Testing our Independence

And the independent state legislature doctrine

ganpy
4 min readJul 4, 2022

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“Today, we answer this question: does our state constitution recognize that the people of this state have the power to choose those who govern us, by giving each of us an equally powerful voice through our vote? Or does our constitution give to members of the General Assembly, as they argue here, unlimited power to draw electoral maps that keep themselves and our members of Congress in office as long as they want, regardless of the will of the people, by making some votes more powerful than others?”

- Justice Robin Hudson, North Carolina Supreme Court

“We hold that our constitution’s Declaration of Rights guarantees the equal power of each person’s voice in our government through voting in elections that matter.”

November, 2024

It’s Biden vs DeSantis.

Biden gets 81.5 million votes and DeSantis gets 71.7 million votes.

But hey, this is America, where the constitution has already been designed to endure and uphold white male dominance of the land-owning kind. So yeah, it comes down to electoral votes, certification, and hopefully “no coup” before the the next president is sworn in.

Now let’s look at this scenario.

As CNN, Fox News, and MSNBC are reporting, the electoral college map is identical to the 2020 map.

306–232 in Biden’s favor.

Stage is set for the congressional certification day and then Biden would be sworn in for one more term.

But wait!!

CNN and other networks decide they won’t project Biden as the next President yet. Because they want to wait for the individual state legislatures to certify the results. This usually happens a couple of weeks after the general election.

First up, Arizona.

Although Biden has won the popular vote in Arizona, their GOP controlled legislature decides that it can overrule the popular vote based on the latest SCOTUS ruling and awards the state’s 11 electoral votes to DeSantis instead of Biden.

Within a couple of hours, there is breaking news everywhere that 5 more states have decided to follow Arizona’s path.

All these Republican-controlled legislatures where Biden has won the majority of the votes, just like he had in 2020 — Georgia (16 electoral votes), North Carolina (15), Wisconsin (10), Michigan (16), and Pennsylvania (20), have now decided to award their electoral votes to DeSantis instead of Biden.

Because SCOTUS has said they could do so. Each of the above states has followed Arizona’s lead and their legislatures have awarded their electoral college votes — even though Biden won the popular vote in each state — to DeSantis.

Thus, a total of 88 electoral college votes from those six states have moved from Biden to DeSantis, who is now declared the winner.

CNN announces DeSantis will be the next President.

There is pandemonium all over the country. Millions have taken up to the streets to protest the death of democracy in broad daylight. The protesters are met with Republican and white supremacy affiliated militias, who have been waiting for a moment like this. Yes, these Republican mercenaries are heavily armed. Thousands die on the streets. The police begin to round up the surviving “instigators,” who are charged with seditious conspiracy for resisting the Republican legislatures of their states.

On January 20th, 2025, President DeSantis is sworn in as the 47th President. He assumes office and gives a prime time speech from the White House the next day, to address the nation about the ongoing demonstrations around the country. During the speech, he declares a permanent state of emergency, and suspends future elections in all forms and in all states with immediate effect.

This is not fiction. When SCOTUS takes up the Moore v. Harper case next year, the above scenario is entirely possible.

This SCOTUS can claim it’s very much constitutional for the state legislatures to throw away the popular votes and decide on their own who their electoral votes should go to.

How?

Because the constitution doesn’t protect popular vote or the will of the people. There is no mention of it in the constitution.

WTF you ask?

Well. Constitution is not the hallowed ground that you have been made to believe. But that’s for another post.

For now, be worried about the vulnerability of our democracy and the fragility of our freedoms.

On that note, Happy Independence Day to the land-owning white American men for they will be the only ones who can continue to celebrate their independence!!

For the rest of us though, well, if the damage caused by this SCOTUS in 2022 is not enough, we can be assured of the permanent death of our independence and voices, gradually, one step at a time, beginning with the SCOTUS ruling in favor of Moore next year.

You may read more about the Moore v. Harper case here and why SCOTUS deciding to take it up should worry us.

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ganpy

Entrepreneur, Author of "TEXIT - A Star Alone" (thriller) and short stories, Moody writer writing "stuff". Politics, Movies, Music, Sports, Satire, Food, etc.