On January 6, We Learned Whether our Constitution Will Hold
... it should be of great moment and concern to the people of this country and especially to congressional Republicans in both Houses, for if the latter do not at least confront and challenge this lawlessness on January 6, when Congress meets to count the electors, it will be the GOP's undoing and, simultaneously, the undoing of our presidential electoral system....
Specifically, Article II, Section 1, Clause 2 of the federal Constitution could not be more explicit. It states, in pertinent part: "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 ..." ...
While rejecting the direct election of a president, the framers concluded that the state legislatures were closest to the people in their respective states and would be the best representatives of their interests. At no time did the framers even raise the possibility that governors, attorneys general, secretaries of state, election boards, administrators, etc., would play any significant role in the electoral process....
In Pennsylvania, considered the battleground of the battleground states, the Democrat governor, attorney general, and secretary of state made and enforced multiple changes to the state's voting procedures, all of which were intended to assist the Democrats and Biden....
In Michigan, among other things, the Democrat secretary of state unilaterally changed the state's election laws with respect to absentee ballot applications and signature verification....
In Wisconsin, the Elections Commission and local Democrat officials in the state's largest cities, including Milwaukee and Madison, changed the state's election laws...
In Georgia, the secretary of state is a Republican. Regardless, as explained in the Texas lawsuit brought against Georgia and the three other states mentioned above, "on March 6, 2020, in Democratic Party of Georgia v. Raffensperger, Georgia's Secretary of State entered a Compromise Settlement Agreement and Release with the Democratic Party of Georgia to materially change the statutory requirements for reviewing signatures on absentee ballot envelopes..."...
Consequently, in each of these four battleground states — and there were others — whether through executive fiats or litigation, key, if not core, aspects of state election laws were fundamentally altered in contravention of the explicit power granted to the state legislatures and, therefore, in violation of the federal Constitution and the process set forth for directing the selection of electors....
The United States Supreme Court had an opportunity before the election, and in this general election cycle, to make clear to the states that they must comply with the plain language of Article II, Section 1, Clause 2 of the Constitution....
Despite what has been reported and repeated, the president is not actually or officially chosen on Election Day. The president is not chosen upon the certification of electors by the states. The process ends in Congress. And on Jan. 6, Congress — following both the Constitution and its own procedural law — makes the final decision on who is to be president and vice president of the United States...
If this outcome is allowed to stand without a fight on Jan. 6, it is difficult to see how this can be fixed. ...
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Video: Constitutional attorney says Pence does have power to throw out electors, January 5, 2020.