Senator Ted Cruz appears on Sunday morning to discuss the process of challenging the electoral college certification with Maria Bartiromo (CFR). Senator Cruz (TX) discusses his recent decision to assemble with several GOP Senators after Senator Josh Hawley (MO) announced his intent to challenge the certification.
Within the interview Senator Cruz notes the Supreme Court has deferred any election challenge to the legislative branch; which -in his view- should have been permitted to be argued in the court.
However, setting aside political motives for a moment, the two legal and legislative issues discussed within the conversation (Guarantee Clause and Electoral Count Act) highlight a constitutional framework that does sit outside the judicial branch for resolution.
The main question is… does the legislative branch still have enough strength within the institution to follow the constitutional process? THAT is the element where the unknowns exist.
On one-hand we see a corrupted DC body, infecting all institutional processes – across all branches of government, that has allowed severe corruption to take hold. On the other hand, thanks to the foresight of our founding fathers, the process for rectifying that corruption still exists.
[Article IV – Sec.4] The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
“The Guarantee Clause” – “At its core, the Guarantee Clause provides for majority rule. A republican government is one in which the people govern through elections. This is the constant refrain of the Federalist Papers. Alexander Hamilton, for example, put it this way in The Federalist No. 57: “The elective mode of obtaining rulers is the characteristic policy of republican government.” [citation] “The Clause requires the United States to prevent any state from imposing rule by monarchy, dictatorship, aristocracy, or permanent military rule, even through majority vote. Instead, governing by electoral processes is constitutionally required.”
Additionally, The Electoral Count Act or the Electoral Count Act of 1887 is a US federal law stating procedures for the counting of electoral votes by Congress following a presidential election. It was enacted in the aftermath of the disputed 1876 presidential election between Rutherford B Hayes and Samuel J Tilden. In that election, several states submitted competing slates of electors and a divided Congress was unable to resolve the deadlock. [citation]
Essentially, the Electoral Count Act (1887) requires states to complete their certification of electors to congress by a certain date. The conversation prior to the November 2020 election surrounded whether the COVID pandemic would interfere with the deadlines for state elector certification given the massive numbers of ‘mail-in’ ballots; and whether the counting of them would break through the deadlines imposed by the Act.
A combination of The Guarantee Clause (constitution) and the Electoral Count Act of 1887 (law), establishes the framework for some to argue a fraudulent 2020 election result can successfully be challenged during congressional certification on January 6, 2021. Thus five state legislatures -under Republican control- have sent dual-sets of electors to congress: Arizona, Nevada, Wisconsin, Georgia and Pennsylvania.
Let us be clear… There is little framework for this type of constitutional issue. This is uncharted territory, and consequently there is no body of law or case study upon which to apply a historic reference. However, that said, the issue of Director of National Intelligence, John Ratcliffe, producing a report about foreign election interference could be a fulcrum issue upon which “The Guarantee Clause” of the constitution may apply.
Here’s where it gets interesting…. The Guarantee Clause puts the jurisdiction in the hands of the political bodies, executive branch and legislative branch, to decide the merit of any state vulnerability in their election outcome. There is little, if any, place for the judicial branch to play a role.
In Luther v. Borden (1849), the Supreme Court held questions involving the Guarantee Clause nonjusticiable, meaning that any remedy for a violation would lie with Congress or the President, not the federal judiciary.
Nearly one hundred years later, the Court sweepingly declared that the guarantee of a republican form of government cannot be challenged in court. Colegrove v. Green (1946). (citation)
The federal government, not the state government, ultimately holds the responsibility to protect the entire United States from foreign interference within the Guarantee Clause. This would seem to apply to foreign election interference. “[B]ecause protection against invasion or domestic violence is normally available only from Congress and the President, the structure of this section suggests that the political branches have at least the primary duty to carry out its obligations.”
If DNI Ratcliffe produces a report (prior to January 6th) that outlines foreign interference in the election; and if the argument can be made the states with the contested (dual sets) of electors were subjects/targets of that interference; then a foundation to nullify the electors from the contested states is laid in congress.
