Posted on 12/20/2020 7:51:21 PM PST by rxsid
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.'
(Excerpt) Read more at americanthinker.com ...
“Cheating fair and square” is not on my list of okay items.
It is what it is. You and I can't change it and those who can seem not to want to do anything.
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