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Saving American Democracy
Is Xi Jinping right - Democracy does not work???
American Democracy has major design problems that lend well to insurrections inside government. Section 3 of the 14th amendment is self executing and still - and always will be in play. The Supreme Court does not have power nor jurisdiction over it or to change it. Trump is disqualified and we shall see how courts being cowardly stick their heads in the sand to avoid it. See https://gov-shout.com/Remove_Trump and https://gov-shout.com/Republicans_are_American_Russians
Here is the problem https://www.youtube.com/watch?v=i_OB8ggfznA and why not to believe polls and part of the solution at https://www.youtube.com/watch?v=3SqAacCXy9E but voting alone is not enough, a vehicle to remove people from office, known as Quo Warranto is needed. That costs money and sophisticated organization.
Here is the ugly reality that racists, fascists, and Un-American people who think skin color defines patriotism currently led by Donald John Trump, and while he will not succeed in returning to the Presidency, he has ballooned and exposed a radical poison lurking in America. It is time for enough and to use 18 USC 2383 and 2384. See https://www.youtube.com/watch?v=24htq0_4klg and https://www.youtube.com/watch?v=HR6oqdFRvxQ and therefore it is time to stop talking and take action.
An American is defined in the Preamble of the United States Constitution . If you cannot think and behave that way, you are not an "American", you are "un-American. It is that simple, but more so if you have taken an oath to the Constitution in any position or office under law, you can be prosecuted, sued, and removed from your position by Quo Warranto. No it is done often enough so here we are.
Justice Stephen Breyer would catagorize this reading as a "pragmatism approach" and in such an instance decisions like Dobbs, and Trump v Anderson 23-719 would not have resulted in reversals because the Preamble describes the "rule of law" goes through "justice", " domestic tranquility" and forms "a more perfect union". The reason is "liberty and justice for all" as this is why there is a separation of church and state because no matter one's personal beliefs, they have no business in the personal affects of another. If you do not like abortion for your personal reasons or religion, it still is not your business. Life begins when an offspring breaths air. Until that time, many things could go wrong before it takes it's first breath of air. Up to that time modern medicine can intrude into "establish viability" and still be wrong. Viability also has to do with after care and accidents have happened called crib death usually, and all of that is a personal matter, not a legal one even if the woman does want the infant. That still remains in our constitution at the Preamble in domestic tranquility no one's business but the person carrying the fetus. Like it or not it is no one's business but the female carrying the temporary parasite. Stephen Breyer gives an excellent interview with Kristen Welker March 31, 2024 at https://www.youtube.com/watch?v=WZdcEAzh6O0
The preamble sets the stage for the Constitution (Archives.gov). It clearly communicates the intentions of the framers and the purpose of the document. The preamble is an introduction to the highest law of the land; it is not the law. It does not define government powers or individual rights.
Establish Justice is the first of five objectives outlined in the 52-word paragraph that the Framers drafted in six weeks during the hot Philadelphia summer of 1787. They found a way to agree on the following basic principles:
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
Thus," laws against the person" are unconstitutional whereas laws as to society are not. For instance one cannot general walk about unclothed showing genitalia, in public, whereas in many areas of private gathers it is not unlawful. A "law against the person" is one applicable against an individual be it in public or private, such as the "colored" drinking fountain laws, and later abortion and bodily autonomy restrictive laws. A law cannot apply in abstract on an no-actualized event such as child support for an unborn child and give it a think, how an embryo is a citizen before breathing air born in a certain land. That would mean a non citizen who becomes impregnated in America and returns to South America is giving birth to an American citizen. It becomes apparent absurdity of many of these laws against the person. What about the person who is impregnated in a free abortion state like California who is forcibly taken to a penal abortion state kidnapped outside an abortion clinic waiting for her appointment. This is why the Dobbs decision was unconstitutional as well as plain stupid given its infringement on the person without reasons of harm upon the public society. But because the Preamble is often thought of as not having legal effect, the truth is that the Preamble IS THE ENTIRE Constitution in a nutshell, with articles of operation that follow. Attorneys need to be sent to courts to shame and remind these judges where their power of the people's business begins and ends.
