Guest Contributor – Tregonsee – 09AUG2025 – Constitution on Census

I actually looked at the constitution with respect to the census in a comment in another blog ( https://thenewneo.com/2025/08/07/trump-calls-for-new-census-that-doesnt-count-illegal-aliens/ ) Looking at the text of Article I, Section 2, Clause 3 of the US Constitution (partial) we have

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.

So first issue is that the 3/5 clause is made moot by the 13th amendment as slavery is now forbidden, as are terms of service for a period of years . The “Indians Not Taxed” Portion has been nullified by legislative action in 1924 by the Indian Citizenship Act of 1924 so native Americans DO count towards the census. This effectively leaves us with

“according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons”.

Sadly the most direct reading of that is NOT citizens but humans (actually counted/enumerated). It might be possible for the legislature to clarify the meaning to citizens (making legislative changes similar to what it did to include Native Americans). More sure would be a change in the constitutional language in the form of a constitutional amendment. A purely legislative change is likely to see judicial challenge given large blue states would get hammered by it. At present I doubt an amendment could be gotten through Congress let alone the 38 states needed for ratification. Probably worth a shot via the legislature as the Supreme Court might view that change as a clarification of the definition of Persons, analogous to the change created by the Indian Citizenship act.

With respect to the inaccuracy of the count alleged by the Trump administration the language uses the words count and enumerate. This does NOT seem to leave slop for the various estimates used in the blue cities with respect to transient and homeless populations as well as to count illegal aliens who do not directly reply to the census. The language implies that you have to actually count the people. Only people so counted, to be repetitive, count. This would be challenged but is on far stronger ground with the current Supreme Court’s tendency to being more constrained by the text.

Finally the language concerning whether you can do another census sooner than 2030 says “The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.” That implies no more than 10 years between enumerations but Congress may legislate when within that period. So it would seem they could require an enumeration sooner, but it may take legislative action depending on the law as it exists.

Of course, I am NOT a lawyer, nor do I play one on TV, so this and $2.50 will get you a cup of coffee (maybe). This particular idea of restricting the redistricting to be based on citizens (or similar) seems like a win. It also seems like what the founders intended as the purpose of redistricting is to avoid rotten boroughs, as seen in 17th-century England and trying to keep representation in line with citizens/population.
If Congress WERE to write an amendment to restrict the enumeration to citizens I would think that they should also go with something like the Wyoming rule (https://en.wikipedia.org/wiki/Wyoming_Rule), adding seats so that there is less of the discrepancy on representation/seat where some small states votes are disproportionate to districts in larger districts. Last I looked the Wyoming rule would require ~570 seats instead of the current 435 in the House. It is something the Left complains about A LOT and I do not think the Wyoming rule would have much effect on overall balance as the red areas get a fair addition of seats too.

Goodbye Summer 2025

So, Saturday (09AUG2025) is a big family party at the Compound.  Another grandson graduates from high school and begins college.  The next, next generation become adults and have all the same decisions and experiences in front of them.  And Camera Girl and I continue our campaign to get to play with progressively more distant descendants.  The hunt for great grandchildren is now the thing.

But the main thing is that I’m just providing the infrastructure; the indoor and outdoor venue and the grill.  The graduate’s parents will bring and cook the food and organize the kids’ activities and lifeguard the pool.  I’ll just be one of the kids tomorrow.  I intend to spend a portion of the event with my brothers talking about how passing the torch to the next generation feels for them.  There has been a threat of putting on a Shatner-Khan adjacent event.  Maybe put on one of his greatest hits.  If it happens, I hope it’ll be “Terror at 20,000 Feet.”  There can be nothing more definitively Shatner than that.

But I hope to spend most of the day eating burgers and dogs and potato salad and peppers and sausage.  And then playing pool with the grandkids and shooting the breeze with family that I don’t see very often.  This will be the last get together for the summer.  And everyone is getting older and travelling even the modest distances between us becomes more challenging every year.  So, these parties become more important.

I guess most of us are on the Trump train so there will be some Trump gloating going on.  We’ll keep it sotto voce because even among my close relatives there are a few folks of the other persuasion.  And I don’t see any need to start a fight.  Family solidarity is more important than scoring political points at a party.  That’s for sure.

