Overheard… Getting deep into Constitutional weeds.

JJmil, Spitballer at Telegram:

“… the Constitution does not address every scenario, which is the reason we are in devolution.  As I tried to explain in my reply to L2, the distinction is between suspending parts of the Constitution in an emergency, or outright changes to it.  For example, changes to the 22nd amendment which governs the procedures for elections, would be one that could not be changed by Executive fiat, as I understand it.  Another would be the maximum length of time a President can serve of 10 years – 8 yrs of a regular term, plus 2 yrs of a term to which someone else was elected. The framers intentionally set it all up that way, so that we would never find ourselves in the situation with a tyrannical out-of-control govt. The power resides with the states and the people – and I’m glad it does.

Another example is the authority that the judicial branch has, or doesn’t have. Because all authority for elections, resides with the states (state legislatures), I do not think SCOTUS has the authority to order new election at the federal level.  They have to uphold the Constitution as written, and that means they cannot rewrite statutes such as the 22nd amendment. Just imagine if the court had that power, and the left packed the court, they could throw out an election and order a whole new one. But I think they could make a ruling on the constitutionality of what occurred in some of these states, if a case is brought. But the resolution to it, I think would have to come from the states, not the federal govt.

Also I don’t think military authority can’t be changed by Exec Order or PEAD.  The point I’m making is that we don’t need to stretch the boundaries of authority to solve the problem, because everything we need exists already in the law.

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Joe Lange:

You are mistaken in your analysis JJ.

A new election is coming.

You are right in saying the court can’t order a new election.

They won’t.

They will toss the entire election based on evidence of a massive conspiracy by the enemy to steal it.

That triggers a constitutional crisis which if we are following the constitution the military takes full control temporarily until “ a new civilian government  government can be established.” 

The military will order a new election.

That’s in following the constitution.

And as for the 22 amendment you can’t have it both ways.

The 22 amendment applies to legitimate elections.

Nothing about the 2020 election was legitimate and it’s also an act of war.

The rules have changed.

Nobody is talking about changing the constitution with a new election ordered by the military so they can return control to a legitimate civilian government.

That’s following the constitution.

That can happen anytime the military deems is best.

Following the constitution also means “certifying” the election which is impossible.

Do we just skip that part of the constitution and do we want to set a precedent for the future that elections don’t have to be certified with an actual vote count?

How does that protect future elections?

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JJmil:

I know you think that, and that’s fine.  I just disagree.  SCOTUS does not have the authority to overturn a 50 states election, nor would they, IMO.  You would have point to what law gives them that authority, my friend.

Then in the next paragraph you say, “The military will order a new election.”  Where does the military derive that authority?  I no of no such authority.  Sorry makes no sense to my logical brain.  

Nobody likes the fact that people violated our laws to do what they did.  But we didn’t skip that part of the Constitution, the election was certified, unless you believe the ECV was suspended.  The point I’ve been making is the rules DON’T change just because we had a fraudulent election through an Act of War.  We still must operate within the law.

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Learning2Human:

we are just spitballing on how we THINK it went down.

I think the transfer of power occurred before J6.  The electoral process happened as outlined in the constitution – at least from a public perspective.  The same was true of J20 (other than Trump departing before the sham “inauguration”.  …which was a huge tell.)

But all of that was made legally moot because of devolution.  Power was transferred to the military much earlier, so the congressional electoral certification process was meaningless.   The deceptive ceremony had to happen to satisfy a primary mission objective of devolution:  to minimize civil upheaval.  But the outcome was rendered meaningless because of devolution.  Anyway, that’s why I think devo happened before J6.

Deceptive ceremony is why Biden is playing the role of “president” without having the legitimate authority of the office.  He is in a very small box.  Why?  To minimize civil upheaval until the other plot lines to this movie catch up.

Durham is playing a key role.  He is closely working with the DOD to coordinate investigations and grand jury materials.

Also, the Covid faux-fear had to play out.  I think a huge silver lining of the Covid narrative was how it made clear who supported freedom and who supported tyranny.  People can see it for themselves.  Freedom worked.  Tyranny failed.  Soon we will enter the public backlash phase.  There will be many criminal arrests and millions of civil lawsuits.

