Tuesday, December 8, 2020

Through the Constitutional Fog

 I'm reading Ballot Battles: the History of Disputed Elections in the United States by Edward Foley. I ordered it online the minute Ron Coleman tweeted about it about a week ago. It was the first time someone had brought up the idea that the Vice President has potentially wide power of discretion in presiding over the joint session of Congress on January 6, that counts the Electoral Votes submitted by the States. 

I just started reading the book. The author has a definite thesis that puts forth from the start, namely that the United States is underserved in its laws regarding the resolution of disputed elections. It would have been much better from the beginning of Republic, and certainly better going forward, if the U.S. would adopt the system that has been used in Britain since the late 18th century (from tine of the Revolution itself). The British system is called the Grenville system and relies on a non-partisan board to objectively examine disputed elections and to decide the winner. The author is very upfront that this is his thesis. Of course I cannot yet accept it, and I just started the book.

The more important issue is the one at hand with the attempt at national election fraud we have just experienced, that Trump has now made the case for. 

I have not yet gotten to the meaty chapters about the presidential elections of 1800 and 1876, which seem to establish precedent for what is possibly going to play out in the next few weeks. My understanding from educated people who have studied this is that there is little precedent and wide latitude within the Constitution and federal law regarding exactly what has to happen.

I will follow up with more comments when I have read more of Foley's book. Events are moving quickly so I will have to read fast.

Except a flood of articles  i n the increasingly irrelevant mainstream media attempting to debunk this:

You think anyone cares anymore what the mainstream media thinks about the Constitution? They think they have become the Constitution.

Fraud vitiates everything. "Joe Biden has attempted to defraud the 2020 Election. He has been caught. This defaults to a Trump victory...Our nation is logical. You cheat, you lose. By the cheat, Biden is disqualified."

The above video had me doing a deep dive into under Madison's "first purpose of government" in Federalist no. 10, including the preservation of the stability of the Republic from the dangers of "faction," the causes of which "cannot be removed."  I think I finally understand what Madison meant here.

The genius of the American form of government in a nutshell:

1. We have a democratic form of government to thwart the tyranny of the minority (monarchy, dictatorship).

2. We have a republican form of government to thwart the tyranny of the majority.

The United States was the first nation in history to accomplish both of these things at the same time. That is the genius of the American system. That is why we are a model for all nations of the world. 

I can't believe I didn't understand that until now. This changes everything about how I see this country now. This makes me want to find a Communist and kick their ass right this minute.

Updated: WOW. Texas just put a big boot in the door of the Electoral College. This is getting good.






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