Op Ed: How To Stop Trump in Exactly… 60, 59, 58 … Days!

by Brett Redmayne-Titley

      “Perhaps America will one day go fascist democratically, by popular vote.”

              -William L. Shirer, The Rise and Fall of the Third Reich.

 

Indeed. These are desperate times for the American voter. Desperate times call for desperate measures. You, the American voter, had only a Hobson’s choice of one of three fatally flawed presidential candidates.  A choice for the “lesser of [three] evils” is still a choice for evil. And, so, here you are!

Petitions?  Protests?  Death treats? Nonsense!

An exercise in creative thinking by the rational, intelligent and scared voter reveals reason, motivation and opportunity to stop the advent of the horror that is this presidential election’s final result.

It also reveals a very plausible plan. It has only one weakness. You!

In less than sixty days president elect Donald Trump can be stopped in his tracks from taking the Oath of Office on Friday, Jan 20, 2017 Legally. Without firing a shot. It has happened three times before in US election history. However, this time it is the voter – not the elite-who can change the course of US history. Every American man and woman, of every race, color, and creed, religion, ethnicity and sexuality over the age of eighteen can- this election- right now alter all US presidential elections, while seizing-back the reigns of a shattered democracy. Better; while using and US Constitution to do it!

Interestingly, deep under the rubble of what’s left of this eviscerated US Constitution lies an all-powerful shard awaiting to be used. By the people. A Trump card if you will. Here, the long-range wisdom and thinking of its authors two-hundred-plus years ago must now be fully considered and appreciated.

Or else!

The concerned reader will be pleased to learn that a treasonous Executive Branch, unanimously corrupt Legislature and a Judicial majority of bought-and-paid-for Supreme Court justices ,now about to be lead by Mr. Trump, are not the only three remaining Constitutional checks and balances provided by law to stop political tyranny, such as this election result.

Welcome to the workings of the Electoral College. Use it wisely.

 The Trump Card the Media Hides From You.

“The best argument against democracy is a five-minute conversation with

  the average voter.”– Winston Churchill

 

The majority of American voters still having a mind that has the function of critical thinking and self-preservation- a majority as proven by the popular vote results- woefully understands two obvious conclusions: this election’s prize winner is dismal at best and that the rabble willing to vote for him are idiots, if not, fools. In fairness, much the same and more can also be said for the Ms. Clinton & Co. Ltd. and the fractional other half of US voters.

However, the current outcome is that a supposed billionaire capitalist is about to become commander-in-chief of the largest Imperial military threat in world history. A close look at the reality of Trump’s current cabinet short-list reveals, in fact, that his “cleaning out the swamp” will actually mean the installation of his own political cesspool- and nothing for the voter. Something must be done.

Paying attention?

Now… a couple of fun facts. In the presidential election of 2008, 212 million Americans were of age and eligible to vote while 169 million (79.7%) did register to vote. This statistic shows that 21.9 percent of potential voters chose apathy instead of voting. Of those who voted only 132 million actually made it to the polls on Election Day. That’s only 62.4% of all eligible voters, which equals, if one follow so far, over 80 million potential voters who have already implicitly and factually not voted. The 2016 results may be in keeping.

And … the president elect must have 270 votes to be the legitimate US president.

Subject to the final Tuesday night tabulations of the popular vote it can be argued mathematically that the new president-elect is objectively, and quantifiably, not the legitimate winner. Add in the aforementioned non-voters opinions of this matter and it can be fairly stated that the impending administration of the president-elect Trump, and everything it may spawn, is also illegitimate. But is it constitutional?

Well…so far.

Voters have been mislead into believing that once this Election Day’s results were tabulated the matter is settled for the next four years regardless the popular vote. In desperation the real majority of angry or disenfranchised voters must now look correctly and carefully at their US Constitution and the fine-print of the Electoral College.

Here lies the means to stop this maddening election result in its tracks and save America. Guaranteed  It has only one weakness. You!

American civics as once taught in US schools has almost gone the way of the Dodo. Hence, few voters currently know of the language, nuances, machinations and ultimate power  that lies waiting to be used in the Electoral College. By you! Did you know that the Electoral College is actually an upcoming vote. Even better, this vote can be changed legally… by you!  Best: that vote will not take place for almost two more months.

Well….you better fucking hurry!

What You MUST Know About the Electoral College.

“Those who vote decide nothing. Those who count the vote decide everything.”

