Topic 2--The U.S. Constitution and the Peaceful Transition of Power
Case Study: The Constitution and the 2020 Presidential Transition of Power
Title: A Crisis of Norms: The 2020 Election, the Constitution, and the Peaceful Transition of Power
An analysis of Donald Trump's attempt to remain in office and his transition compares historically to other presidents.
Essential Question: Was Trump's attempt to stay in office constitutional?
Overview
Our Country has navigated through peaceful and orderly transitions of power for nearly two and a quarter centuries. However, the transition from Donald Trump to president-elect Joseph Biden became a chaotic mess, primarily due to Trump's false narrative claiming widespread voter fraud. Consequently, supporters of Trump, promoting a "Stop the Steal" rally in Washington, D. C. on January 6th, 2021, stormed the Capitol, putting vice-president Mike Pence and members of congress in harm's way, following Trump's speech, where he stated in part, "There's never been anything like this. This theft was unique, the most corrupt in the history of the world, and therefore justified extraordinary action. You'll never take back our Country with weakness. You have to show strength, and you have to be strong … When you catch somebody in a fraud, you're allowed to go by very different rules … You don't concede when there's theft involved … Right over there, right there, we see the event going to take place. And I'm going to be watching. Because history is going to be made…. So we're going to, we're going to walk down Pennsylvania Avenue. I love Pennsylvania Avenue. And we're going to the Capitol," Trump's supporters did precisely that, and then, with some groups taking the lead, they stormed the police barricades, through the police lines, and into the Capitol, destroying and vandalizing it. Defying norm after norm since taking office, Trump went so far as to threaten our democracy by refusing to acknowledge defeat. Instead, he attempted to overturn the election using ideas in the so-called Eastman Memo delineating a path to overturn the election.
The ideas, depending upon Mike Pence postponing the electoral vote counting on January 6th, 2021, include returning the uncounted votes to the states' legislators in question. Presumably, these groups could overturn and recertify their electoral votes, switching to Trump. Currently, the House of Representatives is investigating Trump and some Republican Congressmen regarding their involvement in organizing and coordinating the Capitol breach. More than a year after the breach, the Minority leader of the Senate Mitch McConnell, confirmed that our Constitution provides for a peaceful transition of power, saying, "We all were here. We saw what happened," and then continued, "It was a violent insurrection for the purpose of trying to prevent the peaceful transfer of power after a legitimately certified election from one administration to the next. That's what it was." McConnell stops short of blaming the insurrection on Trump but certainly underscores the Constitutional mandate of a peaceful transition. As is the norm with other presidents, Trump's refusal to concede began with declining to release money customarily given to the president-elect's team, allowing a smooth transition of power. Failure to adequately prepare for the transition is problematic for the smooth operation of our nation.
For example, the 9/11 Commission Report claims that delaying the 1963 transition act prior to Bush taking office in 2000 caused "a critical vulnerability to U.S. national security for the attacks that occurred less than eight months after the inauguration." Another norm is putting the nation first, ahead of any personal ambition or desire to remain in power. In short, preserving our democracy through an immediate and orderly transition of power is critical to our nation's health. In the end, Trump left office, barely complying with his constitutional mandate that Ronald Reagan touted in his inauguration speech: "To a few of us here today this is a solemn and most momentous occasion, and yet in the history of our nation it is a commonplace occurrence. The orderly transfer of authority as called for in the Constitution routinely takes place, as it has for almost two centuries, and few of us stop to think how unique we really are. In the eyes of many in the world, this every 4-year ceremony we accept as normal is nothing less than a miracle." Following the chaotic close to Donald Trump's administration, the peaceful transition of power seems more of a miracle than ever. Given his rocky road to a peaceful transition, the Constitutional mandate is worth investigating. Also, it is worth investigating whether or not his actions while attempting to remain in office were illegal.
