How Republican-controlled state legislatures can rectify election fraud committed by courts and governors

Article subtitle: 
By the proper power our Constitution gives them
Article author: 
Daniel Horowitz
Article publisher: 
The Blaze
Article date: 
7 November 2020
Article category: 
National News
High
Article Body: 

Who determines the outcome of the presidential election in a given state? Governors? Secretaries of state or boards of election superintendents? The courts? Fox News' decision desk? Nope. The president wins a state when electors selected by state legislatures conduct a vote in their respective states on Dec. 14. Thus, ultimately, according to the Constitution, the state legislators wind up serving as the kingmakers in a disputed election.

Endless pots of unverified mail-in ballots that often fail to meet state election law standards weren't created overnight at 3 a.m. on Nov. 4. They were created by a mix of illegal administrative actions taken by Democrat administrations in the key states and state and lower federal courts overriding long-standing state election laws. This has been going on for years, but accelerated to a fever pitch over the past few months.

The Constitution, in Art. I, §4, cl. 1, gives state legislatures the power over the times, methods, and procedures of elections and provides no "public health emergency" exception that enables governors or judges to override them and create a new system for elections. At its core, this is why we have such post-election chaos, and it was by design – set in motion for years by the courts and crystalized over the past few months by using COVID-19 to remake the in-person voting electorate into a postal ballot free-for-all, in what Justice Gorsuch described as the greatest judicial intervention in elections in 230 years....

Mark Levin reminded his audience today that state legislatures are the ones who choose the electors who directly vote for president in each state.

Mark R. Levin @marklevinshow

REMINDER TO THE REPUBLICAN STATE LEGISLATURES, YOU HAVE THE FINAL SAY OVER THE CHOOSING OF ELECTORS, NOT ANY BOARD OF ELECTIONS, SECRETARY OF STATE, GOVERNOR, OR EVEN COURT. YOU HAVE THE FINAL SAY -- ARTICLE II OF THE FED CONSTITUTION. SO, GET READY TO DO YOUR CONSTITUTIONAL DUTY

... While everyone slept as the courts rewrote election law, Levin, a constitutional lawyer, warned on Sept. 18, "As in Pennsylvania, the Michigan legislature is controlled by the Republicans. They must meet in emergency session and exercise their Article II power under the federal Constitution and seize back control over the election system."...

In his 2005 book "Men in Black," Levin noted that the reason the Supreme Court ruling on the Florida recount in 2000 was final was not because the courts are supreme over the electoral process. Quite the contrary, the Supreme Court was merely rectifying a mistake the state court made, because Democrats were the ones who involved the courts in the election process to begin with. But why did Al Gore ultimately accept the decision in Bush v. Gore?

"The Florida legislature could have (and, in fact, was preparing) to intervene and name a slate of electors if the Florida Supreme Court continued to interfere with the election," wrote Levin on page 170. "The legislature, which was controlled by the Republican Party in 2000, had absolute authority under the Constitution to choose Florida's members of the electoral college."

Art. II, Sec. 1, §2 of the Constitution stipulates that "Each State shall appoint, in such Manner as the Legislature thereof may direct" the electors to vote for president. The Constitution gives Congress the authority to set the date of that vote, which, pursuant to 3 U.S.C. §7, is the Monday after the second Wednesday in December of presidential election years. This year it is Dec. 14....

Related

Donald Trump's Stealthy Road to Victory, by Graham Allison, National Interest, November 6, 2020.

New Election Math: It’s Not 270, It’s 26-24, by Jay Valentine, American Thinker, November 9, 2020.

Donald Trump’s likeliest path to staying in office - A contingent election would provide at least a patina of respectable constitutionalism, by Paul du Quenoy, The Critic UK, November 13, 2020.

The Founders Outsmarted the Presidential Election Fraudsters, by Gary Gindler, American Thinker, November 13, 2020.