Illegal Government
The Insurrection is Still Happening
From a Google Image Search - Britannica
It is my firm belief that America is in the clutches of an illegal government. The insurrection never ended. It was the first stage of a government takeover. This fake government is about to pretend to celebrate 250 years of our democracy as we are experiencing the death knell of that democracy/republic.
If people can be defined as “illegal,” certainly a government can be defined as illegal. America is not Hungary and Trump is not Orbán, yet Trump and his cronies and his enablers are using the Orbán model to shut Democrats out of governing and install an extreme right-wing dictatorship.
Jack Smith, in his recent appearance in a congressional investigation (kangaroo court), all but declared Trump an insurrectionist.
https://www.axios.com/2025/01/14/trump-jan-6-report-jack-smith
“President-elect Trump allegedly spread “demonstrably and, in many cases, obviously false” claims about his 2020-election loss in an effort to overturn results, special counsel Jack Smith alleged in the final report of his investigation, published early Tuesday.”
“Why it matters: The Justice Department closed its investigation in the face of Trump’s November election win, but Smith maintains in the report he would have secured a conviction in the case if it had gone to trial.”
Trump is still spreading false claims about his 2020-election loss. He sent the FBI and Tulsi Gabbard (National Intelligence) to Georgia to bring Georgia’s 2020 election documents to DC, so that his DOJ can go through them. It is believed by media folks that he plans to claim that there was foreign interference in the election to justify “nationalizing elections.” The US Constitution unequivocally gives the states all responsibilities for elections.
Conservatives and Evangelicals, who have been behind the insurrection and the coup (government takeover) were at first reluctant to let Trump lead the way. In the end, since these groups had no candidate who was as much of a cultural celebrity as Trump, they gave him their blessing (literally). He may make them clutch their pearls from time to time, but he has delivered on the changes spelled out in Project 2025.
According to Merriam-Webster, an insurrection is “the act or an instance of revolting against civil or political authority or against an established government,” often implying an armed uprising that is a form of rebellion or revolt against ruling power, differing from a riot by its organized, political nature.(AI)
Key elements of an insurrection as written into law, section 2383, the prosecution must establish the following elements: The defendant knowingly incited, engaged in, or gave aid and comfort to a rebellion or insurrection. The rebellion or insurrection was against the authority of the United States or its laws.
https://www.thefederalcriminalattorneys.com/rebellion-or-insurrection
So I further contend that if you can have a bloodless coup, then an insurrection or a plan to take over a government can continue in a bloodless or bloody fashion, allowing us to conclude that Trump is still an insurrectionist, as are all his cabinet appointees, and they are a false government, and can be removed according the Section 3 of the 14th Amendment.
Section 3 Disqualification from Holding Office
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
No one has control of 2/3s of each House of Congress, so this disability has not been officially removed.
Colorado tried to leave Trump off the ballot in 2020, but they lost a Supreme Court case.
Reversing the Colorado Supreme Court’s decision in Anderson v. Griswold, the United States Supreme Court held, per curiam, in Trump v. Anderson, that states cannot determine a candidate’s eligibility for federal office under Section 3 of the Fourteenth Amendment. In Anderson v. Griswold, the Colorado Supreme Court had held former President Donald J. Trump to be disqualified from holding the office of President under Section Three of the Fourteenth Amendment on the grounds that he hadengaged in insurrection. As a consequence, the Colorado Supreme Court held that the Colorado Secretary of State could not include President Trump’s name on Colorado’s 2024 presidential primary ballot.
In reaching its decision in Trump v. Anderson, the U.S. Supreme Court observed that Congressenjoys power to enforce the Amendment through legislation pursuant to Section 5 of the Fourteenth Amendment and reasoned that Section 5 grants Congress alone the authority to provide for the enforcement of Section 3 against federal officeholders and candidates. The Court noted, however, that states retain concurrent authority to enforce Section 3 with respect to state offices.
To get into the weeds on the pre-modern interpretation of Section 5 and the modern interpretation of Section 5, go here
https://constitution.congress.gov/browse/essay/amdt14-S5-3/ALDE_00000852/
When the conspirators in the right wing (Republicans, conservatives, evangelicals, tech billionaires, corporate billionaires, and Trump cronies) joined together to overthrow what they despised as liberal tendencies in America, they needed to invent a legal-sounding ideology to justify insurrection and sedition. They have used language creatively to make their illegal policies sound as if they are based in our history. The ideology they came up with was called Originalism and suggests that inarguably current America is not at all the America our founders foresaw. They say that from the twenty-first century, they are in a position to channel our forefathers and explain what our documents (Declaration of Independence, US Constitution) really mean. They claim that a careful rereading of The Federalist Papers will tell you all you need to know. The problem is that two points of view are reflected in The Federalist Papers and Originalists are going with the view that lost.
Sedition
18 U.S.C. 2384 seditious conspiracy law makes it a federal crime for two or more people to use force against the government.
