The Guarantee Clause, The Electoral Count Act of 1887, The DNI Ratcliffe Report on Foreign Interference and VP Mike Pence


Posted originally on The Conservative tree house on December 28, 2020 by Sundance

Amid our national discussion and evidence of wide-spread mail-in ballot vote fraud; and considering the January 6th role of the Senate to certify the 2020 presidential election; and considering a report from Director of National Intelligence, John Ratcliffe, is forthcoming with previous assertions of “foreign interference”; and considering five states are sending dual sets of electors; there has been some discussion about “The Guarantee Clause” within the constitution and how it might uniquely apply to 2020.

Here’s the discussion as best I can explain it:

[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 (still unknown); and VP Mike Pence then deciding which electors would be certified or nullified (long-shot); but that seems to be the argument some are making.

I wonder why DNI John Ratcliffe is 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 appear to be surfacing.  Remember, we all want the best outcome for our nation and nerves are frayed…. let us be kind to each-other in fellowship.

“One nation, under GOD“…

.

Riding Off into the sunset


RePosted from GrrrGraphics.com DEC 27, 2020 AT 11:27 AM High Noon

I was very disappointed when Jeff Sessions recused himself, so naturally I was happy when Bill Barr replaced him as Attorney General.  John Durham was then appointed as special counsel. I expected to see some long-awaited justice meted out against those who attempted a coup against our lawfully-elected president.

I even penned a cartoon showing “Bull Durham” collaring all the evil-doers and they were all lined up and hanging on his long horns of justice.

It never happened. Barr and Durham cornered a low-level FBI man for doctoring an email. That was it. Brennan, Comey, Hillary, Obama, Clapper, Schiff, and many others skated. We now know that Barr was most likely protecting his Deep State colleagues. After all, he was a Bush man and a member of the Swamp. He underlined that fact when he refused to go after Hunter Biden. He knew about the laptop well in advance of the election. He did nothing.

Many of us were expecting a ‘High Noon” showdown. We instead got a letdown. Barr did not take action. Instead, he dragged his feet and ran out the clock before riding out early into the sunset.

What a sorry show.

—Ben Garrison

The Battle of Athens: Fighting Voter & Election Fraud


Re-Posted from the Canada Free Press By News on the Net —— Bio and ArchivesDecember 27, 2020

The Battle of Athens was an armed rebellion led by WWII veterans and citizens in Athens and Etowah, Tennessee, United States, against the tyrannical local government in August 1946.

There is nothing new about corruption in the Government!

COVID from a reader


Armstrong Economics Blog/Disease Re-Posted Dec 28, 2020 by Martin Armstrong

COMMENT: Marty.

You are correct. People are afraid of others. They think they will die!
I have covid now. Positive on monday. Only mild cold symptoms: stuff nose, no taste or smell for 3 days. No fever, no chills, no body aches, no headache, no lung issues. I’m sure i’m nearly over it and can function easily. My taste and smell are almost back 100%. We live in a very different world now. very sad what they have done to people

DF

REPLY: Yes, my neighbors had it and she was pregnant. They were over it and walking the beach as normal. My cousin which was a front-line nurse got it. She too got over it with no issues. Others I have know got it has been the same outcome. The interview I did in Canada when the death toll from COVID was said to be almost 11,000 with more than 10,700 deaths in nursing homes, left the total death toll in Canada to be only 165 people. In Thailand, out of a population of 69 million, the death toll was 53.

This clearly seems to be politically intended to scare people to create political change. It will be interesting to see if a real account of history ever emerges.