The timing of those and other storylines seem coordinated.  Joe Lange predicts April 2022 as the coming out party.  I hope he’s right.  

For the remainder of 2022 the temporary governance stewardship of the military will continue through the special elections in November 8, 2022.  I suspect Trump will be inaugurated in January 2023 for a two-year term…followed by a proper four-year term beginning January 2025.  10 years of Trump.  The globalist will be crying in the bag pulled over their head.  Sorry…gallows humor. 😬😁

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JJmil:

I agree with a lot of that, however you lose me on govt devolving prior to J6 & J20.  Having read the LOW [Law of War], I see no mechanism for that occurring without the enemy invading force actually taking control of government.

…but technically Trump remained in power until J20, when the government was officially overthrown.  THAT is the mechanism that devolved govt to the military IMO.

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Joe Lange:

The law is already precedent.

Fraud vitiates everything.

There is no way the Supreme Court sees evidence of a conspiracy of corruption and lets an illegitimate election stand.

They would be complicit and become enemy combatants.

It’s going to be a 9-0 decision to toss it.

You are trying to apply rules to an illegitimate election and act of war.

The rules have changed

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JJmil:

Ok – we’ll see Joe!  I would be happy with that – but I don’t think that’s the way it will play out.  SCOTUS may make a ruling, but not the one you are thinking IMO.

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Lisa Goodman:

Joe, more comprehensive but same thoughts in my response to JJ below. You can’t have it both ways, and you can’t expect the Very Bad People who did this to come forward and admit to treason. They too know what the Constitution says about plenary powers of States, and they are banking on the SC to turn it back to the States with the same corrupt people in power. We can see that these VBP will stop at nothing, including murder, to stay in power and cover their tracks. It’s either that, or Gitmo. As the saying goes, the cover up is worse than the crime. We saw it with Watergate, we’re seeing it with Russiagate. Yes, it’s pretty clear that the Military will have to be the answer, but the SC could be the answer, and I think that what Trump wants too.

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Learning2Human:

I just caught up on yours and Joe’s discussion.  While I agree with Joe Lange that “fraud vitiates everything”, fraud is a crime.  Election fraud must be prosecuted in either criminal courts or military tribunals.  SCOTUS can’t do that.  

There must be an evidentiary hearing to demonstrate comprehensive, coordinated criminal acts that invalidated the national election results.  It must be proven in a criminal court or military tribunal.  Think RICO or an act of war.  I suspect that’s what one of Durham’s special prosecutors has been investigating.

I lean towards military tribunals providing the initial venue because I suspect the 2020 election fraud is legally viewed as an insurrection…an act of war.  Let’s think that through logically.

If the fraudulent result of the 2020 election has been proven to a secret grand jury, they have the power to indict and arrest the perpetrators.  If some of those arrests are government officials, ie…Biden and members of congress, then we have ourselves a constitutional crisis.   At that point I suspect SCOTUS might decide on the way ahead…a transitional government and special elections.

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Gray Barn:

From all my reading of military manuals, when I say the military will hold a new election, my understanding of that is that the military will not be THE election holder but will instead oversee an election to make sure the election is not filled with fraud and that the election follows the constitution and We the People are giving our right to vote. The military will be protecting our constitutional rights by doing this.

The states will still be the ones holding the actual election just as they have always done and which is what they have the power to do. My belief is when the SC rules that there was national and international fraud and we are thrown into a constitutional crisis, that will trigger the states to hold a special election. People will be arrested leaving numerous openings across the whole country. The military will step in and I have a feeling they have already identified patriots to temporarily step in until an election can be held.

In the manual I shared a week or 2 ago it states what the military powers are during an election. They safeguard every step of the election but they are not the ones doing the election. They will make sure there is no foreign interference. They will make sure there is no domestic fraud. They will watch over the ballots to make sure they aren’t swapped out or thrown out. They will make sure every legitimate ballot is counted and they will make sure that every person deemed the winner in every race is in fact the true winner. They will basically be the babysitters of the electionr.

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