Posted on 12/25/2020 9:20:03 PM PST by Hostage
The lawsuit before the Supreme Court seeks to direct the Vice President to refuse to include the Electoral votes from five states until those state legislatures can certify their votes.
In one of the most potent lawsuits to reach the US Supreme Court, the Amistad Project has filed a lawsuit on a point of constitutional order that would force the President of the Senate – Vice President Mike Pence – to remand the Electoral College votes of five states to their respective legislatures for certification.
The Thomas More Society’s Amistad Project filed a lawsuit on December 22, 2020, claiming that a several federal and state laws, some enacted under the guise of COVID protection, had unconstitutionally and illegally delegated the authority of the various state legislatures to certify Electoral College votes to state executive branches.
The Amistad Project is arguing that the state legislatures of Pennsylvania, Michigan, Wisconsin, Georgia, and Arizona – by virtue of this unconstitutional transfer of power, were prohibited from exercising their rightful power under the US Constitution to certify the presidential Electors’ votes cast on December 14, 2020, in their respective states.
Under Article II of the US Constitution, presidential Electors must be appointed by each state in the manner prescribed by the state’s legislature:
The lawsuit charges that Article II prohibits state legislatures from delegating their power to state executive branch officials in any capacity as there is no authority granted to delegate the power.
“There are textual and structural arguments for these state statutes being unconstitutional,” the lawsuit reads, adding that the offending state laws are an “unconstitutional delegation of the state legislative prerogatives of post-election certifications of Presidential votes and of Presidential electors.”
The lawsuit also contends that some of the state legislatures in question, many of which are adjourned until January 2021, are being deliberately prevented from meeting – for partisan political purposes – to perform their post-election certification duty per the US Constitution.
The Amistad Project cited governors in at least two states who refuse to call a special session – per state constitutional stricture – so that the legislatures can legally perform their constitutional mandates.
“The very body that is responsible for how these electors are selected, can’t even meet after the election, up through January. So that’s unconstitutional, in that it’s a delegation of authority to a governor of a legislative function. That is not allowed,” Phil Kline, director of the Amistad Project, told reporters.
The lawsuit names as defendants Vice President Mike Pence, both houses of Congress, and various executive branch and legislative officials from the five states named in the suit.
The relief the Amistad Project seeks from the US Supreme Court is for the High Court to declare sections of the federal and state laws that empower the several state executives with post-election certification authority as unconstitutional.
The lawsuit also seeks to prevent Vice President Mike Pence, who will be presiding over the counting the Electoral College votes, and Congress from including the votes from Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin until their individual state legislatures are able to meet and – independent of their states’ executive branches – certify the votes.
A call from National File reporters to Vice President Pence’s chief of staff ended abruptly when the subject of the Vice President’s adherence to his constitutional duties was broached.
To date, his office has not issued a declarative statement as to whether he will execute his constitutional duty to protect the legitimacy of the Electoral College vote.
Not according to Article III. But the Constitution seems to have lost its meaning these days.
Does he now? Which law gives him that?
“some question as to whether Pence has the testicular fortitude”
I think he’s got it in him. His persona seems mild and passive, but underneath he’s strong. There have been instances when it would’ve been easy for him to walk away and some would have understood (the “pussy tape” for one example), but he stood by PDJT.
This time, if he’s truly a born-again Christian, he will have to do the right thing. The choice is between a baby killer, and a NOT baby killer, and an America lover, and a China lover.
Pray for Pence.
Wait and worry I’ll not do your research for you but will give you a clue. Study the first three electoral votes reported and recorded in the first three electoral votes. Therein lays the answer to your question
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How does a lawsuit ‘direct’ ?
The Constitution says what he has the power to do.
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‘I am curious as to how many other states used COVID-19 as an excuse to circumvent vote integrity.’
I think that would be fifty...
‘Another stunt making the people pursuing this look like crackpots with dubious legal credentials...’
well, yes, but without these ‘stunts’ imagine how dull this board would be...
‘Good point but Phil Kline is no lightweight and he has cases before the Supreme Court.’
hopefully he’s heavier than Sidney Powell and her Kracken put together...
Boom Bang Bombshell. Has Hannity weighed in?
‘Study the first three electoral votes reported and recorded in the first three electoral votes.’
???...
What I’m discussing is recorded History
let it break out while we still have power, better position to fight from
not sure of that one, but it will be the history books for him if he does, i hope he has already filed by deadlines and wants to keep it on the down low to avoid things like nashville and marches on individuals homes..
I’ll be dumping Dish TV shortly after the new year starts.
I have never heard of Dish TV.
The rest of your comments seemingly are unrelated to your opening sentence.
In other words somewhere between dumping Dish TV and your last sentence, the reason for dumping Dish TV is lost. On me at least, and I have been a Dish Network subscriber from the beginning.
I have to assume you are discussing the loss of Network channels from your Dish package. Why would you care? It has precious little to do with your reasoning. The Networks routinely try to get you to pay more and more for the privilege of having them available.
In the meantime those people at Dish responsible for seeing you not being blackmailed by network television, occasionally kick the networks off the platform and have them at least negotiate their ever increasing rates. Hang in there. There is usually a successful resolution to the problem.
Phill (not Phil) Kline's legal credentials include being Kansas' Attorney General from 2003-2007. He lost his bid for reelection to a Democrat.
In 2013, his law license was suspended indefinitely by the Kansas Supreme Court after he illegally accessed the private medical files of Kansas women who had undergone abortions. He appealed this suspension in Federal courts in 2016 and again in 2017, losing both times.
“More and more pressure is now being applied to State Legislatures, Congress, and to VP Pence.”
What concerns me is those State legislatures have refused to do anything to get the vote right. I might be wrong and perhaps they didn’t have the chance to do it, but as soon as they saw fraudulent electors being certified by the secretaries of State and before that, election laws changed illegally, they could have send something if they wanted to. How if they are pressed I wouldn’t even be surprised if they vote for Biden.
Pray for Pence.
==
Indeed!
“Notables in the background say it is brilliant because it allows Pence to look hurt and prone to injury giving him a chance to raise his hands palms up with a “what do I do?” look.”
Kind of sad Pence needs cover to do the right thing.
Trump wouldn’t
Which, obviously, they don't.
Not ripe yet!
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