Presidential Executive Orders for Constitutional Enforcement

What if a president took his oath of office seriously, exercised independent judgment about constitutional meaning, and started issuing executive orders (including interpretive reasoning) declaring existing statutes unconstitutional that order his administration not to enforce those unconstitutional laws?

If there is anything that the new DOGE (Department of Government Efficiency) that includes Elon Musk, Vivek, and maybe Ron Paul could do to downsize the federal government, it would be to persuade the president to simply stop enforcing unconstitutional federal statutes.

The oath the Constitution requires any president to take is:

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

Early in our Republic, the U.S. Supreme Court started with the self-serving assertion that they were final arbiters of Constitutional meaning. But the Constitution does not say that. That is an interpretation the Constitution. Using circular logic, SCOTUS has interpreted the Constitution to say that they are the final interpreter.

It is true that because SCOTUS swears the oath that every governmental official takes to the Constitution, each justice should use his or her best judgment to understand and apply the Constitution, but so should every other actor, including the president.

Madison and Jackson certainly thought so. They said so in messages to bills they vetoed. We degraded over time, however to presidents who refused to use constitutional reasoning in their decisions. George W Bush, for example, infamously said that he would sign McCain-Feingold and let SCOTUS determine its constitutionality.

The most earthshaking question a modern president can answer is whether his oath allows him to enforce statues, regulations, or judicial opinions that he understands to be unconstitutional.

To answer that precedent trumps a president’s oath is the way we have ratcheted ever farther away from the limits the framers placed on the central government. Once one set of bad actors in time have strayed from the limits of the Constitution, deference to precedent instead of the Constitution allows the Constitution to be perpetually violated and power to be inexorably centralized.

What are the most important constitutional principles have been violated over time that, if enforced, could create transformative change?

• Stop the feds from exercising unenumerated, undelegated power. (E.g., regulating the environment and engaging in education are not powers delegated to the central government, but rather are reserved to the states.)
• Reverse the complete gutting/replacement of the interstate commerce clause – the Constitution allows the feds to “regulate Commerce” “among the several States.” One of the worst SCOTUS decisions ever, Wickard v Filburn amended by judicial opinion those limiting words to allow the feds power to regulate anything “affecting” commerce.

Now may be the time that a president can set us on a new course that puts the power of the central government back in the Constitutional box. Executive orders by the president to enforce the Constitution can save the Republic and truly Make America Great Again.

P.O. Box 130012, Tyler, TX 75713

182 Grassroots Leaders Lay Out the Case:

Plea for Governor Abbott to Call a June 2024 Special Legislative Session
to Secure Our November 2024 General Election

June 13, 2024

The Honorable Texas Governor Greg Abbott Office of the Governor
P.O. Box 12428
Austin, TX 78711-2428

Electronic dispatch to: Steve Munisteri, Senior Policy Advisor; Gardner Pate, Governor’s Chief of Staff

Dear Governor Abbott:

We, the undersigned, urgently join with Republican Party of Texas Convention delegates from all 31 State Senate Districts – representing Republicans from across Texas – who passed the following Resolution 7, for ELECTION INTEGRITY ENFORCEMENT and ENSURING THAT ILLEGAL ALIENS ARE NOT VOTING IN TEXAS, found on page 42 of the 2024 Republican Party of Texas Platform:

1. Special Legislative Session: The Republican Party of Texas calls upon Governor Abbott to call a special session in June 2024 to address election integrity and other Specifically, the call should include the following items:
   1. Legislation to implement independent, state-level prosecution of election integrity; to address abortion, human smuggling, sedition, and riot; and to respond to the Court of Criminal Appeal’s ruling in State v.
   2. Legislation to require proof of citizenship for new voter registration and a thorough review of existing voter rolls to identify and remove illegal aliens, other non-citizens, those with unauthorized non-residential addresses, and long-time inactive voters from the voter rolls.

We also underscore that these two items flagged as urgent in Resolution 7 are also covered in the 2024 RPT Legislative Priorities Report under Priority #2.

Governor Abbott, we urge you to immediately call an Election Law Enforcement Special Session. We believe you will agree with us that Donald Trump, Ted Cruz, and the Republican nominees (especially judicial candidates) in large urban Texas counties should not face the November General Election with election cheaters knowing they are unlikely to face any prosecution in Texas counties where Soros-funded District Attorneys will never prosecute cheating and voter fraud.

The following describes the problem, the solution, and the urgency, which should compel you and the Texas Legislature to rapidly, boldly lead the way in protecting the people of Texas:

STATE-LEVEL ELECTION (AND OTHER) LAW ENFORCEMENT

Problem: The 2022 Texas Court of Criminal Appeals’ State v. Stephens opinion prohibiting the Texas Attorney General from independent, state-level prosecution of the violation of election law makes prosecution of election law violations in the high population counties of Texas in 2024 exceedingly unlikely. Any law without enforcement is worthless.