Simply put, 18 U.S.C. 2384, known as the crime of seditious conspiracy, makes it a federal crime for two or more people to conspire to use force to levy war against the U.S. government, oppose the government’s authority, prevent or delay the execution of any U.S. law, or forcibly seize U.S. property.
https://www.thefederalcriminalattorneys.com/seditious-conspiracy
The Takeover Conglomerate has taken to dreaming up new policies with catchy titles to give their seditious activities the gloss of legality. (Just like my invented term, Takeover Conglomerate).
(For the nerds)
Constitutional originalism, a prominent legal theory espoused by many conservative judges and legal thinkers, including a majority of current Supreme Court justices, promises to uphold the U.S. Constitution by recovering what the document meant at the time it was written. Originalism’s adherents say it produces objective legal rulings. As Supreme Court Chief Justice John Roberts often puts it: The job of judges is to call balls and strikes rather than to shape the law according to their own sense of what is best for society.
Jonathan Gienapp, an associate professor of history in the School ofHumanities and Sciences and of law at Stanford Law School, argues in his new book, Against Constitutional Originalism: A Historical Critique(Yale University Press), that originalists fail to live up to this claim. They have staked constitutional interpretation to history, but they do not take that history seriously – in particular, they fail to appreciate how earlier constitutional assumptions diverge from modern constitutional thinking. By misunderstanding how 18th-century Americans conceptualized constitutionalism, originalists end up inventing history rather than recovering it. This scuttles their claims that their constitutional theory is more objective and, therefore, more faithful to the true Constitution than competing theories, Gienapp maintains.
For originalists, “free” usually suggests freedom from government regulation.
Here’s a creative term ruled acceptable by the Heritage Foundation iteration of the Supreme Court:
Unitary Executive Theory
The Unitary Executive Theory posits that Article II of the U.S. Constitution vests all executive power solely in the President, granting them absolute authority to direct, control, and remove any official within the executive branch, including independent agencies. This theory argues that congressional limitations on the President’s removal power or control over agency operations are unconstitutional. AI
Arguments For: Advocates argue it ensures accountability, as the President is the only executive official elected nationwide, preventing a “fourth branch” of unaccountable agencies. It traces its roots to the Constitutional Convention’s desire for a single, energetic executive.
Arguments Against: Critics argue it violates the separation of powers by reducing Congressional check-and-balance authority. It is seen as promoting a “dictatorship” or “imperial presidency” by bypassing established legal and bureaucratic constraints.
AI
Since our democracy/republic has never run on this principle, to do so now should require an amendment placed before we the people. That did not happen. The Supremes do not write laws; they simply interpret them. Congress writes laws and Congress did not write this one.
Here’s s’more:
Deep State Theory
The Deep State Theory: A theory promoting the idea that a non-elected, secret network of bureaucratic, military, and intelligence officials works independently to undermine the elected president’s agenda. It is often used to justify massive restructuring of the civil service (such as “Schedule F” appointments) to ensure loyalty to the executive.
Independent State Legislature Theory
Independent State Legislature Theory: A theory suggesting that the Constitution gives state legislatures, rather than state courts or constitutions, nearly exclusive authority to regulate federal elections.
Technofascism / “NRx” (Neo-reactionary movement): An ideology that seeks to redefine the state along the lines of a corporation, often governed by a “totalitarian CEO.” This view aligns with some Silicon Valley right-wing thought, favoring authoritarianism driven by technocrats and a disdain for democratic oversight.
Anti-Administrative State/Non-Delegation Doctrine: A legal doctrine pushed by conservatives that seeks to invalidate many federal regulations by arguing that Congress cannot delegate its legislative power to executive agencies.
The “Imperial Presidency” Embracement: While historically a critique from the left, some modern conservative thought has embraced the idea of a powerful,, and largely unchecked executive in areas of national security and immigration, viewing the president as a “king above the law” in his official capacity.
The “Conspiracist Theory of Power”: Viewing government as a battleground between legitimate authority and “malevolent actors” plotting against society. This framework justifies aggressive, non-traditional actions to dismantle perceived opposing power structures.
AI
Trump is itching to try some very creative applications of the Insurrection Act of 1807 to declare all the people trying to save democracy as the enemies of democracy, as “domestic terrorists,” so that he can bypass the Posee Comitatus laws which prohibit using the military domestically, to impose absolute rule through an all-encompassing “reign of terror”. He may not understand humor, but he has a perfect grasp on irony. Clint Eastwood would be so proud. “Make my day!”
The BBC
The US government has traditionally worked to limit the use of military force on American soil, especially against its own citizens.
The Posse Comitatus Act of 1878 was enacted to restrict the military from acting as domestic law enforcement. In times of unrest, states typically deploy the National Guard themselves to help maintain order.
Since returning to office, Trump has expanded his authority by declaring national emergencies - which gives him access to powers and resources that are normally restricted.
He has used this authority to impose tariffs and, more controversially, to take action on immigration and deploy federal officers, the National Guard and even active-duty troops to cities including Washington DC, Los Angeles and Memphis.
In March, following his emergency declaration at the border, Trump invoked the rarely used Alien Enemies Act of 1798 to deport migrants he alleged were gang members. A series of legal challenges followed, with the Supreme Court putting some temporary limits on its use.
