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Gocs Blocking Legislature Rights To Select Electors Face Lawsuit
The Constitutional Conservatives ^ | December 26, 2020 | Daniel John Sobieski

Posted on 12/26/2020 10:22:06 AM PST by raptor22

When the Supreme Court of Chief Justice John Roberts rejected the lawsuit of the state of Texas and other states that said the election rules in contested battleground states like Pennsylvania were unconstitutionally written, SCOTUS ruled that it could not prove Texas ot its citizens suffered harm by the processes by which another state selects electors and writes election rules.

This of course is nonsense. Supreme Court Justices are like field goal kickers. They have one job. In the case of SCOTUS, it is to protect and defend the Constitution of the United States of America. We are a union of states, operating by the consent if the governed, and any state is harmed when another state is allowed to willy-nilly ignore its own state constitution and the Constitution of the United States in the favor of the whims ad agendas of activist governors and activist state courts.

What the U.S. Constitution actually says the state legislatures determine things. The Electors Clause — Article II, Section 1, Clause 2 of the U.S. Constitution — provides that "[e]ach 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."

States are not allowed, as in Pennsylvania, to do end runs around constitutional imperatives. When the governor of Pennsylvania could not get last minute Biden-friendly election changes through the state legislature, he went to aan activist “living Constitution” state Supreme Court which gleefully complied. Except that governors and state courts are not allowed to bypass state legislatures. A lawsuit by the Amistad Project of the non-partisan Thomas More Society attempts to correct this grievous usurpation of constitutional power:

(Excerpt) Read more at theconstitutionalconservatives.com ...


TOPICS: Conspiracy; Government; History; Politics
KEYWORDS: absenteeballots; amistadproject; briankemp; constitution; electoralcollege; electors; georgia; georgiarunoff; georgiasenate; johnroberts; scotus; statesrights; supremecourt

1 posted on 12/26/2020 10:22:06 AM PST by raptor22
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To: raptor22

Proximate cause vs cause-in-fact???


2 posted on 12/26/2020 10:28:15 AM PST by gov_bean_ counter (Potemkin Joe - Everything about him is fake)
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To: raptor22

What are GOCs?


3 posted on 12/26/2020 10:31:12 AM PST by Grampa Dave (If voting could change anything, they would not let us do it...!!! Posted by glasseye, 12/19/2020!! )
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To: Grampa Dave

SOCs not GOCs!

Come on, man!


4 posted on 12/26/2020 10:33:26 AM PST by Fury (.)
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To: raptor22

So who gets to tell Roberts that he is fired for failure to do his job?


5 posted on 12/26/2020 10:47:58 AM PST by Colo9250
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To: raptor22

“Gocs” means Govs.


6 posted on 12/26/2020 10:54:00 AM PST by Missouri gal
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To: Grampa Dave

GOC = GOV, but you already know that, or blame it on auto-correct. I’ve turned it off several times and like the Hilldabeast it keeps coming back to bedevil posters.


7 posted on 12/26/2020 10:58:02 AM PST by Knocker (Tell the truth and run like hell)
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To: Colo9250

Congress can impeach any Supreme Court Justice for “bad behavior” during their tenure on the bench and remove them. i do not believe it has ever been done before, but now is as good a time as any to start. Violating the Constitution probably constitutes “bad behavior” and Congress should act. However, it appears most of our congress critters are just as compromised by Chyna as the Supreme Court justices.

I suggest we start a letter writing campaign to all Federal congressmen and women to do their duty to protect the Constitution since the Supreme Court is failing to do its duty.


8 posted on 12/26/2020 11:02:04 AM PST by gspurlock (http://www.backyardfence.wordpress.com)
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To: Knocker

There is only one reason why SCOTUS will not hear the cases in question, fear of assassination by the deep state.


9 posted on 12/26/2020 11:06:02 AM PST by .44 Special (Tiamid Buacach!)
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To: raptor22; All
"[…] SCOTUS ruled that it could not prove Texas ot [sic] its citizens suffered harm by the processes by which another state selects electors and writes election rules."
FR: Never Accept the Premise of Your Opponent’s Argument

The institutionally indoctrinated, anti-Trump SCOTUS is bluffing the harm excuse imo.

More specifically, it's been argued in related threads that Justice Joseph Story had explained, in his 19th century Commentaries on the Constitution of the United States, a time capsule that would enable future generations of Americans to better understand how the clauses of the young Constitution, at least through the Bill of Rights (correction welcome), are best interpreted.

Regarding the recent Texas v. Pennsylvania appeal which the Court wrongly decided not to hear imo, Justice Story had clarified the intentions of the delegates to the Con-Con for the “state v. state clause” in the Constitution’s Article III, Section 2, Clause 1 (3.2.1).

"Article III, Section 2, Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States [emphasis added];—between a State and Citizens of another State; -- between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects."

Based on the history of conflicts between original colonies, Story had explained that the states v. state clause of 3.2.1 was made to obligate the Court to unconditionally (my word) give conflicted states a last resort to try to settle their differences to avoid the sword.

