Thursday, January 07, 2021

A review of the "Sedition Act of 1798" in context


 Signed into law by Adams on July 14, the law proved immensely unpopular with the public and the President lost re-election to Thomas Jefferson in 1800. Under the incoming Republican administration, the Sedition Act eventually expired on March 3, 1801; however, arguments made for and against it shaped subsequent debate about constitutional protections of free speech.

In 1798, In an era when newspapers served as political parties' chief organs, the Republican press was particularly vicious in its attacks on Federalists and the Adams administration. “Liberty of the press and of opinion is calculated to destroy all confidence between man and man,” noted one of the bill’s supporters, John Allen of Connecticut. “It leads to the dissolution of every bond of union.” Republicans defended the First Amendment protecting free speech and press.

2021, decades after technological era, newspapers is still there but social media and the the cable/tv media has been weaponized in the disenfranchised  of the democratic principles of the greatest, most powerful nation in the world. It further got syndicated with conspiracy theories and innuendos with no facts. January 6 will be written as another continuance of 1798 In one of the first tests of freedom of speech, the House passed the Sedition Act, permitting the deportation, fine, or imprisonment of anyone deemed a threat or publishing “false, scandalous, or malicious writing” against the government of the United States.

Although it's commendable that Facebook and Twitter has suspended the account of the motivator, the question lies on what happens next. The 5th Congress (1797–1799), narrowly divided between the majority Federalists and minority Jeffersonian Republicans, voted 44 to 41 in favor of the Senate-passed bill. Federalists championed the legislation fearing impending war with France and out of the desire to hold the majority in Congress and to retain the White House, then occupied by Federalist John Adams.

The impossible long way of the talked about 25th Amendment requires  two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Oct 12, 2020 — Jamie Raskin, D-Md., Pelosi wants legislation that would create a future ... The Constitution's 25th Amendment, ratified in 1967, governs ..the risk that loyalty to the president could override necessary action, Goldstein said. House Speaker Nancy Pelosi, D-Calif., and Rep. Jamie Raskin, D-Md., unveiled a bill Oct. 9 to establish a commission that could be tasked with determining if a president is no longer fit for office.

Many in Congress at the time of the amendment’s writing if ever had misgivings about the idea of a medical commission, Goldstein said. They thought a decision involving the Cabinet would carry more legitimacy, and they worried an independent body could be used to harass the president.

“Congress has a constitutional duty under the 25th Amendment to define the process by which a judgment of presidential incapacity can be made if circumstances render such a judgment necessary, in this administration or any other,” Raskin explained two years ago, when he observed that getting clarity with regard to the amendment was of “pressing and enduring importance to the security of our nation.” in 2018.

The only thing this 25th Amendment is again on discussion has many meanings to many people. The fact is American democracy was attack and is very volatile. It's now Jan. 7 and the Presidential elections has now been certified by Congress. What happens now between January 7 to the inauguration in January 20.

President Trump was impeached on December 18, 2019 on two articles—abuse of power and obstruction of justice. January 6, 2021 he incited an insurrection, this is his legacy when the history books are written about the 45th President of the United States,


Wednesday, November 11, 2020

Filibuster, Cloture, Majority, Policy Actions and A Minimum of Half a Billion to Georgia's Run Off Senate Election Battle in January 2021

 With over an unprecedented 77 million and counting popular vote in history for President Elect Joe Biden, We expect President-Elect Biden, upon swearing in, to immediately use his executive authority to address a further COVID-19 stimulus, reengagement in the Paris Climate accord, immigration, and DACA, and roll back Trump administration actions related to the environment and healthcare.

Nevertheless, with a gloomy transition on hand with a defiant non conceding one term President Trump supported by a lame duck majority Senate Republican led it is unpredictable if this majority leader will be the same apparent destructive instincts as the last democratic 44th President.  Hence, it why both the Democratic and Republican parties are all focus on Georgia's Senate run off elections coming up that will have fate on the balance of power in the US Senate. As of now with the votes counted, the Republicans has 50 seats and the Democrats only has 48 which is why the Republicans still has majority in this lame duck session. If the 2 Senate democratic candidates wins in Georgia, that would give both parties 50 even Since Vice-President Elect Kamala Harris is the President of the Senate, she will be the tie breaker giving the democratic party the 51 votes to claim majority of the US Senate.

Why is the is important in terms of policy for any executive actions and laws that needs to be enacted by any sitting President of the United States? 


