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It's for Mike Pence to judge whether an election was held at all
The American Thinker in Huntingdon Daily News ^ | December 30, 2020 | Ted Noel

Posted on 01/04/2021 2:05:41 PM PST by Sense

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To: Sense

No it’s not.


41 posted on 01/04/2021 4:20:39 PM PST by Trumpisourlastchance
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To: montag813

“Pence fears ONLY God”

I guess we’ll know on Wednesday.


42 posted on 01/04/2021 4:21:31 PM PST by MayflowerMadam (I'd rather have Covid-19 than Biden-20.)
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To: Yo-Yo

Under this theory, Camela Harris can determine who was elected. No thanks.


43 posted on 01/04/2021 4:21:45 PM PST by Trumpisourlastchance
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To: Trumpisourlastchance
Under this theory, Camela Harris can determine who was elected. No thanks.

Come Friday morning she'll likely do it anyway.

44 posted on 01/04/2021 4:24:58 PM PST by Fightin Whitey
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To: Leaning Right

“If that was even close to being true, then every Vice President would literally be a king-maker. He could accept the electoral votes he wanted to accept, and reject those he found to be “suspicious”.

You mean... kind of like a Secretary of State does at the State level ? Why aren’t fraudulent votes “legal” ? Why can’t your dog vote ? Why can’t you vote as many times as you want ? And, no one has any power to stop it ?

“Parallel Construction” in grammar, law enforcement, and Constitutional law... means different things ? In the Constitution, you find overlapping structure being repeated... like a check sum...

Note the PATTERN in the grants of power... and, yes, that’s correct... and the point... every Vice President... could accept the electoral votes he wanted to accept, and reject those he found to be “suspicious”.”

That’s his job.

Except that the VP’s role in PRESIDING as the administrator of the Election... doesn’t forstall Congress objecting... and THAT’s what prevents “every Vice President would literally be a king-maker” ever being close to true. His rulings are not final. They can be disputed.

It’s a precise mirror of the same situation in the States, where it is the Governor and SoS that CONDUCT the election, but, if they fail, or err, in conducting that task PROPERLY, they are NOT the final authority: the Legislatures are.

EXACT same thing here. The VP is the Executive, conducting the election. Just as the SoS in every state has the power to conduct an election, including the power to allow him to throw fraudulent ballots out...

So, why do you see the SAME people... arguing that Governors, and not State Legislatures, make the rules for elections... while arguing that VP’s have no power at all ?

The EXACT opposite argument... made by the SAME people ?

And, Governors acting to PREVENT legislatures voting to alter the electors ?

The Federal parallel... would be for Pence to announce the results... and then deny any objections being heard when he declares California voted for Trump... just like Georgia’s Governor is declaring Georgia voted for Biden ?


45 posted on 01/04/2021 4:27:24 PM PST by Sense
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To: All

If you have a paywall preventing you seeing it, here’s the link to the American Thinker original:

https://www.americanthinker.com/articles/2020/12/its_for_mike_pence_to_judge_whether_a_presidential_election_was_held_at_all.html

Should have posted that in the first place. My fault.

I didn’t have any pay wall issues, and am not a subscriber, so not sure why others have an issue... My spam filters might be scraping their pay wall code ?


46 posted on 01/04/2021 4:42:06 PM PST by Sense
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To: Sense
They are competing for consideration, so it is essential that I consider the law that governs this.

The problem being is that no, they are not competing for consideration. Only one slate of electors have been chosen and validated according to state law. No second slate of electors have been identified by any of the legislatures in the states in question. So at the end of the day, and even if he had the power to decide, Pence has one slate of electors to choose from. So it should be an easy decision for him.

47 posted on 01/04/2021 4:45:08 PM PST by DoodleDawg
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To: Sense
Show me, in the Constitution, where it provide ANY POWER... to ANYONE ELSE... to DIRECT the VP in how he proceeds, or to do a damned thing about HOW the VP uses that power the Constitution gives ONLY him?

Easy. The Constitution itself DIRECTS the VP on HOW he is to proceed.

12th Amendment to the Constitution of the United States:

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.

The President of the Senate SHALL, (not MAY,) open ALL, (not SOME,) [of] the CERTIFICATES and the votes SHALL, (not MAY,) then be counted.

No "may only open those votes he feels are legitimate." No "may at his sole discretion determine what constitutes a legitimately certified vote." OPEN AND COUNT ALL THE VOTES is what the Constitution DIRECTS THE VP TO DO.

Just like Vanna White.

48 posted on 01/04/2021 4:46:17 PM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: Trumpisourlastchance
Under this theory, Camela Harris can determine who was elected. No thanks

Under this theory, Al Gore could have ignored the Florida votes for Dubya, and made himself President.

49 posted on 01/04/2021 4:48:30 PM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: Yo-Yo
There are going to be a lot of Freepers who will be shocked when Pence follows the constitution and confirms Xiden on Wednesday.

