US Supreme Court likely to overturn the Colorado Supreme Court re: Trump and ballot approval

The US Supreme Court has granted certiorari to hear Trump's appeal from the Colorado Supreme Court decision to bar Trump from being on Colorado's presidential ballot. 

The US Supreme Court is likely to overturn the Colorado Supreme Court, but such overturning will be for political reasons. This is the irony because the usual argument is that barring Trump from the ballot was political. Yet, as I made clear in my December 31, 2023 post, it will be hard for the US Supreme Court to deny Trump was a key person in the January 6, 2021 insurrection, and that it was an insurrection. They will also not be able to refute the fact that Trump spread the lie there was massive voter fraud in the election he lost and that he had somehow won--but in fact lost the election.

The US Supreme Court majority at least will likely hold the 14th Amendment section 3 is not self-executing so that it must be Congress which must act. However, this is ridiculous when there is no material dispute of fact of the Big Lie and Trump's role in the insurrection, making the situation not any different than a court or secretary of state finding the proposed candidate is not going to be age 35 by the time of a presidential inauguration or is otherwise not a natural born US citizen.  

Another basis to reverse the Colorado Supreme Court is to say it is a "political question" which means the Courts should simply not get involved in a dispute deemed political, not legal. Yet, that basis itself is political because the facts are materially undisputed and so there is no reason for the court to deny the reality of those facts. The "political question" doctrine is, in any event, to be sparingly used and is not a bedrock rule of law in practice. 

In addition, the politically minded six right wing justices could simply end the applicability of the 14th Amendment, section 3. They could hold the 1872 Congressional act that granted a blanket amnesty to all who supported the Confederacy means section 3 is a dead letter.  This was an interpretation initially believed by at least the court in the Majorie Taylor Greene lawsuit, but three law review articles, each doing a deep dive into the history of the amendment and that congressional act, have shown that position to be historically wrong.

I would only be surprised if the majority of Justices held Trump, as president, is not an "official of the United States." The Colorado Supreme Court's analysis of that argument should be conclusive in rejecting that argument. I note, too, none of the dissenters on the Colorado Supreme Court challenged that particular conclusion. As understood at the time, what use would the  amendment section be if say Jefferson Davis was barred from every federal office but could run for president or vice president?  Also, the amendment section does mention Senators and Representatives. But that is because, in the US Constitution, such are called "members," not "officials." 

If a majority of the Court had integrity and wanted to truly protect and maintain the US Constitution, it would hold that Trump (1) made an oath to protect and maintain the US Constitution, (2) never offered a meritorious defense for his statements and actions, and (3) spread lies about the election result and thereafter precipitated an insurrection to stop the constitutionally mandated presidential transition. Thus, a Court with integrity would hold Trump is correctly barred from regaining any federal office or being a member of the Congress unless 2/3rds of Congress votes to allow him to do so. 

Note that last part. Under the last sentence in the 14th Amendment, section 3, it is possible enough Dems could join all Republicans in the US House of Representatives and Senate to reach the 2/3rds. That would be the irony of ironies in the litigation now pending. I would hope enough Dems would see that as both morally wrong and worse, normalizing insurrectionist behavior on top of a Big Lie.

Progressive and other rock/fusion releases fifty years ago this year: 1974-2024

 It's that time again. We go through a bunch of albums turning 50 this year.  Albums I remember being released, many of which meant so much to me.  There is no particular order this year. Just me riffin'.  

Let's start with:

Kansas, "Kansas." This is the first album of what I consider to be the best American progressive rock band. The most amusing thing is Kansas actually garnered a Best New Group nomination from the odious Grammy Awards.  However, they lost to Starland Vocal Band, which had the big one hit, "Afternoon Delight." The first Kansas album stands the test of time and is well worth the full listen.  It is a remarkable work.  RIP to its violinist Robbie Steinhardt, who died some years ago. I see they are touring this year, but it is only the drummer and bassist, from what I recall. I don't like when the heart of bands are missing. I mean, Steve Howe should just say the Steve Howe band. There is nobody from the key or significant Yes lineup with him so that it just seems like false advertising.  Anyway, let's keep moving!