Defending the Filibuster

In both Senate races, however, the Republicans ran ahead of the president, suggesting that many traditional Republican voters in the state did not have an issue with Republicans but rather an issue with the president specifically.

The filibuster is a tactic used to defeat bills and motions by prolonging debate indefinitely. A filibuster may entail long speeches, dilatory motions, and an extensive series of proposed amendments. The Senate may end a filibuster by invoking cloture. In most cases, cloture requires the support of three-fifths of the Senate; however, if the matter before the Senate involves changing the rules of the body – this includes amending provisions regarding the filibuster – a two-thirds majority is required. In current practice, the threat of filibuster is more important than its use; almost any motion that does not have the support of three-fifths of the Senate effectively fails. This means that 41 senators can make a filibuster happen. Historically, cloture has rarely been invoked because bipartisan support is usually necessary to obtain the required supermajority, so a bill that already has bipartisan support is rarely subject to threats of filibuster. However, motions for cloture have increased significantly in recent years.

If the Senate invokes cloture, debate does not necessarily end immediately; instead, it is limited to up to 30 additional hours unless increased by another three-fifths vote. The longest filibuster speech in the Senate's history was delivered by Strom Thurmond (D-SC), who spoke for over 24 hours in an unsuccessful attempt to block the passage of the Civil Rights Act of 1957.[41]

Under certain circumstances, the Congressional Budget Act of 1974 provides for a process called "reconciliation" by which Congress can pass bills related to the budget without those bills being subject to a filibuster. This is accomplished by limiting all Senate floor debate to 20 hours.[42]

Quoted from Wikipedia


Likewise on this historic ascension of Kamala Harris of being President of the Senate leaves current only 2 out of the 3  Asian American Senators in the US Senate namely:


Tammy Duckworth

Kamala D. Harris 


Mazie K. Hirono


The major unknowns in these races will be how President Trump handles the next 60 days with respect to the election results, the amount of money that will pour into the state, and whether the two Democratic nominees can carry over the disapproval of President Trump and tag their opponents to him (and, perhaps, a desire to complement President-Elect Biden's agenda with an effective Democratic majority in the Senate).







Sunday, October 18, 2020

The Trauma and Assault on Unprecedented Family Immigration for Immigrants on America's White 45th President "America First" - NEVER AGAIN"!

 It started out in 2016'speech saying " Trump commenced his 2016 campaign claiming Mexico was sending rapists and murderers to the U.S., promising to build a “great wall” across our southern border — one that Mexico would pay for. In fact, only five miles of new border wall has been constructed, with the rest replacing existing border barriers. And, of course, Mexico did not pay for it".

President Trump's administration has waged an all-out assault on the very few options available to foreign nationals to legally immigrate the United States.  Trump in early 2017 banned immigration from 13 countries on dubious national security grounds, and has subsequently banned the issuance of temporary work visas, banned the issuance of employment- and most family-based immigrant visas, urged the abolishment of birthright citizenship, gutted our legal asylum system, slashed our refugee program to virtually zero, abolished DACA, cancelled TPS, implemented punitive policies separating children from their parents, reduced the number of foreign students in the US, increased processing times and denied applications for legal status that are approvable under existing law and previous interpretations.--Courtesy of the AZ Mirror

In April 2018, the Administration announced their “zero-tolerance” policy, which resulted in the separation of thousands of children from their families. Two months later, a court mandated the immediate reunification of the 2,737 children the Administration had identified as separated. However, an OIG report released in January 2019 said that “thousands” more children than previously recognized had been taken away from their parents. https://americasvoice.org/blog/2019-mid-year-review/

Then in 2019, in limited H1B visas and announced later that he now going to cut visa lotteries and family based immigration visas. So that meant that in the future if you have a loved one overseas that you want to petition to come legally to America your bet on it. For generations and years this was how our ancestors came in through being petition by family. The sad reality was this was that this immigration system is so broken a family based petition from the time it is approved to the time you can get an actual consular interview takes years or decades of waiting For an immigrant to be  legal permanent resident green holder to finally arrive at the United States with this Immigration broken system takes ages. Sadly, it is a known fact that sometimes when the USCIS finally sends the notice of interview to the applicant or petitioner the person might already be deceased as it is already too late. 

There are so many realities attached to  this discussion on non-documented immigrants, the reasons of, the policies but it boils down that this President is not pro immigration but nationalism. Nationalism is a system created by people who believe their nation is superior to all others. Most often, this sense of superiority has its roots in a shared ethnicity.

