Posted on 11/10/2020 5:00:36 AM PST by Kaslin
The nation is wrestling with profound political confusion. The 2020 election results are controversial, allegations of election fraud unresolved, and a constitutional crisis simmering. Everybody wants to know – Is it over? The legal answer, unless Trump concedes, is “no.” To understand this, one must see how our Founders configured the Constitutional process – for situations like this.
First, the Constitution’s Framers were not naïve – they knew the human tendency to bend rules, aggregate power, abuse public office, and government’s tendency to violate individual rights.
That is why we have three branches, checking each other’s powers. That is also why we have an unbridgeable Bill of Rights.
Part of not being naïve was knowing state election management could involve fraud. The Framers distrusted political parties, thought them spoilers, detracting from unity. What they did not anticipate was a very close election, 330 million Americans, and disrespect for history.
Regardless, Framers saw an “independent judiciary.” In 1803, Marbury v. Madison, the Court said: “It is emphatically the province and duty of the judicial department to say what the law is.”
Now, 217 years later, that ruling – with refinements and 14th Amendment’s application of “due process” and “equal protection” to the States – is vital. Whether constitutional violations occurred in administering the presidential election – rests with the US Supreme Court.
That, in turn, is why the answer is “no, this is not over.” Votes are still being counted and recounted. Election results are being challenged. Likelihood grows that the Supreme Court will be asked to validate or invalidate vote counts, based on constitutional principles.
To be clear, this is the High Court’s role. What they decide – will be final. No congressional or presidential action, let alone state attorney general, can upend it. That is why, with some grousing, the Supreme Court’s 2000 election decision was universally accepted.
Okay, so where are we – on the merits? While events keep changing, here is the latest. National media, which have no constitutional authority, have “declared” Joe Biden victor. They do this on facial evaluation of state counts. As these are challenged, the declaration has no authority.
What matters now are lawsuits, and Supreme Court rulings – plus the electoral college. Lawsuits have been filed in many states. Allegations differ, but all suits hit at election integrity.
Here is a top view.
In Pennsylvania, litigation is over counting ballots arriving days late. Before the election, the state’s highest court allowed the practice, Trump appealed, the Supreme Court split 4-4. Post-election, Justice Alito ordered constitutionally questionable ballots kept separate. Now, nine justices – with Justice Amy Coney Barret – populate the Court. Things could change.
Arguments in Trump’s favor include the Constitution’s delegation to state legislatures, not election officials, the matter of vote counting. Pennsylvania’s legislature played no role. Precedent exists to support Trump’s position, which could win over Alito, Gorsuch, Kavanaugh, Thomas, and now Barret. Of course, unknown is how many ballots are affected.
Other issues call Pennsylvania’s tally into question, including allegations of ballot “curing,” especially in Montgomery County. Voters were informed of ballot errors, permitted to recast. How widely, how often, affecting how many votes? Unclear. Citing Bush v. Gore (2000), invalidation could occur if all voters do not have “the same opportunity to vote.”
Other problems include blocking poll observers, irregularities in voter identification, ballot harvesting (that is, third-party collection), discarding ballots (including military), arbitrary deadlines, inexplicable pauses in counting, and sudden arrival of late ballots – for Biden.
In razor-thin Michigan, suits seeking redress for non-transparent counting were dismissed, yet others are pending. Allegations include a possible software “glitch” recording Trump votes for Biden, tampering at drop-boxes, blocking observers – especially in Detroit. Claims are detailed, numerous, and credible. Dismissed suits will be appealed.
In Wisconsin, expect a recount. The state must certify, taking weeks. One allegation is more votes were counted than registered, although reports are conflicted. Another suggests systemic count problems. Cross checks in this state are thorough, so evidence – if there – will surface.
In Georgia, where a solid Trump lead evaporated late – as in other states – questions abound. One allegation, supported by affidavits, is that votes received after polls closed were counted in Democrat strongholds, including Chatham County. Breaking news suggests more than 100,000 ballots potentially “ineligible” to be counted.
In Nevada, counting appears marred by thousands of non-residents voting, as well as dead people. The state’s Attorney General affirmed irregularities, although lawsuits will show seriousness. Counting will not end until November 12, as some counties remain unreported.
In Arizona, Biden’s margin continues to narrow. Lawsuits remain to be filed, but thousands of ballots must be counted. Claims surrounding “sharpie pens” seem dubious. On the other hand, the vote margin is thousands, and unresolved questions remain.
So, where does all this leave us? In the courts – with all eyes on the Supreme Court. Those celebrating Biden are premature. Media calls are fine – but final word has not been rendered. The possibility remains that the Supreme Court will invalidate ballots on which Biden depends.
