Publius-Huldah's Blog

Understanding the Constitution

What the Constitution REQUIRES Congress to do on January 6, 2021

By Publius Huldah

1. The Rule of Law is being erased in our Land

Several years ago, I saw a movie on TV. The setting was Berlin, Germany just after WWII at the time the Soviets were laying rolls of barbed wire on the ground to mark the border between East and West Berlin. The main characters were a young American woman and a young German man. He had gotten a law degree while Hitler was taking over Germany; but he never practiced law. She asked him why and he said, “The Law disappeared”.

And that’s what’s going on in our Country: The Law – as the standard which those in government must obey – has disappeared and is being replaced by the age-old system where those with the power do what they want, and the cowards go along with it.

Just as the cowards in Germany went along with Hitler; cowards in America are going along with the Left’s brazen theft of the recent election. Countries are destroyed by such cowards; and that may be the reason Revelation 21:8 lists cowards as the first to be thrown into the Lake of Fire: Tyrants couldn’t get to first base without the acquiescence of cowards.

So this paper calls upon each Member of Congress to rise up and restore the Rule of Law to our Land.1 Knowledge of Truth – and the Love of Truth – make us strong. So learn the Truth, embrace it, and restore the Rule of Law.

2. We must read each Part of the Constitution in the Light cast by the other Parts

It is impossible to understand any Part of the Constitution without understanding how that Part fits into the Whole; and how each individual Part is affected by the other Parts addressing the same subject. Accordingly, it is an ancient rule of construction that constitutional provisions or statutes that are on the same subject (in pari materia) must be construed together [link].

So it is a serious misconstruction of the 12th Amendment to assert that Congress’s role on January 6 is the passive one of merely counting numbers; or that the Presiding Officer has discretion to do whatever he wants.

As shown below, specific provisions of the Constitution impose on Congress the Duty to determine whether the Electors were lawfully chosen; and whether the putative President elect and Vice-President elect are qualified for office.

3. When it meets on January 6, Congress must enforce these Constitutional provisions respecting the Appointment of Electors

Article I, §4, clause 1; Article II, §1, clause 2; and Article II, §1, clause 4

Art. I, §4, cl. 1 says that only state and federal legislatures have the power to make laws addressing the Times, Places and Manner of conducting federal elections. So Judges and State executive officials have no lawful authority to change the election laws made by the Legislatures!

Art. II, §1, cl. 2 says that the Electors for President and Vice-President are to be appointed in such manner as the State Legislatures shall direct. So Judges and State executive officials have no lawful authority to change the election laws respecting how the Electors are to be chosen!

So Electors who were appointed in violation of these two provisions were unlawfully appointed and hence are not legally competent to cast votes for President and Vice President.

Art. II, §1, cl. 4 provides that Congress may determine the Time of chusing the Electors. At 3 USC §1, Congress set the time for chusing Electors for November 3.

So Electors who were appointed after November 3 by means of late ballots (which was made possible by unconstitutional changes to state election laws which unlawfully extended the deadlines for receiving ballots past Nov. 3) were unlawfully appointed and hence are not legally competent to cast votes for President and Vice President. 2

4. Congress must also enforce these Constitutional provisions respecting the qualifications for the Offices of President and Vice-President

Article II, §1, clause 5

Art. II, §1, cl. 5 sets forth qualifications for the Office of President. After our first generation of Presidents [who were all born as subjects of the King of England] had passed away; the qualifications for President are that he must be a “natural born citizen”, at least 35 years of age, and have been for at least 14 Years a Resident within the United States.

The last sentence of the 12th Amendment shows that no person who is ineligible to be President is eligible to be Vice-President. 3

The 22nd Amendment

The 22nd Amendment imposes term limits on the office of President. So any person who has already served two terms is constitutionally ineligible to be President.

The 20th Amendment, §3

§3 of the 20th Amendment addresses what happens when the President elect and/or Vice-President elect “fail to qualify”. So §3 underlines Art. II, §1, cl. 5; the last sentence of the 12th Amendment; and the 22nd Amendment: If the President elect or the Vice-President elect “fail to qualify”, they are to be passed over.

So! The Constitutional scheme is that the Electors’ choice is subject to Congress’ determinations of:

♦whether the requirements of Art. I, §4, cl. 1; Art. II, §1, cl.2; and Art. II, §1, cl. 4 were obeyed when the Electors were selected; and

♦whether the persons whom the Electors chose meet the requirements of Art. II, §1, cl. 5; the last sentence of the 12th Amendment, and the term limits provision of the 22nd Amendment.

If not, Congress must disqualify the persons.

