Publius-Huldah's Blog

Understanding the Constitution

Article IV, §4, US Constitution REQUIRES Congress, the Supreme Court, and the President to Stop the Steal!

By Publius Huldah

Here is the interview Alex Newman of The New American Magazine and I did on December 23.

1. The Supreme Court’s Dereliction of Duty

The Pennsylvania Lawsuit

As pointed out in the interview [and previously here], Art. I, §4, cl. 1, US Constitution, delegates to state and federal legislatures alone the power to make the laws addressing the “times, places and manner” of conducting federal elections. In addition, Art. II, §1, cl. 2 provides that the State Legislatures are to decide how the Presidential Electors for their State are to be appointed.

But in Pennsylvania (and other States), Judges and State Executive Branch officials changed the laws made by their State Legislature in order to permit fraud of such a massive scale as would enable the theft of the election for the Biden/Harris ticket. Accordingly, during late September, the Republican Party of Pennsylvania filed a lawsuit challenging the unconstitutional changes to the State election laws. They lost in the Pennsylvania Supreme Court, and asked the US Supreme Court to review it.

But the Supreme Court dragged its feet. So on October 28, Justice Alito (who is the “go-to” Justice for the US Circuit in which Pennsylvania is located), issued a statement [link] where he identified violations of Art. I, §4, cl. 1 and Art. II, §1, cl. 2 as an issue of “national importance” which “calls out for review” by the Supreme Court; and that the Court should decide this issue BEFORE the election. He warned that the Supreme Court’s inaction on the “important constitutional issue” raised in the lawsuit has created conditions that could lead to “serious post-election problems.”

Justices Thomas and Gorsuch joined Justice Alito in his Statement – but nobody else.

The Supreme Court still hasn’t announced whether they will review the decision of the Pennsylvania Supreme Court. They set this case for conference (among themselves) on January 8 [link] – which is two days after Congress meets to count the votes.

The Texas Lawsuit

The Supreme Court’s handling of the Texas lawsuit was equally egregious. The Texas case alleged that using COVID-19 as an excuse, state election officials and judges in Pennsylvania, Georgia, Michigan, and Wisconsin usurped their State Legislature’s authority and unconstitutionally revised their State’s election statutes. These changes made massive election fraud possible. The Complaint sets forth compelling facts alleging the massive and coordinated fraud used to steal the November 3 election.

But the Supreme Court refused to hear the case, claiming that Texas “lacked standing” to bring the action. They were dead wrong. Here’s why:

Article IV, §4, US Constitution, says:

“The United States shall guarantee to every State in this Union a Republican Form of Government…”

The essence of a “Republic” is that power is exercised by Representatives elected by The People.1 Accordingly, the violations of Art. I, §4, cl. 1 and Art. II, §1, cl. 2 – which made the massive election fraud possible – strike at the heart of our Constitutional Republic.

Obviously, when an election is stolen by corrupt politicians and political parties – with the connivance of Judges and State election officials – the Right of The People to choose their Representatives is taken away from them.

And this is why the State of Texas has “standing” to bring the lawsuit: Art. IV, §4, is for the benefit of the States who comprise this Union. The States created the federal government when they ratified the Constitution. The Supreme Court is merely the “creature” of that Constitution; and they may not lawfully act in contravention of the Document under which they hold their existence.

The US Supreme Court is required to act so as to preserve the Republican Form of Government for Texas and all other States. They shirked their Duty. Shame on the Supreme Court!

2. Attorney General William Barr’s Dereliction of Duty

Article IV, §4 also imposes on the US Attorney General – as part of the Executive Branch of the federal government – the Duty “to guarantee to every State in this Union a Republican Form of Government…”

Accordingly, the Attorney General has the Duty to prosecute persons engaged in federal election fraud; and he has the Duty to file civil actions addressing the election fraud – such as suggested by constitutional litigators William J. Olson & Patrick M. McSweeney in their Christmas Eve article here.

But not only did Barr not lift a finger to fight the fraud – he denied there was any fraud. He too shirked his constitutional Duty. Shame on William Barr!

3. Will Congress also shirk their Constitutional Duty?

Article IV, §4 also imposes on Congress the Duty to guarantee to the States a Republican Form of Government.

