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As our national civics lesson continues to unfold on its march toward our 59th Presidential Inauguration on January 20, 2021 & 45’s 2nd term, I write today not of his unmasking exercise but of distraction, evolution & Trump’s battle for a return to the Constitution.

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By the President of the Senate.
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As a 3L in the FSU College of Law, I almost single-handedly produced an “African Americans and the Law in Florida” conference.

It was a futile attempt to give our Black Law Students Association a substantive event annually revolving around our chosen profession.
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The following year, our BLSA chapter could not have been less interested in sustaining it and reverted to the same ole, same ole.

Fluff.
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My subsequent failure on the Florida Bar examination is worthy of a novel. Not from a bitch and moan perspective, although incredible institutional mistakes were made that crippled my legal career.
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No, at every step of the way *I* made THE critical mistakes.

Freely.

And because prudence rules my world, I reasoned out why my decisions were the prudent decisions.
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Precedents, you might say, personally stacked one upon another since my early teens were weighted and given outsized importance that – unbeknownst to me – worked against my stated professional goals.
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Can you see how this relates to my earlier critique of the United States Supreme Court and their reliance upon precedents of their own creation?

Perhaps not. Perhaps its merely personal to me.

Whatever the case, *I* see it.
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For me, and because I see it this way, "evolution" -- especially if one isn't careful -- can easily morph merely into a form of distraction.

A loss of focus.
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This all came back to me as I watched a video Thomas Wictor highlighted.

The relevant part of this video for this thread runs from the 2:25 mark to 5:00.

https://t.co/gjQovqhrRW
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Wictor appears to presume in the video the emotion we see from Miller links back to his appointment as Acting Secretary of Defense on November 9, 2020.

But would that after-election appointment generate such emotion from a combat veteran?

I think not.
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No, I think that tremendous emotion goes back to the beginning of the Trump Administration.

Why?

I’ll try to explain that tomorrow.
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No, I see it as part of his effort to return power to “we the people” b/c Trump is – like Thomas and Alito – an Originalist.

He knows the logic of our Constitution is inescapable. There is a very clear hierarchy that has, through distractions & evolution, been hidden.
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The President, as Chief Executive, is President of *all* the people.

That much we all know.

The President of the Senate, however, a position constitutionally-mandated to be whomever is Vice President of the nation, is Senator to *all* the sovereign states.
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Every citizen has two sovereigns, remember?

So, he’s not Senator of all the people . . . no, his duty is to the sovereign states.
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Senate Rule 1 could not begin more clearly when it starts out “In the absence of the Vice President . . . .”

Clearly, the VP does not occupy a ceremonial position.

He occupies an incredibly important CONSTITUTIONAL & quite powerful position.

https://t.co/BlKJFojtBb
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He, and he alone when presiding as President of the Senate, is CONSTITUTIONALLY authorized as presiding officer to maintain order and decorum, recognize members to speak, and interpret the Senate's rules, practices, and precedents.
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Prior to the distracted evolution we increasingly endured as the 20th Century progressed chronologically, the Vice President *regularly* presided over the Senate.
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Not until the JFK election in 1960 was the Vice President’s office not in the Capitol building but the White House.

That was a 1961 move by LBJ.

Given the events of today, and curious Democrat actions over the recent decades, that move looks more and more suspicious.
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But . . . back to Christopher Miller and Mike Pence.

Something quite serious accounts for that genuine emotion.

Tomorrow I’ll tell you about the SUBSTANTIVE responsibility I think President Trump gave Vice President Pence as Senator to all the States.

More from Trump

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https://t.co/hOfTV6hRNx


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OK, #Squidigation fans, I think we need to talk about the new Wisconsin suit Donald Trump filed - personally - in Federal Court last night. The suit is (as usual) meritless. But it's meritless in new and disturbing ways. This thread will be


Not, I hope, Seth Abramson long. But will see.

I apologize in advance to my wife, who would very much prefer I be billing time (today's a light day, though) and to my assistant, to whom I owe some administrative stuff this will likely keep me from 😃

First, some background. Trump's suit essentially tries to Federalize the Wisconsin Supreme Court complaint his campaign filed, which we discussed here.


If you haven't already, go read that thread. I'm not going to be re-doing the same analysis, and I'm not going to be cross-linking to that discussion as we go. (Sorry, I like you guys, and I see this as public service, but there are limits)

Also, @5DollarFeminist has a good stand-alone thread analyzing the new Federal complaint - it's worth reading as well, though some of the analysis will overlap.

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