Getting Started
The laws of physics tell us that a body in motion will continue in motion and that a body at rest will remain at rest unless a force is applied.
Human nature is similar - most of us will not undertake a dangerous or uncertain act if we had to begin it alone. We humans like the comfort of company, of a joint enterprise.
So, given that this American Tribunal is both dangerous and uncertain, how are we going to move from talking to actual action?
Creation and launch of the Tribunal will require very careful regard to public opinion, else the effort could be perceived as nothing more than a vigilante effort.
Ready, Set, Go!
We do not need to know precisely where we are going in order to begin.
We can make adjustments as we go along.
And we will find plenty of ways to disagree along the way.
So let us begin by paying tribute to the old saw "that the perfect is the enemy of the good". In other words, let us not aim for perfection but, rather, for adequacy. And let's agree up front that we should strive to put aside stringent disagreements and seek something that is sufficient.
1. Do We Really Want This American Tribunal, Yes Or No?
The proposed American Tribunal is a giant step. It is a step that treats our revered Constitution as an incomplete document that, by an implicit but rational and reasonable reading, leaves vast powers to the States and to "the People" rather than to the Federal government.
We ought to ask ourselves: If we do not do this (the Tribunal), then what will we do? Do we just forgive and forget, and hope that the forces that created Trump and MAGA will simply vanish like a bubble into the air?
2. Gather A Core Of Active Founder/Creators
Creation of the Tribunal will take time and a lot of work. An activist nucleus will have to be assembled and funded. This nucleus needs talent and work, not wide visibility.
3. Establish The Foundation Of Legitimacy
This step will be the most difficult for the proposed Tribunal. Absent a firm and broadly accepted foundation of authority, the Tribunal will be viewed by many as an unlawful partisan, vigilante body.
Building this foundation will require major (and expensive) public outreach - something on par with a Presidential campaign, coupled with formative and supporting acts by deeply rooted existing bodies, such as Congress and the legislatures of the various states.
The visible face of the Tribunal effort ought to be composed of well-known, well-respected figures from a range of sub-cultures: politics, music, sport, film, academia, medicine, agriculture, religion, military, young and old.
Younger people dominate the demographics of the United States; the appeal for the Tribunal must reach these people.
In operation, the investigatory and enforcement arms will have the greatest difficulty because they will require police powers, i.e., the power to coerce. Much thought will be needed to find ways to establish and legitimize the authority of the Tribunal.
Without broad acceptance and a solid foundation, the Tribunal will fail.
4. Obtain Funding
Almost certainly, initial funding will have to come from private sources.
We should not underestimate the size of initial funding: We are undertaking something akin to a Presidential campaign. So we should anticipate that the total need will be at least a billion US Dollars.
This funding will be needed in stages:
- Seed funding: Creation and operation of the core nucleus. We can anticipate this to require a few million dollars.
- Creation of the advocacy face and messaging of the nascent tribunal: This will probably run into the tens of millions of dollars, especially the creation of initial messaging and media.
- The campaign for legitimacy: This will be an all-hands-on-deck effort. This will be expensive, possibly tens of millions of dollars a week for an extended period.
- Establishment: This will consist of leasing office space and building a staff. This will need to be done quickly (so it ought to overlap with the latter phases of the advocacy effort.)
- Launch: Costs to be determined, but they will be significant and recurring.
5. Run Some Low-Level Test Cases To Test The Research/Investigatory And Enforcement Arms
The Tribunal should begin with a few test cases of lesser difficulty and lesser importance. Mistakes will be made, so it is best if the consequences of those mistakes do not damage the important cases.