By Ben Hogarth
“Support, protect, and defend the Constitution and Government of the United States.” These words resonate in every oath of office to which the recently elected have been swearing since November. So it’s inexplicable why Florida Republicans are filing legislation that directly conflicts with this principle.
Rep. Julio Gonzalez, the Venice Republican, filed House Joint Resolution 121 immediately following the Christmas holiday, hopeful the rest of us aren’t paying attention. Like a knife in the dark, the bill, if voters approve the constitutional amendment it’s seeking, would grant the Republican-dominated Legislature a golden pen and supremacy over all courts—county, circuit, appellate and supreme, regarding future legislative matters.
If the Florida Supreme Court today strikes down a law passed by the Legislature, that law is no longer valid. If Gonzalez’s proposal becomes law, the Legislature may one day have the authority to override any Supreme Court ruling—or any other non-federal court ruling—with two-thirds majorities of the House and Senate. Florida Republicans already have those majorities in both chambers.
Gonzalez filed a separate bill asking Congress to start the process that would lead to an amendment to the U.S. Constitution, granting Congress the same power over the United States Supreme Court.
Gonzalez claims the “judiciary branch of the Federal Government has taken an increasingly activist role aimed at molding legislation.” He is just as critical of state courts. He may have a case if it were true. But his understanding of constitutional history is as shaky as his grasp of recent issues between his Legislature and the Florida Supreme Court.
In Marbury v. Madison, the Supreme Court’s first landmark case, Chief Justice John Marshall established the principle of judicial review over all matters pertaining to laws of the United States. Marshall’s ruling also reinforced a fundamental, hierarchical difference between constitutional law and all future legislative acts. The Constitution is paramount. No law, in other words, may override or “offend” the Constitution.
“It is emphatically the duty of the Judicial Department to say what the law is,” Marshall wrote. “Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each.”
Why then, do Florida Republicans feel entitled to a legal redress? What injuries have they suffered at the hands of the judiciary? What, to them, defines judicial overreach? Certainly a better case can be made that suggests the opposite. It’s the Legislature that’s been overstepping its mandate by attempting to manipulate elections through illegally drawn electoral districts.
The foundations of democracy depend on legitimate elections in truly representative districts. That’s not the kind of districts the Legislature drew after the 2010 census. It got to work disenfranchising swaths of voters while maximizing Republican electoral chances. The League of Women Voters of Florida accused the state GOP of active partisanship in redistricting, sued and won: The Supreme Court ruled that certain electoral districts in Florida had been illegally drawn by the [Republican majority] legislature and were in fact, partisan in intent – a more diplomatic label for gerrymandering. And this after voters had approved a constitutional amendment to reduce gerrymandering. (Flagler County’s House and Senate districts were affected by the decision.)
If not for an arguably conservative intervention by the court, the disenfranchisement of Florida voters would have lingered and perhaps proliferated so long as the Republican majority remained in control.
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury,” Marshall wrote. Unfortunately for Florida voters who have suffered injury from Republican manipulation of voting districts, there is no true remedy for mendacity. Elections cannot be undone.
Ironic how the same legislative body that swears to uphold the Constitution undermines voters while seeking to silence the only branch of government in its way. “If such be the real state of things, this is worse than solemn mockery,” Marshall had aptly written about duplicitous oath-takers. “To prescribe or to take this oath becomes equally a crime.”
If we grant any merit to legislative proposals like Gonzalez’s, we’d be overriding hundreds of years of common law, Constitutional law and judicial interpretation. We’d be complicit in eroding our democracy and handing unchecked power to a few senators and House members. It would be no less of a mockery than to still give credence to the oath our legislators swear to uphold even as they scheme to undermine it. How our democratic nation could tolerate such provocation and transgression by any body of representatives is beyond comprehension.
Thankfully, our laws and Constitution are still in our hands – for now.
Ben Hogarth, a former Special Projects Coordinator for Flagler County, is the legislative affairs and communications coordinator for the City of Stuart. He interned in the late Sen. Ted Kennedy’s foreign policy office in Washington in 2007. Reach him by email here.
Fredrick says
““Support, protect, and defend the Constitution and Government of the United States.” These words resonate in every oath of office to which the recently elected have been swearing since November. So it’s inexplicable why Florida Republicans are filing legislation that directly conflicts with this principle.”
