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To: Bruce Campbells Chin; Reily; MayflowerMadam; RideForever
In order for the Quo Warranto argument to work, it has to be coupled with the 20th amendment's "failure to qualify" standard. Once "failure to qualify" is determined, then the 20th amendment has a procedure for Congress to appoint an "acting President" until a "President has qualified."

If Congress is willing to make the argument that:

  1. “Fraud vitiates everything” and there is no statute of limitations on "failure to qualify" if it is proven that there was fraud, and
  2. the cover-up of fraud by election officials was done with the purpose of concealing the fraud until after inauguration day, then
  3. there is a process in the 20th amendment to declare the offices vacant and Congress can appoint an "acting President" until a President "shall have qualified."

My plan:


By using the 20th amendment to declare the office vacant due to failure to qualify instead of vacating the office due to impeachment, death, or resignation, the procedure laid out in the 20th amendment to fill the vacancy would apply (which bypasses the Speaker ascending to the Presidency).

Amendment 20

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Consider the clause "If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify..."

The conjunction "or" separates two distinct cases: 1) when the President is not chosen by the inauguration date, or 2) when the President "failed to qualify." I'm arguing to disconnect the "failed to qualify" from "chosen by the time fixed..."

"Failed to qualify" due to a conspiracy to defraud would have no statute of limitations, and Congress should ex post facto declare the office vacant on the grounds of the 20th amendment, name the Acting President, and then pass a law to qualify a new President.

  1. Republicans retake control of Congress due to mass calls for Democrat resignations for ill-gotten wins.
  2. Via the 20th amendment, Congress declares the actual winner (President Trump) to fill the vacancy as "Acting President" until the office can be filled by someone who qualifies.
  3. Via the 20th amendment and Article II Section I Clause 3, Congress passes a law moving the Presidential election up to 2022, and that it will forever be on a new four-year schedule beginning in 2022. This will satisfy Presidential term limits, as Trump will fill less than half of Biden's illegitimate term and then get his own second term. He won't be penalized for losing part of his term because of Democrat criminality.

For this to work, someone has to argue that the "failed to qualify" has no statute of limitations, and that fraud and cover-up (“Fraud vitiates everything”) supersedes any requirement to discover the conspiracy in the few weeks between the election and inauguration.

-PJ

77 posted on 07/19/2021 1:18:06 PM PDT by Political Junkie Too (* LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Political Junkie Too

Best Constitution based argument I’ve seen. Still the chances are slim to nonexistent with this Congress. Maybe better in the next but not by much ! This is why the election integrity issues most be vigorously fought now. You might have a ghost of a chance then but I’m more worried about the future. The more fraud detail and its extent that comes out the more the Biden agenda grinds to a halt. It can be completely checked with a good 2022, this will setup 2024.


82 posted on 07/19/2021 1:37:07 PM PDT by Reily
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To: Political Junkie Too; Reily
"If Congress is willing to make the argument that: 1. Fraud vitiates everything” and there is no statute of limitations on "failure to qualify" if it is proven that there was fraud, and...

Yes, this.

90 posted on 07/19/2021 2:07:37 PM PDT by FreeReign
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To: Political Junkie Too
All of these arguments about what processes are in place for Congress, courts, etc., to use with regards to the fraudulent election -- ALL OVERLOOK THE OBVIOUS.

Every elected position in the US House, Senate, state governors, state legislatures, and every other elected position, IS NOT LEGITIMATELY OCCUPIED, or at best, is in question due to the massive countrywide fraud.

98 posted on 07/19/2021 7:18:13 PM PDT by meadsjn (, )
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To: Political Junkie Too

Wow! Very good analysis. Thanks


108 posted on 07/20/2021 3:45:49 PM PDT by I_be_tc ( )
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