One of you has scoffed at our proposal that President Biden declares Trump's ineligibility to be sworn in as President because he incited an insurrection against the United States and its Constitution.
The executive branch enforces Constitutional provisions all day long. Congress is not required to pass legislation permitting or directing the executive branch to do its Constitutional duty.
The Supreme Court, fearful of the repercussions of Colorado excluding candidate Trump, held that Congress had to grant that authority. That is the holding of the case. Where did that come from? Not law, not stare decisis, but fear.
The Supreme Court agreed that Trump incited an insurrection against the United States and its Constitution. Now that the facts have been adjudicated, what should we do about it?
Vote. But who will be President if Biden wins the popular vote and Trump the electoral vote? Trump, for the outdated notion that the popular vote should not be trusted. But he has been adjudicated an insurrection inciter. What of the Constitution's provision that he cannot be President?
The executive branch enforces the law. President Biden can legally declare Trump ineligible and prevent him from assuming office.
With what repercussions? MAGA violence. This is a challenge to proper planning but no worse than the violence Trump will incite if he also loses the electoral vote. Legal challenges. When the Supreme Court, again, out of fear, eschews sound legal reasoning and holds Biden acted illegally (your guess of how tormented that reasoning will be), Biden can ignore the ruling. Yes, just ignore it.
The political fallout is irrelevant. The question is Country or party, democracy or dictatorship. The Trump, MAGA, and Heritage Foundation conspiracy has projected its punch. The majority wants to keep the Constitution even as it tires fitfully to apply it to modern times. We Americans are on an upward trajectory and will not fall back. We will continue to make America even greater.
From our prior article:
Assumption: Trump wins the Electoral vote.
Does Biden have the authority to make Trump ineligible to hold office as president? The Constitution says so. That is the law. Who enforces the law? The Executive branch of government. Who is in charge of that? Biden. What about the Supreme Court? Did they not say Congress has to act to enforce the Constitution? Yes, but they were making a political decision and are worthy of being ignored as political partisans, and Biden certainly has the power to ignore them, if not the guts. Does Biden subvert the rule of law? No, not at all. The Executive branch enforces the law, which is what he does. Also, extraordinary times demand extraordinary measures to support the Constitution and save democracy. The oath of office is explicit and implicit in the Constitution, which is the obligation to keep democracy sacrosanct. So why doesn't Biden do what you say? Intestinal fortitude, my friends, intestinal fortitude.
This is simple and straightforward. The Constitution is clear, and the facts are indisputable. We all saw and heard Trump's violations of the Constitution.
When the Supreme Court decided Colorado could not disqualify Trump, it adjudicated Trump a President who incited an insurrection against the United States. Trump is guilty, as a matter of fact. Now, what to do about it.
Biden and the Executive branch enforce the law. The preservation of democracy demands that Biden ignore the Supreme Court precedent. That opinion was vitiated by the grossest abuse of judicial restraint.
The only issues here are not integrity, propriety, adherence to the rule of law, or the efficacy of the electoral process. Democracy is at stake (see Trump's public statements and Project2025). The survival of our way of life depends on Biden's actions.
The only issue is whether Biden has the strength of character to act. He does. Will he?
The Supreme Court said Congress had to pass legislation. Not so. Not regarding every other Constitutional provision. The executive branch enforces the law. The Supreme Court writes wrong opinions often, and President Biden stands atop a powerful and equal branch of government. He can be our hero.
Myopic is too kind. Think this through. Study the Heritage Foundation's history, purpose, positions, and promotions. Read Project2025. Understand Trump. I swore to defend the Constitution against all enemies, including domestic ones. Did you? Trump and the Heritage Foundation will rewrite the Constitution. They want an oligarchy to theocracy. The branches are separate and equal. We ignore bad laws in defense of liberty. Under the exigent circumstances, the political court needs to be ignored. A bold leader, a Lincoln, FDR, or JFK, would not hesitate to do what is right.
The Supreme Court made a law from whole cloth for political reasons to support Trump. The Executive Branch enforces the law. The Constitution is a law. In no other case must Congress act before the executive enforces the Constitution. The court again ignores stare decisis, the bedrock of the rule of law. That aside, the Executive Branch is free to ignore bad legal precedent from the Supreme Court.
Prior Post:
https://wspriggs2.blogspot.com/2024/04/what-to-do-if-trump-wins-revisited.html
WHAT TO DO IF TRUMP WINS REVISITED
No one has deigned to discuss our proposal to preserve democracy in the face of a Trump/Heritage Foundation victory. If it is because you do not think he can win, look at the battleground states where he is ahead and could win. If it is because we can live with a Trump victory, listen to him and read Project2025 and the plan to dismantle the federal government and turn the country into a theocracy. Think that can't happen? Nazi Germany happened.
Section three of the 14th Amendment provides:
No Person shall be a Senator or Representative in Congress, or elector of President and VicePresident, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
Who executes and enforces this mandate? Under our system of three co-equal branches of government, which branch executes and enforces the laws? Not Congress. Not the Judiciary, which, by the way, erroneously said Congress enforces Section three. No, President Biden can enforce the provision. We can discuss it. But keep in mind, we are talking in the context of a Trump victory and his plan to flout the Constitution and make this country a theocracy. The issue is how to stop him.
We propose that if Trump wins, President Biden declares him ineligible as one who engaged in insurrection and rebellion and gave aid and comfort to enemies of the Constitution. Biden deploys whatever is necessary to maintain law and order and undertakes any lawful means to protect the American people from domestic terrorists. If the Supreme Court eventually says Biden acted illegally, so what? That court has demeaned itself and has become, by the majority, a group of political hacks.
You say it's radical. Crazy. We are talking about democracy, where everyone has a vote, and the majority wins, like in kindergarten. We are talking about the freedoms we enjoy and our everyday lives. All of that goes up in smoke. Listen to him. Read about Project2025. Read Heritage Foundation Propaganda.
Call it radical, but admit that changing to a dictatorship and theocracy is also radical. Extraordinary problems demand extraordinary solutions.
President Biden can do this for us. Just as Lincoln, FDR, Truman, and JFK would have done it.
Does Biden have the authority to make Trump ineligible to hold office as president? The Constitution says so. That is the law. Who enforces the law? The Executive branch of government. Who is in charge of that? Biden. What about the Supreme Court? Did they not say Congress has to act to enforce the Constitution? Yes, but they were making a political decision and are worthy of being ignored as political partisans, and Biden certainly has the power to ignore them, if not the guts. Does Biden subvert the rule of law? No, not at all. The Executive branch enforces the law, which is what he does. Also, extraordinary times demand extraordinary measures to support the Constitution and save democracy. The oath of office is explicit and implicit in the Constitution, which is the obligation to keep democracy sacrosanct. So why doesn't Biden do what you say? Intestinal fortitude, my friends, intestinal fortitude.
One problem is that Biden would have to ignore the Supreme Court's ruling that his action was illegal. Welcome to the high stakes. Are the branches coequal? What does it mean? Is it self-help? Who enforces laws, and who has no enforcement power? Hint to MAGAs: Biden enforces laws like the Constitution, and the Supreme Court merely opines on the meaning. The Court has no enforcement power, and its public persona is in the toilet. Another problem is that Biden would nullify the Electoral College vote. That is political suicide, but it is also the highest achievement of statesmanship (saving democracy). We are on the brink of civil war or its kin. If Trump loses both votes, it is easy to put down the insurrection. If he wins the electoral vote, Biden, by default, will cause a civil war. He lacks the guts. Where is Truman when you need to put down the enemy?