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 12^th 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 12^th Amendment shows that no person who is ineligible to be President is eligible to be Vice-President. ³

The 22^nd Amendment

The 22^nd 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 20^th Amendment, §3

§3 of the 20^th 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 12^th Amendment; and the 22^nd 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 12^th Amendment, and the term limits provision of the 22^nd 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 12^th 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 12^th 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, 10^th 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].

Article IV, §4, US Constitution REQUIRES Congress, the Supreme Court, and the President to Stop the Steal!

By Publius Huldah

Here is the interview Alex Newman of The New American Magazine and I did on December 23.

1. The Supreme Court’s Dereliction of Duty

The Pennsylvania Lawsuit

As pointed out in the interview [and previously here], Art. I, §4, cl. 1, US Constitution, delegates to state and federal legislatures alone the power to make the laws addressing the “times, places and manner” of conducting federal elections. In addition, Art. II, §1, cl. 2 provides that the State Legislatures are to decide how the Presidential Electors for their State are to be appointed.

But in Pennsylvania (and other States), Judges and State Executive Branch officials changed the laws made by their State Legislature in order to permit fraud of such a massive scale as would enable the theft of the election for the Biden/Harris ticket. Accordingly, during late September, the Republican Party of Pennsylvania filed a lawsuit challenging the unconstitutional changes to the State election laws. They lost in the Pennsylvania Supreme Court, and asked the US Supreme Court to review it.

But the Supreme Court dragged its feet. So on October 28, Justice Alito (who is the “go-to” Justice for the US Circuit in which Pennsylvania is located), issued a statement [link] where he identified violations of Art. I, §4, cl. 1 and Art. II, §1, cl. 2 as an issue of “national importance” which “calls out for review” by the Supreme Court; and that the Court should decide this issue BEFORE the election. He warned that the Supreme Court’s inaction on the “important constitutional issue” raised in the lawsuit has created conditions that could lead to “serious post-election problems.”

Justices Thomas and Gorsuch joined Justice Alito in his Statement – but nobody else.

The Supreme Court still hasn’t announced whether they will review the decision of the Pennsylvania Supreme Court. They set this case for conference (among themselves) on January 8 [link] – which is two days after Congress meets to count the votes.

The Texas Lawsuit

The Supreme Court’s handling of the Texas lawsuit was equally egregious. The Texas case alleged that using COVID-19 as an excuse, state election officials and judges in Pennsylvania, Georgia, Michigan, and Wisconsin usurped their State Legislature’s authority and unconstitutionally revised their State’s election statutes. These changes made massive election fraud possible. The Complaint sets forth compelling facts alleging the massive and coordinated fraud used to steal the November 3 election.

But the Supreme Court refused to hear the case, claiming that Texas “lacked standing” to bring the action. They were dead wrong. Here’s why:

Article IV, §4, US Constitution, says:

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

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

Obviously, when an election is stolen by corrupt politicians and political parties – with the connivance of Judges and State election officials – the Right of The People to choose their Representatives is taken away from them.

And this is why the State of Texas has “standing” to bring the lawsuit: Art. IV, §4, is for the benefit of the States who comprise this Union. The States created the federal government when they ratified the Constitution. The Supreme Court is merely the “creature” of that Constitution; and they may not lawfully act in contravention of the Document under which they hold their existence.

The US Supreme Court is required to act so as to preserve the Republican Form of Government for Texas and all other States. They shirked their Duty. Shame on the Supreme Court!

2. Attorney General William Barr’s Dereliction of Duty

Article IV, §4 also imposes on the US Attorney General – as part of the Executive Branch of the federal government – the Duty “to guarantee to every State in this Union a Republican Form of Government…”

Accordingly, the Attorney General has the Duty to prosecute persons engaged in federal election fraud; and he has the Duty to file civil actions addressing the election fraud – such as suggested by constitutional litigators William J. Olson & Patrick M. McSweeney in their Christmas Eve article here.

But not only did Barr not lift a finger to fight the fraud – he denied there was any fraud. He too shirked his constitutional Duty. Shame on William Barr!

3. Will Congress also shirk their Constitutional Duty?

Article IV, §4 also imposes on Congress the Duty to guarantee to the States a Republican Form of Government.

Section 3 of the 20^th Amendment imposes on Congress the additional Duty of determining whether the President Elect and Vice President Elect have “qualified” for office [respecting that, this short post will help you].

Congress has the ability to perform its sacred Duty under Art. IV, §4, by disqualifying Biden and Harris on the bases that their election was procured by changes to State election laws made in violation of Art. I, §4, cl. 1 and Art. II, §1, cl. 2, which made possible the brazen fraud which resulted in the theft of the election for Biden and Harris.

Kamala Harris should be disqualified on the additional ground that she is not a “natural born citizen” as required by Art. II, §1, cl. 5 and the 12^th Amendment [link].

