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If their legislatures determine the certification is fraudulent, they can pass a resolution selecting the electors for their state. This power is given each state legislature directly by the Constitution, and ONLY to the state legislatures.
If their legislatures determine the certification is fraudulent, they can pass a resolution selecting the electors for their state. This power is given each state legislature directly by the Constitution, and ONLY to the state legislatures.
Saying that does not make it true. You have no idea what you’re talking about.
The Constitution gives state legislatures the authority to decide the “manner” in which electors are appointed. Every state has already done that.
The GOP controlled PA legislature is now trying to use its oversight authority to say the election was crooked. It begs the question what have they been doing the past two years? Will they override the will of the people? If so, why bother holding elections? They could have saved the taxpayers millions.
There are provisions in law for a failed election. If the voters have not made a choice, then the state legislature can step in under The Electoral Account Act (1887). The act doesn't say what a failed election is however. The date to act is Dec. 8.
In January, Congress sits in joint session to do the final certification of the electors. What will happen if the Senate under McConnell refuses to participate?
Until Jan. 20, we won't know for sure who will be president. Trump has attacked our basic institutions from a free press to now saying the election was stolen. He embraces dictators which attacking our long standing allies. This should come as a warning to those who think it is clear sailing for Biden.
Trump has shown a massive capacity for destruction: failed businesses, failed marriages, don't be surprised if he will destroy the Republic as we have known it.
Did you watch the almost 4 hours of evidence presented to the legislature in Pennsylvania? There is no doubt the election in that state and others is fraudulent.
This is going to unravel into a lot of civil and criminal suits over time and will transform the status quo for elections and political speech. Overall it will be an improvement.
The legislature wasn't even in session. That was a publicity show presented by Trump's attorneys, NOT an actual legal hearing.
If the legislature feels the election is compromised, they can select electors by resolution. No interference by any other branch is permitted per our Constitution. Each legislature is it's own ultimate authority regarding electors. They will pass a resolution declaring the election fatally flawed and the outcome in doubt, then will select the electors who will vote.
The Electoral College votes in each state legislature on December 14 of this year. The electors will be seated by prevailing law, unless the legislature determines the law was not faithfully followed. Then the electors will be selected by the legislature. This has happened before in our history.
2020 is an amazing year. We must clean out out electoral system to assure the voice of the people is heard. We must prosecute anyone who cheated regardless of party. In Georgia it is likely the Governor and Secretary of State who are both Republicans will face criminal prosecution at least for taking kickbacks of millions from Dominion. It is possible if collusion between any state official between states to secure a victory despite the peoples vote, may result in prosecution for treason.
Overthrowing the elected leader of the United States by fraud in collusion with a hostile foreign power is certainly treason. Good help anyone D or R in a position of power who may have colluded to overthrow our system of government in cooperation with China. Trump is bringing back firing squads. A traitors justice ultimately may include the death penalty. At high levels, some will need a fair trial, likely before a military tribunal. An example must be set to preclude this from ever recurring. Reforms to avoid electronic tallying must be implemented immediately.
A traitors justice usually is a death penalty either by firing squad or hanging. It requires a fair trial, evidence, fair defense, and at least 2 witnesses to the treason.
In short, because the Presidential Electors Clause does not delegate any authority to state legislative majorities to circumvent their established state constitutional procedures for enacting legislation. On the contrary, as the Supreme Court held in the 1932 case of Smiley v. Holm, when the Constitution assigns a lawmaking function to a state legislature—as the Presidential Electors Clause does—the state’s own constitutional requirements for lawmaking guide and constrain how the state legislature performs that function.
The Presidential Electors Clause does not grant to state legislatures or state legislators any authority to make law outside of a state’s constitutionally mandated procedures. Rather, it gives states the authority to appoint electors and state legislatures the authority to direct the manner of appointment: “Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors.” U.S. Const. art. II, § 1, cl. 2. Thus, state legislatures have no power to choose electors themselves unless they first “direct” that the “manner” of appointment should be legislative selection of electors.
Directing the manner of elector appointment is a lawmaking function that involves laying out a legal framework for the appointment process. As the Supreme Court recognized in Smiley, when a state legislature performs a lawmaking function—even at the behest of the federal government and as directed by the federal Constitution—it must follow the legislative process outlined in its state constitution. The Court reaffirmed Smiley and the proposition that state regulation of elections is a legislative function that includes “the Governor’s veto” in the 2015 case of Arizona State Legislature v. Arizona Indep. Redistricting Comm’n.
Smiley involved a constitutional delegation of authority nearly identical to the one that would be at issue should a state legislature try to hand its Electors to Trump: the directive of the Elections Clause of Article I, Section IV, that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” Indeed, in the Arizona State Legislature case, even the dissenting Justices noted the Presidential Electors Clause’s “considerable similarity to the Elections Clause.”
This is authored by constitutional law experts Michael Dorf of Cornell Law School and Laurence Tribe of Harvard Law School
Well Mary, if they could actually do this, which they can’t, it would only take corruption of the legislatures in a few swing states. I would think that you would understand this based on the very case we are examining before our eyes.
If a states legislature determines there was sufficient fraud to cast doubt on the election, it is within their power to select delegates. This is done via resolution of each legislature. The Constitution delegates to state legislatures exclusively the method of selecting electors. They are not bound by any constraint to select electors from what they determine is a fraudulent vote. There is no limitation imposed on state legislatures by the Constitution in this regard, and they are the single entity which has sole authority to select delegates. Courts and executive branches are not involved.
The U.S. Constitution is the Supreme law of the land. Even if a state Constitution sought to violate this it would be irrelevant. The power to select legislators is granted directly and without limitation solely to state legislatures by the federal Constitution. It isn't justiciable in a court.
PA Electors have already been selected, legislature is out of session until next year (after the EC votes in Biden).
Only the governor can authorize a special session, and he’s a democrat.
This thread is completely false made-up bull****.
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