§ 1674. "Under the confederation, authority was given to the national government, to hear and determine, (in the manner pointed out in the article,) in the last resort, on appeal, all disputes and differences between two or more states concerning boundary, jurisdiction, or any other cause whatsoever [!!! emphases added]. Before the adoption of this instrument, as well as afterwards, very irritating and vexatious controveries existed between several of the states, in respect to soil, jurisdiction, and boundary; and threatened the most serious public mischiefs. Some of these controversies were heard and determined by the court of commissioners, appointed by congress. But, notwithstanding these adjudications, the conflict was maintained in some cases, until after the establishment of the present constitution." —Justice Joseph Story, Article 3, Section 2, Clause 1, Commentaries on the Constitution 3, 1833, The University of Chicago Press

§ 1675. "Before the revolution, controversies between the colonies, concerning the extent of their rights of soil, territory, jurisdiction, and boundary, under their respective charters, were heard and determined before the king in council, who exercised original jurisdiction therein, upon the principles of feudal sovereignty. This jurisdiction was often practically asserted, as in the case of the dispute between Massachusetts and New Hampshire, decided by the privy council, in 1679; and in the case of the dispute between New Hampshire and New York, in 1764. Lord Hardwicke recognised this appellate jurisdiction in the most deliberate manner, in the great case of Penn v. Lord Baltimore. The same necessity, which gave rise to it in our colonial state, must continue to operate through all future time. Some tribunal, exercising such authority, is essential to prevent an appeal to the sword, and a dissolution of the government [emphasis added]. That it ought to be established under the national, rather than under the state, government; or, to speak more properly, that it can be safely established under the former only, would seem to be a position self-evident, and requiring no reasoning to support it. It may justly be presumed, that under the national government in all controversies of this sort, the decision will be impartially made according to the principles of justice; and all the usual and most effectual precautions are taken to secure this impartiality, by confiding it to the highest judicial tribunal." —Justice Joseph Story, Article 3, Section 2, Clause 1, Commentaries on the Constitution 3,1833, The University of Chicago Press.

In other words, the only so-called standing that two conflicted states need to present their evidence to the Court is that they are states imo.

But instead of examining evidence to try to help calm down conflicted states as convention delegates had intended for SCOTUS to do to promote domestic tranquility insured in the Preamble to the Constitution, the corrupt Court is wrongly helping to divide the country, supporting the fraudulent election of Biden imo.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility [emphasis added], provide for the common defence [British?], promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Corrections, insights welcome.

10 posted on 12/26/2020 11:09:23 AM PST by Amendment10
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To: gspurlock

If violating the US Constitution was sufficient grounds to get an office holder removed there wouldn’t be enough of them left to field a high school marching band. Reference to the 10th amendment ought to depopulate at least half the entire federal government, and the Commerce Clause combined with the 14th would surely gather up most of what remains. I’m also no fan of the 17th, it reduced state legislatures to the status of handmaidens of the federal government rather than its masters.


11 posted on 12/26/2020 11:32:10 AM PST by Knocker (Tell the truth and run like hell)
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To: Knocker

Supreme Court Justices can be impeached and removed from office by Congress based on their determination of bad behavior. The Constitution is the Constitution. You appear to be correct, however, that no one in our government except for President Trump actually defends the Constitution.

But that does not mean we should just give up. We should still write or email our Congressmen and women and make our demands known.


12 posted on 12/26/2020 11:40:24 AM PST by gspurlock (http://www.backyardfence.wordpress.com)
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To: raptor22
States are not allowed, as in Pennsylvania, to do end runs around constitutional imperatives.

Unfortunately, they are. While I agree that a Gov, SOS and State SC, does not have constitutional authority to designate the time, manner or place electors are selected, The legislators can, as in the case with Pennsylvania, delegate by legislative act or inaction. It is the Pennsylvania legislators who have the constitutional mandate but until they fight it, they have have delighted by Inaction. Now The President can file against the US House of Representatives if they received a written objection from a member of the house, signed by at least 1 senator and did not follow the Constitutional mandate on how to resolve it. If they shrug it off and count objected electors, Members of Congress, states and Trump would all have standing and can immediately approach the SCOTUS. If the SCOTUS claims no standing, Trump is either done or he will be the most recent president to use the insurection act.
13 posted on 12/26/2020 11:40:40 AM PST by jmclemore (Hey! Mr. President, Lock them the FuQUp)
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To: raptor22

When the monstrous electoral fraud is allowed to stand in January then all hell will break loose. The USSC will have been revealed as just another evil part of totally illegitimate government forcing its tyrannical oppression on every Trump voter. The USA will finally be recognized as dead, dead, dead, with the Constitution no longer in effect anywhere. Then every sick thing that the USSC has forced on this country in the past fifty years, like unfettered abortion, homosexual “marriage,” enforced euthanasia, economic and cultural Marxism, unrestricted pornography, religious persecution, affirmative action discrimination, and so much more, will be expunged from every state that has the will to secede from what was once the USA. And there will be many red states and many red counties in blue states that will do just that. It will be like a snowball rolling downhill. It cannot be stopped by an illegitimate government with manpower problems facing a determined citizenry of 80 plus million people that have finally seen enough evil shoved down their throats like one big schitt sandwich.The Christmas bombing in Nashville is just the beginning.


14 posted on 12/26/2020 12:09:27 PM PST by DrPretorius
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To: raptor22

Isn’t there anyone in Pennsylvania that has standing?


15 posted on 12/26/2020 12:23:16 PM PST by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: Missouri gal

Gocs are Govs. Govs are Doves. Doves do not Love. Love is not the Answer. The Answer answers the Question. The Question is do you have Milk. Milk comes from Cows.

And the circle is complete.


16 posted on 12/26/2020 12:26:31 PM PST by Lazamataz (America is a carcass, to be plundered.)
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To: .44 Special

Oh B.S. They’re just corrupt. The only thing they “fear” is exposure and being called to account.

Who will call them to account? Congress? Not likely. 80 million royally pissed-off Americans? Far more likely.


17 posted on 12/26/2020 12:45:11 PM PST by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
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To: raptor22
The problem was not the rules and process of other states. The problem was states utterly ignored those rules and process and rigged the election. National elections affect all of us, so by definition when a state rigs a national election we are are affected by it.
18 posted on 12/26/2020 1:10:36 PM PST by Widget Jr
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