December 19, 2023 the Colorado Supreme barred Trump from the ballot. The 208 page ruling is here Anyone could use this as Judicial Notice in Requests to bar Trump from there ballots OR take it to a Federal Court in Federal election mandamus. In reality the SCOTUS has no jurisdiction here by Section 3 of the 14th Amendment and we will need to see if they honor the final sentence of Section 3 of the 14th Amendment says and cast it to Congress where it belongs by the Constitution itself, so by the US Constitution the Colorado Supreme Court ruling is final
American Democracy is a Republic of Representatives and not a Direct Democracy. To make things worse the Electoral college is absolutely the worst creation of a government. We MUST convert the Electoral college to the National Popular Vote manner of choosing electors and then create a national verified electronic instantaneous polling system to directly direct representatives to listen to the will of their constituents with a IMEI verification polling voting system that uses billing information to direct the issue to the proper representative be it state or federal. And yes such a system is possible and does exist.. Then we need to Amend the Constitution so age limits cap at 65 ( or state by state via state Constitution initiatives on the ballot where allowed by law ) and members of the executive and legislative branches must have law degrees and licenses to practice to hold a seat or office. This will put a more sane caliber of person in Congress and the Whitehouse.
Worse, there really isn't a Democracy - as Bush v Gore [531 U.S. 98 (2000)] here reminds us " The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the electoral college. U. S. Const., Art. II, § 1. This is the source for the statement in McPherson v. Blacker, 146 U. S. 1, 35 (1892), that the state legislature's power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by state legislatures in several States for many years after the framing of our Constitution. Id., at 28-33. History has now favored the voter, and in each of the several States the citizens themselves vote for Presidential electors. When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter. The State, of course, after granting the franchise in the special context of Article II, can take back the power to appoint electors "" See e. g. https://www.youtube.com/watch?v=-Lg3R-TtW0U&t=3120s
The founding fathers saw the day when a Donald John Trump would arrive. https://www.youtube.com/watch?v=KxaE4Bea_18&t=360s
But if voters change the State Constitution to manner of choosing the electors to the National Popular Vote, the State cannot take it away like they could with the legislation path the National Popular Vote Effort Compact uses.
In short ALSO states could change their Constitutions and election laws to prohibit candidates over 61 and who are not Lawyers licensed to practice for federal and even state offices. The people could do this by ballot and thus nationwide where persons cannot get on the ballot, it will end geriatrics in government.
Here is a fast talking female Lawyer that explains what is going on but offers no viable solution. https://www.youtube.com/watch?v=Sgn6ml1OeCk and https://www.youtube.com/watch?v=pu5cqoSbeJA
So what is wrong with the Republicans?? Well sadly they are best described as indoctrinated delusional. Everything about the Republicans of today is about beliefs, many call conspiracy theories and faith. It is all really best described here in a film called "The God Delusion" which is a factual documentary at https://www.youtube.com/watch?v=IzZh2wstj88 Nothing wrong with religion to teach morals, but mystery has no place in a government. Yet the gullible and dim witted flock together around someone who claims to be divine fighting a holy war. Mr Trump is trying to take on this air and some blindly follow him even to their demise and death even. Belief without fact is poison to the brain. If you are going to be "God Delusional" at least go to the likely true beginning according to ancient texts actually found on earth and geological proofs to accompany. See https://www.youtube.com/watch?v=ZsU_0Mfa5tM
Judge J. Michael Luttig in interview with PBS Frontline (2 hours 43 minutes describes the "failed leadership" to run to the courts for everything and the Independent Legislature Theory. https://www.youtube.com/watch?v=t9YrPe2Vr84&t=2040s June 2022
The Mueller, Trump Showdown FRONTLINE at https://www.youtube.com/watch?v=IsdbCjlZ5cQ - the Cirus lands in Washington DC - at least Nixon - but also a Lawyer - knew when to quit!!! Trump a non lawyer launches a triple down pack of pro se lies. Was this the moment rational Americans had seen enough???
