PROPOSAL TO DENY TRUMP
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 Trump, for the outdated notion that the popular vote should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.
Posted by Spriggs Law Group at 4:07 AM
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1 comment:
1.
Spriggs
Law GroupApril 8, 2024 at 9:17 PM
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.
2.
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?