Could Congress members, federal and state judges, state legislators, governors and prosecutors restore the American Constitutional republic?
Yes. But they've failed to take the necessary steps for a long time, and they need well-informed, strong popular support to start walking that path now.
I field a lot of emails and comments, paraphrased as:
How can unconstitutional executive abuses of power happen in a Constitutional republic?
They’re illegal! They’re unlawful!
They’re treasonous! They’re crimes!
Why can’t the bioterrorism program be stopped through Congress repealing the bad laws? Or by withholding funding through its budget power and debt-ceiling control and other financial mechanisms?
Why can’t it be stopped in the courts? Why don’t people just file some lawsuits?
It’s oxymoronic to say that unconstitutional things can happen in a Constitutional republic!
Stop saying these terrible things!!!
Longtime readers will know (I mention it for new readers) that since I wandered into these dark caves of American legal history almost a year ago — I’ve found it extraordinarily difficult to express the paradoxes living in here.
I have yet to find a quick, clean way to convey the distinction between
Federal, state and local government-run slavery and killing programs that are actually, observably being funded by Congress, implemented by Presidents and Cabinet agencies, including the US military, left undisturbed by courts, and cooperated-with by most of the population, in the real world we’ve lived in since January 2020 and
What things would be like if those government agents and acts were bound by constitutional limits, and pushed back within those legitimate, moral limits.
It’s the difference between de facto and de jure.
De facto is what happens and is enforced or not stopped in fact and in practice.
De jure is what is right by law, just and proper in moral terms, even if it’s not occurring in fact because the men, women and institutions empowered to protect and defend those lawful principles and practices have been incapacitated, bound up or induced into a moral and legal coma.
Living, breathing tyrants are currently, observably, effectively using power they do not rightfully have, because no one is stopping them.
The coma has been induced by men and women engaged in evil, not to give the American Constitutional republic patient’s body politic rest and time to heal, but to prevent the People who live under that social covenant, from thwarting the aims of those evil tyrants.
Two more paradoxical aspects of the current situation, the status quo:
For many decades, almost all of the American lawmakers whose duty it is to be careful about only adopting constitutionally-sound laws and blocking bad laws from passage, failed to fulfill those legal and moral obligations, at the federal and state levels.
Worse, almost all of them cast votes to actively pass bad laws that de facto transferred massive amounts of illegitimate pseudo-power into the hands of the President and Cabinet secretaries. Many of them have been returned to office repeatedly. None of them, as of today, have made moves to publicly call out the stealth coup d’etat that’s occurred, and repeal the very bad laws that made the coup possible at all.
Almost all of the jurists whose job it is to interpret laws, nullify bad ones, and restore justice during circumstances in which real world actors are violating legal and moral boundaries, have themselves been AWOL. They’ve dismissed thousands of cases whose full development would have provided openings for judicial checks on tyrannical power.
Even worse, some judges have made precedential decisions purporting (unjustly and immorally) to pseudo-uphold unconstitutional laws and executive acts.
The corrective mechanisms built into the Constitution by Divine inspiration given to the Founding Fathers — the checks and balances — are broken.
And they’ve been broken for a really long time.
Despite the past record of failure and the structural barriers to success, I have consistently encouraged everyone who wants to file anything, with any federal or state court or legislative body, to do so. I still do.
The aggregate of all that litigation and petitioning is part of what will push the judges and legislators — who have been deferring to the unconstitutional pseudo-authority wielded by the executive branch for a very long time — to stop deferring to the illegitimate executive usurpation, and join Team People and Team Constitutional-republic.
Why does it continue, and what can be done to change things?
Congress and Courts Past (think Charles Dickens and Scrooge) were comprised of at least two sorts of people.
Some have been men and women who didn’t understand how broken their institutions had become and how much their own contemporary actions were contributing to the broken state of affairs and helping the tyrants induce the coma into which the American Constitutional republic has fallen.
Others knew how broken the institutions were, but willed the destruction to happen and to expand in scope. Some of them benefited financially or socially from their own incapacitation; they aggregated wealth and long political careers.
Others have been — and still are — true believers in the merits of slavery and mass murder under the more palatable programmatic label of population control to ease burdens on planetary resources. Think Henry Kissinger and Bill Gates.
For those who are all-in on the criminal project, it doesn’t matter how much information or popular support the People provide them. They won’t find the will or the path to fight back. They’re not looking.
But for those who are merely ignorant (because kept so by the tyrants) or who understand the predicament but lack personal courage and strong wills, information and popular support from the People are extremely useful.
A new Congress has just been seated: Congress Present. State and federal judges continue to handle civil litigation and criminal prosecution in courthouses all over the country. New state legislators are working in the statehouses. Attorneys general and district attorneys exist.
If some of those men and women stand up, speak out and stop deferring to tyrants, huge chunks of the open-air prison walls will fall down.
Keep pushing, People.