Nationalists demand to be independent of other countries. They don't join global organizations or collaborate with other countries on joint efforts. If the people are part of another nation, then they will want freedom and their own state. This also explains a lot about Foreign Policy from the Paris Climate, NAFTA, etc.., I have to touch a little on this a bit to explain my little knowledge on my own background with Asia Pacific Economic Cooperation Relations. 

Nationalists believe their shared interests supersede all other individual or group interests. They oppose globalism and empires. They also rally against any philosophy, such as religion, that supersedes national loyalties. They are not necessarily militaristic but quickly become so if threatened.

So the case on immigration is that unfortunately Immigration falls on "Patriotism".  As such, having a second term with this President is almost like a complete halt to US Immigration. 

Saturday, September 19, 2020

Realities of Covid 19 Today Pre-Vaccine Amidst Testing and Common Laymen Infection

 One of the things that I personally can compare is the experience of being involved in public policy then closed to the pillars of government then back to private life. Moreover, the travails of living the challenges of life with limited resources, income, disability and now middle age life.

The last few months of this pandemic in the West had my own, my family, friends and saw other people lives change drastically. Some of these changes unfortunately has forever changed people lives and sadly I can count the number of friends and acquaintances that were lost directly or indirectly related due to this in these last months.

Let me start in March, my 91 year old US Army World War II Filipino Veteran father  recovering from a Heart Surgery at the VA hospital for a while was suddenly threatened be discharged even if did not agree a the hospital's administration need's to make room for the influx of Covid-19 veteran patients. The explanation was my father was susceptible to be infected. But they were prepared let a 91 year old heart patient with a pacemaker, stage 2 chronic liver disease, gout, hypertension, Alzheimer's loose to a nursing facility where the covid-19 is death trap. Anyway, I'm not going to make a long story on this. My father was tested Covid-19 negative on March 31 and he was transferred to Contra Costa, CA in a Nursing facility on April 1 and on August25 was infected with Covid-19 with other residents from a staff outbreak. This is one example of the scenario of how this pandemic has been handled from early on in the absence of no guidance.  As you can see how the specifics of he demographics in this case.

In June to July regardless how much you try to go online for example and try to get a city testing online in California it was impossible unless you answered you exhibited one of the symptoms of Covid-19. As we also, once you get tested the other issue was the back log on getting the results will take days or even weeks which takes the test useless. If you come to think of if even you get tested but you are exposed on daily basis to unknown individuals you really never know unless you are regularly tested.

Although it's a good thing that there are more places doing Rapid Testing today and Antigen testing there are still challenges. The CDC 2 days change their guidelines again about having anyone get tested if they exposed to those asymptomatic individuals. I'll give one example, On a visit to a testing site, there were a family of family of 5 from El Salvador. The people doing registration had N95 mask and gloves but no body PPE were taking ID's and Insurance cards. After which they go to the next area for the tester who takes the swabs who had the the complete PPE from mask, gloves and body,  After 45 minutes the 5 individuals goes back to the testers and given the information they are Covid-19 positive. So going back to the individuals that took the registration, was the CDC guideline necessary?

The other issue is happening is on this testing is various realities. These 5 individuals live in 2 bedroom apartment together. The mother did not almost take the test as she did not have ID and insurance. We all know this opens up another issue. But for the purposes this pandemic discussion, without the credentials needed you need at least $150  get the Covid-19 Rapid test

200,000 Americans now dead from Covid-19, The Honorable Ruth Ginsberg just passed yesterday, with the flu around the fall, the best would be time to get your flu shot. Anyone with pre-existing conditions like myself have the fear on this Covid-19 and we never what can happen. Do I want a vaccine? Of course, but it has be not misleading like what when they told my father he can infected when the patients starts to come in when after all they only admitted less than 10 when when got rid of him.



Saturday, July 04, 2020

Ignorance, Deceit, Misinformation and Psychology as In The Room Where it Happened

The floundering America's 45th President brags on the first most important step he did in response to the COVID-19 response was that he closed the borders from China arrivals. A perfect answer to his loyal base. 
This base as written right after November 2016 elections,  "Donald Trump always enjoyed massive support from uneducated, low-information white people. Trump supporters might retort: “That’s because Trump supports the little guy and Clinton helps the already privileged college grads.” But that’s false: Trump supporters in the primaries had an average income of about $72,000 per year. They aren’t rich, but make more than the national average and more than Clinton supporters" quoted from the Foreign Policy

