Fourteenth Amendment Versus the Twelfth Amendment

As stated in my previous article, the Fourteenth Amendment to the Constitution is being used, in an attempt to stop Trump from being sworn in as President, on January 20, of this year. In particular, Section 3 of that Amendment is being cited. 

That begs the question: Why is the Twelfth Amendment not being used? In contrast to Section 3 of the ‘’Fourteenth’’, which is open to interpretation, the ‘’Twelfth’’ leaves no room for any misunderstanding. I have chosen to copy it here:

‘’Twelfth Amendment to the Constitution

‘’The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;

‘’The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;

‘’The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

‘’The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.’’

In a previous article, I have documented the fact that the ‘’Twelfth’’ lays out the procedure to be followed, in all federal elections. Of course, that procedure is not being followed, which means that those federal elections are fraudulent. Perhaps a brief summary of that article is in order:  

There is no ‘’Presidential Election’’, so that the ‘’November Vote’’ has no legal standing; American citizens have no voice in the Federal Election; There is no ‘’Running Mate’’; There is no ‘’President Elect’’; There is no mention of any political party; It is the duty of the Electors vote for the individual of their choice, for both the offices of President and Vice President; These Electors are appointed by the states only; The states have no right to meddle in a Federal Election; All state laws which require an Elector to vote for the candidates of a particular political party, are Unconstitutional.

It may be objected, that this is hardly ‘’democratic’’. To this, I can only respond that you are mistaken. Contrary to popular belief, democracy is not ‘’majority rule’’. It is a method of class rule! Under the American democratic republic, it is the method by which the ruling class of multi billionaire capitalists, technically referred to as the bourgeoisie, have chosen to conduct their rule. 

At least, that was their method of class rule! But then, shortly after the Civil War of 1861-1865, they decided to change their method of rule. This involved setting up a ‘’Two Party System’’, in which the American citizens are allowed to choose between the candidates, of one of those Parties, for federal office. The fact that this violates their own laws, is of absolutely no concern to the capitalists!

Indeed, this ‘’Two Party System’’ has served them well, for a century and a half. They are loathe to part with it!

This brings us to the current ‘’fly in the ointment’’, that of ‘’President Elect’’ Donald Trump. His latest ‘’ravings’’, has raised concerns, within even the most die hard supporters of the capitalists. While much of his babbling is incoherent -What do windmills have to do with whales?- that which can be comprehended, can best be politely described as insane. These include going to war with the country of Panama, in order to seize control of the Panama Canal; Going to war with Denmark, an American ally, a member of NATO, in order to take control of Greenland; Annexing Canada, as the ‘’Fifty First State’’, while appointing Prime Minister Trudeau as the ‘’Governor’’. 

In an attempt to stop the ‘’Coronation’’ of Trump, as President -for life?- many members of the ‘’Opposition’’, have chosen to pursue the ‘’legal avenue’’ of Section 3 of the ‘’Fourteenth’’, which is somewhat ambiguous. As opposed to the ‘’Twelfth’’, which leaves no room for any misunderstanding! 

There is a reason for this. They are trying to ‘’play it safe’’. They are attempting to stop Trump, while at the same time, trying not to antagonize the ruling class of monopoly capitalists, the multi billionaires. That is the reason they are not using the ‘’Twelfth’’!

From their viewpoint, the use of the ‘’Twelfth’’ is the military equivalent of the ‘’nuclear option’’! To be used only as an absolute last resort! Reality check! This is time for the ‘’last resort’’! The ‘’nuclear option’’!

If the 2024 ‘’Presidential Election’’ of Trump was to be challenged, on the basis of the ‘’Twelfth’’, it is very likely that the Supreme Court would be forced to rule that it was indeed fraudulent. They would certainly be hard pressed to ‘’pass the buck’’, as they did on the challenge based on Section 3 of the  ‘’Fourteenth’’. Then again, it is possible that they would ‘’rise to the occasion’’, and once again, find some way to weasel out of performing their duty! 

But assuming the ‘’worst case scenario’’- from the view point of the capitalists!-, and the Supreme Court was to rule that the 2024 ‘’Presidential Election’’ was indeed fraudulent, then it follows that all Presidential Elections, since the days of the Civil War, have been fraudulent! That is not what the multi billionaires want to hear! 

Further assuming that all state laws, which require the Electors to vote for the candidates of one of the two mainstream political parties, were to be struck down as Unconstitutional, which is very likely, then that would mean the end of the ‘’Two Party System’’. The monopoly capitalists would then be forced to change their method of rule! The last thing they want to do!

As a result of this, the more progressive members of the middle class, are attempting to ‘’walk a fine line’’. Trying to stop the inauguration of Trump, without antagonizing the multi billionaires. That is the reason they are going with Section 3 of the ‘’Fourteenth’’, rather than with the ‘’Twelfth’’!

This attempt to ‘’play it safe’’, will very likely come to naught. The Supreme Court has just ‘’passed the buck’’ to Congress, and those elected officials know how to stall. Besides, the Congress is controlled by the Republicans.

Incidentally as I write this, within the city of Los Angeles, numerous fires are raging, out of control. Absolute infernos. There is little the fire fighters can do. Whole communities are going up in flames. 

The response of Donald Trump? He sees this as an ‘’opportunity’’, a chance to score some political points. He is blaming this on the governor of California!

I mention this in order to drive home the point that Trump is a menace, completely self centred, focused only on himself. Completely indifferent to the suffering of others. He must be stopped.

Now is not the time for diplomacy! ‘’Half measures’’ get us nowhere! The democratic republic must be defended! Now is the time to hit Trump, and the monopoly capitalists who defend him, with everything in our arsenal! That includes the Twelfth Amendment!

May I suggest, to my progressive middle class comrades, that you unite and challenge the election of Trump, in the courts, on the grounds that it violated the Constitution, for the previously mentioned reasons. 

As for those who are reluctant to ‘’take such a plunge’’, may I suggest that you have nothing to lose. The multi billionaires have already determined to wipe out your class, the middle class, as well as the democratic republic. You have no future under capitalism. 

By contrast, you have a bright future under Scientific Socialism. After the revolution, after the existing state apparatus is destroyed, and replaced with a different state apparatus, in the form of the Dictatorship of the Proletariat, your skills will be required. A new society will have to be created, and that calls for highly trained professionals. You will be rewarded accordingly. 

Now is not the time to be shy! There is no need to wait for the  ‘’axe to fall’’! Feel free to ‘’go on the offensive’’! Encourage your friends, especially those who are attorneys, experts on Constitutional law, to challenge this election, in a court of law. Join the various organizations, which are fighting for their democratic rights. Become a member of a Council, and train people, in preparation for the approaching Insurrection. 

If nothing else, at the time of the Insurrection, you will not be a target of the Revolution. The same cannot be said of those who ‘’straddle the fence’’, attempting to ‘’remain neutral’’. As we live in a class society, neutrality is not an option! Either you are with the revolutionary proletariat, or you are with the bourgeoisie! There is no middle ground! Choose wisely!

Time is not on our side. One way or another, with or without Trump as President, the multi billionaires seem determined to force a showdown. This is almost certain to provoke an Insurrection. The success -or failure!- if that Insurrection, depends largely upon the actions we take now. The better prepared we are, the better the chances of success. 

A Revolution is similar to a force of nature, a hurricane. It does not wait for people to be prepared. It just happens. The best thing we can do, is prepare. 

With that in mind, may I suggest that all of our correspondence contain the following slogans:

Prepare For Insurrection!

Prepare For Dictatorship of the Proletariat!

Prepare for Revolution!