Renaissance, "Turn of the Cards." This is a wonderful album. So lush, so powerful, and the angelic voice of Annie Haslam. This is the album with "Running Hard," "Mother Russia," "Black Flame," and "Things I Don't Understand." It is a marvelous work that definitely sounds outstanding today. Why Renaissance never crossed into the big pop world remains perhaps the biggest mystery of the music scene of the 1970s.

Esperanto, "Danse Macabre." This multi-European band had three albums. The first was not memorable, and the third hit and miss (the hit is for the great version of "Eleanor Rigby"). But this album, the second album, is perfect.  And brilliant. It is a must-listen.

Argent, "Nexus." This was Rod Argent in full on prog mode. Love this album including today. I am so glad to have seen Rod Argent finally in 2023 when the Zombies came through NM specifically Santa Fe. He and lead singer Colin Blunstone were in great form and it was wonderful to see the heart of the Zombies who I had also never seen live.

King Crimson, "Starless and Bible Black" and "Red." Crimson released two records in one year as Fripp suddenly, and without notice to his bandmates, decided the world was too complicated, and King Crimson especially too complicated--and ended the band. It sure smelled like a nervous breakdown to us fans, and I know from reading Melody Maker that Bill Bruford was pissed and John Wetton frazzled by Fripp's decision. Crimson was on the verge of expanding its audience beyond prog fans to heavy metal fans, which could have put Crimson into stadiums for concerts in the US.  The record company, Atlantic Records, saw this, and in 1975, released a live album of Crimson simply called "USA" that captured the 1974 performances. I was lucky enough to see Crimson in May 1974 and they were so powerful and frankly sublime. God, I miss that lineup.  

Gentle Giant, "The Power and the Glory." GG released this album within a month or two of Nixon's August 8, 1974 resignation, and it was clear this album's lyrics and music were constructed in the context of Watergate, but with a more philosophical bent to show the rise and fall of leaders who manipulate public opinion with vague words and misleading/contradictory statements. It is extraordinary how this album holds up as an album, even as the songs individually don't have the legs to stand as strong in a consistent manner.  Listening to this album is like listening to a Broadway play's soundtrack to that extent. The album remains Derek Shulman's (lead vocalist and sometimes instrumentalist) favorite. I am more partial to a few other albums, but when I listen through the album, I am knocked over.  UPDATE 1/1/2024. I learned at the end of this day that Travis Scott, a rapper, samples the opening part of the first track, "Proclamation."  And it was a hit.  A big hit. I saw a live clip where Scott's entire audience is singing along with the GG song's opening right through "Hail! Hail!" It was surreal. :) FURTHER UPDATE: 1/2/2024. I forgot how the British label, WWA, required GG to write and record a "single" that would be good enough for mainstream radio. They came up with this, but British and American radio programmers were uninterested. And here is the live recording of "Hyena" from Travis Scott. 

Genesis, "Lamb Lies Down on Broadway." This may be, along with The Who's "Quadrophenia", the best double album in the annals of rock.  This album is so powerful to listen to even fifty years later (well, it was released in December 1974, so maybe 49 for most of the year!).  The prog elements are meshed into a pop sound, but with stronger musicianship than any pop band (including progressive pop band, Renaissance).  Just pick almost any track, except maybe one of the interludes, and be amazed. This is a powerful album and definitely one which highlights why prog fans talk of "Genesis with Gabriel", as in Peter Gabriel. This was Gabriel's tour de force lyrically and emotionally, but the Tony Banks keys, Steve Hackett guitar work, and Phil Collins drumming dominate so much of the album musically.

Yes, "Relayer." With new keyboardist, Patrick Moraz, who had just left Refugee, Yes had a great rebound from what most see as the excesses of "Tales of Topographic Oceans" in 1973 which drove Rick Wakeman out of the band. This is a near perfect album, with the one full side track "Gates of Delirium" and "Sound Chaser" opening the second side. The third and final song on the album is okay, but it never hit me all that much. But literally most of this album is amazing, and a must-listen. 