Being clear-eyed is hard – especially with passions high. Biden may prevail, fraud may have occurred but be unprovable, or insufficient to throw an election. On the other hand, the Supreme Court could rule Biden’s victory unwarranted – and Donald Trump the winner. Truth is, we do not yet know. Only one thing is certain – lawsuits abound, and this election is not over yet.
Those who voted for Trump in the States he won, feel cheated.
Why can’t swing states get their acts together? Are the machines as corrupt as the politicians?
No, it is not over. Once a final decision is made, folks are going to see how much it’s not over, sadly.
A refreshing, clear-eyed, logical, and non-Gateway Pundit article. Thank you!
Well, if that’s what is to be, let it be so.
As with all unpleasant things, the sooner you get it on, the sooner you get it over with.
It’s deliberate.
The Swing States are targeted by the Left to create opportunities for vote fraud.
Also, by definition, authority is divided in swing states - that is why they’re swing states.
Since April of 2020. Interesting, to say the least. It’s going to be fun once the final decision is made. It won’t matter anymore, the people involved in this mess have set it up for that. Going to be millions of VERY unhappy people on one side or another. So, what does your side propose for a solution?
They should have federal marshals in every voting precinct where any party asks for security in order to ensure the law is followed, and prevent any intimidation of poll workers.
Once a final decision is made, folks are going to see how much it’s not over, sadly.
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Agree.
A few months ago, my thoughts on how all the “mail in ballots” would play out is as follows:
Trump would win on election night (just like the Rats predicted).
Then the Rats would discover how many “votes” they need to pass Trump. Cheating is what they do.
The mediass would declare victory for JoHo.
Trump sues at the highest level. (Thus the importance of ACB on the court)
SC declares all votes after election day/past 8pm invalid.
Trump wins re-election.
Massive riots in the streets ordered by the Deep State.
Trump uses the Insurrection Act to stabilize the U.S.
The Rats will die in large numbers due to their refusal to accept the true leader of the free world.
Not sure after this...
The remaining 66,000 remaining votes in Arizona if 61.5% go to Trump the state is his by 300-400 votes. That close there will be a recount.
Even The New York Times gets it.
What Happens When the Election Results Are Contested
Excellent summary. Thanks.
The general macro factors I cannot get over —
*There is simply no way Biden/Harris won 10,000,000 more votes than HRC, or 7,000,000 more votes than Obama.
*At no point in American History, has a major political party run a presidential candidate who is somewhere between senile and alzheimers (dependent on the dosage of drugs he can handle), or run a female Marxist VP candidate who is ideologically somewhere between Stalin, and Hitler.
That being said, the number of no-moral-boundaries socialist DNC faithful, who would vote for a brick, if it was nominated, is probably between 40% to 44%.
I personally believe, if real ballot audits were held in every state, there is a good chance the actual Biden/Harris ballot count, may well fall below the any recent Democratic presidential ticket.
This was a truly dud, and unpopular race.
If I were theoretically in the “ball park”, capping Biden support at 44% to 48%, legitimate Biden/Harris ballots cast might well be between 58 Million and 62 Million ballots.
Those of us who are now theoretically "behind enemy lines" will need to redeploy to Red states.
Hard to uproot a family and home, but two years from now it may be too late to move.
Any Blue-state Patriots facing a similar dilemma?
Are the machines as corrupt as the politicians?
No. Machines only do what people tell them to do, and it may be that those people are corrupt.
It only has to suggest "uncertainty."
In the presence of "uncertainty" the Legislature decides........ not a court.
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NOTE: The relevant states evidencing voter fraud have Republican legislatures.
ANALYSIS----GA's SoS’s office says it has found little evidence of fraud on a widespread basis. “There are going to be double
voters, and people unqualified to vote in this state. Is it 10,353? Unlikely,” he said, referring to Biden’s latest lead in the GA vote count.
(h/t where's_the_Outrage?---nobody explains it better)
It doesn't have to be 10K vote fraud..... all they have to do is show that 10K instances of voter fraud were possible........
The difference in the vote count is not the benchmark.
The point needs to be made that fraud could have changed the election.......
and finding ANY evidence at all confirms Biden was elected fraudulently.
“Are the machines as corrupt as the politicians?”
Machines are inanimate. The people who program the machines are stunningly corrupt in the swing states.
In Georgia, the Secretary of State, Raffensberger, who overseas elections and just replaced all the electronic voting machines in the state, should be investigated for "unexplained wealth". Just sayin'.
I'm VERY CONCERNED about the integrity of the coming unoff election for both our Senate seats.
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