due process | The Direction of Intention

Suspicious Sugar Sipping [David’s blog on Flawed Wednesday]

Posted on September 10, 2025 by davidrobinsoncreative

Breaking news! It was just discovered that most hummingbirds winter in Mexico and Central America. They are, in fact, migrants and not the benign sugar-sipping citizens of the USA as previously believed.

Rest assured, roving bands of ICE are on it. Luckily, the Supreme Court just dismantled constitutional protections against racial profiling. Hummingbirds join Latinos as groups who can be detained without cause. Any bird perceived to be a hummingbird is now subject to arrest and subsequent deportation without due process.

The court’s ruling clears the way for ICE to detain and disappear any bird, migrating or non-migratory residents, without cause or due process, based on looks (asian, caucasian, african american, latino, indigenous*…), occupation (chef, construction worker, professor, lawyer, artist, economist, democratic politician…) or language (truth, fact, data, wisdom, knowledge) spoken in Spanish, English or any of the other approximately 7,100 languages spoken on earth.

Residents are encouraged to immediately report any suspicious sugar-sipping-behavior – or anyone who espouses moral clarity – to your neighborhood roving ICE band.

(Dear maga reader: In case you missed it, this post is purposely facetious. Facetious is an adjective and means to treat serious issues with deliberately inappropriate humor; flippant.)

***

*The U.S. federal government’s race categories include American Indian or Alaska Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, and White, with an option to select two or more races. In addition, these categories are often paired with Hispanic or Latino and Middle Eastern or North African to form a comprehensive list of seven co-equal categories for data collection on race and ethnicity.

Once racial profiling is legal for one group, it applies to all groups. The Supreme Court is sworn to uphold the Constitution, not to dismantle it as the six conservative justices are now doing.

read Kerri’s blogpost about HUMMINGBIRDS

likesharesupportstandupspeakup.thankyou

Filed under: Flawed Wednesday, Perspective | Tagged: artistry, citizen, civil rights, Constitution, david robinson, davidrobinsoncreative.com, deportation, due process, fascism, freedoms, hummingbirds, ice, Kerri Sherwood, kerri sherwood itunes, kerrianddavid.com, kerrisherwood.com, racial profiling, story, studio melange, the melange | 1 Comment »

This Simplistic Principle [David’s blog on Merely A Thought Monday]

Posted on September 8, 2025 by davidrobinsoncreative

Years ago I facilitated a conversation with students about the first amendment. They were doing a research project and ran headlong into a wall of hate speech from the KKK. They were horrified and adamant that this kind of expression shouldn’t be legal. The question was this: if you restrict their freedom of speech are you not also restricting your own? Infringing on the core liberties of any group – no matter how much we disagree – damages constitutional protection and endangers the freedom of speech for everyone.

It’s not a fundamental right unless it protects everyone equally. That is the genius of our constitution.

In the past six months we’ve witnessed the suspension of due process (a violation of the 5th and 14th amendments), the suspension of habeas corpus (a violation of article one, section nine of the constitution) and, more recently, the Posse Comitatus Act (a violation of federal law).

People are being plucked off the street and “disappeared”. People are being sent to concentration camps without charge (violations of due process and habeas corpus).

The government is using the military as a police force against civilians (a violation of posse comitatus).

We’ve also been witness to The Supreme Court ruling that a president has absolute immunity from prosecution. The law no longer applies equally to everyone so, essentially, the law no longer applies to anyone. Witness the immunity granted to the January 6th insurrectionists by the president who has absolute immunity.

To MAGA and to the republicans who hear-and-see-no-evil, to the law firms that have folded, the no-longer-free press, to the tech bros scooping up our data and to the fox fueling the fascists, the message is the same to you as it was to my long ago students: what is being done unto others will soon be done unto you. It’s not a right or a fundamental freedom unless it applies to everyone. Everyone. Understanding this simplistic principle is what makes it an imperative to fight for the rights of others, even when you don’t agree with them. Understanding this simplistic principle this is what it means to be woke. We-the-woke know that you do not yet understand this simplistic principle. When due process dies for other people, it also dies for you. When immigrants or democrats can be incarcerated and disappeared without charge, it will inevitably happen to you.

