Friday, December 16, 2016


Dahlia Lithwick of Slate and law Professor David S Cohen from Drexel University in The New York Times:
There's no shortage of legal theories that could challenge Mr. Trump'a anointment, but they come from outsiders rather than the Democratic Party. Impassioned citizens have been pleading with electors to vote against Mr. Trump; law professors have argued that winner-take-all laws for electoral votes are unconstitutional; small group of Hamilton Electors is attempting to free electors to vote their consciences; and a new theory has arisen that there is legal precedent for courts to give the election to Mrs. Clinton based on Russian interference, All of these efforts, along with grass-roots protests, boycotts and petitions, have been happening without the Democratic Party. The most we've seen is a response to the C.I.A revelations, but only with Republicans onboard to give Democrats bipartisan cover.
Clinton won nearly 3 million more votes than Trump. Trump won by 1% in Pennsylvania, but he received all 20 electoral votes, which disenfranchises the people who voted for her in the state and in all the other winner-take-all states. Why not support the Hamilton electors in the Electoral College in doing the job as described in The Federalist Papers #68? Why have the Electoral College at all if it's never to be used for it's proper purpose?
It was desirable that the sense of the people should operate in the choice of the person to whom so important a trust was to be confided. This end will be answered by committing the right of making it, not to any preestablished body, but to men chosen by the people for the special purpose, and at the particular conjuncture.

It was also peculiarly desirable to afford as little opportunity as possible to tumult and disorder. This evil was not least to be dreaded in the election of a magistrate, who was to have so important an agency in the administration of the government as the President of the United States. But the precautions which have been so happily concerted in the system under consideration, promise an effectual security against this mischief.
Tumult, disorder, and mischief abound in Trump's leadership and in his team. Democrats generally fight fairer according to Marquess of Queensbury-like rules and traditions, and Republicans take off the gloves and fight unbound by tradition and unwritten rules, which makes the fight assymmetrical, leaving Democrats at a disadvantage. As witness, during the writers' joint appearance on Chris Hayes' All In, Lithwick notes the 300 days the nomination of Merrick Garland languished in the Senate with no forward movement. Sorry, I can't get the embed link for the video to work, but you can try this link and look for the title Should Democrats act more like Republicans?.

If electors choose not to vote for Trump and write in another name besides besides Clinton, and no candidate receives the required 270 votes, the decision would go to the House of Representative. Of course, the majority will vote for Trump, but then the responsibility for the Trump presidency and its consequences will rest entirely in the hands of Republicans.

My post is not about laying blame for what's past, but rather about what Democrats do now. The electoral vote is on Monday, November 19, so there's very little time. Is there a way to stop the Putin-Trump co-presidency of the world?


JCF said...

"The electoral vote is on Monday, November 19, so there's very little time."

December 19.

" Is there a way to stop the Putin-Trump co-presidency of the world?"

Probably not before Drumpf is sworn in. But giving Drumpf the "death of 1000 cuts" IS under-way. I don't think Drumpf will get anything approaching the pass that Dubya did, ever...

June Butler said...

JCF, you're probably right, but the GOP will seize the opportunity to all but destroy social safety net programs, and Trump dare not cross them with a veto, because he walks a fine line with a number of members of his own party.

Even as the media is fixated on Trump's latest outrage, we must not allow ourselves to be distracted from the mischief the GOP will make in Congress.

JCF said...

Democracy is definitely on trial here. North Carolina has already been ruled "Not a Democracy" by social scientists, and the U.S. is headed in the same direction. Drumpf&Rethugs don't have anything approaching a majority for their agenda, but that probably won't stop them. Will the will of the voters be able to? Will a non-Rethug majority be ALLOWED to? Stay tuned (if Drumpf doesn't blow the world up first!)

June Butler said...

I'm sad to say I agree. Trump is "unpresidented", as he would say. How I wish he could be unpresidented.