A couple of days ago the goofy looking weather man on the Spectrum channel (my cable provider) told us that it looks like a very nice week with temperatures in the 80’s, low humidity and plenty of sun.  But then, just to prove he’s a jerk he went into a little spiel where he defined just how much daylight we lose over the course of August.  And just to show that he was intentionally spreading misery he finished off by saying, “But most people don’t like to be reminded of this sad fact.”  What a creep.

But he’s right.  The sun is lower in the sky.  It’s cooler than a few weeks ago and the sun is down earlier than it should be.  The leaves are starting to fall from the cherry trees.  The vegetable garden is definitely looking worse for wear and the flowers are starting to exhaust.  Last week the daylilies in the sheltered corner ran out of flowers.  There are still some smaller ones (Stella de Oros and orange ones) but they’re not the same.  The cone flowers will last a good long time but there aren’t anymore new flowers growing.  The only flowers still to come are the Montauk daisies and the wolfbane in October.

So summer is wrapping up.  The kids go back to school in two weeks and pretty soon the end of season Dunwich Fair with its First Selectman dunk tank (win at your own risk) and free werewolf neutering clinic will be upon us.  Well, it’s time for the party and goodbye Summer 2025.

Guest Contributor – Glenn W – 08AUG2025 – What Counts

I’m very interested to see how this plays out. I worked for the Census Bureau for six years and who got counted in the decennial census was always very contentious. After every census the Bureau would be sued by several states who believed their population were undercounted (states always want to maximize their population to get the maximum number of congressional seats). The Census’ position always was that the Constitution states that they are to count the number of “persons” in each state without any other qualifiers. There is a historical basis for this since slaves were not citizens and they were to be counted (the 3/5 rule would be mute otherwise). Of course slaves were here legally. I suspect the legal folks at the Census Bureau are scrambling right now and I don’t know how they are going to officially react. We live in interesting times for sure.

Re-Counting the Census

Wow.  Can he do that?  I guess he can.  This may turn out to be a really big deal.  How much might California’s population decrease if illegal aliens are discounted.  A million?  Three million?  Maybe more?  What if all of a sudden there are more people in Texas and Florida than New York and California?  Not to mention all the illegals in Illinois, Virginia and New Jersey.

So, this is Trump swinging for the fences.  I can’t imagine that the same federal judges that have challenged him on every executive order and every action he takes won’t write injunctions against this.  They may slow him down but I think the Supreme Court may back him on this if he can make the case that illegal aliens are being counted in defiance of the intent of the census to count how many Americans need representation in each state.

I listened to a little bit of a podcast where James Carville was freaking out over this and he said that if the Democrats can get the White House and both houses of Congress in 2028, they should immediately declare DC and Puerto Rico states and add six seats to the Supreme Court in order to claw back control of the federal government.  I took that to mean that he’s in a panic.  Trump is fighting gerrymandered fire with fire.  Massachusetts has been 100% Democrat for ages.  The Supreme Court has said that gerrymandering is not within their purview.  Since racial gerrymandering is no longer allowed, it’s only natural for the red states to copy states like Massachusetts and maximize the number of Republican house seats they can manufacture.

Trump is playing hardball and he’s doing it while he has the maximum clout he’ll ever have.  Could it backfire?  Not really.  It could fail to get all he’s looking to get but it’s not like the Democrats could ever get any angrier than the already are.  And this is the moment when the Democrats are as unpopular as they’ve ever been or maybe ever could be.  So, this is the time to strike.

We are living in very turbulent times.  We have elected Trump because the other Republicans were useless and dishonest.  We’ve hired a pragmatist who doesn’t like losing.  It certainly behooves us to back his play.  Any Republican wringing his hands or whining about alienating the Democrats is not to be listened to.  In fact, these are the people we must replace.  Trump has a vision of how to defeat the leftist political movement.  It entails restoring prosperity to the American middle-class and eliminating as much of the bureaucracy and the NGO’s that leech money and power from the federal government at the expense of the tax payers.  He is dead right.  Defunding USAID and other slush funds that feed the Left is brilliant.  Recounting the census is also brilliant.  He is doing everything he can to allow the real majority to get the government they want.  If he keeps up like this, it won’t be enough to add him to Mt Rushmore.  We’ll have to put him on the million-dollar bill (which will have to be added to circulation to allow for buying Starbucks coffee in a few years).

Mamdani and the Midterms

It looks like the next wave of Democrat politicians, the ones that will displace Chuck Schumer, Joe Biden and even Kamala Harris are much more openly radical.  The more mainstream edge of this new wave are people like Alexandria Ocasio Cortez.  They are communists but they are too stupid to actually figure out a strategy to put their absurd theories into practice.

The new wave is like Zohran Mamdani.  They unapologetically want to set up soviet style demand economies by expropriating money and property and giving it to the people who don’t work but will vote for him.  This is a major change.  And there are more of these people out there.  Omar Fateh is the Minneapolis version of Mamdani.  He’s challenging the already incredibly left-wing mayor Jacob Frey.  Both of these men plan to turn large cities (well Minneapolis is large, New York is gargantuan) into socialist experiments complete with real property seizure and redistribution, municipal grocery stores (that we assume would allow you to pay according to your means and take according to your needs) and mental health agents replacing police to move away from that whole crime and jail thing.

You have to ask yourself, “How can any of this possibly go wrong?”  Alright, stop laughing.

I think the timing of this is almost perfect.  It’ll be about a year after Mamdani’s election that the Congressional midterms will occur.  I’m guessing a year should be enough for total chaos to envelope Gotham City.  I won’t guess at how Minneapolis will fare.  It’s a very odd place and I don’t think the mayor is actually in charge the way he is in New York.  But New York’s fate should be enough to clue in the rest of the country about how well the Stalinists are able to handle large scale American government.

What I’m guessing is that the break down in law and order will be instructive.  I assume Trump won’t make anything easy for Mamdani.  He’s already threatening to cut off social funding for things like Medicaid and Medicare where he can show that illegal aliens are receiving benefits from the local and state governments.  Letting Mamdani’s administration sink under the weight of its own excess welfare benefits would prove the point that quixotic socialist boondoggles are a recipe for disaster in a megalopolis like New York with an enormous poor population that can’t be fed through taxing the rich and middle class.

Now maybe I’ll be proven wrong.  Maybe Mamdani is the future.  Possibly all along we’ve missed out on how giving away free stuff to anyone who doesn’t want to work is really the optimal strategy for running a society.  And in addition, getting rid of the police and the courts and the prisons will seamlessly transition us from a human society with crime suppressed by these listed means, into a utopia where everyone is good and just and crime doesn’t exist.  Well, I’m willing to take a bet on it.  If Mamdani is elected and doesn’t back out of his current positions I’d bet a hundred bucks that things will explode into chaos in less than a year.  And by chaos, I mean the Democratic party in New York will be screaming to impeach Mamdani and crime will become completely unmanageable.  Only time will tell but I’m feeling confident.

You Can Take it to the Bank

If I need another reason to sing the praises of Donald Trump, here it is.

https://www.foxbusiness.com/politics/trump-prepares-executive-order-fine-banks-dropping-conservative-customers-over-political-views

I have been hearing this for the last five years.  Banks and other financial institutions like PayPal and Stripe deny service to conservatives based on nothing but their political or social views.  In fact, this happened to Trump himself when Biden got into office.

And it’s not as if Bank of America would do this to someone and then the debanked individual could go to Chase Manhattan or another bank.  It was coordinated so that these people had no options.  They wouldn’t have a bank and they couldn’t do business.

“The issue arose earlier this year when Trump accused Bank of America CEO Brian Moynihan in January of not offering banking to conservatives during the World Economic Forum.   “You’ve done a fantastic job,” Trump told Moynihan during a question-and-answer session, “but I hope you start opening your bank to conservatives, because many conservatives complain that the banks are not allowing them to do business within the bank – and that included a place called Bank of America… They don’t take conservative business.”