It’s odd that our current President said those same words and the “media” failed to bring up how he and his administration completely ignores it….. Does anyone else find that odd?
DRedder says
The Problem is that the courts chose to interpret the laws rather than enforce them.
Ws says
Obama has been screwing voters for the last 8 years so nobody on earth can do any more harm than him. Thank God Trump is in and Obama is out. Now we can undo all the garbage that has been put forth for the last 8 years. Go Trump!! The smart voters have spoken.
Jim Massfeller says
The Legislature is the “voice of the people” and responsible for writing new laws or revising old laws as the desires of the people dictate.
Sherry says
Ah. . . Frederick. . . as with the Russians (or anyone) hacking our computers and manipulating our elections. . . as long as the issue at hand puts more and more power into the control of the Republican party. . . even the checks and balances of our Constitution is at dangerous risk! We are quickly becoming a fascist dictatorship!
Excellent article!!!!!
Nancy N. says
DRedder – Interpreting laws is the entire purpose of the existence of the court system. You have to interpret law to apply and enforce it.
Yeah Ws…it’s an abomination that people can get married and have health care. WE MUST STOP THAT EVIL AT ALL COSTS. /sarcasm
Sherry says
Our highly educated experts in the field of constitution law. . . AKA JUDGES. . . should continue to be the ones creating and interpreting the laws of our country. . . certainly NOT the politicians or popular vote. We are NOT an Anarchy!
Fredrick says
Ah… Sherry.. nothing has been shown that any voting machines were hacked by the Russians or by anyone. Nothing has been shown that anyone changed any ones votes or falsified the vote count. Whoever hacked the DNC and the Clinton campaign exposed the corruption of the Democrats. Yes I am sure that bad things go on similar to that on the other side too. You put up a flawed candidate, a worse one that the Republicans did which is hard to beleive and and you lost. It will be ok, you will survive just like we survived the last 8 years of a disaster of an administration.
“certainly NOT the politicians”… again why was the media not publishing articles like this one during the last administration tenure?
Instead of making excuses and placing blame maybe the Democrats need to look at the message and direction they have been heading. The people of spoken. They have said enough of the direction that Obama has been taking the country and no to HRC who would have continued down that path.
Sherry says
The direction of the Democrats and “twice elected” President Obama has been toward EQUALITY and ACCEPTANCE of all human beings, toward health care for ALL, toward a diplomatic resolution to conflicts, toward HOPE and CARING. How Terrible. . . that anyone finds that to be the wrong path. . . how pitiful!
Although maybe the voting machines weren’t hacked, foreign actors are most certainly STEALING personal data and using it to powerfully influence our election. . . the very foundation of our Democracy is at stake and the Republicans want to look the other way simply because it benefited them. So. . . stealing and other criminal acts are OK as long as it is not against MY AGENDA. . . is that right?
Are you really so blind that you can’t see that Russia probably hacked the emails of the RNC as well. That’s very powerful leverage that can certainly be used to control us. And what about future elections? Are you really ready to surrender that kind of power over our country to anyone?
Ethics, integrity, honor. . . all down the drain! Replaced by greed, racism, xenophobia, homophobia, fear, hate, bias, prejudice, bigotry, bullying, billionaires avoiding taxes, manipulation, corruption, secrecy, power grabs, maximizing profits off the backs of others. . . and on, and on, and on! And, that is what Trump has brought us to!
Blaming the media is just a very lame attempt to distract us from the fascist state that is being thrust upon us!
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Representative Julio Gonzalez says
Dear Mr. Hogarth,
I have read your incredibly biased article with great interest. Your gross misrepresentations, not only of my bills, but of my motivations are, quite frankly, revolting. I can only surmise that this piece is being published as an example of what journalism is not. After reading FlaglerLive.com’s purpose, I can’t help but question how your blog entry comes in any way close to living up to either Flagler Live’s mission statement of providing “high-quality, original journalism,” or the advertised value of fostering “open, honest and civil conversations?” I am pleased, however, that most of the responses so far have not swallowed the mammoth-sized bolus of left-winged propaganda you intended to deliver.
