Blue States Have 90 Days to Kill American Fascism. Here's How.
Note: This article advocates for legal actions including state prosecution of state law violations, constitutional non-cooperation under the anti-commandeering doctrine, and lawful administrative friction within states' constitutional authority. I’ve made several corrections since it was first published. These updates serve to strengthen the information around state prosecutorial powers and federal taxes.
Donald Trump hasn't been seen in public for a week. He is 79 years old, obese, and suffering from chronic health conditions. The actuarial reality is straightforward. When he dies, JD Vance will inherit the machinery of American authoritarianism through the 25th Amendment. This is not speculation. This is the constitutional mechanism, and it works equally well for legitimate and illegitimate transfers of power.
There is, however, something the Republican regime does not want you to understand. Trump's death, or even its approach, creates an increasingly intense period of constitutional uncertainty that states can exploit. Not after he dies. Now. While succession remains unclear and the regime remains unstable.
Article VI of the Constitution requires all officials to swear an oath to the Constitution itself, not to any president. Violating this oath constitutes a crime under state law. New York Penal Law § 195.00 criminalizes official misconduct. California Penal Code § 182 covers conspiracy. Illinois Criminal Code 720 ILCS 5/33-3 addresses the same violations. These are state crimes. Presidential pardons do not apply.
Every Fortune 500 company depends on state corporate charters. Delaware charters 68% of them. New York charters most major banks. California charters the technology companies. State attorneys general can investigate corporations for specific violations of state consumer protection laws, environmental regulations, and corporate governance requirements. They can freeze business licenses for companies violating state law. They can prosecute executives who live in their states for corporate crimes under state jurisdiction.
The federal government's ability to function depends entirely on state cooperation. The IRS employs only 78,000 people to cover 330 million Americans. Without state tax agencies sharing information and coordinating collection, federal taxation becomes impossible.
History shows us exactly how this works. In 1832, South Carolina nullified federal tariffs. Jackson threatened military force. South Carolina prepared its militia. Jackson blinked. The tariffs were reduced. In the 1850s, Northern states refused to cooperate with the Fugitive Slave Act through non-enforcement. Wisconsin's legislature declared it wouldn't use state resources for enforcement. Vermont passed laws preventing state officials from assisting federal marshals. Federal marshals could not operate without local support. The law became unenforceable. In 2013, states nullified federal marijuana laws. The DEA lacked resources to raid every dispensary. Federal law became meaningless where states refused cooperation.
This is how American tyranny dies. Not through violence but through legal friction at every level of government. Not through waiting for federal institutions to self-correct but through states refusing to cooperate with unconstitutional authority.
Consider what blue states actually control right now. California Controller Malia Cohen oversees $320 billion in annual cash flow. New York Comptroller Thomas DiNapoli controls $250 billion. Illinois Comptroller Susana Mendoza manages $90 billion. Together, these three officials alone control over $650 billion in leverage.
Blue states possess another form of leverage that terrifies the federal government. California sends $83 billion more to Washington than it receives back. New York sends $22 billion more. Illinois sends $14 billion more. This money flows through state treasurers who can redirect it.
These officials can create administrative friction in the tax system. They can require extensive documentation for federal tax collections within their states. They can conduct time-consuming audits of federal contractors and grant recipients. They can establish parallel state tax systems that compete for the same revenue streams. State treasurers can delay processing of federal transactions pending compliance reviews. They can shift pension investments away from federal bonds. They can refuse participation in federal programs requiring matching funds. They can establish state banks that bypass the Federal Reserve system.
We must act now and we must act together.
Your state legislature has the power to refuse to enforce or cooperate with federal directives. They can prohibit state and local officials from enforcing federal directives they deem unconstitutional. This is not secession. This is exercising our rights.
Republican governors have already shown how this works. In 2021, when Texas and Florida enacted their own immigration enforcement policies and dared the Biden administration to stop them, they forced the feds into reactive mode. Abbott and DeSantis essentially said "fucking sue us" and won. Every state that acted first and made Democrats play defense controlled the narrative. The ones who asked for federal permission first got nowhere.
Act first. Make them sue. That's how you win.
State legislatures can pass resolutions refusing to enforce or cooperate with federal directives they deem unconstitutional. They can prohibit cooperation with federal agencies operating outside constitutional bounds. They can direct state attorneys general to prosecute federal officials for oath violations. They can order state treasurers to prepare for financial autonomy.
When Trump's death is announced, and actuarial tables suggest this will be soon, every blue state governor will still control their National Guard. Every blue state attorney general will still have prosecutorial power. Every blue state treasurer will still control billions in leverage. They will either use these powers immediately or roll over and show their bellies to the technocrats and oligarchs.
The succession crisis creates maximum leverage. Before Republicans fully consolidate power. Before the new regime stabilizes. While federal authority remains uncertain. This is when states must move.
We do not need millions in the streets. We need 50 state officials doing their constitutional duty. We need 100 prosecutors filing charges. We need 1,000 legislators passing non-cooperation laws. We need 10,000 citizens making phone calls to demand this happen. The prosecutors, comptrollers, treasurers, and attorneys general who can execute these strategies have names and phone numbers. They are not used to receiving thousands of calls from the public. When they do, it will absolutely get their attention. You have that power in your hand at this very second.
Manhattan DA Alvin Bragg can prosecute any individual for state law violations - including those who happen to be federal officials - at (212) 335-9000. Los Angeles DA Nathan Hochman has the same power at (213) 257-2000. Cook County State's Attorney Eileen O'Neal Burke can do it at (312) 603-1880.
California Controller Malia Cohen, who controls that $320 billion in annual cash flow, can be reached at (916) 445-2636. New York Comptroller Thomas DiNapoli, with his $250 billion in leverage, is at (518) 474-4044. Illinois Comptroller Susana Mendoza and her $90 billion are at (217) 782-6000.
California Treasurer Fiona Ma can redirect federal funds at (916) 653-2995. Illinois Treasurer Michael Frerichs has the same power at (217) 782-2211.
Delaware Attorney General Kathy Jennings can revoke corporate charters at (302) 577-8500. New York Attorney General Letitia James can freeze business licenses at (800) 771-7755. California Attorney General Rob Bonta can prosecute executives at (916) 445-9555.
Your state legislators can be found at congress.gov/state-legislature-websites. They need to hear these specific demands: prosecution of federal officials for oath violations, suspension of federal tax cooperation, introduction of nullification resolutions, preparation for financial autonomy, and investigation of corporations enabling authoritarianism.
These are not suggestions. These are constitutional duties that state officials are currently failing to perform. They will continue to fail unless citizens demand action.
Trump is a dying 79-year-old grifter whose regime depends entirely on state cooperation. But states will only act if citizens force them to act. The Constitution provides the tools. The phone numbers are listed above. The legal authorities are specified.
Stop waiting for permission. Stop expecting self-correction. Start demanding that state officials use their existing constitutional powers. Before the succession is complete. While the window remains open.
The moment is now. We act or accept permanent authoritarian rule. The tools exist. Let’s use them.
If you found this article interesting, check out my most recent book
“Conservatism: America’s Empathy Disorder.”
https://a.co/d/8xvABaO
This call to action needs to be broken down and simplified into shorts as well as passed on in long form.
Calling on AGs is a strong idea that needs feeding/seeding everywhere…
ELBOWS UP!
What is the distinction between doing this with vs without a succession crisis? This seems like what should be done regardless of whether Trump is healthy or not.