But shockingly, it appears that some Republicans in Congress intend to go along with the fraud, and will use as an excuse the silly claim that presidential elections are up to the States and Congress shouldn’t bully the States!

But that would constitute an aiding and abetting of election fraud, and a shirking of Constitutional Duties. Congress! Do not strip The American People of their right to honest federal elections!

4. The Fraudulent Election is an Act of War against the People of the United States

This was not just another election. This was a planned and coordinated attack on the People of the United States. If we don’t defeat the fraud, the People of the United States will have been stripped of their sovereign power to choose their own Representatives. ²

This is an Insurrection against the sovereign power of WE THE PEOPLE. Traitors within our local, state, and federal governments have conspired with one another – and apparently foreign agents – to take our sovereign power away from us. And cowards are going along with it.

5. President Trump has constitutional and statutory authority to carry out the Duty imposed on him by Art. IV, §4

If, when it meets on January 6, Congress too shirks its constitutional Duty to guarantee honest federal elections and refuses to disqualify Biden & Harris; then the President is our last hope (within the purview of the Constitution). ³ Not only does Art. IV, §4 impose this duty on the President; he is also bound by his Oath of Office to “preserve, protect and defend the Constitution of the United States” (Art. II, §1, last clause); and, by Art. II, §3, to “take Care that the Laws be faithfully executed”. These three provisions impose upon him the Duty to act so as to preserve the Federal Constitutional Republic created by our Constitution of 1787.

And he has the constitutional and statutory authority to carry out his Duty:

Call up the Militia!

Article I, §8, cl. 15 authorizes Congress

…“to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;” [italics added]

Congress “provided for” calling forth the Militia by delegating to the President the authority to use his own judgment respecting whether to send the Militia into any State:

♦To enforce the Laws of the United States [10 USC §252];

♦To suppress uprisings which deprive the people of the rights, privileges and immunities, and protections recognized in the Constitution and secured by Law, and the State government isn’t protecting those rights [10 USC §253]; and

♦To suppress uprisings which oppose or obstruct the execution of the laws of the United States or impede the course of justice under those laws [10 USC §253].

So the Militia may be called forth:

♦To enforce Art. I, §4, cl.1 (which requires that only state and federal Legislatures may make laws respecting the times, places and manner of holding federal elections);

♦To enforce Art. II, §1, cl.2 (which provides that the State Legislatures are to decide how the Presidential Electors for their State are to be appointed);

♦To enforce Art. IV, §4 (which requires the United States to guarantee to the States a Republican Form of Government); and

♦To suppress the Insurrection which is right now going on in our Country.

A Brief History of the Militia

The term, “Militia”, refers to the armed and trained male Citizens. The Militia Act of 1792 provided for the arming and training of these male Citizens [link]. Our Framers did not want a standing professional Army – that’s why appropriations for the regular Army were limited to two years (Art. I, §8, cl. 12). Enforcement of federal laws, suppression of Insurrections, and much of the national defense were to be the responsibility of the Militia. When the federal gov’t needs to enforce its laws, it is to call forth the Militia – the armed and trained Citizens – to do the enforcing! During the Washington Administration, the federal gov’t called forth the Militia to enforce the federal excise tax on whiskey. Federal law enforcement is thus the province of the Citizens – the Militia! ⁴

But with the Dick Act of 1903, the organized Militia was converted into the National Guard – which is an adjunct of the federal military. And with 10 USC § 246, Congress redefined “Militia” to consist of two classes:

“(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

Earlier this year, in response to the violent Insurrections in the cities, Edwin Vieira, JD., Ph.D. (our Country’s foremost authority on the Militia) showed here how President Trump has the authority to send the Militia into the cities to suppress the Insurrections. But as discussed here [at endnote 11], President Trump’s two previous Secretaries of Defense apparently indicated that they would not obey orders to send the National Guard into the cities. Will Chris Miller, the present acting Secretary of Defense, be any better?

But if President Trump calls up “the unorganized militia” – which remains in existence as recognized by 10 USC §246 and which has his back – to enforce Art. I, §4, cl.1; Art. II, §1, cl.2 and Art. IV, §4 – he doesn’t need the cooperation of any deep state Secretaries of Defense.

6. Calling up the Militia is not equivalent to imposing “martial law”!

I implore Patriots to become precise in your use of terminology. Calling up the Militia for the purposes at Art. I, §8, cl. 15 is not “imposing martial law” [and it’s not “Marshall law”]! Martial Law is typically imposed during war time when invading military forces disband civilian governments [including the courts] in the occupied country and replace the civilian government with direct military control of civilian populations.

7. What is “the rule of law”?

The “rule of law” is a term which politicians and Attorneys General, who have no idea what it means, love to sling around: In his recent address to students at Hillsdale College, former Attorney General Barr said the “rule of law” means “treating everyone the same”. That’s not even close.

