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Saturday, December 05, 2020

The legislatures have the power

Literally, the plenary power required to decide, absolutely and unilaterally, which presidential electors are appointed. The Supreme Court doesn't have it. The voters, legitimate and fraudulent, don't have it. Only the state legislatures do, no matter what the Fake News and the fraud-defending lawyers try to tell you. From The Tree of Woe, Alexander Macris explains the legal and historical truth of the matter:

What does “plenary power” mean? Plenary power is the most powerful authority that the Constitution grants to any branch of government.

According to Wikipedia, plenary power is “a complete and absolute power to take action on a particular issue, with no limitations. In U.S. Constitutional law, a plenary power is a power that has been granted to a body or person in absolute terms, with no review of or limitations upon the exercise of that power. The assignment of a plenary power to one body divests all other bodies from the right to exercise that power, where not otherwise entitled. Plenary powers are not subject to judicial review in a particular instance or in general.”

According to Justipedia, “Plenary power is an absolute power that is complete and allows for the holder to make unilateral decisions regarding a certain subject.”

By using the word “plenary,” the McPherson Court is stating that the state legislatures have complete, absolute power over the appointment of electors. Full stop.

McPherson is an old case, but it has been repeatedly upheld. In Bush v. Palm Beach County Canvassing Board, No. 00-836, Op. at 4 (Dec. 4, 2000), the Court wrote:

In the selection of Presidential electors, the legislature is not acting solely under the authority given it by the people of the State, but by virtue of a direct grant of authority made under Art. II, §1, cl. 2, of the United States Constitution. Bush v. Palm Beach County Canvassing Board, No. 00-836, Op. at 4 (Dec. 4, 2000)

This direct grant of authority “operates as a limitation upon the State in respect of any attempt to circumscribe the legislative power.” Bush, supra, at 5 (quoting McPherson, 146 U.S. at 25).

State courts may not invoke even the state constitution to circumscribe this state legislative power. Bush, supra, at 5, 7.

Bush v. Gore (2000) cited McPherson and Chief Justice Rehnquist, in his concurring opinion, expanded further:

There are a few exceptional cases in which the Constitution imposes a duty or confers a power on a particular branch of a State's government. This is one of them. Article II, § 1, cl. 2, provides that "[e]ach State shall appoint, in such Manner as the Legislature thereof may direct," electors for President and Vice President…

In McPherson v. Blacker, 146 U.S. 1 (1892), we explained that Art. II, § 1, cl. 2, "convey[s] the broadest power of determination" and "leaves it to the legislature exclusively to define the method" of appointment. 146 U.S., at 27…

[I]n a Presidential election the clearly expressed intent of the legislature must prevail…

More recently, in DNC vs. Wisconsin State Legislature, 592 US __ (2020), Justice Kavanaugh wrote a concurring opinion that stated:

Article II expressly provides that the rules for Presidential elections are established by the States “in such Manner as the Legislature thereof may direct.” §1, cl. 2 (emphasis added). The text of Article II means that “the clearly expressed intent of the legislature must prevail” and that a state court may not depart from the state election code enacted by the legislature. Bush v. Gore, 531 U. S. 98, 120 (2000) (Rehnquist, C. J., concurring); see Bush v. Palm Beach County Canvassing Bd., 531 U. S. 70, 76–78 (2000) (per curiam); McPherson v. Blacker, 146 U. S. 1, 25 (1892). In a Presidential election, in other words, a state court’s “significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question.” Bush v. Gore, 531 U. S., at 113 (Rehnquist, C. J., concurring). As Chief Justice Rehnquist explained in Bush v. Gore, the important federal judicial role in reviewing state-court decisions about state law in a federal Presidential election “does not imply a disrespect for state courts but rather a respect for the constitutionally prescribed role of state legislatures.”

So, to summarize:

  • The US Constitution grants the power to direct the manner by which presidential electors are appointed to the state legislature.
  • This grant of power is plenary, e.g. complete and absolute. The state legislature’s clearly expressed intent must always prevail.
  • The grant of power is exclusive to the state legislature. The state courts cannot overturn the state legislature on these matters.

Based on the above, there is no question whatsoever that the state legislature can appoint the presidential electors if it wants to. And, historically, state legislatures have done so dozens of times - in fact, 7% of all presidential electors in US history have been directly appointed!

Read the whole thing. It is not merely a compelling case, it is a conclusive one. And it makes legal roadkill of the ludicrous Lawrence Tribe in the process, which is nice.

The state legislatures have the duty and responsibility to take matters into their own hands and address this unprecedented assault on the electoral system and the U.S. Constitution. And they should recall that if they don't, the President has the moral duty and the Constitutional responsibility to hold them accountable for their failure.

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73 Comments:

Anonymous Anonymous December 05, 2020 6:36 PM  

I'd never heard of Macris before he started getting linked here. He's wicked smart.

Blogger jrapdx December 05, 2020 6:42 PM  

From what I read GA requires the governor to call the legislature into session. Absent that call, the process is stalled. Doesn't seem right to me, legislators should be able to act on their own, per the above opinions. If anyone knows GA's constitution well enough, would be very useful to clarify this point.

Blogger jrapdx December 05, 2020 6:46 PM  

Perhaps someone here could answer this. We hear that GA governor refuses to call the legislature into special session. In order to perform their duty to appoint electors, legislators need to meet. Seems an impasse. What does GA's constitution say about this? If anyone knows, would be useful to clarify the situation there.

Blogger Curlytop December 05, 2020 6:56 PM  

So reading this, is this why Kemp is dragging his feet to call a special session? The word on the ground is that Ga State Legislators are ready to be called...eager, yet nothing from Beijing Brian. I get that the Arkancide of Harrison Deal might rattle someone, but Trump's moves indicate that Beijing Brian should grow a pair.

Blogger Stg58/Animal Mother December 05, 2020 6:57 PM  

Texas has the same provision for a special session.

Prevents an activist legislature but enables a corrupt executive.

Blogger Picturemaker December 05, 2020 6:58 PM  

I agree, they do have the power. The real question is whether or not they will issue a slate of electors that are pro-Trump. I doubt it, especially with articles like these from Michigan and Arizona that clearly state that their GOP legislatures won't do it: https://www.bridgemi.com/michigan-government/joe-biden-won-michigan-elector-coup-not-going-happen-gop-leader-says and https://www.azcentral.com/story/news/politics/arizona/2020/12/04/arizona-republican-speaker-house-rejects-calls-overturn-election-rusty-bowers/3830827001/

Blogger Erich Schwarz December 05, 2020 7:00 PM  

One hopes that Trump's legal team has at least one Macris-equivalent making arguments at least this good.


--Erich Schwarz

Blogger Brick Hardslab December 05, 2020 7:02 PM  

But penumbra and stuff.

Blogger Stilicho December 05, 2020 7:03 PM  

Trump team has been releasing evidence in increasing doses as this progresses. I expect they are saving dominion vote swapping proof for last (the actual program, not just the results relased so far) along with the foreign elements.

Blogger liberranter December 05, 2020 7:04 PM  

Given the absolute and all-pervasive rot that is terminally infecting ALL of our institutions, not least of which is the judiciary at all levels of government, it will be interesting to see how firmly the courts stand on these precedents.

President Trump has thrown down the gauntlet and dared the courts to do something reckless. Let's see how thoroughly corrupted (or not) they are.

Blogger Stilicho December 05, 2020 7:09 PM  

Jrapdx, it doesn't matter what the GA constitution says. The GA legislature has a duty imposed by US Constitution to appoint a slate of electors whether the governor calls them into session or not.

Blogger van helsing December 05, 2020 7:11 PM  

well call it yerselves, GA legislature. vote. make governor do nothing stop you.

Blogger Joe Smith December 05, 2020 7:13 PM  

Watching their perceived victory turn into ashes in their mouths, step by step, day by day, is... interesting. The fact that the process is happening so slowly adds to the satisfaction.