Your accusation of my trying to sneak a bill during the Christmas holiday when no one would notice is laughable and flies in the face of reality. I filed my memorial and my joint resolution EARLY because I wanted Floridian’s to have as much time as possible to study and discuss my proposals. Remember, (or do you not know?) that session does not even being until March! In fact, I filed the bill THE VERY DAY they both became available from drafting because it is such an important issue that I wanted to waste no time in getting it to the public. Truly, a legislator who was trying to file something with the intent of sneaking it past the public would have done so at the last minute, and voted for it late Christmas Eve (a technique employed by Democrats in passing Obamacare). They would specifically not put it at play months ahead of time like I did.
Second, you really need to brush up on your ignorance of what checks and balances are as my proposal ADDS a check and balance where there presently is none. If anything, your article should be called “Adding Checks and Balances One Bill At a Time” rather than “Eroding” them.
Additionally, I notice you did not share that it was Jefferson who first identified the problem in 1820 and Washington who warned of the consequences his Farewell Address. Nor did you share with them that this proposal is already operational in Canada where it has been working seamlessly for over 30 years. All this, of course, was available in the same article I authored and which you quoted, adding to your disingenuousness.
In order to help counterbalance your deceitful report, I am providing a link to your readers of my explanatory article so that they may enjoy a more honest discussion of this incredibly important topic (http://therevolutionaryact.com/amend-constitution-american-notwithstanding-clause/). I will also post your article on my personal and state representative’s Facebook page (https://www.facebook.com/search/top/?q=julio%20gonzalez%2C%20state%20representative) so that others may be aware of the malicious and ignorant bias displayed by the media when they decide to unfairly attack an idea with which they disagree and the person presenting it. Hopefully, calling you out will mean the end of this irresponsible form of non-journalism.
My regards, however, to your astute readers who have thus far dispelled your misguided and deceitful assertions.
Sincerely,
Representative Julio Gonzalez
Ben Hogarth says
Dear Representative Gonzalez,
As the topic of our conversation strikes at the very heart of the intense historical debate among several of our nation’s most ardent patriots, I wholly appreciate the delicacy of our opinions in representing not only facts – but truth. And while all truth, even the laws of science, are subject to revisions, meaningful context is the foundation for our reasoning. Therefore, in the spirit of and in search for truth, I must address each of your claims individually:
1. My article was published as an example of what journalism is not.
While I do personally hold that my intentions are to better inform the public, never would I pretend to be a professional ‘journalist’ or in any way, claim exclusive rights to findings of truth. My opinions, extrapolations, and explication of facts are subject to public scrutiny. As Jefferson once noted; “It is so difficult to draw a clear line of separation between the abuse and the wholesome use of the press, that as yet we have found it better to trust the public judgment, rather than the magistrate, with the discrimination between truth and falsehood. And hitherto the public judgment has performed that office with wonderful correctness.” –Thomas Jefferson to M. Pictet, 1803.
Although the opinions expressed in my article and within this forum are simply my own, I have every trust in the public to subject my reasoning to the same skepticism and investigations of any public servant. Admittedly, the public has tendency to be deceived by rhetoric or unsubstantiated claims, but like Washington and Jefferson, I believe that truth will always endure and that public credit should always be cherished.
2. My understanding of ‘checks and balances’ is fundamentally flawed.
In filing this legislation Representative, you boldly claimed that George Washington in his farewell address to the nation, warned us of consolidating power among despots. So, that there is no misrepresentation of fact, here is also what he said: “It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism.”
I find it highly ironic that a representative of one of these ‘departments’ of our government would claim nobility of purpose with one hand, and consolidate absolute power with the other. If we investigate Washington’s specific word choice, we must agree that he did not warn us about the encroachment of opinions – but of power. As the Constitution has so eloquently defined: The Legislative Branch writes laws. The Executive Branch executes laws (policy). The Judicial Branch interprets laws (review). These are the powers to which each “department” of government is constitutionally charged. Your legislation would wholly undermine the very Constitutional power of the judicial branch of government to interpret laws written by the legislature or those executed by the President. The very basis for the existence of the judicial branch is to render a judgment or “review” of law, including to expound upon it. If my arguments do not serve enough justice to this reasoning, certainly hundreds of years of case law and accepted, working legal practice by countless justices, judges, and attorneys should – regardless of the dissent of a few.
