and on bail for 91 felonies, including espionage and attempting to incite an insurrection to overturn one of the fairest elections in the nation’s history, walks free. He also is the choice of the majority of the electorate to again preside over the country whose democracy he had incited his terrorist supporters to overthrow. And now threatens openly, in his campaign rallies, that, if he is re-elected to the presidency, he will terminate the Constitution revered throughout the world, prosecute his political opponents and marginalize a large swath of its minorities. He is on a path to succeed where Hitler failed.
The final ruling of the Supreme Court may not only affect the Colorado ballot, but also those of other states. All 50 states have mechanisms in place to disqualify candidates who do not meet basic presidential requirements, and many will likely use these mechanisms to disqualify Trump, depending on the final ruling of the Supreme Court.
There is one important factor to be considered regarding the US Supreme Court, which could have some influence on the Colorado ruling to disbar Trump from contesting the presidency in 2024:
Conservative Justice Clarence Thomas has already recused himself from a case related to the January 6, 2021 insurrection at the US Capitol, an appeal brought by John Eastman, former Trump adviser, indicted on election fraud. No reason for Thomas’ recusal was given, though his corruption and his wife’s complicity in the January 6 insurrection are ongoing scandals.
Thomas’ recusal on the Eastman case may set a precedent for him to recuse himself on all future cases involving the insurrection. In that event, the Republican majority in the Supreme Court on the Colorado case will be reduced to 5/3, with a possibility of an even 4/4, with Chief Justice Roberts usually voting not on party lines but on conscience.
Also, Justice Kavanaugh, in previous writings, has approved the immunity of a sitting president of investigation into all crimes, but opined that immunity no longer exists after he leaves the office. Of course, he is not necessarily compelled to base his rulings on past writings.
Trump thrives on incriminating legal decisions, which he, like no politician in history, can turn to his advantage, even make tons of money from his criminal behavior. The more damning the legal accusations as to his criminality, even his treason, the higher his ratings rise, the more funds he raises from his devoted supporters. Trump may be a treacherous moron, but his God has compensated him with the gift of making money out of crime that transcends all his many evil character flaws.
Recently, Trump has juiced up his incredibly bigoted, cruel and noxious anti-immigrant and anti-Semitic rhetoric, getting more evil every passing day. Vile rhetoric, direct quotations from Hitler’s Mein Kampf – “vermin poisoning the blood of our people”, “mass deportation camps” – have been his regular oratorical fare at campaign rallies.
However, the virulent speeches made during the past week, which make Hitler’s rants sound like children’s bedtime stories, were no longer the impromptu drivel of a racist madman. They have been read from a teleprompter, indicating that they represent the official Republican Party line. Extreme authoritarian policies which will maintain the privileges of Christian white supremacists, and take America back to the good old days of segregation and Jim Crow.
This latest decision to openly toe the Nazi, white supremacist line was probably made by Trump and the billionaires and corporations who fund the Republican Party because it seems to be working. What is truly frightening is that these racist, fascist rants at campaign rallies are not only met with thunderous applause from Trump’s devoted supporters, but are now gaining the approval of an alarmingly large section of the American electorate. The reason Trump continues to spew such hatred may be because he feels that America is ready for a “temporary” dictator, ready to exterminate those vermin who poison the blood of white people. Sure worked for Hitler. Until the American cavalry came to the rescue in 1945.
If Trump is defeated in November, he will once again claim the election was rigged, refuse to concede defeat and incite a Civil War. Unfortunately, Americans cannot count on the cavalry to appear at the last moment to rescue them, because they themselves are the cavalry.
The more vitriolic Trump’s anti-immigrant and anti-Semitic rantings. the higher his poll numbers rise. The more Trump shouts about the Jews and brown-skinned immigrants not just from Latin America, but from Africa and Asia (Europeans are fine, Russians welcome) being the enemies of the people, the greater his popularity, not just from the cult, but also from moderate Republicans and Independents. The holocaust may be a nightmare of the past for the Germans, but it could well be a harbinger for the America of the future.
Trump even sings the praises of murderous dictators like Russia’s Putin and Hungary’s Orban, who graciously reciprocate the compliment. Orban said that Trump is the only hope for the salvation of the western world – which, in this context, means the salvation of white supremacy.
The re-election of a twice impeached, quadruple indicted former president is a terrifying prospect. He has now doubled down on his resolve to be a “dictator for a day” if re-elected. Only it won’t be for a day.
As Maya Angelou, renowned poet and political activist once said, “When people show you who they are, believe them the first time”.
The latest rumor is that a red binder containing top-secret files, a collection of intelligence on Russian collusion in the 2016 election shared with NATO, has gone missing since Trump left the White House. These files are said to be buried in first wife Ivana Trump’s coffin, behind the first tee at his golf course in Bedminster, New Jersey.
Top-secret documents may well be on sale at the White House gift shop, if Trump wins a second term. Trump will personally declassify and sign them for an extra charge.
The obvious alternative to a Nazi dictatorship in 2024 would be incumbent President Biden or the presidential candidate of the Democratic Party, to ensure that the nation will continue with the progressive policies initiated during Biden’s first two years. Legislation already showing positive results in the form of an improving economy, low unemployment, inflation under control and rising wages. Last week, the Dow Jones Industrial Average, the most reliable gauge of the strength of an economy, reached an all-time high of 37,305 points.
Besides, I feel that regular Americans are getting sick of Trump’s whining that he has been the perpetual victim of a multitude of witch-hunts. Even during the four years when he held the most powerful position in the world, he failed to catch these hunters, who exist only in that deluded piece of crap that masquerades as a mind.
On that mildly indecent but hopeful note, I wish you all a Merry Christmas.
It could be quite premature to claim that the US has closed ranks completely with the world’s foremost fascist states: Russia, China and North Korea. But there is no denying that the US is breaking with tradition and perceiving commonality of policy orientation with the mentioned authoritarian states of the East rather than with Europe and its major democracies at present.
Increasingly, it is seemingly becoming evident that the common characterization of the US as the ‘world’s mightiest democracy’, could be a gross misnomer. Moreover, the simple fact that the US is refraining from naming Russia as the aggressor in the Russia-Ukraine conflict and its refusal to perceive Ukraine’s sovereignty as having been violated by Russia, proves that US foreign policy is undergoing a substantive overhaul, as it were. In fact, one could not be faulted, given this backdrop, for seeing the US under President Donald Trump as compromising its democratic credentials very substantially.
Yet, it could be far too early to state that in the traditional East-West polarity in world politics, that the US is now squarely and conclusively with the Eastern camp that comprises in the main, China and Russia. At present, the US is adopting an arguably more nuanced approach to foreign policy formulation and the most recent UN Security Council resolution on Ukraine bears this out to a degree. For instance, the UN resolution in question reportedly ‘calls for a rapid end to the war without naming Russia as the aggressor.’
That is, the onus is being placed on only Ukraine to facilitate an end to the war, whereas Russia too has an obligation to do likewise. But it is plain that the US is reflecting an eagerness in such pronouncements to see an end to the Ukraine conflict. It is clearly not for a prolongation of the wasting war. It could be argued that a negotiated settlement is being given a try, despite current international polarizations.
However, the US could act constructively in the crisis by urging Russia as well to ensure an end to the conflict, now that there is some seemingly friendly rapport between Trump and Putin.
However, more fundamentally, if the US does not see Ukraine’s sovereignty as having been violated by Russia as a result of the latter’s invasion, we are having a situation wherein the fundamental tenets of International Law are going unrecognized by the US. That is, international disorder and lawlessness are being winked at by the US.
It follows that, right now, the US is in cahoots with those powers that are acting autocratically and arbitrarily in international politics rather than with the most democratically vibrant states of the West, although a facile lumping together of the US, Russia and China, is yet not possible.
It is primarily up to the US voting public to take clear cognizance of these developments, draw the necessary inferences and to act on them. Right now, nothing substantive could be done by the US voter to put things right, so to speak, since mid-term US elections are due only next year. But there is ample time for the voting public to put the correct perspective on these fast-breaking developments, internationally and domestically, and to put their vote to good use in upcoming polls and such like democratic exercises. They would be acting in the interest of democracy worldwide by doing so.
