Posted on 12/13/2020 7:53:55 AM PST by Starman417
Conservative judicial reticence hurt Texas in its long reach for standing but it will help President Trump if he uses the Article IV guarantee of a republican form of government to order federal takeover of the January 5th runoff elections in Georgia.
Texas has teed it up perfectly. When President Trump brings in the Army to conduct model open and honest elections to select the next two U.S. senators from Georgia he’s going to need a political army behind him and that is what Texas and the 18 states who joined Texas v. Pennsylvania give him.
The left will denounce us as tyrannical and Georgia will immediately sue over the election interference: “No fair forcing us to have honest elections!” But the Supremes should be no more interested in getting involved than they were in the Texas case.
Finding the correct constitutional authority
Texas was unable to overcome the fact that the Constitution gives it to the states to set their own election rules. “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections,” ruled the Court.
Texas is right that the fraud-enabling states didn’t establish their fraud-enabling election rules the way the Constitution specifies: via legislation, but it is the legislatures of those states that were wronged by being unconstitutionally bypassed and they aren’t suing.
Texas is injured but what hurts Texas is not how PA, GA, WI and MI put fraud-enabling rules in place. It is the fact that they did put fraud-enabling rules in place, and nothing in the parts of the Constitution that Texas sued under says that these other states can’t set up phony elections, no matter how much it hurts the honest states.
Stopping phony elections was left by the founders to a different part of the Constitution: the Article IV guarantee to the states that each of them “shall have a republican form of government.”
Republicanism means “that the people should choose whom they please to govern them” (Alexander Hamilton, cited in my previous discussion of the guarantee clause).
Since phony elections usurp the people’s choice they are a definitively unrepublican form, meaning states can’t have phony elections, and if they do The United States is supposed to go in and change their form of government.
The president can do this on his own authority. He has a constitutional duty to do it, and he does not have to wait for any court okay. He just can’t wait too long to step up to the tee or the opportunity will be missed.
The obvious first guarantee clause action: not letting Georgia use its rigged electoral system to steal not just the presidency but also the Senate. This one should not even be controversial.
Federal takeover of the Georgia run-offs is simple because it doesn’t require invalidating any already-conducted election. That is a big hurdle in itself and having a guarantee clause action that can be taken without having to clear that hurdle offers a clean entry for establishing the presidency’s never before used power to enforce the republican guarantee.
The recent general election provides plenty of evidence of Georgia’s election-stealing unrepublican form. First are Georgia’s huge self-created vulnerabilities to election fraud: Dominion election machinery custom created for communist dictator Hugo Chavez for the express purpose of stealing elections; multiple ballot applications helicopter-dropped to every address in the state with next to no verification required for voting these easy-to-harvest out-of-custody ballots, etcetera. There is also massive evidence of executed election fraud: observers kicked out so that large dumps of nearly all Biden votes could be mass processed with no verification, to mention one.
Only after Georgia sues will the courts come in and take a look at the steps the president is taking and his justification for them. The justifications are super strong. Action is warranted, so the imposed remedy just needs to be thoroughly republican: a model of open and honest elections.
Judicial reticence should do the rest
This time reticence should be on the side of letting the president do what he thinks needs to be done. That is because the Court’s established precedent on the republican guarantee is to say that the questions it raises are properly left to the political branches of government to decide.
Georgia would have to make a strong case to overcome that, convincing the Court that it is being hit with great harms that the Constitution does not allow. What, for having to endure honest elections?
(Excerpt) Read more at floppingaces.net...
Damn straight.
Everything the coupists have done and continue to do has been announced in advance and is a matter of public record.
And everything they have promised (except the military attacking the White House, so far) has been done and done on schedule.
I am certain that if Trump were to issue orders to the military to involve itself in Georgia, or to prevent the Electoral Votes from being counted, or to delay Biden's inauguration, his term in office and his life would be over in short order.
I know where I will be at on January 20th. Attending a very nice party with friends and family.
Oh that's right. Joe Biden's inauguration.
I still wouldn't bet on that. Last time I looked, Harris had still not resigned from her US Senate seat.
All we will do is to complain on a message board. But we aren't doing anything substantial here.
It's not quite that. Discussions on all conservative sites (including FR)are part and parcel of where some of the ideas come from for the various lawsuits and actions taken by state leglislaturures.
From day 1 the only approach was to persuade state legislatures. The point of going to court was to get a court ruling that said nothing more than in the presence of such doubt about the “votes” the legislatures would have to use their own best judgement on the matter.
I don’t know why people thought the courts could rule what electors would be sent. They can’t. I don’t know why people thought one state could decide how another conducts elections. The USSC was correct on this.
What Rudy must do is get a ruling on the merits. Not standing. That may still happen. If USSC can open the door just a tiny crack to induce doubt in the legislature, WI, MI and GA electors could be Trump’s in January. The GOP majority in PA is too small to expect them to agree, but the other 3 it is very possible. They just need some tiny reason to doubt and justify it.
As I have been saying, it's up to us individually. If enough of us make the individual effort to starve the beast -- "enough" meaning "get their attention, make a significant threat of starvation" -- they will have no choice but to defer to the will of the people. They can't lock everybody up, and if you do it legally by restricting your income to a level that isn't subject to federal income tax, they won't lock you up. In fact they'll be looking at giving YOU money (heating assistance, food stamps, etc.) Yes you can live on $12k a year. Do it for your country. The swamp will drain itself if the money's dried up.
Bookmark
If they're going to be dark times, let them be on OUR terms. See post 26.
He could do that but more likely he would use the insurrection act.
Surrender? No way.
It’s not over until President Trump says it’s over.
The mad rantings of deranged minds?
None of those individuals is really sane.
Last I looked,President Trump is still issuing tough executive orders, just promulgated tough new political asylum procedures and just facilitated a new peace agreement between Israel and Morocco just a couple of days ago.
I am certain that if Trump were to issue orders to the military to involve itself in Georgia, or to prevent the Electoral Votes from being counted, or to delay Biden's inauguration, his term in office and his life would be over in short order.
And just how long do you think Dementia Joe is going to live if you crazy Dems carried out an assassination of President Trump right after he got 75 million votes from his fanatical supporters?
Slow Joe cant even get a 100 people to show up for him for anything.
You Dems are fast talking yourselves into a civil war you just can't win.
MOST CORRUPT ELECTION IN U.S. HISTORY!— Donald J. Trump (@realDonaldTrump) December 13, 2020
I’m not a Dem. I’m not a Republican because it is a leftist party.
And I’m certainly not advocating the scenario I describe. It’s just a prediction.
It’s over when it’s over - stand up and fight or go and spend time in Joe’s basement with him - you will fit in better.
― Aleksandr I. Solzhenitsyn , The Gulag Archipelago 1918–1956
This election establishes the rules of the road...cheating will go unpunished...per SCOTUS...
...FOR ALL TO SEE...
I suggest the Pubbies take up the challenge and develop better ways to CHEAT than the Demonrats...
Beat the bastards at their own game...this might take extreme measures...
Discuss amongst yourselves...
Just the Trumpster being Trump
Unexpected
Massive
Dims driven further into splody head insanity.
How do you know the military will do nothing?
Do you have knowledge that they won’t?
You suck. Go cut out paper snowflakes
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