In this approach the electoral nullification argument would appear to rest on The Guarantee Clause; where the state election outcome was not valid – as it is not representative of a republican form of government, and the majority vote requirement was manipulated.
If this type of legislative challenge was to take place, there is little precedent for the judicial branch to be involved except to qualify what role The Guarantee Clause would/could play and to what extent the nullification arguments are constitutionally valid.
Again, this is all uncharted territory. However, there are people claiming this process could work to keep President Trump in office. The disqualification of the contested state electors under this argument would ultimately fall upon Vice President Mike Pence who is also President of the Senate and in charge of the January 6th electoral vote certification.
There is a lot of “if-this-then” etc within this framework, and all of it ultimately is predicated on congress challenging the election; and VP Mike Pence then deciding which electors would be certified or nullified; that seems to be the main argument.
Support for this approach would be enhanced if the Ratcliffe report was published prior to the January 6th assembly. Which begs the question: why is DNI John Ratcliffe taking so long to produce his report?
Last thought… I have absolutely no idea if this can work, I am just summarizing a set of theoretical arguments that have surfaced. Remember, we all want the best outcome for our nation and nerves are frayed…. let us be kind to each-other in fellowship.
Friend of the Treehouse John Spiropoulos stops in rural Arkansas as he travels to Washington DC for the massive rally supporting President trump. John is conducting interviews with people heading to the event.
Traveling from California to DC, John provides “Let’s Roll America” reports as he travels through Arizona, New Mexico, Texas, Oklahoma, Arkansas, Tennessee and Virginia. Yesterday John took the road less traveled to meet with patriotic American, Richard Wiley.
Richard is an 82-year-old widower who is concerned for the future of his 3 children, 4 grandchildren and 8 great-grandchildren. Mr. Wiley is preparing his trip to DC to protest the election result and rally in support of President Donald J Trump.
You can support John at his GoFundMe-Here, as well as GiveSendGo-Here Also any CTH member who would like the opportunity to meet up with John for his video segments can contact him via his email address: Spirovideo@aol.com
John’s next stop will be Nashville, Tennessee where a rally to support President Trump is taking place today. “Let’s Roll America” will file a report from Nashville.
The primary venue for DC assembly and speaker content will be focused on The Ellipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall; however the recommendation is now to arrive before 9am on the date of the event. [See Map Below]
President Trump has confirmed that he will be participating at the massive event. Additionally, for those traveling to Washington DC for the rally on January 6th, here’s some insider advice and helpful tips from a person who lives in the area – SEE HERE –
Also an additional warning. Be prepared for the DC metro to be SHUT DOWN as part of a crowd control strategy. If as many people arrive as we are currently anticipating to see, literally in the millions, you could/should expect DC, VA and MD authorities to order the DC metro rail system to shut down. It would be prudent to plan for this.
If you are incapable of walking multiple miles into DC; and you anticipate the shortage of cab transport; one possible workaround might be to plan on taking Amtrak into Union Station. Unfortunately, January 6th attendees must think of themselves as insurgent supporters arriving against the interests of the administrative state. Have a primary, secondary and back-up plan thought-out in advance; and make your travel into DC early.
As noted below The Ellipse is mid-way (aligned with the Washington Monument) North of the National Mall. The area in-around the Capitol building might not be open due to pre-inauguration event construction. So it is best to be fluid with your plans.
QUESTION: You never said that the Republicans would split only the Democrats. Has something changed?
SD
ANSWER: No. The Democratic split is different. That is a party of highly diverse beliefs. You have the middle-of-the-road Democrats who want Pelosi gone. She represents to them the radical California contingent – as the call it. There are members in the Democratic Party who would toast if California split and say good riddance. There is the Communist contingent intermixed with the Socialists hiding within the Democrats. Alexandria Ocasio-Cortez is a member of the Democratic Socialists of America (DSA) which is a socialist and labor-oriented party with a diverse range of ideas but it is the Socialist Party of America (SPA) renamed and incorporated in the Democrats much like the Tea Party was inside the Republicans. Then you have various ethnic groups, women’s groups, and the LGBT or GLBT which stands for the lesbian, gay, bisexual, and transgender groups. All of these groups share only a common bond of hating Republicans. Beyond that, they disagree on just about everything else from the environment to taxation.
