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Sunday, December 13, 2020

Are There Any Scholars Of The Constitution In The Audience? or Maybe Someone That Slept In A Holiday Inn Express Last Night?

That would like to explain this mode of chess.....

 

 Via twitter here <<<

 

The President’s Constitutional Plan.

It involves two steps, or two fronts: First the Courts, then the House.

-The Trump Campaign, RNC, various state GOP Parties, third party organizations, are filing county, state, and federal lawsuits.

A Republic, not a Democracy.
-The primary objective is to strategically get several ballots invalidated.

-However, a secondary objective is to publicly expose “corruption” in these cities to both STATE reps and US House and Senate Leaders. This is crucial.
-While keeping the 73 million Trump supporters engaged and working behind the scenes.

-There seems to be success in this, as two polls show 60% of the US now believe “fraud” occurred and only 49% believe Biden won. These polls have a 37-32 D:R bias.
-Keep in mind, MSM “calls” are merely “projections” of how a state voted in the popular vote. Strictly speaking, they means nothing.

-Win, or lose in court, the next step is the GOP State Legislatures (SLs) in PA, MI, WI, AZ and GA.

A Republican, not a Democracy.
-On December 14, 2020, Certified Electors from each state, cast their ballots for the President and VP. What many do not realize is they vote in their home state and their vote is sealed and NOT “counted” until January 6th. Crucial point.
-Now, the SLs have the Constitutional authority (under Article II, Section 1, Clause 3 and 3 U.S. Code § 2 and § 5) to appoint their own slate of Electors, loyal to President Trump, if they deem their state’s “POPULAR VOTE IS CORRUPTED”.
-In other words, the State GOP Legislature of Georgia, for example, can “conclude that the popular vote has been corrupted” and appoint a “competing slate” of electors, loyal to President Trump. For example, 20 Biden Electors from PA & 20 for Trump.

A Republic, not a Democracy.
-The precedent for this is the 1876 Election when SC, LA, FL and (1 EV from OR) each sent competing Dem and Repub Electoral votes, sealed, to the archivist in D.C.

-Keep in mind, NOTHING is “counted” yet. Another crucial point.
-On January 6, the 12th Amendment to the Constitution specifies that the “President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”
-That means that in the case of disputes about competing electoral slates, the President of the Senate—Vice President Pence—would appear to have the ultimate authority to decide which to accept and which to reject. This is supported by 3 U.S. Code § 15. Hence, Trump wins.
-This is a de facto check on the Electoral College, which few realize because it only happened in 1876.

A Republic, not a Democracy.
-If at that point, nobody gets to 270, the 12th Amendment stipulates, “the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote.”
-Currently, Republicans have a state delegation majority with 26 (likely 30 in the new Congress) out of 50. Ergo, Trump wins.

-Prez Trump has clearly discussed and been briefed on a strategy to contest the election via Constitutional means, first through the courts and then...
...through House, saying at a Sept. 26 rally in—where else—Pennsylvania: “And I don’t want to end up in the Supreme Court and I don’t want to go back to Congress either, even though we have an advantage if we go back to Congress — does everyone understand that? I think it’s....
...26 to 22 or something because it’s counted one vote per state, so we actually have an advantage. Oh, they’re going to be thrilled to hear that.”

NO clearer indication exists that this was his plan all along.
-Moreover, Politico reports, “In private, Trump has discussed the possibility of the presidential race being thrown into the House as well, raising the issue with GOP lawmakers, according to Republican sources" such as McConnell, Graham, McCarthy, etc.
-This would explain Sen. McConnell’s resolute backing of President Trump. It is clear, McConnell, who is shrewd and believes in raw power, knows POTUS is on solid Constitutional ground. With our help, he will hold the GOP Caucus in line.
- In a contested 2020 election, like the Election of 1876, the Republican Senate and Democratic House would disagree on which electors to accept. This is called a “disputation.”

A Republic, not a Democracy.
-Under the Constitution, there exists no mechanism to resolve a dispute in which the two houses of Congress cannot agree upon a certified set of electors, and there is no Constitutional role for the courts, including the Supreme Court. This is another crucial point.
-Hence, Trump’s Sept. 26th references to FIRST the COURTS, then the HOUSE (see above).

-The House and Senate GOP (McCarthy & McConnell) shall argue under the language of the 12th amendment, the President of the Senate—Vice President Mike Pence—has the sole discretion...
....to break a deadlock between the Senate and the House, and to either accept or dismiss disputed electors.