If Trump chooses to invoke the Insurrection Act, it remains unclear what legal challenges he might face.
The following is from a report written by Zoe Lofgren, who, fortunately for us still has all her spectacular faculties, about Project 2025, the war plan of the Takeover Conglomerate, the people who interpret Trump’s worst behaviors as legal policies which they are not.
Report
The 2025 Presidential Transition Project, also known as Project 2025, is a detailed plan for Trump and MAGA Republicans to gut checks and balances, take over the government, and impose their agenda.
Armed with Project 2025, infused with absolute immunity from the MAGA Supreme Court, and unrestrained by the checks and balances that safeguarded certain rights and freedoms during the first term, Trump would have everything he needs to enact a radical MAGA takeover. Trump’s Project 2025 will imbue Trump and his inner circle with unprecedented control over our lives.
(For the Nerds)
Summary of Policy Agenda
Guts Checks and Balance
Political Purge of the Civil Service
Seizes control of independent Agencies (Federal Reserve, FDA, FCC, CIA
Weaponizes the Justice System ends independence of DOJ, FBI, White House
Usurp the Power of the Purse-resurrect the Impoundment Act -president can unilaterally block congressionally mandated spending
Undermines Congressional Oversight
Threatens Personal Freedoms and Rights
Slashes Reproductive Freedom in Every State
Attacks LGBTQ+ Americans
Undermines Racial Equality
Rolls Back Women’s Rights
Mass Detainment and Deportations
Deploys Military Domestically to Quash Protests
Curtails Free Speech
Outlaws Pornography and Bans Books
Hurts Middle Class and Working Families
Ends Social Security and Medicare as we know them
Raises prescription drug prices
Guts Medicaid
Cripples Public Education
Eliminates Head Start
Slashes food assistance
Ends overtime pay
Raises taxes on middle class and cuts taxes for wealthiest corporations and individuals
Increases housing costs (Trump’s 50-year mortgage)
Multiplies the costs of higher education and blocks student debt relief
Rolls back labor protections
Abandons our Veterans
Puts Americans in Greater Danger
Destabilizes the economy
Hurts Election Integrity (eliminates CYBERCOM)
Damages Allies and Global Stability
Undermines National Security
Undermines Public Safety
Threatens Consumer Safety
Endangers Critical Health Research
Limits Life-Saving Weather Alerts
Reverses Climate Action
The 2025 Presidential Transition Project is being organized by The Heritage Foundation and builds off Heritage’s longstanding ‘Mandate for Leadership,’ which has been highly influential for presidential administrations since the Reagan era. Most recently, the Trump administration relied heavily on Heritage’s ‘Mandate’ for policy guidance, embracing nearly two-thirds of Heritage’s proposals within just one year in office.” [About, Project 2025,
accessed 6/24/24]
You can think of the lists above as check lists to get an overview of what has already been accomplished.
In conclusion:
We have people running our nation who are insurrectionists, who planned a government takeover and executed it right in front of our eyes by exploiting a weakness of our democracy/republic which has to do with enforcement of our laws. Suppose a group of people sets out to become a majority/minority party and succeeds, and this group keeps in power someone they know will obstruct any opposition in our Congress. Suppose they show us that our guardrails only work if citizens allow them to work (14th amendment, impeachment, 25th amendment, checks and balances, a Supreme Court that rules by law rather than politics, and lower courts that do not take sides politically) and then we find that there is no enforcement mechanism beyond we the people. What are we the people to do?
With Trump threatening to place armed ICE agents at polling places and to have the federal government take over the 2026 midterms, we are exactly like the people in Orbán’s “illiberal democracy.” Except that Americans have 250 years’ experience living in a democracy. We do not want to live in a dictatorship. We know that this is an illegal, ersatz government. If we knew we had military forces on our side, we could round up these imposters and ship them off to one of their lovely deportation warehouses until we found somewhere to put them where they could not try to overthrow our democracy/republic again. We can keep expressing shock at each new policy or we can honor our Constitution and take our government back. We don’t have decades to design a plan, but we don’t need decades. We already had a great plan. While we agree that the US Constitution might need adjusting in the future, this is not the time to upgrade.
Perhaps our Democrats in the House and Senate could walk out and make it very clear to everyone who was setting policy these days. They could join with the governors and attorney generals who still honor their oath to our Constitution and find some creative new three-word initiatives to find ways around the Takeover Conglomerate. Or we could stay chained in oppression for the foreseeable future. Whatever happens we know that this is not our real government.
Your analysis and research are spot-on. It is precisely why I wrote a new Constitution that effectively eliminates the executive branch for a myriad of reasons. My series of posts explaining the Constitution of The People's Elysian Existence (TPEE) (https://insidethemargins.com/tpee-constitution) is about ensuring that there will be NO KINGS FOREVER. The TPEE Constitution is based on the UDHR (United Nations Declaration of Human Rights), which is the foundation of democracy. The rule of law is king, and enforcement is by the people and for the safety of the people from arbitrary rulers. A society managed by qualified professionals, constrained by a strong Constitution of the twenty-first century.