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To: alancarp
The appropriate argument to this would be that the usurper was not duly elected, but assumed the office as a result of demonstrable fraud. That said... point #2:

That is not an argument at all.

Once a member of the House, the Senate, or the President has been duly administered the Oath of Office, they are in that position and can only be removed in the manner that the Constitution says they can be removed. None of those manners include nullifying an election after the fact by a court because fraud was uncovered.

Even if tomorrow a group of people confessed to rigging the 2020 election for Biden, showed exactly how they did it, and had Biden on tape ordering it all to be done, the ONLY WAY TO REMOVE BIDEN from office is Impeachment by the House, and conviction by the Senate. The Supreme Court can't remove him, a Federal court can't remove him, and a state court can't remove him. Only a majority of the House can vote to Impeach him, and two-thirds of the Senate can vote to convict him. Upon conviction, the penalty as stipulated in the Constitution is removal from office, whereby the 25th Amendment is invoked to replace the President with the Vice President. NOT the wronged party from the election.

You might not like it, but it is the Constitution as written, and the Constitution is all that matters.

71 posted on 11/28/2022 2:01:11 PM PST by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: Yo-Yo
Once a member of the House, the Senate, or the President has been duly administered the Oath of Office, they are in that position and can only be removed in the manner that the Constitution says they can be removed. None of those manners include nullifying an election after the fact by a court because fraud was uncovered.

Each house of Congress is the judge of the election of its members. There is no time limit on that power. Murkowski can take the oat of office in January, and if the next Senate determines the ranked choice voting was a fraud, they can send her home. The Article III power of the federal courts is subject only to limitation by SCOTUS. Nothing in the constitution prevents either the D.C. District Court from hearing a writ of quo warranto, or SCOTUS itself from hearing that case if brought under its original jurisdiction.
83 posted on 11/28/2022 3:33:45 PM PST by Dr. Franklin ("A republic, if you can keep it." )
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