In the case of the Republicans, there are really the elements of the Tea Party which are anti-corruption/establishment and the core of the GOP being the traditional country-club establishment. There are not so many diverse groups as there are in the Democrats. We are not looking at the Republicans “splitting” as is the case in the Democrats.
What the Republicans fail to recognize is that Trump has even beaten Obama as the most admired president in the Gallup Polls. He expanded the party and they got the largest share of black and Hispanic votes in history. Trump did more for the middle class and the working man than any other president. He expanded the economy and black unemployment reached its lowest in history.
“Trumpism”, if you want to call it that, did not begin with Trump. It really began with the Tea Party most recently which forced Speaker John Boehner out because he could not deliver the Republican vote. This “Trumpism” will not end with being driven out of office. This has been a major coup but by the Democrats, Republicans, and the Deep State. They all wanted a non-politician out. I wrote back in 2017: “There is a very REAL plot to overthrow Trump led by the political establishment and aided by the mainstream press.” All I heard from my sources was that they thought Trump won because the media focused on him ignoring all other Republicans in an attempt to pave the way for Hillary. They never expected Trump to win and that set in motion the media hatred of Trump for they believe he was their mistake – CNN especially. Right now, not even Fox News supports Trump. They too are making a very serious mistake. Go back to 2017 and you will find Lindsey Grahm smashing his phone and disliked Trump immensely. Then he started to warm up to Trump.
This “Trumpism” is not entirely confined to the Republican Party. It offers something of tremendous value to the growing level of discontent that the Democrats and world leaders look down on as “populism”. The lesson Republicans have failed to grasp is that the people did not vote for Trump because he is such a tremendous guy. They voted for Trump in 2016 because they hated everyone else in Washington. Both the Democrats and Republicans are fools. They think getting rid of Trump will get everything back to normal – I won’t tell on you and you don’t tell on me, and we all get rich!
But Trump had tremendous support outside the USA for the very same reason. They saw him as standing against their own corrupt governments. It is an anti-establishment sentiment and Trump just happened to be at the right place at the right time. The political class, worldwide, saw Trump as a threat and recognized that “populism” was growing and how to stop it was debated at the World Econo0mic Forum with the result to end voting because the people are too stupid.
The overthrow of Trump will only solidify that “Trumpism” which is growing within the nation and the world. The appeal of socialism always presented by Democrats, liberals, progressives, is far less than the view that Washington is just too corrupt. The Gallup Poll of 2 years ago had Congress still above car salesmen. In the new December 17, 2020 poll, Congress is now officially the worst career in ethics and trustworthiness. They defeated Trump with corruption, but they confirmed they are the worst people on the planet. I reported back in 2019 that 35% of Americans believe the government is the problem according to a Gallup Poll. What they have done to Trump and as soon as the people realize that what the Democrats will do is nothing that they promised, this number will test the 50% level.
One of the reasons the conservative Democrats want Pelosi gone is they view that she had disgraced the nation when she tore up Trump’s State of the Union speech. Even the Gallup Poll shows that the respect for those in the House is the lowest.l Senators are more respected than a Congressman.
The Democrats succeeded in getting votes not for a policy, but by getting people to hate Trump as a person. It may have been a brilliant strategy, but they did not attack the reason people voted for Trump from the start. Trumpism is a philosophy that is not really nationalism, but America first. It is something more like a group that sees themselves as disenfranchised for they are not the influential rich bankers nor the left-wing socialists who expect the government to take care of them like Santa Claus. They are the silent majority that politicians have lied to and look down upon for a very long time.
What the Republicans fail to recognize is that Trump has even beaten Obama as the most admired president in the Gallup Polls. He expanded the party and they got the largest share of black and Hispanic votes in history. Trump did more for the middle class and the working man than any other president. He expanded the economy and black unemployment reached its lowest in history.
