State Legislatures Must Take Back Their Constitutional Responsibility For Elections And Electors
There were many contributing factors to the 2020 presidential election disaster – the
Democratic Party’s longtime reliance on vote fraud and the Republican establishment’s refusal to acknowledge it let alone fight it top the list.
But there’s a second extremely important factor that no one seems to want to talk about, and that is the steady erosion of the constitutional responsibility and power of state legislatures to conduct presidential elections and conduct the appointment of Electors.
Over the course of the past 233 years state legislatures have given away their constitutional power and responsibility to set the manner of elections, sometimes in the name of “reform” other times that power and responsibility has been eroded by power-grabbing executive branch officials and judges.
The Constitution says in Article II, Section 1, Clause 2:
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.
And in Article I, Section 4, Clause 1:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
The 17th Amendment providing for direct election of Senators did not alter or reduce the power of the state legislatures to set the manner of elections and appointment of Electors.
However, we see in Pennsylvania, Georgia, Michigan, Arizona, Wisconsin and other states that have 2020 results in controversy that the legislatures themselves have either given away or failed to defend their constitutional power to set the manner of holding elections.
In Pennsylvania, the legislature gave away its power to a highly politicized state Supreme Court, where to no sane observer’s surprise the Democrat majority on the court ratified all the steps necessary for the vote fraud required to tilt the election to Joe Biden.
In Georgia, the legislature gave away its power to a politically corrupt executive officer – Secretary of State Brad Raffensperger, who entered a consent decree that was little more than a corrupt bargain with Democrat-aligned organizations to legalize all the steps necessary for the vote fraud required to tilt the election to Joe Biden.
In Arizona, Wisconsin and Michigan it was much the same story – legislatures gave away their constitutional powers to executive branch officers, or in some cases judges or even unelected bureaucrats who then ratified all the steps necessary for the vote fraud required to tilt the election to Joe Biden.
In some cases, notably in Wisconsin and Pennsylvania, the actions taken once the legislatures gave away their power were blatantly contrary to state law or the state constitution – but it was too late to do anything about it once the election was held and the votes cast because the only alternative was to overturn the election – something the courts, even the US Supreme Court, are loath to do.
One cure to these fraudulent results might have been obtained by state legislatures retaining the power to appoint and certify their states’ slates of Electors, but just as they have given away the power to set the manner of elections, state legislatures have given away to the executive branch their power to appoint and certify Electors.
The last opportunity to address this disaster now lies with Congress, and perhaps the Vice President, in today’s challenges to the tainted slates of Electors the 2020 election produced. It wouldn’t have come to this extreme had state legislatures not given away their most important constitutional powers – the powers to set the manner of elections and appoint Electors.
Many state legislatures are about to start their 2021 sessions, now would be a good time for conservatives to contact their state legislators to demand they retake any election or Elector-related power they have improvidently given away to the executive or judicial branches of government.
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