Publius-Huldah's Blog

Understanding the Constitution

What can we do to get a reasonably honest election?

By Publius Huldah

A disaster of monumental proportions is likely to be ahead for our Country if we don’t take emergency action to get at least a reasonably honest election. Not only the President’s seat, but also the entire US House, the Houses in the State Legislatures, one/third of the seats in the US Senate, and a proportional number of seats in the State Senates, are all at stake in the upcoming election.

We are faced with irrefutable proof that the Marxists intend to steal the election. And they will not content themselves with stealing only the President’s seat – they seek to steal every seat on the ballots.

So we need to face up to the problem and take immediate action.

1. What does Congress have constitutional authority to do?

The President and Vice President are supposed to be elected using the procedures set forth in Article II, §1, cl. 2 and the 12th Amendment to our US Constitution. But we have ignored those provisions for a great many years; and it’s too late to obey them for the upcoming election of President and Vice President.

But Congress still has constitutional authority to invoke Article II, §1, cl. 4, which invests in Congress the power to determine the time of chusing the Presidential Electors and the Day on which they vote. That date is currently set for November 3, 2020.

Pursuant to Article I, §4, cl. 1, Congress may make laws determining the “Times, Places and Manner” of holding the federal elections to Congress.

Since we know that Trump ballots have been tossed into dumpsters, and election offices have been flooded with fake Biden ballots; the best course of action would be for Congress to make a law which reschedules the November 3 election to a later date; and cancels everything which has been done so far respecting the election (at least since the primaries).

Congress could then exercise its constitutional authority to establish common sense procedures respecting the “Time, Place and Manner” of voting in the upcoming elections. For example, Congress could pass a law providing that:

· Every registered voter who wants to vote must physically appear at his officially designated place of voting and produce proof of identity.

· Election Day should be one day – not weeks and months before & after the date set for the election.

· Absentee voting should be restricted to those who are out of the Country or out of State due to military service, service in the diplomatic corps, missionaries stationed overseas, businessmen stationed overseas, etc.

We used to do it this way.

But the Marxists came in with their hard luck stories about how these requirements were harsh, unfair, discriminatory, and so forth; and so our side [as usual] caved in and went along with the demands which stripped us of the ability to have even reasonably honest elections.

However, because Marxists now control the House, Congress lacks the ability to act as suggested above.

2. What does the US Supreme Court have constitutional authority to do?

Article I, §4, cl. 1 provides that the power to set the “Times, Places and Manner” of voting in federal elections is delegated exclusively to the Legislative Branches of the State & Federal governments [LINK]. Accordingly, and consistent with the Principle of “Separation of Powers” and the “political question” doctrine [LINK], the Judicial Branches of State and federal government have no lawful authority to substitute their views on these issues for those of the Legislative Branches.

Even so, with respect to the upcoming elections, lawless federal and state judges have been usurping power by substituting their views respecting the “Times, Places and Manner” of voting, for the views of State Legislatures. Some judges are ruling that because of COVID-19, voters shouldn’t be required to go to the polls – everyone must be allowed to vote by mail; and the time for counting ballots must be extended.

Obviously, the Supreme Court has no constitutional authority to substitute their views respecting the “Times, Places and Manner” of voting for those of the legislative bodies. Instead, the Supreme Court’s Duty is to issue orders and judgments which adhere to what the Constitution says.

So the Supreme Court should overturn the usurpatious orders of state and federal judges who attempted to usurp power over this issue. They should remind The People of our Country that only the State Legislatures and Congress may address these issues – that judges must keep their hands off. The power isn’t given to the Judicial Branches.

But a recent case out of South Carolina indicates that the most we will get from the Supreme Court is an unprincipled “cut the baby in half” compromise.

South Carolina law provides that a witness must sign an absentee ballot for the ballot to be valid. The Marxists (or their dupes) objected to this requirement and sued. Using COVID-19 as the excuse, the federal judge disagreed [!] with the statutory requirement for a witness, and said the State couldn’t enforce it. South Carolina election officials applied to the US Supreme Court for a stay of the lower Court’s order. 1

On October 5, 2020, in Andino v. Middleton [LINK], the Supreme Court stayed the Order, except to the extent that any ballots cast before they granted the Stay and received within two days of their Order may not be rejected.