In the end, a legal clarification regarding electoral vote disputes is essential to ensure the continuation of a peaceful transition of power. If vice president Pence had complied with Eastman's suggestions, an election crisis permanently damaging our political processes might have occurred. Apparently, in an Oval Office meeting with Pence, Eastman suggested that on January 6th, he gavel Donald Trump as re-elected and then send the election back to the House of Representatives or state legislatures. Alexander Hamilton explains the importance of conducting presidential elections "The true principle of a republic is that the people should choose whom they please to govern them. Representation is imperfect, in proportion as the current of popular favor is checked, The great source of free government, popular election, should be perfectly pure, and the most unbounded liberty allowed." Those constitutionalists who respect the rule of law must maintain the legitimacy of our governmental institutions. Therefore, analyzing the Eastman memos is very important because they present pathways that might encourage future attempts to prevent peaceful transitions.
UPDATE: A California judge ruled that former President Donald Trump attempted a coup, and that Eastman tried to provide a legal basis for that coup. If they'd been successful, they'd have terminated the peaceful transition of power occurring regularly in the United States. In his 44 page decision, he asserts that Trump, with the help and support of others, likely committed felony obstruction as they tried to prevent the certification of the Biden presidency.
Overview
Our Country has navigated through peaceful and orderly transitions of power for nearly two and a quarter centuries. However, the transition from Donald Trump to president-elect Joseph Biden became a chaotic mess, primarily due to Trump's false narrative claiming widespread voter fraud. Consequently, supporters of Trump, promoting a "Stop the Steal" rally in Washington, D. C. on January 6th, 2021, stormed the Capitol, putting vice-president Mike Pence and members of congress in harm's way, following Trump's speech, where he stated in part, "There's never been anything like this. This theft was unique, the most corrupt in the history of the world, and therefore justified extraordinary action. You'll never take back our Country with weakness. You have to show strength, and you have to be strong … When you catch somebody in a fraud, you're allowed to go by very different rules … You don't concede when there's theft involved … Right over there, right there, we see the event going to take place. And I'm going to be watching. Because history is going to be made…. So we're going to, we're going to walk down Pennsylvania Avenue. I love Pennsylvania Avenue. And we're going to the Capitol," Trump's supporters did precisely that, and then, with some groups taking the lead, they stormed the police barricades, through the police lines, and into the Capitol, destroying and vandalizing it. Defying norm after norm since taking office, Trump went so far as to threaten our democracy by refusing to acknowledge defeat. Instead, he attempted to overturn the election using ideas in the so-called Eastman Memo delineating a path to overturn the election.
The ideas, depending upon Mike Pence postponing the electoral vote counting on January 6th, 2021, include returning the uncounted votes to the states' legislators in question. Presumably, these groups could overturn and recertify their electoral votes, switching to Trump. Currently, the House of Representatives is investigating Trump and some Republican Congressmen regarding their involvement in organizing and coordinating the Capitol breach. More than a year after the breach, the Minority leader of the Senate Mitch McConnell, confirmed that our Constitution provides for a peaceful transition of power, saying, "We all were here. We saw what happened," and then continued, "It was a violent insurrection for the purpose of trying to prevent the peaceful transfer of power after a legitimately certified election from one administration to the next. That's what it was." McConnell stops short of blaming the insurrection on Trump but certainly underscores the Constitutional mandate of a peaceful transition. As is the norm with other presidents, Trump's refusal to concede began with declining to release money customarily given to the president-elect's team, allowing a smooth transition of power. Failure to adequately prepare for the transition is problematic for the smooth operation of our nation.
For example, the 9/11 Commission Report claims that delaying the 1963 transition act prior to Bush taking office in 2000 caused "a critical vulnerability to U.S. national security for the attacks that occurred less than eight months after the inauguration." Another norm is putting the nation first, ahead of any personal ambition or desire to remain in power. In short, preserving our democracy through an immediate and orderly transition of power is critical to our nation's health. In the end, Trump left office, barely complying with his constitutional mandate that Ronald Reagan touted in his inauguration speech: "To a few of us here today this is a solemn and most momentous occasion, and yet in the history of our nation it is a commonplace occurrence. The orderly transfer of authority as called for in the Constitution routinely takes place, as it has for almost two centuries, and few of us stop to think how unique we really are. In the eyes of many in the world, this every 4-year ceremony we accept as normal is nothing less than a miracle." Following the chaotic close to Donald Trump's administration, the peaceful transition of power seems more of a miracle than ever. Given his rocky road to a peaceful transition, the Constitutional mandate is worth investigating. Also, it is worth investigating whether or not his actions while attempting to remain in office were illegal.