  The Room Where It Happened, John Bolton writes about January 6, 2018 one of the first book written on Trump being president "Fire and Fury" where Trump tweets that he is a very stable genius. As we've seen the last few years from books to commentaries writing about being unfit for president. Yet with all of this written culminating to the impeachment, Mr. Trump. Bolton talks about making his difficult decisions prior to resigning like other past officials. He describes the uniformity about how one is unsatisfied with the administration, He talks about the the Iran Nuclear Treaty, North Korea, China during his tenure as National Security Adviser. He credits Trump on his Defense budget initiatives yet he reflects on his concerns we loss on the nuclear treat on North Korea's ballistic program. He explains how Trump is so focus on his trade deal with China and most Trump is waiting for Nov. 4 until he calls the Chinese President on this. 

On impeachment, Bolton writes on the Democrats' Impeachment malpractice by merely concentrating on Ukraine. He claims potential issues beyond Ukraine should have been looked into. He explains why he did not testify as the democrats did not explore beyond their party lines to be bi-partisan. His concern mostly on the issue of abuse of power. This is why he believes his book is more useful in the philosophical usage in an election than an impeachment in a USA today interview recently. Bolton says he will not vote for Biden as well but his goal is for the Republican party to hold on control of Republican controlled senate. He also concerns on the Rule of Law to be even handed on the recent actions of the President on the legal justice system today, This is why he claims that the President wanted to do everything to stop the publication of his book. It's not really about national security but about the consequences of the effects on the elections is why the President wanted to stop this book from being out to the public, he states. Bolton claims he merely wants to substantiate that the President and the administration did not act on national security concerns as needed. He's always focus on trade which is why there's risk on America's national security. He knows that even as Republicans reads his book they will still vote for Trump but his distinct goal is to showcase people who and what they are voting for.

On Covid-19, Mr. Trump initially do anything at first as his fear was about his China Trade deal and he didn't want to say anything against the Chinese President. He states that the administration's initiatives can be tweak in second based on the President's personal needs. This is why it took this White House to even do anything about the pandemic for a long time. This is also the fact that he and himself and others who have left the administration had experience. There was a lot of thinking and re-thinking that your following the orders of the commander in chief and  the n at some point in time be challenged of the fact that should one keep doing so or arrive on one's conscience.

.......................................John Bolton's genius as a note taker is why this book extends to about 500 pages of extensive recollection even to Trump's rants and phone calls. He focuses on the visible "is all about me", his personal interest than what the country needs. The ignorant white based he had when he won and somewhat starting to disband lately in lieu of the recent events of the rising cases of covid-19 and the street protest after the killing of George Floyd in Minnesota. 

Trump's conversation with Xi, in Bolton's book was even more dumbfounding. While Trump talks about his favorite trade, he turns on the upcoming Presidential elections alluding to China's economic capability to affect the ongoing campaigns, pleads with Xi to ensure he wins as Bolton wrote. Sounds familiar like Ukraine? I believe this is just once instance why Bolton stated the impeachment malpractice of the democrats should have gone beyond Ukraine.

Trump and his campaign today creates a post pandemic strategy totally opposite to the administrations corona-virus task force on face mask, testing and social distancing. The president still lives on his 2016 strategy that brought him victory with his then ignorant voter based. This is the first presidential campaigns outside the norm in historical perspective. If he wins with this strategy it gives a visual that America should be re-branded for being known as the land of the free, a nation of immigrants and equality to humanity.

Stable genius, uninformed, holds national security briefings once or maybe twice a week, does not want to read and study national security briefings and ask if Finland was a part of Russia. Erratic, foolish, indecisive, everything is about re-election are some excerpts on this book that stands out if one really gets to read to read in depth page by page.

How this will change the results of the upcoming US Presidential elections in November 2020 neither how the presidential historians writes about this president is something to look forward to,



Thursday, June 04, 2020

A Review on How Dictators use the Military on a Democracy

The Dictator's Handbook, reminds me over the years way from the 70's as a child hearing the TV and News about Ferdinand Marcos, President of the Philippines who in September 21, 1972 the same day we were lying in state my grandfather in Manila declared Martial Law. I remember watching all the protest though I didn't really understand much what was going on. I do remember seeing in a black and white Zenith TV, a youth group protesting from the national park of Luneta all the way to Malacanang Palace the official seat of power. I saw how the tension started as they walked near the Palace up to the metal gates then all hell broke loose, tear gas bombs, water hoses, batons with metal riot gears and the rest is not rated to be written in this blog.  