So the Supreme Court’s Order is nothing for us to celebrate. The Supreme Court is allowing several days’ worth of unlawful ballots to be treated as valid; and thus are rewarding the trial judge’s usurpation of powers [which were granted to the South Carolina Legislature], by allowing these unlawful ballots to be counted.

But our good Justices, Thomas and Alito, and Gorsuch as well, would have granted the Stay in full and disqualified all the unlawful absentee ballots.

Justice Kavanaugh’s concurring opinion suggests that, like the majority, he doesn’t understand that the Judicial Branch has no constitutional authority to alter State election laws re the “Times, Places and Manner” of holding elections:  he pointed out that the actions of the lower Court violated Supreme Court precedent [!] that (1) an unelected federal judge ordinarily shouldn’t make public health decisions which overrule State Legislatures, and (2) federal courts ordinarily shouldn’t alter state election rules in the period close to an election. Yikes!

So while the Supreme Court might “give” us some relief from the massive cheating, it seems unlikely that they will provide a principled defense of our Constitution.

3. What must State Governments do?

State governments may be the only way salvage, at least to some extent, the upcoming election. Since the Judicial Branches of the State and federal governments have no constitutional authority to change the decisions of the Legislative Branches respecting the “Times, Places and Manner” of federal elections; State Governments should instruct the Election Officials for their State that they must obey & enforce the election laws passed by their State legislature and not the usurpatious orders of judges. Judges have no constitutional authority to change what the State Legislatures do on this issue!

Election officials should also be shown that judges have no power to enforce their orders & judgments – that they depend on the Executive Branches of the federal or State governments to enforce them. We are doomed if Americans remain unable to grasp this simple concept.

Endnote:

1 The better course of action would have been for South Carolina to nullify the lawless opinion of the federal judge by refusing to enforce it. Remember! Federal judges have no army – they can’t enforce their Orders. They must depend on the Executive Branch of the federal gov’t to enforce them. Who thinks President Trump would send in the National Guard to force South Carolina election officials to allow cheating in the upcoming election? If those officials had been familiar with what Alexander Hamilton wrote in Federalist No. 78 (6th para), they would have known this.

 

 

 

Duckduckgo is posting their annoying ads on my page without my permission.  I strongly object to their ads; and advise all to not use duckduckgo.  They claim to protect your privacy – but they invade MY site to tell you how much they love “privacy”!

October 15, 2020 - Posted by | 12th Amendment, Andino v. Middleton, Article I Sec. 4, Article II Sec. 1, Elections Clause, federal judges, Mail-in voting, Nullification, political questions | , , , , , , , ,

28 Comments »

  1. Posted doll hope you are well,God bless

    On Thu, Oct 15, 2020 at 8:37 AM Publius-Huldah’s Blog wrote:

    > Publius Huldah posted: “By Publius Huldah A disaster of monumental > proportions is likely to be ahead for our Country if we don’t take > emergency action to get at least a reasonably honest election. Not only the > President’s seat, but also the entire US House, the Houses in the ” >

    Liked by 1 person

    Comment by Union News page too much FB Censure | October 17, 2020 | Reply

  2. I hope that a copy of this excellent article has been sent to every Governor, Lt. Governor, attorney general, judge and legislator in every state and voting territory/possession of the union. As you say, we can’t force them to follow the law but we can damn well make them aware of the fact that we know what they’re doing.

    Like

    Comment by prsmith | October 16, 2020 | Reply

    • and who should be the one(s) who send it to them?

      Like

      Comment by Publius Huldah | October 16, 2020 | Reply

      • As the author and subject expert, I would expect that you have done so already but I was trying to encourage everyone else to follow suit. I could have worded it better. lol

        Like

        Comment by prsmith | October 16, 2020 | Reply

        • I write the Papers – do the heavy lifting – perhaps members of the public could help get the word out! Members of the public could help greatly to spread the Truth. But they expect me to do it all! Yikes! I’m one unpaid volunteer with no staff or assistants or help of any kind.

