Dear Editor,

Several weeks after the general election last year, a friend and I sat for lunch at one of our favorite “off-the-beaten-path” restaurants. We both knew our discussions, murmurs, and opinions were going to take on a tone fraught with political and legal implications – a new President had just been elected.

We had lots of catching up to do, but after the obligatory families’ well-being discussion, the topic was the new administration, politics, and new meanings for the word ”recrimination.”

We agreed that changes would be made but that administrative and regulatory guardrails would prevent wholesale changes. We talked about matters such as voting rights and other legal matters that would be bumping up against our Constitution. Those would certainly be difficult to change, we thought.

We agreed that immigration matters were going to stretch the meaning and scope of edicts issued by various lower courts. We would have to wait for a petition to reach the Supreme Court – a Court that had already demonstrated an affinity to expressed conservative sentiments. 

After about a three-hour lunch, we left. A final comment made by my friend as we were leaving, stuck with me: “Thank god we have our rule of law to protect us.”

It is now almost a year since the administration got elected and we are witnessing the attempt to dismantle and/or modify the entire government. Regulatory matters are being tested – adjudication by some courts has allowed wholesale changes to some of the agencies. 

Article II has been pressed into service in the President’s attempts to carry out his wishes, while some Constitutionalists claim that the President has arrogated for himself powers and authorities not available to him under our Constitution.

Activating National Guard members in order to secure “law and order” in some cities is prominent among those Constitutional matters being debated.

This administration makes no distinctions between Article I and Article II of our Constitution. It is clear that this President presides over both Houses of Congress. Both the Speaker of the House and the Senate Majority Leader receive their orders from this President, in violation of our Constitution. This Congress has abdicated all of its Constitutional authorities and responsibilities.                                                                        

Since my friend and I had our lunch, much has changed, including my own view of our “rule of law.” It is made clear by the policy changes and edicts issued by this President that the rule of law no longer exists in the machinations of our Constitutional democracy. 

It is clear to me that this President and his administration are intentionally initiating policy objectives that are not in accordance with regulatory or Constitutional mandates in order to reach courts and court decisions that are favorable to President’s policy agenda.

By now is was clear that the sown seeds of precise selection of Supreme Court Justice candidates by the Federalist Society has borne perfect fruit.

Finally, there is Article III.  There are some cases coming up before The Court that will give us a glimpse of any legal tether attached to this President. We should concern ourselves with many legal matters, including voting. 

Mail-in voting is the topic of the day, but one mustn’t forget that this Court has already done damage to our voting rights when they weakened The Voting Rights Act in 2013. Gerrymandering and the Right to Sue are issues before the Court now.

One ruling was right here in Colorado. You will remember the Supreme Court struck down Colorado’s Supreme Court ruling that barred Trump from the presidential ballot. While the 14th Amendment’s “insurrection clause” is very clear about presidential qualifications, the Supreme Court ruled that states do not have the power to enforce provisions of the 14th Amendment.

The most bothersome to me is the Court’s 6 to 3 decision that presidents have absolute immunity for “acts committed as President.”

Finally (really)! I am sad – sitting and watching as our Constitution is reduced to pieces of parchment – all of it. It’s not just the Amendments. Articles I, II, and III are now simply exhibitions at our National Archives. I don’t expect our President to have or understand the intrinsic value of our Constitution. 

I will be 78 years old on my next birthday. I will be 81 when this president’s term expires. I could still have plenty of time to suffer the vestiges of this President’s illegal policies.

My kid sister imparts her own humor:  “Our ranch has been here (in New Mexico) since 1683 – you think ICE may have some policy thoughts?”

Let’s have lunch!

Rudy García

Dory Lakes