5. Congress is also bound by these Constitutional provisions

The Guaranty clause at Article IV, §4

Art. IV, § 4 says:

“The United States shall guarantee to every State in this Union a Republican Form of Government…” [emphasis added]

Since the essence of a “Republic” is that power is exercised by Representatives elected by The People; 4 the violations of Art. I, §4, cl. 1; Art. II, §1, cl. 2; and Art. II, §1, cl.4 (which made massive election fraud possible) strike at the heart of our Constitutional Republic.

When Electors are selected in violation of our Constitution by means of last minutes changes unlawfully made to state election laws; and/or an election is stolen by means of fraud, the Right of The People to choose their Representatives is taken away from them – and the Republic is destroyed.

Art. IV, §4 imposes on Congress the Duty to guarantee lawful and honest federal elections. Congress can do this by enforcing Art. I, §4, cl. 1; Art. II, §1, cl.2; and Art. II, §1, cl. 4 by disqualifying the Electors chosen in contravention of those provisions.

Congress may (and should) also disqualify Biden and Harris on the additional ground that their pretended election was procured by cheating.  They must be stripped of their sham “win”. 5

The Supremacy clause at Article VI, cl. 2

Art. VI, cl. 2 says:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof…shall be the supreme Law of the Land…” [italics added]

Only those Acts of Congress which are consistent with the Constitution are part of the supreme Law of the Land. 6

Accordingly, Sections 5 and 15 of the Electoral Count Act (3 USC §§1-21), are unconstitutional to the extent they purport to:

♦require Congress to accept slates of Electors who were appointed in violation of Art. I, §4, cl.1; Art. II, §1, cl. 2; and Art. II, §1, cl. 4;

♦require Congress, in the case of dueling slates of Electors, to choose the slate signed by the Governor of the State and reject the slate approved by the State Legislature; 7 and

♦eliminate the 12th Amendment’s dispute resolution procedures under which the House of Representatives chooses the President; and the Senate chooses the Vice-President. 8

But, contrary to what some have asserted, the 12th Amendment most manifestly does NOT vest exclusive authority and sole discretion in the President of the Senate (Vice-President Mike Pence) to determine which slates of Electors for a State are to be counted and which slates are to be rejected!

As President of the Senate, the Vice-President has certain Parliamentary powers at his disposal; but he has no “discretion” in deciding whether he will adhere to the Constitutional framework governing the Election. He – and every other Member of Congress – must adhere to and enforce each Constitutional provision.

The Oath of Office at Article VI, cl. 3

Every Member of Congress is bound by Oath or Affirmation to support our Constitution. On January 6, you must lay aside all personal considerations. Do your DUTY as set forth in the Constitution. And remember: This isn’t about Trump – this is about whether our Republic is to survive. If you permit violations of the Constitution and the resulting fraud to prevail; you will destroy our Republic.

6. Our Constitution sets up an elegant system of checks and balances

One of the benefits of the “separation of powers” Principle is that it provides a mechanism for one power to correct violations made by another power. Within the federal and State governments, powers are divided into three Branches: Legislative, Executive, and Judicial. Each Branch has the duty to “check” the violations of the other Branches.

Likewise, the power of the State governments is separated from the power of the federal government. When people within State governments violate the Constitution – as was done in the recent election – it is the Duty of the federal government to “check” the violation. Since Electors were chosen in violation of the Constitution; Congress has the Duty to check the violations and reject those Electors.

Endnotes:

1 The term, “rule of law”, is defined here at Point 7.

2 The same Principle applies to Electors who were chosen before Nov. 3 pursuant to [unconstitutional] state election laws which permit early voting for selection of Electors.

3 It appears that at the time Kamala Harris was born, her parents were not US Citizens. If so, she is constitutionally ineligible to be President or Vice-President [link]. Congress has the Duty to inquire into this matter; and if they find that she is not a “natural born citizen” within the original intent of Art. II, §1, cl. 5, it is Congress’ Duty to disqualify her. Congress is the body which is charged with determining the eligibility of the President and Vice-President [link].

4 Federalist No. 10 (J. Madison): “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”

5 If you win a medal at the Olympics; and it’s later discovered that you cheated by taking performance-enhancing drugs, you will be stripped of “win” and medal – and both will be awarded to your runner-up. The same Principle applies to stolen elections.

6 Federalist No. 78, 10th para (A. Hamilton): “…every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; ….” [emphasis mine]

7 Art. II, §1, cl. 2 provides that the State Legislatures have the power to direct how the Electors are to be appointed! The State Governor has no constitutional power whatsoever in the selection of Presidential Electors!

