Alex Crisafulli
2 min readFeb 17, 2021

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Thank you for a very interesting analysis. I read it twice and intend to look at it again.

The 2020 election educated most of regarding things we had never been aware of before – such as Safe Harbor Day and the instruments of the 12th Amendment. But the complexity of the electoral system is such that even Alito and Kavanaugh overlooked “that the method of selecting presidential electors should be determined by the ‘normal lawmaking process’ of each state, not by the state legislature alone” – regardless of whether they “didn’t read it” or because they had tunnel vision, or perhaps a judicial philosophy that justifies it in a way that I don’t fully know about.

It is going to take some heavy political lifting to change the electoral system, but attempts must be initiated (perhaps around some variation of the National Popular Vote Interstate Compact) to eliminate the very worst aspects of the electoral system which could have lead to a Trump usurpation of the 2020 election.

Just as most of us didn’t know many of the intricacies of the electoral system before 2020, I don’t think most are aware of how close we came to martial law on January 6 or the full extent of emergency powers available to a president. In many ways, these emergency powers are archaic similar to the way electoral laws are archaic, and they could be similarly misused by a president who loses an election to hold on to power.

It will be necessary to curb such emergency powers so that the ability Trump had to bring us to the brink of martial law on January 6 will not be available to any future president. If anybody doesn't believe we were close to martial law, read The War After the Election [https://medium.com/illumination-curated/the-war-after-the-election-545de96aa4ca?sk=627c55d616d9296af3e398f1686493a4]. A link at the end of it contains legislative proposals to prevent a future president from having such powers available to him or her in the future.

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Alex Crisafulli
Alex Crisafulli

Written by Alex Crisafulli

Creator of Safeguard and The Pledge to Safeguard the Constitution.

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