01/4/21

What the Constitution REQUIRES Congress to do on January 6, 2021

By: Publius Huldah

  1. The Rule of Law is being erased in our Land

Several years ago, I saw a movie on TV.  The setting was Berlin, Germany just after WWII at the time the Soviets were laying rolls of barbed wire on the ground to mark the border between East and West Berlin.  The main characters were a young American woman and a young German man. He had gotten a law degree while Hitler was taking over Germany, but he never practiced law.  She asked him why and he said, “The Law disappeared”.

And that’s what’s going on in our Country:  The Law – as the standard which those in government must obey – has disappeared and is being replaced by the age-old system where those with the power do what they want, and the cowards go along with it.

Just as the cowards in Germany went along with Hitler; cowards in America are going along with the Left’s brazen theft of the recent election.  Countries are destroyed by such cowards; and that may be the reason Revelation 21:8 lists cowards as the first to be thrown into the Lake of Fire:  Tyrants couldn’t get to first base without the acquiescence of cowards.

So this paper calls upon each Member of Congress to rise up and restore the Rule of Law to our Land.Knowledge of Truth – and the Love of Truth – makes us strong.  So, learn the Truth, embrace it, and restore the Rule of Law.

  1. We must read each Part of the Constitution in the Light cast by the other Parts

It is impossible to understand any part of the Constitution without understanding how that Part fits into the Whole; and how each individual Part is affected by the other Parts addressing the same subject. Accordingly, it is an ancient rule of construction that constitutional provisions or statutes that are on the same subject (in pari materia) must be construed together [link].

So it is a serious misconstruction of the 12th Amendment to assert that Congress’s role on January 6 is the passive one of merely counting numbers; or that the Presiding Officer has the discretion to do whatever he wants.

As shown below, specific provisions of the Constitution impose on Congress the Duty to determine whether the Electors were lawfully chosen; and whether the putative President-elect and Vice-President-elect are qualified for office.

  1. When it meets on January 6, Congress must enforce these Constitutional provisions respecting the Appointment of Electors

Article I, §4, clause 1; Article II, §1, clause 2; and Article II, §1, clause 4

Art. I, §4, cl. 1 says that only state and federal legislatures have the power to make laws addressing the Times, Places, and Manner of conducting federal elections.  So Judges and State executive officials have no lawful authority to change the election laws made by the Legislatures!

Art. II, §1, cl. 2 says that the Electors for President and Vice-President are to be appointed in such manner as the State Legislatures shall direct.  So Judges and State executive officials have no lawful authority to change the election laws respecting how the Electors are to be chosen!

So Electors who were appointed in violation of these two provisions were unlawfully appointed and hence are not legally competent to cast votes for President and Vice President.

Art. II, §1, cl. 4 provides that Congress may determine the Time of chusing the Electors.  At 3 USC §1, Congress set the time for chusing Electors for November 3.  So Electors who were appointed after November 3 by means of late ballots (which was made possible by unconstitutional changes to state election laws which unlawfully extended the deadlines for receiving ballots past Nov. 3) were unlawfully appointed and hence are not legally competent to cast votes for President and Vice President. 2

  1. Congress must also enforce these Constitutional provisions respecting the qualifications for the Offices of President and Vice-President

Article II, §1, clause 5

Art. II, §1, cl. 5 sets forth qualifications for the Office of President.  After our first generation of Presidents [who were all born as subjects of the King of England] had passed away; the qualifications for President are that he must be a “natural born citizen”, at least 35 years of age, and have been for at least 14 Years a Resident within the United States.

The last sentence of the 12th Amendment shows that no person who is ineligible to be President is eligible to be Vice-President. 3

The 22nd Amendment

The 22nd Amendment imposes term limits on the office of the President.  So any person who has already served two terms is constitutionally ineligible to be President.

The 20th Amendment, §3

§3 of the 20th Amendment addresses what happens when the President-elect and/or Vice-President-elect “fail to qualify”. So §3 underlines Art. II, §1, cl. 5; the last sentence of the 12th Amendment; and the 22nd Amendment: If the President-elect or the Vice-President-elect “fail to qualify”, they are to be passed over.

So!  The Constitutional scheme is that the Electors’ choice is subject to Congress’ determinations of:

  • whether the requirements of Art. I, §4, cl. 1; Art. II, §1, cl.2; and Art. II, §1, cl. 4 were obeyed when the Electors were selected; and
  • whether the persons whom the Electors chose meet the requirements of Art. II, §1, cl. 5; the last sentence of the 12th Amendment, and the term limits provision of the 22nd

If not, Congress must disqualify the persons.

  1. Congress is also bound by these Constitutional provisions

The Guaranty clause at Article IV, §4

Art. IV, § 4 says:

“The United States shall guarantee to every State in this Union a Republican Form of Government…” [emphasis added]

Since the essence of a “Republic” is that power is exercised by representatives elected by The People; 4 the violations of Art. I, §4, cl. 1; Art. II, §1, cl. 2; and Art. II, §1, cl.4  (which made massive election fraud possible) strike at the heart of our Constitutional Republic.

When Electors are selected in violation of our Constitution by means of last minutes changes unlawfully made to state election laws; and/or an election is stolen by means of fraud, the Right of The People to choose their Representatives is taken away from them – and the Republic is destroyed.

Art. IV, §4 imposes on Congress the Duty to guarantee lawful and honest federal elections.  Congress can do this by enforcing Art. I, §4, cl. 1; Art. II, §1, cl.2; and Art. II, §1, cl. 4 by disqualifying the Electors chosen in contravention of those provisions.

Congress may (and should) also disqualify Biden and Harris on the additional ground that their pretended election was procured by cheating.  They must be stripped of their sham “win”. 5

The Supremacy clause at Article VI, cl. 2

Art. VI, cl. 2 says:     

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land…” [italics added]

Only those Acts of Congress which are consistent with the Constitution are part of the supreme Law of the Land. 6

Accordingly, Sections 5 and 15 of the Electoral Count Act (3 USC §§1-21), are unconstitutional to the extent they purport to:

  • require Congress to accept slates of Electors who were appointed in violation of Art. I, §4, cl.1; Art. II, §1, cl. 2; and Art. II, §1, cl. 4;
  • require Congress, in the case of dueling slates of Electors, to choose the slate signed by the Governor of the State and reject the slate approved by the State Legislature; 7 and
  • eliminate the 12th Amendment’s dispute resolution procedures under which the House of Representatives chooses the President, and the Senate chooses the Vice-President. 8  

But, contrary to what some have asserted, the 12th Amendment most manifestly does NOT vest exclusive authority and sole discretion in the President of the Senate (Vice-President Mike Pence) to determine which slates of Electors for a State are to be counted and which slates are to be rejected!

As President of the Senate, the Vice-President has certain Parliamentary powers at his disposal; but he has no “discretion” in deciding whether he will adhere to the Constitutional framework governing the Election.  He – and every other Member of Congress – must adhere to and enforce each Constitutional provision.

The Oath of Office at Article VI, cl. 3

Every Member of Congress is bound by Oath or Affirmation to support our Constitution.  On January 6, you must lay aside all personal considerations.  Do your DUTY as set forth in the Constitution.  And remember:  This isn’t about Trump – this is about whether our Republic is to survive.  If you permit violations of the Constitution and the resulting fraud to prevail; you will destroy our Republic.

  1. Our Constitution sets up an elegant system of checks and balances

One of the benefits of the “separation of powers” principle is that it provides a mechanism for one power to correct violations made by another power. Within the federal and state governments, powers are divided into three Branches: Legislative, Executive, and Judicial.  Each Branch has the duty to “check” the violations of the other Branches.

Likewise, the power of the State governments is separated from the power of the federal government.  When people within State governments violate the Constitution – as was done in the recent election – it is the Duty of the federal government to “check” the violation.  Since Electors were chosen in violation of the Constitution; Congress has the Duty to check the violations and reject those Electors.

Endnotes:

1 The term, “rule of law”, is defined here at Point 7.

2 The same Principle applies to Electors who were chosen before Nov. 3 pursuant to [unconstitutional] state election laws which permit early voting for selection of Electors.

3 It appears that at the time Kamala Harris was born, her parents were not US Citizens.  If so, she is constitutionally ineligible to be President or Vice-President [link].  Congress has the duty to inquire into this matter; and if they find that she is not a “natural born citizen” within the original intent of Art. II, §1, cl.5, it is Congress’ Duty to disqualify her.  Congress is the body that is charged with determining the eligibility of the President and Vice-President [link].

4 Federalist No. 10 (J. Madison): “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”

5 If you win a medal at the Olympics, and it’s later discovered that you cheated by taking performance-enhancing drugs, you will be stripped of “win” and medal – and both will be awarded to your runner-up. The same principle applies to stolen elections.

6 Federalist No. 78, 10th para (A. Hamilton): “…every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; ….” [emphasis mine]

7 Art. II, §1, cl. 2 provides that the State Legislatures have the power to direct how the Electors are to be appointed!  The State Governor has no constitutional power whatsoever in the selection of Presidential Electors!