In the end, a legal clarification regarding electoral vote disputes is essential to ensure the continuation of a peaceful transition of power. If vice president Pence had complied with Eastman's suggestions, an election crisis permanently damaging our political processes might have occurred. Apparently, in an Oval Office meeting with Pence, Eastman suggested that on January 6th, he gavel Donald Trump as re-elected and then send the election back to the House of Representatives or state legislatures. Alexander Hamilton explains the importance of conducting presidential elections "The true principle of a republic is that the people should choose whom they please to govern them. Representation is imperfect, in proportion as the current of popular favor is checked, The great source of free government, popular election, should be perfectly pure, and the most unbounded liberty allowed." Those constitutionalists who respect the rule of law must maintain the legitimacy of our governmental institutions. Therefore, analyzing the Eastman memos is very important because they present pathways that might encourage future attempts to prevent peaceful transitions.
UPDATE: A California judge ruled that former President Donald Trump attempted a coup, and that Eastman tried to provide a legal basis for that coup. If they'd been successful, they'd have terminated the peaceful transition of power occurring regularly in the United States. In his 44 page decision, he asserts that Trump, with the help and support of others, likely committed felony obstruction as they tried to prevent the certification of the Biden presidency.
Case Study: The Constitution and the 2020 Presidential Transition of Power
Title:
A Crisis of Norms: The 2020 Election, the Constitution, and the Peaceful Transition of Power
Essential Question:
Was Donald Trump’s attempt to remain in office after the 2020 election constitutional?
Background Overview:
For over 200 years, the United States has upheld the principle of a peaceful transfer of power following presidential elections—a cornerstone of democratic governance. However, the transition from President Donald Trump to President-elect Joe Biden in 2020 challenged this norm.
Despite the election results being certified and upheld in courts across the country, President Trump refused to concede, promoted baseless claims of widespread voter fraud, and encouraged supporters to "fight like hell" on January 6, 2021. The resulting attack on the Capitol occurred during the joint session of Congress meant to certify the Electoral College votes.
Among the most controversial elements of this transition was the Eastman Memo, which proposed a legal strategy to overturn the election by urging Vice President Mike Pence to refuse certification of the results and send the votes back to state legislatures. The Eastman Memo can be viewed at:
https://www.poshappetit.com/uploads/3/0/3/7/30372357/eastman-memo.pdf
A California judge later found that this plan amounted to an attempted coup and that the actions of Trump and his allies could constitute felony obstruction. The full ruling is available here:
https://www.poshappetit.com/uploads/3/0/3/7/30372357/gov.uscourts.cacd.841840.260.0.pdf
Constitutional Principles to Investigate:
Primary Source Links:
Guiding Questions:
Learning Activities:
1. Close Reading and Analysis:
Read the excerpt from Ronald Reagan’s inaugural address:
“The orderly transfer of authority as called for in the Constitution routinely takes place... and few of us stop to think how unique we really are.”
Reflect: How does this ideal compare to what occurred in January 2021?
2. Timeline Activity:Construct a timeline from the 2020 election to January 20, 2021, including:
Prompt: Should Congress pass stronger laws to prevent attempts to overturn certified elections?
Assign roles: constitutional scholars, legal experts, members of Congress, voters.
4. Case Law Comparison:Examine the California judge’s ruling on Trump and Eastman.
Compare with earlier historical transitions (e.g., 1800, 1876, 2000).
Evaluate: Was this precedent-breaking or precedent-setting?
Exit Ticket / Summative Assessment Prompt:
Write a brief essay or prepare a short presentation responding to the essential question:
"Was Donald Trump’s attempt to stay in office constitutional?"
Use evidence from the Constitution, court rulings, historical precedent, and the Eastman Memo to support your position.
Extension Opportunity:Research Prompt: Investigate the implications of the Electoral Count Reform and Presidential Transition Improvement Act (passed in 2022) and how it seeks to prevent future ambiguities like those exploited in 2020.
Website Source Information (for citation and hosting):
Title:
A Crisis of Norms: The 2020 Election, the Constitution, and the Peaceful Transition of Power
Essential Question:
Was Donald Trump’s attempt to remain in office after the 2020 election constitutional?