Section 3 of the 20th Amendment imposes on Congress the additional Duty of determining whether the President Elect and Vice President Elect have “qualified” for office [respecting that, this short post will help you].

Congress has the ability to perform its sacred Duty under Art. IV, §4, by disqualifying Biden and Harris on the bases that their election was procured by changes to State election laws made in violation of Art. I, §4, cl. 1 and Art. II, §1, cl. 2, which made possible the brazen fraud which resulted in the theft of the election for Biden and Harris.

Kamala Harris should be disqualified on the additional ground that she is not a “natural born citizen” as required by Art. II, §1, cl. 5 and the 12th Amendment [link].

But shockingly, it appears that some Republicans in Congress intend to go along with the fraud, and will use as an excuse the silly claim that presidential elections are up to the States and Congress shouldn’t bully the States!

But that would constitute an aiding and abetting of election fraud, and a shirking of Constitutional Duties. Congress! Do not strip The American People of their right to honest federal elections!

4. The Fraudulent Election is an Act of War against the People of the United States

This was not just another election. This was a planned and coordinated attack on the People of the United States. If we don’t defeat the fraud, the People of the United States will have been stripped of their sovereign power to choose their own Representatives. 2

This is an Insurrection against the sovereign power of WE THE PEOPLE. Traitors within our local, state, and federal governments have conspired with one another – and apparently foreign agents – to take our sovereign power away from us. And cowards are going along with it.

5. President Trump has constitutional and statutory authority to carry out the Duty imposed on him by Art. IV, §4

If, when it meets on January 6, Congress too shirks its constitutional Duty to guarantee honest federal elections and refuses to disqualify Biden & Harris; then the President is our last hope (within the purview of the Constitution). 3 Not only does Art. IV, §4 impose this duty on the President; he is also bound by his Oath of Office to “preserve, protect and defend the Constitution of the United States” (Art. II, §1, last clause); and, by Art. II, §3, to “take Care that the Laws be faithfully executed”. These three provisions impose upon him the Duty to act so as to preserve the Federal Constitutional Republic created by our Constitution of 1787.

And he has the constitutional and statutory authority to carry out his Duty:

Call up the Militia!

Article I, §8, cl. 15 authorizes Congress

…“to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;” [italics added]

Congress “provided for” calling forth the Militia by delegating to the President the authority to use his own judgment respecting whether to send the Militia into any State:

♦To enforce the Laws of the United States [10 USC §252];

♦To suppress uprisings which deprive the people of the rights, privileges and immunities, and protections recognized in the Constitution and secured by Law, and the State government isn’t protecting those rights [10 USC §253]; and

♦To suppress uprisings which oppose or obstruct the execution of the laws of the United States or impede the course of justice under those laws [10 USC §253].

So the Militia may be called forth:

♦To enforce Art. I, §4, cl.1 (which requires that only state and federal Legislatures may make laws respecting the times, places and manner of holding federal elections);

♦To enforce Art. II, §1, cl.2 (which provides that the State Legislatures are to decide how the Presidential Electors for their State are to be appointed);

♦To enforce Art. IV, §4 (which requires the United States to guarantee to the States a Republican Form of Government); and

To suppress the Insurrection which is right now going on in our Country.

A Brief History of the Militia

The term, “Militia”, refers to the armed and trained male Citizens. The Militia Act of 1792 provided for the arming and training of these male Citizens [link]. Our Framers did not want a standing professional Army – that’s why appropriations for the regular Army were limited to two years (Art. I, §8, cl. 12). Enforcement of federal laws, suppression of Insurrections, and much of the national defense were to be the responsibility of the Militia. When the federal gov’t needs to enforce its laws, it is to call forth the Militia – the armed and trained Citizens – to do the enforcing! During the Washington Administration, the federal gov’t called forth the Militia to enforce the federal excise tax on whiskey. Federal law enforcement is thus the province of the Citizens – the Militia! 4

But with the Dick Act of 1903, the organized Militia was converted into the National Guard – which is an adjunct of the federal military. And with 10 USC § 246, Congress redefined “Militia” to consist of two classes:

“(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

Earlier this year, in response to the violent Insurrections in the cities, Edwin Vieira, JD., Ph.D. (our Country’s foremost authority on the Militia) showed here how President Trump has the authority to send the Militia into the cities to suppress the Insurrections. But as discussed here [at endnote 11], President Trump’s two previous Secretaries of Defense apparently indicated that they would not obey orders to send the National Guard into the cities. Will Chris Miller, the present acting Secretary of Defense, be any better?

But if President Trump calls up “the unorganized militia” – which remains in existence as recognized by 10 USC §246 and which has his back – to enforce Art. I, §4, cl.1; Art. II, §1, cl.2 and Art. IV, §4 – he doesn’t need the cooperation of any deep state Secretaries of Defense.

6. Calling up the Militia is not equivalent to imposing “martial law”!

I implore Patriots to become precise in your use of terminology. Calling up the Militia for the purposes at Art. I, §8, cl. 15 is not “imposing martial law” [and it’s not “Marshall law”]! Martial Law is typically imposed during war time when invading military forces disband civilian governments [including the courts] in the occupied country and replace the civilian government with direct military control of civilian populations.

7. What is “the rule of law”?

The “rule of law” is a term which politicians and Attorneys General, who have no idea what it means, love to sling around: In his recent address to students at Hillsdale College, former Attorney General Barr said the “rule of law” means “treating everyone the same”. That’s not even close.

Law comes from a higher source than the civil authorities. The “Rule of Law” prevails when the civil authorities obey that higher Law – be it God’s Law or our Constitution. The Bible shows that Kings governed justly only when they governed in accordance with the Law of God. In our Country, the civil authorities govern justly only when they obey our Constitution. See: Lex, Rex, by Rev. Samuel Rutherford (1644) and here under the subheading, “1. The Civil Authorities are under the Law.”

8. This isn’t about Trump – it’s about defending our Constitutional Republic from enemy attack

It doesn’t matter what you or I think of President Trump: there is much to criticize about his policies. This fight is about whether our Republican Form of Government, with honest & verifiable elections, is to be restored; or whether our Right to choose our Representatives is to be stripped from us forever.

Endnotes:

1 Federalist No. 10 (J. Madison) [link]: “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”

2 “…The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.” Federalist No. 22, last para (A. Hamilton). This is what we will lose if Congress and the President permit the cheats and subversives to get away with the election fraud.

3 If Congress and the President both shirk their Constitutional duties and “betray their constituents, there is then no resource left but in the exertion of that original right of self-defense …” Federalist No. 28 (A. Hamilton). Much blood will be on the hands of those who acquiesced in the fraud.

4 Not armed thugs from federal executive agencies such as the FBI, BATF, etc., etc., etc. !

January 3, 2021 - Posted by | Article I Sec. 4, Article II Sec. 1, derelection of duty, Election of President, Elections Clause, Electoral College, Electors, republican form of government, Rule of Law, stop the steal, William Barr | , , , , , , , , , ,

29 Comments »

  1. Hi Publius!

    I’m very eager to hear your opinion on what we do next in light of neither Trump nor Pence doing their duty?….
    Love you!

    Donal

    Like

    Comment by Don Wood | January 6, 2021 | Reply

    • and I love you too!

      Like

      Comment by Publius Huldah | January 7, 2021 | Reply

  2. Sent this to Senator Bill Cassidy who joined the leftists to recognize Biden/Harris.

    Elections have to be fair and honest. By all scientific, mathematical and common sense data this election was an absolute fraud. Your decision to side with the leftists of the democrat party makes you a participant . By refusing to even view the evidence you have cancelled the vote of every Louisiana voter who chose to back Donald Trump. You have participated in the destruction of the Constitution by supporting the candidate Harris, who is not a natural born citizen and can never legally hold the office of vice president or president. You have approved of dead voters, Chinese ballots, Russian and Iranian interference, ballot harvesting, multiple votes and the usurping of the Constitution by allowing persons other than the state legislature to change constitutional law pertaining to elections. At this point, your character and loyalty to the United States of America is questionable at best. I suggest you resign and if you are so determined to overthrow a legitimate government, join the U. S.Communist Party . You no longer represent the values of Louisiana or America.

    On Sun, Jan 3, 2021 at 2:18 PM Publius-Huldah’s Blog wrote:

    > Publius Huldah posted: “By Publius Huldah Here is the interview Alex > Newman of The New American Magazine and I did on December 23. 1. The > Supreme Court’s Dereliction of Duty The Pennsylvania Lawsuit As pointed out > in the interview [and previously here], Art. I, §4, cl. 1,” >

    Like

    Comment by john white | January 5, 2021 | Reply

    • Your letter is EXCELLENT!

      Like

      Comment by Publius Huldah | January 5, 2021 | Reply

  3. Please make an account on Gab.com and speak to the many thousands of patriots who have flocked there.

    ________________________________

    Like

    Comment by Adam R Palasek | January 4, 2021 | Reply

    • when things slow down [!] I’ll be able to take the time to set up an account on Gab.
      but please feel free to post my papers on Gab.

      Like

      Comment by Publius Huldah | January 4, 2021 | Reply

  4. […] Article IV, §4, US Constitution REQUIRES Congress, the Supreme Court, and the President to Stop the… […]

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    Pingback by US Constitution REQUIRES Congress, the Supreme Court, and the President to Stop the Steal! - Tax Court Help | January 4, 2021 | Reply

  5. The article is concise and accurate. The Supreme Court shirked their duty in numerous ways in order to avoid the truth. They have shown themselves to be nothing more than political hacks and cowards. The Attorney General is no better and it takes only that one look at the Special Prosecutor investigating the Russia hoax to realize that nothing will be done. My fear is that the politicians of surrender will eventually certify the fraudulent electors and the Constitution will be a piece of paper with no meaning. If that happens then America is finished and will become a vassel state to the NWO. Biden will take his orders from the CCP and Socialism/Communism will be the lot of an apathetic citizenry.

    Like

    Comment by unionjack07 | January 4, 2021 | Reply

    • yep – unless the last remaining course of action is taken – an appeal to that original right of self-defense.

      Like

      Comment by Publius Huldah | January 4, 2021 | Reply

      • I hope and pray it does not have to come to that but as the saying goes, “The Tree of Freedom Must, From Time to Time, Be Watered With the Blood of Tyrants and Patriots.”

        Like

        Comment by unionjack07 | January 4, 2021 | Reply

  6. […] Now is the time to be very discerning in what we are and are not being told by mass media. The approved narrative is that Trump lost the election fair and square and any concerns to contrary are simply sour grapes.  If, however, there was deception, fraud or other manipulation of the voting system, the Constitution requires Congress, the Supreme Court and the president to investigate it and, if …. […]

    Like

    Pingback by 1-4-2021 The Bryan Hyde Show hour one – Loving Liberty Radio Network | January 4, 2021 | Reply

  7. STANDING!  WE, all those in this Republic, have standing when the end results of their rogue government & illegetimate laws affect us & our country.Sent from my Samsung Galaxy smartphone.

    Like

    Comment by trusader | January 3, 2021 | Reply

  8. Why was my comment memory-holed? Mentioning the 3 letter people or asking about forced masking i.e. forced restricted breathing ?

    Are there those we must not mention?
    Are we living in a tyranny then?
    Tyranny. Full stop?

    Like

    Comment by Tom Jefferson | January 3, 2021 | Reply

    • don’t be paranoid. word Press couldn’t handle the traffic yesterday.

      Like

      Comment by Publius Huldah | January 4, 2021 | Reply

  9. Superb argumentation I expect from Judge Nap. First time here. Well done.

    Also: none of this would be possible without the support of the 3 lettered surveillance people who have the most extensive grid-net in human history and do nothing honorable with it….quite the contrary they demonstrate that absolute power does indeed corrupt absolutely.

    Do you have an airtight argument like this concerning the forced inhalation of carbon dioxide through mask “policies” at these business places? Can you do a writeup with the title: Human Beings have the Right to Breathe Freely and Unrestricted. Its more fundamental to who we are than race or creed which ARE explicitly protected but as I leearned from judge Nap the 9th amendment is the catchall for those other rights we DO POSSESS but are too numerous to cite explicitly.

    What say you on the forced submission to restricted breathing by corporate policy?

    Like

    Comment by Tom Jefferson | January 3, 2021 | Reply

    • If we survive this election, I’ll write on that. If we lose, there’s no point.

      Like

      Comment by Publius Huldah | January 4, 2021 | Reply

  10. Thank You.

    Like

    Comment by reggieal64 | January 3, 2021 | Reply

  11. Reblogged this on Starvin Larry.

    Like

    Comment by gamegetterII | January 3, 2021 | Reply

  12. I agree with all you have said here. Our problem is that a vast majority of our people have little or no knowledge of the constitution and what it means. Therefore they will call our president a dictator and a tyrant and riot in the streets. This, I believe, is why those so called constitutional judges on the Supreme Court took no action. Treasonous and cowardice in my opinion! Dennis

    Sent from my iPhone

    >

    Like

    Comment by Dennis Wharton | January 3, 2021 | Reply

  13. I saw that. Great job!

    Mike Hill …. Sent from my iPhone

    >

    Like

    Comment by Mike Hill | January 3, 2021 | Reply

    • thank you, Mike! I hope to get to your State one of these days. Assuming we aren’t in a big mess…

      Like

      Comment by Publius Huldah | January 3, 2021 | Reply

  14. When Congress admitted subsequent states in to the union after the first 13 (and also Vermont) it did so with many on the express condition that their respective state constitutions shall be both republican in form and “not repugnant to the principles of the Declaration of Independence.” This strengthens your argument by pointing back to Congressional admission statutes. Alaska and Hawaii admissions also had this language. Ill send you a two page summary if you would like with legal citations. Email address below.

    Like

    Comment by Kerry L Morgan | January 3, 2021 | Reply

  15. this is great
    ________________________________

    Like

    Comment by Dan Dumas | January 3, 2021 | Reply

    • thank you for being here, Dan!

      Like

      Comment by Publius Huldah | January 3, 2021 | Reply

  16. What they are supposed to and what they will do are two different things.  The Constitution means nothing to any of them.  That is plainly obvious.  Most have no clue what the Constitution says or what it means.  During state hearings the legislators didn’t even know they had the power and control over the electors.  Some great Constituional experts have told everyone what Trump and swamp creature Pence can do and then their criminal advisors tell the they can’t.I don’t know what they have up their sleeve for Wednesday but I know for sure Pence will not do what he has the authority to do and end it.  These challengers mean nothing because when it comes time to vote the challenge will be voted down.  Pence could have removed both sets of electors due to fraud and deemed Trump the winner by 232 to 227 but he won’t.  It will be another dig and pony show and all the challengers know what they are doing will look good for their next campaign but will not do anything to bring a victory for Trump.  So what will Trump do?  They say they have the goods on Joe Biden, Kemp and Raffensberger but have yet to arrest any of them. A crime without an arrest is not a crime.KarenSent from my Verizon, Samsung Galaxy smartphone

    Liked by 2 people

    Comment by Karen Bracken | January 3, 2021 | Reply

    • All we can do is lay out the Truth. Yes, our legislators are, for the most part, worthless.

      But a crime is a crime regardless of whether the person is arrested. It is an indication of our moral decline that we do NOTHING when crimes are committed; but we prosecute people who have committed no crime (such as bakers who don’t want to bake the cake for a homosexual “marriage”).

      But don’t think that a crime isn’t a crime because the person gets away with it! Yikes! that is a destructive mindset.

      Liked by 1 person

      Comment by Publius Huldah | January 3, 2021 | Reply

      • Well we will have to agree to disagree on that philosophy. I was not surprised by your response. Why bother calling a crime today a crime when our own judicial system refuses to hold anyone accountable. Might as well just call the crime an exercise in poor judgement. Committing a crime today has almost become a badge of honor for some. A right of passage. A very timely article I just got in my email. ….

        Like

        Comment by Karen Bracken | January 3, 2021 | Reply

        • Think about what you are saying!

          Was no election committed BECAUSE AG Barr refused to prosecute it? Does the fact that he refused to do his Constitutional duty convert the massive election fraud into an honest election?

          Our Country is in terrible peril – we need Patriots to put on their thinking caps and keep them on 24/7/365

          Like

          Comment by Publius Huldah | January 5, 2021 | Reply


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