Refugee. Self-titled. Two members of the Nice with Moraz made this one and only album. It has some solid moments, but it never quite gets to the level that says, "Oh, I wish this band had stayed for a second album." The "Grand Canyon Suite" and "Someday" are the two best tracks I recall, and still like to hear from time to time. 

Camel, "Mirage." This was Camel's second album. It firmly established Camel as one of the great young prog bands. I have said, and actually saw someone else saying it later, that Camel was Pink Floyd with prog level top musicianship. Yes, indeed!  The album just flows right through, and reaches the crescendo of the amazing track, "Lady Fantasy." It is an album I found some heavy metal fans liked, even though I also find those who love prog-pop Renaissance love this album. American FM radio was already being commercialized into a new AM structure and so most people missed this band's incredible sophomore recording.

Daryl Way's Wolf. Self-titled (US release) and "Night Music" (UK release). The first self-titled album was a compilation of two 1973 British releases of this band led by violinist and former Caravan member, Darryl Way, with three other amazing musicians. John Etheridge may have been the fastest playing guitarist I ever heard (he ended up next in Soft Machine and became far more known in British circles as a jazz guitarist). This is hard prog rock and I know again metal heads who went nuts for this album. The second release is the same band line up with a separate lead vocalist.  It is not as hard a sound on "Night Music" but some great tracks nonetheless.

Jethro Tull, "War Child." Ian Anderson wrote most of this album in anger and frustration at the attacks in the British and US rock music press against "A Passion Play" and "Thick as a Brick," both of which remain perhaps in the top five albums of the entire 1970s and are as important as Gershwin's "Rhapsody in Blue." Just listen to those albums if you don't believe me, and then listen to "Rhapsody in Blue." In fact, I'd put those two albums above Gershwin's work. There. I said it. And I definitely believe it. But "War Child" is a great album on its own terms. It has "Skating Away on the Thin Ice of the New Day," "The Third Hoorah," "Two Fingers," "Back Door Angels," and the title track, among some other cool and creative tracks. It also contains the cynically created, but big FM and even AM cross over hit, "Bungle in the Jungle." Anderson would refer to the latter as "Grumble in the Restroom," and was clear he wrote it to satisfy the record company which wanted a hit single, not a one song album any longer. It has struck me as ridiculous for Anderson to put down TAAB and the Play albums as satires on progressive rock when the interviews Anderson gave to Melody Maker, NME, and other places at the time show his frustration for the rock critics ripping those two amazing albums, and how he had to rein in his creativity to create stand alone single songs.  But again "War Child" is an outstanding album with tracks that still get played on the classic rock stations and deservedly so.

Arthur Brown's Kingdom Come, "Journey." I remember telling people this album was so scary-weird in its electronics and musical structure that it would freak out our grandchildren. I am firmly convinced Gen Z would be amazed by this album if someone played it for them.  I won't say our daughter would like it, as she is more the Broadway tunes person, and likes her Mitski, Phoebe Bridgers, etc. But guys and gals who love the freakier music of today in video games would be knocked over by this very advanced in time album. It simply doesn't sound like something produced in the 20th Century. It was one of the earliest uses of a drum machine, and Arthur Brown made sure to put it to use for freaky purposes. Well worth the listen for at least "Time Captives" and "Superficial Roadblocks." 

Frank Zappa and the Mothers, "Live at the Roxy and Elsewhere." This is the greatest live album from Zappa, in my not-humble opinion, and has so many great tracks created for the 1973 tour that were simply so great live they were released live, not from studio. I mean, really. The whole double set is great and maybe I have to revisit my statement above about "Quadrophenia" and "Lamb" being the two greatest double albums to add this one.  This is vintage Zappa, where the patter is as great as Sinatra's patter for his great double live album at the Sands hotel in the early 1960s (Quincy Jones was Sinatra's arranger, and Sinatra was with the Count Basie Orchestra. Man, a great double album too!). Zappa is very proggy in multiple tracks, as he had some top level musicians, including Chet Thompson at drums and George Duke on the keys, among others. The Daughter loves "Cheepnis," Zappa's ode to 1950s monster/horror movies. If you want to get into Zappa, maybe start with this album. It may be overwhelming with the musicianship and prog aspects, but it will show why serious musicians and composers recognize Zappa as one of the greats.

