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Alan Dershowitz Says Supreme Court May Rule to Let Legislators Pick Alternate Electors
Epoch Times ^ | 12/07/2020 | Tom Ozimek

Posted on 12/07/2020 10:30:18 AM PST by SeekAndFind

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To: faithhopecharity
No ruling needed for state legislatures to name their electors before the election. After the election? Then we get into conflicting Constitutional powers (states to name their electors, congress's ability to set the date of elections).

The SCOTUS would need to resolve that conflict.
41 posted on 12/07/2020 11:18:33 AM PST by Boise3981
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To: SeekAndFind

“No person shall be...deprived of life, liberty, or property, without due process of law...”

Amendment V might be used to prevent laws enacted during the first four years of a Biden presidency from taking “life, liberty, or property” if they were not passed by veto-proof majorities of Congress.

The election fraud excecuted with the connivance of public officials, even if it was undoubtedly not significant enough to hand the presidency to Biden, is undoubtedly a denial of the due process of law.

The Amendment V 2020 election due process violations would likely block the federal enactment of any new tax, including any new tax on guns or ammo, any new federal law punitive measure (including those related to mask-wearing even when solely to be enforced by financially co-opted states) and any significantly large federal debt ceiling increase which must inevitably result in property deprivation impacting at least one person.


42 posted on 12/07/2020 11:18:44 AM PST by Brian Griffin
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To: FreeReign
It's not a "state right". It's the state legislators have a federal power.

Elections are a state power. Exclusively.

States don't exercise federal power.
43 posted on 12/07/2020 11:19:15 AM PST by Boise3981
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To: SeekAndFind

So many ways the Court can go that rule in our favor but grant no remedy.

My guess is that Kavanaugh will be the weak link and side with Roberts. He was a DC insider and, I suspect, would lick the toilets of the DC insider clubhouse clean if it meant he could regain admittance. Yes, despite what they did to him, I suspect he would eagerly accept anything for admittance.

Even if he sides with the other 4 Conservatives, I suspect we will get something along the lines of:

Yes, mail in is unconstitutional as it is non-verifiable, violates the principle of one person one vote and this robs voters of equal protection under the law,

BUT

it’s too late for this election and this ruling only affects elections going forward.


44 posted on 12/07/2020 11:19:18 AM PST by FlipWilson
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To: Jim W N
The Supreme Court is our best chance. Perhaps our only chance now.

If not, I think big time bad will break across this country.

45 posted on 12/07/2020 11:19:52 AM PST by Robert DeLong
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To: SeekAndFind

Dershowitz is the ultimate lawyer. Give an opinion and then give another reason it may not work.

Cake and eat it too. $$$ to find out what is behind the magic door ......


46 posted on 12/07/2020 11:20:09 AM PST by patriotspride (Third generation Vet. Never forget the true cost of freedom)
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To: circlecity
Good luck with that. I have no confidence in the legislators.

Neither do I... But if state legislatures do submit slates of electors that differ from their governors' "certified" slates to the Congress, 3 USC §s 5 & 15 would be in effect. Then, all sorts of Congressional maneuvering could result in delays resulting in Acting President Pelosi. As somebody once said, what a revoltin' development...

47 posted on 12/07/2020 11:20:29 AM PST by PerConPat (A politician is an animal that can sit on a fence and yet keep both ears to the ground--Mencken )
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To: bigbob
There is no remedy after the fact if they allow a fraudulently elected president to be installed.

The constitution provides a remedy after the fact for any potential problems: impeachment.
48 posted on 12/07/2020 11:21:05 AM PST by Boise3981
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To: Jim W N

That is entirely true, but, they havent the guts until someone forces them to act.


49 posted on 12/07/2020 11:23:41 AM PST by crz
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To: Robert DeLong

I have it on good authority that Trump WILL BE THE VCITOR.

The same Hand of Divine Providence that miraculously birthed our nation by defeating the world’s greatest military power is at work today against the odds.


