The Texas case was a very strong one, but the Supreme Court replied by saying we don’t wanna get involved and we think that you should probably use the Constitution instead of the Court to overturn state elections. The constitution already empowers state legislatures to choose their own electors should something go seriously wrong during the election. This means that the Republican state legislatures in key battleground states could Constitutionally select their own electors for Donald Trump. The problem I see is that the entire Democratic Party has now given up on the rule of law as is evident from what we saw going on during the 2020 election. I fear that if the Republican legislators rightfully choose their own electors, which they are Constitutionally authorized to do when there is something like election fraud or massive irregularities, I fear that the Democrat-controlled states where Trump won would call electors for Joe Biden just because.
The question is how do you have a Constitutional republic when one of the two major parties no longer believes in the rule of law based on the Constitution?
Article I, Section 4 says that the state legislatures have the authority to create and/or change election laws. It does not give any authority to the executive branch or the judicial branch.
“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”
Article 2, Section 1 says that the state legislature has the authority to appoint Electors.
“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.”
And then we have 3 US Code 5 which says that if there is a controversy during the election that undermines the US Constitution’s authority given to the state legislature the legislature gets to appoint whatever Electors they want as a remedy for the controversy. Would you call massive voter fraud in numerous different manners a controversy? I would.
Here’s what 3 US Code 5 says in what is deemed the “Determination of controversy as to appointment of electors”:
“If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.”
So, if I’m not mistaken, this code of law says that if there’s a controversy then the state legislators get to appoint Electors if the state’s law allows it and they pretty much all allow it. In essence, it means that the Electors for the phony winner, Joe Biden, can be cast aside and the legislature, which is these cases are controlled by Republicans, can set their own Electors.
Yes, this is what the law says. And even if there is no specific state law that dictates that the legislature may select their own Electors, the US Constitution gives them plenary powers to do so.
Okay, so here’s what happens if the Republican legislatures from the key battleground states of Arizona, Michigan, Georgia, Pennsylvania and Wisconsin say that they are extending the date for which they will select their Electors beyond December 14, because they are investigating fraud, a power they most definitely have to do that. That means their count of Electors do not get added for either candidate. If the states investigating fraud do their due diligence, hold hearings and collect evidence, and then come to the determination that fraud and illegal actions unilaterally harmed Trump to help Biden, they can select their own Electors to vote for Trump, and Trump will go over 270 and Trump wins.
However, if they cannot make the determination by January 15, then neither candidate gets to 270, which means it then goes to the House of Representatives, where each state has one vote, which is determined by the makeup of the state. Right now, the Republicans control 29 state legislatures and the Democrats have only 19, with one split. That means Trump wins.
Right now Republicans in the key battleground states need to apply pressure on their state legislators to select Electors for Trump. Despite Fake News and the tech giants censoring evidence of voter fraud, what matters is that you get your state legislators to do the right thing. Give them hell. Threaten to vote them out if they don’t do the right thing. This is democracy at work to maintain a Constitutional republic.
Rich is syndicated opinion columnist for David Harris Jr. and owner of Maga-Chat.com. He writes about politics, culture, liberty and faith.
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