Do you understand that this simplistic principle is the genius of our constitution. It’s why we are marching and protesting and resisting this authoritarian take-down of our democracy. We believe protecting the freedoms and rights of others is to protect our personal freedoms and rights – and yours. As you cheer the military rolling into L.A or snicker as the president declares war on Chicago, as the freedom to vote is being stripped from women and people of color…we-the-woke wonder at what point you will wake-up. At what point will you realize that these losses of freedom also apply equally across the board?

read Kerri’s blogpost about RIGHTS

likesharesupportsubscribecommentthankyou

Filed under: Edges, Perspective | Tagged: artistry, david robinson, davidrobinsoncreative.com, due process, Fifth Amendment, First Amendment, Fourteenth Amendment, habeas corpus, individual freedoms, Kerri Sherwood, kerri sherwood itunes, kerrianddavid.com, kerrisherwood.com, law, Posse Comitatus Act, presidential immunity, rights, story, studio melange, the melange | 1 Comment »

A Mighty Bleak Picture [David’s blog on saturday morning smack-dab]

Posted on June 28, 2025 by davidrobinsoncreative

“The American people just got a taste of authoritarianism wrapped in judicial robes. In a stunning 6-3 ruling this week, the Supreme Court greenlit the mass deportation of immigrants, not to their home countries but to third nations where they have no legal status…Whether it’s a camp outside Kraków or a deportation center in Guatemala, the strategy is the same: create a zone of moral invisibility. A legal no-man’s-land where acts that would outrage decent people become routine, because they happen far away, beyond the reach of media, law, and conscience.” ~Thom Hartmann, Moral Cleansing, American Style, June 25, 2025

A zone of moral invisibility. Hear no evil, see no evil. Poof! Not only do the people disappear but so does our responsibility. So do our rights since due process was a right that applied to all people, not just citizens. Note for emphasis: I just wrote the word “was” in reference to a fundamental right that no longer “is”. The Supreme Court, supposed guardians of our Constitution – protectors of our fundamental rights – just discarded the 14th Amendment:

…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

And along with discarding due process, habeas corpus goes with it. Wrongful imprisonment with no recourse is now – according to six members of our Supreme-Kangaroo*-Court – permitted in The United States of America.

We are officially no longer a government of laws; we are by this ruling a government of whim.

“You may think this only affects immigrants. But consider: the legal precedent now exists for the government to forcibly remove someone from U.S. soil and drop them in another country without due process. Today it’s asylum seekers. Tomorrow, who knows?” ~ Thom Hartmann

What’s gonna happen? I don’t know. No one does – but if history provides a clue it paints a mighty bleak picture.

*Kangaroo Court (noun) – an unofficial court held by a group of people in order to try someone regarded, especially without good evidence, as guilty of a crime or misdemeanor.

read Kerri’s blogpost about I DON’T KNOW

likesharesupport…thankyou!

Filed under: smack-dab | Tagged: 14th Amendment, artistry, david robinson, davidrobinsoncreative.com, due process, equal protection, habeas corpus, Kerri Sherwood, kerri sherwood itunes, kerrianddavid.com, kerrisherwood.com, morality, story, studio melange, The Constitution of The United States, the melange, Thom Hartmann | 3 Comments »

Be Yourself. Stand. [David’s blog on Merely A Thought Monday]

Posted on June 9, 2025 by davidrobinsoncreative

All you need to know about the right to be yourself – and the current assault on that fundamental right – is found in this opinion piece by David Brooks: I’m Normally A Mild Guy. Here’s What’s Pushed Me Over The Edge.