-Republicans will point to the historical pedigree of the VP’s position, observing that the GOP made the same argument during the election of 1876.
-Given the language of the Twelfth Amendment, whatever its ambiguity and potential policy objections, there is no other possible single authority to identify for this purpose besides the President of the Senate to act as the arbiter of any disputes and break deadlocks.
-In fact, within Pence's powers, he could either accept the competing slates of electors submitted, or dismiss them as disputed, and not have them counted. A reduced total still delivers Trump a victory BECAUSE IT DEPRIVES BIDEN OF 270. This is another crucial point.
-If 270 is not reached, then under the 12th amend, “the House of Representatives shall "choose immediately", in this scenario, reelecting President Trump to a second term because, as stated above, the GOP controls the House Delegation majority.

A Republic, not a Democracy.
So, what we need to do is KEEP CALLING, EMAILING, ORGANIZAING, MARCHING, and FORCING the GOP at the State and Federal levels to appoint a Republican slate of electors for Prez Trump and SUPPORT HIM 1000%.

End.
In case anyone is wondering about @realDonaldTrump's plan re competing slates, he just claimed victory in PA again.

By doing this, he's telegraphing to State GOP leaders, in his opinion "the popular vote is corrupted" and they must act.

I'm trying 2b objective in my analysis.
Addendum Trump’s Constitutional Plan (See above):

-Dec. 14 the Electoral College votes, but on January 6, is when it is “counted”.
-If one member of the House and one Senator dispute or "object" an electoral vote, or a state slate, both houses withdraw to debate the issue.
-Now, 3 U.S.C. § 6 says "if there is "controversy" re an election, then the governor must, "as soon as practicable after such determination," communicate, "under the seal of the State...a certificate of such determination in form and manner as the same shall have been made."
-This suggests that, if a governor is ignoring controversy, or a contested election result and not issuing a determination, and communicating it properly, s/he is breaking federal law.

-I believe this too is where objections re "certified" state electors will arise on Jan 6.
-For example, the GA, AZ, and PA results, will likely disputed by the Senate (R) because the govs of those states are AWOL, ignoring pleases for audits. Thus, their states' results will be challenged as "unlawfully certified".

-This will be resisted by the Dem House.
-Now, under the Electoral Count Act of 1877, it is unclear if the House accepts a slate and the Senate rejects it, how to move beyond an impasse. What is clear is that tradition holds “The President of the Senate” is the tie breaker. Ergo, Trump wins.
-Therefore, if disputes are raised over MI, PA, GA, and AZ, for example, and the House (D) & Senate (R) are tied, and Pence decides to side with the GOP and throw out the slates (which he would), neither Biden or Trump, could get to 270.

-The election results are rendered moot.
-If that occurs, the 12th Amendment CLEARLY says the “US House” delegations would “immediately” choose the president, while the Senate picks the VP.
-The GOP controls 26 of 50 US House delegations.

The House would reelect Trump.

-The Senate reelects Pence.
As I said earlier: we have a contested election.

We are headed toward a Constitutional crisis.

But @POTUS has a Constitutional plan, rooted in federalism, to be reelected.

Pray, if you pray, and if you don't...maybe you should start.

26 comments:

  1. Not a constitutional crisis but use of a brilliantly thought out mechanism to prevent Biden style theft of election.

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    Replies
    1. Biden doesn't have a "style", he's sliding ever faster into dementia. He's lucky he can remember to put pants on every morning.
      This is the Democrap-style of election fraud. With a LOT of help from overseas.

      Delete
  2. I think your problem here isn't your understanding of the Constitution but the inability to accept that there are precious few righteous men left in politics. The GOP sold us out long ago and the few who haven't know that any vote against the swamp is a literal death sentence. At this stage anyone paying attention can see that the corruption is so widespread and endemic that there is no longer a chance at a peaceful solution. Only one side will win and it will have to be done by blood; any thing other than that finality is only inviting even worse reprisal. What we're watching is not whether our political "betters" save the republic of not but whether they kick the can down the road or start the festivities now. As someone who grew up in Poland many years ago I've seen this play out and tried to warn you all only to be rebuffed. I believe that it is ironically you constitutional conservatives that ruined everything. You were so busy protecting everyone's rights to speak out that you forgot to demand your own soapbox until it now appears far too little too late. When someone starts voicing ideas that will destroy the country instead of confronting them and forcing their idiocy into the limelight, you hid behind 'it's their right to speak'; never once thinking that just because someone speaks doesn't mean there's no room for rebuttal.

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    1. > You were so busy protecting everyone's rights to speak out that you forgot to demand your own soapbox until it now appears far too little too late.

      Brother, you said a mouthful. Hopefully you recognize there are lot of conservatives who renounce the "spineless Republicans" who are notorious for not standing up for themselves.

