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Posted on 12/07/2020 5:07:08 AM PST by Kaslin
The U.S. Constitution was directly violated in the presidential election in Pennsylvania and half a dozen states. A new friend of the court brief filed last Thursday explains in the U.S. Supreme Court, in the case of Joseph B. Scarnati v. Pennsylvania Democrat Party, et al.
First, can anything be done? Each state legislature has the power to cure invalid elections in their state by directly appointing the Electors from their state who will vote in the Electoral College on December 14, 2020. We do not lack legal and constitutional remedies. We lack elected officials with guts.
The Supreme Court brief chronicles many times when State legislatures have directly chosen the Electors. 3 U.S. Code § 2 makes clear that the Legislature can directly appoint Electors even after election day if there is a failure for any reason of an election:
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. 3 U.S. Code § 2 Failure to make choice on prescribed day
The White House Watch Fund, Conservative Christian Center of Pennsylvania, Americans for a Conservative Agenda, and individual Pennsylvania and other voters filed a brief as independent interested parties.
The U.S. Constitution requires that only state legislatures can set the rules for choosing Electors who elect a U.S. president. Article II, Section 1, Clause 2 of the U.S. Constitution requires that "Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole of number of Senators and Representatives to which the State may be entitled in the Congress…"[emphasis added].
(Excerpt) Read more at americanthinker.com ...
“we lack elected officials with guts” says it all. Since it is Trump, the disruptor & representative of “We The People” and not a career politician (what Dems & RINOS have in common) it is OK to turn there heads and “didn’t see nutin’”
Any elector hanky-panky out of the judiciary or executive is a Coup. The Legislature is the only branch representing the people DIRECTLY. Usurpation by the judiciary/executive is a take-over by the oligarchy.
When the people really need them they run and hide. They are only it for the money.
The first order of business: December 14th date must be delayed by the Supreme Court.
This is an excellent article chronicling the violations of state law. Federal law has granted authority to the states to pass laws governing their elections. An election that violates state law cannot be decided “in accordance with state law” and if the legislature were to certify the election it would violate the Federal grant of authority.
President Trump is entitled to his day in court and will be denied substantive due process and his right to a trial unless the Georgia Legislature postpones the December 14th deadline for selecting the slate of electors. It could not have been the intent of Congress to hold strictly to the deadline if the deadline were to deprive a candidate of his day in court, which of course will be the case unless the deadline is moved.
CAUTION:
Once a Legislature selects the slate of electors and Congress certifies the election results, the Court is not likely to challenge the decision. To do so would create a constitutional crisis. In the end the Constitution gives Congress the final say, but the Constitution also gives each state legislature discretion, and gives the Federal Judiciary the final say as to whether the election process violated the constitutional rights of a candidate. Until the state Legislature and Congress actually certify the election the ball is in the U.S. Supreme Court’s hands. There is sufficient public skepticism about the fairness of the election to justify a delay in certifying the slate of electors.
What?
You may be wrong. Cynicism is a cancer, don’t spread it.
You may be right, but you apparently have also given up. too bad
so you have given up?
Isn't that date December 14? And haven't all the states certified electors already?
“ First, can anything be done?”
There are several things that can be done. They include tossing the illegal, unconstitutional votes received after the date specified in the Pa Constitution.
That question assumes that the poster (and perhaps me as well) have, or had, the ability to fight this. One cannot "give up" if one was never in the fight to begin with.
I am resigned, however, to the ultimate outcome. Reality has become too obvious to ignore.
Coward......
Take not counsel of your fears
The left knows that you and your kind can be beaten with a few words and won over to the darkside
I know what's coming. I'm getting more prepared than I already was. I'm facing it head on.
What are you doing? Sitting at home hoping for the best?
No, I’m hard at work fighting the cowards on Free Republic
No, I’m hard at work fighting the cowards on Free Republic
We lack elected officials with guts.
***************
We also lack officials with integrity and wisdom.
Our unprincipled political class is easily manipulated and bought.
bttt
Pennsylvania Ping!
Please ping me with articles of interest.
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