8 To the same effect, see the Complaint recently filed by US Representative Louie Gohmert [link].

12/30/20

Article IV, §4, US Constitution REQUIRES Congress, the Supreme Court, and the President to Stop the Steal!

By: Publius Huldah

Here is the interview Alex Newman of The New American Magazine and I did on December 23.

  1. The Supreme Court’s Dereliction of Duty

The Pennsylvania Lawsuit

As pointed out in the interview [and previously here], Art. I, §4, cl. 1, US Constitution, delegates to state and federal legislatures alone the power to make the laws addressing the “times, places and manner” of conducting federal elections.  In addition, Art. II, §1, cl. 2 provides that the State Legislatures are to decide how the Presidential Electors for their State are to be appointed.

But in Pennsylvania (and other States), Judges and State Executive Branch officials changed the laws made by their State Legislature in order to permit fraud of such a massive scale as would enable the theft of the election for the Biden/Harris ticket.  Accordingly, during late September, the Republican Party of Pennsylvania filed a lawsuit challenging the unconstitutional changes to the State election laws. They lost in the Pennsylvania Supreme Court and asked the US Supreme Court to review it.

But the Supreme Court dragged its feet.  So on October 28, Justice Alito (who is the “go-to” Justice for the US Circuit in which Pennsylvania is located), issued a statement [link] where he identified violations of Art. I, §4, cl. 1 and Art. II, §1, cl. 2 as an issue of “national importance” which “calls out for review” by the Supreme Court; and that the Court should decide this issue BEFORE the election.  He warned that the Supreme Court’s inaction on the “important constitutional issue” raised in the lawsuit has created conditions that could lead to “serious post-election problems.”

Justices Thomas and Gorsuch joined Justice Alito in his Statement – but nobody else.

The Supreme Court still hasn’t announced whether they will review the decision of the Pennsylvania Supreme Court. They set this case for conference (among themselves) on January 8 [link] – which is two days after Congress meets to count the votes.

The Texas Lawsuit

The Supreme Court’s handling of the Texas lawsuit was equally egregious.  The Texas case alleged that using COVID-19 as an excuse, state government officials in Pennsylvania, Georgia, Michigan, and Wisconsin usurped their State Legislature’s authority and unconstitutionally revised their State’s election statutes.  These changes made massive election fraud possible.  The Complaint sets forth compelling facts alleging the massive and coordinated fraud used to steal the November 3 election.

But the Supreme Court refused to hear the case, claiming that Texas “lacked standing” to bring the action.  They were dead wrong.  Here’s why:

Article IV, §4, US Constitution, says:

“The United States shall guarantee to every State in this Union a Republican Form of Government…”

The essence of a “Republic” is that sovereign power is exercised by representatives elected by The People.1   Accordingly, the violations of Art. I, §4, cl. 1 and Art. II, §1, cl. 2 – which made the massive election fraud possible – strike at the heart of our Constitutional Republic.

Obviously, when an election is stolen by corrupt politicians and political parties – with the connivance of Judges and State election officials – the Right of The People to choose their Representatives is taken away from them.

And this is why the State of Texas has “standing” to bring the lawsuit: Art. IV, §4, is for the benefit of the States who comprise this Union. The States created the federal government when they ratified the Constitution.  The Supreme Court is merely the “creature” of that Constitution, and they may not lawfully act in contravention of the Document under which they hold their existence.

The US Supreme Court is required to act so as to preserve the Republican Form of Government for Texas and all other States.   They shirked their Duty.  Shame on the Supreme Court!

  1. Attorney General William Barr’s Dereliction of Duty

Article IV, §4 also imposes on the US Attorney General – as part of the Executive Branch of the federal government – the Duty “to guarantee to every State in this Union a Republican Form of Government…”

Accordingly, the Attorney General has the Duty to prosecute persons engaged in federal election fraud; and he has the Duty to file civil actions addressing the election fraud – such as suggested by constitutional litigators William J. Olson & Patrick M. McSweeney in their Christmas Eve article here.

But not only did Barr not lift a finger to fight the fraud – he denied there was any fraud. He too shirked his constitutional Duty.  Shame on William Barr!

  1. Will Congress also shirk their Constitutional Duty?

Article IV, §4 also imposes on Congress the Duty to guarantee to the States a Republican Form of Government.

Section 3 of the 20th Amendment imposes on Congress the additional Duty of determining whether the President-Elect and Vice President-Elect have “qualified” for office [respecting that, this short post will help you].

Congress has the ability to perform its sacred Duty under Art. IV, §4, by disqualifying Biden and Harris on the basis that their election was procured by changes to State election laws made in violation of Art. I, §4, cl. 1 and Art. II, §1, cl. 2, which made possible the brazen fraud which resulted in the theft of the election for Biden and Harris.

Kamala Harris should be disqualified on the additional ground that she is not a “natural born citizen” as required by Art. II, §1, cl. 5 and the 12th Amendment [link].

But shockingly, it appears that some Republicans in Congress intend to go along with the fraud, and will use as an excuse the silly claim that presidential elections are up to the States and Congress shouldn’t bully the States!

But that would constitute aiding and abetting of election fraud, and a shirking of Constitutional Duties.  Congress!  Do not strip The American People of their right to honest federal elections!

  1. The Fraudulent Election is an Act of War against the People of the United States

This was not just another election.  This was a planned and coordinated attack on the People of the United States. If we don’t defeat the fraud, the People of the United States will have been stripped of their sovereign power to choose their own Representatives. 2

This is an Insurrection against the sovereign power of WE THE PEOPLE. Traitors within our local, state, and federal governments have conspired with one another – and apparently foreign agents – to take our sovereign power away from us.  And cowards are going along with it.

  1. President Trump has constitutional and statutory authority to carry out the duty imposed on him by Art. IV, §4

If, when it meets on January 6, Congress too shirks its constitutional Duty to guarantee honest federal elections and refuses to disqualify Biden & Harris; then the President is our last hope (within the purview of the Constitution). 3 Not only does Art. IV, §4 impose this duty on the President; he is also bound by his Oath of Office to “preserve, protect and defend the Constitution of the United States” (Art. II, §1, last clause); and, by Art. II, §3, to “take Care that the Laws be faithfully executed”.  These three provisions impose upon him the duty to act so as to preserve the Federal Constitutional Republic created by our Constitution of 1787.

And he has the constitutional and statutory authority to carry out his Duty:

Call up the Militia!

Article I, §8, cl. 15 authorizes Congress

…“to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;” [italics added]

Congress “provided for” calling forth the Militia by delegating to the President the authority to use his own judgment respecting whether to send the Militia into any State:

  • To enforce the Laws of the United States [10 USC §252];
  • To suppress uprisings which deprive the people of the rights, privileges, and immunities, and protections recognized in the Constitution and secured by law, and the State government isn’t protecting those rights [10 USC §253]; and
  • To suppress uprisings that oppose or obstruct the execution of the laws of the United States or impede the course of justice under those laws [10 USC §253].

So the Militia may be called forth:

  • To enforce I, §4, cl.1 (which requires that only state and federal Legislatures may make laws respecting the times, places, and manner of holding federal elections);
  • To enforce II, §1, cl.2 (which provides that the State Legislatures are to decide how the Presidential Electors for their State are to be appointed);
  • To enforce IV, §4 (which requires the United States to guarantee to the States a Republican Form of Government); and
  • To suppress the Insurrection which is right now going on in our Country.

A Brief History of the Militia

The term, “Militia”, refers to the armed and trained male Citizens.  The Militia Act of 1792 provided for the arming and training of these male Citizens [link]. Our Framers did not want a standing professional Army – that’s why appropriations for the regular Army were limited to two years (Art. I, §8, cl. 12).  Enforcement of federal laws, suppression of Insurrections, and much of the national defense were to be the responsibility of the MilitiaWhen the federal gov’t needs to enforce its laws, it is to call forth the Militia – the armed and trained Citizens – to do the enforcing!   During the Washington Administration, the federal gov’t called forth the Militia to enforce the federal excise tax on whiskey. Federal law enforcement is thus the province of the Citizens – the Militia! 4

But with the Dick Act of 1903, the organized Militia was converted into the National Guard – which is an adjunct of the federal military.  And with 10 USC § 246, Congress redefined “Militia” to consist of two classes:

“(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

Earlier this year, in response to the violent Insurrections in the cities, Edwin Vieira, JD., Ph.D. (our Country’s foremost authority on the Militia) showed here how President Trump has the authority to send the Militia into the cities to suppress the Insurrections.  But as discussed here [at endnote 11], President Trump’s two previous Secretaries of Defense apparently indicated that they would not obey orders to send the National Guard into the cities.  Will Chris Miller, the present acting Secretary of Defense, be any better?

But if President Trump calls up “the unorganized militia” – which remains in existence as recognized by 10 USC §246 and which has his back – to enforce Art. I, §4, cl.1; Art. II, §1, cl.2, and Art. IV, §4 – he doesn’t need the cooperation of any deep state Secretaries of Defense.