50 posted on 12/07/2020 11:24:03 AM PST by Jim W N (uestion is how badly di the corrupt TDominion softer)
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To: SeekAndFind

If we’re going to rely on state legislatures that have a majority of establishment Republicans to do the right thing, we are probably scr*wed.

Same if we’re going to have to rely on the House in a contingent election. Even though the Republicans have a majority in State delegations, I have no faith that they would elect President Trump to a second term.

The only reliable path is a secure, legal vote by the people. In that scenario, Trump wins easily.

We need new elections in PA, MI, WI, GA, AZ, and NV.


51 posted on 12/07/2020 11:25:43 AM PST by doragsda
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To: Boise3981

Gottcha. Good points. OK, well, I believe this thing will end up with SCOTUS anyway, so let’s have at it.

And OBTW, Trump WILL be victorious.

:)


52 posted on 12/07/2020 11:26:11 AM PST by Jim W N (uestion is how badly di the corrupt TDominion softer)
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To: JME_FAN

We’ll simply have to endure or emigrate.

The close-to-communist enemy is far too numerous, generally well-hidden and physically remote to be dealt with in the fashion of our Founding Fathers.


53 posted on 12/07/2020 11:27:23 AM PST by Brian Griffin
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To: doragsda

RE: If we’re going to rely on state legislatures that have a majority of establishment Republicans to do the right thing, we are probably scr*wed

CONCLUSION: Say hello to to President Joe Biden.


54 posted on 12/07/2020 11:27:45 AM PST by SeekAndFind
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To: crz; Boise3981

Actually Boise3981 has a good argument for SCOTUS involvement right now.

(See post # 38).


55 posted on 12/07/2020 11:28:19 AM PST by Jim W N (uestion is how badly di the corrupt TDominion softer)
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To: SeekAndFind

So we are a nation of laws...laws nobody understands and are constantly in dispute.


56 posted on 12/07/2020 11:32:37 AM PST by 1Old Pro ( )
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To: SeekAndFind

“He’s the man who refuses to take any stance that will be perceived as political at all.”

He may have to as it falls under Constitutional law. The Equal Protection Clause is from the text of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides “nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws”. It mandates that individuals in similar situations be treated equally by the law.

If Biden was given preference, or votes were changed which illegally disenfranchise the voters, and there is beyond reasonable doubt a possible rigging of the election using these two situations alone, it will cause the election to be recounted using preventative actions to shut down the graft at the least. If it is found not to be done, then there is no harm no foul. And graft found will determine further investigating of the process which could uncover even more than they already have.

If little is found, and corrected, then justice will almost be done. The next step is to convict all who played a part from the vote counter to the top of the ladder no matter how littel was done. Like the FBI man in National Treasure said, “Somebody has to go to jail.” And the canaries will sing before the condors.

wy69


57 posted on 12/07/2020 11:32:53 AM PST by whitney69
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To: Jim W N

In God I trust, and maybe Jim W N as well. 8>)


58 posted on 12/07/2020 11:34:53 AM PST by Robert DeLong
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To: Boise3981

“No one doubt’s the legislature’s supreme ability to choose the method of appointing electors.”

“But can they change their mind after an election?” Yes

“After safe harbor?” Yes

“After the electoral college votes?” No

The word “may” is of the future tense and therefore the “may direct” part appears to have a remedial intent in my opinion.


59 posted on 12/07/2020 11:36:47 AM PST by Brian Griffin
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To: FlipWilson
Kavanaugh has an opportunity to pay the Left back for the hell they put him through during his confirmation hearings. The four other conservatives have similar motivations. It's payback time, irrespective of Roberts' evident compromise. Also, the five conservatives know that if Biden becomes President and the Democrats win the two Senate seats next month (likely unless the fraud is exposed), the Senate will end the filibuster rule and pack the Supreme Court to ensure a liberal majority.

I don't think they will step down from their duty to invalidate the results in the six states that are disputed.

60 posted on 12/07/2020 11:38:52 AM PST by Wallace T. ( .)
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