       -Joseph Stalin

The Electoral College is not an institution but, more accurately, the process of certifying the final results of a presidential election after Election Day and before the prescribed inauguration. The Electoral College consists of 538 “electors.” Both the Republican and Democratic Party each have an equal potential group of electors available to their party’s presidential nominee. Cumulatively they equal the sum of each state’s members in the US House and Senate. A majority of 270 electoral votes is required to elect the President. Trump got 290. Voting for president in each state election procedurally amounts to voting for that state’s set of either Republican or Democratic Party electors. In turn the victorious group of sate’s electors- Republican or Democrat- only “promise” that they will vote for the candidate that their state’s voters chose. This, however, is merely a promise and not mandated by law.

This process of the Electoral College is independent and comes, as referenced, after the national election. It does not have to necessarily provide the same result as the national vote. The reason is that members of the Electoral College, the Electors, who are each tasked with casting the separate, final and required votes that certify the choice of president, are NOT legally required to vote in the same way as initial election night tally of electoral votes. Really!

So says the US Supreme Court.

Deliberately, the authors of the constitution crafted this fourth protection of the Electoral College. According to the web-site of the Congressional Archives, “The founding fathers established the Electoral College in the Constitution as a compromise between election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens.” However, the term “electoral college” does not appear in the Constitution. Article II of the Constitution and the 24th amendment refer to “Electors,” but not to the “Electoral College.”

The Electors are selected during each state’s party convention, Republican or Democrat, and are usually just party affiliates being rewarded for their patronage with the privilege of one additional, usually meaningless, vote. However, the Electors names, addresses and party affiliations are required public information available to you. Electors being legally independent, in about half of the states there is absolutely no legal requirement for an Elector to follow the party line when voting for president two months hence. Of the states that do prescribe party loyalty, few have any legal punishment for abandoning the mother ship. Pay attention. In two months and counting when all US electors meet to certify the election, they must do so in an open public session. Open to the public. That’s you!

It takes 270 Electoral votes for a president-elect to be confirmed. In the 2012 general election, the total was Obama: 332; Romney: 206. This means, using this example, that if 63 Electors were convinced to change their vote away from Obama he would not have been immediately confirmed by the Electoral College. This is not as far-fetched as it might seem. The Congressional Archive reports that the Electoral College has in the past bucked the party-line and the popular vote. Electors were responsible for the controversial result in the 1876 Hayes v. Tilden election and the Harrison/Cleveland election of 1888. Of course in the infamous Bush v Gore, 2000 overthrow, the Electors failed to follow the popular vote as well. Only about half of the states have laws mandating party loyalty from Electors and, of those that do, no Elector has ever in US history been punished for jumping ship. Further, Supreme Court precedent indicates that the court would likely side with any non-compliant elector under the protection of the First Amendment, since the constitution itself does not , for the obvious reasons illustrated herein, mandate party loyalty from the “appointed” Electors.

So thus armed with a working knowledge of the workings of the Electoral College, and before each state’s Dec 19 meeting of Electors, all the US Electors might be personally and politely contacted, informed and influenced by an outraged public majority. In doing so, each elector might also be reminded of two important facts: the president-elect is in fact illegitimate and that the upcoming public state meetings will be attended- state-by-state- by those same millions. The explicit message to each of the 538 Electors; you the Elector must do as the law of the majority, the Constitution and your conscience require. Instead of voting Trump…vote NO!

The 2016 US presidential election is a working example for the reason that this governmental body was included by the founding fathers. Correctly critiqued in the past as functionally used in the past only as a means to protect the aristocracy from the idiot-masses, who occasionally have a complete lapse of clear mental cognizance in expressing their will to elect a president who is not in their best interest, this may now be used as the a formidable tool, instead, by the voters against imposed aristocratic tyranny of a future president-elect.

Getting interested? It gets much better!

Step One: Your State and You!

After the presidential election tabulation results of Nov.8, the governor of each state prepares a “Certificate of Ascertainment” listing all of the candidates who ran for President along with the names of each of the respective electors of the prevailing president-elect’s party. For states that went for Clinton these Electors may still vote in her favor. Thus, each state sends its Certificate of Ascertainment to the National Archives and it is readied, along with those of the states, for the upcoming meeting of Electors at each state capitol.

However, the state elector’s vote is not final until when, next, the Electors meet in public session at each of the 50 State Houses. The meeting of the electors must take place on the first Monday after the second Wednesday in December after the presidential election, which will be December 19, 2016.The electors meet in their respective states, where they may cast their “promised” votes for President and Vice President on separate ballots. After the vote- usually a formality seldom attended by members of the public- each state’s elector’s votes are recorded on the “Certificate of Vote,” which now finalized. Each state’s Certificates of Vote is then sent to the Congress and the National Archives as part of the official records of the presidential election.

So…the Electors might be influenced, individually, before each state’s public State Capitol vote to change their vote to an alternative candidate- not necessarily Clinton.

Or…a state might be influenced to “object.”