  1. Calling up the Militia is not equivalent to imposing “martial law”!

I implore Patriots to become precise in their use of terminology.  Calling up the Militia for the purposes at Art. I, §8, cl. 15 is not “imposing martial law” [and it’s not “Marshall law”]!  Martial Law is typically imposed during wartime when invading military forces disband civilian governments [including the courts] in the occupied country and replace the civilian government with direct military control of civilian populations.

  1. What is “the rule of law”?

The “rule of law” is a term which politicians and Attorneys General, who have no idea what it means, love to sling around:  In his recent address to students at Hillsdale College, former Attorney General Barr said the “rule of law” means “treating everyone the same”. That’s not even close.

Law comes from a higher source than the civil authorities. The “Rule of Law” prevails when the civil authorities obey that higher Law – be it God’s Law or our Constitution.  The Bible shows that Kings governed justly only when they governed in accordance with the Law of God.  In our country, the civil authorities govern justly only when they obey our Constitution.  See: Lex, Rex, by Rev. Samuel Rutherford (1644) and here under the subheading, “1. The Civil Authorities are under the Law.”

  1. This isn’t about Trump – it’s about defending our Constitutional Republic from enemy attack

It doesn’t matter what you or I think of President Trump: there is much to criticize about his policies.  This fight is about whether our Republican Form of Government, with honest & verifiable elections, is to be restored; or whether our Right to choose our Representatives is to be stripped from us forever.

Endnotes:

1 Federalist No. 10 (J. Madison) [link]: “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”

2 “…The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.”  Federalist No. 22, last para (A. Hamilton).  This is what we will lose if Congress and the President permit the cheats and subversives to get away with the election fraud.

3 If Congress and the President both shirk their Constitutional duties and “betray their constituents, there is then no resource left but in the exertion of that original right of self-defense …” Federalist No. 28 (A. Hamilton).  Much blood will be on the hands of those who acquiesced in the fraud.

4 Not armed thugs from federal executive agencies such as the FBI, BATF, etc., etc., etc.!

12/12/20

A Republic If We Can Keep It

By: T.F. Stern | Self-Educated American

(Image of Ben Franklin courtesy of factfile.org)

This past month has been a roller coaster ride for anyone trying to figure out which candidate actually won the election. I was tempted to use the term ‘earned’ rather than won; but that would give away my feelings about cheaters, swindlers, liars, and the rest of the Democrat Party.

Ben Franklin has been quoted when asked if we had a monarchy or a republic, “A Republic if you can keep it.” He may or may not have actually said those words exactly as history has claimed. Rather than share without having done my homework, I looked it up. The first reference that came up on Google was from the Washington Post’s coverage of last year’s phony impeachment hearings, a treasonous coup attempt to remove President Donald Trump.

The inclusion of Ben Franklin’s quote in that particular article is… interesting, well, actually far beyond interesting; but I can’t print my actual thought as it violates decency in many ways.

There was a coup attempt, masquerading as an impeachment hearing by the Democrat Party to remove the sitting President of our Constitutional Republic and they’re quoting Ben Franklin… un-bye-god-believable!

I can say it was a phony impeachment hearing because evidence has since come to light; the entire investigation into Trump’s dealings with Russia was in fact a creation, a fabrication, or a scheme cooked up by Hillary Clinton to take her out of the spotlight for her illegal private server, a felony.

An article by Steve Nelson in the New York Post dated October 6, 2020, explained the timing. That story didn’t make the rounds of the major news networks, gee-whiz; is anyone surprised?

“Ratcliffe’s initial disclosure said that, according to Brennan’s notes, Clinton allegedly approved the scheme on July 26. The minor inaccuracy shortens the window of time between Clinton’s alleged approval of the plot and the FBI opening its investigation of possible Trump-Russia collusion on July 31, 2016.”

Amazingly, the FBI and DOJ didn’t see any wrongdoing and Hillary Clinton walked away, free to continue as if nothing ever happened. I haven’t done the research; but somewhere down the line, the folks who didn’t see anything wrong with Hillary Clinton’s criminal behavior must have ties to the deaf, dumb and blind Justices on our Supreme Court.

This past week the Supreme Court of the United States declined to hear a lawsuit contesting corrupt and fraudulent elections that affect all other states. Only two of the sitting Justices were willing to hear the evidence while the others did absolutely nothing to uphold the integrity of the election process which determines who will be President.

Saddened would be a mild description of how many American citizens feel at this time.

Here’s Allen West’s statement dated December 11, 2020, as Chairman of the Texas Republican Party’s official response:

“The Supreme Court, in tossing the Texas lawsuit that was joined by seventeen states and 106 US congressman, has decreed that a state can take unconstitutional actions and violate its own election law. Resulting in damaging effects on other states that abide by the law, while the guilty state suffers no consequences. This decision establishes a precedent that says states can violate the US constitution and not be held accountable. This decision will have far-reaching ramifications for the future of our constitutional republic. Perhaps law-abiding states should bond together and form a Union of states that will abide by the constitution.”

Where does that leave us?

Some have suggested forming a new nation, one that actually follows the Constitution while the remaining nation of criminals, liars, and thieves go on doing business as usual.  Perhaps that would work, but a nation divided cannot stand.

My thoughts turned to Captain Moroni, the last prophet in the Book of Mormon in charge of the sacred plates around 400 AD (you’ll notice I refuse to refer to it as CE for Common Era). He was instructed by the Lord to bury the sacred records in the Hill Cumorah near Palmyra, New York, so they could come forth in our day. Moroni witnessed the destruction of his people because of their iniquity and their refusal to repent, to follow the commandments, and come unto the Lord, Jesus Christ… and yet, he remained faithful, even joyful in his mortal life.

The honest hard-working individuals who try to do their best each day… have had the rug pulled out from under them, but will eventually understand what has happened. It is my hope we will endure in spite of the corruption that’s taken over, the attacks to destroy liberties that God has provided. Do we have the courage to be as Captain Moroni, to have hope, faith, and charity in spite of all that is going on around us? Ahhh, that’s a true test that we’ve been given.

With all that is happening, it makes me admire the wisdom of our founders, individuals like Ben Franklin who recognized the wondrous miracle of our newly formed Republic; that and his warning… if we can keep it.


t-f-stern-1Self-Educated American, Senior Edi­tor, T.F. Stern is both a retired City of Hous­ton police offi­cer and, most recently, a retired self-employed lock­smith (after serving that industry for 40 plus years). He is also a gifted polit­i­cal and social com­men­ta­tor. His pop­u­lar and insight­ful blog, T.F. Sterns Rant­i­ngs, has been up and at it since January of 2005.

11/15/20

It’s Hard to go Forward when you’re Stuck in Reverse

By: Carolyn Alder

The battle every four years to capture the White House is a lose/lose situation.  It seems we are on the verge of self-destruction as the battle rages in the streets, in the media, in Congress, and in the courts.  We have civil unrest instead of domestic tranquility. The other party is not the enemy, party politics is the enemy.  I do not like being stuck in reverse in the political swamp of deceit, revenge, and despair.  But how do we move forward out of the political quicksand pulling us under? The solution is staring us in the face, but we have been ignoring it and abusing it for over 200 years—return to the Constitution.

The original Constitution was designed to select a president without a battle. Sadly, even many of the Founders and Framers took up party banners and were part of the trend to become partisan politicians instead of statesmen.  Instead of following the non-partisan path to statesmanship designed in the Constitution, they pushed toward a democracy of party politics.  George Washington expressed his dismay of this reversal in his farewell address:

“The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries, which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty.”

When all else fails—go back and read the instructions. The original Constitution outlined a far superior, non-partisan, multi-step, indirect process to elect a statesman (rather than a partisan politician) to be President of the United States.

The Presidential Electors were to be the first step in the process—not a meaningless rubber-stamp, after years of campaigning, advertising, political revenge, and a popular vote based on campaign promises and government handouts.

Article II, clause ll:

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives…”

It was presumed that the Presidential Electors, would be persons carefully chosen based on their wisdom and experience.

“The Electors shall meet in their respective States, and vote by ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.”

The constitutionally assigned duty of each Elector was to nominate two presidential possibilities worthy of such a high office.  (Voting for two precluded campaigning for one.)  There were no pre-printed ballots because the Electors were to provide the names of potential candidates, not choose between predetermined candidates.  The Electors were independent and expected to always vote their conscience.  Now, if an Elector casts a vote different than the name submitted by their party, he is called a faithless Elector.  The Electors in each State did not need to agree.  Each Presidential Elector was to submit names of outstanding individuals who had proven themselves to be wise, responsible, uphold the principles of freedom, and the Constitution.  Then,

“They shall make a List of all the Persons voted for, and the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government…”

This was the original nominating process outlined in the Constitution. Now we send party delegates to party conventions and support candidates who have effectively self-nominated, to decide who is most likely to defeat the opposing party’s candidate.

