Alexander Hamilton’s Federalist No. 68, clearly instructed Electors what kind of President-elect should not be advanced to the Office of the President. The framers added the Electoral Process to protect the future of the Republic. And the Twitter warrior now in the oval office is exactly the type of person Hamilton warned Electors against.
Framers of our Republican form of government, in the aftermath of the Founders’ revolution, were poignantly aware of the dangers to their fledgling Republic, therefore were explicitly direct in their instructions to the Electoral College. Electors were presumed to be the Republic’s bastion of defense against the populace voting for a popular individual who would endanger the future of the Republic.
In The Federalist No. 68, Hamilton provided this mandate for the Electoral College: “Nothing was to be more desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one quarter, but chiefly in the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this than by raising a creature of their own to the chief magistracy of the Union?”
Hamilton in Fed No. 68 made it self-evident that a President-elect under the influence of a foreign hostile nation should never be confirmed by Electors. Hamilton wrote that Electors were supposed to be “men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice.”
In the aftermath of November 8th – before the Electoral College vote to confirm the Republican President-elect ticket – Electors were publicly and objectively informed of facts that should have precluded their affirmative vote for a man who openly asked Vladimir Putin to hack away. From the morning of November 9th, when the President-elect announced he won by three million votes, it should have been crystal clear to Electors that they had a duty to not advance Trump to the Presidency. It should have been clear that the Republican President-elect’s past was empirical prologue that confirmed Donald Trump had neither the character nor the competence required to perform the duties of a Present. It also was obvious that the President-Elect had a total inability to tell the truth as well as a sociopath’s lack of concern for victims.
The Electoral College Process and Republican Electors failed to act in the best interests of their country, failed to act in accordance with the Constitution and the Framers’ intent, and failed to put America before party. So now America is in a crisis of monumental proportions. The United States Supreme Court has the right and authority to correct this horrific fiasco.
17-857 – Search – Supreme Court of the United States:
It is self-evident that the United States of America, the globe’s role model for free and fair elections and Democracy, is in an unprecedented dire crisis with “Putin’s creature raised to the chief magistracy of the Union.”
This is exactly the kind of crisis Hamilton foresaw if Electors did not heed his words. What has happened is exactly the situation the Framers sought to avoid and ratifies their raison d’etre for the Electoral College and Electors. Notwithstanding the fact that this crisis would not have occurred if the Framers had relied on a simple majority vote of all citizens and then America would have had an extremely competent woman President.
However, now we are stuck with a surreal and dangerous crisis caused by Republican Electors having voted for a volatile, erratic and incompetent President-elect who was overtly complicit in encouraging a Russian cyberattack on his country’s free and fair elections. This bears emphasis: the influence of a Russian dictator on a President of the United States, supported by a cadre of compromised American collaborators, is a crisis of historically unprecedented magnitude. It is a crisis never before confronted by “we the people” or the United States Supreme Court.
Thomas Jefferson, one of the three Framers instrumental in putting the Electoral College in the Constitution, said: “the role of government is to protect the public good.”
The United States Supreme Court now remains the only one of the Framers’ checks left standing to defend the public good.
Madison stated that Article IV, § 4, serves to protect a state from “foreign hostility” and “ambitious or vindictive enterprises” on the part of other states or foreign nations. Additionally, Madison also saw the judicial branch as the appropriate branch to act in such a crisis: “In cases where it may be doubtful on which side justice lies, what better umpires could be desired by two violent factions, flying to arms and tearing a State to pieces, than the representatives of confederate States, not heated by the local flame? To the impartiality of judges, they would unite the affection of friends.”
It is not too late for the Electors to carry out what Hamilton wanted done; and not too late for the nine Justices to do what James Madison expected from the United States Supreme Court.
In Re Shane et al v. Trump, SCOTUS Docket 17-857, https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-857.html is an emergency original action that first asks the Court to appoint Robert Mueller as Special Master to protect his investigation under the aegis of the Court, which additionally gives Mueller powers not available to the current investigation. Secondly, this action requests that the Framers’ intent for the Electors be adhered to and asks the Court to vacate the Republican 11/8/16 Presidential-elect ticket, which the Electors unlawfully confirmed, and remove President Trump and Vice President Pence.
Americans must believe there is a legal path to stop the treachery supported by a Russian Dictator joined by a cabal of complicit Americans. Americans can express their support to the Court to hear this narrowly focused case because of the clear and present danger of this unlawfully elected President. The Roberts’ Court has been sensitive to public opinion in the past; Chief Justice Roberts pointed out public opinion supporting gay marriage was one of the reasons to have voted in the affirmative.
It would be wrong to assume that the nine Justices are not first and foremost American partisans in this particular matter. Richard Painter, George W. Bush’s Integrity Czar, has said: “there is no other word for what is happening other than Treason.”
All American citizens have an obligation and a duty to protect freedom. So many Americans have given their lives to preserve individual freedom. Free and fair elections are the lifeblood of freedom. If we allow the outcome of a Russian cyberwar invasion to remain, an invasion that was an “act of war” by “Russian cyber actors,” then we are not fighting back to preserve the freedom so many Americans have given their lives for. If we allow the unlawful vote of Electors to stand, Electors who were obligated and had a duty to protect our Republic from electing an individual who is exactly what Hamilton feared and warned against, we are not upholding the foundation of our Republic.
The United States Supreme Court has the right and authority to correct this horrific fiasco. The court can clarify the obligation and duty of the Electoral College to follow and adhere to the Constitution and stipulate that Electors must adhere to the Framers’ intent, and clarify that the role of Electors is a duty to protect America from confirming an individual exactly as described by Hamilton in Fed. No. 68. The role of Electors is not to preserve the power of a particular party – but to protect the public good when necessary. On November 8th, 2016, the role of Electors to protect the public good became vitally critical for the first time, and was ignored.
The relief sought in the emergency original Mandamus action on the Court’s docket now, is not available in any other court and is vitally necessary to protect the public good. The Court knows this is a matter of historically unprecedented magnitude, the Court knows there are no direct precedents and knows this is a nationwide U.S. Constitutional case of first impression. Only the United States Supreme Court has nationwide jurisdiction to determine the propriety of the last Electoral College Presidential vote.
The Court is in recess until Feb. 16th, go to the SCOTUS blog and under comments, ask the Court to accept this case to save America from the Russian intrusion and a severely compromised President. And go to this link to the docket, scroll down and click on “petition” to read the original emergency action.
Our Republic’s democracy is in dire jeopardy. America is enmeshed in the danger of an unhinged paranoid sociopath at the helm of ship America. The U.S. Supreme Court must now have the courage to step up to the line to right this ship.