Yes, instead of individually influencing Electors to change their minds on individual votes, a state might ultimately chose to object. So when, in Washington DC on Jan 9, before the first votes are read state-by-state in alphabetical order in the House of Representatives, any state may interrupt the proceedings and object. Yes, the States may also – at the Electoral Vote meeting-state their opposition to the president-elect on constitutional grounds. If so, the result is mandated by law to be a separate joint session of congress to debate the merits of any state’s objection. This stops the vote count in its tracks.

Is there not a better rationale for this collegial objection than an indictment of presidential invalidity?

So, far before the Jan 9, 2017 voting date in the US House, angry voter can besiege their  state’s Capitol Buildings and Electors dwellings with a demand for not on, but two causes of political action.

But , regardless of possible retroactive results in each state, there is still more opportunity for the voters.

One Final Chance.

“Giving every man a vote has no more made men wise and free than Christianity has made them good.”H. L. Mencken

The Vote count in the House is mandated by the US constitution to be a public forum. You can be there!

The magic number to remember is just 21. Should any US state fail to object, thus immediately putting the election on hold pending House deliberations, then the nation’s outraged public may still attend the mandated public vote to be held in the US House on Jan 9. Trump must receive 270 Electoral votes, he currently has only 290 promises; not  votes. This means that if a mere 21 Electors are indeed influenced to change their votes- or object by abstaining to cast a vote- for Trump, the Electoral College and the vote comes to an abrupt stop.

This does not mean that the Hillary supporters will get their flawed candidate elected.

Thanks to the long forgotten and previously misused fourth estoppels within the Constitution- the Electoral College- if Trump fails to receive his required 270 votes, you, the American voter, have now created a quantified and legal political confrontation between the proven majority of voters- a majority that has had absolutely enough of this sad, terminal facade of democracy and its established candidate. The Electors, who are now facing the facts, their consciences and the rising rattle of millions of pitchforks from dispossessed American citizens, now, have a big problem- growing daily.

So does the president-elect!

Per the Constitution, if Trump fails to ultimately get his 270 confirmed votes, the eventual president must be decided in the House of Representatives!

This has never happened. But desperate times do indeed call for desperate measures. Rather than voting from the future flames of an empire gone mad, would not a daily, minute-by-minute, ongoing national TV spectacle of democracy running amuck in the besieged Houses of Congress offer the desperate voter at least the possibility of a better outcome? This spectacle, although a cacophony of democratic foibles, would be tantamount  to the first Constitutional convention since 1787!

This may be the only mechanism left to save America from itself.

The sound of pitchforks is an interesting sound for it tends to carry on the winds. Now, you, the pitchfork carrying, depressed, angry, disenfranchised voter have been given, here and now, the information, the motive, the plan and the opportunity to change this election result and influence those in the future. You will also change America forever.

Consider…

… on Jan 9, 2017 in Washington D.C…

… the congressional “Teller,” now opening the sealed envelope so as to read the next Certificate of Vote of the state of Florida, suddenly pauses before the jam-packed, over-head public gallery of the House, now swelling over the banisters mere feet away. . He now, considering carefully the paper at hand before him, looks nervously about the once hallowed halls of democracy. The Teller bellows for quiet from the deafening sound of pitchforks rattling expectantly above. As the din settles he clears his throat. “Mr. President of the Electoral College…” begins the Teller with a conspicuously shaky voice, “Umm…the Electors of the great state of  Florida vote…well, Mr. President…the Electors…in Florida…they…they refuse to vote! All it says here, Mr. President…” and now the Teller waves the seemingly blank Certificate of Vote before the bewildered throngs of shocked congresspersons and the newly empowered voters, now pounding on the railings above, “…all it says here is…NO!”

Florida has 29 electoral votes. The election of Donald J. Trump is over!

The resultant din of democratic turbulence would thus shake American democracy to its foundation. Next, in the cataclysm of a mandated, approximate constitutional convention, this outcome just might provide a new foundation, a new light and direction to re-build this almost completely fractured nation.

Is this not the time, right now, to feed the intellectual fires of necessity? Something must be done beyond another four year cycle of endemic apathy and fatalism. At this most-important juncture in American history- and its future- what say you, Americans?  Has this not been a presidential election drawn together from a collection of the very worst of all the many declining American values, now encapsulated in the persona of Donald. J Trump?

This is not merely a plan; it is the law. It has only one weakness. You!

Something must be done.

It is time!

Brett Redmayne-Titley View more

Brett Redmayne-Titley
Brett Redmayne-Titley began reporting on-scene in an effort to provide better quality reporting from current events of geo-political, environmental and moral importance. A life-long activist, political commentator and world citizen, he has published over one hundred in-depth articles, many of which have been re-published and translated internationally. He can be reached at: live-on-scene [at] gmx.com

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