Who has the power to appoint presidential electors? (An important read on the Constitutional authority of the state legislatures!)

https://www.americanthinker.com ^ | 12.20.2020 | Leo Donofrio

[rxsid]

Who has the power to appoint presidential electors?

Now that inferior election officials in Arizona have rejected a legally issued legislative subpoena [...], the Legislature of Arizona must use its enforcement powers [...].

But what enforcement authority [...]? It's not the Judiciary. And it's not a sheriff, or state capital police. The Arizona Legislature has plenary authority over appointing presidential electors. All it has to do is self-convene by quorum in each branch, or by joint ballot, then vote to send Trump electors; then send the slate to Washington, D.C. That's how you enforce the subpoena.

But then you do one more thing, Arizona Legislature. You sprint into federal district court, and you demand a Writ of Prohibition against Vice President Pence, ordering him not to open the previous slate of presidential electors sent by Arizona. And you will win that writ. Here's why:

3 USC §§5–15 ARE UNCONSTITUTIONAL

Congress cannot order a state Legislature regarding how to exercise its plenary authority. All Congress can do is set the time presidential electors must be appointed (see the federal Election Day statute) and when electors must meet and give their ballots. My previous report on the timing proved that the hard deadline is January 4, 2021 and that December 14 was not the last possible date. There's still time for each contested result to be set straight by the state Legislatures.

Everyone should read [...] SCOTUS precedent on plenary authority of the state Legislatures over choosing presidential electors, McPherson v. Blacker, (1892):

'Whatever provisions may be made by statute, or by the state constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated.'

[rxsid]

Ping!

Who has the power to appoint presidential electors?

[lee martell]

That’s a very specific sort of question I never thought I would have to be concerned with. Until now.

[Jim Noble]

No question that State Legislatures have sole authority to appoint Electors.

They all have done so.

[rxsid]

And, they can reconvene and choose a different slate of electors to be transmitted to congress before the Jan 4th deadline. Even SCOTUS agreed.

"The words "at any time" are unambiguous, but they must be read in light of the power of Congress to set the time. But "time" is the only power Congress has over electors. Congress cannot choose which slate of presidential electors will be counted on January 6."

[Jim Noble]

And, they can reconvene and choose a different slate of electors to be transmitted to congress before the Jan 4th deadline

And, they have all said they are not going to do that.

[rxsid]

And that's why this isn't a question of Constitutional authority, or whether they have already sent a slate of electors. They can send another IF they so choose.

Having the will to do it, or not, is the issue. Pressure (or lack thereof) from their constituents, is another issue.

If the steal succeeds, the republican state legislature will be accessories to the steal and just as guilty as the dems that perpetrated it.

[bitt]

P

[ptsal]

Bkmk

[absalom01]

This will not happen.

[Political Junkie Too]

Do the legislators have the will to follow the law? Which side of history do they want to be on? Because everyone knows that more and more evidence is coming.

-PJ

[CJ Wolf]

This would bE like adding peanut butter to my butter pecan ice cream. Delicious.

[joshua c]

I would say they are under their desks with a wet finger in the air checking which the wind blows.

[DoodleDawg]

Unfortunately, too many state Legislatures think, or at least want you to think, that they had the power to abdicate plenary authority over presidential electors when they allowed a popular vote. No. The Legislatures did not abdicate authority, nor could they have abdicated such authority, according to the United States Supreme Court's holding in McPherson v. Blacker.

Article II says state legislatures have the power to direct how presidential electors are appointed. They chose to have the voters in the states choose them. Can the legislature change the manner in which electors are selected? Of course they can. Can they do it after the electors have already been chosen? Maybe, maybe not. The courts would have to decide that.

[ptsal]

This would bE like adding peanut butter to my butter pecan ice cream. Delicious.

---

A splash of Evan Williams whiskey is also a nice touch.

[AndyJackson]

there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated.

You think it's a tax Roberts - chief subverter of the US -Constitution cannot think something up quick.

[ptsal]

Why does the author refer to Michigan, when the linked text cites Wisconsin?

In Michigan, the Supreme Court held that the election there was illegally conducted as to indefinitely confined voters. Truly handicapped people deserve equal protection of law. Those handicapped people saw their votes nullified by criminals who stole from them — a courtesy the Legislature designed to protect their rights. Those criminals parked in handicapped spaces. Where is the Michigan Legislature now? Why aren't legislators taking action? They know that close to 200,000 of those ballots were illegally cast. What more do they need? And like Arizona, Michigan has enforcement power. It is plenary, and it cannot be abdicated.

[Son House]

Article on that today;

Law Prohibits Pence From Accepting Electoral Votes From Fraudulently Certified States
https://nationalfile.com/law-prohibits-pence-from-accepting-electoral-votes-from-fraudulently-certified-states-constitutional-lawyer/

[ptsal]

Post 14- I disagree. Moving the goal posts is just not in my definition of a fair game.

Yes, the legislature change rules before the election, but on game day, there is only one set of rules. Period.

[DoodleDawg]

Yes, the legislature change rules before the election, but on game day, there is only one set of rules. Period.

It's a bit late in the game for the rule change but like I said, if the legislatures choose to do it then the courts will be the final arbitrator. But at this point it does not look like any legislature in any state is going to appoint a second slate of electors.