More specifically it is up to Donald Trump’s Republican voter base to see the damage that is being done by the present administration to the US’ standing as the ‘world’s mightiest democracy’. They need to bring pressure on Trump and his ‘inner cabinet’ to change course and restore the reputation of their country as the foremost democracy. In the absence of such action it is the US citizenry that would face the consequences of Trump’s policy indiscretions.
Meanwhile, the political Opposition in the US too needs to get its act together, so to speak, and pressure the Trump administration into doing what is needed to get the US back to the relevant policy track. Needless to say, the Democratic Party would need to lead from the front in these efforts.
While, in the foreign policy field the US under President Trump could be said to be acting with a degree of ambivalence and ambiguity currently, in the area of domestic policy it is making it all to plain that it intends to traverse a fascistic course. As has been proved over the past two months, white supremacy is being made the cardinal principle of domestic governance.
Trump has made it clear, for example, that his administration would be close to ethnic chauvinists, such as the controversial Ku Klux Klan, and religious extremists. By unceremoniously rolling back the ‘diversity programs’ that have hitherto helped define the political culture of the US, the Trump administration is making no bones of the fact that ethnic reconciliation would not be among the government’s priorities. The steady undermining of USAID and its main programs worldwide is sufficient proof of this. Thus the basis has been adequately established for the flourishing of fascism and authoritarianism.
Yet, the US currently reflects a complex awareness of foreign policy questions despite having the international community wondering whether it is sealing a permanent alliance with the main powers of the East. For instance, President Trump is currently in conversation on matters in the external relations sphere that are proving vital with the West’s principal leaders. For example, he has spoken to President Emmanuel Macron of France and is due to meet Prime Minister Keir Starmer of the UK.
Obviously, the US is aware that it cannot ‘go it alone’ in resolving currently outstanding issues in external relations, such as the Ukraine question. There is a clear recognition that the latter and many more issues require a collaborative approach.
Besides, the Trump administration realizes that it cannot pose as a ‘first among equals’, given the complexities at ground level. It sees that given the collective strength of the rest of the West that a joint approach to problem solving cannot be avoided. This is particularly so in the case of Ukraine.
The most major powers of the West are no ‘pushovers’ and Germany, under a possibly Christian Democratic Union-led alliance in the future, has indicated as much. It has already implied that it would not be playing second fiddle to the US. Accordingly, the US is likely to steer clear of simplistic thinking in the formulation of foreign policy, going forward.
by Upali Gamakumara,
Upali.gamakumara@gmail.com
The Clean Sri Lanka (CSL) is a project for the true renaissance the NPP government launched, the success of which would gain world recognition. It is about more than just cleaning up places. Its broader objectives are to make places attractive and happy for people who visit or use services in the country, focusing more on the services in public institutions and organisations like the SLTB. Unfortunately, these broader objectives are not apparent in its theme, “Clean Sri Lanka,” and therefore there is a misconception that keeping the environment clean is the main focus.
People who realise the said broader objectives are excited about a cleaner Sri Lanka, hoping the President and the government will tackle this, the way they are planning to solve other big problems like the economy and poverty. However, they do not see themselves as part of the solution.
From the management perspective, the CSL has a strategic plan that is not declared in that manner. When looking at the government policies, one can perceive its presence, the vision being “A Prosperous Nation and a Beautiful Life,” the mission “Clean Sri Lanka” and the broader objectives “a disciplined society, effective services, and a cleaner environment.” If the government published these as the strategy, there would have been a better understanding.
Retaining the spirit and expectations and continuing the ‘Clean Sri Lanka’ project is equally important as much as understanding its deep idea. For this, it needs to motivate people, which differs from those motivators that people push to achieve selfish targets. The motivation we need here is to evolve something involuntarily, known as Drivers. Drivers push for the survival of the evolution or development of any entity. We see the absence of apparent Drivers in the CSL project as a weakness that leads to sporadic hiccups and free flow.
Drivers of Evolution
Drivers vary according to the nature of envisaged evolution for progress. However, we suggest that ‘the force that pushes anything to evolve’ would fit all evolutions. Some examples are: ‘Fitting to survival’ was the driver of the evolution of life. Magnetism is a driver for the unprecedented development of physics – young Einstein was driven to enquire about the ‘attraction’ of magnets, eventually making him the greatest scientist of the 20th century.
