Republicans May Need to Bypass Supreme Court

What, then, do we do? The forces of good, in this case the Republicans, must deepen the crisis. But will they? In the Orient, it is said that "a crisis is an opportunity." Oh, what an opportunity the Republicans have.

To do what? To take back the Constitution from those who have for two hundred years called it a "living document" and thus a document whose plain words are to be rendered nearly meaningless by judicial activism and attempts, primarily by the judicial branch, to remake America in its own image.

The Republican Party can remake America in the Founders' image by applying the law.

Title 3, Section 1 of the United States Code, enacted by Congress, states the following:

The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.

What was the date for appointment of the electors to the Electoral College this year? Answer: November 7, election day.

Title 3, Section 2 then states:

Failure to make choice on prescribed day

Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law [again, November 7], the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.

We are presently in the midst of a "subsequent day" and will be until the electors are appointed.

The liberal/activist Florida Supreme Court has given the Republican Party, and with it George W. Bush, an unintended gift: By ordering, on its own motion, the Secretary of State not to certify the election this past Saturday, the high court has ordered a failure to appoint the electors.

The ordered failure triggers the fail-safe mechanism. The "default setting" chosen by Congress is the Florida Legislature, which is overwhelmingly Republican by a nearly 2-1 margin in both the House and the Senate.

Therefore, should the Florida Supreme Court do the wrong thing and order Secretary of State Harris to certify the election using the fraudulently obtained votes, she can do, under law, what I recommend she do: Refuse to certify the election for Gore and turn the matter over to the Florida legislature. This will then both deepen the constitutional crisis and resolve it at the same time.

But only if the Republicans have what in South Florida we call "cajones."

What can the Florida Supreme Court do to stop Secretary Harris and the Florida legislature from playing out the above scenario? Well, they can hold Secretary Harris in contempt of court and order her jailed until she complies with its order, an order that will itself violate the state elections statute.

But who heads the state police in Florida, the police that would arrest her? Why, that would be Gov. Jeb Bush.

Mel Brooks said in "The History of the World": "It's good to be the king." And it is, right now, good to be the governor.

As Hitler blitzed through Europe, the Pope complained. Word of his complaint got back to Hitler. Hitler's response: "How many divisions has the Pope?"

The Florida Supreme Court has no divisions. The governor does. The difference this time around is that it's the Florida Supreme Court that has the power to blitz the Constitution.

Go ahead, Supreme Court: Make our day! You will, if you try to steal an election, rob yourself of the power of your robes.