How cool would it be if the states and the Judicial Branch can solve this without Executive and Legislative? On time and under budget with a Civics lesson on the side.
I like your scenario.
numberonepal wrote:
“How cool would it be if the states and the Judicial Branch can solve this without Executive and Legislative? On time and under budget with a Civics lesson on the side.”
GA legislature can go around the gov and call a session by 2/3 of the state Senate & state house calling for it.
Speaking of civics lesson, see this regarding GA legislative:
https://m.facebook.com/story.php?story_fbid=5060434167307697&id=1623040457713769
“This is the testimony to the Georgia Senate, today, December 3, 2020, by Chapman University Law Professor John Eastman about how the Constitution, federal statutes, and Supreme Court precedent point to the power of state legislatures to determine on their own that the conduct of the election for electors in their state has not been conducted in the manner they have directed in law, and remedy the situation by directly selecting their own slate of electors.
The first ten minutes are the heart of the argument, but the question and answers with Georgia Senators, including questions from three Democrats was fascinating. He schooled the talking-point regurgitating, know nothing, hear-no-evil see-no-evil Democrats in a way that is beautiful to behold. He told them that they do NOT have to have evidence of fraud, much less conclusive evidence that the fraud was enough to be outcome determinative. He said that because the power is plenary (absolute), that all the legislature has to do is determine that the election has not been conducted in the manner in which the state legislature has directed. He gave numerous specific Georgia specifics which proved that.
He pointed out that McPherson v. Blacker said that the grant of power for elector selection to the state legislature comes from the U.S. Constitution, which trumps even state constitutional provisions that apply in other situations.
Under questioning, he responded to a question by a Republican Senator who said the Georgia Constitution allows the state legislature to call itself into session (without gubernatorial agreement) when 2/3 of each chamber decides it. The Senator asked if a simple majority could call itself into session in this situation (noting that because of the partisan divide, that 2/3 of both chambers were not likely to agree to call the session). Professor Eastman said that because the grant is from the federal Constitution and is plenary, that he thinks that the Georgia Constitution’s 2/3 requirement would not apply for elector selection activity.
This is the most clear and compelling case that has been made to a state legislature in all the hearings, so far.
If you want to really understand the Constitution on this vital issue, this will be 37 minutes well spent.”
“How cool would it be if the states and the Judicial Branch can solve this without Executive and Legislative? On time and under budget with a Civics lesson on the side.”
Let it be so!