          Like

          Comment by Publius Huldah | October 16, 2020 | Reply

  3. Bond v. United States, 564 U.S. 844 (2011), is a Tenth Amendment case; the Supreme Court of the United States decided in late June 2011 that standing can sometimes be established by individuals, not just states, when Tenth Amendment challenges are raised in objection to a federal law.Justice Kennedy reasoned that actions exceeding the federal government’s enumerated powers undermine the sovereign interests of the states. Individuals seeking to challenge such actions are subject to Article III and prudential standing rules, but if the litigant is a party to an otherwise justiciable case or controversy, that litigant is not forbidden to object that her injury results from disregard of the federal structure of American government. The Court expressed no view on the merits of Bond’s challenge to the federal statute and remanded the case to the Third Circuit Court of Appeals. [emphasis mine]Hudlah, as a citizen you have raised for standing under the 10th Amendment that Congress or whoever are injuring the “people” when violating the federal structure of American government;Every “citizen” is one of the people, chief Justice Taney said:"The words ‘people of the United States’ and ‘citizens’ are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives. They are what we familiarly call the ‘sovereign people,’ and every citizen is one of this people, and a constituent member of this sovereignty   Dred Scott, 60 U.S. 393, 404WE THE PEOPLE, the sovereign, are the posterity, WE are the guardians of this CONSTITUTION,  have standing  to sue under the 10th Amendment!Regards,RICK  Sent from Mail for Windows 10 From: Publius-Huldah’s BlogSent: Thursday, October 15, 2020 5:37 AMTo: ricknu8@gmail.comSubject: [New post] What can we do to get a reasonably honest election? Publius Huldah posted: "By Publius Huldah A disaster of monumental proportions is likely to be ahead for our Country if we don’t take emergency action to get at least a reasonably honest election. Not only the President’s seat, but also the entire US House, the Houses in the "

    Like

    Comment by ricknu8@gmail.com | October 16, 2020 | Reply

    • Your post is difficult to read because of the formatting. But are you saying that the answer to our problems is to file a lawsuit in federal court?

      Like

      Comment by Publius Huldah | October 16, 2020 | Reply

  4. I agree totally! We should have a dedicated day (one day only) to vote. Make it a national holiday if so inclined. No mail-in! Absentee for excused only. NO HARVESTING!!

    Liked by 1 person

    Comment by Joseph Robinson | October 15, 2020 | Reply

    • Asking poll workers who are already understaffed to deal with 180 million voters on a single day is unreasonable. We can fix the problem with less draconian methods…if politicians want to fix it at all.

      Like

      Comment by prsmith | October 16, 2020 | Reply

      • This is something there should be a national discussion about so that the Legislatures can get informed and The People can demand common sense measures to clean up our filthy elections.

        Computer experts would have to answer this: Can a voting machine be developed which is tamper proof?

        I do know that elections officials could scour their rolls to purge the unqualified voters and ghost voters. States could require all registered voters who wish to remain registered to personally appear at the election office with proof of citizenship and identity. Cleaning up the election rolls is the first step and is something which could be done in every County in every State in this Union.

        I expect we have dirty elections because the powers in control don’t want clean elections.

        Like

        Comment by Publius Huldah | October 16, 2020 | Reply

        • Why do we need voter rolls (except for absentee ballots which should require proof of citizenship & ID to get a ballot and fingerprints on the ballot)? Show up with proof of identity (I would argue for fingerprints, facial recognition, retinal scan rather than plastic) and just vote. Computers can ensure that an individual doesn’t vote twice and it’s unlikely that the dead will be showing up for facial scans. Security will always be a problem but whole companies are dedicated to providing digital security so I don’t see that as (mostly) unsolvable. BTW, identity should link to citizenship documents to solve the passport or parents’ birth certificates problem.

          Like

          Comment by prsmith | October 16, 2020 | Reply

          • think this through before you provide suggested answers:
            Who has the authority to set the qualifications for voting?
            How are these qualifications to be enforced?

            I’ve written on this in my papers on the National Voter Registration Act of 1993.

            Like

            Comment by Publius Huldah | October 16, 2020

          • My suggestions would require new legislation likely in all 50 States and by the Fed. Every citizen over the age of X is eligible to vote; the operative words being citizen and age. Prove your ID at the polls via biomarkers which validates your ID and your citizenship and go vote. Simple, quick and effective. I’ve been a poll worker and it is virtually impossible to look at signatures or faces/photos to ascertain proof of ID but computers can nail it every time.

            Like

            Comment by prsmith | October 16, 2020

          • It would be good if your starting point were the US Constitution instead of your own opinions.
            I suggest that the curse of our time is that people put their own opinions about Transcendent Principles.

            Like

            Comment by Publius Huldah | October 16, 2020

          • Maybe some words as to why you don’t think these very reasonable ideas don’t meet the requirements of the Constitution? My ideas are not cast in stone; they are flexible if they don’t measure up to Constitutional strictures.

