Posted on 12/03/2020 9:23:31 AM PST by Dick Bachert
The following shows what the State Legislatures and each Branch of the federal government have the authority to do to address the monstrous crime which has been committed against our Country.
1. Article IV, §4, US Constitution
The fundamental Principle which should guide us in dealing with this issue is set forth at Article IV, §4, US Constitution. It reads,
“The United States shall guarantee to every State in this Union a Republican Form of Government….”
The essence of a “Republic” is that sovereign power is exercised by Representatives elected, directly or indirectly, by The People.[1]
Election fraud strikes at the heart of our Constitutional Republic. Therefore, Congress, the federal courts and the Executive Branch [i.e., the “United States”] have the duty, imposed by Article IV, §4, to negate the fraud in order to preserve our republican form of government.
As shown below, the States also have authority to remedy the election fraud committed in their State.
2. The Constitutional framework governing federal elections
These are the clauses in the US Constitution everyone should study:
Art. I, §4 is the “times, places, and manner” clause: It means what it says! Federal and State judges, and federal and State executive agencies, have no authority to tinker with election laws made by the State Legislatures or Congress. When they tinker with the laws, their acts are usurpations and must be treated as such [link].
Art. II, §1, clause 2: The President & Vice President are to be elected by Electors appointed, in such manner as the State Legislatures shall direct….
Art. II, §1, clause 4: Congress may determine the Time of chusing the Electors and the Day on which they Vote.
The 12th Amendment sets forth the procedures for how the Electors are to cast their votes for President & then for Vice President. To our detriment, we have ignored those procedures for a long time.
The 20th Amendment, §1, says the terms of President & Vice President end January 20; and the terms of Senators & Representatives end January 3.
And §2 of the 20th Amendment says Congress shall meet on January 3, unless they make a law setting a different date. Congress did make a law which changed that date to January 6.
3. The Statutory framework
At Title 3, US Code, §§ 1-21 [link], Congress implemented the constitutional provisions.
Congress understood there would be fights in the States over the selection of the Electors. So they provided for the fights:
A.
At 3 USC §1, Congress set November 3 as the date for appointing the Electors in the States.
But the next two Sections address what happens when Electors aren’t appointed on November 3.
§2 says the Electors may be appointed on a subsequent day in such a manner as the Legislature of each State may direct.
And §3 says Electors are chosen when any controversy respecting their appointment has been finally determined. “Determining the controversy” is, of course, the purpose of the litigation and the hearings in State Legislatures.
B.
Article II, §1, clause 4, US Constit., gives Congress authority to determine the Date on which the electors vote:
3 USC §7 sets that date for December 14.
But 3 USC §§12 & 13 provide for what happens when Congress hasn’t received the Electors’ votes by December 23.
So we see that flexibility to deal with fights in the States over the selection of Electors is built into the US Code.
C.
Now we get to the counting of the Electors’ Votes in Congress: 3 USC §15 says Congress is to meet on January 6 to count the votes. The President of the Senate [Mike Pence] presides. He is to call for objections to the votes. The rest of §15 and §§16-18 deal with handling the objections in Congress respecting the Electors’ votes.
So the statutory framework recognizes that selecting the Presidential Electors can get messy; and that there would be fights over the Electors in the States and in Congress. We are working through this process right now.
4. Congress has the power to determine whether the President elect and Vice President elect are qualified for office.
Section 3 of the 20th Amendment shows that Congress has the authority to determine whether the President elect and Vice President elect are qualified for office.[2] If either is not a natural born citizen, Congress has the power and the duty to disqualify that person.[3] Accordingly, it was Congress’ duty to inquire into whether Obama was a natural born citizen; and today it is Congress’ duty to inquire into whether Kamala Harris is a natural born citizen.
Congress also has the power – and the duty – to disqualify Biden and Harris on the ground that the fraud bringing about their sham “election” was an attack on the States’ Right, guaranteed by Article IV, §4, to have a republican form of government.
5. Election Fraud is a federal crime
It is the DUTY of the Department of Justice to investigate and prosecute the election fraud. It is disgraceful that they have done nothing.
6. The Duty of the Supreme Court
The Supreme Court is surely aware of its Duty, imposed by Article IV, §4, US Constitution, to guarantee to the States a republican form of government where Representatives are elected by The People – and not by corrupt politicians who pay for massive organized election fraud and cheating.
While the Supreme Court obviously cannot enforce its own rulings and must depend on the Executive Branch of the federal government to enforce them;[4] the Supreme Court must issue an Opinion consistent with Article IV, §4, which, when enforced by the Executive Branch of the federal government, solves the present crisis.
7. The State Legislatures should appoint replacement Electors
It is clear that State Legislatures have the power to ignore the fraudulent election and appoint a new set of Presidential Electors. Such is consistent with the Constitution and the statutory scheme laid out in 3 USC §§1-21. Furthermore, the Supreme Court has already acknowledged that State Legislatures may do this.
REMEMBER that Article II, §1, clause 2, US Constitution, says Electors are to be appointed “in such Manner as the State Legislatures” may direct.