“Trumpism”, if you want to call it that, did not begin with Trump. It really began with the Tea Party most recently which forced Speaker John Boehner out because he could not deliver the Republican vote. This “Trumpism” will not end with being driven out of office. This has been a major coup but by the Democrats, Republicans, and the Deep State. They all wanted a non-politician out. I wrote back in 2017: “There is a very REAL plot to overthrow Trump led by the political establishment and aided by the mainstream press.” All I heard from my sources was that they thought Trump won because the media focused on him ignoring all other Republicans in an attempt to pave the way for Hillary. They never expected Trump to win and that set in motion the media hatred of Trump for they believe he was their mistake – CNN especially. Right now, not even Fox News supports Trump. They too are making a very serious mistake. Go back to 2017 and you will find Lindsey Grahm smashing his phone and disliked Trump immensely. Then he started to warm up to Trump.
This “Trumpism” is not entirely confined to the Republican Party. It offers something of tremendous value to the growing level of discontent that the Democrats and world leaders look down on as “populism”. The lesson Republicans have failed to grasp is that the people did not vote for Trump because he is such a tremendous guy. They voted for Trump in 2016 because they hated everyone else in Washington. Both the Democrats and Republicans are fools. They think getting rid of Trump will get everything back to normal – I won’t tell on you and you don’t tell on me, and we all get rich!
But Trump had tremendous support outside the USA for the very same reason. They saw him as standing against their own corrupt governments. It is an anti-establishment sentiment and Trump just happened to be at the right place at the right time. The political class, worldwide, saw Trump as a threat and recognized that “populism” was growing and how to stop it was debated at the World Econo0mic Forum with the result to end voting because the people are too stupid.
The overthrow of Trump will only solidify that “Trumpism” which is growing within the nation and the world. The appeal of socialism always presented by Democrats, liberals, progressives, is far less than the view that Washington is just too corrupt. The Gallup Poll of 2 years ago had Congress still above car salesmen. In the new December 17, 2020 poll, Congress is now officially the worst career in ethics and trustworthiness. They defeated Trump with corruption, but they confirmed they are the worst people on the planet. I reported back in 2019 that 35% of Americans believe the government is the problem according to a Gallup Poll. What they have done to Trump and as soon as the people realize that what the Democrats will do is nothing that they promised, this number will test the 50% level.
One of the reasons the conservative Democrats want Pelosi gone is they view that she had disgraced the nation when she tore up Trump’s State of the Union speech. Even the Gallup Poll shows that the respect for those in the House is the lowest.l Senators are more respected than a Congressman.
The Democrats succeeded in getting votes not for a policy, but by getting people to hate Trump as a person. It may have been a brilliant strategy, but they did not attack the reason people voted for Trump from the start. Trumpism is a philosophy that is not really nationalism, but America first. It is something more like a group that sees themselves as disenfranchised for they are not the influential rich bankers nor the left-wing socialists who expect the government to take care of them like Santa Claus. They are the silent majority that politicians have lied to and look down upon for a very long time.
Trumpism is not really new. It has been a growing philosophy of distrust and discontent which over the course of years has manifested a bipartisan populist undercurrent that stretches back through Pat Buchanan, Ross Perot, Barry Goldwater, George Wallace, Huey Long, William Jennings Bryan, and even Andrew Jackson – the people against the establishment. The London FT did a piece on “populism” and how all the politicians were frightened that they could be thrown out after Trump won in 2016. As the FT said, populism “horrified” the global political elite because they feared losing power! They hate democracy for why should these uneducated stupid people be able to vote them out of office – God forbid!Video Player00:0000:57
John Kerry has come out against “populism” which is Trumpism. Kerry is 100% on board with DAVOS and Agenda 2030. They think they defeated Trump, and they will steer the Great Unwashed morons (us) to the promised land where they eliminate the right to vote so never again do they have to risk their careers with a non-politician in charge.
There are rumblings that among this despised group of populists who were stupid enough to vote for Trump, are the overwhelming truckers who the Democrats hate because they contribute to Global Warming driving their trucks around instead of delivering things on bicycles or by horse and buggy. The truckers are very pissed off on all levels and they deeply resent Washington and the endless corruption. The talk is that they are considering a strike for a month or so which will bring all food deliveries to a halt and most other things right down to new cars. The image of truckers among the Democrats is dirty, disgusting, uneducated, racist good old boys.