8 To the same effect, see the Complaint recently filed by US Representative Louie Gohmert [link].

January 5, 2021 - Posted by | 12th Amendment, 20th amendment, 22nd Amendment, Article IV, Sec. 4, Election of President, Elections Clause, Electoral College, Electors, free and fair elections, Kamala Harris, Mail-in voting, stop the steal, Times Places and Manner clause | , , , , , , , , , , ,

27 Comments »

  1. Reblogged this on Bob's Opinion and commented:
    Rebloged on Bob’s Opinion
    Thank you Publius Huldah
    Please visit her site, she is an exceptional mind on the Constitution.

    Liked by 1 person

    Comment by R.S. HELMS | January 9, 2021 | Reply

  2. Somber evening, PH. I deliberately didn’t type good, that word has little meaning in society now. It has meaning here, and other blogs with Liberty minded people, but not as a general application.

    Well, the die is cast, sides are chosen, and the betrayal is completed. The next two weeks are the calm before the storm, by the end of the month we will have arrived at the completion of the theft of the election. And then, events will spiral beyond control, if current events advance in the manner that some are suggesting. Which I prefer to not happen.

    The only possible event which would delay the future is Pres Trump using the EO from two years ago, and in some ways, using this will speed up the approaching conflict. So, there are really no options left except the 4th box.

    G_D be with you.

    Like

    Comment by Grog | January 8, 2021 | Reply

    • I’m praying President Trump will do his Duty, as imposed by the Constitution. – see my next to last paper.

      Like

      Comment by Publius Huldah | January 9, 2021 | Reply

  3. You are a treasure! Thank you so much for your wisdom. I have learned so much and it’s my duty to pass this along. I live in Minnesotastan, so wish me luck!

    Like

    Comment by Chad | January 6, 2021 | Reply

    • Thank you, Chad. God bless you.

      Like

      Comment by Publius Huldah | January 7, 2021 | Reply

      • I echo Chad‘s comments. I live in Commiefornia and will do everything I can to educate people re the Constitution and the practice of self governance. Joanna, please do not stop educating and supporting the Constitution… We will be here to spread your word

        Like

        Comment by MattM | January 7, 2021 | Reply

        • Thank you, MattM.

          Like

          Comment by Publius Huldah | January 8, 2021 | Reply

  4. Morning. Tremendous kudos to you for writing this piece of work. It’s very similar to what I use to do whenever I listed a synopsis of outline to follow. Couple of questions: 1) whom in attendance at today’s joint session of Congress has the mantle of authority to insure every tit and tat is followed? 2) is the person(s) constitutionally cognitive to the point that there’s no question regarding their knowledge? Very interesting read and all true I know. Your pertinent reply is most appreciated. Trump is still President and come January 20th he needs to have another four years Thank you again,

    Jack Adams

    Sent from my iPhone

    >

    Like

    Comment by Jack Adams | January 6, 2021 | Reply

    • every person in congress is responsible, individually, for obeying the Constitution.
      Think about that.
      It isn’t difficult to understand.

      Like

      Comment by Publius Huldah | January 6, 2021 | Reply

  5. Who interprets the Constitution for Congress and makes sure they are following it?

    Like

    Comment by KC Fowler | January 5, 2021 | Reply

    • Every person in congress is accountable to obey the Constitution.
      It was the Duty of The People to hold them them to their obligation.
      but The People couldn’t do that because they were too lazy to learn the Constitution for themselves.
      So everyone shoved his personal RESPONSIBILITY for learning & enforcing the Constitution onto the federal judges.
      – they wanted for federal judges to tell everybody what to do.
      And that’s how we got to where we are today: a Populace so ignorant that they don’t know what the Constitution says – all they know is how to obey orders.

      Like

      Comment by Publius Huldah | January 6, 2021 | Reply

  6. I think the rule of law is a modern term used to control people based on all the statutory laws and ordinances. If it was solely based strictly on law according to the constitution, as written not interpreted, or natural law it would make sense, but it is not. I have a problem supporting rule of law based on how it is used now, which is as a means to totalitarianism/tyranny.

    Liked by 1 person

    Comment by Eric | January 5, 2021 | Reply

    • I have NO IDEA WHAT YOU SAID. Do you know?

      Like

      Comment by Publius Huldah | January 5, 2021 | Reply

  7. I always look forward and appreciate your articles. They provide an understanding on what’s going on today in the political world plus give us valuable lessons and insights on the practical application of the Constitution (or at least on how it should be applied) as well. Thank you very much!

    Like

    Comment by Bob Russo | January 5, 2021 | Reply

    • You are welcome, Friend. Get it ASAP to your State’s Congressional Delegation if you can.

