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Alice B Toklas's avatar

It’s fucking stupid. Fuck that and fuck him.

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Jack Jordan's avatar

Trump and the sycophants supporting him are what 5 U.S.C. 3331 emphasizes that every public servant must "support and defend support and defend the Constitution of the United States against," i.e., our Constitution's "enemies, foreign and domestic." Six SCOTUS justices in Trump v. United States violated our Constitution to help Trump violate our Constitution.

"We the People of the United States" created our Constitution and constituted federal government to "establish Justice" and "provide for [our] common defence, promote [our] general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity." We all need to act accordingly.

We need to set aside mere partisan politics and other petty differences and unite to save our nation from someone who threatens us all. We would do well to emulate Thomas Jefferson, who declared in 1801 "every difference of opinion is not a difference of principle. We have called by different names brethren of the same principle. We are all Republicans, we are all Federalists." (https://constitutioncenter.org/the-constitution/historic-document-library/detail/thomas-jefferson-first-inaugural-address-1801).

We are all Americans, and our Constitution was written and ratified to protect us from tyrants like Trump. As James Madison (echoing Montesquieu), fairly famously highlighted in The Federalist No. 47, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many” is “the very definition of tyranny.”

Madison (quoting Montesquieu) emphasized, “There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates,” or, “if the power of judging be not separated from the legislative and executive powers.” "[T]here can be no liberty, because" the "same [executive] or [legislature] should enact tyrannical laws to execute them in a tyrannical manner.” Where “the power of judging” is “joined with the legislative, the life and liberty of the [people] would be exposed to arbitrary control, for the judge would then be the legislator.” Where the power to judge is “joined to the executive power, the judge might behave with all the violence of an oppressor.”

As a result, Madison emphasized that “the preservation of liberty requires that the three great departments of power should be separate and distinct.” The Framers devoted considerable effort to limiting and separating powers. That is exactly why every state and federal Constitution separates powers among three distinct co-equal branches. Again and again in the past two months, Trump has usurped the powers of legislators, judges, juries and even the sovereign people, themselves (in the First Amendment). Now, Trump is openly plotting to usurp the power of states (regarding the election of the president and vice president).

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Jack Jordan's avatar

Professor Ayres may have suggested the most ill-considered idea in America since six SCOTUS justices (in Trump v. U.S.) cooked up the scheme to lie about our Constitution (somehow) vesting power in the president to engage in abuses and usurpations of power that Congress (and a prior president) made criminal. If we're learning nothing else right now, we should be learning that Americans should do nothing that might further increase the power (or the dangerous lawlessness) of anyone who can get elected by anyone. We should be working on unifying Republicans and Democrats to impeach and remove Trump for high crimes and misdemeanors. Trump may be the most dangerous RINO in the world right now.

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