Austrailia's 60 Minutes interviews Mary Trump July 2020 about her book on the family https://www.youtube.com/watch?v=guoiy0bZbT8
Here Ari Melber interviews the Author of "Sapiens" explaining the fiction of Religion so many people loose themselves in and therefore become A cult God delusional person. The link to the book is below. https://www.youtube.com/watch?v=nlni04mpDdg
Here is Palki Sharma the Internet-based Indian news anchor who covers much of everything in the world. On American religion and the 2024 election. https://www.youtube.com/watch?v=h5KOQSJCmG0&t=1926s
This how crazy it is on Thanksgiving 2023 https://www.youtube.com/watch?v=MQLDqyD6Ers
December 8, 2023 Joy Reid on authoritarianism. https://www.youtube.com/watch?v=TOsJxpChhMY
Governor Newsom goes over all the issues of how the Republicans are backwards dim wits. https://www.youtube.com/watch?v=vRmoiKvKcc8
Attorney Marc Elias and Attorney Texas Congressional House Representative Jasmine Crockett on Saving Democracy and the Mike Johnson threat. https://www.youtube.com/watch?v=1H7tHu9TZUs&t=1295s
Isreal has a liar Trump like problem December 13, 2023 - Netanyahu has caused all of the Gaza - Isreal war. https://www.youtube.com/watch?v=xAfa_5zQKck Biden needs to halt Isreal support.
Here is the thing -it is unlawful as well as unethical to lie in political campaigns and in office.
It is a Federal Law our elected officials must take the Oath of Office. 5 U.S. Code § 3331 - Oath of office
The problem is there is nobody enforcing this Federal Law. Now if You or I lie to a federal agent 18 U.S.C. § 1001, you are facing five or eight years in federal prison, depending on specific facts of the offense The only way to enforce it against members of Congress is by Quo warranto actions.
Lies are not free speech when they cause actions by others that break the law. In general that is "public fraud" and it is actionable as fraud in a court of law as Trump is discovering in his New York state business fraud conviction.. Being a liar creates a teetering existence on disaster as George Santos discovered.
The US Supreme Court took up the issue of the" Stolen Valor Act" eventually gutting it. See https://www.npr.org/2012/02/22/147257716/is-a-lie-just-free-speech-or-is... and https://www.thefire.org/news/why-most-lies-are-protected-speech-and-why-...
But it remains unlawful for government officials and those seeking office to lie. See a law review article on the subject at https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1069&context=... and https://www.freedomforum.org/is-lying-protected-first-amendment/
The short answer is lies that cause others to act unlawfully or to their harm or detriment or unlawfully to your benefit are not protected by the 1st Amendment.
But recently the Colorado ruling states that free speech does not protect the speaker who influences or incites. Trump in his lies on January 6th.
Here is the truth - right now in late 2023 there is a chance to use Quo Warranto to Judicially remove the insurrectionists who are inside the government that follow the insurrectionist Trump. Those who rebelled against the Constitution of the United States.. They can be removed from the office they hold for giving aid and comfort thereto in violation of the 14th amendment at Section 3 by use of Quo Warranto.
To fix them:
FIRST get the National Popular Vote Effort Compact working and prohibit any state from passing laws to restrict voting rights and times or mail in voting. Brian Tyler Cohen and Marc Elias discuss here https://www.youtube.com/watch?v=DSOXJGs9ROk BUT they miss the Meat.
In this video below Lawrence Tribe is interviewed a few days after the Colorado filing. This is posted on October 30, 2023 the day the Colorado suit hearing / trial being held and he explains why Section 3 of the 14th amendment is self executing in that it was written at a time when the Judiciary and other branches were not trusted as being staffed with confederate and insurrectionist people. That is why the Congress retains jurisdiction over the matter in the final sentence.