The machinations of party politics early-on hijacked the constitutionally assigned duty of the Presidential Electors.  These machinations led to a hastily written and hastily ratified 12th Amendment in order for parties to select both a President and a Vice-president. It states:

“The Electors shall meet in their respective states, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same state with themselves, they shall name in their ballots the person voted for as President, and in distinct ballots the person for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify and transmit sealed to the seat of the government…”

Even with separated lists, Presidential Electors could discuss outstanding statesmen with other Electors in their State. Each Elector was to be an independent thinker, not a rubber-stamp to someone else’s opinion or even to a consensus of opinions.  They were the ones charged with the nominating process.

Then in a joint session of Congress, the President of the Senate opened the sealed certificates and the votes were tallied.  This is when the candidates would be known.  A majority vote of the whole number of Electors appointed (This would be extremely rare without manipulation.) is required for each office. Otherwise,

“the House of Representatives shall choose immediately, by ballot, the President, the votes shall be taken by states, the representation from each having one vote…a majority of all the states shall be necessary to a choice,”

This type of federal system construction meant that the States (the House of Representatives) would, with extremely rare exceptions, make the final election.  Each State having one vote is an important safeguard to liberty in a federal republic.

Even the 12th Amendment did not actually authorize a popular vote for president even though it greatly facilitated this perversion by political parties of the original plan.

Party politics have destroyed constitutional government in many ways, too numerous to describe here.  Every State Legislature has turned their constitutionally assigned duty of choosing wise Presidential Electors over to the political parties.

The battle of an endless war rages on.  We can’t go forward because we are stuck in reverse in the political swamp. To go forward, a start to restoring the Constitution would be for the States to take back their constitutional responsibilities, such as appointing Presidential Electors who can do their job as described above.

The structure of the original Constitution was intelligently designed to establish and safeguard freedom.  The United States was to be a constitutional representative republic not a democracy.

See:

The Evolution and Destruction of the Original Electoral College

11/6/20

Remember Churchill’s Words to “Never Surrender”

By: Cliff Kincaid

Ben Shapiro is a good talker who can win arguments with left-wingers. But his column, headlined, “No Matter the Outcome, the Woke Lost,” is self-defeating. Operating on the basis of the phrase, “When life gives you lemons, make lemonade,” he seems to think Trump may have lost but the left lost, too. So we’re all losers? That’s not a good approach as we move forward.

The fact is that Joe Biden lost and President Trump won. That’s what Trump is saying, with evidence, and I believe him.

If Shapiro disagrees, let him prove that Biden won legitimately. Trump has cited the evidence of fraud that we saw with our own eyes, as ballot dumps turned Wisconsin and Michigan against Trump. Other states are falling to Biden under equally mysterious circumstances. What more evidence do we need?

As Biden might say, “Come on, man.”

His bio says that Ben lives with his wife and three children in Los Angeles. As a result, I have to question his common sense. Get out of California, Ben. You are living in occupied territory. We are fighting to keep the rest of America free.

Ben has his place, but he was never pro-Trump. By contrast, Alex Newman is a great young journalist who was sympathetic to Trump and has now published a piece, “Massive Vote Fraud Across U.S. as Trump Decries Attempted Coup.”

The evidence cited in this column is what Ben Shapiro and his sponsors at CNSNews.com should be focusing on.

Please, CNSNews.com editor Terrence Jeffrey, stop wasting our time with limp-wristed commentary from never-Trumpers during this critical period of time. This is the time to assume that the media-declared Biden “win” is a fraud and that Trump, who is claiming victory, has been re-elected.

As another Democrat, Bill Clinton might say, that’s our story, and we’re sticking to it. In this case, however, our side of the story is buttressed by the evidence.  It’s important to operate on the assumption that Trump, as he claims, has been re-elected.

Anybody who depends on the “official” tally, which comes from those opposed to Trump, is a fool or agent of the opposition.

What we have to guard against is the unfortunate tendency of some “conservatives” to sell out, in order to curry favor with their would-be rulers.

Here’s how Alex Newman begins his column: “Reports, videos, and other evidence of rampant and brazen voter fraud from all across the country — especially in jurisdictions controlled by Democrats — continue pouring in faster than the Big Tech giants can censor it and the fake ‘fact-checking’ industry can dishonestly attempt to discredit it.”

Alex is exactly right, and I suggest reading the rest of his article here. Alex is also an expert on the Deep State and the New World Order. He contributed to one of my books exposing Barack Hussein Obama.

We are in a constitutional crisis and the election scandal is part of it.

But even this fraud cannot be viewed in isolation, as it comes after various attempts to take down this president. Vote fraud follows the fake news Russia dossier and the impeachment drive.

We know the FBI and FBI used Russian disinformation against Trump. What’s more, impeachment was designed to accuse Trump of the corruption that Biden and his son were engaged in. We know all of this. So why do we think that the Democrats would conduct an election fairly and honestly?

So please, Ben, don’t question the “outcome.” We already know who won. Don’t be a doubting Ben.

Ben is a young man, and my three sons are young, too. That’s why they have to understand what is really happening here. It is unprecedented. The corruption is more deadly than the China virus.

One of my readers said to me, “I am 72 years of age. Until the last few years, I would never have believed what I’m seeing take place in the country could take place/happen. The road we are on is a bad one indeed, and I’m glad I don’t have many years left to see what appears to be an eventual fall of the nation.”

This is really sad. I don’t agree that the nation is destined to fall.

“People are never going to give up on this country,” Rush Limbaugh just said on his radio show today. Here’s a man facing death’s door. But he has faith in God and America. We pray for his health and the health of our country.

He’s exposing the vote fraud apparatus. He’s not giving up. He’s trying to inspire conservatives to take the fight to the opposition.

Trump has a very good lawyer in his corner, the former U.S. Attorney and New York City Mayor Rudy Giuliani. He brought down New York’s Mafia families. He exposed the Hunter Biden laptop and is now out front on the fraud issue.

By contrast, Biden is a weak man, apparently controlled by Obama’s handlers hoping to replace him with Kamala Harris – if they get into the White House.

Standing in their way is President Trump.

As Archbishop Carlo Maria Vigano Archbishop says, Americans should not lose heart. He tells us, “Do not allow yourselves to be discouraged by the deceptions of the Enemy, even more so in this terrible hour in which the impudence of lying and fraud dares to challenge Heaven.” His messages are read and sometimes Tweeted by Trump.

But perhaps these spiritual messages will now be censored by Twitter as well.

Facing the Nazis,  British Prime Minister Winston Churchill said “we shall never surrender, and even if, which I do not for a moment believe, this Island or a large part of it were subjugated and starving, then our Empire beyond the seas, armed and guarded by the British Fleet, would carry on the struggle, until, in God’s good time, the New World, with all its power and might, steps forth to the rescue and the liberation of the old.”

Trump is Churchill in the current struggle. God is on our side. But beyond faith, we have to fight for national and personal survival. Our lives are in danger. It’s that serious.

In order to prepare for the worst, I suggest reading the booklet, “Insurrection and Violence: A Citizen’s Guide,” published by the firm Unconstrained Analytics before the election fraud became so obvious in the last several days.

As Trump moves ahead to save his presidency, we have to understand how the street protests will probably accelerate. The authors warn, “The consequence of citizen inaction, at this perilous moment, is to put at risk the Constitution, our way of life, liberty and the pursuit of happiness.”

The bio for one of the firm’s top officers, Rich Higgins, notes that he “served on the National Security Council in the Trump Administration as the Director for Strategic Planning. He was removed in 2017 after warning of a deep state coup to remove the President.”

You can now be sure that Trump is taking these warnings seriously and understands the nature of the crisis.

*For updates, please use the contact form at www.usasurvival.org

10/21/20

Chairman Thomas Klingenstein of the Claremont Institute: America’s Choice Between Trump’s Freedom and Biden’s Revolutionary Radicalism

By: Terresa Monroe-Hamilton

Alex Brandon / Associated Press

Thomas Klingenstein is the chairman of the conservative think tank, the Claremont Institute, and he’s an accomplished businessman. In this video, he is stating his private opinion and feelings. And he does it magnificently. Recently, he gave a speech entitled: “Trump 2020 A Man vs. A Movement” on YouTube that has since gone viral with over a million views. Rush Limbaugh promoted it as well. Why? Because Klingenstein lays out the stark choice between electing President Trump, who believes in America and freedom, and Joe Biden, who is a Trojan Horse for the Left who believes in Marxism, cancel-culture, and the destruction of the American way of life as we know it.

This election is without a doubt the most important one of our lifetime. Probably the most important since 1860 and President Trump is the right man for the office at this point in time for America. He is what we need and possibly the one man who can pull us back from the brink of communism. It doesn’t matter whether you like him personally, look at what he has accomplished, and what he plans to do as well as what he stands for. Then look at Joe Biden… arguably the most corrupt vice-president we have ever had as a nation. He simply marinates in corruption daily and uses his family to accomplish his goals and enrich himself via the Ukrainians, the communist Chinese, or whoever else he can bilk.

