QUESTION: Thank you so much for your in-depth analysis on the legal front. With your latest post, I assume that our vote may not count in the end. Congress will refuse to certify a Trump victory, calling him an insurrectionist because the Supreme Court held that only Congress can pass legislation to address that disqualification. That means that there would have to be turmoil for if Congress all flipped to the Democrats, they would have to pass legislation and then the president has to sign it. But they would take office the same day Trump does. Do you have any thoughts on this? I see the Constitutional Crisis you referred to.
I’m glad you did not become a lawyer. You help a lot more people this way.
Cheers.
SF
ANSWER: It would have been nice if the Supreme Court ruled on the insurrection allegation. But if Colorado, Maine, Illinois, and any other Marxist state usurped jurisdiction they did not have, that ended the inquiry. If you read Justice Amy Coney Barrett’s separate opinion, she points out the problem with the Democratic-appointed Justices. True, they had to agree that Colorado had no jurisdiction even to decide the case, much less charge him. The majority wrote:
“We conclude that States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency.”
This was correct, or a single state could interfere in a federal election that would violate the civil rights of everyone else in the country. There was absolutely nothing in the Constitution that delegated to the States any power to enforce Section 3 of the 14th Amendment against federal officeholders and candidates. The three Democrat-appointed justices—Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson- wrote that the majority went too far. What Justice Barrett points out is that their rhetoric was inflammatory.
The Democratic dissenters are a forewarning of the Constitutional Crisis to come. They said the ruling “shuts the door on other potential means of federal enforcement” and that “we cannot join an opinion that decides momentous and difficult issues unnecessarily.” They even added, “Although we agree that Colorado cannot enforce Section 3, we protest the majority’s effort to use this case to define the limits of federal enforcement of that provision.”
The dissenters are arguing that Section 3 is self-executing, in which case the Democrats will rally to their words and REFUSE to certify a Trump victory. The majority said Congress must pass legislation. So the Constitutional Crisis will erupt when the Democrats refuse to certify Trump leaving Biden in office, and then the whole thing goes back to the courts.
Justice Barret saw this crisis unfolding. She wrote: “In my judgment, this is not the time to amplify disagreement with stridency,” she said, adding that “particularly in this circumstance, writings on the Court should turn the national temperature down, not up.” She also issued a warning. “For present purposes, our differences are far less important than our unanimity: All nine Justices agree on the outcome of this case. That is the message Americans should take home,” she wrote, referring to the dissenting minority.”
So many markets are starting to show Panic Cycles between September and November. This Constitutional Crisis will come in January 2025 over the certification of the vote. The country is so divided, and the Democrats have expended all their energy on hating Trump. This hatred is not so unlike the period encompassing the Social War of Rome, about 40 years before Caesar was forced to cross the Rubicon. When the Marius faction seized control, they simply executed all the supporters of their opposition – Sulla. The hatred of Trump is so intense it is reminiscent of the Social War period. Will the Democrats eventually do the same and just execute all Republicans on Capitol Hill?
Today, the Democrats will reject the vote no matter what. They will claim that the 14th Amendment is self-executing and refuse to certify Trump without passing any legislation. They will point to the language of these three Democrats on the Court. That means the entire decision if January 6th was an insurrection or not will become the turning point.
When I look at the long-term timing arrays, we have back-to-back Yearly Directional Changes 2024/2025. If the Democrats pull that trick, they will clearly destroy the confidence in the United States, the rule of law, and the foundation of everything. Even when we turn to the US government’s 30-year bonds, 2024 is a Directional Change. Everything is poised for a major Constitutional Crisis, pretty much like Rome.