SECOND get up under Section 3 of the 14th amendment and use Quo Warranto to Judicially remove the insurrectionists who are inside the government. A video on Florida law perspective. https://www.youtube.com/watch?v=AuWeukMCqY0. It works in DC Federal Court for Congressional members. The successful Griffin Quo Warranto complaint is here. The reason this is not being done is because Matt Graves the DC US Attorney who must bring the cases to remove in quo warranto is scared. He has been asked to formally having been served draft complaints to use. See https://www.politico.com/news/2023/10/20/jan-6-prosecutor-pervasive-thre...
THIRD use a verified National polling vote system to send government officials and Congress the preference of their constituents in real time verified one person one vote directives. This is something we are working on using cell phone service and billing address to get the poll to the right official.
FOURTH the US Constitution must be amended to
1. Require all legislative and executive officers of the United States to have Law Degrees and active licenses to practice law. This will improve the caliber of Congressional and Presidential persons. Currently in the 118 Congress, There are currently 61 US Senators with a law degree. 31 of these are Republicans. In the House of Representatives, there are 169 members with law degrees and 78 are Republicans. However the most vocal in charge do not. Mccarthy and Greene, and Boebert barely has a GED. At the very least have been a COMMISSIONED Officer in the military.
2. Mandatory retirement age of 65 for all branch members including the Courts. Both Biden and Trump are too old. https://www.youtube.com/watch?v=AJ-kVJfGGyM&t=1836s
3. Move to a National Popular Vote system for general elections. Require states to send electors that select the candidate who won the national popular vote
5 Require a mental competency and and oath of office to the Constitution BEFORE the candidate runs, which will stop seditious speech as part of campaigning.
6. It shall be unlawful for any person, citizen, candidate or official to to communicate an untruth of any king in the furtherance of any goal and if said goal is for any political position, as set forth in Section 3 of the 14th amendment, said act shall activate the bar to office of said 14th amendment.
FIFTH. Something must be done about the United Nations - especially if the United States is going to host it on its land. Re-charter it as the "Unified Nations" and eject China and Russia and bar all non democratic autocratic and dictatorial government s. Encourage a bar to business with them.
Get books for detailed informatikn - the audio version is a good deal if you get out before the trial period ends, and you can cross device record the book
SO... FIRST the National Popular Vote Effort Compact must be actualized. It will take Constitutional Amendment initiative ballots in Arizona, Ohio, Michigan, Ohio, Missouri and Florida to get it done. There are enough Democrat voters in those states to get it done. Someone in those states need to step up and file for petition to get it on the 2024 general election ballot. This when enacted automatically when enough states hit the 270 Electoral Votes states enacting this will end elections being stolen by the electoral college because the National Popular Vote will decide in the 270 states by counting all votes accross the nation to award their electors.
Here is Tara Setmayer and Rick Wilson of the Lincoln Project. https://www.youtube.com/watch?v=b05CRVhNHr0. Here is a few compilation of Republicans and Trump idiot speak. You just cannot find Democrats who publicize their idiocy like this. https://www.youtube.com/watch?v=GQfGSXGiJs0 and https://www.youtube.com/watch?v=fX2ik-pl5eY and Jamie Raskin speaks on how the Republicans have no clue. https://www.youtube.com/watch?v=tuCKUVSFuqs
The Trump is a buffoon collage video. https://www.youtube.com/watch?v=18Mf4qZ6tMM
The 2024 Presidential election could be the first to be decided by the National Popular Vote IF initiatives in Florida, Missouri and Ohio passes, and Michigan finishes their legisaltive process. It could be an interesting election night.
See Robert Reich explain why a National Popular Vote is needed to replace the by state winner take all Electoral College Selection at https://www.youtube.com/watch?v=Pn8rWMVGlfQ
For anyone interested in launching this as a Missouri voting citizen start here at https://ballotpedia.org/Laws_governing_the_initiative_process_in_Missour...