Moynihan did not respond to Trump’s remarks regarding fair banking for conservatives during the forum. A Bank of America spokesperson denied the bank has closed accounts for political reasons and said they “welcome conservatives.”

“We serve more than 70 million clients, and we welcome conservatives,” the spokesperson told FOX Business. “We are required to follow extensive government rules and regulations that sometimes result in decisions to exit client relationships. We never close accounts for political reasons and don’t have a political litmus test.””

Now some of this attention has to do with crypto-currency.  And Trump is heavily involved in crypto.  But his emphasis on people being de-banked for social and political beliefs means these banks will be forced to justify anyone they debank.  And for the next three years at least, any conservatives de-banked will get an attentive ear from the Trump administration and this should make all the difference in the world.

Of course this isn’t just an American problem.  I read a while ago that Nigel Farage was de-banked in England.  Here’s a guy who might end up the next prime minister of the UK and he’s not even allowed to bank in his own country.

But it just goes to show you that the corporate entities that supposedly adhere to the American Constitution really only believe in power and money (in that order).  When the George Floyd riots and COVID irrupted they bent the knee and served the interests of the Democrats and the Deep State because they knew that was where the power was.

The only way these institutions will ever live up to their responsibilities is if the occupant of the White House forces them to.  And that brings me back to my praise of Trump.  When W was in the White House conservatives were told they had a friend in him.  But the abuse from government agencies and corporations never even slowed down.  RINOs and Democrats don’t give a damn about us.  That we’ve learned.  Trump does.  And for that he has my gratitude.

Boola Boola

Primativa Babullah – Welcome to the PBS NewsHour and I’m your host Primativa Babullah and tonight I will be interviewing President Donald Trump and will find out what new atrocities he plans to inflict on the people of this country and the rest of the world.  Good evening Mr. President.

Donald Trump – That was a very nasty introduction.  What foreign country are you from where they’re that rude?

Primativa Babullah – I’m from Westchester.

Donald Trump – Well, that explains it.  They have no class up there.

Primativa Babullah – Mr. President, the whole world is waiting to hear what new outrage you have waiting for us.  Yesterday you fired the head of the BLS.  The day before that you raised tariffs on India.  What’s next.

Donald Trump – I’m glad you asked Boola Boola.  I’ve had my DOGE crew looking into ways to get all those lazy useless bureaucrats to quit and save the tax payers a lot of dough.  And they came up with something really good.  What they discovered is that most of these people have become very fat from eating free government doughnuts.  Especially the ones with the chocolate coating and the sprinkles.  So today I signed an executive order banning the sale, manufacture and ingestion of sprinkles withing the District of Columbia.  That’s another name for Washington Boola Boola.

Primativa Babullah – My name is not Boola Boola, Mr. President.  It’s Primativa Babullah.

Donald Trump – Yeah okay whatever.

Primativa Babullah – But how will banning sprinkles from Washington help you to reduce the budget?

Donald Trump – I will let it be known that sprinkles will be available at one new government office site going forward.

Primativa Babullah – And that place will be?

Donald Trump – A new facility down in Florida.  Here it is on the map.

Primativa Babullah – But sir, that’s Alligator Alcatraz!

Donald Trump – No, no.  That’s across the lagoon.  This is called Crocodile Castle.  It’s a much classier place.

Primativa Babullah – You want government workers to work in a prison.

Donald Trump – It’s not a prison.  It’s a cutting-edge office environment that utilizes various incentives and feedback mechanisms to get the maximum value out of the employees.  For instance, there is an exercise facility that also helps correct a slight flaw in the construction design.  The stationary bicycles that the employees operate while working are attached to the pumps that keep the water level below the containment wall that keeps out the local fauna; let’s see Burmese pythons, American crocodiles, Nile monitor lizards.

Primativa Babullah – Why that’s horrible!  These people have to pedal for their lives?

Donald Trump – Well, technically we can’t force them to keep pedaling.  But it’s probably a really good idea if they do.  And they can take turns.  They don’t have to pedal more than eighteen hours a day, on average.

Primativa Babullah – But this is obviously illegal.  It’s a form of slavery.