Blogger AJ December 05, 2020 7:14 PM  

Consider the number of tweets that Trump has made to Kemp, one surmises that GA is critical to the plan. Kemp is showing steely resolve in the face of the “evidence” that has been dropped so far... I wonder if there is another turn of the garrote that will come next

Blogger Snidely Whiplash December 05, 2020 7:18 PM  

From the constitution of the State of Georgia regarding special sessions of the legislature:
Paragraph VII. Special sessions of the General Assembly.
(a) The Governor may convene the General Assembly in special session by proclamation which maybe amended by the Governor prior to the convening of the special session or amended by the Governor with the approval of three-fifths of the members of each house after the special session has convened; but no laws shall be enacted at any such special session except those which relate to the purposes stated in the proclamation or in any amendment thereto.
(b) The Governor shall convene the General Assembly in special session for all purposes whenever three-fifths of the members to which each house is entitled certify to the Governor in writing, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of the state. The General Assembly may convene itself if,after receiving such certification, the Governor fails to do so within three days, excluding Sundays.
(c) Special sessions of the General Assembly shall be limited to a period of40 days unless extended by three-fifths vote of each house and approved by the Governor or unless at the expiration of such period an impeachment trial of some officer of state government-30-
is pending, in which event the House shall adjourn and the Senate shall remain in session until such trial is completed.

Blogger Rebel Shoat December 05, 2020 7:24 PM  

They don't just have the power it is their absolute duty to use it.

And if they get sued they should tell the courts it is not re-viewable, pound sand, and send the electors they want.

Many of those state level politicians are also beholden to the Grand Old Prometheans. But they are more susceptible to being unseated in a primary and many will find themselves out of a job in a few years if they don't do the right thing.

Blogger Snidely Whiplash December 05, 2020 7:24 PM  

The other way forward would be to have both the governor and the lieutenant governor indicted by a grand jury for felony crime. By the constitution, each would lose his office within 10 days, promoting the speaker of the House to the governorship. The Lt Governor does not get replaced, so they can be done in any order or simultaneously.

Blogger Man of the Atom December 05, 2020 7:25 PM  

jrapdx wrote:From what I read GA requires the governor to call the legislature into session. Absent that call, the process is stalled. Doesn't seem right to me, legislators should be able to act on their own, per the above opinions. If anyone knows GA's constitution well enough, would be very useful to clarify this point.

Google still works from your location if you can post to Blogger/Blogspot. Try it sometime.
http://www.senate.ga.gov/Documents/gaconstitution.pdf
Page 30

Blogger Damelon Brinn December 05, 2020 7:40 PM  

It appears that Republicans have a 3/5 majority in the GA state Senate, but they would need a few Democrats on board to reach that in the House and be able to convene themselves without the governor's say-so.

Blogger My Shield Is Disgust December 05, 2020 7:53 PM  

At this point, I will be disappointed if Trump wins without having to declare martial law.

I think our enemies are damned if they do, damned if they don’t. Otherwise they would have done their usual petty fraud, watched it fail, and given up. But they absolutely have to get Trump out of office, or they will be destroyed.

CARTHAGO DELENDA EST.

Blogger Kristophr December 05, 2020 8:12 PM  

Plenary power means just that. The GA legislature can meet at a monster truck rally, and vote to send Republican Electors if they want. The Governor and the courts can pound sand.

Blogger OMGDwayne December 05, 2020 8:15 PM  

So reading this, is this why Kemp is dragging his feet to call a special session? The word on the ground is that Ga State Legislators are ready to be called...eager, yet nothing from Beijing Brian. I get that the Arkancide of Harrison Deal might rattle someone, but Trump's moves indicate that Beijing Brian should grow a pair.

I've lived in Georgia for most of my life, and our governors have been notoriously cuckified for decades. I can't really remember a decent one. Jimmy Carter was merely the worst (admittedly by a long shot). You have to go back to the 1950s to find a Georgia governor who was a dick-swinging White man. And he was horribly corrupt (He gave us 20 million dollars worth of roads and bridges and schools, and we only had to pay $100 million.) Ha ha. My dad was a huge supporter.

Even Lester Maddox became strangely neutered after his devastating victory over that aristocratic super-cuck Carl Sanders.