            Like

            Comment by prsmith | October 16, 2020

          • You think your ideas are reasonable because you don’t know what the Constitution says, and you don’t what the function of registration is. This paper explains it – be sure to read the entire Paper including the footnote which quotes Justice Thomas. https://publiushuldah.wordpress.com/2020/02/27/why-the-states-must-nullify-the-national-voter-registration-act-now/

            People must LEARN before they speak!

            Like

            Comment by Publius Huldah | October 17, 2020

  5. Thank you very much…:):)

    Like

    Comment by wernerl@mchsi.com | October 15, 2020 | Reply

  6. But how do we as individuals manage to get this accomplished? Time is running VERY short, and we know that this is going to be a totally illegal election. Of course, legality doesn’t seem to mean very much anymore. We had a totally illegitimate president in Obama, and Kamala Harris is not qualified to be President, and as such should not be allowed to run as vice-president. But nobody said anything, because most people know nothing of our Constitution and how we are being railroaded at every turn. Everything we have before us is illegal, immoral, or fattening!

    Like

    Comment by Jeannine Knotts-Brown | October 15, 2020 | Reply

  7. […] I just got my ballot in the mail yesterday. I’m planning on voting but I know I can’t be the only one wondering what we can do to get a reasonably honest election this time around. […]

    Like

    Pingback by 10-15-2020 The Bryan Hyde Show hour 2 – Loving Liberty Radio Network | October 15, 2020 | Reply

    • Vote in person if they allow it. If they don’t allow in person voting; can you hand deliver your ballot to the election office?
      If you mail it in, postal workers may toss it in the trash.
      Some Republican politicians don’t seem to be willing to admit there is a problem. If they admitted there is a problem, then they’d have to do something about it! I expect they don’t know what to do – and they aren’t willing to learn. I tell them what to do in this paper. But they can’t conceive of disobeying a judge.

      Like

      Comment by Publius Huldah | October 15, 2020 | Reply

  8. Has this been sent to President Trump, US Attorney General, US Congress, and the various state Governors, Attorney;s General, and states Congress?

    On Thu, Oct 15, 2020 at 7:36 AM Publius-Huldah’s Blog wrote:

    > Publius Huldah posted: “By Publius Huldah A disaster of monumental > proportions is likely to be ahead for our Country if we don’t take > emergency action to get at least a reasonably honest election. Not only the > President’s seat, but also the entire US House, the Houses in the ” >

    Like

    Comment by Almos Berry | October 15, 2020 | Reply

    • I can’t get thru to any of them. I have tweeted it to President Trump (several times) & got no response.

      Like

      Comment by Publius Huldah | October 15, 2020 | Reply

  9. regarding your note about DuckDuck Go, I use Startpage search engine and Brave browser, with great satisfaction!

    Liked by 1 person

    Comment by Clay Hamm | October 15, 2020 | Reply

    • Thank you, Clay! I will change to them.

      Like

      Comment by Publius Huldah | October 15, 2020 | Reply

  10. YOU are a wonderful Patriotic dedicated AMERICAN Icon. God bless and Thanks for all the great knowledge you share with all. Keep up the great work and cross your fingers others will learn and help restore AMERICA….

    Liked by 2 people

    Comment by woodlandwilly | October 15, 2020 | Reply

    • Thank you for such a warm “Good Morning” Greeting!
      But I find that too many of the People on our side aren’t willing to learn because they think they already know all that they need to know. And what they think they know is based on what they have heard here & there…. and is an incoherent jumble of half-truths and lies.
      I pray that God will open their eyes in time.

      Liked by 2 people

      Comment by Publius Huldah | October 15, 2020 | Reply

      • I wonder if that doesn’t have something to do with the fact that while the Constitution is only 17 pages long it required 85 Federalist Papers to explain it? And then there are the SCOTUS decisions. . .

        Like

        Comment by prsmith | October 16, 2020 | Reply

        • The Constitution of 1787 was a document unique in the recorded history of mankind. Do you know why it was so unique?
          The Federalist Papers were written to explain it; answer the objections of the anti-federalists to it; and to urge its ratification.
          The Papers also expound a political philosophy which had never before been put into operation.
          There is much value in those Papers.

          Like

          Comment by Publius Huldah | October 17, 2020 | Reply


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