Democrats would have you believe that this election is about Trump versus Biden. That’s not it and it is a critical point that even the Republicans seem to not grasp. It’s also not solely about race, the economy, or the Coronavirus. It is about the inherent goodness of America versus the evil of Marxism. This is the ‘change’ the Left has been trying to foist on this nation for decades and they now believe it is within their grasp. When Hillary Clinton lost in 2016 and failed to keep the Left’s plan on track, they panicked. Democrats simply could not let a loose cannon like Trump mess up their plans. So, they have unleashed the militant arm of the Democratic Party – Black Lives Matter and Antifa to bring chaos and bloodshed to our streets. This will continue whether Trump wins or not and the cold civil war the US has been mired in for several years now could very well go hot if the riots and unrest are allowed to continue. It will be aided by the propaganda arm of the Democratic Party – the media.

As Klingenstein has posited it, “the election is about America’s character: specifically, whether America is a good country or whether it should be canceled.” That is what all of this boils down to and I firmly believe that the vast majority of Americans believe in the goodness of our country. Republicans seem to be deaf, dumb, and blind when it comes to the orchestrated revolution raging in our streets. They don’t get that since a soft coup did not do the trick against Trump, that a color revolution is the next planned step for American communists. See George Soros and the Obama State Department who have conducted color revolutions across the globe. These two opposing views of America cannot coexist peacefully.

The Founding Fathers’ system of government was built on individual rights. The Left’s form of preferred government is based on groups’ rights and group-think which are based on communist principles. And as opposed to a Constitutional form of government where all rights are respected, the radical Left believes in the suppression of rights of those that disagree with them and the squelching of voices on media platforms such as Google, Facebook, Twitter, Instagram, and YouTube.

Just look at the stated goals put forth by Biden, Harris, and the Democrats. They want to end the family unit, erase our history as a nation, throw open our borders to all, encourage live and at-will abortions, and strip us of our right to bear arms. If you view the 45 Communist goals for America, you will find that every single one of them is what the Democrats are pushing for right now and many have already been accomplished. And the Republicans have slept through it all not wanting to rock the political boat.

Remember when Michelle Obama said this: “Barack knows that we are going to have to make sacrifices; we are going to have to change our conversation; we’re going to have to change our traditions, our history; we’re going to have to move into a different place as a nation.” She meant it and it was a blatant announcement prepping Americans for what the Left had in mind for the United States. They are working hard at accomplishing it. If Americans are fearful to come out of their homes, are silenced at every turn, and fear for their jobs and families, then the Left will have succeeded at the subjugation of the freest nation this planet has ever known.

Democrats use the cry of ‘racism’ as a political bludgeoning tool to silence those who do not agree with them. But it is not racist to disagree with BLM, Antifa, or communism regardless of what they claim. Americans need to stand up and be heard no matter how hard the Left tries to silence them. Dietrich Bonhoeffer said, “Silence in the face of evil is itself evil: God will not hold us guiltless. Not to speak is to speak. Not to act is to act.” He was right and this is the time to speak up and act no matter the consequences or conservative Americans will surely learn what it is like to live in a totalitarian society replete with gulags and reeducation camps. The Left has already proposed this with the “Truth and Reconciliation Commission.”

Trump is a man of his time. He’s not perfect but he has the intestinal fortitude, common sense, bluntness, and willingness to fight that Americans need desperately at this moment. He loves America, the military, and our police. He believes in the rule of law and keeping our way of life good and just. Biden is a Trojan Horse for the Left that will deliver social justice, critical race theory, liberation theology, the Green New Deal, Marxism, crushing taxation, defunding of the police, and globalism… in short, communism.

Americans need to choose wisely on November 3rd because the fate of the Republic is at stake here. This is a choice between good and evil; Constitutional Conservatism or Cultural Marxism. On the one hand, you have the moral Right and on the other, you have the godless Left. It’s time to choose a side and fight for what we believe in. And President Trump is the man to lead that fight.

For full context, the transcript of the video follows:

THOMAS KLINGENSTEIN: My name is Tom Klingenstein. I am the chair of the board of the Claremont Institute which is a conservative think tank, managing partner of a New York investment firm and playwright.

I wish to make three points. First, Trump is the perfect man for these times, not all times, perhaps not most times, but these times. Second, Republicans are not doing a good job explaining the stakes in this election. They must explain, and this is my third point, that the Democratic Party, which has been taken by its radical wing, is leading a revolution. This makes the coming election the most important one since the election of 1860. Let’s begin there.

Unlike most elections, this one is much more than a contest over particular policies—like health care or taxes. Rather, like the election of 1860, this election is a contest between two competing regimes, or ways of life. Two ways of life that cannot exist peacefully together.

One way of life, I’ll call it “the traditional American way of life,” is based on individual rights, the rule of law, and a shared understanding of the common good. This way of life values hard work, self-reliance, volunteerism, patriotism, and so on.

In this way of life there are no hyphenated Americans. We are all just Americans. Colorblindness is our aspiration.

The other way of life I call multiculturalism. Others call it “identity politics” or “cultural Marxism” or “Intersectionality”.

The multicultural movement, which has taken over the Democratic party, is a revolutionary movement. I do not mean a metaphorical revolution. It is not like a revolution; it is a revolution, an attempt to overthrow the American Founding as President Trump said in his excellent Mt. Rushmore speech. Republicans should say the same thing. Republicans everywhere, at every level, and at every opportunity.

Multiculturalism conceives of society, not as a community of individuals with equal rights but as a collection of cultural identity groups—defined by race, ethnicity, gender, and so forth. According to the multiculturalists, all these identity groups are oppressed by white males.

Their goal is to have each identity group proportionally represented in all institutions of American society. As should be immediately clear, achieving this proportional representation requires a never-ending redistribution of wealth and power from some groups—and not just from whites—to other groups. Such a massive redistribution can only be achieved by a tyrannical government and like in all tyrannies, one where dissenters are silenced.

In order to achieve this proportional representation, the Democrats require not just endless affirmative action but genuine socialism, open borders, unrestricted trade, seizing guns, sanctuary cities, and much more.

The Black Lives Matter/Democrats understand (which Republicans seem not to), that if they are to achieve this policy agenda they must get Americans to change their values, their principles, and the way they understand themselves.

They must get us to believe that national borders and colorblindness are racist; that we are not one culture but many; that the most important thing in our history—the thing around which all else pivots—is slavery. More broadly, the multiculturalists must get us to believe that we are unworthy—not just that we have sinned (which of course we have)—but that we are irredeemably sinful, or, in the language of today, “systemically racist.” And sexist, homophobic, Islamophobic and all the other “ists” and phobias. Simply put, multiculturalism must get us to believe we are bad.

This suggests one way to frame the coming election: as a contest between a man, Trump, who believes America is good and a man, Biden, who is controlled by a movement that believes America is bad. I do not think it is any more complicated than that.

For the multiculturalist to change traditional values and principles they must destroy, or radically restructure, the institutions that teach those values and principles. The most important of these institutions is family, but also very important is religion, education (which they have mostly destroyed already) and community life, replacing the latter with government bureaucrats. It is here—in these value-teaching institutions—that we see the underpinnings of the Revolution. This is where the real action is. Republicans seem to be missing in action.

Republicans need to explain that BLM and their Democratic enablers wish to destroy the traditional mother-father family. To substantiate this claim, Republicans have only to point to the BLM mission statement. The mission statement, written by avowed Marxists, also lets us know that BLM holds transgenderism to be the burning issue of our time.

Republicans must also explain that religion, because it teaches American values, is also on the chopping block.

Republicans also must make American see that the taking down of statues is not about removing a few confederate generals; it’s about destroying America’s past, as is the New York Times 1619 Project. The rioters, and their BLM-Democrats enablers, are tearing down the statues even of people like Frederick Douglass who fought against slavery. This is not an accident. It is not collateral damage. Frederick Douglass was a great American. He believed that America in her soul was not racist. He believed in hard work and self-reliance. And because of his embrace of American values the BLM-Democrats have to get rid of him.

They must also get rid of Abraham Lincoln, for it is he who best explains what we should aspire to. And it is he who is the best defender of the American Founding. In one sense, this election is a referendum on the Founding. Whether America was founded in 1619, as the BLM-Democrats contend, or, in 1776 as Lincoln, and, until recently, all Americans believed.

Republicans must make more of political correctness and cancel culture, which, as we have seen so vividly of late, brutally punishes apostates.

Who does Twitter think it is, censoring an American president? Republicans simply cannot stand for that.

And Republicans must explain, as I earlier explained, that the multiculturalists are trying to get us to believe that we are systemically racist so that we will surrender to their policy agenda. This too must not be allowed to stand. The American people need to hear what they know in their hearts: they are not racists. Republicans should stand up and say, “no, America is not racist.” Period.

If Americans are systemically anything, it is a systemic commitment to freedom and equal rights for all.

