Tags: 2020 Elections | Donald Trump | George W. Bush | Presidential History | Supreme Court | electoral | founders

State-Level Lawmakers Best Remedy for Election Fraud

florida governor ron desantis and us president donald trump

Florida Gov. Ron DeSantis speaks while meeting with U.S. President Donald Trump in the Oval Office of the White House on April 28, 2020 in Washington, D.C. (Doug Mills/The New York Times/Pool/Getty Images)

By Monday, 16 November 2020 11:35 AM Current | Bio | Archive

Despite repetitive denials emanating from a multitude of Democratic and media sources, it's clear that there has been unprecedented and widespread voter fraud as it relates to the all-important 2020 presidential election.

Although several lawsuits have been filed and are in the process of being adjudicated, the ultimate antidote for the toxin that has infected our electoral system does not rest in a state or federal judiciary.

Instead it rests in the state legislature.

Article II, Section 1 of the U.S. Constitution contains clear and precise language.

It spells out the following:

"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."

One key constitutional text in this passage is ". . . in such Manner as the Legislature thereof may direct."

This wording grants enormous discretionary power to state lawmakers.

It specifies that the members of the state legislatures are the ones responsible for making the final decision regarding the persons who will become the appointed members of the Electoral College for the respective states.

Not the governor, not election officials, not even the courts, but only members of the state legislatures are to perform this function.

The Founders of our nation placed the power to resolve unprecedented problems in a presidential election (much like the ones we now face) in the statehouses.

Of course, the judiciary has its role, as has been exhibited in local races, and most notably in the 2000 presidential election, when the Supreme Court intervened in Bush v. Gore, 531 U.S. 98 (2000). However, the Constitution explicitly places the duty and capacity to determine the makeup of the Electoral College in the hands of the members of the legislatures of the respective states.

Interestingly, in Bush v. Gore the Supreme Court made reference to this unique constitutional role possessed by state legislatures, when the Court underscored the ability of state legislatures to "take back the power to appoint electors."

When the reported results of an election are clouded with suspicion and tainted by credible evidence that fraud has occurred, the Constitution points to the state legislature, and its duty to take action. The body is charged to use its constitutional powers to rectify the sullied election results, i.e., to fix things, when necessary.

At the present time, the GOP is in control of both legislative chambers of the currently contested battleground states: Pennsylvania, Wisconsin, Michigan, Arizona, and Georgia.

As evidence continues to mount, indicating that numerous forms of malfeasance took place prior to and during the tabulation of ballots, the state legislators are the bodies empowered to perform a solemn constitutional duty.

As part of this duty, the bodies are positioned to cleanse the results of fraud.

At the same time, statehouses are empowered to mitigate and/or eliminate the disenfranchisement of legitimate voters, which may have occurred if and when illegitimate ballots were improperly counted.

Notwithstanding any determination by the judiciary (which includes the Supreme Court), a Republican legislature of a state that has experienced issues relating to fraud has the authority to select a slate of delegates to the Electoral College; a slate that is committed to vote for President Donald Trump.

It's in this way that the electoral vote count can essentially be purged of illicit ballots.

Presentations of evidence of fraud and irregularities could presumably be submitted to the legislatures of the states to prove that the elections in the respective states were corrupted.

Decisions of the state legislatures to cleanse the vote counts of illicit ballots and appoint appropriate electors would survive any and all legal challenges, because the explicit text of the Constitution is so compelling.

Dick Morris, who served as an adviser to former President Bill Clinton, told Newsmax TV host Grant Stinchfield, "We have to move the fight from the executive branch of the states to the legislative branch of the states. The U.S. Constitution does not say that the states shall decide the procedure for electoral votes. They [words of the Constitution] say the legislature should decide. Not the governors, the legislature."

Morris specifically referred to "the evidence of missing votes, suddenly discovered votes, unexplained delays, not granting access to poll watchers," items that indicate "corruption of this process."

In a recent appearance on Fox News, Florida Governor Ron DeSantis urged legislators to use their constitutional abilities.

Governor DeSantis pointed out that the Constitution requires electors to be chosen by legislators that determine the procedural framework for that process. The governor also indicated that if the law is being ignored, then the legislature "can provide remedies as well."

The Constitution sets the first Monday after the second Wednesday of December as a deadline for the state legislatures to act. This year the date falls on Dec. 14.

The Constitution also provides that, if for some reason the Electoral College is unable to elect a president by Dec. 14, the U.S. House of Representatives is the governmental body responsible for determining who will be the next president and vice president; this according to the 12th Amendment.

In this situation, the manner in which the vote is to be taken is uniquely mandated. Individual members of the House do not cast votes as individuals.

Rather, votes would be taken by state delegations, making it effectively one vote per state.

As it currently stands with the present makeup of the House, the majority of delegations are in the hands of the GOP. If such a vote were to take place, it is highly likely that it would result in a win for the Republican presidential candidate.

President Trump’s supporters need to keep the faith — in the Constitution, in the truth, and in him.

James Hirsen, J.D., M.A., in media psychology, is a New York Times best-selling author, media analyst, and law professor. Visit Newsmax TV Hollywood. Read James Hirsen's Reports — More Here.

© 2020 Newsmax. All rights reserved.


   
1Like our page
2Share
JamesHirsen
Although several lawsuits have been filed and are in the process of being adjudicated, the ultimate antidote for the toxin that has infected our electoral system does not rest in a state or federal judiciary. It rests in the state legislature.
electoral, founders, gore
1014
2020-35-16
Monday, 16 November 2020 11:35 AM
Newsmax Media, Inc.
 

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved