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OpEdNews Op Eds    H1'ed 12/29/16  

Who Leaked the Podesta and DNC Emails? A Look at the Other Side

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Is the Trump Election "Legitimate"?

I want to watch this more carefully, since it matters. Was the 2016 U.S. presidential election legitimate, in the strict sense of "lawful"? Of course it was. If Mayor Daley's ballot box stuffing in 1960 didn't delegitimize John Kennedy's presidency, and if all of the ballot box stuffing throughout American history didn't delegitimize any of those elections, this one, so far, is legitimate (legal).

It's even legitimate when it comes to the Electoral College and the popular vote. After all, if Clinton had won the College and lost the popular vote, wouldn't she this minute be saying, "Hey, fella, you knew the rules going in. You win the College, you win. You lose the College, you lose. Deal with it."

So in my view, yes, the Trump election is legitimate (legal). But will his presidency be legitimate in the literal sense once he takes office? I highly doubt it. Trump will be in violation of the Constitution as soon as he triggers a charge covered by the Emoluments Clause, and with Republicans in control of Congress, the only constitutional redress is unavailable. This calls the entire government into question, since the situation it creates perverts the Constitution to support a purpose forbidden by the Constitution.

A constitutional coup, in other words, and totally illegitimate, since the founders contemplated the exact opposite. If this occurs, the coup in North Carolina will be replicated on the national stage, with, shall we say, "interesting implications." The phrase "consent of the governed" may turn up in a year or so.

More on this as it develops. Welcome to interesting times.

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A writer who contributes to a number of publications, including digby's Hullabaloo, Down With Tyranny, Naked Capitalism, Truthout and Alternet.

On Twitter — @Gaius_Publius

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