Leadership is a Driver. It is essential but do not push an evolution continually as they are not sprung within a system involuntarily. This is one of the reasons why CSL has lost the vigour it had at its inception.
CSL is a teamwork. It needs ‘Drives’ for cohesion and to push forward continually, like the Quality Improvement Project of the National Health Service (NHS) in England. Their drivers are outlined differently keeping Aims as their top driver and saying: Aims should be specific and measurable, not merely to “improve” or “reduce,” engage stakeholders to define the aim of the improvement project and a clear aim to identify outcome measures.
So, we think that CSL needs Aims as defined by NHS, built by stakeholder participation to help refine the project for continuous evolution. This approach is similar to Deming’s Cycle for continual improvement. Further, two more important drivers are needed for the CSL project. That is Attitudinal Change and Punishment. We shall discuss these in detail under Psychoactive Environment (pSE) below.
Aside from the above, Competition is another driver in the business world. This helps achieve CSL objectives in the private sector. We can see how this Driver pushes, with the spread of the Supermarket chains, the evolution of small and medium retail shops to supermarket level, and in the private banks and hospitals, achieving broader objectives of CSL; a cleaner environment, disciplined behaviuor, efficient service, and the instillation of ethics.
The readers can now understand the importance of Drivers pushing any project.
Three Types of Entities and Their Drives
We understand, that to do the transformation that CSL expects, we need to identify or adopt the drivers separately to suit the three types of entities we have in the country.
Type I entities are the independent entities that struggle for their existence and force them to adopt drivers involuntarily. They are private sector entities, and their drivers are the commitment of leadership and competition. These drivers spring up involuntarily within the entity.
Type II are the dependent entities. To spring up drivers of these entities commitment of an appointed trustee is a must. Mostly in state-owned entities, categorized as Boards, Authorities, Cooperations, and the like. Their drivers do not spring up within or involuntarily unless the leader initiates. The Government of a country also falls into this type and the emergence of drivers depends on the leader.
Type III entities have neither independent nor dependent immediate leader or trustee. They are mostly the so-called ‘Public’ places like public-toilets, public-playgrounds, and public-beaches. No team can be formed as these places are open to any, like no-man-land. Achieving CSL objectives at these entities depends on the discipline of the public or the users.
Clean Sri Lanka suffers the absence of drivers in the second and third types of entities, as the appointed persons are not trustees but temporary custodians.
The writer proposes a remedy to the last two types of entities based on the theory of pSE explained below.
Psychoactive Environment (pSE) –
The Power of Customer Attraction
Research by the writer introduced the Psychoactive Environment (pSE) concept to explain why some businesses attract more customers than others who provide the same service. Presented at the 5th Global Conference on Business and Economics at Cambridge University in 2006, the study revealed that a “vibe” influences customer attraction. This vibe, termed pSE, depends on Three Distinct Elements, which can either attract or repel customers. A positive pSE makes a business more attractive and welcoming. This concept can help develop Drivers for Type II and III entities.
pSE is not an all-inclusive solution for CSL, but it lays the foundation for building Drivers and motivating entities to keep entrants attractive and contented.
The structure of the pSE
The three distinct Elements are the Occupants, Systems, and Environment responsible for making a pSE attractive to any entity, be it a person, institution, organization, or county. Each of these elements bears three qualities named Captivators. These captivators are, in simple terms, Intelligent, Nice, and Active in their adjective forms.
pSE theorizes that if any element fails to captivate the entrant’s mood by not being Intelligent, Nice, or Active, the pSE becomes negative, repelling the entrant (customer). Conversely, the positive pSE attracts the entrants if the elements are Intelligent, Nice, and Active.
For example, think person who comes to a Government Office for some service. He sees that the employees, service, and environment are intelligent, nice, and active, and he will be delighted and contented. He will not get frustrated or have any deterioration in national productivity.
The Significance of pSE in CSL
The Elements and the Captivators are universal for any entity. Any entity can easily find its path to Evolution or Progress determined by these elements and captivators. The intangible broader objectives can be downsised to manageable targets by pSE. Achievements of these targets make the entrants happy and enhance productivity – the expectation of Clean Sri Lanka (CSL).
From the perspective of pSE, now we can redefine the Clean Sri Lanka project thus:
To make the Elements of every entity in Sri Lanka: intelligent, Nice, and Active.
