Constitutional Crisis

It is to the credit of a considerable number of bourgeois scholars, that they are deeply concerned with the American democratic republic. They are convinced that President Donald Trump and Elon Musk, are determined to overthrow that republic, and establish a dictatorship, possibly even a state of fascism. Which is precisely what they are attempting, as they are following the directions contained in Project 2025. It may help to think of this as the American version of Mien Kampf.

As not all readers are Rhodes Scholars, for the benefit of those who may not be aware, I should mention that there are three branches of the American government. These consist of the legislative, judicial and executive, as per the Constitution. The intent, of the Founding Fathers, was to ensure that no individual or group will have too much power. 

Each branch has the authority to respond to the actions of the other two. This is referred to as the ‘’system of checks and balances’’. 

The legislative branch is essentially made up of Congress, which is the Senate and House of Representatives. They make the laws, can confirm or reject presidential nominations for federal agencies, federal judges and the Supreme Court. As well, only the Senate has the authority to declare war, while the House of Representatives controls the money. 

For example, the president, as head of the executive branch, can veto legislation created by Congress, although the Congress can also override that veto. Congress can also confirm or reject the nominees of the president. That same Congress can also remove a president from office, although this has never happened. At least, not yet!

The judicial branch is mainly composed of courts, headed by the Supreme Court. The justices of that Supreme Court, nominated by the president and confirmed by the Senate, have the authority to strike down any laws which they consider to be Unconstitutional. 

Since the creation of the country, this system has worked reasonably well.  Not any more! The multi billionaires, monopoly capitalists, imperialists, the class of people technically referred to as the bourgeoisie, currently referred to as the ‘’Oligarchy’’, can no longer rule in the ‘’old way’’. They have decided to change their method of rule! That is where Donald Trump and Elon Musk come into play. And make no mistake, they must be stopped!

There are a number of videos available on the internet, concerning that subject. In my opinion, one of the finest is titled, ‘’Judge slaps Trump with brutal criminal warning’’. 

In this video, the narrator does a fine job of documenting the fact that ‘’the whole point of signing a whole mountain of ridiculous, disruptive and illegal executive orders, on day one, was not only to create chaos, but (also) a confrontation with the judiciary’’. 

Remarkably enough, this is very likely the case! Bear in mind that only a madman would deliberately challenge the judiciary! A judge, especially a federal judge, has tremendous power! That power has been given to them, by the Founding Fathers, in the Constitution. To challenge a federal judge, is to challenge the Constitution! Trump is placing himself above the Constitution! The law does not apply to him! He thinks that he can do anything he wants!

According to a legal expert, this challenge, to the judicial system, is ‘’maybe the most critical of our lifetime…our democracy depends upon the courts being able to enforce and interpret the law…Vice President Vance says that ‘judicial orders need not be followed’…there is no more control or restraint around the executive…no guard rails…three branches of government turned into one’’.

The narrator refers to this as ‘’full blown fascism’’, and ‘’must be taken seriously’’. 

Yet it is also a fact that the courts are taking action. In fact, a separate legal expert is of the opinion that the federal court will ‘’move to criminal contempt…they are going to rule against the administration in that case, and the Supreme Court is going to back them up’’. We can only hope that is true!

The narrator went on to state that a federal judge, in the state of Rhode Island, has ruled that the Trump administration has defied his ruling, and his order.

Apparently, this has attracted the attention of one of the most highly respected news papers in the country, the New York Times. According to the narrator, he quotes the NYT as saying, ‘’ (Judge) McConnell said the White House has defied his order to release billions of dollars in federal grants, marking the first time a judge has expressly declared that the Trump White House was disobeying a judicial mandate. …The ruling by Judge John J. McConnell Jr in Rhode Island federal court ordered Trump administration officials to comply with what he called the ‘plain text’ of an edict he issued on January 29’’.

The narrator considers this to be the ‘’initial step to define contempt’’. This was followed by a further statement, by the judge: ‘’Persons who make private determinations of the law and refuse to obey an order generally risk criminal contempt, even if the order is ultimately ruled incorrect’’.

This brings us to the ‘’interesting’’ question, posed by the narrator,  as to whether ‘’the US Marshalls will follow through on a court order? This is where the real test of our democracy will come to a head. Our courts lack the legal means of enforcement. They rely on the US Marshalls service, to carry out the will of the court. And guess which branch the US Marshalls service is in? Yes, the executive. That would be the very branch that Trump is purging and replacing with loyalists. Democracy will hang in the balance of that decision’’.

The narrator could have added that, in order to make the transition, from a democracy to a dictatorship, all officials must first take a different oath, from that of perhaps ‘’preserving, protecting and defending the Constitution’’, to that of loyalty to an individual, perhaps Donald Trump. 

As that is the case, we certainly have cause for concern, especially as he has been busy purging various government agencies, including the Marshalls service. Dedicated, patriotic, hard working Americans are being replaced, with those who are completely MAGA, loyal to Trump, above all else. Or so the Project 2025 people believe!

In my opinion, Trump and Musk have ‘’bitten off more than they can chew’’! I personally know a great many Americans, and rest assured, have deep differences with most of them. Not too surprising. Yet I would never accuse any of them of being traitors, people who would betray their country, break their oath of allegiance. I suspect that is true of the most die hard fans of Trump. 

I am sure that, if a member of the Marshalls service was ordered, by the courts, to arrest a member of the Trump administration, even Donald Trump himself, then that arrest would take place. 

No doubt, a great many readers may wonder why a Scientific Socialist, a Communist, would be so concerned with a democratic republic. Because, according to Lenin, ‘’The democratic republic is the best form of the state, under capitalism. But we have no right to forget that wage slavery is the lot of the people, even in the most democratic bourgeois republic’’. 

As that is the case, it is up to all Scientific Socialists, as well as all Independent Socialists, to unite with all those who are determined to preserve the democratic republic. That includes those who are the most avid supporters of capitalism. 

As the federal courts are already taking an interest, preparing to charge members of the Trump administration- perhaps even Trump himself!- with ‘’criminal contempt’’, then may I suggest that we ‘’add to his burden’’. More charges! It is the least we can do!

Of course, I am referring to the Twelfth Amendment to the Constitution. That outlines the procedure to be followed in all federal elections! As that procedure was not followed, in the ‘’2024 presidential election’’, then it follows that Trump is a fraudulent President, and Vance is a fraudulent Vice President.

I am sure that all bourgeois intellectuals, with a democratic sense, can agree to work with us, on this one particular goal. That is so much better than fascism. 

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!