Perhaps most importantly, Republicans must say over and over that America is “incredible,” to use President Trump’s adjective of choice. They must remind the American people that, as a friend of mine is fond of saying, America has brought more freedom and more prosperity to more people than any country in the history of mankind. Most Americans know this, but this too they need to hear from their leaders.

In order to make the case that the Democrats are leading a revolution, Republicans must delegitimize Black Lives Matter—the organization, of course, not the sentiment. To BLM and their Democratic enablers, Republicans must say: “Absolutely, black lives matter. They just don’t matter to you. You don’t care about Mr. Floyd, the black businesses you have destroyed, the blacks who are getting killed because you have forced the police to back off. You’re here for destruction. Not black lives, not any lives.”

After delegitimizing Black Lives Matter, the next step for Republicans is to tie BLM’s revolutionary agenda around the necks of Democrats.

The BLM wing of the Democratic party has captured the entire party. Run-of-the-mill Democrats may not agree with all of the BLM agenda but they go-along, so they might as well agree. Joe Biden is one of the go-along Democrats.

So do not expect all Democrats to sing the BLM tune; even so, most will kneel before them.

Listen to Biden. On one occasion Biden said, “Let’s be clear, transgender equality is the civil rights issue of our time.” A year ago, Biden may not have even known what transgenderism is. He does not seem to know it, but he has been radicalized.

Biden now regularly talks about “systemic” racism. On one occasion Biden said, though without evidence, there is “absolutely systemic racism in law enforcement.” “[But] it’s not just in law enforcement,” he continued, “it’s across the board. It’s in housing, it’s in education . . . It’s in everything we do.”

He is wrong on every count, but if indeed he believes that racism is in “everything we do,” that it is systemic, then he believes, whether he admits or not, that the system must be overturned. Biden does not realize it, but he is calling for the overthrow of the American way of life. I presume that is not his intent, but when the words he is reading off his BLM teleprompter get translated into policy, that will be the consequence — the destruction of the American way of life.

Biden demurs. There is nothing to fear from Biden says Biden: “Do I look like a radical socialist with a soft spot for rioters?” No, he does not, but what he does look like is a sap.

Republicans must make it clear that these are the “Biden riots.”

This brings me to my last point: Trump. I know President Trump has many faults. I myself sometimes cringe listening to him. Sometimes he is his own worst enemy. He is a braggart, often misinformed, petty, sometimes even vengeful. And more.

And yet, we are very lucky to have him. I am almost prepared to say that having him is Providential. How else to explain that we find ourselves with this most unusual, most unpresidential man who has just the attributes most needed for this moment. At any other time, he might well have been a bad president. But in these times—these revolutionary times—he is the best president we could have had.

He has the indispensable attribute of a leader: courage. As a leader must, he goes where others are afraid to go. And he has common sense, which means he generally wants to go to the right place.

Above all else, and above anyone else, Trump is committed to America. He is unreservedly, unquestionably pro-America. He feels no guilt for America’s past. He makes no apologies. He concedes nothing. These may not always be the attributes one wants in a President, but in this day of woke guilt they are the most essential things. And Trump has unlimited confidence in America. In this time of national doubt, this too is just what the doctor ordered. He thinks our culture is “incredible” and that’s the way he wants to keep it.

Trump not only thinks America is incredible, he knows we are in a fight for our lives.

And despite what one hears ad nauseum from the Democrats, Trump is perhaps among the least racist presidents we have ever had. Trump is not defending the white way of life; he is defending the American way of life, a colorblind way of life which is open to anyone who is willing to embrace it.

If we want to save our country, then we should support him—unequivocally. I am. I think this election is that important, and I think Trump is that good. I hope you agree.

Remember, Trump versus Biden is the choice between a man who believes America is good and a man who is controlled by a movement which believes America is bad.

10/12/20

What can we do to get a reasonably honest election?

By: Publius Huldah

A disaster of monumental proportions is likely to be ahead for our Country if we don’t take emergency action to get at least a reasonably honest election.  Not only the President’s seat, but also the entire US House, the Houses in the State Legislatures, one/third of the seats in the US Senate, and a proportional number of seats in the State Senates, are all at stake in the upcoming election.

We are faced with irrefutable proof that the Marxists intend to steal the election.  And they will not content themselves with stealing only the President’s seat – they seek to steal every seat on the ballots.

So we need to face up to the problem and take immediate action.

  1. What does Congress have the constitutional authority to do?

The President and Vice President are supposed to be elected using the procedures set forth in Article II, §1, cl. 2, and the 12th Amendment to our US Constitution.  But we have ignored those provisions for a great many years; and it’s too late to obey them for the upcoming election of President and Vice President.

But Congress still has constitutional authority to invoke Article II, §1, cl. 4, which invests in Congress the power to determine the time of chusing the Presidential Electors and the Day on which they vote.  That date is currently set for November 3, 2020.

Pursuant to Article I, §4, cl. 1, Congress may make laws determining the “Times, Places and Manner” of holding the federal elections to Congress.

Since we know that Trump ballots have been tossed into dumpsters, and election offices have been flooded with fake Biden ballots; the best course of action would be for Congress to make a law which reschedules the November 3 election to a later date, and cancels everything which has been done so far respecting the election (at least since the primaries).

Congress could then exercise its constitutional authority to establish common-sense procedures respecting the “Time, Place and Manner” of voting in the upcoming elections.  For example, Congress could pass a law providing that:

  • Every registered voter who wants to vote must physically appear at his officially designated place of voting and produce proof of identity.
  • Election Day should be one day – not weeks and months before & after the date set for the election.
  • Absentee voting should be restricted to those who are out of the country or out of state due to military service, service in the diplomatic corps, missionaries stationed overseas, businessmen stationed overseas, etc.

We used to do it this way.

But the Marxists came in with their hard-luck stories about how these requirements were harsh, unfair, discriminatory, and so forth; and so our side [as usual] caved in and went along with the demands which stripped us of the ability to have even reasonably honest elections.

However, because Marxists now control the House, Congress lacks the ability to act as suggested above.

  1. What does the US Supreme Court have the constitutional authority to do?

Article I, §4, cl. 1 provides that the power to set the “Times, Places and Manner” of voting in federal elections is delegated exclusively to the Legislative Branches of the State & Federal governments [LINK]. Accordingly, and consistent with the Principle of “Separation of Powers” and the “political question” doctrine [LINK], the Judicial Branches of state and the federal government have no lawful authority to substitute their views on these issues for those of the Legislative Branches.

Even so, with respect to the upcoming elections, lawless federal and state judges have been usurping power by substituting their views respecting the “Times, Places and Manner” of voting for the views of State Legislatures.  Some judges are ruling that because of COVID-19, voters shouldn’t be required to go to the polls – everyone must be allowed to vote by mail; and the time for counting ballots must be extended.

Obviously, the Supreme Court has no constitutional authority to substitute their views respecting the “Times, Places and Manner” of voting for those of the legislative bodies.  Instead, the Supreme Court’s duty is to issue orders and judgments which adhere to what the Constitution says.

So the Supreme Court should overturn the usurpations orders of state and federal judges who attempted to usurp power over this issue.  They should remind The People of our Country that only the State Legislatures and Congress may address these issues – that judges must keep their hands off.   The power isn’t given to the Judicial Branches.

But a recent case out of South Carolina indicates that the most we will get from the Supreme Court is an unprincipled “cut the baby in half” compromise.

South Carolina law provides that a witness must sign an absentee ballot for the ballot to be valid. The Marxists (or their dupes) objected to this requirement and sued.  Using COVID-19 as the excuse, the federal judge disagreed [!] with the statutory requirement for a witness, and said the State couldn’t enforce it.  South Carolina election officials applied to the US Supreme Court for a stay of the lower Court’s order. 1

On October 5, 2020, in Andino v. Middleton [LINK], the Supreme Court stayed the Order, except to the extent that any ballots cast before they granted the Stay and received within two days of their Order may not be rejected.

So the Supreme Court’s Order is nothing for us to celebrate.  The Supreme Court is allowing several days’ worth of unlawful ballots to be treated as valid; and thus are rewarding the trial judge’s usurpation of powers granted to the South Carolina Legislature, by allowing these unlawful ballots to be counted.

But our good Justices, Thomas and Alito, and Gorsuch as well, would have granted the Stay in full and disqualified all the unlawful absentee ballots.

Justice Kavanaugh’s concurring opinion suggests that, like the majority, he doesn’t understand that the Judicial Branch has no constitutional authority to alter State election laws re the “Times, Places and Manner” of holding elections.  To the contrary, he pointed out that the actions of the lower Court violated Supreme Court precedent that (1) an unelected federal judge ordinarily shouldn’t make public health decisions which overrule State Legislatures, and (2) federal courts ordinarily shouldn’t alter state election rules in the period close to an election.  Yikes!

So while the Supreme Court might “give” us some relief from the massive cheating, it seems unlikely that they will provide a principled defense of our Constitution.

