The law, you know that thing the Democrats and the mainstream news media really hate, but is still pretty important anyway, stipulates that Donald Trump has already won Pennsylvania.
If you listened at all to the fake news media you have probably heard that President Trump wants to file a lawsuit against Pennsylvania to get them to “stop counting the votes.” Nothing could be further from the truth. The President wants fraudulent votes and votes that came in after the deadline to not be counted, and that is the law.
These activists who sit in anchor chairs with coffee mugs that show media corporate logos have presented it as if Trump’s action is some unbelievable evil on our democracy, that it is not justified by any standards of common decency, and it is credibly unconstitutional. Actually, Trump is right and the clowns in our news media are wrong.
The lawsuit is going to go through and it will go to the US Supreme Court, and I predict the votes in Pennsylvania will absolutely be thrown out. The reason for this is because the Pennsylvania Supreme Court broke the law to help the Democrats, and they violated Article I, Section 4 of the US Constitution while doing. Laws and rules mean things, folks. For these reasons the SCOTUS will have to rule in favor of Trump./But I thought the mainstream media told us that the Supreme Court already denied the request the Pennsylvania Republicans look into what the Pennsylvania Supreme Court did. Again, if we only had an honest news media.
Here’s what really happened. On October 28, 2020, the Republican Party of Pennsylvania vs. Boockvar was filed, and the Supreme Court declined “a motion to expedite consideration of a petition for a writ of certiorari.” Okay, what the hell does that mean? All a writ of certiorari means, is The Supreme Court would orders a lower court to give them the record in a case that the Higher Court could review. In this case, the Court was being asked to issue a write against the Supreme Court of Pennsylvania. Pennsylvania Republicans were in essence asking the Supreme Court to speed it up, because there are only so many days between the election and inauguration day. A writ of certiorari would have fulfilled that request.
What this means is in the Boockvar case, the PA Republicans sent a request to the US Supreme Court to review a lower court case, and they also asked them to hurry up about it, and the US Supreme Court declined the motion to hurry up about it. But here’s what the lying mainstream news media never told you. The Supreme Court didn’t deny hearing the case. They simply said, we’re not ready to hear the case just yet, let the election happen, then we will hear the case.
So what happened in Pennsylvania that got the Pennsylvania Republicans all upset?
In 2019, the Pennsylvania legislature passed a law called Act 77 that gave allowed all voters to cast their ballots by mail, but as Justice Samuel Alito wrote, “unambiguously required that all mailed ballots be received by 8 p.m. on election day.”
Here’s the exact text of the law: “No absentee ballot under this subsection shall be counted which is received in the office of the county board of elections later than eight o’clock P.M. on the day of the primary or election.” You can’t get more unambiguous than that.
The law was also considered nonseverable. So what does that mean? It means that if any provision of that law is considered invalid, the entire law, which includes allowing people to do mail-in voting, is null and void.
Again, here is the exact text from Act 77: “Sections 1, 2, 3, 3.2, 4, 5, 5.1, 6, 7, 8, 9 and 12 of this act are nonseverable. If any provision of this act or its application to any person or circumstance is held invalid, the remaining provisions or applications of this act are void.”
So, in essence, the law says that if mail in ballots arrive after 8 PM on Election Day and they are counted into the vote tally, and then the Pennsylvania court overrules that law, the entire law that allowed mail in ballots in the first place is now invalid.
Knowing this, and we have to assume that the PA Supreme Court justices knew it, in the face of the clear text of the Act 77, the Pennsylvania Supreme Court by a vote of 4 to 3, according to how the US Supreme Court summarized it, ruled that ballots didn’t have to be received by Election Day. Instead, ballots could be allowed if they are postmarked before or on Election Day and they gave the state a three-day extension to receive them, which clearly violated state law Act 77. The PA Supreme Court also ruled that ballots that didn’t have a postmark or one that couldn’t be read, has to be accepted. Another clear violation of Act 77.
The Pennsylvania Supreme Court could have just rendered Act 77 unconstitutional and the Republicans would have dealt with that action instead of what’s going on now. But the Court didn’t do that. Instead, they changed the law, and the judiciary branch has neither the power nor the authority to do so. Only the legislature can do that.
In fact, it’s much worse. The Pennsylvania Supreme Court actually acknowledged that “the statutory provision mandating receipt by election day was unambiguous” and the Court also capitulated that the law is “Constitutional,” and they STILL rewrote the law, because the liberals on the Court thought it needed to do so to face a “natural disaster.” In other words, the Pennsylvania Supreme Court Justified it’s right to change election law which just turns out to be in favor of the Democrats, under the Free and Equal Elections Cause of the PA State Constitution.
With that said, there is a strong likelihood that the Pennsylvania Supreme Court violated the US Constitution. As Justice Alito wrote: “The provisions of the Federal Constitution conferring on state legislatures, not state courts, the authority to make rules governing federal elections would be meaningless if a state court could override the rules adopted by the legislature simply by claiming that a state constitutional provision gave the courts the authority to make whatever rules it thought appropriate for the conduct of a fair election.”
In other words, the Pennsylvania Supreme Court violated Article I, Section 4 of the US Constitution that mentions how elections are to be held according to state legislatures and not the state courts.
Here is Article I, Section 4 of the US Constitution that Justice Alito was referring:
- Art. I, §4, cl. 1, which states “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” [Emphasis added]
- Art. II, §1, cl. 2, which states “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.” [Emphasis added]
In plain vulgate English, the US Constitution gives sole power to say the time, place, and manner of holding elections in their state, and they have the sole power to appoint the electors. Therefore, when the Pennsylvania Supreme Court ruled that ballots could be accepted after election day, and even without a legible postmark, or no postmark at all, they violated the Constitutional authority of the Pennsylvania state legislature.
So, no matter what kind of bullschtein CNN or MSNBC, the New York Times, or the Washington Post and others on the Left try to lay on you, this case is not about Donald Trump trying to “steal the election” in Pennsylvania, but that he is trying to make the election stand up to Constitutional authority. We have laws for a reason, and courts are not allowed to change laws.
This is why I believe the US Supreme Court is going to rule 5-4 (Roberts is not a Constitutionalist) that the Pennsylvania Supreme Court’s ruling was unconstitutional as they rewrote Act 77 and violated the US Constitution in the process. This means, among other things, that the votes that arrived after 8 pm on Election Day will necessarily need to be thrown out. Since we already know that Trump was ahead in Pennsylvania by 8 pm Election Day, Trump will win the state of Pennsylvania.
Rich is a conservative, syndicated opinion writer and owner of MAGA-Chat.com. He writes about politics, culture, liberty, and faith.
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