Breaking the Bonds of Civilization


Armstrong Economics Blog/Civilization Re-Posted Dec 28, 2020 by Martin Armstrong

COMMENT: A real story in reference to masks and psychological damage.
My wife and I moved to a small town 140 miles west of Richmond, VA one year ago. Your real estate model, the changes in attitude in larger cities, and the allure of the mountains all were incorporated into the decision.
When you move to a new home, one thing you will need is light bulbs. So one Sunday after church, I went to a local big box, home improvement store to make my purchase. Finding the 40 feet section of light bulbs was easy to find since they were near the front door. Making the proper decision was not simple due to types, fittings, and various wattages. During my decision making, eleven individuals or couples passed my position. 9 of the 11 said, “Excuse me, pardon me, or gave a greeting.” I wasn’t in Richmond anymore. I was proud to be in a new area with a cordial population.
Now, 11 months later I find myself back at the home improvement store making purchases for a kitchen project. While I don’t have to linger in the light bulb area, I do have to travel to the store for various hardware items and wood. The friendly greetings or an inner aisle “excuse me” have become infrequent. Eye contact is almost rare. My new, small-town has changed immensely.
I could continue with thoughts on this issue or experiences with neighbors, but my main point has been made.
I am sure this isn’t just happening here and it will take a while to repair not only the economic damage but also the psychological damage too.
Best Regards,
SS

REPLY: So far here in Florida people seem to be still cordial, but we have concerts and we were allowed to even hold our World Economic Conference here which I doubt would have been allowed in any other state other than perhaps Texas. I think this is the difference. The masks and lockdowns are breaking the bonds of society. Civilization is formed by people coming together to work together which produces a synergy whereby the sum of the individuals is greater than remaining alone. This is what is being destroyed.

I have gotten emails from students who say they cannot learn remotely – it’s not the same. Others were in culinary school which cannot possibly be conducted remotely. So many other fields require group meetings. Other students were in fashion. They cannot put on a fashion show. Others were in school to become professional photographers. The same is taking place.

As a trader, there was always an indescribable bond that takes place in a trading room. Splitting people up and working from home also breaks that bond. I have friends who are investment bankers who worked in New York. One moved to Tampa because they no longer return to their offices.

The very core of civilization is the end of individualism/tribalism. As people came together, civilization was born. Courts were an integral part for they were there to resolve disputes in a “civilized” manner. The US Supreme Court acted totally illegally claiming discretion not to take the Texas case. They have condemned society to violence for without courts to rule impartially, civilization CANNOT exit. You will have the anti-Trump people claiming there was no evidence and the pro-Trump angry because the court refused to even listen to any evidence. Hence, they have defeated the very underlying principle of civilization. There is no longer a reason to even have the United States for it has been reduced to one group trying to oppress another.

This is what is being torn apart and I am not so sure this Triumvirate understands this goes way beyond any possibility of returning to normal. They have defeated the evil enemy Trump, the will his occupy Capitol Hill, they have become the enemy. The more they fragment society, the greater the violence with one group against another. This is how the financial capital of the world will migrate to China who will defeat these egotistical totalitarians.

President Trump Confirms Support for January 6th MAGA Assembly in Washington DC


Posted originally on The Conservative tree House on December 27, 2020 by Sundance

President Trump tweets his support for American voters to travel to Washington DC to have their voices heard on January 6th, the same date the Senate is scheduled to certify the results of a fraudulent election result.  [Unofficial Information – Not From POTUS]

President Trump notes more information on the DC event will be forthcoming…

There are voices of patriotic Americans asking what could be achieved against the weight of the  administrative state and corrupt Washington DC system standing in opposition to free and fair elections.  The goal here is to mobilize the largest gathering in Washington DC in the history of political protest.  If not now, then when?  If not to fight for free/fair elections, then what other worthy cause holds the more righteous effort?

Perhaps the established classes will ignore… Perhaps the greater cause for our constitutional republic cannot be saved… But if we do not try then it most certainly will not be saved.  A poignant reminder from Lulu:

“And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family?

Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?…

[…]  If…if… We didn’t love freedom enough. And even more – we had no awareness of the real situation…. We purely and simply deserved everything that happened afterward.”

― Aleksandr I. Solzhenitsyn , The Gulag Archipelago

The silent majority has watched as lesser numbered activist and agitating groups have rioted, burned and destroyed cities within multiple states…  This peaceful assembly, if significant enough in scale, should strike fear into the hearts of those within DC who defend their interests against the interests of the larger American electorate.

The MAGA coalition is the most diverse, widest and deepest part of the entire American electorate. President Trump’s army consists of every creed, color, race, gender, ethnicity and orientation. It is a truly color-blind coalition of middle America patriots and middle-class voters that cuts through the political special interest groups.

