XXVIIIth Amendment and the Rise of Fascism in the United States of America


Editor-in-Chief in Exile

Signifying the rise of fascism for the first time in the history of the United States of America, Donald J Trump executed a fully preplanned armed insurrection against the constitutionally mandated peaceful transition of power on January 6th, 2022 in an act of Contempt of Congress. The failed coup d’etat’s exposition during the course of the past several months, especially during Congress’ exposition of the crime, demonstrate the absolute necessity to do anything or everything humanly possible to avoid its repeat before the next election for presidency. Donald J Trump’s ability to run for the Presidency in 2024 therefore portends an immense danger of fascism.

The Left Opposition, which seeks to advance the most elite members of the working class to the forefront of the struggle for a peaceful transition of power over not only the means of production but democracy, proposes the adoption of a new Amendment to the Constitution of the United States of America.

The Left Opposition does not pretend to believe for even so much as a second that its members are in a state of euphoria over the prospect of a utopian reform of the current political system within the United States of America. However, the Left Opposition, for whose leisure Plekhanov is a subject of immensely serious study, iterates on his proposition that Salus populi suprema lex esto (Cicero, De Legibus: III,III,VIII), a maxim the profound scholar of Marxism advances or advanced prior to his degeneration at the outbreak of World War I.

It is revolutionary right now to recommend that in response to Donald J Trump’s failed coup d’etat’s the Office of the President be remanded temporarily back to the Constituent Assembly (i.e., Constitutional Convention) in a manner described in the Left Opposition’s proposal for a XXVIIIth Amendment to the Constitution of the United States of America. Roughly, the proposal proposes the presidency’s suspension for a period of 4 presidential terms, while, at the same time, opening the door for assemblies, such as Rank-and-File Assemblies of workers, to exert influence over its suspension and exercise its influence over the executive branch of the government.

Equally so the presidency’s lack of leadership recommends its office for suspension. The Biden administration is a thoroughly reactionary regime. Throughout the course of his administration, Biden has not requested not a single time that either Donald J Trump or any member of his dictatorial entourage become the subject of a federal indictment for treason or Contempt of Congress. In terms of international foreign policy, Biden ordered more than 50 billion dollars worth of military equipment (i.e., the equivalent of what could constitute more than 50,000 jobs at unicorn startups) to Ukrainian military forces in its continuously bellicose provocation of war against Russia’s Vladimir Putin, against whom Biden openly seeks to execute a plan for regime change, while the vast majority of America’s working population must pay an obscenely high amount of money for bare necessities such as fuel, food or baby formula amidst inflation that is spiraling out of control. Despite being the democratically elected president, neither Biden, who shakes hands with the air after his speeches, nor his administration, appear to have a clear direction for escaping the rise of fascism, recession or war. His policies are clearly the policies of barbarism.

While the Socialist Equality Party, which represents the most advanced leadership of the International working class, has sought to advance candidates to the position of presidency throughout multiple years of election for the Office of the Presidency, powerful sections of the bourgeoisie have continuously upset their bids, at the same time that the SEP dismissed its own appeals, failing to following through entirely on the plan to introduce a victory for the working class within the existing framework.

Similarly, the current Federalist and State system, for which Leon Trotsky advances the claim of a Federalist United States of Socialism, is to be preserved to the greatest extent possible even in the face of revolution, as it is one of the greatest products of the Enlightenment. By the same token, the SEP itself may benefit from honest review, judicial or otherwise, as the entirety of human thought itself is the product of review, critiques such as Kant’s own critique of pure reason, etc…

Based on Donald J Trump’s fascistic desire to become America’s Führer coupled together with Biden’s own incompetence, calculated negligence, or administration of disaster, while there is overwhelming resistance within the highest levels of the ruling elite within America against the SEP (i.e., the only party capable of leading the County and the International working class out of the quagmire of capitalism), there is every reason to recommend that the presidency itself be suspend in favor of the introduction of a XXVIIIth Amendment but not merely as a matter of reform but as part of its overall effort to ensure the health of the population against fascism or barbarism no matter happens.

There is no blanket assertion about the judiciary’s consensus. There are quite a few differences of opinion throughout the judiciary’s response to Donald J Trump’s armed insurrection. Based on the differences of opinion, there appear to be elements within the judiciary still wholly loyal to the Constitution.

In accordance with its proposal to remand the Presidency to the Constituent Assembly (i.e., Constitutional Convention), the Left Opposition recommends that three judges who are outspoken critics of Donald J Trump’s insurrection on January 6th, 2021 be appointed to the Constituent Assembly’s panel in the XXVIIIth Amendment: Honorary Judge David Carter from the Central District of California, United States District Judge for the District of Columbia, Honorary Judge Reggie Walton, and Honorary Judge John Michael Luttig from the United States Circuit Judge of the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia.