Additionally, there are reports of mass-scale registration of illegals to vote by Biden administration officials and/or NGOs. This may be the new way elections are compromised in 2024.

Solutions:

1)  Legislation to implement independent state-level prosecution of election fraud, public integrity, abortion, human smuggling, sex slave trade, sedition, and riot law in response to and in compliance with the Texas Criminal Court of Appeals’ State v Stephens decision.

The bill that offered a solution in the 88^th Regular Session was SB 1927 (Hughes). For a variant on that approach, see also HB 4026 (Schofield).

With the time we have left, we cannot pass a constitutional amendment. And we cannot timely give the prosecutorial power back to the Attorney General by statute because neither the Democrats nor Republicans in the Texas House who voted to impeach Ken Paxton are likely to restore his prosecutorial power. Wisely, Senator Hughes’ SB 1927 solution creates a State Prosecutor Office under the Texas Supreme Court, following the structural logic of the State v Stephens opinion.

If the bill passes and is signed by early July, the law will go into effect in early October, just in time to give potential cheaters pause before they do so.

2) Legislation to require proof of citizenship for new voter registration and a thorough review of existing voter rolls to identify and remove illegal aliens, other non-citizens, those with unauthorized non- residential addresses, and long-time inactive voters from the voter rolls

Given that these types of amendments to existing law will also not go into effect until October, the cleanup will not likely be done in time for November. But passage, accompanied by independent, state- level prosecution of existing Texas election law prohibiting illegals from registering or voting and prohibiting citizens from knowingly assisting illegals in voting, along with the publicity generated by the passage of these provisions is likely to have a chilling effect on illegal voting and the unlawful exploitation of illegal registration.

Urgency:  Texas is unlikely to have effective enforcement of election law in the largest counties in 2024 without this legislation. Donald Trump and Ted Cruz need our assistance!

Recently passed improvements to the law (enabling removal of recalcitrant prosecutors) are worthwhile, but due to long lead times and narrow removal criteria, these improvements will not work to address the looming 2024 problem.

It is no secret that in certain counties, Texans cannot rely on local prosecutors to enforce the rule of law! Adding state prosecutorial resources for human trafficking, sex slave trade, abortion enforcement and election law violations will no doubt save the lives of children and protect Texas voters from organized vote theft.

Governor Abbott, we remind you that Texas Republican Primary voters overwhelmingly supported the two related Primary Ballot Propositions calling for prosecution of election crimes and requiring proof of citizenship before any individual can be registered to vote. The base of the Republican Party is with us!

The time to protect Texas is NOW, Governor Abbott! We implore you to do so!

 For liberty – for Texas, we the 182 undersigned conservative Texas influencers,*

Tom Glass, Founder/President, Texas Constitutional Enforcement, SD 18

JoAnn Fleming, Executive Director, Grassroots America – We the People PAC; GrassrootsPriorities.com

*Organizations are listed for identification purposes only for the above-signed political opinion leaders who influence thousands of Texans.

CC: Lieutenant Governor Dan Patrick
      Texas House Speaker Dade Phelan

Click here for a PDF version of the letter.

The most important way Texas Republicans can prepare for November is to ensure that election law is enforced in Texas. To that end the RPT State Convention Platform and Resolutions Committee presented this vital resolution to the delegates on May 25, 2024 for a vote:

RESOLVED that the Republican Party of Texas calls upon Governor Abbott to call a special session in June, 2024 to increase election integrity. Specifically, the call should include the following:

1. ELECTION INTEGRITY ENFORCEMENT: Legislation to implement independent state level prosecution of election integrity, abortion, human smuggling, sedition, and riot in response to and in compliance with the CCA State v Stephens.

1. ENSURING THAT ILLEGAL ALIENS ARE NOT VOTING IN TEXAS: Legislation to require proof of citizenship for new voter registration and a thorough review of existing voter rolls to identify and remove illegal aliens, other non-citizens, those with unauthorized non-residential addresses, and long-time inactive voters from the voter rolls.

Note also that similar measures were included in the top “Secure Texas Elections” priority reported by the RPT State Convention Legislative Priorities Committee.

The Soros-installed District Attorneys in the big Texas counties are unlikely to prosecute election cheaters in November. The Court of Criminal Affairs (CCA) has taken away independent, state-level prosecution of election law away from the Attorney General. Donald Trump and Ted Cruz need the prosecution in place by November to provide a credible threat to cheaters, but the lame-duck Texas House that impeached Ken Paxton is unlikely to return prosecutorial power to him.

We have a path forward to election law enforcement without a constitutional amendment and without giving prosecution back to the AG. The solution is to create a State Prosecutor Office under the Texas Supreme Court consistent with the CCA State v Stevens opinion. Senator Bryan Hughes passed such a bill (SB 1927) out of committee in 2023.

While we are at it, to address the alarming warnings that the feds and NGOs under Biden are registering illegals on a mass scale, we need to also send a shot across the bow of the cheaters, reminding them that registering or voting as an illegal and knowingly helping illegals register is a crime in Texas.  Publicity about starting the process of cleaning up voter rolls, especially of illegals is also a vital part of defending the vote in November.

We just need Governor Abbott to call a special session to put these measures into effect in the nick of time in early October. Please contact Governor Abbott using this link gov.texas.gov/contact to urge him to make the special session call.

We expect to get the news that the RPT delegates passed this call on Governor Abbott any day now.

Governor, no law is any good if not enforced! Please give Trump and Cruz every tool needed ensure that Texas is not stolen from us in November.

This letter is being sent to the 2024 RPT Platform & Resolutions Committee members:

Thank you for serving on the 2024 RPT Platform & Resolutions Committee.  As one who served on your body in 2022, I know how much effort it takes to do so.

This letter is to urge you to consider and pass to the state convention delegates two resolutions, one on Border Security and the other on Election Integrity.

Every RPT convention passes a small number of timely, high priority, big impact resolutions that get major media attention. (Last session we stated the truth that the 2020 presidential election was stolen and we condemned John Cornyn for betraying our right to keep and bear arms.)  There is evidence that overwhelming majorities of Texas Republicans care about border security and election integrity and want effective action now – before the general election in November – on both these issues.

Enforce Border Security Without Delay, Despite the Feds Telling us to Delay

Background:

The occupied federal government violates federal border security law every day, using our tax dollars to the benefit of the various trafficking businesses of the cartels.  Governor Abbott has sent multiple letters to President Biden urging him to stop violating the law and protect Texans from the border invasion, stating that Texans have the natural and constitutional right to defend themselves against this invasion and imminent danger that will not admit of delay.

The governor has declared an emergency and using Texas law, the power of commander in chief delegated him by the Texas Constitution, and the concurrent right of defense reserved to Texas in the U.S. Constitution, deployed Texas military and law enforcement to defend Texans. The Texas legislature passed SB 4 last year, creating Texas law that criminalizes entry in between ports of entry into Texas from Mexico, and allowing removal of illegals under certain circumstances.

Because Texas reserves the power to self defense when it concurrently delegates the duty to the federal government, the federal government under the U.S. Constitution cannot preempt Texas from defending the people of Texas when we are in such “imminent danger as will not admit of delay.”

Yet, the cases have been brought in the federal judiciary against legitimate, constitutional actions by Texas to stem the invasion and address the danger, and worse yet, some parts of the federal judiciary are attempting to delay or stay Texas defensive action when they will not admit of delay!

Proposed Resolution (Click here for PDF version:

WHEREAS, The federal government is deliberately acting in violation of federal law to the benefit of cartels in their trafficking businesses to detriment of the citizens of Texas and the immigrants delivered into the hands of the cartels; and

WHEREAS, Untold number of terrorists under the control this nation’s enemies have been embedded into Texas and the United States due to the deliberate violation of federal law and are a clear and present danger to the security of Texans and Americans; and

WHEREAS, Hundreds of thousands of Americans are dying due to deliberate fentanyl poisoning by cartels using Communist Chinese precursors with the assistance of the federal government’s deliberate open borders policies; and

WHEREAS, The federal government’s deliberate violation of federal law is a violation of the constitutional mandate on the federal government in Article IV, Section 4 to protect Texas from invasion; and

WHEREAS, Under Article I, Section 10, Clause 3 of the United States Constitution, Texas is entitled as a sovereign state of the United States of America to protect itself against this current cartel and border invasion. This constitutional authority grants the State of Texas the power to defend the state when the state has been invaded or is "in such imminent Danger as will not admit of delay"; and

WHEREAS, the Texas governor is taking defensive actions to repel illegal border crossings under authority granted to him by the US Constitution, the Texas Constitution, and Texas law; and

WHEREAS, Texas has recently passed SB 4 providing a method of deportation of invaders after due process; and

WHEREAS, Texas has a natural and constitutional right to self defense that is a power reserved to Texas.  Because a power reserved by Texas cannot be legitimately questioned or denied by the agent to which the power is not relinquished, the federal judiciary has no jurisdiction over if, when, or how Texas chooses to defend itself; and

WHEREAS, Texas is in imminent danger of irreparable harm that will not admit of delay and that any federal judicial stay delays Texas in its self-defense, be it

RESOLVED, That the Republican Party of Texas calls upon Texas law enforcement, the Texas judiciary, and the governor to act to protect Texans from the border invasion and imminent danger, enforcing SB 4 and other such measures as the governor or legislature sees fit to protect Texas, without paying heed to any stays or opinions of the federal judiciary or other branch of federal government to the contrary.  

