Nullification of the 2016 Election and a Writ of Mandamus

I know that many are wishing we could go back in time and have a do-over on the 2016 election.  While some voted with expectations that the choice was more or less morally equivalent, and both candidates were defective in some way. Enthusiasm was less than hate for the one they didn’t choose.

I think many will now admit they would see this in a different light.  There’s talk of impeachment in some circles, but that also comes with different perils. It might only change the captain, but not the course of the ship.

While no one was looking, three citizens took a course that no one has ever heard of – filing a Writ of Mandamus with the Supreme Court.  In layman’s terms, it basically says that the Judiciary Branch of our Government has a Constitutional Duty to protect the United States of America from threats from a foreign power.  They filed on January 17, 2017.

To the surprise of many, the Supreme Court took up the case.  And, the next hearing is on March 17, 2017 – just a week from this post.

While all observers give this a very low chance of success, it’s certainly a civics lesson in a check and balance on powers in our government that rarely get brought up in the few high school classes we all take to learn about our system.  Even if it’s a failure, it’s something we should all learn about – because the idea that it can’t happen is running up into the increasing likelihood that it did actually happen.

Part of the brilliance of our Founder’s design was that they left many possible ways to undermine tyranny.  While some of these are obscure, and have never been used, it’s like the shotgun you never thought you’d need until there’s a crash through the window in the middle of the night. It’s time to, at the very least, clean that sucker so it doesn’t jam up at the moment it’s most needed.

You can read about the history of this case on the Daily Kos, and keep up with the docket on the Supreme Court’s website.

Leave a Reply