A Biden victory may end up as a Pyrrhic Victory. They may stall his Agenda 2030 being put in place by John Kerry probably to his own dismay. Their idea of ending fossil fuels and meat production is just off the wall. The radical left sees it as their object to force the rest of society to comply with their demands. This is so against the idea of a free democratic society it will only provoke internal war.
They are already surrounding Biden with people are for the swamp as usual. And as for the claims that Trump pardon criminals, let us put that record straight. Those people were prosecuted ONLY because they supported Trump. McCain, Hillary, and Biden all took money from foreign governments, and never is anyone prosecuted. They were all political prosecutions under selective prosecution which is part of the entire corruption game.
The Republican Party will not “split” apart like the Democrats. The factions are just black and white as opposed to the multicolored Democrats of many factions. But the populist element which once supported the Republicans will move to a new 3rd Party. In this, we will see even conservative Democrats join its ranks. What both parties forget is that “populism” is We the People – not the aristocratic political class.
John Kerry has come out against “populism” which is Trumpism. Kerry is 100% on board with DAVOS and Agenda 2030. They think they defeated Trump, and they will steer the Great Unwashed morons (us) to the promised land where they eliminate the right to vote so never again do they have to risk their careers with a non-politician in charge.
There are rumblings that among this despised group of populists who were stupid enough to vote for Trump, are the overwhelming truckers who the Democrats hate because they contribute to Global Warming driving their trucks around instead of delivering things on bicycles or by horse and buggy. The truckers are very pissed off on all levels and they deeply resent Washington and the endless corruption. The talk is that they are considering a strike for a month or so which will bring all food deliveries to a halt and most other things right down to new cars. The image of truckers among the Democrats is dirty, disgusting, uneducated, racist good old boys.
A Biden victory may end up as a Pyrrhic Victory. They may stall his Agenda 2030 being put in place by John Kerry probably to his own dismay. Their idea of ending fossil fuels and meat production is just off the wall. The radical left sees it as their object to force the rest of society to comply with their demands. This is so against the idea of a free democratic society it will only provoke internal war.
They are already surrounding Biden with people are for the swamp as usual. And as for the claims that Trump pardon criminals, let us put that record straight. Those people were prosecuted ONLY because they supported Trump. McCain, Hillary, and Biden all took money from foreign governments, and never is anyone prosecuted. They were all political prosecutions under selective prosecution which is part of the entire corruption game.
The Republican Party will not “split” apart like the Democrats. The factions are just black and white as opposed to the multicolored Democrats of many factions. But the populist element which once supported the Republicans will move to a new 3rd Party. In this, we will see even conservative Democrats join its ranks. What both parties forget is that “populism” is We the People – not the aristocratic political class.
QUESTION: You are not optimistic that Pence will defend Trump and the country?
DK
ANSWER: No. Pence was a member of Congress. Trump’s fatal flaw was that he accepted people from the establishment because he was told they knew all the details as to how the government ran. Every single one stabbed Trump in the back. I do not expect Pence will defend the country. I hope I am wrong.
We are now dealing with Facebook is deliberately interfering in elections. They shut down the page for Republicans raising money in Georgia 2 days before the election claiming they violated their community guidelines. I am sorry, but Zuckerberg should be dragged out in chains. He is now violating everyone’s civil rights in the nation. They wanted to start a war by claiming Russia interfered in the US elections and Congress demanded sanctions. Facebook is acting far worse than the Russians were ever accused of.
We need a special prosecutor to be appointed right NOW to criminally charge those in BigTech deliberately trying to manipulate the election. These dropouts obviously view that the US Constitution violates its community guidelines. Enough is enough! They should now be locked up.