      Like

      Comment by Publius Huldah | January 5, 2021 | Reply

  8. One additional tidbit to add to my previous comment.

    “[I]t is well settled that the Elections Clause grants Congress ‘the
    power to override state regulations’ by establishing uniform rules for
    federal elections, binding on the States.” Foster v. Love, 522 U.S. 67, 69
    (1977) (quoting U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 832-833
    (1995)).
    El

    Like

    Comment by Douglas Smith | January 5, 2021 | Reply

    • Always go to the Constitution first: Article I, Sec.4, clause 1 says that Congress has the power to override laws made by State Legislatures re the “Times, Places, and Manner” of conducting federal elections. So you don’t need SCOTUS to tell you what you already know from Art. I, Sec. 4, cl. 1.

      SCOTUS often gets it wrong. And they have seriously abused and perverted Article I, Sec. 4, clause 1. I have 3 papers on how they perverted the “Times, Places and Manner” clause. It’s technical, but if you want to become an expert on an issue which we must resolve if we are to survive, here are the 3 papers: the latest one is first on the list: https://publiushuldah.wordpress.com/category/national-voter-registration-act/

      It isn’t true that the smartest judges in the Country are the ones chosen for SCOTUS. The Federalist Society (which I believe is “controlled opposition”) chooses our federal Judges. As long as they choose our federal judges, we will NEVER clean up the Courts. I believe that The Federalist Society pushed to get John Roberts appointed to SCOTUS.

      I think it must have been divine intervention and an Act of Mercy that Thomas and Alito got appointed & confirmed to SCOTUS. Those two are good! Perhaps Gorsuch will match up to them.

      Liked by 1 person

      Comment by Publius Huldah | January 5, 2021 | Reply

  9. Reblogged this on Starvin Larry.

    Like

    Comment by gamegetterII | January 5, 2021 | Reply

  10. […] What the Constitution REQUIRES Congress to do on January 6, 2021 — Publius-Huldah’s Blog […]

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    Pingback by What the Constitution REQUIRES Congress to do on January 6, 2021 — Publius-Huldah’s Blog | The zombie apocalypse survival homestead | January 5, 2021 | Reply

  11. I fear very few in our country are aware of any of this – a travesty of public schooling negligence. By design, I might add (I witnessed this as a public school teacher, 60’s to 90’s).
    And, I doubt Pence, if he IS aware, has the courage to act. Any way we look at this, I feel a civil war could very well be in our future.

    Like

    Comment by Rsmarsh | January 5, 2021 | Reply

    • well, I hear that some in Congress are moving to our side. Not all of them refuse to hear the Truth!
      And remember, there will be a million or so people just outside the door urging them to do what they all know in their hearts [even the evil ones] is what is Right.

      Like

      Comment by Publius Huldah | January 5, 2021 | Reply

  12. This is (OUR / THE) system. If we believe in IT (The System) then we ALL should stand up demanding this ‘Hot Mess’ be Stopped Asap…Sent from my Samsung Galaxy smartphone.

    Like

    Comment by trusader | January 5, 2021 | Reply

  13. AMEN!, AMEN!, AMEN! And that is a Hebrew phrase and has no reflection on gender. Thanks, PH. Now, we need to get this information to Congress along with:

    “A conspiracy may exist even if a conspirator does not agree to commit or facilitate each and every part of the substantive offense.” Salinas v. United States, 522 U.S. 52, 63 (1997).

    It is “the common-law principle that, so long as they share a common purpose, conspirators are liable for the acts of their co-conspirators.” Salinas v. United States, 522 U.S. 52, 64 (1997).

    “A conspirator must intend to further an endeavor which, if completed, would satisfy all of the elements of a substantive criminal offense, but it suffices that he adopt the goal of furthering or facilitating the criminal endeavor.” Salinas v. United States, 522 U.S. 52, (118 of 297) 65 (1997)

    Of course, Congress should already know this but, doubt has been created when the opening prayer ended with “Amen and Awomen”.

    Again, Thanks

    Douglas R Smith.

    Like

    Comment by Douglas Smith | January 5, 2021 | Reply

    • If my recollection is correct,”Amen” has nothing to do with male or female – it’s a word which means, agreement.
      It’s pretty stupid to insist that “Awomen” be added – that must have been AOC’s idea.

      Liked by 1 person

      Comment by Publius Huldah | January 5, 2021 | Reply

  14. It should say “rolls” of barbed wire.

    Sent from my iPhone

    >

    Like

    Comment by Pamela Walton | January 5, 2021 | Reply

    • TY, I’ll fix it.

      Like

      Comment by Publius Huldah | January 5, 2021 | Reply

    • Yikes! I had “roles” instead of “rolls”. Lots of OLD PEOPLE make mistakes like that – I don’t why I would be making such a mistake!

      Like

      Comment by Publius Huldah | January 5, 2021 | Reply


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