Kemp is just another pantywaist; a dilweed. His response to that hideous affirmative-action parasite Stacy Abrams when she tried to steal the governor's election was barely adequate.

Blogger Margo December 05, 2020 8:18 PM  

I think I heard the argument from Giuliani that the plenary power grants them the ability to go into session without the governor. Only for that reason.

Blogger Noah B. December 05, 2020 8:18 PM  

It does seem questionable whether limitations imposed on a legislature by a state constitution can affect the legislature's implementation of plenary powers specifically designated to it under the U.S. Constitution.

Also, if the legislature fails to take further action that does not legitimize the selection of electors through fraud. The legislature has vested its authority to choose delegates in a democratic process, and if that process is substantially altered then the legislature's authority has been illegally usurped. It would be much cleaner if state legislatures would fix this.

Blogger Margo December 05, 2020 8:18 PM  

I think I heard the argument from Giuliani that the plenary power grants them the ability to go into session without the governor. Only for that reason.

Blogger Hammerli 280 December 05, 2020 8:22 PM  

@20: I'd prefer that Trump not need to invoke the Insurrection Act. He needs legitimacy in office, and any whiff of military involvement would wreck that.

On the other hand, an effective regency would allow him to flush the toilet on our political class and the Propaganda Press...preferably the Propaganda Press first. There's a part of me that really wants to see a few dozen "reporters" found face-down in the Potomac with "Thou Shalt Not Lie" written across their faces.

Blogger Jack Amok December 05, 2020 8:25 PM  

There are many, many peaceful options for responsible men to put an end to Biden's attempted steal. If it ends up a non-peaceful resolution, it's their fault for being useless frauds.

And they should be held accountable for any blood spilled because they shirked their sworn duty.

Blogger jrapdx December 05, 2020 8:29 PM  

Thanks for the info. If 3/5 of legislators in each chamber want it to happen, the legislature can call itself into session. Currently Republicans hold 72% of the Georgia Senate, but only 58% of the Georgia House. Given composition of the House, the odds it happens seem remote at best.

So it comes down to whether the governor calls for the special session, and so far he's not going there. Maybe Trump will talk him into it. Better if the demands of the public pressure Kemp into doing the right thing.

I dunno, it's a thin thread to count on. If it doesn't happen will it persuade Trump to pull the Insurrection Act trigger? TBH I'm a lousy fortune teller—all I can say is Trump has been standing up for himself, and I expect he'll see it through to the bitter end.

Blogger Dole December 05, 2020 8:34 PM  

Unless Vox presents this in front of a judge, there is NO EVIDENCE!

Blogger Restitutor Orbis December 05, 2020 8:40 PM  

The plenary power grants them the ability to go into session without the governor, that's correct.

The Supreme Court has ruled that “There are a few exceptional cases in which the Constitution imposes a duty or confers a power on a particular branch of a State's government. This is one of them. Article II, § 1, cl. 2, provides that "[e]ach State shall appoint, in such Manner as the Legislature thereof may direct," electors for President and Vice President…” [T]he clause has conceded plenary power to the state legislatures in the matter of the appointment of electors…” “Art. II, § 1, cl. 2, "convey[s] the broadest power of determination" and "leaves it to the legislature exclusively to define the method" of appointment. 146 U.S., at 27…” “[I]n a Presidential election the clearly expressed intent of the legislature must prevail…” In addition, the Supreme Court has ruled that "state courts may not invoke even the state constitution to circumscribe this state legislative power."

Any interpretation of any State Constitution or law which prevents Pennsylvania’s Legislature from convening to direct the manner of appointment of the presidential electors is in violation of the US Constitution. A State Court attempting to rule otherwise is blocked by the US Supreme Court ruling that “"state courts may not invoke even the state constitution to circumscribe this state legislative power."

Blogger Doktor Jeep December 05, 2020 8:53 PM  

So I should expect to see the cuckislatures in prison orange...
Most of these scumbags are dirty and have to take orders or else. I suppose a charge of dereliction would be far less than the kiddy diddling or money laundering/drug trafficking they got caught doing.

Blogger vmax71 December 05, 2020 9:30 PM  

Watching he rally...the relaxed nature of the POTUS reveals to me that he has the POTUS race in hand. The whole rally was to make sure the get the Senate seats

Blogger papabear December 05, 2020 9:33 PM  

@26 At this point the majority of the Blues would never consider Trump legitimately elected. The Constitution is dead, and the divisions among Americans and NuAmericans is deep. Maintaining the veneer of "legitimacy" is enough of a concern that if Trump does cross the Rubicon he will be able to justify it.

Blogger Teleport me off this rock December 05, 2020 9:37 PM  

I'm sure they'll wield this power with the same intelligence and probity that the US congress wields its powers over coinage.

Blogger K December 05, 2020 9:40 PM  

Fewer than half of the Republicans in the Pennsylvania legislature would even sign on to the letter complaining to the US Congress. There will be no joy if Pennsylvania's legislature is the actual party permitted to assign electors (and I suspect similar problems in other battlegrounds). Let SCOTUS kick Pennsylvania's 20 electors, Georgia's, et al, out of the process by declaring the fraud has irredeemably corrupted the election and put the decision in the US House & Senate. That's the only way President Trump wins without crossing the Rubicon.

Blogger Silly but True December 05, 2020 9:41 PM  

Power can't be plenary if the power is subject to another's whim.

The power _is_ plenary.

Blogger Silly but True December 05, 2020 9:44 PM  

Here,GA Legislature would be acting in its federal role and power. GA State Governor has nothing to do with them here.

Blogger Storm Rhode December 05, 2020 9:55 PM  

Either Antifa communists will break their teeth on Trump's military or they'll sharpen their teeth on our bones. Stand with Trump or endure the tender mercies of his foes. Antifa's rage and hubris rival that of the sons of perdition. Can't reason with em.

Blogger Fellow Traveler December 05, 2020 9:55 PM  

Somebody school me here. I don't speak Legal or (((legal)))

When I read, from DNC v. Wisconsin: "The text of Article II means that “the clearly expressed intent of the legislature must prevail” and that a state court may not depart from the state election code enacted by the legislature."

I see: If the legislature passes a law that says 'Popular vote = winner gets Electors' then there is nothing to debate.

Am I missing something?

Blogger Unknown December 05, 2020 10:05 PM  

Totally agree with that beyond the point of no return for the Democrats just have to wait to see what comes out on the other side got that from falling down

Blogger SirHamster December 05, 2020 10:09 PM  

Hammerli 280 wrote:He needs legitimacy in office, and any whiff of military involvement would wreck that.
Trump does need legitimacy, but he already has it, by divine right, by our votes, and by the corruption and lawlessness of his enemies.

Military force would not detract from his legitimacy at all. If anything, with the CivNat'd population, strength is the ultimate legitimacy.

Military force will damage the American system, but it's hard to see how it's worse than the blatant electoral fraud.

Blogger Arthur Isaac December 05, 2020 10:11 PM  

I'd prefer that Trump not need to invoke the Insurrection Act to stay in office. After that It like to see him in act it to clear away the devastating and pervasive rot in the system that will be removed by no lesser axe.

Blogger Beloved December 05, 2020 10:22 PM  

That's interesting. The founders baked a veto over presidential electors for state legistlatures into the Constitution. Beautiful. Making the electoral college a centuries old firewall against democracy and voter fraud.

Well, that's neat.

Blogger KPKinSunnyPhiladelphia December 05, 2020 11:01 PM  

Say what you might want to about the future of the United States, it is indisputable: the founders of our Republic were very wise indeed.

Scalia in some of his talks likened them to the equivalent of Renaissance artists, a flowering of political thought equivalent to Michelangelo or Titian in the painting/plastic arts.

They knew that eventually there would be electoral controversies that would require both procedures and remedies. And the remedies become narrower and narrower as the controversies boil over. The
Founders knew that combining both narrower and more decentralized remedies could address those controversies, and keep the Republic moving.

Who knows? Maybe the GA and PA and MI legislature will take it upon themselves to implement the remedies. Maybe yes, maybe no.

But they can, if they have the courage. Courage is not a word that appears in the Constitution or, in my weak memory, in the Federalist Papers.

But courage is what is needed now.

Blogger Man of the Atom December 05, 2020 11:34 PM  

Fellow Traveler wrote:Somebody school me here. I don't speak Legal or (((legal)))

When I read, from DNC v. Wisconsin: "The text of Article II means that “the clearly expressed intent of the legislature must prevail” and that a state court may not depart from the state election code enacted by the legislature."

I see: If the legislature passes a law that says 'Popular vote = winner gets Electors' then there is nothing to debate.

Am I missing something?


Fraud. Fraud spoils the entire process. You follow that rule if the other rules are also followed. You can't award the Electors because you don't know what the Popular Vote really is due to fraud. This is not that hard. If this rule set is spoiled, then you go to the next overarching rule set.

The US Constitution Article II says State Legislatures have that responsibility. As @37 Silly But True said, this is a Federal/Constitutional responsibility held by the State Legislatures. If the GA State Constitution is contradictory to this Federal responsibility, Article II should allow the GA Legislature to meet, per previous USSC rulings, regardless of who agrees or objects.

Blogger pyrrhus December 05, 2020 11:37 PM  

This was all made very clear in Bush v Gore...contrary to popular opinion, even SCOTUS does not have the power to alter the Legislature's actions, or order a recount if the Legislature has chosen electors.

Blogger Didas Kalos December 05, 2020 11:38 PM  

@42 Arthur Isaac: With thousands of people who have committed Treason, how do you think the courts will handle this? Impossible.
He must invoke it.

Blogger pyrrhus December 05, 2020 11:39 PM  

Am I missing something?

Yes..the Legislature can overrule the popular vote and chose its own electors, even choose themselves as mentioned in Bush v Gore...

Blogger Noah B. December 05, 2020 11:43 PM  

The left is reluctantly acknowledging that state legislatures do have the power to decide how electors appointed, but they cover their tracks with, "But no state legislature has ever gone against the will of the people!"

But obviously the results of a fraudulent vote do not accurately reflect the will of the people. The state legislatures should look at all of the evidence, including the fake polls prior to the election and the media's suppression of revelations of the Bidens' corruption, and decide what outcome best represents the needs and desires of their constituents. And then vote for Trump's electors.

Blogger Lazarus December 05, 2020 11:44 PM  

KPKinSunnyPhiladelphia wrote:

But courage is what is needed now.


Are "We The People" sending them encouraging mail?

Blogger Arthur Isaac December 06, 2020 12:03 AM  

@Didas, I agree that he should enact it. I'd prefer to see it after a cleanish win. Based on my read on his rhetoric I'd say Trump is leaning the same way.

Blogger JWM in SD December 06, 2020 12:26 AM  

So heres the problem. Anti Trump Republicans believe it's easier to be loyal opposition than to be accountable to their actual constituents. That's what we see in these Republican Legislatures

Blogger rekrapt December 06, 2020 1:05 AM  

Trump is giving the corrupt system every opportunity to do the right/constitutional thing. When he exhausts all those options, he either concedes to this Commie takeover of our Republic and face endless attempts to throw him and his family in prison or he goes Lincoln on them and starts arresting corrupt officials/judges, shutting down fake news operations and arresting them for treason/sedition, and begins executing these traitors after they are all subjected to a military tribunal.

Blogger Teleport me off this rock December 06, 2020 2:03 AM  

Are "We The People" sending them encouraging mail?

Are you seriously suggesting that some letters are going to get these feckless cowards to do their required duties for the first time in over 70 years?

The state legislatures should look at all of the evidence, including the fake polls prior to the election and the media's suppression of revelations of the Bidens' corruption, and decide what outcome best represents the needs and desires of their constituents.

Now you're just taking the piss.

Blogger Unknown December 06, 2020 2:54 AM  

in fact, 7% of all presidential electors in US history have been directly appointed!

I looked that up, an interesting read

https://theconversation.com/could-a-few-state-legislatures-choose-the-next-president-146950
State legislatures could face legal and perhaps even state constitutional crises after Election Day, if they’re pressured to change how they traditionally allocate electoral votes.

Recent media reports indicate that Trump’s campaign is considering asking some of the 29 state legislatures with Republican majorities, in charge of a total of 300 electoral votes, to depart from current practice in choosing their Electoral College delegates. The request would be for those bodies to select Trump electors and order them to cast their ballots for the president, regardless of the candidate the states’ voters actually preferred......

Blogger The Depolrable Podunk Ken Ramsey December 06, 2020 2:55 AM  

One interesting thing about McPherson v. Blacker is that it fully acknowledges that the Electoral College never once worked as intended. The decision did, rightfully, uphold that nevertheless the Constitutional design is supreme. Let's step back and say that the Electoral College did succeed in that it does work against the tendency of larger states to overwhelm the smaller states. Okay, it did that. But still the college never once worked as intended.

If it did work as intended, then we would have a group of electors who, as free agents, consider everything that has happened and then cast their vote to represent the citizens who sent them. No, they are party hacks. Nobility and discernment are not things that attach to electors. Electors are not a defense against skullduggery and fraud as intended. They are not free actors. They are formulaic, tasked NPCs who are sent.

So the electors are all blown to pieces and we fall back to state legislatures. Sure, they have absolute power on this matter, but they refuse to use it. They, too, are sent. They are so independent that your state legislature could declare today that no more popular elections for president will be held at all, and that is constitutional. They could flip a coin. They could cut open a pigeon and augur its entrails (and this would be an improvement in many cases!). And that would be constitutional. They can do any damn well thing they please.

Ironically having been given such absolute power the state legislatures uniformly abandon the field and refuse to use it. That's odd. It's extremely odd that all these bodies who have been granted absolute power remain allergic to ever exercise it. With human nature once you give someone an inch he takes a mile. That explains so much!

So it's oh so very odd that state legislatures rather sit there dumbstruck when it comes to electors. Well I hope they get their asses in gear, they need to at long last.

State legislature are going to have to be spurred hard before they will act. It is good to see that effort underway.

Blogger Dan in Georgia December 06, 2020 3:07 AM  

I think it’s worse than that. I think he blinked in 2018 and got some help running up the vote totals in a very low GOP turnout year. The favor he owed them? Giving the dems Georgia this year.

Right now he looks like a guy that knows he’s been caught, but can’t surrender either. What the Chinese have on him must be worse than treason.

Blogger SciVo December 06, 2020 4:11 AM  

Laurence Tribe, man. I honestly had to turn his surname into a mnemonic to remind myself that he is not actually a jogger; he just reads like one.

Blogger Gregory the Tall December 06, 2020 4:37 AM  

When Trump is finished with this even the Chinese will begin to speak of "erection flawed".

Blogger Lila R December 06, 2020 6:25 AM  

Some don't get that we are already at war and force has already been used massively. Destroying businesses, looting, rioting, assaulting people,now subverting the vote. Using constitutionally granted emergency powers to fight back is the president's bounden duty at this point.

Blogger Catchthefox December 06, 2020 7:07 AM  

They won't since there won't be legitimate elections again if they don't do the right thing.

We have to hope Donald has something else to enforce their compliance.

Blogger Stilicho December 06, 2020 8:29 AM  

>>So it comes down to whether the governor calls for the special session, and so far he's not going there<<

That is retarded. The laws of GA are rendered irrelevant by the constitutional obligation of the GA legislature to appoint electors. They can appoint electors whether governor calls a special session or not. Moreover, they have an obligation to do so.

Blogger d December 06, 2020 9:24 AM  

Are we back to believing the racketeers running the contested states' legislative branches are on our side?

We are on our own. President Our Guy aborted our livelihoods and put us under indefinite house arrest, and yet we are getting giddy over hopes for their "plenary power".

Talk to your neighbors. Abort the governing racketeers.

Blogger Ominous Cowherd December 06, 2020 10:21 AM  

Fellow Traveler wrote:I see: If the legislature passes a law that says 'Popular vote = winner gets Electors' then there is nothing to debate.

