Friday, November 20, 2020

the constitution is dead

The United States Constitution is dead.

Well, maybe not dead, but it certainly is on life support.

And make no mistake about it, the cause of death is Donald Trump and his enablers in the federal and state governments, as well as the right wing media.

We have long known that Donald Trump (yes, for this one I am actually going to use his name.  While this is not a legal document, indictments require use of actual real names) has absolutely no regard for the United States Constitution.  Want proof?  Look no further than Trump International Hotel in Washington, where foreign governments and dignitaries have been lavishing business ever since he took office, billing the government for layovers at his properties overseas and here in the United States, especially at Mar-a -Lago, n clear violation of the Emoluments Clause.  His response is to refer to the "Phony Emoluments Clause" and claim that as president he is immune from prosecutions and civil lawsuits.  Notice, he does not claim that he has not been profiting off of all of this.

The phony Phony Emoluments Clause.  You know, the one that has been part and parcel of the Constitution since it was written at the birth of the nation in 1787.  Clearly, the founding fathers wrote the Phony Emoluments Clause into the Constitution two hundred and thirty-seven years ago with the thought of getting even with Donald Trump all these years later.

For perhaps a more controversial example, I point to the Good and Welfare Clause, which requires him to care for the good and welfare of the people.  No masks.  No urging of masks to protect yourselves.  No urging of social distancing.  Modelling that shows he does not care a whit about the good and welfare of the people.  On top of everything, word has spread that anyone left in his government who dares to even hint at helping the incoming administration in a smooth transition of the government will be fired, including members of the coronavirus task force, from whom critical information is going to be needed to distribute potential life saving -- no, society saving -- vaccines.  No financial assistance to those in dire need in these critical times.  No attempt to even try to come up with an aid package.  No fire side chats.  No words of comfort to an increasingly desperate populace.

Nothing.

And then there is the outright blatant attempt to steal the election.

First he tried, with the assistance of Mitch McConnell and Lindsay Graham, to pack the federal judiciary.  He made no bones about what he was doing, outright saying he wants the election to go to the Supreme Court, where he figures his three appointees will take his side in the fight.  Thankfully, thus far, no court, no justice has ruled in his favor on any of the phony issues he has raised to date.  Funny thing.  Even most arch-conservative judges have some sense of moral integrity and take their oaths of office seriously.

So when you bring ridiculous claims before the courts backed up by nothing, these judges will do their duty and uphold the law as written, just as conservatives say they should.

And it's not like they have not repeatedly had the chance to make their case.  Remember, just prior to the election, Trump and his minions sued in Pennsylvania to exclude absentee ballots, before any such ballot had even been cast, on the grounds that they were rife with fraud.  The judge in that case, a Trump appointee, set a deadline in the case for Trump and his gang to produce any evidence of such fraud.  The case was then dismissed when not only was no such evidence produced, but THEY DID NOT EVEN TRY.

And now, case after case around the country has been dismissed because when confronted with the requirement in any case to produce evidence backing up your claims, Trump and his minions have failed to produce ANYTHING.  In some of the cases, the attorneys involved, knowing of the disciplinary consequences their license and therefore their livelihoods may be facing have either moved to dismiss their own cases or have withdrawn from representing the Trump, the Trump campaign, the RNC, etc.

So all legal avenues shutting off in front of him, he is now resorting to calling in republican state legislators to bully them into refusing to certify state election results so that he can have faithless legislators appointed in those states against the will of the voters, who will presumably vote to put him in office when the electoral college meets.

In other and plain words, HE WANTS STATE LEGISLATORS AROUND THE COUNTRY TO DISREGARD THE WILL OF NEARLY EIGHTY MILLION VOTERS, MORE PEOPLE WHO HAVE EVER VOTED FOR A CANDIDATE IN ANY PRESIDENTIAL ELECTION IN OUR ENTIRE HISTORY AND APPROXIMATELY SIX MILLION MORE VOTES THAN HE GOT, SIMPLY TO STAY IN POWER AND TO SATISFY HIS UNQUENCHABLE EGO.

The 12th Amendment of the Constitution sets forth how the electoral college is appointed and how it is to vote, at least in terms of the mechanics.  For the 12th Amendment to work as intended, it is assumed that there is a certain level of good faith that must be observed.  While it does not specifically state so, it has always been assumed that the electors from each state will vote as the popular vote in their state dictates.  Indeed, earlier this year, the Supreme Court validated that very concept in a unanimous decision.

So now, he has called Michigan legislators to the White House to discuss appointment of faithless electors.  This after he called republican members of the Board of Elections to bully them into trying to change their votes to certify results in Wayne County.  For some reason, the legislators are going to Washington, although their doing so at least hints that they are going to change their long standing statements in public that they will appoint electors who will vote the will of the people in their state.

And not a peep from congress. 

Oh, Mitt Romney has blasted what is going on, but we all know that the president will never listen to any criticism of Mitt Romney.  Nothing from Mitch McConnell.  Nothing from Lindsay Graham.  Nothing from any g.o.p. senator or congressman.  No indication that anyone with the ability to stop this is going to try.

As noted above, the 12th Amendment requires the good faith of our elected officials in order to work.  If there is no good faith, there is no 12th Amendment.  In turn, if that happens, there is no legitimately duly elected government.

And if all that is allowed to happen, the United States Constitution is dead.


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