3. Your legislation was filed “early” and not intended to contrive or deceive the public.
As I stated before Representative, I claim no exclusive rights over ‘truth.’ The public is free to investigate and criticize at will, both of our claims or assertions. In the search for truth, I could not omit the coincidental nature of your bills timely filing. Legislation for the upcoming session has been filed for months leading into the holiday season, however your offices’ filing the first business day following Christmas gave the appearance of political maneuvering. If this assertion is principally unsound, the public will certainly discredit the notion and address the other claims with equal discord.
And while I respect your efforts to bring a different view to a very critical, Constitutional subject; I lament the future of Constitutional law under the false pretenses to which they have been represented by your legislative summary. The Canadian Charter of Rights and Freedoms does for example, provide a legal avenue for nullifying a Judicial Review. However, as you have not totally represented accurately, they can only do so when circumstances in which ‘inalienable rights of man’ are questioned (fundamental right, legal right, or rights of equality). Your proposals in this nation, would grant total unchecked power to the legislative body to overrule any supreme court; whether state or federal. It is my opinion therefore, such encroachment of power by any legislative body would be a gross provocation against the very fundamental checks and balances established by the Constitution, and later affirmed by the U.S. Supreme Court in Marbury v. Madison.
Nullifying hundreds of years of legal precedent would undermine the very fabric our fragile balance of powers. The Supreme Courts of our nation are designed to be the chief arbiters in all matters of U.S. Law. Certainly, handing such power to the legislature; unpopular department of government, and to politicians who are viewed unfavorably throughout this nation would contradict and directly conflict with current public opinion.
Regardless of your dismissal of my article and aim to discredit me and my arguments, the essential function of any media or press is to develop, enhance, and interpret conversation. I believe with my article, I have done just that. The public is free to exercise their free judgement and investigate accordingly; or remain largely apathetic – at their peril. If journalists and other contributors such as myself fail to bring to light, issues and concerns that would otherwise go unnoticed – what conversations would occur? Who would object to dangerous legislation with reasonable suspicions? When would any investigation of fact lead debate? And why would we openly placate the public by reducing their healthy fear of government? It could be surmised from your statement that such skepticism and rationale is destructive “leftist” propaganda; a rather unwieldy way to defend proposed policy.
I could not therefore, conclude my response without referring to another quote by Jefferson – no doubt a testament to our inevitable conflict of interests: “No experiment can be more interesting than that we are now trying, and which we trust will end in establishing the fact, that man may be governed by reason and truth. Our first object should therefore be, to leave open to him all the avenues to truth. The most effectual hitherto found, is the freedom of the press. It is, therefore, the first shut up by those who fear the investigation of their actions.” –Thomas Jefferson to John Tyler, 1804.
Although, Representative, we differ in our interpretations of Jefferson views throughout his many years, I would caution the public to look at Thomas Jefferson as a man, who like many politicians in history, loved the press when they were kind to him and despised the media when they were not. It is a delicate quality of our ego; and one that should always be tempered.
Sincerely,
Ben Hogarth
Sherry says
Ben Hogarth,
Very well done! Apparently your excellent article is having an impact! We must continue to be vigilant and speak out against efforts to amass power in the legislature and to diminish the “checks and balances” that are the essential foundation of our constitution and Democracy.
The perspective of many that we should now base vital political decisions and even laws on popular, “emotional” reaction and concepts rather than educated intellect and expertise, across the board, should be terrifying and completely unacceptable to everyone!
Again, blaming the media for exposing such dangerous attempts to undermine the very soul of our Democracy is nothing short of a contemptible diversionary tactic to keep our citizens looking the other way while they pass such heinous legislation.
Thank you Ben, and thank you Flaglerlive! Stay the course. . . expose the outrageous manipulation by the politicians in Florida and nationwide! We need you now more than ever!
Fredrick says
Sherry……
“The direction of the Democrats and “twice elected” President Obama has been toward EQUALITY and ACCEPTANCE of all human beings, toward health care for ALL, toward a diplomatic resolution to conflicts, toward HOPE and CARING. How Terrible. . . that anyone finds that to be the wrong path. . . how pitiful!”
