And the LORD said unto Moses, I have seen this people, and, behold, it is a stiffnecked people. (Exodus 32:9, KJV)
I
TRANSITION is the never-ending story of America. Alexander Hamilton compared and contrasted a despotism and a republic on the first page of The Federalist Papers. The one depends on “accident and force”; the other relies on “reflection and choice.” In later pages, James Madison defined a republic in words polished and made as clear as glass. But Thomas Jefferson had captured the essence in the Declaration of Independence, stating that rights were to be protected by governments “deriving their just powers from the consent of the governed.” The meaning of that phrase was not a mystery, as Thomas Paine noted its significance: “The right of voting for representatives is the primary right by which other rights are protected. To take away this right is to reduce a man to slavery, for slavery consists in being subject to the will of another, and he that has not a vote in the election of representatives is in this case.” Thus, the original intention is not obscure. And, as long as the struggle to make ideals and reality one continues, the plot will be the same. Every chapter may not be a cliffhanger but still involve an element of suspense.
II
The Constitution’s voting rights provisions begin with Article I, Section 4, Clause 1.
“The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations….” (Emphasis added)
James Madison explains the importance of Article I, Section 4, Clause 1.
“The definition of the right of suffrage is very justly regarded as a fundamental article of republican government. It was incumbent on the Convention, therefore, to define and establish this right in the Constitution. To have left it open for the occasional regulation of the Congress would have been improper for the reason just mentioned. To have submitted it to the legislative discretion of the States would have been improper for the same reason….” (The Federalist Papers, No. 52)
Alexander Hamilton notes the importance of Article I, Section 4, Clause 1 in regards to national security.
“Its propriety rests upon the evidence of this plain proposition, that every government ought to contain in itself the means of its own preservation…. “Nothing can be more evident than that an exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy. They could at any moment annihilate it by neglecting to provide for the choice of persons to administer its affairs…. “If the State legislatures were to be invested with an exclusive power of regulating these elections, every period of making them would be a delicate crisis in the national situation, which might issue in a dissolution of the Union, if the leaders of a few of the most important States should have entered into a previous conspiracy to prevent an election….” (Emphasis Hamilton’s)
The threat, as Hamilton makes clear, is not imaginary.
“The people of America may be warmly attached to the government of the Union, at times when the particular rulers of particular States, stimulated by the natural rivalship of power, and by hopes of personal aggrandizement, and supported by a strong faction in each of those States, may be in a very opposite temper. This diversity of sentiment between a majority of the people and the individuals who have the greatest credit in their councils is exemplified in some of the States at the present moment, on the present question.” (The Federalist Papers, No. 59)
Hear the echo of Madison’s words.
“The definition of the right of suffrage is very justly regarded as a fundamental article of republican government. It was incumbent on the Convention, therefore, to define and establish this right in the Constitution.” (The Federalist Papers, No. 52)
Now listen as Hamilton tells us how Madison’s words are twisted.
“But it is alleged that it might be employed in such a manner as to promote the election of some favorite class of men in exclusion of others by confining the places of election to particular districts and rendering it impracticable to the citizens at large to partake in the choice.” (The Federalist Papers, No. 60)
The States accused the United States of the very things for which they themselves could be convicted.
The influence of the Articles of Confederation was present at the Convention. Thus, it was not possible to establish “one uniform rule” for voting. (James Madison, The Federalist Papers, No. 52) Instead, those who were eligible to vote for the lower House of the State Legislature could do so in Federal elections. (Article I, Section 2) Now, because of the Fourteenth, Fifteenth, Nineteenth, Twenty-fourth, and Twenty-sixth Amendments, there is a national standard with consequences for those States that deny or abridge the right to vote. Yet, with so many Republican States opposed to what Madison called “the elective mode of determining rulers,” the response to King George III on July 4, 1776 applies to them. (The Federalist Papers, No. 52) “But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government and to provide new guards for their future security.” And there is a way to do so.III
“The United States shall guarantee to every State in this Union a republican form of government....” Article IV, Section 4 is clarified through brief remarks by James Madison. “A republic, by which I mean a government in which the scheme of representation takes place....” (The Federalist Papers, No. 10) And then he goes into more detail.
...(W)e may define a republic to be, or at least may bestow that name on, a government
which derives all its powers directly or indirectly from the great body of the people, and
is administered by persons holding their offices during pleasure, for a limited period, or
during good behavior. It is ESSENTIAL to such a government that it be derived from the
great body of the society, not from an inconsiderable proportion, or a favored class of it;
otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of
their powers, might aspire to the rank of republicans, and claim for their government the
honorable title of republic. It is SUFFICIENT for such a government that the persons
administering it be appointed, either directly or indirectly, by the people; and that they
hold their appointments by either of the tenures just specified; otherwise every government
in the United States, as well as every other popular government that has been or can be
well organized or well executed, would be degraded from the republican character.
(The Federalist Papers, No. 39; CAPITAL emphasis Madison's; italics added)
Relying on the Constitution itself is a powerful response beyond the remains of the Voting Rights Act—and the hopes for its renewal. Rather than waiting and listening to the Senate’s words about reform of the filibuster, this is a time for deeds.
“Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy.” (Alexander Hamilton, The Federalist Papers, No. 70)
In taking the oath to “preserve, protect and defend the Constitution of the United States,” the President must then “take care that the laws be faithfully executed”; and the Constitution is “the supreme law of the land…any thing in the Constitution or laws of any State to the contrary notwithstanding.” (Article II, Section 1, Clause 8; Article II, Section 3 & Article VI, Clause 2) Therefore the Executive can go to a District Court to get cease and desist orders against States in violation and couple Article IV, Section 4 and Section 2 of the Fourteenth Amendment. Fusion that is the true nuclear option. Threaten recalcitrant States with loss of representation in the House, which simply adheres to the old adage—Where there is a right, there is a remedy. By doing so, the President would “take care that the laws be faithfully executed”—the first law, the Constitution. Otherwise, as Hamilton reminds us, “a government ill executed, whatever it may be in theory, must be, in practice, a bad government.” (The Federalist Papers, No. 70) And, finally, cries of “States’ rights” can be greeted with the words of Madison.
the superintending government ought clearly to possess authority to defend the system
against aristocratic or monarchial innovations. The more intimate the nature of such a
union may be, the greater interest have the members in the political institutions of each
was entered into should be substantially maintained. But a right implies a remedy; and
where else could the remedy be deposited, than where it is deposited by the Constitution?
Governments of dissimilar principles and forms have been found less adapted to a federal
coalition of any sort, than those of a kindred nature. (The Federalist Papers, No. 43;
emphasis Madison's)
Section 5 of the Act required States to obtain federal permission before enacting any law
related to voting—a drastic departure from basic principles of federalism. And Section 4
of the Act applied that requirement only to some States—an equally dramatic departure
from the principle that all States enjoy equal sovereignty.... As we explained in upholding
the law, “exceptional conditions can justify legislative measures not otherwise appropriate.”
But Madison's words make Swiss cheese of the Court's. The opinion notes “that all States enjoy equal sovereignty,” as if the Articles of Confederation applied. But apparently the Civil War, Jim Crow, purging voter rolls, and requiring Photo ID as another version of the poll tax are a figment of the imagination instead of “exceptional conditions.”
“Governments of dissimilar principles and forms,” Madison observes, “have been found less adapted to a federal coalition of any sort, than those of a kindred nature.” And a pervasive pattern of contrary conduct raises questions: How committed are certain States to a republican form of government? Is it just coincidence that a majority of the former Confederacy—Alabama, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia—are Section 5 covered jurisdictions? Had officials in Shelby County read these words by the Father of the Constitution—The more intimate the nature of such a union may be, the greater interest have the members in the political institutions of each other—would those self-styled “strict constructionists” still have objected to Section 5? Or would they have seen that legislative provision as consistent with the supreme of the land?
If words matter, a high-sounding sentiment must have meaning—“No one is above the law.” So, even if cease and desist orders are granted, the Executive must bring charges against Governors and legislators who have violated the Constitution’s voting rights provisions—the Fourteenth, Fifteenth, Nineteenth, Twenty-fourth, and Twenty-sixth Amendments—and the statutes enacted to enforce them. For they are engaged in a conspiracy to deny or abridge the right to vote under color of law. (Title 18, Sections 241 & 242 of the United States Code)
This is what a study of elections, from the Presidency to dogcatcher, between 2000 to 2014 by Justin Levitt, a former professor of law at Loyola and a former Deputy Assistant Attorney General in the Civil Rights Division, revealed—thirty-one POSSIBLE cases of voter fraud out of one billion votes, which comes down to 0.00000003 of 1%. Ivory Soap is not that pure.
Despite the facts, Republican claims of voter fraud continue. Steps supposedly taken to prevent the same create some rather odd situations—with or without a time machine.
This is in the report, foreshadowed by Alexander Hamilton in No. 29 of The Federalist Papers, that President Washington had Secretary of War Henry Knox send to Congress in support of Universal National Service: “Therefore, it ought to be a permanent rule, that those who in youth decline or refuse to subject themselves to the course of military education, established by the laws, should be considered as unworthy of public trust or public honors, and be excluded therefrom accordingly.” But, if those who did so much to make the United States of America a reality were alive today, their Armed Forces ID would not be enough to allow them to vote in certain States, and they would be excluded therefrom accordingly.
While on active duty, some of us travelled across borders without a passport because of a Status of Forces Agreement. All that was needed was our Armed Forces ID and a paper signed by the Commander stating that we were going to such-and-such a place. Thus, a foreign government showed us more respect than some States that do not accept the Veterans ID of the United States Government.
In 2016, the Republicans used Operation Crosscheck. Kris Kobach, the Secretary of State of Kansas, was the commander. His faulty list of approximately 7 million voters was used by GOP counterparts in 27 States to remove Democratic or Democratic-leaning voters from the rolls by claiming they were voting in multiple States. A first and last name was enough for a match. Jr. and Sr. did not matter, nor middle names, nor different Social Security numbers.
“The program's method of
identifying and purging voters especially threatens the registrations of
minority voters who are...67% more likely than white voters to share America's
most common names: Jackson, Washington, Lee, Rodriguez and so on,”
according to Greg Palast.
In the three crucial States that were supposed to be
the Democratic firewall, the gentleman from New York "won" by 44,000
in Pennsylvania, 11,000 in Michigan, and 23,000 in Wisconsin. Crosscheck
removed up to 344,000 in the first and 449,000 in the second. In the
third, Photo ID, which is used to stop non-existent “voter fraud,” made the
difference by depressing turnout in Milwaukee. Thus, the 20 electoral
votes in Pennsylvania, 16 in Michigan, and 10 in Wisconsin went to the
Republican instead of Mrs. Clinton. And so, the legitimacy of the
gentleman from New York goes beyond the question of foreign influence.
The domestic covert operation against certain American
citizens was successful because the self-styled “mainstream” press failed—and
still fails—to cover this story. But the falsehood about 3 million “illegal
aliens” voting—circulated by the Kobach crowd—was covered. Yet 7
million citizens on a list to deny them the right to vote are ignored.
In 2017, lo and behold, Kris Kobach was appointed Vice Chairman of the White House Advisory Commission on Election Integrity—after a Republican presidential campaign surrounded by Russians. But, in 2018, after finding no voter fraud, the Commission was disbanded. Nevertheless, the Republicans did not let the facts get in the way, and their lies led to an insurrection at the Capitol.
IV
“And the LORD said unto Moses, Go, get thee down; for thy people which thou broughtest out of the land of Egypt, have corrupted themselves.” (Exodus 32:7, KJV)
The people had grown impatient awaiting the return of the prophet. They wanted a god they could see—the golden calf, and the celebration of its creation caused quite a commotion.
“There is a noise of war in the camp,” said Joshua. (Exodus 32:17, KJV)
When Moses saw the molten image and the dancing, with singing piercing his ears, he threw down “the two tables of the testimony of the law” in anger and broke them. (Exodus 32: 15 & 19, KJV) And he demanded an answer.
“Who is on the LORD’s side?” (Exodus 32:26, KJV)
Today we are again at the foot of the mountain. The Chief Traitor has broken the tablets kept in the Archives but carried in the hearts of the American people. Thus, the line has been drawn. And, for those who worship and dance before the golden image of the gentleman from New York, a question remains: Who stands with the God of truth? (Deuteronomy 32:4, Psalm 31:5 & Isaiah 65:16) For knowledge is the foundation of the American Republic. And, as James Madison reminds us, “Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power knowledge gives.”
An oath was taken. And for those who said “So help me God,” Alexander Hamilton leaves no doubt as to what is required.
The republican principle demands that the deliberate sense of the community should govern
the conduct of those to whom they intrust the management of their affairs; but it does not
require an unqualified complaisance to every sudden breeze of passion, or to every transient
impulse which the people may receive from the arts of men, who flatter their prejudices to
betray their interests. It is a just observation, that the people commonly INTEND the
PUBLIC GOOD. This often applies to their very errors. But their good sense would despise
the adulator who should pretend that they always REASON RIGHT about the MEANS of
promoting it. They know from experience that they sometimes err; and the wonder is that
they so seldom err as they do, beset, as they continually are, by the wiles of parasites and
sycophants, by the snares of the ambitious, the avaricious, the desperate, by the artifices of
men who possess their confidence more than they deserve it, and of those who seek to
possess rather than to deserve it. When occasions present themselves, in which the interests
of the people are at variance with their inclinations, it is the duty of the persons whom they
have appointed to be the guardians of those interests, to withstand the temporary delusion, in
order to give them time and opportunity for more cool and sedate reflection. Instances might
be cited in which a conduct of this kind has saved the people from very fatal consequences of
their own mistakes, and has procured lasting monuments of their gratitude to the men who had
courage and magnanimity enough to serve them at the peril of their displeasure. (The
Federalist Papers, No. 71)
Intangibles will decide whether the American Republic survives. And those who embody our ideals will make them a reality.
(c)2021 Marvin D. Jones. All rights reserved.