The suggested text for the amendment is as follows:
For Ohio go to https://ballotpedia.org/Laws_governing_the_initiative_process_in_Ohio#Ap... In Ohio a Constitutional amendment for abortion rights will be on the ballot in 2024.. See 12:50 into https://www.youtube.com/watch?v=a1bx5cxBl2w
For Florida go to https://ballotpedia.org/Laws_governing_the_initiative_process_in_Florida... and in Florida for the PAC registration part this organization may be able to help at https://bffcompliance.com/
Thus this is seeking to launch a parallel to the Floridians Protecting Freedom constitutional amendment effort but for the National Popular Vote. Currently a sponsor who is a registered Florida voter is needed. See for example https://initiativepetitions.elections.myflorida.com/InitiativeForms/Volunteer/DSDE155A_999_2307_EN.PDF One is needed for Ohio and Missouri also.
It is unknown how familiar you are with the https://nationalpopularvote.com effort to create a state Compact to use the National Popular Vote (NPV) in the stead of winner take all at a state level. This effort is within 50 electoral votes of activating once Michigan signs theirs into law.
This will be a tough go, but it is looking to be a two pronged amendment, First to eleiminate the the 60% super majority for amendments, and second to to allow a Voter Choice Ballot to allow the state electlectors be chosen by the National Popular vote of the Nation. In the 2020 Presidential election the separation was 371, 686 votes and yet the spread was 7 million votes nationwide. 7,059,526 to be exact. There is a point where continuing to count is unfair. Yet the electoral college in some heavy states cansway the outcome ridisulously.
This effort is a compatible hybrid spin to take the question directly to voters. Polls show there are enough non Republicans voters to get this over the line in each of the below states.
In 2023, Florida Representative Michael Gottleib introduced the National Popular Vote bill into the Florida House of Representatives (status of HB53). Senator Victor M. Torres, Jr. introduced the bill in the Senate (status of SB860). They have not progressed.
In Ohio In February 2019, Representatives David Leland, Kristin Boggs, Janine R. Boyd, Catherine D. Ingram, Mary Lightbody, Michael Skindell, and Kristin Boggs introduced the National Popular Vote bill (status of HB70). It is now a dead bill
In Missouri In January 2023, Missouri Representative Ian Mackey introduced the National Popular Vote bill in the Missouri House (status of HB829). Also, Representative Peter Meredith introduced the bill (status of HB997). They have not progressed.
That will leave Florida. Ohio and Missouri needing to be accomplished by constitutional amendment initiative as they are the only remaining states with enough electoral votes to get the compact over the hill to success that allow initiatives.
But those states have a ZERO chance of of getting it through the legislature and the governor signing it as a Republican state. The staffer at National Popular Vote seems a bit in the fog about this math that a legislatively enacted effort is now DOA.
The initiative effort would take the form of a voter choice ballot (VCB) you can see outlined at https://gov-shout.com/Trump_lost_2020_by_5_million_votes#NPV_VCB
The amendment would operate as a quadrannual VCB or a one time NPV change instead of state electors. That would be determined on election day 2024 if enough signatures can be gathered in time
florida has a super majority component of the initiative process that Florida law is unconstituional given a recent ruling of the US Supreme Court in blocking a constitutional amendment as to the NPV Compact. It appears the 60 percent super majority is lawful any longer given the US Supreme Court ruling in Chiafalo in 2020.
Further the case ruling unanimously on July 6, 2020 out of the US Supreme Court by Justice KAGAN ruled in CHIAFALO ET AL. v. WASHINGTON, locatable on the web as 19-465_i425.pdf specifically alludes to law says a legislature has no power to usurp the villl of the voters and nor does a governor or court. That also means no process can stop the voters and a simple majority is what is valid under US constitution.
Time is of the essence, so we need to move fast to get this moving immediately for the 2024 general election.