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    2. Termites and roaches do what they do. But when the homeowner excuses their behavior as "they have a right to live also, ala 'live and let live', not knowing when someone is threatening your very existence", well, then they deserve to lose because they are stupid. Letting communists openly operate in your own country when everyone knows their goals (as stated in the Congressional record), and crimes are not prosecuted because laws are written by lawyers paid to protect the criminals, then our future has been sealed. It will take a household fumigation to set things on a better path and it won't be easy or pretty.

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  3. "But @POTUS has a Constitutional plan, rooted in federalism, to be reelected."

    I mean, that's cute and all, but it won't work. See, we get a say in it, too.
    - Just about every single other member of government at the Federal, State, and local levels

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    1. and pukes of your kind, unelected bureaucrats can suck it! You deserve no right to vote given your conflict of interests and union memberships. Bite me.

      Delete
  4. EVERY mechanism that Trump may seek to invoke to prevent the left from stealing this election involves people who work for the Fed Gov to DO THEIR JOB. So far NONE of them have done so. The latest being the cowards on the SCOTUS refusing to hear the Texas lawsuit. The JustUs Department under quisling AG Barr hasn't done shit. The FBI...a WHOLLY OWNED SUBSIDIARY of the American Communist Party nee Demonrats....put more time and effort into looking in to Bubba Wallace's garage door than they have the election fraud. EVERY judge so far to be involved in this debacle has done EXACTLY what the left told them to do....rule against Trump REGARDLESS of the evidence.
    So far EVERY effort made to nullify the theft of this election has been anticipated and nullified by the commie left. Unless Trump has a VERY big rabbit up his sleeve the left is going to win and the rest of us are going to get a gigantic taste of hell come to supper.

    ReplyDelete
    Replies
    1. Dan, I think you've nailed it. IMHO, our last, best hope was SCOTUS. That option was taken from us by Roberts, who, if President Trump eventually prevails, should be impeached. Word is he screamed at the rest of the Justices for some extended period of time about how, if SCOTUS took the Texas case, there would be civil war. So, as before in similar make or break cases, Roberts was compromised.

      Nemo

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    2. And SCOTUS punts. I guess, other than national survival, they have bigger fish to fry, eh?

      Delete
  5. Although this is putting my wifely unit through hell, I like the way DJT is proceeding. He's trying the "low pressure" (if you will) methods FIRST - and man, is he ever revealing for all to see just how bad the rot is. He's amping it up, a little at a time, and then I'm sure he's gonna drop the hammer when it becomes necessary.
    Remember EO 13848...

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    1. igor, I could be you. Wife is having a fit waiting this out, but I remain confident DJT will loose his EO's when the time is right.

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  6. Must be something to it..... to my knowledge, harris hasnt resigned yet from her senate seat.

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  7. Last sentence is best. I've been praying every night on this for weeks. God Bless America, Land that I love. We are all clinging to our hope, our bibles and our guns.

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    1. We, the Deplorables, will fight to defend the last vestige of liberty on this planet. The Barbarians are inside the wire! Stay frosty.

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  8. Agree that he has a valid constitutional path. Also agree that he is fighting against those that do not follow the rule of law, and short of SCOTUS or SL intervention, it is over. Sadly, I just do not see where any of them are willing to take a stand like the men who did to declare independence and create this Republic. I cannot explain how demoralizing it is to see that we allow people with no "stake" (shall we use the trending legal term STANDING) allowed to vote all rights/freedoms away from those that do the work, pay the taxes, and sustain the country.

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  9. 60% believe there was fraud, meanwhile alphabet network talking heads dutifully perpetuating claims of voter fraud are baseless narrative.

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  10. Friday is the deadline for Ratcliffe to report his findings regarding the election. IF the report finds significant foreign interference, as I believe it will, Trump will be free to invoke EO 13848.

    He would need a coordinated strike against the leaders of the coup d'etat and then use the Emergency Broadcast Network to address the people regarding what has happened. It will take huge cajones for Trump to take this move, but if he doesn't, then he and his children will be hounded for the rest of their lives.
    TN Patriot

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  11. This whole election debacle has me feeling like I'm in 30 feet of water trying to break the surface and I only have 25 feet of air.

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  12. Reading this makes my head hurt. Sure hope it works.

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  13. We always have a Constitutional crisis. Dan Blather's favorite line.

    Usually over a tempest in a pot, (usually tea, sometimes other).

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  14. I'm surprised that twitter hasn't taken that post down and hit him with the ban hammer.

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  15. This Country is past a Legal, Political, Legislative solution. There is but ONE way to correct what is going on.

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  16. Be patient!
    We won't know anything until Jan 6th.

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  17. You really believe all that?

    Trump ran a poor campaign, and really a poor 4 years. Not a biden fan, at all.

    But trump is a lying, thieving, self serving con man. Sad that so many are deceived.

    ReplyDelete

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