Error Theory

The second half of the plan: a winning 8-part defense for President Trump to present to SCOTUS 

1. Presidential authority  

According to Article IV section 4, the guarantee “that each state of the union shall have a republican form of government” is to be enforced by “The United States,” which means first of all the three branches of the federal government, including the executive branch. 

Past Court rulings hold that interpretation and enforcement of the republican guarantee cannot be rendered by the Court (are nonjusticiable) because they raise “political questions” that can only be resolved by the political branches of government.

This means that President Trump cannot effectively bring suit on guarantee clause grounds which means that his only avenue for upholding his constitutional duty to enforce the republican guarantee is by acting on his own authority, deploying his inherent Article IV power to enforce the guarantee according to his own best understanding of what actions the clause empowers and requires.

2. The President's interpretation of the guarantee clause  

Thus called upon to interpret the republican guarantee, President Trump judges first that his power under the guarantee clause is plenary: that the guarantee clause empowers him to take whatever actions are necessary in order to nullify the power of any unrepublican form of state government that emerges and ultimately to expunge that form of government (meaning the elements of the state government that make it unrepublican), or else the guarantee fails to be a guarantee.

It follows that if there is conflict between what is required to enforce the guarantee clause and any other constitutional provisions then it is the other constitutional provisions that must give way, and the reason why the founders would have framed this priority into the Constitution is obvious. If we lose our republican form of government we lose everything. It is the ark in which everything else is carried. It is the tree from which every fruit of liberty grows.

“A republic if you can keep it,” said Benjamin Franklin, and the republican guarantee is the ultimate weapon built into our Constitution for fighting back when it is our system of open and honest democratic elections itself that is at under attack.

3. Evidence of unrepublican state governments 

Here President Trump’s brief outlines the massive infrastructure of intentional vulnerabilities to vote fraud and election fraud that the Democrats have put in place over many decades, and the huge increase in that infrastructure for the 2020 elections, with details attached as exhibits.

It also outlines the massive evidence that all of these avenues of election fraud were fully exploited in at least a half-dozen swing states, with estimated levels of fraud in all of these states being at least several times larger than the narrow margins of “victory” in candidate Biden’s fraud-included vote totals, again with details attached.  

A few examples: 

- Electronic voting machines designed at the behest of communist regimes for the express purpose of stealing elections

- Mass mailing of multiple unsolicited mail-in ballot applications to every address in a state, easily available for anyone to harvest and vote with little to no verification

- Plus older tricks like never cleaning up voter rolls and not requiring i.d. to vote and of course not allowing Republicans to observe the verifications or the vote counts

Even with all these dirty tricks in full play the tainted states still had to yank the plug on election-night vote counting so they could close the gap with massive wee-hour ballot dumps, almost all for Biden. Hundreds of affidavits attest to the scope of the executed fraud. 

4. Harms from unrepublican state governments  

Estimated levels of fraud that are at least several times larger than the “winning” vote margin in the all of the tainted states means that on an honest count of the vote candidate Biden almost certainly lost all of these states (and likely some others as well) while candidate Trump almost certainly won all of these states.

These stolen (unrepublican) state elections in turn flipped the electoral college vote total from candidate Trump to candidate Biden, resulting in a stolen (unrepublican) presidential election. 

President Trump has a constitutional duty under the republican guarantee to block the unrepublican state governments from inflicting these powerful harms. The unrepublican states have first stripped their own citizens of the power to choose their own leaders, then by carrying their fraudulent election results forward to the electoral college they are doing the same to The People of the whole United States.

In the current situation the magnitude of these harms is total. If the current election stealing attempt succeeds then the Democrats’ vast infrastructure of election stealing processes will get cemented in place and America will never see another real election but will become just one more communist hellhole where an unfree people have no power to vote out their tyrannical government masters. No more popular sovereignty. No more republicanism. 

5. Required remedy: nullification of elections and electors  

Blocking the power of the unrepublican states requires nullification of their 2020 election results and all electoral votes that proceed from them. Not only is this necessary to prevent harms, but it is also flows from the wording of Article IV.

The republican guarantee is in effect a standing declaration of war by the Constitution itself against any unrepublican form of state government that might emerge. That government must be and expunged and its influence must be interdicted and nullified. It is not left to Congress to declare war or not. The declaration of war is already in the Constitution and cannot be undone except by constitutional amendment. 

The president’s job is to execute that war and in war you don’t allow the enemy state to pick your president for you, or you are not actually treating them as an enemy, as the Constitution requires. The Constitution regards these states as illegitimate and hence their power over the United States must be considered illegitimate.

6. Required remedy: federally conducted re-runs of the tainted elections  

To insure that presidential power to enforce the republican  guarantee is never abused by an unrepublican president who seeks to nullify legitimate open and honest republican elections, the remedy imposed by the enforcement action must lead as directly and certainly as possible to impeccably open and honest elections, insuring that the nation proceeds in the wake of the enforcement action in the direction that the people themselves choose. 

President Trump’s orders meet this requirement. Re-runs of the 2020 elections for national officeholders in the tainted states will be conducted by the federal government. Georgia election law will no longer be in effect. Instead the feds will make the election rules and, to fulfill the republican guarantee, will put together the most open and honest elections in American history, clearly demonstrating that there is no actual conflict between an honest election process and a process that is easily open to all legal voters.

Use of the military is appropriate because our armed forces are the only arm of the federal government that has the manpower (augmentable as necessary by National Guard units under the command of the U.S. military); they are the most respected institution in our society; and they follow orders. If we tell our soldiers to inspect every ballot in close concert with observers from all political parties who want to observe and with the press if they want to observe as well then our soldiers will follow every procedure just the way they are told, all the way up the line to the final vote tally.

They will check IDs and other identifying information, they will get signatures, they may ink fingers if that is called for. Insecure recently added mail-in ballot procedures will be barred, reverting to a secure system of absentee balloting limited to cases of actual need. Other Democratic Party schemes for enabling vote fraud will also be rejected. In particular, there will be no use of Smartmatic-derived election equipment, purpose built for stealing elections.

Instead the entire audit trail will be on pen and paper, with vote totals added up by human beings. This is nothing but addition people. We don’t need electronics to do addition for us. Calculators can be used to double check adding but for a fully auditable paper trail the best solution is visible human marking down and adding of votes, first at the precinct level, with these then added together city level, the county level and then for the state.

There is no need for our vote counting to be vulnerable to electronic hacking or manipulation. Put the whole pen and paper tally process on film. Make it 100% auditable down to looking back at the pen strokes that created it along with images of the ballots that each pen stroke refers to.

Popular sovereignty can and will be insured. 

7. Checksum of constitutional values verifies enforcement plan  

The constitutional harms that this plan incurs are small: just a few months delay in completing the presidential selection and inauguration process. At the same time, the constitutional benefits are the highest possible: we save our republican democracy itself from being permanently usurped by an unrepublican national government foisted on us by a cabal of unrepublican states. This vast outweighing of costs by benefits confirms the appropriateness of the priority that the wording of the guarantee implies. 

Protecting the continued existence of our republic is a president’s highest duty. Faced with a would-be fatal outbreak of unrepublican state government President Donald J. Trump is blocking their attempted usurpation of our republic in the most republican way possible, proceeding directly to the most open and honest electoral remedy possible while intruding as little as possible on other constitutional provisions. 

8. Argument for the Court’s own power and responsibility to enforce the republican guarantee

The only reason the Democrats were able to amass their broad arsenal of election stealing mechanisms in the first place is because SCOTUS never did its part to guarantee our republican form of government. Every substantial vulnerability to election fraud that the Democrats deployed over the last sixty hears should have been immediately struck down. There is never justification for it. Access to the vote by all legal voters can always be enabled by spending money. It can never justify enabling fraud.

Legal voters need i.d. cards? Spend whatever is necessary for all legal voters to get i.d.s and the same with security. If the system for issuing i.d.s is vulnerable to fraud then spend the money necessary to fully vet every applicant and find out for sure whether they are legal or not. Both of these desiderata can be secured at once, with no excuse for any substantial shortfall on either.

The guarantee clause is stated as a direct check on states’ power, in particular over election laws, since the core meaning of republicanism is electoral. The Court’s ignoring of that check let the Democrats’ arsenal of election-stealing tools pile up to the rafters until the only guarantee was that it would soon succeed in ending our republic. It is necessary rub this irresponsibility on the part of the Court into their faces a little bit so they don’t do it again, because that is the danger here.

The Court might seek some way to avoid the guarantee clause issue. Thus it must be urged on them that they too have a constitutional duty to enforce the guarantee and make sure that it is a guarantee: that they enable whatever steps are necessary to keep an election stealer from gaining the presidency and ending our republic forever.

This constitutional responsibility must take precedence over all other constitutional concerns. The Court can’t just rule on some other constitutional principle (like legislative supremacy) that Biden is president and so the case is void. Every other constitutional grounds must give way to the guarantee clause and that is as true for the Court as it is for the President.

End of defense

Political dynamics

Win or lose the political dynamics of this guarantee clause enforcement order would be advantageous. The Democrat and NeverTrump# mob would all be stuck angrily denouncing the prospect of guaranteed open and honest elections: “Impeach him NOW, before he is able to reveal the actual will of the people!” 

It’s also a strong move for branding Biden/Harris as illegitimate, which is crucial when all evidence of the massive Democrat election fraud is censored by our radical-left Democrat-controlled internet monopolies and news media corporations. 

But most important is the strong chance that the Court would take the case seriously and rule favorably. We should actually get re-run elections. That is the constitutionally correct remedy for our current predicament. We just have to give our new conservative Supreme Court the chance to say so.

Guarantee clause links

Some background on the Article IV guarantee that each state "shall have a republican form of government" here, here, and here.