A quick follow-up on this post from yesterday. This really needs not full posts, but dissertations to fully cover but…
I’m seeing a lot of defeatism from people on X, and it’s coming from some people that I would least expect to throw in the towel. I think a good bit of it is that they are looking at things from a very narrow or specific viewpoint. So, let’s take a quick look at some high points of why we NEED to have some court cases even if the courts (as usual) would prefer to punt.
First, the use of autopens has never been before a court, nor has it been legislated as acceptable. The use of the autopen to sign documents, or even laws, is, therefore questionable. If I understand correctly, most modern usage from Obama on depends on a legal brief from the legal beagles of Bush I. Personally, I think it time to establish law via a court ruling (whether the court wants to or not) and put legislation in place.
Second, court cases on the issues surrounding the possibly forged signatures when the autopen was not used are needed to determine if those were legitimately signed or not. If the signatures were indeed forged, that should clearly invalidate the document. However, according to several legal types, there is no case law extant on what to do. Frankly, I think such is needed. It also leads to a can of worms.
If the signatures were not forged, it then raises questions on the competence of Joe Biden and if he was fit for office. This is a huge issue as there is no case law, no precedent, for what to do next.
For all the Founding Fathers could envision the Federal government getting too bit, usurping powers, etc., I really don’t think they foresaw one political party joining with/taking over a large unelected bureaucracy and the so-called fourth estate to run a candidate as a puppet, or propping up a candidate who became fully incapacitated while in office (take your pick on scenario). They prepared for many contingencies, but there is no way to prepare for all.
Which is why a lot of pundits and others out there are saying too bad, we just have to live with it, nothing that can be done, and all the other bend-over-and-take it we got in lesser amounts and form after 2020. While I’m trying to lean into my saint-in-training mode, I am going to have to use a swear word here: BULLSHIT!
If we don’t set law and precedent now, this is just going to continue and the Republic will be lost. This will get used by more than one side to fundamentally reshape (remember that phrase?) the government and usurp our natural rights. Remember, the government doesn’t grant us rights, as those come from God as natural law. The Bill of Rights, therefore, doesn’t grant us rights, it prohibits the government from infringing on them (but oh do they ever try to do so!).
All the more reason I’m thinking there are multiple reasons for the order and the administration seeming to encourage challenges. Again, it is a no-lose for the administration, and if pushed to the point that the Courts and Congress are forced to act to set law, scope, and precedent we all will be better off for it. It won’t be fun, it won’t be easy, and I suspect there will be a lot of pain. However, I think we need it. Ultimately, it will be a lot less pain than a continual path of bend-over-and-take-it.
This can’t be looked at as strictly a legal thing, strictly a Constitutional matter, or simply a procedural matter. It requires a more holistic look and push. I’m seeing several avenues of strategy playing out here, and we need to embrace them and the larger picture to prevent things like this from ever happening again with no recourse.
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We don’t have to “live with” Jack Sh*t. It’s time for the Trumpers to run these issues right up the middle–start with rescinding all the pardons–and force the disloyal opposition to take it to court so the relevant case law DOES get established. And good luck to all the naysayers, ’cause they have no one’s sympathy and they’re going to take some losses.
I’ve commented elsewhere that I think the 25th Amendment informs this issue.
The 25th Amendment, as written, envisions the President’s own people coming forward about his incapacitation, that they are motivated to do so. This hugely implies that the things the President does (as his Article II powers) he must actually do his own self, or they don’t get done. Otherwise there would be no need for the staff (in the form of the Cabinet) to come forward and get official approval to have the VP handle things.
So, autopen might be ok for signing lots of copies of the same document, but it isn’t really an adequate substitute for the President’s actions of signing a law or other executive action under Article II.