How Would the pSE be A Remedy for The Sporadic Hiccups?
We have seen two possible reasons for sporadic setbacks and the discontinuity of some projects launched by the CSL. They are:
The absence of involuntary Drivers for evolvement or progress
Poor attitudes and behaviors of people and leaders
Remedy for the Absence of Drivers
Setting up a system to measure customer or beneficiary satisfaction, and setting aims can build Drivers. The East London NHS principles help build the Aims that drive type II & II entities. The system must be designed to ensure continual improvement following the Deming Cycle. This strategy will create Drivers for Type I & II entities.
This process is too long to explain here therefore we refrain from detailing.
Attitudinal Change
The most difficult task is the attitudinal and behavioural change. Yet it cannot be postponed.
Punishment as a strategy
In developed countries, we see that people are much more disciplined than in the developing countries. We in developing countries, give credit to their superior culture, mitigating ours as rudimental. The long experience and looking at this affair from a vantage point, one will understand it is not the absolute truth. Their ruthless wars in the past, rules, and severe punishment are the reasons behind this discipline. For example, anyone who fails to wear a car seatbelt properly will be fined 400 AUD, nearly 80,000 LKR!
The lesson we can learn is, that in Sri Lanka, we need strong laws and strict punishment together with a type of strategic education as follows.
Psychological Approach as a Strategy
The psychological theory of attitude formation can be used successfully if some good programmes can be designed.
All attitude formations start with life experience. Formed wrong or negative attitudes can be reversed or instilled with correct attitudes by exposure to designed life experiences. The programmes have been developed using the concepts of Hoshin Kanri, Brainstorming, Cause-and-Effect analysis, and Teamwork, in addition to London NTS Quality Improvement strategies.
The experience and good responses we received for our pSE programs conducted at several institutions prove and have built confidence in our approach. However, it was a time, when governments or organisations did not pay much attention to cultural change as CSL expects in the country.
Therefore, we believe this is a golden opportunity to take the CSL supported by the pSE concept.
Although they are visually impaired youngsters, under the guidance of renowned musician Melantha Perera, these talented individuals do shine bright … hence the name Bright Light.
Says Melantha: “My primary mission is to nurture their talent and ensure their sustainable growth in music, and I’m thrilled to announce that Bright Light’s first public performance is scheduled for 7th June, 2025. The venue will be the MJF Centre Auditorium in Katubadda, Moratuwa.”
Melantha went on to say that two years of teaching, online, visually impaired youngsters, from various parts of the island, wasn’t an easy ride.
There were many ups and downs but Melantha’s determination has paid off with the forming of Bright Light, and now they are gearing up to go on stage.
According to Melantha, they have come a long way in music.
“For the past few months, we have been meeting, physically, where I guide them to play as a band and now they show a very keen interest as they are getting to the depth of it. They were not exposed to English songs, but I’ve added a few English songs to widen their repertoire.
Melantha Perera: Invented a notation
system for the guitar
“On 7th June, we are opening up for the public to come and witness their talents, and I want to take this product island-wide, giving the message that we can do it, and I’m hoping to create a database so there will be a following. Initially, we would like your support by attending the show.”
Melantha says he didn’t know what he was getting into but he had confidence teaching anyone music since he has been in the scene for the past 45 years. He began teaching in 2015,
“When I opened my music school, Riversheen School of Music, the most challenging part of teaching was correcting tone deaf which is the theoretical term for those who can’t pitch a note, and also teaching students to keep timing while they sang and played.”
Melantha has even invented a notation system for the guitar which he has named ‘MelaNota’. He has received copyrights from the USA and ISO from Australia, but is yet to be recognised in Sri Lanka.
During Covid-19, Melantha showcased MelaNota online and then it was officially launched with the late Desmond De Silva playing one of his tunes, using MelaNota.
Melantha says that anyone, including the visually impaired, can play a simple melody on a guitar, within five minutes, using his notation system.
“I’ve completed the system and I’m now finalising the syllabus for the notation system.”
Melantha has written not only for the guitar, but also for drums, keyboards, and wind instruments.
For any queries, or additional information, you could contact Melantha at 071 454 4092 or via email at thebandbrightlight@gmail.com.
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