Originally, Electors were generally chosen by the State Legislatures. In McPherson v. Blacker, decided 1892 [link], the Supreme Court gave the history of how each State Legislature chose their Electors since the first presidential election. It was only later that State Legislatures began to provide for the popular election of the Presidential Electors.
Congress expressly recognizes that State Legislatures may resume at any time the power to select the Electors. Remember that 3 USC §2, says,
“Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.”
Additionally, in Bush v. Gore, decided 2000 [link], the Supreme Court said that the State Legislature’s power to select the manner for appointing electors is plenary; it may, if it chooses, select the Electors itself; and even after granting the franchise to the People to select the Electors, State Legislatures can resume the power at any time.
So yes, in States where the election was stolen, the State Legislatures may – and should – reassume their plenary power to select the Electors. America urges the State Legislators to be bold and do what is right.
8. Warning
Republican establishment cowards who refuse to confront and defeat the election fraud don’t seem to understand the consequences of their refusal to man up and fight the fraud. Our Country is right now in the process of being overthrown and taken over by profoundly evil people. You better fight while we still can.
Endnotes:
[1] Federalist No. 10 (J. Madison) [link]: “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”
[2] The qualifications are set forth at Article II, §1, clause 5 and the 12th Amendment, last sentence.
[3] Whether or not a President elect or Vice President elect meet the constitutional qualifications for office is a political question for Congress to decide.
[4] Federalist No. 78 (A. Hamilton) [link] “…The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” [Caps are Hamilton’s; other emphasis added] © Publius Huldah
P
Your advice is sound. While the Constitution provides the methods it still requires courage and a willingness to put personal and political needs aside in defense of that very Constitution and of our Republic at this dangerous time.
Looks like from the resounding silence from the vast majority of state and Federal GOP politicians that the states are loath to go against the popular vote and will appoint HarrisBiden electors.
They are thinking of all the nice articles that will be written about them and the courage they showed as well as looking forward to a lot of swell party invites. The evidently could care less about election fraud, Trump, and the Constitution.
If all else fails, do what is necessary to get the election thrown into the House of Representatives where each state has only ONE vote.!!!!! SCOTUS knows its duty but may be afraid to perform it. JMHO
State legislators react better to bald threats than Constitutional niceties.
If I were on the Trump team I would deliver this message.
“You _will_ do your duty, disallow fraudulent votes, and send my electors to DC....”
or
“Our Constitutional system will have been seriously wounded, and I will have no alternative but to invoke the Insurrection Act and any other measures I deem necessary.”
The reality is that many spineless Republicans would actually _prefer_ that the President take all the heat...so the “threat” may not be enough to get them to act.
Right now the media is trying to take over, and is using the sheeple and the loyal leftists to do their work.
They will eventually see that they are going to lose and will try to get their loyals to rise up, and will also engage rogue leo/military to assist them.
The election is a joke, it was planned to be that way by the Deep State. They knew they would not just lose, but very badly.
The SCOTUS will rule in the favor of the law which is steadfastly on the side of not just Trump, but countless down ballot votes. The disenfranchising of these candidates must also be protected!
Imagine the results when the illegal votes are removed? How many house seats and senate seats is that?
Great posting and excerpt, and I’d like to use it elsewhere.
However, the link you provided goes to a page where the most recent article is 6-7 months old, and references GA voting machines.
No mention of the Constitutional remedies from your excerpt.
Do you have a link to it?
Who gets to decide when an election if fraudulent? Because that is what triggers everything in your solution.
The problem is, the people who can do something about this legally are ignoring it and do not believe the evidence being presented or that it is sufficient or valid.
Can you provide the working link to this story?
Thanks!
When President Harris loses in 2024 and claims it was because of fraud and declares martial I wonder how many people would be screaming here about it.
Yet, they think Trump should declare martial law because Flynn and McInerny and Wood and Powell are promoting it.
First step is to remove Government “Officials” and employees from the process. Since their very livelihood depends on who is in office, they have a huge conflict of interest in who gets elected. That has to be ended, once and for all.
I heard someone make an analogy on the radio yesterday and I believe it is relevant.....When someone is being carjacked or kidnapped, the best time to fight back is at the very start of the incident....every second you wait to take action, the less chance you have of surviving the situation.....The Republic is being carjacked....we have elected representatives for a reason.....they need to start representing.....
Yet, they think Trump should declare martial law because Flynn and McInerny and Wood and Powell are promoting it.
It is a slippery slope.
The Madison Forum?
It looks like a very thoughtful group of people and they are pursuing the truth.
I looked at the website and searched for the article and did not find a trace of it.
The article is a great bit of research and deserves repeating. I’d just like to see the “rest of the story”.
Constitutional law for elections....
These articles are the only ones attributed to author: Publius Huldah.
https://www.themadisonforum.com/?s=Publius+Huldah+
Dangers of An Article V Convention
Full House at Constitutional Convention Debate
Can you sum it up in just a few sentences, for the learning impaired like me???
If no electors are chosen by the states by Jan ?? the Electoral College votes without that / those state(s)' electors and the number of total EVs in the College is reduced by the number of EVs for that state. This was left out of the otherwise stellar article.
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