“Deneen’s and Vance’s comments about men in combat are part of a larger project at the core of Trumpism. It is to rebut the notion that America is not only a homeland, though it is that, but it is also an idea and a moral cause — that America stands for a set of universal principles: the principle that all men are created equal, that they are endowed with inalienable rights, that democracy is the form of government that best recognizes human dignity and best honors beings who are made in the image of God.“

To reiterate his point – seriously – take a moment and consider: The United States of America is an idea and a moral cause (not just a place). It stands for a set of universal principles: All men (people) are created equal. All people are endowed with inalienable rights. Democracy is the a form of government that best recognizes human dignity.

It is our fundamental belief in the ideal of equality, our steadfast dedication to protecting the inalienable rights of life, liberty and the pursuit of happiness…due process…that affords and uplifts the right to be yourself. Not everyone on this earth is bestowed with the right to be themselves.

Currently, we are poised to lose it.

“Trumpism can be seen as a giant attempt to amputate the highest aspirations of the human spirit and to reduce us to our most primitive, atavistic tendencies.” ~ David Brooks

We are witness to the amputation of our highest aspirations in the baseless attacks on transgender people, in the scrubbing of DEI initiatives, the assault on institutions of higher education, the gutting of government agencies, the whitewashing of our history, the attack on news and media outlets, the assault on women’s rights, the draconian deportation and incarceration of immigrants, the ignoring of due process, the blatant shift of wealth to the hands of the few at the expense of the many, the gross and unapologetic profiteering by the president and his family…

It is meant to make us fearful. It is meant to make us feel powerless. It is meant to make us numb. It is meant to bully us into silent compliance. It is meant to deprive all of us of our basic rights as human beings. John Pavlovitz wrote:

“LGBTQ human beings in this country have never been more vulnerable or at risk than they are today. This Administration has built a platform upon their dehumanization. It is relentlessly targeting them with dangerous propaganda, willful disinformation, and predatory legislation, all designed to pander to the uneducated, ignorant, and fearful religious people who encompass their hateful base. Our trans brothers and sisters, in particular, have been fashioned into the monstrous enemy for them to aim their perverted theology toward.“

A few weeks ago I used a quote attributed to Oscar Wilde: “Be yourself; everyone else is already taken.” If you are straight and white in the USA and find it hard to be yourself, just imagine what it takes to be gay and proudly (safely) be yourself. Imagine, if you can, what courage and fortitude it must take to be trans and be yourself.

The United States of America is an idea and a moral cause. It stands for a set of universal principles and inalienable rights. “Universal” means for all people, regardless of race, ethnicity, gender or sexual orientation. Democracy is the a form of government that best recognizes human dignity.

“PRIDE cannot be a date on the calendar, it must be the calendar, a lifestyle that clearly declares that discrimination will not comfortably exist around us, no matter where it comes from.” ~ John Pavlovitz

This is PRIDE month. Be yourself. Stand for every human beings’ right to be themself. Do it now because your inalienable rights, your right to be yourself is rapidly disappearing.

[I wrote this post ahead of time, prior to the events now unfolding in Los Angeles. It is a historical moment, watching our inalienable rights disappear in this authoritarian take-down of democracy. I suppose we should not be surprised that the Republicans in Congress continue to mimic and support their standard bearer and chicken-out as history calls upon them to stand up, to speak truth, to honor their oath to serve and protect the Constitution. A sad moment for all of us.]

read Kerri’s blogpost about BE YOURSELF

likesharecommentsupportsubscribe…thankyou.

Filed under: Identity, Merely A Thought Monday, Perspective | Tagged: artistry, David Brooks, david robinson, davidrobinsoncreative.com, democracy, due process, happiness, human rights, inalienable rights, individuality, John Pavlovitz, Kerri Sherwood, kerri sherwood itunes, kerrianddavid.com, kerrisherwood.com, LGBTQIA, liberty, life, moral cause, pride, story, studio melange, the melange | 1 Comment »

Where Are You? [David’s blog on KS Friday]

Posted on April 11, 2025 by davidrobinsoncreative

For Congressman Bryan Steil:

The space on the card asks me to articulate my single, most pressing issue, so here it is: Please uphold your oath and protect the Constitution.

On the backside of the card I’m given space for more detail with the prompt, “Why this issue?” I confess to staring at the question with some minor disbelief. The answer should be obvious but just in case, here goes:

You swore an oath to protect and serve the Constitution of The United States, not a political party or a man. The Constitution prescribes the role and duties of Congress as it does the other two branches of our government. To date, you and your colleagues have abdicated your responsibilities and allowed the executive to both circumvent you and consolidate power, essentially stepping over the checks-and-balances built into our system to prevent the consolidation of power. Where are you?

For instance, the imposition of tariffs is under the purview of Congress. As is the creation and funding of the many programs and agencies that are currently being decimated and eliminated. DOGE has no authority to shut down programs or cancel federal funds. That is your job. Again, where are you?

I am aware, as are you, that the executive is manufacturing “crises” that grant him temporary authority to implement his tariffs. He has also manufactured a crisis that allows mass deportation of people without due process. Until now, ‘innocent until proven guilty’ has been a fundamental principle at the heart of our legal system. In fact, it is the basic right, the actual line between civilized society and barbarism. Where are you?

This brings me to my answer to the next question on the card, “Why now?” The executive is one-manufactured-crisis away from claiming the power to use the military against citizens. When invoking the Insurrection Act, he will complete his trifecta and we will officially be an authoritarian state. It is now – right now – that we need you and your colleagues to show up and honor your oath to protect and preserve our democracy. So, where are you?

I understand that you fear losing your seat in Congress. We are told that is the reason for Republican silence. I’d like to check your logic if, indeed, saving your seat is more important than saving democracy. First, you are already afraid to face your constituents. If our democracy survives to the midterm elections you will, more than likely, lose your seat because you have lost your voice (our voice). Second, if our democracy does not survive – as it now seems – you will most likely have job security since our elections will be shams (as they are in Russia or Hungary); you will have your seat but you will represent only one person. You, in fact, will be a servant to an authoritarian instead a servant of the people. In your silence, you lose either way. In your silence, we lose either way. Who are you?

Your logic is deeply flawed. In fact, it is not logic at all since it is based in fear. Your silence is testament to your cowardice.

The only way you retain your seat and our respect is to find your voice. You are our voice and you were sent to Congress to do the job of Congress and not the bidding of a dictator-wannabe. I understand that this will require that you muster some courage. There has never been a more pressing moment. You, Congress, are the only remaining wall between us and authoritarian take-over. It’s happening fast; finding your voice and your courage three months from now will be too late.

Finally, I’m composing this to you as my wife and I walk a beloved trail. The trees are just beginning to bud, a hopeful return of spring. Yesterday we attended a Hands Off rally. The consensus among the crowd is that you will remain silent and that we-the-people may never again have a free and fair election. In other words, no one believes that you have courage. No one believes that you will break from the party or take seriously your oath. Retention of your seat is all. You are awol.

It’s spring. The executive is already signaling his desire to invoke the Insurrection Act. By summer, unless you act, we will be under martial law. In case you think my assertions are exaggerated, may I remind you that he evoked the International Emergency Economic Powers Act in order to bypass Congress (you) and impose his tariffs. He manufactured a “crisis” at the southern border so he might invoke the National Emergencies Act and deport people without due process to El Salvador. In other words, he’s bypassing the judicial branch as well. He is, in effect, ignoring the Constitution. Where are you?

The final question on the card reads, “What would you like Representative Steil to do?” This one is easy: Show up. Honor your oath. Do your job. Our path to this historic moment is littered with shortsighted cowards. A few courageous Republican voices could make the difference. Where are you?

read Kerri’s blogpost about NEW BUD