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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLaw Prof. responds to Trump's Claim of an "Irrefutable" Argument Supporting His Right to Unilaterally Impose Voter ID"
Professor Hasen had fun responding to this "argument".
Link to tweet
https://electionlawblog.org/?p=154326
President Trumps Claim of an Irrefutable Argument Supporting His Right to Unilaterally Impose Voter ID and Election Rules May Be Based on Insane Claim that Marriott Hotel Manager Found Secret Text in the Shadows of a Microfilm Copy of the U.S. Constitution
Yesterday I noted the latest set of unhinged social media posts from President Trump in which he declared that voter id requirements and other election changes would be imposed in the midterms via executive order whether approved by Congress or not. I pointed out in response to that an executive order is not a royal edict; it is not law. It is a direction to the executive branch as to how to carry out the law. Also, key parts of Trumps last EO on elections have been stopped by federal courts, ruling that the President has no role to play in federal elections.
One of the odd parts of Trumps post was the statement that I have searched the depths of legal arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the near future. What could Trump have been referring to? I originally had no idea, but then a reader wrote to me for comment about an obscure post which seems insane but could explain the big Trump reveal to come:
As I wrote to the person who asked me about this, The idea that there is hidden language in the Constitution that vests electoral power in the federal government, in contradiction to the actual vesting in the states subject to congressional override in t elections, is laughable. If this is what the President was referring to as irrefutable proof to support an executive order on elections, hes more gullible and ignorant than I thought.
Yesterday I noted the latest set of unhinged social media posts from President Trump in which he declared that voter id requirements and other election changes would be imposed in the midterms via executive order whether approved by Congress or not. I pointed out in response to that an executive order is not a royal edict; it is not law. It is a direction to the executive branch as to how to carry out the law. Also, key parts of Trumps last EO on elections have been stopped by federal courts, ruling that the President has no role to play in federal elections.
One of the odd parts of Trumps post was the statement that I have searched the depths of legal arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the near future. What could Trump have been referring to? I originally had no idea, but then a reader wrote to me for comment about an obscure post which seems insane but could explain the big Trump reveal to come:
Its possible states innocently believe they have unrestrained Constitutional authority to create election rules within their borders.
But theyre about to learn thats not so, reports John N. Goodman, a retired Hallandale Beach man who shared some research he conducted with a fellow Election Integrity advocate with links to the White House. That research found its way to Washington, D.C. recently when My Pillow founder Mike Lindell met with President Donald J. Trump. Lindell shared Goodmans research after Steve Stern, the Vice Chairman of the Broward County Republican Executive Committee, contacted Lindell, Stern confirmed. Stern also was contacted afterwards by a White House source verifying the President learned about Goodmans research .
A former manager for Marriott Hotels, Goodman spent six weeks at the main branch of the Broward County Library System in Ft. Lauderdale. He was reading a microfilm copy of the original U.S. Constitution, eventually spotting an apparent shadow that turned out to be a significant find.
According to Goodman, a Kentucky native, he stumbled upon wording that wasnt commonly known, although he speculates Supreme Court justices were familiar with the words because a majority opinion in U.S. Term Limits v Thorton echoed that hallowed language.
In an email this morning, he wrote, its important to point out to your readers that the Constitution on the surface says that the states do have 100% power over elections, but (there was an) obstructed console that was not noticed for many many years because it looks exactly like a faded shadow from the line above it, (so) I decided to go back the next day with a high-powered magnifier to add to the microfilm magnifier in order to still barely make out what it said it said dictate electoral outcomes unfairly and the states cannot do that and then the actual words dictate electoral outcomes is also in that 1995 Supreme Court case and they elaborate in great detail such as the states powers designed by the framers were meant to be procedural, and their actions cannot compromise integrity of the election (to) favor or disfavor a certain class of candidate, or evade constitutional restraints.
This treasure chest Constitutional finding, backed up by a Supreme Court decision, undermines the efforts of states that sought to keep Trump off the ballot in 2024, when he won a second term, Goodman argues. He also contends the huge expansion of vote by mail is a state action that tips the scale in favor of a certain candidate or party.
Clearly, though, Goodman isnt a Constitutional scholar, let alone an attorney. However, his research eventually put him in touch with two attorneys who are working with President Trump to clean up our voting system, he says. This connection provided him with some insight into what is about to unfold when the President announces action that includes a second Executive Order on Election Integrity.
Key underpinnings of upcoming action, Goodman says, revolve around the 1995 Supreme Court decision. Another force driving President Trump is his belief that the 2020 election was rigged and stolen from him. In a phone conversation lasting more than an hour last night, Goodman, fascinated with politics since high school, spelled out his role as a private citizen and what he believes will happen soon. He agreed to speak with me as long as I withheld details of that conversation until after White House decisions become finalized and public.
As I wrote to the person who asked me about this, The idea that there is hidden language in the Constitution that vests electoral power in the federal government, in contradiction to the actual vesting in the states subject to congressional override in t elections, is laughable. If this is what the President was referring to as irrefutable proof to support an executive order on elections, hes more gullible and ignorant than I thought.
Professor Hasen goes on to cite case law on why this theory is really stupid. Professor Hasen's last comment in this post really made me smile
If this is what President Trumps lawyers are going to hang their hats on, they are going to be the laughing stock among lawyers.
Like Professor Hasen, I will enjoy trump's counsel trying to make this argument
I am sorry if this is long. This is what passes for humor among law nerds
11 replies
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Law Prof. responds to Trump's Claim of an "Irrefutable" Argument Supporting His Right to Unilaterally Impose Voter ID" (Original Post)
LetMyPeopleVote
4 hrs ago
OP
I think even this Supreme Court 6 would be too embarrassed to rely on "microfilm secret text"
muriel_volestrangler
4 hrs ago
#6
I presume you're asking what "obstructed console" is supposed to mean in the OP
muriel_volestrangler
2 hrs ago
#11
malaise
(294,441 posts)1. It is freaking hilarious
Could have simply said Donvict is stark raving mad
LetMyPeopleVote
(177,237 posts)2. You do not know law professors and law nerds
This is what passes for humor among law nerds.
malaise
(294,441 posts)3. Ha n/t
WestMichRad
(3,092 posts)4. TSF's "irrefutable" argument:
Because Im prezzidint and I said so!
Case closed.
poli-junkie
(1,522 posts)5. Sounds like the plot of a
National Treasure movie where Nicholas Cage discovers hidden text in the Constitution using his handy invisible pen decoder and reveals what the Founders REALLY meant!
regnaD kciN
(27,555 posts)9. ...or a Dan Brown potboiler.
muriel_volestrangler
(105,880 posts)6. I think even this Supreme Court 6 would be too embarrassed to rely on "microfilm secret text"
so I hope that means someone in the Trump regime will persuade the rest to give up that effort.
"Hes more gullible and ignorant than I thought" - I suppose this does fit what Fran Lebowitz said, in 2018:
Everyone says he is crazy which maybe he is but the scarier thing about him is that he is stupid. You do not know anyone as stupid as Donald Trump. You just dont.
https://www.theguardian.com/culture/2018/mar/20/fran-lebowitz-you-do-not-know-anyone-as-stupid-as-donald-trump
https://www.theguardian.com/culture/2018/mar/20/fran-lebowitz-you-do-not-know-anyone-as-stupid-as-donald-trump
Igel
(37,449 posts)8. "Console"? n/t
muriel_volestrangler
(105,880 posts)11. I presume you're asking what "obstructed console" is supposed to mean in the OP
and I haven't a scooby.
regnaD kciN
(27,555 posts)10. "You do not know anyone as stupid as Donald Trump"...
I do the 77 million who voted to return him to office.
Buns_of_Fire
(19,064 posts)7. And with cold, geometric logic tsf also knows
who stole the strawberries from the White House kitchen!
