To: Bellagio
There is no taking back anything the Governor & SOS a power they 'never' had.
The power was delegated to the Commonwealth's voters through an election. The SoS was empowered by statute to administer that election and the governor empowered by statute to certify the results of the election. Should the legislature now appoint the electors themselves, there could be a problem if the governor certifies a different slate of electors and forwards it to Congress. The U.S. Constitution states that the state legislatures determine how state's electors are choosen, but federal statutory law states that if two slates of electors are submitted, the slate certified by the governor is preferred by Congress.
20 posted on
11/27/2020 11:48:34 AM PST by
Dr. Franklin
("A republic, if you can keep it.")
To: Dr. Franklin
The legislature determines the process under the federal constitution. It makes no mention of time frame except before the electors meet. If the legislature determines now that in cases of disputed elections, the power of the governor is hereby suspended for that election than that is the process.
To: Dr. Franklin
The power was delegated to the Commonwealth's voters through an election.Exactly. And this was a decision made by the PA legislature when it passed and amended the Pennsylvania Election Code.
The legislature is free to change the method of choosing electors but they have to do it via the same process they used the first time - legislation approved by the governor.
23 posted on
11/27/2020 12:03:17 PM PST by
semimojo
To: Dr. Franklin
No... the power was abrogated by statute, not surrendered.
To delegate is to assign or confer a responsibility by proxy/representation and not to absolve the source of such borrowed authority.
"... but federal statutory law states that if two slates of electors are submitted, the slate certified by the governor is preferred by Congress."
LOL! 'preferred'?? That is parliamentary and can be challenged on January 6th, 2021.
Federal statutory law does not trump the constitution. Statutory law must be pursuant to supreme law! It cannot change it, alter, expand, imply, restrict or usurp it. Only a constitutional amendment can do that... or a very corrupt SCOTUS by judicial activist fiat.
25 posted on
11/27/2020 12:08:33 PM PST by
Bellagio
To: Dr. Franklin
BS. The power was DEGALATED and it can be reassumed AT ANY TIME. Why do you hate the Constitution so?
71 posted on
11/28/2020 9:24:42 PM PST by
central_va
(I won't be reconstructed and I do not give a damn...)
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