We have issued a special report on the Sovereign Debt Crisis and why we even have this Great Reset and where we are headed. This report provides also a historical review of previous sovereign debt defaults and what was the outcome. Some people try to claims that this is the precursor to revolution. That only reveals that they are engaging in sophistry for that is by no means the routine outcome. There have been serial defaults by many nations even in Europe such as Spain and Greece. The Roman Empire never had a national debt. So those claiming the debt default produces revolution is just not true. Historically, there were no pension funds and rarely were there social programs before the Great Depression. We have to set the record straight in order to truly understand what lies ahead.
Republican Senators Mitt Romney (see here) Utah, Lisa Murkowski (see here) Alaska, and Pat Toomey (see here) Pennsylvania, have officially pledged their support for fraud in the 2020 election.
Each of the senators essentially affirms their justification of fraud by saying the constitution outlines a process to accept fraud that must not be challenged.
Hopefully Pennsylvania, Alaska and Utah can assemble primary challengers to these senators before their next election cycle.
Moments ago President Trump and Dan Scavino confirmed the specific location in DC with a video from TrumpMarch.Com – The January 6th rally in Washington DC is shaping up to be the largest ever assembly in Washington DC history. Millions are inbound. From what can be ascertained from social media and grassroots communication to CTH, the scale is growing exponentially now; and with it some warnings and insider tips.
Here is the video shared by President Trump and Dan Scavino:
The video confirms what we anticipated before. The primary venue for assembly and speaker content will be focused on The Elipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall; however the recommendation is now to arrive before 9am on the date of the event. [See Map Below]
President Trump has confirmed that he will be participating at the massive event. Additionally, for those traveling to Washington DC for the rally on January 6th, here’s some insider advice and helpful tips from a person who lives in the area – SEE HERE –
Also an additional warning. Be prepared for the DC metro to be SHUT DOWN as part of a crowd control strategy. If as many people arrive as we are currently anticipating to see, literally in the millions, you could/should expect DC Mayor Bowser to order the DC metro rail system to shut down. It would be prudent to plan for this.
If you are incapable of walking multiple miles into DC; and you anticipate the shortage of cab transport; one possible workaround might be to plan on taking Amtrak into Union Station. Unfortunately, January 6th attendees must think of themselves as insurgent supporters arriving against the interests of the administrative state. Have a primary, secondary and back-up plan thought-out in advance; and make your travel into DC early.
As noted below The Elipse is mid-way (aligned with the Washington Monument) North of the National Mall. The area in-around the Capitol building might not be open due to pre-inauguration event construction. So it is best to be fluid with your plans.
John Spiropoulos is somewhere en route at the moment. We know he is on the road conducting interviews with people heading to the event. John was traveling from California to DC via Arizona, New Mexico, Texas, Oklahoma, Arkansas, Tennessee and Virginia. CTH will resume sharing videos of John’s travels as soon as he files a report.
You can support John at his GoFundMe-Here, as well as GiveSendGo-Here Also any CTH member who would like the opportunity to meet up with John for his video segments can contact him via his email address: Spirovideo@aol.com
From the TIPS – “Do not plan on having cell service. During the last 2 events, there were so many people there, I was unable to send any outgoing messages. Plan accordingly by having meetup times & locations with your group if you get separated.” (LINK) Plan for food and drinks and plan to be self sufficient.
There are plans at most State Capitals for events in support of the DC rally. There is also a plan being developed for a national event to show support coast to coast at a specific time during the event. More details on how you can support that effort in the near future.
In the first comments since the growing coalition of electoral challenges have been raised, Vice-President Mike Pence’s chief of staff, Marc Short, released a statement:
WASHINGTON – […] “Vice President Pence shares the concerns of millions of Americans about voter fraud and irregularities in the last election,” Marc Short, Pence’s chief of staff said in a statement to The Hill.
“The Vice President welcomes the efforts of members of the House and Senate to use the authority they have under the law to raise objections and bring forward evidence before the Congress and the American people on January 6th,” the statement continued. (read more)
Scoop: The @JoeBiden inaugural parade has been cancelled.
I have created this site to help people have fun in the kitchen. I write about enjoying life both in and out of my kitchen. Life is short! Make the most of it and enjoy!
This is a library of News Events not reported by the Main Stream Media documenting & connecting the dots on How the Obama Marxist Liberal agenda is destroying America
Centinel2012 