Posted on 07/04/2022 5:07:08 AM PDT by Oldeconomybuyer
Umm, the US Const is very clear. If some toffs at the state level are passing laws that conflict with or try and override the USConst, then the state laws have no standing.
Yes, you can have state laws on elections. But, although they might add restrictions, none of them can conflict with USConst.
This is gonna be brutal. Hope it is in time for Nov.
Not even ALL "Voting rights experts"..... SOME "Voting rights experts"
And it comes from NBC/Comcast, the ultra-lefty network.
And it's written by Jane C Timm, an ultra-lefty who penned these last two articles:"Biden points to assault weapons ban as a ‘rational’ option for gun control" and "Arizona Republicans propose major changes to elections after GOP review finds no fraud"
And the quote is from the Brennan Center for Justice at New York University, which, farther left you cannot go.
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
Looks like Congress can override the Legislatures.
“Yet when demoKKKrat led legislatures in Pennsylvania, Michigan, etc set forth rules in 2020 such as ballots being received after election day counting, that was not a problem”
Last I knew the Republicans were in charge of the legislature in MI.
The problem was the commie Sec of State, Att General, fat whore Governor, and state courts that let them change the rules.
voting rights experts = people who believe ballots should be tabulated in secret with the opportunity to “harvest” or “create” sufficient numbers to achieve the electoral outcome said experts desire.
No. This case and the other NC/LA cases that were decided are bringing integrity to the process. So far, the Court has said that state courts cannot interfere in legislative-drawn districts. We’ll see if that holds.
Whatever your opinion of the Roberts Court (i.e., the Thomas Court), since the Triplets have joined they have been HEAVILY on the side of state’s rights, federalism, and legislatures. The vax cases (except OSHA) have been on the side of state law. The Indian/OK case largely empowered the state. WV v EPA, while a major victory against the Deep State, at the micro level empowered the state. Dobbs fully empowers states. When the Court ruled against the state (NY/Bruen) it was because the state had created a second layer of unconstitutional requirements for a basic right.
It is to tell state courts to quit legislating from the bench.
State courts have massively grown to think that any complaint thrown to them at all requires a ruling, when more and more they should be rejecting political cases altogether - some matters just have to be left to the legislators, judges are not utopian Solomons morally and intellectually above all others.
State supreme courts are the creation of the state constitution, as are the state legislatures.
Most state constitutions say all laws, including election laws, must be signed by the governor and be in compliance with the state constitution.
Independent state legislature doctrine says state legislatures are superior to the constitutions which created them. I think that’s a heavy lift at SCOTUS but we’ll see.
At 48 responses the word ‘plenary’ is not to be found.
The stupid is strong on Free Republic today.
It is not an argument. It is in The Constitution, "Article 1 Section 4."
This is gonna be brutal. Hope it is in time for Nov.
It’s probably going to be addressed next year.
Read the elections clause of the US Constitution. Its quite clear the LEGISLATURE makes election laws - not the judiciary, not the executive branch.
The 12th Amendment is the rules that the states must follow for processing electoral votes which the states, under the boots of the very corrupt, constitutionally undefined political parties, haven't been complying with for a long time imo.
One blatant violation of 12A by the states is that it doesn't allow for state "winner take all" laws for electoral votes imo.
Excerpted from 12th Amendment...
"The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate [emphasis added];-- [...]"
Also consider that the states have never expressly constitutionally given ordinary citizen voters the power to vote for president like we have for voting for members of Congress. In other words, our power to vote for president is based on 10th Amendment powers, the abuse of those powers arguably giving desperate Democrats and RINOs an excuse to be "flexible" in counting votes for alleged stolen 2020 elections.
The bottom line is that the political party federal elites aren't about to surrender state powers that they've been stealing from the states for the last 100+ years back to the states imo, 12A being ignored for a long time now.
Corrections, insights welcome.
Also, Trump's red tsunami of patriot supporters are reminded that they must vote twice this election year. Your first vote is to primary career RINO incumbents. Your second vote is to replace outgoing Democrats and RINOs with Trump-endorsed patriot candidates.
Again, insights welcome.
Democrats are already laying the groundwork for a SC decision in favor of the Constitution by continuing to call it a “fringe” theory of “The ‘Independent State Legislature’.
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