By Guest Author David Robb
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A coup d’état, usually shortened to coup, is the seizure and removal of a government and its powers. Typically, it is an illegal, unconstitutional seizure of power by a political faction, the military, or a dictator. Wikipedia
America today stands at a crossroads like nothing before in its history. Sometime last year, a coup took place – quietly, stealthily, and without great bloodshed, but a coup nonetheless. Groundwork for the coup was laid over a period of decades, but the opportunity to act only came recently.
Under the cover of a widespread disease, mechanisms were put in place, including changes to laws, unconstitutional restrictions on movement, gatherings, and information exchange. Dissenting voices across the land were silenced, even that of a President. Election laws were changed or ignored to give the appearance that the coup was legitimate. Our cities were burned and looted to create fear and distraction. Our borders were cast open to an influx of the needy, the diseased, and to all manner of criminals. Our once vibrant economy that was creating new opportunities for all was brought to the brink of collapse by authoritarian edict in the name of saving us.
Consolidation of Power
As with such coups in history past, the perpetrators are working feverishly to consolidate their power before effective resistance can be mobilized to stop them. Numerous edicts have been issued by the presumptive leadership that have served only to further weaken our economy, establish government control over our businesses and livelihoods.
Just this week the administration created a Hobson’s choice situation where either more than ten million families could be rendered homeless, or a corresponding number of property owners would be bankrupted – all through government edict in direct violation of a Supreme Court ruling. It was even acknowledged that the edict was unconstitutional, but the presumptive President said it was acceptable, because the problem would all be over before a case could work its way through the courts.
A short while before, an agency that is not a court issued a “ruling” that they had no authority to issue stating that the government had the legal right to compel citizens to receive an unapproved new substance miscalled a vaccine. This week, a different agency “ruled” that both property rights and contracts were now under full government control, and that violations could be severely penalized under force of law – this by an agency that is not an elected body and has no legal authority.
Recently, our military initiated a purge of service members who do not share the progressive beliefs and agendas. Police departments across the country have been decimated by progressive city governments working to “defund” the police.
Billions of dollars of damage along with dozens of lives taken in violent “demonstrations” in multiple cities with none of the perpetrators brought to trial while over 500 decent citizens languish in federal prison for over seven months under charges no greater than trespass and minor destruction of property. The FBI has been conducting raids in force, seizing property, and holding citizens in custody on the most flimsy of justifications. The 4th, 5th, and 6th amendments to our Constitution stand in direct opposition to these actions, yet are being ignored by our own government.
These are just the tip of the iceberg. The list of progressive government intrusions on all aspects of our lives is long and growing daily. New lockdown orders, vaccine passports, HR4 and HR5, new executive orders. Trillions of dollars added to an already extreme national debt, Green New Deal orders, court packing, outlawing independent election audits, gun confiscation- the list is endless.
The Problem of Executive Orders
One of the biggest problems is with Executive Orders. Congress has little control over them and the courts are uncertain, slow to respond, and have tended to avoid ruling on them. The worst ones call on agencies to expand regulations using previously passed laws as their authority. Congress, for most of the last hundred years has passed broad brush “enabling” legislation, and then handed authority over to regulatory agencies to fill in the details.
The regulations they prepare have force of law since they derive their authority from the laws Congress passed. At the point that regulations are issued, Congress has few options – it can repeal the original enabling law, it can pass a new law restricting the interpretation of the original law, or it can try to correct the regulations to be more in line with the original intent. All of these are difficult, especially as they would require signature by the Executive branch to take effect. Not very likely today.
The dangers of Executive Orders are that they bypass the checks and balances of the separate branches of our government. They rely on enabling laws that might have been passed decades ago and there is no-one in the current Congress to hold accountable. Probably the greatest danger is that they have immediate effect. Like the edicts of dictators and tyrants, there is little or no delay between when the Order is issued and when it takes effect. By the time a legal challenge can be mounted, the damage is done.
The Risks of Failure
It is these properties of Executive Orders that make them so attractive and so powerful for those who want to secure their power quickly. And they must act quickly as the cost of failure for them is high. Unless they can secure sufficient power before their opposition can respond effectively, they stand to lose everything – their positions, their authority, their lucrative patronage, and even their lives and freedom. Some would face charges of treason for which the penalty is death. Many would face lengthy prison terms. Yes, the stakes are high.
If, for example, election audits were to show that there was incontrovertible proof that the 2020 election was stolen by fraud, those who benefited would be at high risk, as there could be massive call to remove them from their offices and install the rightful victors. Retribution would follow swiftly. In order to avoid that they must oppose legitimate audits that might expose their fraud and bring their downfall.
It’s Later Than You Think
Throughout history, the consolidation of power of successful revolutions has taken only a few months from the time of commitment. The Russian Revolution, the Communist takeover of China, the Nazi takeover of Germany and Fascist takeover of Italy, Cambodia under Pol Pot, and every other coup has consolidated power quickly, generally in less than a year, at which point they became almost impossible to remove.
Now some believe that we can correct things in the 2022 election, at least to the point that the worst measures can be blocked until a new President is elected in 2024.
I don’t think we have that long.
We need only look at all the damage that has been done in just over seven months from the Inauguration, and then realize that the 2022 elections are still 15 months away, and 17 months from taking effect. The administration has already issued 53 executive orders, and they are far from done. We can be assured that if it appears that they might lose those elections, they would accelerate their own efforts. Imagine what a national lockdown could do. What if HR4 were to pass and implement many of the proposed constraints on state election integrity legislation? What if states had to ask permission of the Federal government to implement election reform? What if vaccination passports are required to conduct ordinary life, and those passports were denied to “enemies of the state”?
I know many of these things verge on the unthinkable, but just consider how many aspects of our daily life and our lives of the last year would have been unthinkable only two years earlier.
This opens the question – what can we do now?
I’m not a Constitutional scholar, nor a lawyer or expert in Constitutional Law. I am, however, a US citizen, reasonably well educated, and allegedly able to read and write. Our Founders realized that in order for there to be rule of law and not of men, the law must be readily understandable by the majority of citizens, and that it must be widely published so all could know it. That concept dates back to the time of Hammurabi, if not earlier, when the laws of the time were carved on a huge stone and placed in the center of the city. Our Founders wrote our Constitution in plain and simple language so that all could read and understand and so that it could not be misrepresented. It is on that basis that I offer the following solutions and analyses. I am also not the first to consider the problem.
Congressional Power of Impeachment
Some suggest that Congress use the power of impeachment as specified in Article I, Sections 2 and 3 of the Constitution to remove the current presumptive President, thus stopping the flow of Executive Orders and signature of damaging bills. While this is a legitimate power of Congress, there are several problems with this approach. At least three successful impeachments would have to be accomplished in rapid succession.
The presumptive President, the Vice President and the Speaker of the House would all have to be impeached as the latter two would succeed to the office of the President, and would be at least as bad as the presumptive President. Further, in order to have a successful impeachment, at least two thirds of the Senate must vote to convict. With the current makeup of the senate, getting two thirds agreement in three cases would be extremely unlikely. It is further complicated by the fact that if there is extensive election fraud, several members of the Senate could be beneficiaries of fraud and thus reluctant to jeopardize their positions.
Even if multiple impeachments were to occur, that would still leave all the Executive Orders, signed legislation, and other acts of the illegitimate administration in place. The next administration would face a major effort just to undo the damage, while encountering resistance at every step from entrenched interests who benefited from those acts of the prior regime.
Supreme Court Action
Many hold that the US Supreme Court could, if presented sufficient evidence of fraud, rule that the results of the 2020 election were invalid. There are multiple problems with this approach. First, the Court would have to agree to accept the case. The current Court has shown great reluctance to take up election issues, so there is a good chance they would simply decline.
