Multiple Paths

There are several paths we can take.

• We can act together as "the people"
• Various states can act separately or in combination
• The Federal government can act.

These paths are not mutually exclusive.

But all are difficult.

Group Action By Citizens

Although our foundation of legitimacy and authority places the power to form this Tribunal into the hands of "the people", this path has many risks, especially to the individuals involved.

There are many laws regarding "insurrection" or "attempts to overthrow the government of the United States." Although this Tribunal does not propose any overthrow of the government, many opponents will try to cast the people who follow this path as criminals intent on destroying the United States. Although nothing could be further from the truth - the goal of this Tribunal is to preserve the United States and its government - those accusations will create considerable, and realistic, fear and expense.

Establish The Tribunal State By State By Act Of The State Governments

We have fifty states. Some of them, such as California and New York, are sick and tired of Trump/MAGA and are also home to some of the worst of the Trump/MAGA offenders. Existing State laws already contain many laws, both criminal and civil, that could redress many wrongs and compensate many injuries and also clarify that the state's Statutes of Limitations do not include periods of time when the enforcement authority of the Federal Government was refusing to do its duty.

Establish The Tribunal At The National Level By Act Of The Federal Government

This is perhaps the strongest of the paths, but it is unlikely to happen.

First is that many of the defendants would probably still be lurking inside the Federal Government or have substantial means of influence. And, of course, our ante-deluvian SCOTUS and lower courts will probably still be dominated by MAGA judges.

Second is that under our Constitution, the Federal Government is limited to only those powers allocated to it - the States and people get the rest. And thus, those in the Federal Government who honor the Constitution will realize that many of the powers needed to redress the Trump/MAGA era are powers that are not given by the Constitution to the Federal Government.

Of course, we could elect good people to Congress who would impeach the reactionary judges, or restructure the Federal Judiciary to put them into powerless rubber rooms. (See my note "Do We Need Rubber Rooms for Federal Judges? Two Plans To Reduce The Long Tailed Impact of Trump Judicial Appointees" at https://www.cavebear.com/cavebear-blog/rubber-rooms/) Such a Congress, with a willing President, could legitimize the Tribunal concept and push States and people to use their residual Constitutional powers. Such a Congress could also remove the uncertainty whether there are Statute of Limitations issues.