Posted on 11/27/2020 11:17:14 AM PST by Dr. Franklin
Mastriano: “…So, we’re gonna do a resolution between the House and Senate, hopefully today. I’ve spent two hours online trying to coordinate this with my colleagues. And there’s a lot of good people working this here. Saying, that the resolution saying we’re going to take our power back. We’re gonna seat the electors. Now obviously we’re gonna need the support of the leadership of the House and Senate, we’re getting there on that. But we need to act like…”
Bannon: “Hold it, hold it, hold it. I think we got some breaking news here. You’re saying you’re going to get a joint resolution to actually go forward and, the Republicans control the House and Senate, to go forward to basically take the power back from the secretary of state and put it in the state legislature to put forward the electors?”
Mastriano: “That is exactly what we’re gonna do. And so, look, it’s gonna obviously be a struggle. We’re gonna hear the palpitations and you know the outcries of our Governor Wolf and Secretary Boockvar, whose resignation should have happened months ago and she shouldn’t have ever been confirmed. But you know what we have that power and we’re gonna take that power back because there’s so much evidence of shenanigans and fraud, we can’t stand aside and just watch this unfold around us. You know, it’s not about disenfranchising anybody, it’s making sure that every legal vote counted. And if there’s extensive shenanigans out there it’s up to the General Assembly to step in. So we have a fight on our hands and we’re gonna fight. We’re gonna take the fight all the way to the Supreme Court if we have to.”
We are at a situation where the Democrats are suborning fraud. They know what happened, but they are so power mad, so erotic about telling everyone how to live they don’t care about law and civil society. They use the Pravdistic media, both broadcast and print as their vessels to hide what is gong on. Do they really think they can waltz into power and not be challenged? These purported Republican “judges” in Pennsylvania saw no evidence of fraud? Who are they kidding? No one wants a full on shooting second civil war, but Biden is not and never will be my or anyone’s president, no matter what oath he takes. I don’t care.
Hmmm...So the SoS, and the PA governor are ignoring those laws, but the legislature must defer to them now?
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I hope SCOTUS recognizes this dismissive posture and dangerous abuse of power and cites it in their decision. This arrogance and hypocrisy needs to be checked, especially in a state like Pennsylvania that has Democrat controlled big cities that have a disproportionate effect on our national elections.
Actually, I think this case reveals one of the weaknesses of too pure textualism.
Think of the implications. They would be saying that the only power the people of PA have to choose the President is via electing their state representatives.
It doesn't matter if the state constitution guarantees an equal protection right to vote. It only matters what a majority of the legislature decide to do on on or before December 13. They can completely ignore the popular vote in their state and just choose the electors they want, and there's absolutely nothing the people of the state can do to change it.
Any legislation they lobby for and get passed can be ignored. Any referendum passed by the people can be ignored. Any constitutional amendment they may pass can be ignored.
The people are screwed.
Forever.
Or at least until the US Constitution is amended.
Does anyone think the states would have agreed to that at time of ratification? Was that really the original intent or was it to put the method of choosing representatives and electors in the hands of the states?
So far SCOTUS has ruled it was the latter, and that makes the most sense to me, too.
Nicely packaged that way. And if one of these states rolls over, it sets a precedent for the others.
Yes, exactly.
BUSH v. GORE (2000)
https://supreme.justia.com/cases/federal/us/531/98/
U. S. Const., Art. II, § 1. This is the source for the statement in McPherson v. Blacker, 146 U. S. 1, 35 (1892), the state legislature’s power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by state legislatures in several States for many years after the framing of our Constitution.
CHIAFALO ET AL. v. WASHINGTON (2020)
https://supreme.justia.com/cases/federal/us/591/19-465/case.pdf
Article II, §1’s appointments power gives the States far reaching authority over presidential electors, absent some other constitutional constraint. As noted earlier, each State may appoint electors “in such Manner as the Legislature thereof may direct.” Art. II, §1, cl. 2; see supra, at 2. This Court has described that clause as “conveying the broadest power of determination” over who becomes an elector.
Under your scheme statutes have nothing to do with it.
The legislature passed statutes in PA defining the process - the Pennsylvania Election Code. Your argument is if the legislature doesn't like the result of the election, for any reason, they can say "never mind that law we passed or your votes, we like this guy".
And there's nothing the people can ever do to change it.
IANAL, but it appears the US Constitution says the Legislature has the ultimate authority to select the electors. For decades, if not a century, they did precisely that. But your statement that it would suddenly be the only way the President is ever selected, in every state, appears to be an extreme projection of the future. A Constitutional Amendment could change that if necessary.
It only matters what a majority of the legislature decide to do on on or before December 13. They can completely ignore the popular vote in their state and just choose the electors they want, and there's absolutely nothing the people of the state can do to change it.
The people of the state can make legal arguments against it, in courts, which is precisely what is being done now.
The election was fraudulent the legislators ONLY have this power if the election is fraudulent AND IT IS!!!{
The legislators did NOT have the proof slammed down their throats before yesterday the house has the votes, now it is up to the state senate!!
Ever? I don't think that statement is exactly correct.
1. Seek recourse in the courts, as is being done now.
2. Vote to remove/replace their state legislators.
3. Seek a Constitutional Amendment.
No?
The house does not have the votes. If they did they would not be caterwauling about it.
It's always nice when personal interests and justice align so clearly.
That wasn't my statement.
I said it could be the way presidential electors were selected ant that the people would have no direct say.
Read the opinion. The whole point was the FL legislature had passed election laws and those laws were controlling.
Likewise, in PA the legislature has passed election laws, but now, since the results aren't what some want, they say ignore those laws.
But the argument is the legislature's powers are plenary, so the court's opinion carries no weight.
Vote to remove/replace their state legislators.
Fine, but the new legislators still have the power to arbitrarily apply their will regardless of their campaign promises. This offers the voters no real power.
Seek a Constitutional Amendment.
If the states thought this would ever be an issue they would have never ratified the constitution in the first place.
The Bush team was only asking for the laws to be enforced. The passage I excerpted is well known within this area of discussion as suggesting the legislature had powers greater than simply creating legislation alone, per my understanding.
And in this case fraud is/will be alleged. Strange of you to refer to the victims of said fraud, of which there are reportedly hundreds of sworn statement currently affirming it, as those who just simply aren't happy with the results. I see them more as the infringed, seeking a fair remedy for not only themselves, but for the nation as a whole.
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