To: mbj
In a sense, that ability of the legislature to appoint electors can override the will of the majority.
SCOTUS has held that appointing the presidential electors is a "plenary" power of the state legislatures. They can appoint the electors contrary to the governor's election certification if they want. (The Florida legislature was ready to do this in 2000 if Gore won the state somehow.) However, even though they set the rules for the federal elections for Congress, they cannot appoint Congresscritters if they don't like the election results as they could with the presidential electors.
That ability definitely does not justify fraud, breaking state (or federal) election process laws, exceeding of authority by other members of government, suppression of observers, and so on.
The problem is that our federal courts have refused address such problems, opining that only the state legislatures acting as a body have the right to object to such illegalities. In short, the citizens have rights to vote without remedies for when that right is denied, diluted, etc. The remedies for election fraud and state actors conducting illegal electors need to be reformed promptly.
And I doubt that ability even justifies the legislature (or any other part of the government) keeping the people from knowing the true results, because that seems to me to fall under the umbrella of “government by the people and for the people”; it probably also relates to free speech.
Computerized voting machines, that magically declare a winner in an election without the ability of people to witness the actual vote count, is something relatively new in the U.S., and it has been banned in Europe. Arguably, the right to witness the vote count, examine the ballots, etc. is a Ninth Amendment vote retained by the people. Previous generations of Americans would have taken up arms in protest had they been denied this right, and some did in places, i.e., the Battle of Athens TN. It falls under the category the Guarantee Clause of Article IV, Sec. 4, in the Constitution, guaranteeing a "Republican form of government">
11 posted on
06/26/2021 6:25:34 AM PDT by
Dr. Franklin
("A republic, if you can keep it." )
To: Dr. Franklin
Thank you, Dr. Franklin!
> Previous generations of Americans would have taken up arms in protest had they been denied this right, and some did in places, i.e., the Battle of Athens TN.
It falls under the category the GUARANTEE CLAUSE of Article IV, Sec. 4, in the Constitution, guaranteeing a “Republican form of government”
12 posted on
06/26/2021 6:49:04 AM PDT by
mbj
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