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Author Topic: No, State Legislatures Cannot Overrule the Popular Vote  (Read 501 times)

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Online Weird Tolkienish Figure

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No, State Legislatures Cannot Overrule the Popular Vote
« on: November 12, 2020, 04:41:37 pm »
I don't necessarily agree, i've never seen this interpretation before, just posting for commentary.

https://www.justsecurity.org/73274/no-state-legislatures-cannot-overrule-the-popular-vote/
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Offline skeeter

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #1 on: November 12, 2020, 04:56:19 pm »
The writer blows off the caveat that if special circumstances require the legislatures can devise their own method for nominating electors if the normal method meets with failure. The writer assumes force majeure is the only way this is in effect but it seems an argument can be made it can also happen in the event of gross voter fraud and refusal to allow the aggrieved candidate remedies available by law.
« Last Edit: November 12, 2020, 04:57:52 pm by skeeter »
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Offline Hoodat

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #2 on: November 12, 2020, 05:02:40 pm »
Quote from: Weird Tolkienish Figure on November 12, 2020, 04:41:37 pm
I don't necessarily agree, i've never seen this interpretation before, just posting for commentary.

https://www.justsecurity.org/73274/no-state-legislatures-cannot-overrule-the-popular-vote/

It is a nicely thought out argument.  The author makes some valid points.  But he also includes premises that are false, primarily that the Constitution prohibits disenfranchising eligible voters.  This simply is not the case.

Under current Georgia law, the Governor must select the slate of electors representing the certified winner.  But the law could be changed between now and then.  Nothing unconstitutional about that.
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Offline verga

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #3 on: November 12, 2020, 05:16:43 pm »
  bkmk
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Offline aligncare

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #4 on: November 12, 2020, 05:28:57 pm »
If in the first few responses I get a headache, I know the article’s not for me. There must be some tile around here needing some grout.
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Online Bigun

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #5 on: November 12, 2020, 05:29:27 pm »
Quote
Article II

Section 1.

The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:

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.
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Offline Cyber Liberty

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #6 on: November 12, 2020, 07:57:09 pm »
No, State Legislatures Cannot Overrule the Popular Vote

The title is a non-sequitur.  Nobody is suggesting that, the GOP is asserting Biteme didn't win the popular vote because of the massive fraud PA and GA perpetrated.  If/when the recounts and audits flip the election, the popular vote will reflect a Trump win.  If, at that point, the legislature were to step in and certify a slate of Electors contrary to the original results, the slate would indeed reflect the popular vote.

The premise of the article is fatally flawed from the get-go.  Reading it would actually reduce the intelligence of the reader.

Good call, @aligncare.
« Last Edit: November 12, 2020, 07:59:55 pm by Cyber Liberty »
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Offline Hoodat

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #7 on: November 13, 2020, 04:41:15 pm »
The biggest flaw of this legal argument is that it requires numerous violations of State law to get to the final point.  The author wants to make a Constitutional case disallowing States to reclaim their power to select electors while totally ignoring all the laws that were violated up until that point.  The author offers no opinion on double-voting, dead-voting, backdating ballots, tabulating out of view of observers, prohibiting observer entry, ballot harvesting, and the introduction of malware on ballot machines, yet insists the law be followed when it comes to selecting electors.
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Offline christian

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #8 on: November 13, 2020, 05:36:55 pm »
What happened to States have the right to run their own elections and make their own election laws?  Too many legislatures in the way of democrats getting their corrupt criminal way now ? 22222frying pan
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Offline RetBobbyMI

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #9 on: November 13, 2020, 05:57:45 pm »
Quote from: Hoodat on November 12, 2020, 05:02:40 pm
It is a nicely thought out argument.  The author makes some valid points.  But he also includes premises that are false, primarily that the Constitution prohibits disenfranchising eligible voters.  This simply is not the case.

Under current Georgia law, the Governor must select the slate of electors representing the certified winner.  But the law could be changed between now and then.  Nothing unconstitutional about that.
Sure laws can be changed, but it can't be done unilaterally.
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Offline Fishrrman

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #10 on: November 14, 2020, 01:26:51 am »
Hoodat wrote:
"The author offers no opinion on double-voting, dead-voting, backdating ballots, tabulating out of view of observers, prohibiting observer entry, ballot harvesting, and the introduction of malware on ballot machines..."

Better get used to all this stuff.
Because it's gonna become "de rigueur" for many more elections in the future.

They used to say:
"They can't cheat if it's not close".

But with the underground election apparatus being put into place by the democrat-communists, it may soon become:
"Show me the election, and I'll show you the winner"...
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Offline christian

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Re: No, State Legislatures Cannot Overrule the Popular Vote
« Reply #11 on: November 16, 2020, 08:38:58 pm »
Yeah, laws can't be changed unilaterally.  Like abortion laws were states rights issues until democrats wanted abortion laws to apply across the nation, so they claimed abortions were personal rights and State law miraculously became Federal law.  Of course in liberal awhoring, liberals can change laws from Federal to States, to States to federal on a whim, just because they say so.  As long as democrats are enjoying the fruits of felony voter fraud, then of course there is no a ability to remedy lawlessness, even on a felony level.  This is simply acknowledgement that democrats rule as Royality, and the law is whatever they decide on any issue at any particular moment.
All they need is enough whores to go along with it, Constitution be damned.
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