June Special Session for State Level Election Law Enforcement and Stopping Illegal Alien Registration and Voting

Background:

Problems:  The 2022 Texas Court of Criminal Appeals’ State v. Stephens opinion prohibiting the Texas Attorney General from independent, state-level prosecution of the violation of election (and other) law makes prosecution of election law violations in the high population counties of Texas in 2024 unlikely.

More and more reports are coming in that in addition to violating federal law on immigration and border security, federal agents and the federally funded NGOs are also violating federal and Texas law to register the illegal aliens they are processing to vote.

Both Texas and federal law criminalizing a noncitizen registering and voting exist.  And Texas law criminalizes assisting noncitizens in registering to vote or voting.  But Texas law makes it very difficult to remove non-citizens from voter rolls.

Any law without enforcement is worthless.

Solutions:

• Legislation to implement independent state-level prosecution of election integrity, public integrity, abortion, human smuggling, sex slave trade, sedition, and riot in response to and in compliance with the Texas Criminal Court of Appeals’ State v Stephens

The bill that led the way in the 88th Regular Session was SB 1927 (Hughes). For a variant on that approach, see also HB 4026 (Schofield).

• Legislation to facilitate removal of non-citizens from Texas voter rolls and mandates to clean up the voter rolls for inactive registrations and registrations with unauthorized non-residential addresses.

Urgency:

Texas is unlikely to have effective enforcement of election law in the largest counties in 2024 without this legislation. Recently passed improvements to the law enabling removal of recalcitrant prosecutors are worthwhile, but due to long lead times and narrow removal criteria, these improvements will not work to address the looming 2024 problem. It is no secret that in certain counties, Texans cannot rely on local prosecutors to enforce the rule of law! Adding state prosecutorial resources for human trafficking, sex slave trade, abortion enforcement and election law violations will no doubt save the lives of children and protect Texas voters from organized vote theft.

I do not want to have to tell Ted Cruz, Donald Trump, or other Republican candidates on the ballot in 2024 that Texas had the opportunity to effectively enforce election law in 2024, but failed to do so.

Proposed Resolution (click here for PDF version:

WHEREAS, the Texas Court of Criminal Appeals (CCA) 2022 State v Stephens opinion stops the Attorney General from independently prosecuting any crime, including election law, and

WHEREAS, Texas big county district attorneys funded by globalist outsiders like George Soros have demonstrated their unwillingness to prosecute many criminal statutes including election law, and

WHEREAS, Ted Cruz, Donald Trump, and other Republican campaigns need effective election law enforcement for the November, 2024 election in the big counties of Texas, and

WHEREAS, Proposition 10 on the 2024 Republican primary ballot called for one method of achieving independent, state-level prosecution of election law, receiving 89.4% of the vote (even with invited Democrat participation in our Republican primary), and

WHEREAS, existing Texas election law does not mandate proof of citizenship to register to vote and voter cleanup procedures under Texas law make it very costly and difficult to identify and remove illegal aliens from Texas voter rolls, and

WHEREAS, several media sources are alleging that federal agencies and federally funded non-governmental agencies are encouraging recent illegal aliens to vote on a large scale, be it therefore

RESOLVED that the Republican Party of Texas calls upon Governor Abbott to call a special session in June, 2024 to increase election integrity.  Specifically, the call should include the following:

• ELECTION INTEGRITY ENFORCEMENT: Legislation to implement independent state level prosecution of election integrity, public integrity, abortion, human smuggling, sedition, and riot in response to and in compliance with the CCA State v Stephens
• ENSURING THAT ILLEGAL ALIENS ARE NOT VOTING IN TEXAS: Legislation to require proof of citizenship for new voter registration and a thorough review of existing voter rolls to identify and remove illegal aliens, other non-citizens, those with unauthorized non-residential addresses, and long-time inactive from the voter rolls.

Looking forward to seeing you at the convention and working with you . . .

Toward liberty,

Tom Glass
www.txce.org
832-472-4726
X:  @tomgglass
Facebook:  Tom G Glass
Texas Constitutional Enforcement FB group
Texas Legislative Priorities FB group