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The Supreme Court’s “Breathtakingly Radical” New Approach to Election Law
Politico ^ | Nov 22, 2020 | Wendy Weiser and Daniel Weiner

Posted on 11/22/2020 8:06:19 AM PST by where's_the_Outrage?

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To: where's_the_Outrage?
Second, and even more dangerous, five of the court’s justices have signed onto opinions endorsing a brand new legal theory—that the Constitution gives state legislatures virtually untrammeled authority to set voting rules for federal elections, no matter how arbitrary or unreasonable.

This statement just shows the ignorance of the Politico reporters. Here's what Article II of the U.S. Constitution has to say about it: "President of the United States of America ... be elected, as follows: Each State shall appoint, in such manner 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; ..."

21 posted on 11/22/2020 8:36:32 AM PST by libertylover (Election 2020: Make America Great Again or Burn it to the Ground. Choose one. Voter fraud is treason)
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To: eyeamok
Am I missing something?? Is there an Influenza Clause somewhere??

You're not missing anything and it means what it says.

22 posted on 11/22/2020 8:39:01 AM PST by libertylover (Election 2020: Make America Great Again or Burn it to the Ground. Choose one. Voter fraud is treason)
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To: where's_the_Outrage?

When I absolutely need to know the truth, I never turn to Politico. I will be assured that I get the opposite from them.


23 posted on 11/22/2020 8:41:58 AM PST by centurion316
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To: where's_the_Outrage?
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.
--from United States Constitution Article II section 1 signed into law in 1797

Second, and even more dangerous, five of the court’s justices have signed onto opinions endorsing a brand new legal theory—that the Constitution gives state legislatures virtually untrammeled authority to set voting rules for federal elections, no matter how arbitrary or unreasonable.
--from Politico [Emphasis on brand new is mine]

I don't consider 1787 to be brand new...but hey I am just a deplorable nobody, not like a real honest to God Leftist "journalist".

24 posted on 11/22/2020 8:42:24 AM PST by AndyTheBear
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To: AndyTheBear

—Constitution was signed in 1787...typo in my comment changed 8 to a 9


25 posted on 11/22/2020 8:43:22 AM PST by AndyTheBear
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To: JLAGRAYFOX

Ever since Trump’s attorneys gave their big presser on Thursday, the Trump haters went from pretending to pity Trump supporters for thinking we still have chance, to acting quite testy.......and right on cue, the weak kneed pearl clutchers start howling that “Powell better put or shut up PRONTO”

The media could have just ignored the presser, just like they ignored Rudy’s presser two weeks ago.....so instead of worrying about whether or not Powell has sufficient evidence, I’m more focused on how the media and Big Tech are reacting to Trump’s team.....the fact that Facebook changed Biden’s page from “President Elect” to “Politician” is more evidence that things are moving in the right direction

We need to take a step back and see the forest for the trees..... Trump getting elected 4 years ago is the beginning of a new political movement.... We have to expect that the powers that be are going to do everything in their power to stop this movement in its tracks..... they didn’t get their Blue wave this year, And regardless of what happens, the truth will come out about this election fraud, and all the dirty Republicans who were in on it....this battle is important, but the war is more important, and our enemies are now facing an uprising that was 50 years in the making....we’ve only just begun to awaken and fight


26 posted on 11/22/2020 8:51:33 AM PST by The Fop (God Bless Donald Trump, Frank Sinatra, Joan Rivers, and the Fightin' Rat Pack Wing of the GOP)
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To: where's_the_Outrage?

Weiser and Weiner. You can’t make this shit up.


27 posted on 11/22/2020 8:53:22 AM PST by StAnDeliver (Eric Coomer of Dominion Voting Systems Is The Blue Dress)
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To: where's_the_Outrage?

Indeed don’t they know it’s the news media who make the law.


28 posted on 11/22/2020 8:53:22 AM PST by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: where's_the_Outrage?

>>>...responded to the pandemic by expanding voting access...<<<

So flagrant vote fraud is “expanding voting access”.


29 posted on 11/22/2020 8:56:23 AM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: where's_the_Outrage?
opinions endorsing a brand new legal theory—that the Constitution gives state legislatures virtually untrammeled authority to set voting rules for federal elections, no matter how arbitrary or unreasonable.

