Example of Fighting with a Local LKetter to the Editor:

Joe Gourley, who purported to be from Spring, Texas, is supposed to have claimed that Kirk Johnson's "Logic was flawed" in last week's Clarion News. Perhaps it is being from Texas, or maybe from just bing a blind partisan, however, Joe seems to have no more grasp on the facts of this case than he has on the nature of logic or arguments. While it is true that he quarrels and asserts his prejudices, it is not true that he presented arguments or used any logic.

So that Gourley's piece may be balanced by fair arguments, I will review each of the claims that that writer put forth on my web site for those of you who don't recognize Joe's lies. As the non-partisan provisional candidate of the Bull Moose Progressive Populist Reform Party for President in 2004, I have no love for Al Gore and I know it would be to the advantage of our party to have the dolt Duh?bya in the White House.

However, as a Constitutional Conservative, I can not condone anyone trying to steal the Presidency, especially a ticket which constitutionally can not receive Texas' 28 electoral votes, regardless of what happens in Florida. For even if Bush's Bubba manages to run out the clock to keep uncounted and uncertified votes for Gore (which had been run through a machine twice which failed to count them twice) from being counted and certified, Bush and Cheney can not constitutionally be elected President and Vice President. So without refuting Joe's nonsense about Florida here, I merely need to point out that the Twelfth Amendment will not allow Texas' electors constitutionally to vote for the Bush-Cheney ticket.

The Twelfth Amendment of the Federal Constitution says that all electors including Texas' electors in this case:

"shall...vote...for President and Vice President, one of whom, at least, shall NOT be an inhabitant of the same state as themselves..." [emphasis added].

Yet by Texas law, from what I am told, the Bush-Cheney electors are required to vote for both Bush and Cheney, the two men who received the highest number of votes for President and Vice President in the State's election. Therefore, they can not constitutionally cast votes legal by state law for the Bush-Cheney ticket. The federal Constitution trumps state law, and state law does not allow them to vote for one without the other. Ergo, Texas' electors can not count in the Electoral College. If that case is recognized and respected, Gore will be our next President, independent of what happens in Florida. The case is wending its way through Texas courts ultimately destined to go to the Supreme Court.

Cheney would like to lie his way around this, but his excuses are inexcusable. I do not advocate strict constructionism, but there is no alternative to recognizing the letter and intent of at least this clause of the Twelfth Amendment. It was designed to prevent any single state from gaining overwhelming representation in the executive branch. Originally, the other states feared that Virginia's and Massachusetts' sons would dominate the federal government (which they did for the first half century of our federal Republic. The other states feared that those states sons would bend the federal government to the interests of the people of their state at the expense of the interests of people in other states if her sons were allowed to hold both offices concurrently.

Both Bush and Cheney now have backgrounds in the oil business in the state which has been the place of habitation for both of them for the last eight years, more or less. That and they violate precisely those concerns which led to the creation of the Twelfth Amendment. This is not a simple technicality that the Supreme Court can wink at. It is an essential matter that requires them to disallow Texas electors whether they want to or not and whether they will or not out of partisan motives.

Our forefathers, after the debacle of the 1800 election found it necessary to revise election procedures in the 1804 Twelfth Amendment to the Constitution to try to prevent this sort of thing from happening. Bush and Cheney no doubt thought that no one with any knowledge of the Constitution was looking when Cheney resumed his voter residency in, but did not become an inhabitant of, Wyoming, last summer.

It does not really matter that he probably provided false information to get the state to grant him voter residence. It remains the case that he has been an inhabitant of a city in a state where his cars are registered and he pays taxes and has voted whenever he has voted and had his actual habitation for nearly all the last 8 years.

Where Cheney voted this Fall is irrelevant since Texas electors can not constitutionally vote for him, not because of a violation of state law but because of violation of the prohibitive clause in the Twelfth Amendment of the federal Constitution that makes it impossible for them to vote for two men were inhabitants of their state during and before the last election.

No matter where Cheney does or does not have voter residence, his place of habitation has been in Texas, in a house that he just put on the market in premature speculation that matches his premature ejaculations that he will be moving permanently into the Naval Observatory in the Washington DC suburbs to be Vice President. It is the facts of habitation, not legal fictions such as "voting residence" that must rule according to the wording and intent of the Twelfth Amendment.

If the Supreme Court fails to uphold the Constitution for partisan reasons, it is the responsibility of the President, who has sworn to uphold, to defend and protect, the Constitution, to step in and do whatever he has to do to prevent the subversion of the Constitution by the Supreme Court. A strong and true President would willingly suffer political impeachment by the partisan Congress if necessary as a result. If the federal Constitution and the laws and Constitutions and legal processes of both the states of Texas and of Florida are followed correctly, Gore will be the next President by right.

The fact that Clinton is a wimp who could never have the strength of an Abe Lincoln or Teddy Roosevelt to step in to set things right according to his Oath of Office, is no measure of what he should do, or what is right--and what history will show was the correct thing to do in this case.

Given the absolute clarity and certainty of the premises and logic of my argument, any patriotic partisan of our Constitutional Government will already be in the streets if the Electoral College allows Texas electors to cast ballots. Should they do so, and should the Supreme Court and the President fail to stop that mockery of our democracy, no academic arguments that clearly show that Gore won Florida as well as a 350,000 vote plurality of the popular vote in the whole country will matter. Those partisans against our Constitution will already have shown their true colors: that they do not want a fair count. The rest of us will have shown that we count for fairness!

My academic arguments which show that Gourley prostituted his arguments and logic by quarreling for prejudiced opinions instead of preventing evidence and using logic, I will display on my Carrion Noose and Carrion Moose Call at my website at http://geocities.datacellar.net/chiefbullmoose

Feel free to respond to me at edromar@hotmail.com.

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