Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Oldeconomybuyer

It doesn’t. Inauguration Day is the actual deadline, as it’s the only deadline in the Constitution. All other deadlines like Safe Harbor are superseded by the Constitution.


7 posted on 12/08/2020 3:31:02 AM PST by MayflowerMadam ("Stand fast therefore in the liberty wherewith Christ hath made us free" Galatians 5:1)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: MayflowerMadam

Even that day wasn’t adhered to in 1876.


10 posted on 12/08/2020 3:53:42 AM PST by FreedomPoster (Islam delenda est)
[ Post Reply | Private Reply | To 7 | View Replies ]

To: All

WIKI——Safe harbor (law)

A safe harbor is a provision of a statute or a regulation that specifies that certain conduct will be deemed not to violate a given rule. It is usually found in connection with a more-vague, overall standard. By contrast, “unsafe harbors” describe conduct that will be deemed to violate the rule.

Theoretical justifications
Safe harbors have been promoted by legal writers as reducing the uncertainty created by simply employing a vague standard (such as “recklessness”).[1] On the other hand, this type of rule formulation also avoids the problem of creating a precise rule that leaves a judge with no available discretion to allow for “hard cases.”[2]:14–21

In theory, the safe harbor formulation can combine the virtues of vague standards and precise rules, allowing legislatures to prescribe with certainty the advance outcome for specific foreseeable cases, and to leave to judges to decide the cases that remain.[2]:16–18


27 posted on 12/08/2020 4:57:54 AM PST by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use. )
[ Post Reply | Private Reply | To 7 | View Replies ]

To: MayflowerMadam
All other deadlines like Safe Harbor are superseded by the Constitution.

The constitution gives Congress the ability to set the date/deadlines regarding federal elections. Congress did so with the Electoral Count Act of 1887 - which creates safe harbor day and the electoral college vote day.

Safe harbor doesn't appear in the constitution directly, but it exists in federal law as a direct result of powers expressly granted to Congress.

Congress could, theoretically, change the law. But that's not going to happen.
45 posted on 12/08/2020 6:44:55 AM PST by Boise3981
[ Post Reply | Private Reply | To 7 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson