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E 11-2020        November 2-9th, 2020

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Yes, He Can’t

By Phil Drucker

There is a great deal of constitutional consternation within our nation as to whether the President can unilaterally postpone the date of the presidential election. Consternate (if that is a word) no more. He can’t. Article II of the Constitution clearly gives the Congress the sole power to set the day of presidential elections.

Article II, §1, cl. 4 of the Constitution of the United States: “The Congress may determine the Time of chusing the [Presidential] Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States”.

As) with all things Constitutional, there are always a great deal of (let’s call them possibilities but, in most instances, hardly) probabilities that could occur. For instance, Congress could amend the applicable federal statute and delegate its Article II, §1, cl. 4 to the President, but under the current situation this seems about as unlikely a scenario as we are likely to get.

This is not to say our future, if he gets his way, Ddictator and his minions won’t try every dirty trick in the book. On many occassion, Trump has shown a lack of respect for the rule of law,  and, I might add, the sanctity of words. Repeatedly, he has brought new meanings to “emergency” as in emergency presidential powers, a constitutionally viable concept to be sure, but, Q: When is an emergency not an emergency? A: Whenever TrumpedUp & Tawdry tries to use it.

Admittedly, the Covid-19 virus is worthy of at least cursory review as a reasonable basis to move, or even suspend the presidential election. However, seeing how the Civil War, WWI or WWII did not prevent America from voting, and for those of you who prefer rational thought, the sooner we get rid of the Orange Clown and his cadre of miscreants the more likely we are to contain and eventually defeat the Virus that, as of this writing, is for the most part still large and in charge of its own destiny and that, my friends, is not good.

As I have said before, the one thing Trumpus Noreadicus got “right” was when it comes to the Coronavirus, with or without salt and lime, any virus, “It is what it is”. Believe me (not him) when I say no truer words will be spoken by the imbecile in pursuit of his agenda. He remains blinded by his own ignorance and arrogance, a very bad combination for someone supposedly tasked with protecting the country, both foreign and domestic to be sure.

Not that our well-being as a nation has ever been even a slice of T-Rump’s presidential pie-hole chart of things to take seriously, much less do. What amazes me about his agenda  - is you should think - as even a broken clock is right once a day - and that, at least, some (or one) of his dirty deeds not done cheap would “backfire” on him and produce a positive result for the American people. But no, it is not to be. Everything he touches he makes worse. King MidASS in reverse. The alchemist who turns lead into radioactive isotopes and then sells them as a miracle cure for the Covid-19 virus. For after all, a little radiation is good for what Roger Ailes you, isn’t it? Don’t get out fauxed now, you hear?