Donald Trump – No, actually it’s just the terms of their employment.  They can always quit.

Primativa Babullah – But why go through all of these elaborate machinations just to save some government salaries?  Surely there’s an easier way.

Donald Trump – Because it makes great television.  I’m going to put this on one of the cable networks and call it, “So You Wanted to be a Lazy Slug!”  We’ll rig it so every Friday a python will get in and chase the fattest worker around the bathroom or something.  It’ll be an instant hit.  We’ll make a fortune.

Primativa Babullah – Mr. Trump, you truly are a monster.

Donald Trump – Hey I don’t try to sell people crappy over-priced tote bags so don’t get all holier than thou with me Boola Boola.

Primativa Babullah – Dammit, it’s not Boola Boola, it’s just plain Boola.  I mean Babullah.

Donald Trump – Hey calm down lady.  You asked me for this interview.

Primativa Babullah – Well, I’m sorry I did.

Donald Trump – Alright boys let’s roll.  Find the closest McDonalds.  I’m hungry (leaves the set).

Primativa Babullah – Well folks, sorry for that fiasco.  As you heard, the President has become unhinged.  But thanks to PBS this is the kind of hard-hitting journalism you come to expect from us.  Make sure to stick around for our begathon, I mean telethon coming right up.  Stay tuned and enjoy an anti-depressed viewing hour.

Donald the Great Cuts the Gordian Knot

President Donald Trump fired Erika McEntarfer, the Commissioner of the Bureau of Labor Statistics (BLS) hours after the agency released a jobs report that included substantial downward revisions for May and June, slashing a combined 258,000 jobs from prior estimates (May revised to 19,000 from 125,000, and June to 14,000 from 147,000).  Trump said McEntarfer, a Biden appointee manipulated the data to make him look bad.  He said on Truth Social that she would be replaced with someone “much more competent and qualified.”

It must be so much fun being Trump.  I think of how much fun it would be to fire the people who tick me off.  I’d fire the mailman when my mail was misdirected.  I’d fire the guy at the IRS who audited me.  I’d fire that cop who gave me the speeding ticket.  I’d fire the guy at the DMV who made me stand in the wrong line for a half hour.  I’d even fire that annoying woman who keeps sending me all that spam from my local politicians.  All these people would be fired and then I would crow about it and make them feel bad.  It would be so much fun.

But seriously, Trump is the guy who cuts through the nonsense and attacks problems as straightforwardly as can be imagined.  Base on the size of the revisions which are the largest such changes in sixty years he knows he’s being sabotaged by partisan operatives and he responds directly and effectively.  Something tells me the BLS is about to get a complete make-over that includes removing all the apparatchiks that were placed there by Obama and Biden and replacing them with a software program that gathers this data from the endless list of government statistics that already exist.  My guess is that it will streamline and optimize the process and it will also do it with a fraction of the number of employees and in a small percentage of the time currently taken to do it by abacus and cuneiform tablets.  I also imagine that there will be some BLS employees who will be willing to confess where the bodies are buried and whistle blow on McEntarfer and her cronies as to how they were cooking the books.

So, as we move past the six-month mark of the Trump administration the important thing to remember is that the fun is never really over.  At any time, Trump can descend from Mount Olympus and hurl a thunderbolt at some blasphemer among the denizens of Tartarus who still refuse to abase themselves at his feet.  Whether it’s the head of BLS or a climate scientist at the EPA or a college president or some state official in a “sanctuary community,” any of them are fair game for the “wrath of Don.”  And for me, the best part about it is the relish he seems to feel when he lowers the boom on these unfortunate targets.  They not only get fired or fined or audited he also mocks them mercilessly with deadly precision; replaced with someone “much more competent and qualified.”  I love that.

Long, Long Ago in a Studio Far, Far Away

As the tent-pole summer movies of July fade into August obscurity and dinosaurs, Superman and lesser Marvel superheroes get rated and dissected by the movie critics I think it has been established beyond a shadow of a doubt that the failure of Hollywood to replicate the billion-dollar paydays from earlier versions of Star Wars and the Avengers franchises can now be definitively explained.  They forgot that a superhero movie (or even just a plain hero movie) requires a hero.  And the requirements of a hero (whether in book or on a screen) include that we like the hero.

And that seems to be where Hollywood has gone off the rails.  They’ve managed to make a bunch of movies where the heroes are unlikeable.  For the most part these unlikeable heroes have tended to be of the type currently known as the “girl-boss.”  The prime example of this category is Rey, played by Daisy Ridley in the Star Wars movies.  The type includes the following traits:

  • Although small and thin she is completely capable of defeating men many times her size.
  • She hectors male characters about their obvious shortcomings compared to her.
  • Completely humorless.
  • Has no flaws.
  • Has no setbacks.

Now, this sort of character fits perfectly into the social messaging of all modern Hollywood films.  It allows older franchises with male protagonists to be replaced with the girl-boss.  Examples include Rey in Star Wars replacing Luke Skywalker, Helena Shaw replacing Indiana Jones and Captain Marvel basically replacing all the Avengers.

The problem with these replacements is that the producers think that just saying that their new characters are just as good as the originals (if not better) is enough.  For some reason they didn’t think it would be necessary to hire good writers and directors to make the movies exciting and entertaining.  But as it turns out they are extremely important if you don’t want your movies to be unwatchable crap.  And that is the thing that all these movies share.  They’re awful.  And unfortunately for Disney they’ve been making these “better” movies and television series in the Star Wars and Marvel series for about ten years and they’ve completely dissipated the enthusiasm and good will of their legacy audiences that paid billions of dollars to see the older movies that actually were well written, exciting and entertaining.

Over the last six months it has finally dawned on Disney (and the other studios) that they’ve killed the goose that lays the golden eggs.  They’ve alienated about 70% of their audience and destroyed a machine that printed cash.  From what I’ve read, the most recent Marvel movie “Fantastic Four” went to lengths to not go down the girl-boss lane and even had a decent script that could be enjoyed as an adventure movie.  The problem is that most of their old audience didn’t bother to give it a try and so the movie while not a complete bomb is struggling to become profitable.

Regardless of whether “Fantastic Four” makes money I think we may be at a turning point in the fantasy-adventure genre.  It has finally dawned on the studios that social messaging for the woke agenda is box office poison that has a tiny audience.  As the recent purchase of Paramount by Skydance Media demonstrates, entertainment that doesn’t make money ends up on the auction block and then the chopping block where the unentertaining and unprofitable components get sliced off and thrown in the garbage.  And similar things are happening all over the media and entertainment world.  CNN, MSNBC and CBS are all finding out that woke ideology doesn’t equal profitability and if they can’t adapt to a world that isn’t amused by it, they’ll be out of work.  I guess I’m an eternal optimist but maybe, just maybe, in a year or two decent fantasy adventure may be produced in Hollywood again.  At least it could happen!

Capon Parts Ways with Red Lobster

Girl Boss Anchor – And as we finish this broadcast I have heard that Jonathan Capon will be leaving Red Lobster.  Jonathan, would you like to address this development with our audience?

Jonathan Capon – Sure why not?  Well, first of all David Books brought me aboard under false pretenses.  He told them I was an illegal alien and would work for first pick of the kitchen scraps like some kind of rodent.

Second of all, the head waiter told me to “butch it up.”  And strike three, someone put up a poster of Sydney Sweeney in the locker room.  In this kind of hostile work environment I just couldn’t be my authentic self.  For all these reasons I’m going back to my refrigerator box and my crew under the overpass.  Let Books enjoy his corporate fat cat existence here at the Red Lobster but I have to be real.  I have to testify to my own lived truth.

Girl Boss Anchor – That’s interesting.  David told me you were fired because you fell asleep in the Shrimp Freezer Room and had to be chiseled off of a shelf.

Jonathan Capon – There might have been something like that but there’s more to the story that I won’t reveal until the case comes to trial.

Girl Boss Anchor – Thank you Jonathan for that interesting slice of life and we await your next assignment with great interest.

Jonathan Capon – Hey, any chance of an advance?  We need a new refrigerator box after the rains.

Girl Boss Anchor – Sorry, no.