Frank Zappa, "Apostrophe." This is the famous album with "Don't Eat that Yellow Snow." However, if one just thinks this is a poppy throw away album, one would be deeply wrong. This is the lineup with the Roxy concerts for the most part, and is as much a jazz-rock album as a prog rock album. This is Zappa roaring with amazing music and a sound that is deeply affecting.

Utopia. Self-titled. This is Todd Rundgren's band he foretold at the end of his "Wizard, a True Star" album in 1973. "Wait another year/Utopia is here/But there's more..."  This is a brilliant album with the greatest one side 30 minute song you'll ever hear.  Note those qualifiers, but "The Ikon" is a great concerto posing as a progressive rock song. Each movement contains elements of the next movement and then near the end takes the main themes and crunches them together. The first side is simply wild, with the track "Freak Parade" guaranteed to have your non-prog rock friends going "What the hell?" But it is so great.  It is Rundgren definitely channeling Zappa. 

Kayak, Self-titled. This is Kayak's first album, and contains the seeds of what would become its best album, released in 1975, "Royal Bed Bouncer." This Netherlands prog-pop band was not fully consistent, but I don't think one can find more bouncy, creative, fun, and yet complicated melodies than this band produced in the mid-1970s. There are a few gems on this album, making it a must-listen. 

Hatfield and the North, Self-titled. This is a great first album from the legendary Canterbury British band with a mischief making sense of humor and tremendous musicianship and composition abilities. This is not an album for the feint of heart or without some knowledge of music theory.  For those of us who do love creative musical styles, this is a wondrous album. There are separate track listings, but it just flows and flows and there are not really any breaks. Hatfield and the North would eventually morph into the last great 1970s progressive rock band, National Health, but here they were just starting to jell in this line up of superstars from other earlier Canterbury rock bands.

Strawbs, "Hero and Heroine." Group leader Dave Cousins called this his "nervous American music" album. I call it one of the master works of the era.  It is a great album from start to finish, where this progressive folk band accented the prog while maintaining the folk sound that served them so well. The title track is a wild and wonderful one, and there are other great tracks throughout. This is an album to just let it run and flow. A great work that almost feels like movements rather than separate songs, but the separate songs are outstanding. Lush melodies, great lyrics, and powerful musicianship from those who are not the greatest technical musicians.

Premiata Forneria Marconi, "L'isola di niente" or "World Became the World" (different title, not a translation). This was PFM at their height of prog and the album was wonderful. I saw them live in August 1974 at a free concert in NYC's Central Park and have to say it was one of the greatest concerts from any band of the decade that I attended. That performance became part of a live album, "Cook," I should add. I think the English release is better than the Italian release, which may put me in the minority.  But I loved Pete Sinfield's English lyrics for this album.  I should add I like the Italian version of the 1973 album, which in English was called "Photos of Ghosts."  There, the Italian version suits me better. But, anyway. Check out PFM if you haven't heard them, and "World Became the World" is a great introduction.

Le Orme, "Contrappunti." Another great Italian progressive rock band, with a powerful album released this same year.  If you like Rush, and I admit I have never been on that band's bandwagon, just listen to Le Orme. I consider them far more powerful.  But, let's admit Rush released its first album in 1974, and it was a major hit in Canada and made big inroads into the US without much airplay from the leading FM rock stations now called "classic rock." 

Return to Forever, "Where Have I Known You Before."  I never liked this album, and may have to give it another listen fifty years later. It is the first album with the still teenaged Al DiMeola at guitar, and which lineup would go on to write and record the classic jazz fusion/rock of the 1970s. This may be more interesting historically than an actual listen, but again I will revisit.

Stanley Clarke. Self-titled. This is Stanley Clarke's first solo album, also released in 1974. It contains "Lopsy Lu," with Tony Williams' amazing drum work, and remains one of the single greatest jazz rock tracks of the entire decade. This is a great jazz rock album hands down!

Eleventh House. "Introducing..." This is the first album of a jazz rock band that was a monster in the best sense of the term. It has guitar extraordinaire Larry Coryell and the outstanding drummer, Alphonse Muzon. I loved this album upon its release and remain a fan of that album through today. 

Maynard Ferguson, "Chameleon." What? An old 50s jazz great? What's he and his band doing here? Well, I'll tell you. It is a great jazz progressive rock fusion album, and one that is as good as any other jazz rock act released that year.  It has some of the greatest young jazz musicians who were steeped in prog and psychedelic rock, such as keyboardist Alan Zavod. I played a couple of tracks for The Son recently, and he was amazed. He loved it. Yeah, man. It is the greatest, man.  Definitely listen to this album, starting with Maynard's band's version of Chick Corea's "La Fiesta." It is better than Chick's original version. And the band does a raucous and powerful version of Stevie Wonder's "Living for the City," too. This is great jazz fusion but with the accent on jazz. 

Electric Light Orchestra,"Eldorado."  I did not want to believe it at the time, but I was starting to worry that ELO was leaving its more progressive rock roots for full-on pop. There were flashes of progressive elements, but this was definitely stuff my sister and her friends began to like. That meant definitely not progressive rock. LOL. I would not recommend the album to progressive rock fans other than to say, Give it a listen once and see if you like one or two tracks. For those who like later ELO, this may represent a good find that will bring some pleasure.

Emerson, Lake & Palmer. "Welcome Back My Friends...." This is a live double album which I admit to not placing all that high in the ELP album annals.  It is solid, no doubt. Just not compelling. Go for the studio works, including "Brain Salad Surgery" (1973) upon which this live album is built. 

Gryphon, "Midnight Mushrumps" and "Red Queen to Gryphon Three." This prog-folk band is a heavy version of the Strawbs, and is not for those who think they are going to get Fairport Convention or even Steeleye Span. This is progressive rock more than folk, but the basic elements of British folk are definitely present. This is a band which never got the FM airplay it should have had if FM had not been taken over by the full-on commercial interests. These are definitely worth hearing if you miss hearing prog rock you missed the first time around. I know I have loved hearing this band since The Son had me listen.

There are other prog albums released that year that I am not admittedly as major a fan or else never had a chance to listen to. Besides Rush, mentioned above in the context of Le Orme, there are the Rick Wakeman "Journey to the Center of the Earth" (which I have not liked then or now), Kraftwerk's "Autobahn" (which I was meh about then and now), Tangerine Dream's "Phaedra" (same), Focus' "Hamburger Concerto" (same), Caravan's "Caravan and the New Symphonia" (which merits a re-listen), Mike Oldfield's "Harvest Ridge" (another re-listen is necessary), Sui Generis' "Pequenas anecdotas sobre las instituciones" (a historical oddity from Argentina, which merits a listen for its appearance before the Argentine coup, as the album contains a warning in prog symphonic rock style), and others I missed the first time or forgot now. 

1974 was still a high water mark for progressive and jazz rock/fusion. In 1975, the cracks began to appear, as the combination of press rock critics, FM radio station program directors, and the falling away of audiences to disco, punk, and then new wave was beginning. The belief was progressive rock and jazz/rock fusion were excessive, in the similar way bee-bop or straight ahead jazz went past a larger audience in the 1950s. Remember what Chuck Berry was saying that he had "no kick against modern jazz/Unless they try to play it too darn fast/And lose the beauty of the melody/Until it sounds just like a symphony." That's why he liked his simple and straight forward "rock and roll music," ya know? The difference between that attack on bee-bop/straight ahead jazz in the 1950s and the attack on progressive rock in the 1970s was the latter was viewed with outright contempt by the anti-intellectual rock critics at Circus, Rolling Stone, Creem, Village Voice, and the NME in the UK, among others. It was only in the pages of Melody Maker in the UK, and then in more technical journals, "Guitar Player," "Modern Drummer," "Contemporary Keyboard" or "Stereo Review" one saw more respectful coverage of progressive rock musicians and bands. 

Oh well, that's enough for this holiday of New Year's Day 2024. We'll see what this year brings for all of us here in the USA and elsewhere.