Please know that I write the following words to commemorate a date of utmost importance in our nation’s history. It is not my intention to persuade current politicians or activists to follow a specific strategy or platform, or to outline any particular path to saving this republic. I am a lover of horses, and therefore it would never be my intention to beat a dead one. However, as common wisdom teaches us, we can never hope to progress in the future unless we remember and learn the lessons of the past.
It is in this spirit, and in the spirit of George Washington’s farewell address, that I share these sentiments, from one American to all his countrymen, regardless of political party or affiliation.
On December 11, 1688, King James II of England, while fleeing England to escape to France, threw the Great Seal of the Kingdom into the River Thames. On December 11, 1936, Edward VIII’s abdication as King of the United Kingdom—that is, his choice to walk away from his solemn responsibilities to serve and rule his people—became vigor and became definitive.
On December 11, 2020, the Supreme Court of the United States, in a horrific act, symbolically threw the Great Seal of the United States into the Potomac River and abdicated its solemn responsibilities to judge whether our country followed its own laws, as clearly stated in the United States Constitution. December 11, 2020 followed the 79th anniversary of the attack on Pearl Harbor by just four days. And like President Roosevelt’s statement on December 7, 1941, the date of December 11, 2020, will go down in American history as a day of infamy. As Jewish families around the world lit their menorahs for Hanukkah and celebrated their rescue from the tyranny of lawlessness, the Supreme Court announced that it was siding with lawlessness and would not hear the state’s case of Texas v. Commonwealth of Pennsylvania, State of Georgia, State of Michigan, and State of Wisconsin.
The circumstances that led to the filing of this case are not complicated. They could easily be explained to an average 10-12 year old.
1. The Constitution of the United States is the basis for all other laws of the United States. Everything that happens in the US is governed by the US Constitution. It is the only law that prevails over all other laws in the US. The Constitution clearly establishes the rights and authority of the people of the United States and the various branches of their government. In other words, it tells us who has the authority and power to decide what happens in our country at the individual (or personal), state, and national level.
2. Article I, section 4 of the Constitution tells us who dictates the rules on national elections: “The times, places and manner of holding elections for senators and representatives shall be established in each State by its legislature . . . .” In other words, the Constitution gives authority over national elections to the legislatures of each of the states.
3. In the 2020 election, there were at least four states (Pennsylvania, Georgia, Michigan, and Wisconsin) in which the state executive (i.e., the governor or other executive officer) and/or the judiciary (i.e., the state). supreme court) changed the rules of election aside from the authority of the state legislature. These actions were in direct violation of the US Constitution, which grants such authority only to state legislatures.
4. The result of this constitutional violation was that the results of the 2020 national election were changed from what they would have been if US constitutional law had been followed.
5. The state of Texas, along with 17 other states and 126 members of the United States House of Representatives, called the four states that they had violated the Constitution and challenged their election results as illegal. They took their case to the US Supreme Court. That is, about 20% of the states and about 30% of the House of Representatives joined Texas and went to the Supreme Court to say that this was wrong, and that these four states broke the law federal and they changed the elections.
6. The US Constitution is very clear about the types of cases that the Supreme Court should decide. It begins by describing the types of cases in which the Supreme Court has “original jurisdiction.” These are the cases that can only be taken to the Supreme Court for decision. In Article III, Section 2 of the Constitution, it says that “The judicial power shall extend to all cases, in law and equity, arising out of this Constitution, the laws of the United States, and treaties made, or which shall ‘have to do, under their authority; . . . – to disputes between two or more States. . . .” The type of case brought by Texas, along with several other states and over a hundred members of Congress, was one in which the Supreme Court had original jurisdiction. That is, the Constitution tells us that this is the type of case that the Supreme Court was designed to hear, and also that there is no other court in the entire world that has the authority to hear and decide this type of case.
7. The Supreme Court refused to hear and judge this case. The most probable reason is that the nation was severely divided and in turmoil, and the Court was too timid, too reluctant to risk the consequences and do its rightful duty. The Constitution of the United States was clearly violated – any average high school student could see and understand that. The results of the national elections were affected by these violations. The Supreme Court was created and designed specifically 234 years ago to hear this type of case. In other words, this case fell squarely in the middle of the Supreme Court’s job description. It is an integral part of the Supreme Court’s purpose to hear and judge these types of cases.
And yet he said no. And because of that decision, nearly eighty million American patriots, lovers of their country and the Constitution that keeps it alive, were cut off from their government, rejected, disenfranchised, ignored, and unheard. The fact that they continue to feel this way shows no sign of letting up, especially after yet another Supreme Court decision to dismiss every other electoral concern, driving another nail into the coffin of electoral justice.
The 2020 election was not really like the others. Hundreds, thousands of everyday Americans risked their reputations and even their livelihoods to come forward and give signed statements, under threat of perjury, about the voter fraud they witnessed. They were universally harassed and intimidated and even threatened, sometimes by the very institutions that were supposed to listen and respond to their claims (like the FBI). At the same time, hundreds of data scientists and mathematicians, including more than 300 people who had previously worked for one of our national security agencies, came out publicly, in unison, and declared that the election results were statistically and scientifically impossible apart from widespread fraud. Mathematics is the language of science. Where were those who always say “follow the science”?
The 2020 election will be researched, discussed and contested and contested for years to come. Finally, someone might even figure out why there were over a hundred thousand more votes cast in Pennsylvania than voters who voted in Pennsylvania. We will most likely never know the full extent of the corruption and fraud that marred this historic event.
However, violations of the US Constitution by the states of Pennsylvania, Georgia, Michigan and Wisconsin are indisputable. These violations are a matter of public record. No fact-checker in the world can change the fact that the US executive branches and state courts usurped their state legislatures in these four states and, in doing so, violated the US Constitution, and that subsequently the results of the 2020 national elections were illegally altered.
And the Supreme Court of the United States refused to do what they were supposed to do, the very thing the Court was designed to do. It remains to be seen whether the Court will take up Moore v. Harper and ultimately uphold the Constitution’s clear statement of state legislatures’ supremacy over elections.
In the meantime, let’s remember that what happened on December 11th was the reason why a million Americans, in freezing weather, felt compelled to drive all the way to Washington, DC, to raise their voices with class in a peaceful protest on January 6, 2021. January 6th was the result of December 11th. Those millions of voices were representatives of more than half of the country who still – two years later – feel that these elections were corrupt and that the current ones cannot be trusted. We risk losing one of our most precious national commodities, hope, because we failed to manage people’s trust. It is a national disgrace that the highest court in the land refused to judge the law and the evidence. The January 6 protest by a million patriots was so powerful and profound that the federal government felt compelled to conduct its own elaborate psyop on Capitol Hill and persuade a small fraction of those protesters to misbehave. to distract attention from the truth. It’s no coincidence that Merriam-Webster’s preeminent word shepherds recently chose “gaslighting” as its word of the year.
And that is why December 11, 2020 will go down in American history as another day of infamy.