That path is noble. We all can agree on that but something has to be done about how this is paid for. When a person who makes $30k a year and is expected to pay $250 a month for Obama care (after the subsidies) that is a non workable plan. Requiring millions of people to step into a plan without providing additional infrastructure (doctors, nurses, hospitals, urgent care….) makes no sense.
I won’t even comment about your “Ethics, integrity, honor. . . all down the drain! …..” If you are so blind that you think HRC was better than what we got then there is little hope for you……
Yes the hacking into RNC servers and Mr. Podestas mail are terrible things. Mr Obama has taken his action.. (what a joke)… Now how about you address the corruption that was e3xposed by all those mails released instead of trying to deflect. Or are you going to start talking about the FAKE news about the Russians hacking into the power grid. Even after it was shown they did not, a laptop not connected to the grid had mallware on it, the Clinton News Netwrk continues to say the Russians hacked into the power grid.
Even with the Media throwing everything it had at Trump, the people still spoke and he was chosen as OUR next president. Don’t even go there with the popular vote crap. You and I both know that is not how either candidates ran their campaign. That is a hollow and desperate argument.
Now please address the corruption that was exposed…. Is anything going to be done about it. The people have spoken… You lost… you will survive just as we survived 8 years of Obama and his worthless administration. It took someone from outside the cesspool of politics for people to put their voice behind.
Sherry says
When an admitted “Sexual Predator” is put in the White House by those who have been completely brain washed by “fake news” FOX . . . that says it all! We have not only lost our moral compass, we have lost our country!
Fredrick says
Sherry… you can still only deflect and not address the corruption that was exposed. You would have put a corrupt liar and thief in office. Someone with no “moral compass” who enabled her husband (a rapist and sexual predator) and used her office as Secretary of state for her own financial gain. One who smiles at you and tells you one thing but then stabs you in the back and does something else behind closed door. Instead WE got someone who tells you what he feels. You may not like it, but you know where he stands. I would rather have that then someone who lies to me continuously.
Also what are you going to do IF it is found out that Podesta’s mails and the DNC mails were leaked from inside the Democratic party and it was not the Russians. Have you found yourself a fall back position yet?
The people have spoken that are tired of the PC crap, of the do nothings on both side of the aisle. Unless they get their crap together, the people will continue to put in outsiders.
Now please speak to the exposed corruption of HRC and the DNC that has been laid out in front of you that you and the media continue to ignore. No sympathy for how HRC screwed Bernie?? The Media giving HRC the questions prior to a debate, providing the campaign their articles for rewrite and approval, Why didn’t they give the same to Bernie and to Trump?
You will be OK Sherry…. I promise, just hang in there and you will be ok.
Sherry says
Ben Hogarth. . . congratulations on an absolutely brilliant response to the Representative! You should be in the legislature in his place!
As for me, I certainly will always be much better than just “OK”! Especially since I have upcoming trips to Greece, Spain, Italy and Guatemala to plan, I will not be completely wasting my precious time and intellect by responding further to the passive aggressive rantings of any obviously ridiculous, patronizing chauvinist!
jonsey says
Rep. Gonzalez, We the people who can see through all the deception that republicans have been throwing hither and yon since 1995 can also see through YOUR intended goal of undermining our Constitution. Don’t try to ‘word’ all over the place with false placardings. You and Rep. Hutson’s (Flagler’s representative in Congress) corrupt attempts at undermining OUR government’s checks and balances – set up by the Founding Fathers – proves that you are unworthy of the office you hold. Do we need to start a recall petition to remove you and him and all those complicent in your atrocity you are trying to do here?
jonsey says
Frederick, ALL of that is MOOT. Stop repeating the mantra (Obama, Obama, Obama). Congress is the one responsible for handling the finances of the Country and your republicans have done a terrible job with that, taking a $280 billion surplus and turning it into a $17 TRILLION Debt. Now republicans seek to dismantle the Congressional ethics panel – a nonpartisan watchdog group, as well as our checks and balances in order to allow Congress to overrule and override any decision by the Supreme Court (which was set up to stop Congress from violating the Constitution and other laws).
joe says
“Obama has been screwing voters for the last 8 years so nobody on earth can do any more harm than him. Thank God Trump is in and Obama is out. Now we can undo all the garbage that has been put forth for the last 8 years. Go Trump!! The smart voters have spoken.”
