Posted on 12/08/2020 8:36:11 AM PST by PerConPat
Georgia Gov. Brian Kemp (R) on Monday warned state lawmakers that they cannot appoint pro-Trump presidential electors.
Kemp said while speaking at the Biennial Institute for Georgia Legislators that legislators appointing their own electors was “not an option.”
(Excerpt) Read more at thehill.com ...
In the case of two sets of electors, the one with the Governor’s seal is most likely to count.
Bookmark for future reference.
Kemp’s consent decree with the DNC modified existing law. GA is so messed up I don’t know how you would remedy it other than removing their election results from the equation.
Maybe the governor just needs a Hooked on Phonics game??
Hookedonphonics.com
Can’t say that wouldn’t happen. But I can see the Electoral Count Act of 1887 etc. and the SCOTUS, for what it’s worth, being involved in that case. If it comes to a governor and legislature etc. submitting two slates, things could be very tricky. Sadly, it’s going to take more than GA, at this point. But my take from the article is basically the treachery of Kemp.
Kemp, Duncan and Raffensperger have already signed their own political death warrants so they have nothing to lose now.
This man is a fool. Not only can the legislature pick its own slate of electors under Article II, but it can also gavel in on its own, without his permission (an issue from a day or two ago), to do so.
Kemp should look up “EXCLUSIVE” regarding legislative power to choose electors. In addition, if Georgia never ratified the 17th Amendment, its legislature can still choose its U.S. Senators under Article V, state suffrage clause (my term). And given that the upcoming special election dumpster will probably be riddled with fraud, maybe they should, if they haven’t ratified 17A.
It was the sense of our Founders who were quite distrusful of "democracy". They instituted a democratic constitutional republic. The best system was thought to be one in which the people choose their leaders and the leaders make the laws and decide public policy.
You have possibly heard the saying, "Democracy is two wolves and a sheep voting on what to have for dinner." Another is that, "Our republic can only last until the public learns that it can vote itself money from the public treasury." (Or something along those lines.)
The fact is that our Founders were very wary of democracy. That is why they implemented the Electoral College. This allows the individual state legislatures to select people who would vote on who should be President.
The advancement of communication technology now makes it practical for the entire populace to vote on any issue. Unfortunately, the more involved the population is in deciding important issues, the more likely that government power will increase at the expense of individual liberty.
The Supreme Court just recently refused to rule on what bathrooms transgendered people may use. A future Court will no doubt let us know the answer.
Here is the same article, different source.
Sorry my link was based upon the other. Source is vanished.
Only excerpt is still there.
I believe you are absolutely right on this point.
It goes without saying that legislators have the power to repeal laws.
Yes they do.
They also have to follow the law unless they go through the process of changing the law.
I am arguing that selecting the electors themselves is a defacto change of the law which says to let the voters do it.
This man is so compromised. This guy must be fearing for his life and freedom to be stringing himself out like this. I would like to think white hats know the exact nature of the compromise.
“They can try but it’s highly unlikely their second slate of electors would survive the legal challenges. Especially absent a court order invalidating the election results.”
Supreme Court precedent would seem to disagree with you. Even a state constitutional provision nor a federal statute could not prevent the state legislature from appointing a slate of electors if they so choose. The power given to the state legislatures to choose the method of selecting the electors is plenary and cannot be removed, limited or abdicated:
“This power is conferred upon the legislatures of the States by the Constitution of the United States, and cannot be taken from them or modified by their State constitutions... Whatever provisions may be made by statute, or by the state constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated.”
McPherson v. Blacker, 146 U.S. 1, 35 (1892) (internalquotations omitted);accord Bush I, 531 U.S. at 76-77; Bush II, 531 U.S at 104
Completely wrong...
“Legal challenges” to the Legislature’s decision... on what grounds ?
The CONSTITUTION REQUIRES that is the Legislature’s duty ?
It doesn’t say HOW they do what they do... but it says, when they do it... that’s it. The left saying “when state officials certify a result, that’s it”... are wrong. That’s not their job... beyond what the legislature directs... and it the legislature directs something else... the something else is what is legitimate, and nothing else is.
The Constitution... does not empower courts to second guess the legislature ? The legislature IS THE COURT that decides this issue...
https://apnews.com/article/georgia-kemp-rejects-replacing-electors-170bb01fa21622846e6746d4db61a6e1
They can take it to court or change the law..but they cant just make it up as they go along
Just do it. Force Kemp to sue to overturn.
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