These judges have issued exemplary opinions on Donald J Trump’s January 6th, 2021 insurrection. Based on the following review of these opinions, the Left Opposition believes there is reason to advance their candidacy for the panel within the proposal for a XXVIIIth Amendment to the Constitution of the United States of America.

In his opinion issued on March 28th, 2022 regarding Donald J Trump’s privilege to be free from discovery, Honorary Judge David Carter ruled in favor of the Select Commitment to Investigate the January 6th Attack on the US Capitol, obliterating the opposing counsel’s frivolously meritless opposition.

Honorary Judge David Carter’s opinion is a remarkable admonition of Donald J Trump. In his opinion he states: “More than a year after the attack on our Capitol, the public is still searching for accountability. This case cannot provide it. The Court is tasked only with deciding a dispute over a handful of emails. This is not a criminal prosecution; this is not even a civil liability suit. At most, this case is a warning about the dangers of “legal theories” gone wrong, the powerful abusing public platforms, and desperation to win at all costs. If Dr. Eastman and President Trump’s plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution. If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself.” In his opinion, Honorary Judge David Carter makes clear his commitment “to pursuing accountability” against Donald J Trump and his entourage. The Left Opposition seeks to advance Honorary Judge David Carter’s admonition to the fullest extent possible now.

On April 14th, 2022 before Honorary Judge Reggie Walton, a jury returned a verdict of guilty against Dustin Thompson, who sought to exploit a baseless defense for obedience to Trump’s orders, as to all six of the charges against him such as Obstruction of an Official Proceeding and Aiding and Abetting; Theft of Government Property; Entering and Remaining in a Restricted Building or Grounds; Disorderly and Disruptive Conduct in a Restricted Building or Grounds; Disorderly Conduct in a Capitol Building; and Parading, Demonstrating or Picketing in a Capitol Building. In response to the ruling, Honorary Judge Reggie Walton stated of Trump, “You know, I think our democracy is in trouble. Because unfortunately, we have charlatans like our former president, who doesn’t in my view really care about democracy, but only about power. And as a result of that, it’s tearing this country apart.”

Honorary Judge Walton, who received his appointment from George W. Bush, continued, saying: ““I have a concern that we have, unfortunately, American citizens who were so gullible that they were willing to accept what was being said without any proof that the allegations about the election had any merit whatsoever. People are just outraged at how they feel our system is not taking seriously what happened on that day because of their fear of the future of this country.”

It is highly progressive for Honorary Reggie Walton to find favor with the jury’s returned verdict, admonish Donald J Trump’s charlatanry, and remark on the State of the Union in response to the failure to prosecute and bring to justice not just Thompson but the originator of the “orders” upon which Thompson relied for his failed defense.

Less than 17 months after ex-President Donald Trump and his fascist supporters in the Republican Party attempted to overturn the election of Biden, whose reckless administration is tobogganing from one disastrous decision to another, a retired federal judge, Honorary Judge Michael John Luttig, warned during a January 6 hearing on Thursday, June 16th, 2022 that Trump and his allies “would attempt to overturn that 2024 election in the same way that they attempted to overturn the 2020 election.”

Luttig, a lifelong Republican, who, former President George W. Bush’s placed on short list for nomination to the Supreme Court of the United States of America, warned that Trump, “his allies and supporters are a clear and present danger to American democracy.”

He added, “To this very day, the former president, his allies and supporters pledge that in the presidential election of 2024—if the former president or his anointed successor as the Republican Party presidential candidate were to lose that election—that they would attempt to overturn that 2024 election in the same way that they attempted to overturn the 2020 election, but succeed in 2024 where they failed in 2020.”

The opinions espoused by these Federal judges indicates that there is a difference of opinion within America’s judiciary regarding Donald J Trump’s failed coup d’etat. Honorary Judge David Carter, Honorary Judge Reggie Walton, and Honorary Judge Michael Luttig exemplify the progressive elements of the judiciary whose opinions on the incident carry the United States of America forwards rather than backwards.

Although the Left Opposition not only recommends the adoption of its XXVIIIth Amendment but also that the United States Department of Justice immediately draft, file, and serve upon Donald J Trump and his complicit entourage an information for an indictment for treason and Contempt of Congress, there is no reason to stop merely there. There is reason to continue permanently to safeguard the population from the rising threat of fascism. The Left Opposition may not be in charge of the government but no lack of authority undermines its right to petition the government to alter or abolish any of its destructive forms.

Alongside the XXVIIIth Amendment, the Left Opposition recommends its readers become sympathizers, declarants, declaring its support for altering or abolishing destructive forms of government, or assemblers, assembling Rank-and-File Assemblies, from whose membership members may form the basis of a body within the Constituent Assembly (i.e., remanded Constitutional Convention) vis-a-vis the suspension of the Office of the Presidency.