  1. What must State Governments do?

State governments may be the only way salvage, at least to some extent, the upcoming election.  Since the Judicial Branches of the State and federal governments have no constitutional authority to change the decisions of the Legislative Branches respecting the “Times, Places and Manner” of federal elections; State Governments should instruct the Election Officials for their State that they must obey & enforce the election laws passed by their state legislature and not the usurpations orders of judges.  Judges have no constitutional authority to change what the State Legislatures do on this issue!

Election officials should also be shown that judges have no power to enforce their orders & judgments – that they depend on the Executive Branches of the federal or state governments to enforce them. We are doomed if Americans remain unable to grasp this simple concept.

Endnote:

1 The better course of action would have been for South Carolina to nullify the lawless opinion of the federal judge by refusing to enforce it.  Remember! Federal judges have no army – they can’t enforce their Orders.  They must depend on the Executive Branch of the federal gov’t to enforce them.  Who thinks President Trump would send in the National Guard to force South Carolina election officials to allow cheating in the upcoming election?  If those officials had been familiar with what Alexander Hamilton wrote in Federalist No. 78 (6th para), they would have known this.

10/2/20

Voting is Protected Speech but so is Not Voting

By: Denise Simon | Founders Code

Primer: There are going to be countless legal challenges to vote results nationwide, it cannot be avoided. Just prepare for a mess larger than that of the Bush-Gore results which took 36 days.

A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury.

Discrimination occurs when the civil rights of an individual are denied or interfered with because of the individual’s membership in a particular group or class. Various jurisdictions have enacted statutes to prevent discrimination based on a person’s race, sex, religion, age, previous condition of servitude, physical limitation, national origin, and in some instances sexual orientation.

Civil Rights and Civil Liberties

People often confuse civil rights and civil liberties. Civil rights refer to legal provisions that stem from notions of equality. Civil rights are not in the Bill of Rights; they deal with legal protections. For example, the right to vote is a civil right. A civil liberty, on the other hand, refers to personal freedoms protected by the Bill of Rights. For example, the First Amendment’s right to free speech is a civil liberty.

Read on however and give this a bit of critical thinking.

Free speech protected by the 1st Amendment has thousands of moving parts including voting or not voting. There are many times where free speech is not only challenged but removed as a civil right as noted in the case of a criminal conviction of a felony.

Wearing a t-shirt or a hat with a logo or slogan is free speech just as much as flying a flag at your home is or even not doing so.

Mandatory Voting Will Build Resentment, Not Democracy ...

Additional reading: Mandatory Voting Will Build Resentment, Not Democracy/ Fining non-voters would show that government is all about forcing people to do things just to make politicians happy.

So, when it comes to ballot harvesting, consider that forcing votes by turning in ballots for tabulation is against free speech. This all stems from voter rolls (databases) that are not audited, purged, corrected, or amended. People move away, people die, people change names and people request ballots using phony names and addresses. Mass mailings of the entire database are not representative of quality and current data. Then there is the matter of ballot design that is challenged making it confusing for the voter or the matter of mistakes made in the comparisons of signatures on file to the actually submitted ballot. How about errors made in names and addresses in the mass mailings where it does not at all match yet the ballots are mailed? What about people tailing the Post Office and delivery personnel and grabbing ballots out of mail trays or slots or simply offering a stipend to fill out the ballot for the alleged voter on their behalf?

There is still the matter of voter ID which has yet to be resolved in many states.

But now we are hearing many other incidents of ballot malfunctions including 100,000 in New York.

Valerie Vazquez-Diaz, a spokesperson for the board, told CNN that 99,477 voters in Brooklyn were affected by an issue with the “oath” envelope for their absentee ballot.

The envelopes—which include the voter’s name, address, and voter ID—were sent with the wrong name and address, a problem that was first reported Monday by confused voters, though its scope was unknown.

Here too it is important to note that many candidate vote results come down to a mere few hundred votes where absentee ballots or provisional ballots come into question.

For the matter of not voting…this matter of ballot harvesting is forcing a name in many cases as a vote where otherwise there may not be a vote at all and that too is free speech. One has to ask is this a violation of the civil rights of an individual? Of course, it is….perhaps a person is apathetic, disgusted, or otherwise not engaged at all in any part of government affairs or policy? That is fine too under the 1st Amendment.

The media should really challenge the whole matter of civil rights violations and ballot harvesting.

More from Forbes in part:

New York City Mayor Bill de Blasio harshly criticized the NYC Board of Elections Tuesday morning: “This is appalling. It is so easy to avoid this mistake and it is very easy to fix this mistake.”

Key Background

This error comes amid continued attacks on mail-in voting from President Trump, who has insisted—without evidence—that the Democrats will use mail-in voting, “a whole big scam,” to steal the 2020 election. News from last week that a “small number” of ballots in Pennsylvania had been discarded further fueled the president’s accusations of widespread “voter fraud.”

Further Reading

“Pennsylvania Discarded Ballot Mishap Fuels Trump Attacks On Mail-In Voting” (Forbes)

“FBI Warns Cyber Criminals, Foreign Actors Spreading ‘False Claims’ About U.S. Voting To Undermine 2020 Election” (Forbes)

09/18/20

Trump Announces 1776 Commission

By: Denise Simon | Founders Code

Patriotism, factual history, and civics could make a comeback in the educational system. FINALLY and one must remember civics was replaced in the public school system with ‘social studies’. What are social studies anyway and does it really teach about the founding documents, the Founders themselves, the structure of government, and fundamental natural law? Yeah, not so much. There are countless politicians that need refresher courses and most media does as well.

File:The Second Continental Congress voting independence ...

President Donald Trump announced on Thursday he would sign a new executive order establishing the “1776 Commission” to promote patriotic education. The commission will counter the revisionist history peddled by leftist efforts like the New York Times’ 1619 Project, which imposes false narratives on America’s students.

“The narratives about America being pushed by the far left and being chanted in the streets bear a striking resemblance to the anti-American propaganda of our adversaries,” Trump said in remarks during the White House Conference on American History at the National Archives. He further described the 1619 Project—a collection of essays that cast America as an irredeemably racist empire built solely to oppress minorities—as “ideological poison.”

Earlier this year, China successfully weaponized American wokeness to drive divisions deeper in the U.S., seeking to evade responsibility for the Wuhan coronavirus outbreak by complaining that any term linking the virus to its Chinese origins was racist. Woke reporters soon complied with Beijing’s orders and began badgering the president repeatedly on his use of terms consistent with the naming of new diseases.

“Critical race theory, the 1619 Project, and the crusade against American history is toxic propaganda,” Trump said, “that if not removed, will dissolve the civic bonds that tie us together. It will destroy our country.”

Trump’s announcement marks the latest example of the White House’s decision to engage substantively in the culture war, coming less than two weeks after the administration banned critical race theory training at federal agencies.

The new 1776 Commission, Trump said, “will encourage our educators to teach our children about the miracle of American history and make plans to honor the 250th anniversary of our founding.”

Several Republican House members also ramped up their efforts to counter the 1619 Project, which has already infected K-12 curriculums in some 4,500 classrooms. Earlier Thursday, Reps. Ken Buck of Colorado and Rick Allen of Georgia introduced the House companion bill to legislation from Arkansas Sen. Tom Cotton that would bar federal funding from schools incorporating the 1619 Project in their curriculums.

Launched last year, the progressive project spearheaded by the Times’ riot-cheering Nikole Hannah-Jones (who won a Pulitzer for the project’s opening essay, even though it required a major correction) has made its way into the classrooms of major schools districts such as Chicago and Washington D.C.

Watch a short documentary debunking the project here:


09/16/20

Pennsylvania Court Agrees There Is No Pandemic Exception To Constitution

By: Daniel John Sobieski

Does the Wuhan virus, which arguably escaped from a Chinese virology lab, supersede the rights guaranteed to American citizens under the U.S. Constitution? U.S. Federal District Judge William Stickman IV has ruled in a case brought before him that there is no pandemic exception to the U.S. Constitution and that the Bill of Rights cannot be trampled with impunity whenever there is a health emergency leftist ideologues try to exploit to impose their desired control over every aspect of our daily lives.  As Reason Magazine reports:

A federal judge on Monday has ruled that lockdown restrictions imposed by Pennsylvania Gov. Tom Wolf (D), including a ban on large gatherings and the closure of “non-life sustaining businesses,” are unconstitutional.

While those restrictions were “well-intentioned,” wrote U.S. District Judge William Stickman IV, “good intentions toward a laudable end are not alone enough to uphold governmental action against a constitutional challenge. Indeed, the greatest threats to our system of constitutional liberties may arise when the ends are laudable and the intent is good—especially in time of emergency.”

In May, Wolf and Pennsylvania Department of Health Secretary Rachel Levine were sued by a coalition of counties, federal and state elected representatives, and several small businesses over the state’s coronavirus restrictions. The restrictions included a shelter-in-place order requiring people to stay in their homes, a closure of all “non-life-sustaining” businesses, and bans on gatherings of more than 25 people indoors, or 250 people for outdoor gatherings….