Both the Constitution and US Code Title 3 Chapter 1 refer to "legislatures" when setting election law.

Article II Section 1

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.

12th Amendment

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed...

3 U.S. Code § 1 - Time of appointing electors

The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.

3 U.S. Code § 2.Failure to make choice on prescribed day

Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.

3 U.S. Code § 3.Number of electors

The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives.

3 U.S. Code § 4.Vacancies in electoral college

Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote.

3 U.S. Code § 5.Determination of controversy as to appointment of electors

If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.

The state legislatures make the law regarding the selection of Electors to the Electoral College. In most cases, the legislatures solely "direct" the manner of selecting Electors as laid out in Article II Section 1. Only in the cases of 3 U.S. Code §4 and §5 for filling vacancies and resolving controversies in the electoral college, does the law say simply "by law," which implies the ordinary legal process of passing a bill and having the governor sign it.

This is not "arbitrary," "unreasonable," or "brand new legal theory."

-PJ

30 posted on 11/22/2020 9:00:33 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: where's_the_Outrage?

I believe the Supreme Court will be interested in fraud (A) to the extent it demonstrates that the safeguards provided by the legislature were sensible and should not have been disregarded by the Executive and/or state or lower-level federal courts; and, (B) it is reasonable to believe fraud effected the outcome of the election.

For Pennsylvania, where Biden won by a bit more than 70,000 votes; (B) might be satisfied with lists totaling several 10,000 dead and moved voters, to go along with the already large number of provisional in-person, election-day ballots that undid fake mail-in ballots; and, the lack of observers for signatures and other safeguards against fraudulent mail ballots.

The circumstances in Wisconsin and Georgia are different, but Biden’s winning margin is smaller.

Then there is Michigan, a big state that Biden won by 3 percent or a bit more than 150,000 votes. It boggles the mind that Detroit could have fabricated that many votes. My goodness!

I suspect there is little room for remedy.

Perhaps the Supreme Court could declare the vote void in those states where the outcome of the election cannot be determined because of possible fraud and the unconstitutional conduct of the election, and authorize the legislatures of the state. Perhaps this includes: GA, MI, NV, PA and WI. I assume the Democratic legislature of NV votes for Biden, and the Republican legislatures of GA, MI, PA and WI votes for Trump. Trump absolutely needs the first three, and - with the first three - Wisconsin would be redundant.


31 posted on 11/22/2020 9:01:28 AM PST by Redmen4ever
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To: where's_the_Outrage?

By ‘radical’ they mean “following the constitution”


32 posted on 11/22/2020 9:06:38 AM PST by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: where's_the_Outrage?

They are afraid ... very afraid.


33 posted on 11/22/2020 9:08:19 AM PST by Savage Rider
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To: where's_the_Outrage?

a megaphone for disinformation about the integrity of the 2020 election.


Light needs to be shined on the 2020 election. thank you Mr. President for doing so.....................


34 posted on 11/22/2020 9:09:22 AM PST by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: TigerClaws
This is a continuation of the coup that started when Trump Woodrow Wilson became the nominee.
35 posted on 11/22/2020 9:09:33 AM PST by PIF (They came for me and mine ... now its your turn)
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To: bigbob

I like your style !


36 posted on 11/22/2020 9:10:44 AM PST by Senormechanico
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To: Flick Lives

So much fun for the voting rights act of 1965.


37 posted on 11/22/2020 9:12:18 AM PST by DownInFlames (Ga)
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To: dp0622
ciolence

Had to look that one up.

38 posted on 11/22/2020 9:12:56 AM PST by Jeff Chandler (We flattened the heck out of that curve, didn’t we?)
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To: where's_the_Outrage?

I do not trust SCOTUS in the least when it comes to this election.


39 posted on 11/22/2020 9:12:57 AM PST by MayflowerMadam ("FRAUD VITIATES EVERYTHING." Landmark case - SCOTUS/ U.S. v. Throckmorton)
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To: bigbob
tell the media to just make up the news as they’ll do so anyway.

And for the love of all that's holy, stop interacting with the leftist media. No questions, no interviews, nothing.

40 posted on 11/22/2020 9:16:23 AM PST by Jeff Chandler (We flattened the heck out of that curve, didn’t we?)
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