posted on Dec, 19 2018 @ 11:21 PM
Wasn't quite sure where I wanted to post this. This is inherently political since it has to do with the US political process, but it's not about
any partisian issues. This forum seems like it gets more traffic than the other conspiracy forums, so I felt like putting it here.
So to start, for those unaware this has to do with Kurt Godel. If you don't know who he is, he is essentially one of the most brilliant people to
have ever existed. He was a logician, mathematician, and philosopher. In the 30's he fled Nazi Germany and came to the US. Eventually him and
Einstein became very good friends, Einstein thought very highly of Godels brilliance. In the mid 40's Godel became a naturalized citizen. As part
of preparing for this, Godel intensely studied the US Constitution and this is where things get interesting.
As the story goes, Godel claims that in his study of the Constiution he found a logical inconsistency that would allow for the US to legally be taken
over by a dictator. Supposedly he shared this finding with Einstein and Morgenstern who acted as witnesses for his citizenship ceremony. At the
ceremony, he tried to share this information with the judge, but was silenced so that he wouldn't come off as a crackpot. Later, he was convined to
not talk about it, and those who he told also agreed. The reasoning was, it was better to leave such a dangerous find secret and hope that no one
would ever figure it out.
It has been 70 years since that time, and no one has yet definitively proven they've figured out the loophole Godel found.
The most often cited example of the loophole has to do with Article V. For those unaware, Article V governs the process to amend the Constitution.
It states that both houses of Congress need to pass an amendment with a 2/3 majority, and that 3/4 of states need to ratify the amendment. It also
outlines the process of a convention of states. The powers granted through either of these processes to amend the Constitution are broad, so broad in
fact that there are only two restrictions outlined as powers that cannot be changed. The first, is that equal representation for states in the Senate
must be maintained. The second is that slavery could not be outlawed before 1808. Obviously, only one of those is relevant today. This theory
suggests that the loophole is for a super majority to agree to amend Article V and remove the protection for the Senate. Essentially playing a game
of musical chairs in which a single state (or group of states) could be given an overwhelming vote, and thereby control the entire legislature.
In theory, this could be attempted and it would spark a constitutional crisis. Such an action would go to the Supreme Court, but the job of the court
is only to rule on the legality of the current action. And since this was done legally, the court could not shoot it down, even though it goes very
much against the spirit of the law.
That said, I don't believe this to be the loophole Godel was referring to. His loophole referred to the idea of installing a dictatorship, and while
this system would result in a very unfair democracy, it would still be a democracy if the legislature were maintained.
Instead, I think I have figured out another loophole, and unlike the intellectual giants of 100 years ago, I don't believe in locking away knowledge.
This may be what Godel was referring to. Essentially, I believe this can be done without a super majority, or even a majority at the federal level.
And it can all be done legally.
Step 1: Change the ballot acces rules. We think of our Presidential election as a federal election most often, but it's not. It is a series of 50
state level elections, where each state contributes a different number of points towards a final vote. Then, under federal rules, the candidate that
gets over 50% of the total electoral votes becomes the winner. This works fine when there are two major parties, but clearly breaks when there are
three or more. However, there is another situation when this breaks. If enough states had no one on the ballot, then it could be made either
impossible or highly improbable for anyone to reach 270 votes. For example, out of the 538 electoral votes, the 7 largest states are worth 209 votes.
If no one was on their ballots, this would leave only 329 electoral votes up for grabs, meaning that for any candidate to win, they would need 82% of
the remaining vote, virtually guaranteeing that no one could win the election.
Such an outcome is actually possible. In researching this idea, I looked into the election process per state. Essentially, every state is free to
enact whatever ballot access rules it wants, so long as they are applied consistently to all candidates (with the exception that major party
candidates can have different ballot access rules, if they win a party run primary). What this means in practice, is that a state could place such a
high bar on getting onto a ballot, that no candidates make it onto the Presidential ballot that year in that state. This takes that states electoral
votes out of the pool without actually having to do anything draconian like suspend elections.
Who exactly oversees this process also varies from state to state. This in turn leaves some states more vulnerable than others to such an action. In
some states the governor decides on the rules, in others it's the board of elections, and in others it's the secretary of state. This brings us to
the next step.
Step 2: Picking the President. So far, the Constitution actually has a system in place to deal with this. In the event that no candidate secures
270 votes, choosing the President goes to the House of Representatives. However, there's a slight caveat to this. Once it goes to the house, each
state is only given a single vote regardless of size. Their delegate is picked by that states governor. So it is essentially a special convention
rather than the House as a whole. These delegates must pick the next candidate from the three candidates who got the highest EV totals. Essentially,
this means that there will be a candidate from each of the major parties, and most likely no one else, as third parties almost never secure any EV's.
From here it is a simple majority vote. There's 50 states, so 50 votes. Securing 26 of those will determine the President.
Step 3: So long as a coalition of governors and delegates can be maintained a party can stay in power indefinitely. The Constitution does state that
the President cannot exceed two terms, and even if this were to happen that would still be the case. However, just before filling a second term, the
President can step down and let their Vice President take over. That person can then be reappointed President and nominate a new VP and so on down
This entire process would not require any constituional amendments, or any overly large party representation. It would require a handful of states to
change their ballot access laws, and 26 states in total to appoint a delegation in the House that would support their pick. However, unlike other
theories this one can be accomplished purely through the Executive Branch. It would be very unlikely to be prevented through a constitutional
amendment, and the courts would not be able to stop it. It could even be accomplished without a majority in Congress.
That is my theory on the Godel Loophole. Thoughts?