In regards to restrictions on gatherings, Stickman ruled that these were not “narrowly tailored” but “rather, they place substantially more burdens on gatherings than needed to achieve their stated purpose” of controlling the transmission of the virus….

Stickman similarly ruled that Wolf’s order closing non-life sustaining businesses was also overly broad and arbitrary, and deprived Pennsylvanians of their right to earn a living under the 14th Amendment. Stickman also wrote that population-wide lockdowns are “such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional.”

Judge Stickman agrees with Kentucky Republican Sen. Rand Paul’s observation in a tweet on Constitution Day about the government taking away our freedoms under the stalking horse of protecting our health:

Happy #ConstitutionDay. We should never forget the Constitution wasn’t written to restrain citizen’s behavior it was written to restrain the government’s behavior. Protecting the Constitution protects our liberties.

Again, does the Wuhan virus which arguably escaped from a Chinese virology lab supersede the rights guaranteed to American citizens under the U.S. Constitution? The owners of a New Jersey gym think not. They want to earn a living and pursue their American dream and like most business owners and their customers, they are not stupid, suicidal, or children. They are American citizens who are watching their inalienable rights to life, liberty, and the pursuit of happiness being ripped away by dime-store Napoleons and tyrants who see this pandemic as a chance to pursue the liberal progressive dream of controlling every aspect of our lives:

Atilis Gym in Bellmawr, New Jersey reopened on Monday morning in defiance of Governor Phil Murphy’s Coronavirus lockdown order.

“We think so far, this has been just a gross violation of constitutional rights,” said Atilis Gym co-owner Ian Smith in an interview with Fox News host Tucker Carlson. “The 14th Amendment states that no state shall pass any law that infringes upon our rights as citizens, and we’ve been forced into our homes. Enough is enough.”

As some states, mostly red states, open up and people begin to regain their lives and their liberty, it is clear this toothpaste is out of its tube. American citizens are as mad as hell and clearly aren’t going to take it anymore. Many, like the Texas salon owner who risked incarceration to feed her children, are not going to wait for an official green light from governors and mayors they feel have no right to usurp their rights or politicians who insist imposing a police state is for our own good, our health, and safety. The owners of the New Jersey gym have found out that the price of liberty is indeed eternal vigilance – and resistance to government tyranny:

A New Jersey gym reopened again Tuesday in defiance of the state’s orders against workout facilities reopening during the coronavirus outbreak and again police arrived to issue tickets to the owners. At least one patron was also arrested leaving the gym after refusing to give his name.

Police also warned supporters gathered outside to leave or they could also face summonses.

“This gathering is a violation of the governor’s order,” Bellmawr Lt. Mike Draham said. “You are directed to immediately and peaceably disperse. If you do not disperse you can be charged. You can protest from your vehicle…That’s all we have right now.”

They also have the frightening words of the Democrat Governor of New Jersey Phil Murphy in a recent interview with Tucker Carlson of Foz News:

Carlson asked Murphy about the arrests in Ocean County, N.J., of 15 men who were congregating for a rabbi’s funeral at a Lakewood synagogue in early April. “

The Bill of Rights, as you well know, protects Americans’ rights — enshrines their right to practice their religion as they see fit and to congregate together to assemble peacefully,” Carlson said. “By what authority did you nullify the Bill of Rights in issuing this order? How do you have the power to do that?”

“That’s above my pay grade, Tucker,” Murphy replied. “I wasn’t thinking of the Bill of Rights when we did this. … We looked at all the data and the science and it says people have to stay away from each other. That is the best thing we can do to break the back of the curve of this virus, that leads to lower hospitalization and ultimately fatalities.”

The very Constitution you took an oath to protect and defend is above your pay grade, Governor? This is the attitude Americans are starting to rebel against. Democrats accused Trump of being a dictator. Governors such as Murphy and many mayors too are little dictators, little Napoleons whose true colors are being revealed, who believe in data and science but not liberty and freedom and not an American people who tamed a continent, split the atom, went to the moon, beat Nazism, Fascism, and Communism.

Thankfully, some courts are beginning to wake up and pay attention to these arbitrary and unconstitutional assaults on our liberties as free Americans unite and pursue legal action. In North Carolina, a District Court judge actually wondered what happened to the concept of equal protection under the law:

Democratic North Carolina Gov. Roy Cooper’s restrictions on indoor religious services show a distrust of those who are worshipping, according to a ruling from a federal judge.

U.S. District Judge James C. Dever III temporarily blocked Cooper’s restrictions on indoor services in a Saturday ruling, The News & Observer in Raleigh, N.C., reported.

Dever said that Cooper’s stay-at-home order presents a double standard by only allowing up to 10 people at a religious service while letting businesses accommodate up to 50 people at a time….

“The record, at this admittedly early stage of the case, reveals that the Governor appears to trust citizens to perform non-religious activities indoors (such as shopping or working or selling merchandise) but does not trust them to do the same when they worship together indoors,” the judge’s ruling said.

The judge did not mention that under Cooper’s order the Last Supper would be illegal – an indoor gathering of more than 10 people. Freedom of religion is just one of our liberties under assault and preempted by authoritarians like Cooper. Business owners are being effectively deprived of their property without real due process of law, Executive orders are not due process. Our Second Amendment right to keep and bear arms is under assault as “non-essential” gun and ammo shops are shuttered and felons are released to protect them from the virus as we are denied self-protection against them.  We have lost our right to move freely, even speak freely, at least on social media that censors coronavirus response criticisms, or to peacefully assemble and petition for redress of grievances.

In Oregon, another judge similarly ruled the state was exceeding its legal authority by infringing on the freedom of religion:

An Oregon judge ruled today that Gov. Kate Brown’s pandemic-related executive orders exceeded her authority. The case was filed by numerous churches and people of faith who were represented by the Pacific Justice Institute.

The orders resulted in church, business, and school closings and required the citizens in Oregon to remain under virtual house arrest. The Oregon law gives the Governor broad authority in emergency situations; however, that authority is of limited duration. The Governor did not go to the legislature to seek additional time as required by law.

Circuit Judge Matthew B. Shirtcliff granted a preliminary injunction to 10 churches that had sued, finding they had shown “irreparable harm” from the deprivation of the right to freely exercise their religions.  

Not overruled at this point is Chicago Mayor Lori Lightfoot, who shut down Windy City businesses and put citizens under house arrest while the “public face of the city,” as she calls herself, went to her hairstylist. Lightfoot has cornered the market on tyrannical hypocrisy:

Churchgoers defying stay-at-home initiatives amid the coronavirus pandemic could receive citations in the Chicago area.

Mayor Lori Lightfoot said last week the city was preparing to enforce restrictions meant to curb the spread of the coronavirus against houses of worship holding in-person services.

After churchgoers decided to attend services anyway on Sunday, Lightfoot said in a statement that city officials are working with law enforcement to monitor large gatherings, including ones of faith, according to the Chicago Tribune.

“The local districts are reviewing reports of large gatherings that took place today at various establishments not abiding by the stay-at-home order,” the statement said. “Following that review, the Department will issue and mail citations where necessary.”

Wisconsin’s Supreme Court recently struck down that state’s stay-at-home order as an unlawful order that exceeded the state’s authority:

The Wisconsin Supreme Court on Wednesday struck down the state’s stay-at-home order during the coronavirus pandemic as “unlawful, invalid, and unenforceable” after finding that the state’s health secretary exceeded her authority.

In a 4-3 ruling, the court called Health Services Secretary Andrea Palm’s directive, known as Emergency Order 28, a “vast seizure of power.”

The order directed all people in the state to stay at home or at their places of residence, subject only to exceptions allowed by Palm, the ruling says. The order, which had been set to run until May 26, also restricted travel and business, along with threatening jail time or fines for those who don’t comply.

So far such rulings and redress of grievances are limited in scope and temporary. The assault on our Constitution and our rights is deep and broad and will only be stopped by a Supreme Court ruling that our freedoms cannot be erased by an edict from a governor, mayor, or even a state health secretary. These orders are not laws passed by a legislature and even then such laws should and must pass constitutional muster. As George Washington University Law Professor Jonathan Turley observes:

“Pandemic is not a magic word that instantly negates all individual constitutional rights,” said Jonathan Turley, a law professor at George Washington University.

“A pandemic gives states a compelling state purpose in the imposition of restrictions. But when the state denies or restricts constitutional rights, it must satisfy a balancing test.”

The orders can be challenged on the basis that they’re overly broad, he said, or that they don’t properly weigh the individual restrictions against public health threats. 

Or that lockdowns have health costs themselves that constitute a compelling interest to not have them. Simply put, Americans cannot be deprived of life, liberty, or property without due process of law and, again, executive orders do not constitute due process. There is no pandemic exception clause in the U.S. Constitution.

* Daniel John Sobieski is a former editorial writer for Investor’s Business Daily and freelance writer whose pieces have appeared in Human Events, Reason Magazine, and the Chicago Sun-Times among other publications.