Fellowship is critical to defeating those who rely on our division.  Certainly there are many people -with life matters at their forefront- who will not be able to attend; however, if we can assemble three-percent of those who support President Trump, will will overwhelm every DC venue and hold the largest gathering in history in our nation’s history.

This DC event date of 1/6/21 falls on the day after the January 5th special election in Georgia.  President Trump will be traveling to Georgia on January 4th to support that election effort.  Despite the duplicitous action by the GOP in the senate, perhaps if Georgia can rally to the MAGA standard and push-back against the leftist advance, we will find at least one brave senator who will defy the machine and object to the certification of a fraudulent 2020 election.

Our dear friend of the Treehouse, John Spiropoulos, will be traveling to DC and will file ground reports along the way.  Spiropoulos does outstanding video work and will have a support unit to assist him on the ground on January 6th.

John is departing from California on Tuesday:

“My route will take us through Flagstaff, AZ; Albuquerque,NM; Amarillo, TX; Oklahoma City, OK; Little Rock, AR; Nashville, TN and Blacksburg, VA. And, of course, I’ll be at the rally in DC.

Will be happy to interview any Treepers along the way. And I’ll be sending you reports as soon as possible.

I’m doing the road shoots myself. But I’ve hired one of my long-time cameramen to shoot at the rally in Washington. Better situational awareness and it’s too massive a crowd for my wife and I to navigate on our own.”…

Spiropoulos will monitor the comment section below and will tag people along the route who wish to participate.  We will update this 1/6 event as the days get closer and we get more information from the Trump team.

The “Stop the Steal” group is meeting as outlined in the map below.  That group has no connection to CTH and we are sharing this information caveat emptor:

After Promises from House and Senate, President Trump Signs COVID-19 Relief and Omnibus Spending Bill


Posted on December 27, 2020 by Sundance

Sunday night President Trump signs HR 133 the $900 billion COVID-19 relief bill and Omnibus spending bill to fund government through September 2021.

According to released press reports, President Trump is signing the bill with rescission requests demanding that portions of the bill be struck from final implementation by the Senate. The President is redlining the bill and providing line-by-line instructions to congress on the provisions within the bill that need to be modified and removed.

The signing of the bill carries a statement from President Trump: ““As President, I have told Congress that I want far less wasteful spending and more money going to the American people in the form of $2,000 checks per adult and $600 per child.”

The statement continues: “The senate will start the process for a vote that will increase checks to $2,000, repeals Section 230, and starts and investigation into voter fraud.”

Will the House and Senate support the rescission requests? 

You decide….

The bill, containing all the pork, already carried a large veto-proof majority by those in the House and Senate who loaded it up with their special interest spending.  I doubt a veto-proof bill will be modified by congress.

However, that veto-proof majority also made any veto effort by President Trump moot… so, considering the structure, the best he could do would be to take the rescission route and make the request.

UNITE, Now is The Time – If Not Now, When?


Posted originally on The Conservative Tree house on December 27, 2020 by Sundance

Now is the time to unite, resist and push back against the unilateral decrees of local and state officials who have weaponized COVID compliance to destroy our nation.  An impassioned plea directly into the heart of patriots from coast to coast.  ENOUGH!

If not now, WHEN?…

If WE THE PEOPLE demand freedom and stand together the control authority is useless.

Those who construct the systems of control need to weaponize fear. Fear of arrest; fear of losing a business; fear of losing liberty or financial security. Local, regional and state officials rely on fear. As soon as the people are no longer fearful, the control ends.

The overwhelming majority of dictates around COVID-19 mitigation are not laws. There was no debate; no input from representative government; and no option for the public to weigh-in on the decisions.  It is time we hold them to account….

Throw aside the sense of discomfort and bear witness to the evil we oppose. Do not turn your eyes from the hatred focused in our direction. Stand firm amid the solace of our number and resolve to the task at hand…. It is time to disobey !

California Bar Owner Reaches Desperation Point – Blocks COVID Health Dept Enforcer, Confronts Police


Posted from The Conservative tree House on December 27, 2020 by Sundance

(H/T Todd Starnes) Carlos Roman is the owner of a Bread & Barley restaurant in Covina, California, who reached his breaking point with health inspectors and COVID compliance officers when a public health dept. official ordered his restaurant to shut down.

[Facebook Video Here – Article HERE and HERE]

Mr. Roman decided if he was going to lose everything; if his employees were going to lose their livelihoods; if the system was going to destroy them under the weight of unilateral decrees and fiats; then he was going to block the health inspector from doing his job.

The police were called-in to deal with Carlos Roman’s act of defiance.  The situation within the video speaks for itself.  People are getting desperate… Acts of resistance are spreading. American workers and Main Street are being destroyed… Meanwhile congress wants to send hundreds of millions of taxpayer funds to foreign shores.  Think about it.

Many people talk of a foreboding sense. A sense that something is very close to erupting on the surface. I believe, and have said for months, the final eruption will come as a result of overreach by control authority in reference to COVID dictates. We are close.

The power of government comes from the people; or as we say in the U.S. “from the consent of the governed.”  When the people lead, the politicians are forced to follow.

Without implied consent the municipal or state government has no power.  None.

As a result, the nonsense ends when the majority of We The People no longer give our consent.  How do We The People retract our consent? We simply refuse to comply.

When the majority of people simply refuse to comply with unilateral dictates, and laugh in the faces of those who attempt to enforce them, the government no longer has power.

If one person refuses to comply, the government or control authority can, and likely will, intervene. However, if tens of thousands rebuke these unconstitutional decrees, there isn’t a damn thing govt can  do to stop it… and they know it.  A non-compliant snowball becomes an unstoppable freedom avalanche.

Local, regional and state officials know they can control the behavior of an individual. If one barber shop opens, the owner becomes a target. However, those officials also know they cannot control the behavior of the majority. If every barber shop and beauty salon in town opens… there is absolutely nothing the government can do about it.

If one restaurant and/or bar opens, the state can target the owner. But if every bar and restaurant in town opens; and if everyone ignores and dispatches the silly dictates of the local, regional or state officials; there isn’t a damned thing they can do about it.

The power of the local, regional or state authority comes from the expressed consent of the people. As soon as the majority of people in that municipality deny that consent, those officials and state authoritarians lose all of their power.

Yes, it really is that simple.

They want you to think otherwise, but it is not true.  If WE THE PEOPLE demand freedom and stand together the control authority is useless.

Those who construct the systems of control need to weaponize fear.  Fear of arrest; fear of losing a business; fear of losing liberty or financial security.  Local, regional and state officials rely on fear.  As soon as the people are no longer fearful, the control ends.

The overwhelming majority of dictates around COVID-19 mitigation are not laws. There was no debate; no input from representative government; and no option for the public to weigh-in on the decisions.

All unilateral rules are arbitrary, and despite many proclamations to the contrary, they rely upon voluntary compliance.  As soon as citizens no longer voluntarily comply, the term of the rules has expired.  If masks are so effective then why didn’t government give masks to prisoners, instead of releasing the inmates?

Liberty is inherent.

The removal of liberty requires consent.

..”If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.”..

~Sam Adams

Remember, and think carefully about it.

Amid these challenging times fellowship and a spirit of community within the common sense rebel alliance is critical. Make sure you do not allow people to think they are ‘on their own’…. There are more of us than them.

PRESIDENT TRUMP IS THE HERO OF 2020


President Trump stands alone

Re-Posted from the Canada Free Press By Jeff Crouere —— Bio and ArchivesDecember 26, 2020

Last week, we asked the listeners of the Ringside Politics program to nominate their “Heroes” and “Zeroes” of 2020. This is an annual exercise that always elicits excellent nominations. This year was no exception as 2020 has been eventful, disturbing, and extremely challenging. Everyone is eagerly anticipating the arrival of 2021 and the hope of better times ahead.

Over the past year, a multitude of people distinguished themselves as “Zeroes,” but very few took the type of courageous action necessary to be identified as “Heroes.” In this extremely elite group, one person stood alone, President Donald Trump, so it is only right that he received the overwhelming majority of votes from our audience.

The President was attacked not only by the media, but also by every conceivable element of the Deep State

While our listeners appreciated his leadership, President Trump was denounced and maligned by powerful forces throughout the year. The mainstream media continued to treat him as an enemy and coverage of the President was almost uniformly harsh and negative.

