The Constitution, the Supreme Court, and Elections

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We are in a terrible mess. Our nation has been, at least temporarily, conquered by a hostile entity consisting of the Republican Party in cooperation with the Russian government.

I’m not going to spell out the evidence. It’s out there. You can’t miss it. What I am interested in is, What now?

I still use the Constitution as my baseline or rule book. The obvious rule for getting rid of a crooked President is the part about impeachment, where in Article I Sec 2 par. 5 it says,

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

(With, of course, more detail elsewhere.) But that’s no fix for our current problem, where the Congressional leadership itself is complicit in the crime and where the entire administration is corrupt. The Succession problem is obvious: Crook -> Vice Crook -> Speaker of the Crooks… It won’t work.

The same succession problem applies to the 25th Amendment, but that doesn’t matter. His Cabinet is the body which removes him under the 25th Amendment. Have you noticed his Cabinet? OK, so that’s out.

At this point allow me to remind the reader that I do not do predictions. I cannot see one second into the future. I do make guesses, but please remain aware of the difference and distinction. I do not know what is going to happen. However:

There is Constitutional power, and 21st Century precedent, for the Supreme Court to step in.

First, the Constitution. Reading here in Article III, the Article which creates the Judiciary Branch of government.

ARTICLE III

SECTION 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office

.SECTION 2

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;-between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

(The part above regarding States, citizens, and the Court has been altered by Amendment but the remainder of the original text stands.)

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

SECTION 3

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

If you will bear with me, I’m going to pull some clauses out of there and consider them. First,

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

So by this statement we have a supreme (notice the lower-case “s”) Court but we don’t know anything about it. But continuing,

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;

The Judiciary has power over every legal and financial topic, (“Law and Equity”) without exception. All cases.

In particular and specifically, that authority is over the following:

to all Cases affecting Ambassadors, other public ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;

Allow me to pull that very last phrase out and discuss it:

to Controversies to which the United States shall be a Party;

OK, so the United States, The Donald Trump Administration and both houses of Congress, are parties to this Controversy. Therefore the supreme Court specifically has authority.

In cases like these the supreme Court is the first court. This doesn’t start in your District Court.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.

The President, Vice President, and all members of Congress are, in fact, “public Ministers,” so the supreme Court has original jurisdiction.

So the authority is clear. What about precedent?

In the year 2000 there was a controversy involving the United States, specifically with regard to a Presidential Election.

The Supreme Court decided Bush v. Gore in favor of Bush. The American people said, OK, them’s the rules, and went along with it. There was some grumbling, but we went along with it. George W, Bush was President for 8 years and the Republic survived.

So we have the Constitutional Authority and the precedent. What are we waiting for?

Well, Courts can’t just jump into issues and cases. Somebody has to file a suit or action before the Court can get involved. Who can do that?

The supreme Court is one co-equal branch of your government, and according to the First Amendment,

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Extracting for your convenience,

to petition the Government for a redress of grievances.

I maintain that “Russia stole my election and the Republicans helped,” is a grievance that each of us has a Constitutional right to… you know.

Although 40 states’ Bills of Rights have a specified right to access to a court as a remedy for injury, our Federal Bill of Rights does not. I maintain that, by the clear language used, our right to petition the government for redress of grievances specifically includes the Judicial Branch. I have not researched court decisions on the topic; right now I cling to First Principles as our last hope.

The trick with the Supreme Court is, they hear the cases they choose to hear. That is a specific part of their Judicial power. So yes, we can ask them to hear our case, but we’d better ask pretty darn well, because they don’t have to say anything but, Nah. They don’t have to hear it.

But there are some well lettered persons on our side, doing some careful research. Let’s say, for instance, that Robert Mueller III or Hillary Clinton brings suit, and the Court decides to hear it. Then what?

Well, we have established that the Court has the right and power to decide who won an election. They did that in 2000.

We have established that their verdict is sufficient to put a candidate into the White House and be accepted, albeit grudgingly, as our President. By Democrats, Independents, third party voters and non-voters.

What about Court personnel? Dying by 5 to 4 decision?

Well, what about that? It’s a risk. In my opinion it’s worth taking. We can be pretty sure that Gorsuch would vote to keep his job. Personally I am confident that Clarence Thomas is a viper, as is, in my opinion, Samuel Alito. That leaves 6, any of whom might, when the chips are down, rather live in a republic than a dictatorship. So I’m not at all sure it’s a lost case. I’d be willing to risk it.

So going all the way out on this limb and saying, Somebody (Sec. Clinton,  Special Prosecutor… I don’t know. There are some looking.) Somebody files a suit and the Court hears it. And they decide that the Russians did in fact steal our election for Republicans, in the Congress and the White House.

Say, again just making this up out of whole cloth, that the Supreme Court declares a new election in, say, 90 days, and puts Hillary Clinton in the White House as caretaker President until then. (No, this is not a prediction. It’s scenario.)

Will the armed 25% who elected Donald Trump and Mitch McConnell take it? And if they don’t, which side will the armed forces of the United States, from military to National Guard to civilian law enforcement, take?

Because it could really come down to that. Even if we get a positive Court ruling, who do the guns support?

I’d still go with the Supreme Court. I don’t see any other Constitutional option.

lightly edited 7/11/2017, changed names of possible filers

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