Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Non-Sequitur

“That is, assuming SCOTUS determined that the original 365 electors voting the POTUS question could remain in place.

And why would they not?

What article of the Constitution would allow the Justices to declare them invalid and remove them?”

The Constitution was written by honourable men who COULD NOT conceive that someone MIGHT try to pull a scam (if it is one) like this ...

Nor, could they put contingencies into the Constitution to handle EVERY possible situations like:

... Except for alternate Tuesdays, when the moon is full ...

This IS a situation where SCOTUS WOULD have to devolve to the concept of the Founding Fathers’ “original intnet”.

What WOULD the Founding Fathers have done, if presented with this situation?

Would they JUST say:

OH WELL, the electors were selected on the basis of a perpetration of a fraud but they can stay since WE DID NOT plan for this contingency in the Constitution ...

PREPOSTEROUS!

They would have said:

THROW the bums out!


311 posted on 12/01/2008 3:56:49 PM PST by Lmo56
[ Post Reply | Private Reply | To 297 | View Replies ]


To: Lmo56

Has there been any news today from the SCOTUS that I missed? I thought today was the day the first suit made it to the conference at which they see if 4 of ‘em want to take it.


328 posted on 12/01/2008 5:17:51 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
[ Post Reply | Private Reply | To 311 | View Replies ]

To: Lmo56
  We actually select the people who select the President. We voted for electors and if Obama is ineligible, then the electors can choose any qualified candidate and vote. I suppose a state could choose to have another election and seat a different set of electors.

   Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
329 posted on 12/01/2008 5:20:44 PM PST by Instant_Krazy_Glue
[ Post Reply | Private Reply | To 311 | View Replies ]

To: Lmo56
This IS a situation where SCOTUS WOULD have to devolve to the concept of the Founding Fathers’ “original intnet”.

Based on the Constitution itself. And nowhere in that document is there any hint of the possibility of a do-over election. Nor is there any need for one now. If Obama is found to be ineligible, the Constitution lays out in detail in the 20th Amendment on how to deal with that.

333 posted on 12/01/2008 5:33:30 PM PST by Non-Sequitur
[ Post Reply | Private Reply | To 311 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson