A solid majority of Americans know that the 2020 election was fraudulent. That’s a big problem for a country with a representative government, one in which the leaders are supposed to represent the will of the people. We’re a nation of laws ostensibly flowing from a Constitution that sets out explicit limitations on the federal government’s powers and protects a variety of citizens’ rights upon which said government cannot infringe. To the degree that a significant majority of citizens feel that the leader of this government was not constitutionally elected, that’s a problem.
For all its importance, our Constitution is nothing more than a piece of paper. It doesn’t make laws. It doesn’t have an army. It’s not the police. It’s just words on paper. It functions because Americans have confidence in its words as the foundation for the laws of our country and the guideposts governing the actions of those who actually control the army and the police and write the laws.
When that confidence is shaken, society’s foundation is shaken.
While the fraudulent election of 2020 is not the first example of that shaken
confidence in government, it’s easily the most important. From the economic
upheavals wrought by the Industrial Revolution to widespread hopelessness during
the Depression to the perceived fecklessness during the Vietnam War and
economic malaise of the 60s and 70s, confidence in government has been shaken
before but never before has the government’s legitimacy been in widespread
doubt.
That changed with the 2020 election. Americans watched as the
fraud played out in real-time, right in front of them. With violent riots in
the streets that went unrestrained in the months leading up to the election,
with courts inexplicably ignoring countless unconstitutional changes to voting
laws, and with the media and social media censoring true stories that harmed
Democrat chances, it started to seem as if the scales were tipped to one side.
On election night and during the following weeks it became clear that this was
indeed the case.
When almost 60% of the American people feel as if the man who is
both the leader of the country and the head of the federal government is
illegitimate, what are they supposed to do?
There’s nothing to be done we’re told… Not true. The
election can be overturned. Not that I imagine there’s sufficient internal
fortitude among Republicans to do so but, ideally, they should make the
attempt. But how?
The Constitution doesn’t address anything remotely close to
reversing a fraudulently achieved election. That’s true, but then it also says
nothing about the right to abortion, the government providing welfare payments
to citizens (or non-citizens), government control of healthcare, the imposition
of CAFÉ standards, or collective bargaining rules. Indeed, there is much that
goes on in government that is not in the Constitution. In 1803, Thomas
Jefferson worried that the Constitution did not give him the power to make the
Louisiana Purchase, but today all or part of 15 states exist because of it.
Like John Marshall’s judicial review doctrine, which you won’t
find anywhere in the Constitution, things don’t exist until they do. In this
case, in states where fraud is proven or where voting laws were enacted
unconstitutionally, the legislatures should withdraw their Electoral College
votes and recast them based on accurate and lawful counting of the votes.
It’s true there’s no existing Constitutional mechanism to
facilitate that remedy, and the likelihood of a Democrat-controlled Congress
doing anything to further it is less likely than a healthy college student
dying of COVID, but that doesn’t mean it shouldn’t be done. It should, and it
should be driven by those states where fraud so clearly occurred and tipped the
election; essentially ground zero for the coup: Georgia, Arizona, Wisconsin,
Michigan, and Pennsylvania, all five of which have nominally GOP legislatures.
Many will say that this is extra-constitutional, and that may
indeed be true. But what is beyond debate is the fact that the 2020 election
itself was extra-constitutional. The Constitution states that elections are to
be run according to rules set by state legislatures. That didn’t happen across
the country.
If one is going to have an election run beyond the explicit
parameters of the Constitution, I’d prefer to have it hew as close as possible
to what the document actually says, rather than what some hack Secretaries of
State or uber partisan jurists say that it is. Our Founding Fathers gave the
power to craft election rules to state legislatures and that is where it should
reside.
Now, assuming that the legislatures of these five states—and
others as they choose—take seriously their duty to address the fraud of the
2020 election, Congress will have a decision to make. Congress can either
engage with the states to address the issue or simply ignore them. Currently,
there is zero chance of action, but after the 2022 midterms Congress will
likely look different and the opportunity to address the issue can be
revisited.
This may sound like spinning wheels, but it’s not. On the
contrary, affirmatively excising the demons of the 2020 election should force
all politicians or candidates to make their positions known. They either admit
that the 2020 election was fraudulent and are willing to do something about it
or they don’t, won’t, and should be primaried if GOP or defeated if Democrat.
There can be no in between. If the flaws of 2020 are not admitted and
addressed, then 2024 is gone before the campaign even begins, and almost every
American understands that.
Why this matters is simple: The nation is changing, rapidly and
not in a good or constitutional way. From vaccine mandates to CRT seemingly
everywhere to locales providing COVID medicines based on race to transgender
men competing in women’s sports to mayors and governors essentially giving
their communities over to the homeless and violent criminals, America in 2022
is not one someone from even a decade ago would recognize. It’s changing,
rapidly, and in most cases against the wishes of large majorities of the
American population.
Importantly, though, we’re not a democracy, and the Constitution
is built to rein in the passions of the majorities. It’s not a suicide pact.
American citizens with confidence in their election system are willing to wait
for the next election cycle to direct a change of course. Those same citizens,
however, if they feel that the system is fraudulent and if they know the game
is rigged against them, will find alternative means to stop the evisceration of
the nation so many of them cherish. When the majority—and a growing majority,
at that—of a population believe their leaders are illegitimate, bad things tend
to happen.
Illegitimate regimes can stay in power for decades, but only with
an army of stormtroopers and Gestapo to suppress a cowed population. The United
States is not Germany in the early 1930s nor China today and Americans are not
yet cowed. Indeed, they have 1st Amendment, a 2nd
Amendment and a 250-year-old legacy of freedom most are wont to give up. This
Democrat fascism will eventually come to an end. The question is how. The ideal
solution is to be found at a ballot box, with all Americans confident their
votes will be counted fairly. Let’s hope our leaders can find the courage to
lead us down that path.