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It's for Mike Pence to Judge whether a Presidential Election Was Held at All
American Thinker.com ^ | December 16, 2020 | Ted Noel

Posted on 12/26/2020 4:20:57 AM PST by Kaslin

On January 6, a joint session of Congress will open with Vice President Pence presiding as president of the Senate. His power will be plenary and unappealable. You heard that right. As president of the Senate, every objection comes directly to him, and he can rule any objection "out of order" or "denied." His task will be to fulfill his oath of office to protect and defend the Constitution of the United States and to ensure that the laws be faithfully executed. This is a high standard of performance, and V.P. Pence will have two choices. He can roll over on "certified" electors, or he can uphold the law.

Article II, Section 1 of the Constitution gives state legislatures "plenary authority" as enunciated in Bush v. Gore. This is key, since the counting of votes is discussed in Article II, the 12th Amendment, and 3 USC 15. To this we must add the history of counting and objections recounted by Alexander Macris (here and here). Put bluntly, it's as clear as mud. Add to that the fact that the contested states of Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin have sent dueling slates of electors to D.C. This means that the V.P. has to decide how he will handle the situation when two sealed envelopes are handed to him from any of those states.

Macris points out that in 1800, even with constitutional deficiencies in Georgia, Thomas Jefferson blithely counted defective electoral votes from Georgia, effectively voting himself into the presidency. This demonstrates that the president of the Senate is the final authority on any motions or objections during the vote-counting. There is no appeal. That doesn't mean there won't be any outrage. Whatever Pence does, people will be angry. But what does the law demand?

(Excerpt) Read more at americanthinker.com ...


TOPICS: Culture/Society; Editorial; Politics/Elections
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1 posted on 12/26/2020 4:20:57 AM PST by Kaslin
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Comment #2 Removed by Moderator

To: Kaslin

An election WAS held and the Vice President is NOT going to overturn it.


3 posted on 12/26/2020 4:24:59 AM PST by Ge0ffrey
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To: Ge0ffrey

“An election WAS held and the Vice President is NOT going to overturn it.”

Unfortunately , you are correct . It’s over . The fix was in and it won . Joe Biden will be POTUS from Jan. 20th . But not for long ...


4 posted on 12/26/2020 4:28:41 AM PST by sushiman (i)
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To: Ge0ffrey

You’re right; not likely.


5 posted on 12/26/2020 4:30:00 AM PST by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: Mr. K

Why would he turn it over?


6 posted on 12/26/2020 4:32:51 AM PST by Kaslin (Joe Biden will never be my President, and neither will Kamala Harris)
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To: Kaslin
Put bluntly, it's as clear as mud. Add to that the fact that the contested states of Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin have sent dueling slates of electors to D.C.

The states have sent only one slate of electors. The Republican Party in a couple of slates have selected competing slates of electors but those slates have no legal status. Right now Pence will have one slate to chose from, and that will remain true unless actual state legislatures choose to send a competing slate. I don't see any signs that that is going to happen.

7 posted on 12/26/2020 4:33:21 AM PST by DoodleDawg
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Comment #8 Removed by Moderator

To: Kaslin

Yep the VP could turn biden out .... its history and has been done before at a counting of electors


9 posted on 12/26/2020 4:37:07 AM PST by no-to-illegals ( Liberals, leftists, Rinos, moslems, illegals, lamestream media. All want America to fail and die)
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To: sushiman

Why don’t you stop jumping to conclusions and wait what will happen? If Biden is not declared president, neither will be Camel face Harris.


10 posted on 12/26/2020 4:37:27 AM PST by Kaslin (Joe Biden will never be my President, and neither will Kamala Harris)
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To: DoodleDawg

Legislatures can decertify and that fight is going on right now.

Breaking: two Wisconsin legislators filed against illegal electors.

Battles continue nationally on every front.
Don’t be mad, be glad. 🐸


11 posted on 12/26/2020 4:40:59 AM PST by romanesq (TRUSTY THE PLAN! So ChiCom Joe is the Plan? Que magnificent! /s 👹)
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To: Ge0ffrey

“An election WAS held and the Vice President is NOT going to overturn it.”

Pence has been a lawyer, talk show host and then a politician since 2000. He is only 61 years old with much more money to make yet. Pence has been mingling with Deep State (PEPFAR, GF, recently CDC/WHO).

If one had to bet...


12 posted on 12/26/2020 4:41:08 AM PST by polymuser (A socialist is a communist without the power to take everything from their citizens...yet.)
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Him or us — whichever.


13 posted on 12/26/2020 4:46:43 AM PST by Gene Eric (Don't be a statist!)
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To: Kaslin

This is interesting:

https://twitter.com/PatrickByrne/status/1342813481947508737


14 posted on 12/26/2020 4:47:49 AM PST by 9YearLurker
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To: Kaslin

“This means that the V.P. has to decide how he will handle the situation when two sealed envelopes are handed to him from any of those states.”

Is there specified protocol as to how the outside of envelopes are marked? I wonder if he’ll know by the markings if one is from the GOP or RATs? Maybe he’ll have to open both and then decide. I know ... rambling ... but I just wonder.


15 posted on 12/26/2020 4:51:33 AM PST by MayflowerMadam ("Stand fast therefore in the liberty wherewith Christ hath made us free" Galatians 5:1)
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Comment #16 Removed by Moderator

Comment #17 Removed by Moderator

To: Kaslin

He can always pass the buck. That seems to be the favorite option when politics meets principle.
We’ll know all we need to know about Mike Pence when the time comes for him to act.
But what we truly need to know is about ourselves. Ultimately we decide the course of our nation. Or pass the buck.


18 posted on 12/26/2020 4:54:42 AM PST by Buttons12 ( )
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To: 9YearLurker

19 posted on 12/26/2020 4:56:32 AM PST by Kaslin (Joe Biden will never be my President, and neither will Kamala Harris)
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To: Kaslin

Exactly!


20 posted on 12/26/2020 5:00:21 AM PST by 9YearLurker
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