Beyond that, there is a real question if the Court has the Constitutional authority to declare an election void. The Constitution provides Congress with the ability to remove officials through the impeachment process, and grants States the ability to conduct elections as their legislatures so order. The ability of the Court to intervene in impeachment has generally been considered outside its authority. Intervention in election rights of States has also generally been considered to be outside their scope, with very few exceptions.
There is a further concern that in a situation with such momentous importance, the Justices would be subject to intense pressure, especially by those who would stand most to lose. The Justices are human with families, friends, employment and other vulnerabilities, and also have their own ideological biases and considerations.
While in an ideal world, these Justices would resist these pressures and rule impartially and fairly based on evidence and arguments presented, the sad fact is that they are only human. On past occasions, other Justices have yielded to pressure and provided questionable rulings that have had negative repercussions for many decades. A prime example is when the Court bowed to pressure during the FDR regime when threats of court packing were used to obtain favorable rulings. Pressures in the current situation would be far greater than any time past.
Decertification of Electoral College Votes
This approach has reasonable potential for success, but is unfortunately slow. Most states that might decertify have yet to start audits of the 2020 election. and audit results showing sufficient fraud or error would likely be a necessary condition. Furthermore, the state legislatures would have to be convinced to act, and would likely have to be in regular session. All this would probably not occur until well into 2022.
The opposition could be expected to object that the Constitution does not provide for decertification of votes, only for certification, so once an election has been certified it cannot be changed. Amazing how important the Constitution becomes when it serves their interests, and how obsolete and irrelevant it is otherwise. In any case, decertification would present an open legal issue that could keep courts entertained for years. It is worth a try, though.
Actions of the States and the People
While the Constitution explicitly covers a wide range of situations, the Founders realized that they could not cover all possible conditions, so they made provision for unforeseen events. That provision resides in the 10th Amendment, the last of the Bill of Rights, which states:
” The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
This simple language empowers the States and the People to act to address unforeseen circumstances, such as a coup resulting from massive election fraud. It doesn’t matter if an election has been certified. The power of the 10th goes beyond the power of impeachment, beyond the power of legislative repeal, and even beyond the power of the Court. If we are truly to have a government of the people, then the people must hold ultimate power.
Remediation of fraud always involves restoration to the rightful parties that which was fraudulently obtained. Through a 10th Amendment action, the 2020 election could be declared null and void, all executive orders and signed legislation declared void, and the slate essentially wiped clean except for monies expended.
This approach is not without its own challenges, though. Not all states are likely to participate. It is probable that there would be a majority of states pursuing a 10th Amendment action, but only one would be sufficient as a sponsor. The principal value of a sponsor would be to make it difficult for the activities to be dismissed and “cancelled” by media actors. Arizona has demonstrated what a difference one courageous state can make. Florida and Texas are also doing their part.
The opposition would likely try to claim that remediation of fraud was somehow unconstitutional since the election is over and the results were certified. However, the Constitution only speaks to the conduct of elections by States, and removal of individual elected officials. It does not address removal of an entire administration that obtained power through fraud. That is clearly one of the unanticipated circumstances for which the 10th Amendment was written.
Undoubtedly, the fraudulent administration and its allies would attempt to put pressure on organizers of such a 10th Amendment effort. However, that would be of limited effectiveness since, unlike courts, leadership would be diffuse and spread across many States so there would be no single point of vulnerability. This is not to say that they would not fight with every tool at their disposal. We only need to look at what they stand to lose to know that it will be an epic struggle.
The 10th Amendment may be just what we need to save our country in its great hour of need. It is time to get the dialog started and to take action to preserve our Republic.
By David Robb
David Robb is regular contributor to The Blue State Conservative and a practicing scientist who has been working in industry for over 50 years. One of his specialties is asking awkward questions. A large part of his work over the years has involved making complex scientific issues clear and understandable to non-specialists. Sometimes he even succeeds.