Am I missing something?

You are missing that that was then and this is now. A legislature cannot bind itself, nor future legislatures. A past legislature - or this one in the past - passed a law delegating its power. Now nothing can stop this legislature from un-delegating it.

Blogger Ominous Cowherd December 06, 2020 10:23 AM  

Beloved wrote:The founders baked a veto over presidential electors for state legistlatures into the Constitution. Beautiful. Making the electoral college a centuries old firewall against democracy and voter fraud.
The delegates to the constitutional convention prayed daily for divine guidance. It looks as if they got some.

Blogger Ominous Cowherd December 06, 2020 10:34 AM  

The Depolrable Podunk Ken Ramsey wrote:If it did work as intended, then we would have a group of electors who, as free agents, consider everything that has happened and then cast their vote to represent the citizens who sent them. No, they are party hacks.
I think you are assuming intent that I at least don't see there. The original intent was for state legislatures to choose their senators. I think there is a similar intent here: states choose electors, who can do whatever the state pleases. So, by intent, they are likely to be NPC, as they usually are.
The Depolrable Podunk Ken Ramsey wrote:Ironically having been given such absolute power the state legislatures uniformly abandon the field and refuse to use it. That's odd.
Not at all odd. If they were to do the right thing, they might be criticized, or worse yet, not re-elected! It's much easier to hide behind a court decision or to hide behind an election. The several states happily gave income taxing power to DC, in return for some revenue sharing much later. Today, roughly half of Alaska's General Fund expenditures are matched by Federal funds. Every legislature would have to tax far more and would be far more unpopular if the legislature in DC weren't taking most of the blame.

Blogger DonReynolds December 06, 2020 11:37 AM  

All of the activist Leftist Liberals already know that the President and Vice President are NOT elected by popular vote in the USA, but they keep behaving and screaming as though they were.

I have found it useful to ask them directly....HOW are the President and Vice President elected? It turns out, they usually cannot tell you. They ALWAYS circle back to some twisted version of the popular vote.

Then I drop it on them... they are elected by the STATES. Not by the governors. Not by the state supreme courts. They are elected by the state legislatures... and by twist of fate, the state legislatures in the six contested states are all Republican-controlled, in both houses. You can step over that fact, or walk around it, or dig under it, but it is unmovable.

Blogger DonReynolds December 06, 2020 11:53 AM  

No one is asking the state legislatures to overturn an election or piss off their own same constituents. On the contrary, they are asked to not allow vote fraud to tip the outcome of the election. They are asked to stand with the real-live voters in their own districts. They are asked to flip off the dead voters, the imaginary voters, the voters from other states, the fake voters, and the illegal voters. They are being asked to flip BACK those votes that the corrupt voting machines CHANGED after they were cast by legal voters.

If I were in the state legislature, I would not find the courage to oppose the people who elected me. I am after all, THEIR representative in government. But I could find plenty of courage for the wrath of the dead and imaginary and illegal and fake voters. To Hell with those people.... those people being the corrupt Media hacks in the pocket of the Democrats.

Blogger JWM in SD December 06, 2020 12:45 PM  

Flynn Pardon is Too Broad;
https://www.law.com/nationallawjournal/2020/12/04/judge-questions-whether-trumps-pardon-of-michael-flynn-is-too-broad/

Blogger Didas Kalos December 06, 2020 1:18 PM  

petition to assemble congress in Georgia.
https://secure.campaigner.com/csb/Public/show/5is4-2bzvwo--sn1lc-qkxshy9

Blogger JWM in SD December 06, 2020 1:46 PM  

There is no deal to be made:
https://www.lawfareblog.com/who-will-decide-whether-investigate-trump

Blogger JWM in SD December 07, 2020 8:23 AM  

No session for GA according to Kemp its unconstitutional and illegal. Unfuckingbelievable.

Blogger JWM in SD December 07, 2020 8:31 AM  

Kemp is saying no. It is illegal and unconstitutional according to him. So...they're going to certify fraudulent results instead.

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