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To: Political Junkie Too
...if the state is at risk of failing to appoint its Electors, does the legislature have the power to step in and directly appoint the electors before the safe harbor date passes?

In my opinion, no. Not without going through the constitutionally sanctioned process.

And SCOTUS precedent is on my side.

Just because they'll be a messy outcome isn't justification for ignoring the constitution.

Our system isn't based on us ultimately asking Daddy (the state legislature) to resolve our conflicts.

The US Constitution defined a process regardless of the PA result and I think that's what SCOTUS will uphold.

45 posted on 10/27/2020 6:51:46 PM PDT by semimojo
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To: semimojo
Fine. I think that's the "Constitution is a suicide pact" thinking, which I disagree with.

Your conclusion is that the legislature is helpless to step in and protect the people from the havoc caused by activist courts, even when Article II gives supremacy to the legislatures when choosing electors and time has run out.

I think this discussion has run its course. Both sides are clear for future readers to conclude for themselves.

-PJ

46 posted on 10/27/2020 7:01:13 PM PDT by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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