The President was attacked not only by the media, but also by every conceivable element of the Deep State. After facing a three-year, phony, Russian collusion investigation, the President was subjected to an impeachment hoax. This outrage was engineered by a leaker, who was politically motivated to create a firestorm that eventually resulted in the President’s impeachment.

Thankfully, the President was acquitted, but the whole episode was a needless distraction and another way for the Deep State to attack the Trump agenda. It was inflicted on the President despite a “perfect” phone call to the Ukrainian President.

Of course, there should have been an investigation related to Ukraine, but it should have revolved around former Vice President Joe Biden’s threats to withhold U.S. loan guarantees until the prosecutor investigating his son was fired. Fortunately for Biden, powerful Democrats are immune to prosecution from a Department of Justice that has been used to target President Trump and his allies.

Once the President survived impeachment, he was immediately thrust into the Covid-19 pandemic. Displaying extraordinary leadership, he created the Coronavirus Task Force and spearheaded the effort resulting in the manufacturing of tremendous supplies of personal protective equipment for healthcare workers and ventilators for patients in serious condition.

The President also negotiated four peace deals with Israel and former enemies in the Arab world

His “Operation Warp Speed” has been universally credited, even by Biden, for the creation of several vaccines that were approved for widespread use in record time. This will possibly save millions of lives; however, the President receives mostly condemnation from the media and his innumerable political enemies for his handling of the pandemic.

Due to Trump’s leadership, our economy came roaring back from the depths of the Covid-19 recession by Election Day and the American people rewarded the President with over 74 million votes. It broke the record for most votes for a sitting President and was 11 million more votes than he received in 2016.

Clearly, he won the election, but it was stolen from him by corrupt Democrats in a variety of swing states. As the President fights this electoral fraud, the base of the Republican Party is solidly behind his efforts. Not surprisingly, the power structure in D.C. is opposing him at every turn. His legal challenges have been dismissed at every level of the judiciary, including the Supreme Court. He is also not receiving much support in Congress and practically none in the U.S. Senate.

Sadly, this is nothing new for the President. He withstood opposition in Congress to support the Keystone pipeline and our oil and gas industry, which resulted in our country becoming energy independent for the first time in decades. With no help from Congress, the President secured funding to build a 450-mile wall on the southern border.

President Trump wants peace through strength

The President also negotiated four peace deals with Israel and former enemies in the Arab world, as well as a historic agreement between Kosovo and Serbia. For his remarkable accomplishments, the President received four Nobel Peace Prize nominations. 

While he destroyed the ISIS caliphate and ordered military operations that killed several terrorist leaders, the President wants to bring our troops home and end the endless wars. This “America First” platform fulfills his campaign promise, but it has generated tremendous opposition among the military industrial complex and the political establishment of both parties.

While the powerful insiders in Washington D.C. want war, President Trump wants peace through strength. He has rebuilt our military because he does not want to use it unnecessarily in far flung places around the globe.

Only President Trump could have accomplished what he did in 2020, the finest year of his remarkable term. No other President has faced as many enemies as Donald Trump as he received constant attacks from the Democrats, the Deep State, and foreign leaders, even from many that are supposedly U.S. “allies.”

His veto of the defense bill and his stated opposition to the horrible coronavirus relief package show the American people his commitment to his promises

What is truly remarkable is that the President was regularly criticized and opposed by congressional Republicans, even though he is tremendously popular with the rank-and-file membership of the GOP. Too many Republican leaders have lost their connection with their constituents and are beholden to the Washington D.C. bureaucracy and powerful special interest groups. The President is a threat to the D.C. establishment and the tenured class in the Beltway hate Donald Trump for what he has done to challenge their power.

As usual, the President and his 74+ million deplorables are together, while the swamp is firmly against them. If he does not succeed in his electoral challenges and must leave office, he should exit in a blaze of glory. 

His veto of the defense bill and his stated opposition to the horrible coronavirus relief package show the American people his commitment to his promises. The President wants the American people to receive relief, but Congress wants to cram the bill with unacceptable pork and give crumbs to the suffering pandemic victims. 

No other President would have stood up for the American people and taken on Congress and the Deep State. As usual, President Trump stands alone, which is why he has earned our Ringside Politics Hero of the Year award.