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: Bellagio
No... the power was abrogated by statute, not surrendered.
Legally and constitutionally, the power was delegated, not abrogated. It can be reclaimed.
Federal statutory law does not trump the constitution.
The Twelth Amendment does not specify what to do if a state submitts two competing slates of presidential electors. Federal statutory law does. It states that when two slates of electors are received the one certified by the state's governor is presumed legitimate unless both houses of Congress vote otherwise. Yes, there is a constitutional argument, which again would involve the federal courts issuing injunctions to governors to certify, or not cerify, slates of electors.
29 posted on
11/27/2020 12:17:58 PM PST by
Dr. Franklin
("A republic, if you can keep it.")
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