Then when I became a grown person decades ago in mid 80's Ronald and Nancy Reagan hosted the dictator in the White House a year or so came the so called EDSA Revolution in 1986. The marches went back this time a different scene. Imelda, the former First Lady and the sick tired dictator was on the balcony of the Palace proclaiming himself the winner of the the just concluded Presidential election over then Corazon Aquino. That was the changing times in a third world country, a firm ally, the Philippines. The world watch as the protesters ransacked Malacanang Palace finding 5,000 pairs of shoes from the Former First Lady. While this was happening the Philippines First Family was flown to Honolulu, Hawaii in exile while the US Customs seized millions worth of jewelry and dollar bills.

The 1986 Revolution took 16 years in the making from 1960's when the dictator started running for office. It also took years of economic recovery unfortunately the mark of political dynasty and corruptions still exist today. This country was just an example of stories like Cambodia, Thailand, Cuba, and the last we recall Iraq's Saddam Hussein which also regularly hosted the so called dictator then  and his wife while they were in power. In 1990's I guess that gave me the foundation on entrepreneurship plight and my quest in inspiring and advocating for the youth and people with limited income. Hence was also the foundation why we sell books with this mission as this was my own little way of reflection and advocacy.

In Feb. 5, 2013 Jim Powell's article on Forbes quotes, Dictatorships are often unexpected.  They have arisen among prosperous, educated and cultured people who seemed safe from a dictatorship – in Europe, Asia and South America.  This is very true as as there are a lot of circumstances that leads to this. What my observation is that there are the tendencies already inherent but then the circumstances or circumstances suddenly comes and all of a sudden it's done.

Today some local Mayor's has ended city curfews which I commend. Free expression to protest of grief should not be banned. And if you want to be an accomplished seeing myself as witness through Martial Law this is a basic principle you need to reflect as this is a part cause. 3 months on a lock down is already imprisonment for some. The fact and fear of the contagious virus gauge the success of the shelter in place.

However, when you see thousands of every race, culture and gender in the planet on the streets to the extent of crying for humanity, this is something else. I personally had seen, heard and know what these inequalities are. But maybe out of fear of merely thinking that change is not happening hence I keep silent. But as I reflect on what's going on I tell myself I need to get back to my writing as this way I can show my support.

We have a lot of ways we can do as we have different situations in life. But Like the Rev. Al Sharpton said today in Minnesota., "The times have changed, we are in a different time and we need to adjust our clocks so we get the right time".

Peace as we celebrate the life of George Floyd. Black Lives Matter.

Alex Esguerra


Saturday, April 21, 2018

A Higher Loyalty, Views, Perspectives

I Was a Top Clinton Aide. Here’s What I Think About Comey’s Book. - POLITICO an article I just read talks about another different perspectives on Former FBI Director James Comey’s actions in his new book, A Higher Loyalty

Clearly Jennifer Palmieri in her Politico article shares an overall democratic sentiment on how  the Clinton email investigation cause Hillary’s losing the 2016 election. It preceeded on her analysis as a political operative on Comey’s intent to be at the helm of the media spotlight and his executive actions beyond his role as FBI Director in her viewpoint.

There’s so many factors as she herself outlined on the personality and career history of Director Comey. Yet as any other politician on high level career positions like her, Comey and even Hillary, the previous background and work history is colorful with achievements leading to these high positions. Hence, whether the intent for Comey’s actions were really intentionally done to further climb up the bureaucracy and or not will eventually be unveiled over time. 

Historically, defeated candidates especially Presidential ones like Hillary who has prepared for over 10 years to run twice and get defeated will take a few years of healing from ones inner self and soul. In turn, a high profile executive like Comey whom as Jennifer said took actions beyond his position with goals to go up the chain whom eventually got fired. The story on Comey will be there for a while in lieu of his book but eventually he is going to be out of the spotlight unlike Clinton as after all historically she is still a Former First Lady.

The hiatus is still up most likely as long as the Russian meddling on the 2016 elections investigation concludes. It’s going to dwindle most likely if this current President wins a second term. 

Anyone buying A Higher LoyaltyI believe tries to see a better perspective on what happened on how Comey got fired. Some wants to see if there’s really a case on President Trump. I do not believe that the US for various reasons will impeach a current President.

Feel free to share your views on this book on the comments section.

Alex Esguerra



A review of the "Sedition Act of 1798" in context

 Signed into law by Adams on July 14, the law proved immensely unpopular with the public and the President lost re-election to Thomas Jeffer...