Decert. most occur if magnificent PDJT has a chance for a second term, short of bloodshed.

50 posted on 01/04/2021 4:49:56 PM PST by deadrock (<img src="WIDTH420WIDTH420.jpeg" width="420">)
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To: Yo-Yo

You make my point. Thanks.

You pointed to NO ONE ELSE the Constitution empowers.

You are wrong on the law, still.

The Constitution doesn’t give Power... to limit its use.

If what the states provide... are legitimate certificates... then there’s not an issue.

If they are not... the VP is REQUIRED to not accept frauds as “certificates”...

If I fart and call it “a certificate”... Pence has to count it ?


51 posted on 01/04/2021 4:54:10 PM PST by Sense
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To: JoSixChip

Read later.


52 posted on 01/04/2021 4:58:43 PM PST by NetAddicted (Just looking)
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To: Sense

that wasn’t an election.

It was a foreign coup masquerading as a US Presidential Election


53 posted on 01/04/2021 5:01:30 PM PST by mo ("If you understand, no explanation is needed; if you don't understand, no explanation is possible)
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To: Sense
If they are not... the VP is REQUIRED to not accept frauds as “certificates”...

Please show me where it says that in the Constitution, and please cite the specific article or amendment.

54 posted on 01/04/2021 5:02:28 PM PST by Yo-Yo (is the /sarc tag really necessary?)
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To: Sense
I agree with the article. The Constitution says the President of the Senate opens and "counts" the EVs. Say most state governors are extreme radical leftists who certify all their EVs for Kim Jong-un. Does the Constitution actually prevent the President of the Senate from rejecting all those EVs that would make Kim Jong-un the U.S. President? I think not. Ultimately, given specific circumstances, existing (arguably unconstitutional) statutes would give the power to elect the President to state governors. How absurd. Vice President Pence was elected by the American people in a free and fair election. As President of the Senate, he has the Constitutional duty and responsibility to determine which slates of electors are legitimate and which aren't. Not some state governors.

Some freepers have said the contested swing-states, such as Michigan, only sent one slate of electors to Congress (those certified by the governor, thus Biden slates). So if it's true the contested swing-states sent no Trump slates to Congress, then President of the Senate Pence must reject the Biden slates from the contested swing-states and simply continue counting the EVs for the uncontested states. If VP Pence were to do that, how do you think the Democrat/RINO Congress would react?

55 posted on 01/04/2021 5:11:53 PM PST by gw-ington (The Office of the President-Elect gw-ington and Vice President-Elect Loch Ness Monster)
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To: PistolPaknMama

I have never trusted either one of them. Hell, we’re stuck with that back stabbing prick, John Cornyn. He’s a total a$$hole.


56 posted on 01/04/2021 5:14:44 PM PST by Howie66 (I Weep For Our Republic )
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To: doc maverick

Right.

Have you checked out the Pope lately?


57 posted on 01/04/2021 5:15:34 PM PST by Howie66 (I Weep For Our Republic )
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To: The Pack Knight
We still have the rule of law in this country, thank God.

If we do why ha not a single court considered one shred of evidence? We have law that restricts us but doesn't seem to restrict the fraudsters, how is that the rule of law?

My opinion of the Constitution is right because it's actually based on a reading of the Constitution, the law, and history.

Just because a few legal opinion writers agree with you doesn't make you correct, besides it only takes one actual Judge to annihilate your opinion. We have the rule of the Lawless, not the rule of law.

I see legal eagles here every day screaming what they can't do because it is unconstitutional yet the other side continues what they are doing unfettered by the law. If you think that is a fair fight good luck keeping that Constitution you love to interpret for us morons. Rights belong to those that can defend them and you can't.

58 posted on 01/04/2021 5:16:06 PM PST by itsahoot (correct is necessary to read my posts understanding them is another matter.)
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To: Georgia Girl 2
Pence is required to entertain challenges.

From my reading of the Constitution, it seems nobody else is involved in the counting of the EVs other than the President of the Senate. Thus it seems reasonable the President of the Senate also decides which EVs are legit and which aren't. Regardless of my opinion, where in the Constitution does it say the President of the Senate must entertain challenges?

59 posted on 01/04/2021 5:20:27 PM PST by gw-ington (The Office of the President-Elect gw-ington and Vice President-Elect Loch Ness Monster)
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To: Sense

“The VP is the SOLE AUTHORITY who will PRESIDE over the election on January 6th. Show me, in the Constitution, where it provide ANY POWER... to ANYONE ELSE... to DIRECT the VP in how he proceeds, or to do a damned thing about HOW the VP uses that power the Constitution gives ONLY him ?”

The Constitution states that Pence “shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”

VP Pence’s role is to open the certificates and then Congress counts the votes.


60 posted on 01/04/2021 5:24:03 PM PST by Armscor38
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