Background Overview:
For over 200 years, the United States has upheld the principle of a peaceful transfer of power following presidential elections—a cornerstone of democratic governance. However, the transition from President Donald Trump to President-elect Joe Biden in 2020 challenged this norm.
Despite the election results being certified and upheld in courts across the country, President Trump refused to concede, promoted baseless claims of widespread voter fraud, and encouraged supporters to "fight like hell" on January 6, 2021. The resulting attack on the Capitol occurred during the joint session of Congress meant to certify the Electoral College votes.
Among the most controversial elements of this transition was the Eastman Memo, which proposed a legal strategy to overturn the election by urging Vice President Mike Pence to refuse certification of the results and send the votes back to state legislatures. The Eastman Memo can be viewed at:
https://www.poshappetit.com/uploads/3/0/3/7/30372357/eastman-memo.pdf
A California judge later found that this plan amounted to an attempted coup and that the actions of Trump and his allies could constitute felony obstruction. The full ruling is available here:
https://www.poshappetit.com/uploads/3/0/3/7/30372357/gov.uscourts.cacd.841840.260.0.pdf
Constitutional Principles to Investigate:
- Article II and the 12th Amendment: Describe the presidential election and certification process.
- The Electoral Count Act of 1887: Governs the procedures for counting electoral votes.
- Checks and balances: Analyze how institutional constraints functioned—or failed—during the transition.
- Separation of powers: Explore the role of the judiciary, Congress, and Vice President Pence.
- Rule of law: Investigate the implications of not abiding by the Constitution and established legal norms.
Primary Source Links:
- Eastman Memo (PDF):
https://www.poshappetit.com/uploads/3/0/3/7/30372357/eastman-memo.pdf - California Court Ruling on Trump and Eastman (PDF):
https://www.poshappetit.com/uploads/3/0/3/7/30372357/gov.uscourts.cacd.841840.260.0.pdf
Guiding Questions:
- What does the Constitution say about the transfer of presidential power?
- Was there any constitutional or legal support for the Eastman Memo’s proposal?
- How did Vice President Pence interpret his constitutional duty on January 6, 2021?
- What role did misinformation and political rhetoric play in the events of January 6?
- What long-term impact might these events have on U.S. democratic institutions and transitions of power?
Learning Activities:
1. Close Reading and Analysis:
Read the excerpt from Ronald Reagan’s inaugural address:
“The orderly transfer of authority as called for in the Constitution routinely takes place... and few of us stop to think how unique we really are.”
Reflect: How does this ideal compare to what occurred in January 2021?
2. Timeline Activity:Construct a timeline from the 2020 election to January 20, 2021, including:
- Key public statements by Trump
- The release of the Eastman Memo
- January 6 events
- Congressional certification of results
- Inauguration of President Biden
Prompt: Should Congress pass stronger laws to prevent attempts to overturn certified elections?
Assign roles: constitutional scholars, legal experts, members of Congress, voters.
4. Case Law Comparison:Examine the California judge’s ruling on Trump and Eastman.
Compare with earlier historical transitions (e.g., 1800, 1876, 2000).
Evaluate: Was this precedent-breaking or precedent-setting?
Exit Ticket / Summative Assessment Prompt:
Write a brief essay or prepare a short presentation responding to the essential question:
"Was Donald Trump’s attempt to stay in office constitutional?"
Use evidence from the Constitution, court rulings, historical precedent, and the Eastman Memo to support your position.
Extension Opportunity:Research Prompt: Investigate the implications of the Electoral Count Reform and Presidential Transition Improvement Act (passed in 2022) and how it seeks to prevent future ambiguities like those exploited in 2020.
Website Source Information (for citation and hosting):
- POSH APPETIT Homepage: https://www.poshappetit.com/
- About Page: https://www.poshappetit.com/about-me.html
- Menus Page: https://www.poshappetit.com/menus.html
- Blog Page: https://www.poshappetit.com/blog.html
- Contact Page: https://www.poshappetit.com/contact.html
- Hosting Platform (Weebly): https://www.weebly.com/?utm_source=internal&utm_medium=footer&utm_campaign=2