Obviously you are trapped in the FOX News bubble of unreality – I guess you were asleep during the 8 years of the Shrub and his disastrous administration.
The voters who spoke were indeed smart – 3,000,000 more voted for someone other than the con-man elect.
3,000 000 MORE! This clown has no mandate, despite the fantasies of people like you.
Fredrick says
Sherry… Enjoy your holiday away. Not sure what makes me a chauvinist? I guess I am just one of the deplorables…… You still are not addressing the exposed corruption and are deflecting…. I find this typical of liberals. They refuse to take responsibility for anything. The buck always stops somewhere else.
Joe…. If you do not understand how the presidential election is handled and how the Electoral College works please do some reading. Neither candidate campaigned for the popular vote. The campaigned to win electoral votes. If the election rules would have been based on the popular vote, both candidates would have spent time in other states than just the “swing” states and who knows what the outcome would have been. How many voters on each side stayed home in their state because they new their candidate had no chance of winning their state? Trying to use the popular vote argument when it had nothing to do with the election shows desperation.
You lost, elections have consequences, You too will be OK. Maybe Sherry will take you on vacation with her.
The clown did win in a mandate (yes I agree he is a clown, just a better clown than your side nominated). Look at the sweeping loss for all democrats across the country….. People are tired of the direction we have been taking down, the lies that they have been told and tired of people calling them a racist, homophobe, chauvinist,… blah blah blah because they did not support your candidate who has been shown to be a liar and thief. So what did they do? they elected someone from outside the mainstream. They sent a message to both sides indicating just how pissed off they are at the do nothing establishment politicians. The direction needs to change or more people like the “Clown” will run for office and they will win.
Fredrick says
jonsey…..
“checks and balances in order to allow Congress to overrule and override any decision by the Supreme Court (which was set up to stop Congress from violating the Constitution and other laws).”
I am sitting here laughing…. Obama has run the country by edict and went around congress and made is own rules time after time….he has to lie about his health plan so that it will pass because if he told the truth it would never have made it. He refuses to have the laws on the books enforced (ie immigration for one) and you want to talk about checks and balances? Were have you been the last 8 years while the constitution was being ignored, while laws were not being enforced? So let’s not blame Obama for the skyrocketing debt. Maybe we should blame Bush. That seemed to be fine for the last 8 years. When does he have to be held accountable for what happened under his administration? When does the “Buck Stop With Him”? Why did he not use his check and balance to veto the bills that ran up the debt? Oh that’s right… this was all stuff he wanted done anyway. Yep the Republicans are at fault too, thus we ended up with Trump…..
jonsey says
Fredrick, where have I been? Watching CLOSELY what has been going on within the republican party since 1994 -at the atrocities they continually try to slam us with while whining about how democrats spend, spend, spend when it is in truth THEY (republicans) that spend, spend, spend. Lawrence O’Donnell last night had a copy of the budget that republicans just put out the day before that will substantially REDUCE federal revenues (needed to pay our military, Congress, down the debt, etc.) while INCREASING the federal debt a trillion dollars EACH YEAR. There is NO such thing as a fiscal conservative republican – that is the truth! All you people believe in is debt, debt, debt (just like your worshiped Cheney says).
Pogo says
@Ben Hogarth
I read this post before any replies had been posted. It stated the matter so well that I didn’t bother to read the comments until now.
The pompous Mr. Gonzalez certainly removed any doubts about him and his pernicious opinions. Opinions which he seeks to enshrine in law.
Hey Julio! You want your team to be the damn umpire; referee, etc. Just admit it. Then admit that that’s not right.
BTW Julio, do you know if your pal from Focus on the Family (https://en.wikipedia.org/wiki/Focus_on_the_Family#Misrepresentation_of_research) bothered to license Mr. Rockwell’s IP for his little mini Newsmax? Tell Rod he can contact Curtis Publishing right here: http://www.curtispublishing.com/licensing_info.shtml.
You’re welcome.
Resist!!! https://www.indivisibleguide.com/