Law comes from a higher source than the civil authorities. The “Rule of Law” prevails when the civil authorities obey that higher Law – be it God’s Law or our Constitution. The Bible shows that Kings governed justly only when they governed in accordance with the Law of God. In our Country, the civil authorities govern justly only when they obey our Constitution. See: Lex, Rex, by Rev. Samuel Rutherford (1644) and here under the subheading, “1. The Civil Authorities are under the Law.”

8. This isn’t about Trump – it’s about defending our Constitutional Republic from enemy attack

It doesn’t matter what you or I think of President Trump: there is much to criticize about his policies. This fight is about whether our Republican Form of Government, with honest & verifiable elections, is to be restored; or whether our Right to choose our Representatives is to be stripped from us forever.

Endnotes:

¹ Federalist No. 10 (J. Madison) [link]: “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; …”

² “…The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow immediately from that pure, original fountain of all legitimate authority.” Federalist No. 22, last para (A. Hamilton). This is what we will lose if Congress and the President permit the cheats and subversives to get away with the election fraud.

³ If Congress and the President both shirk their Constitutional duties and “betray their constituents, there is then no resource left but in the exertion of that original right of self-defense …” Federalist No. 28 (A. Hamilton). Much blood will be on the hands of those who acquiesced in the fraud.

⁴ Not armed thugs from federal executive agencies such as the FBI, BATF, etc., etc., etc. !

This is War: Trump Must Act to Stop The Fraud

In this explosive interview with The New American magazine’s Alex Newman, constitutional lawyer and former military attorney Joanna Martin (also known by her pen name as Publius Huldah) gives a lawful and constitutional roadmap for President Trump to defeat the 2020 election fraud and the effort to destroy America’s constitutional republic. After outlining how Congress, the Supreme Court, and even the executive have failed so far, Martin explains that Trump still has not just a right, but a duty to invoke the Insurrection Act. Article 4 of the Constitution requires the federal government to guarantee to every state a Republican form of government. And the Constitution also provides for the militia to execute the laws of the union and put down insurrections, both of which are required right now. Trump must act now, especially if Congress does not do its duty on January 6.

 

 

A Constitutional Roadmap for Conquering Election Fraud

By Publius Huldah

The following shows what the State Legislatures and each Branch of the federal government have the authority to do to address the monstrous crime which has been committed against our Country.

1. Article IV, §4, US Constitution

The fundamental Principle which should guide us in dealing with this issue is set forth at Article IV, §4, US Constitution. It reads,

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

The essence of a “Republic” is that sovereign power is exercised by Representatives elected, directly or indirectly, by The People. ¹

Election fraud strikes at the heart of our Constitutional Republic. Therefore, Congress, the federal courts and the Executive Branch [i.e., the “United States”] have the duty, imposed by Article IV, §4, to negate the fraud in order to preserve our republican form of government.

As shown below, the States also have authority to remedy the election fraud committed in their State.

2. The Constitutional framework governing federal elections

These are the clauses in the US Constitution everyone should study:

♦ Art. I, §4 is the “times, places, and manner” clause: It means what it says! Federal and State judges, and federal and State executive agencies, have no authority to tinker with election laws made by the State Legislatures or Congress. When they tinker with the laws, their acts are usurpations and must be treated as such [link].

♦ Art. II, §1, clause 2: The President & Vice President are to be elected by Electors appointed, in such manner as the State Legislatures shall direct…

♦ Art. II, §1, clause 4: Congress may determine the Time of chusing the Electors and the Day on which they Vote.

♦ The 12^th Amendment sets forth the procedures for how the Electors are to cast their votes for President & then for Vice President. To our detriment, we have ignored those procedures for a long time.

♦ The 20^th Amendment, §1, says the terms of President & Vice President end January 20; and the terms of Senators & Representatives end January 3.

♦ And §2 of the 20^th Amendment says Congress shall meet on January 3, unless they make a law setting a different date. Congress did make a law which changed that date to January 6.

3. The Statutory framework

At Title 3, US Code, §§ 1-21 [link], Congress implemented the constitutional provisions.

Congress understood there would be fights in the States over the selection of the Electors. So they provided for the fights:

A.

At 3 USC §1, Congress set November 3 as the date for appointing the Electors in the States.

But the next two Sections address what happens when Electors aren’t appointed on November 3.

♦ §2 says the Electors may be appointed on a subsequent day in such a manner as the Legislature of each State may direct.

♦ And §3 says Electors are chosen when any controversy respecting their appointment has been finally determined. “Determining the controversy” is, of course, the purpose of the litigation and the hearings in State Legislatures.

B.

Article II, §1, clause 4, US Constit., gives Congress authority to determine the Date on which the electors vote:

♦ 3 USC §7 sets that date for December 14.

♦ But 3 USC §§12 & 13 provide for what happens when Congress hasn’t received the Electors’ votes by December 23.

So we see that flexibility to deal with fights in the States over the selection of Electors is built into the US Code.

C.

Now we get to the counting of the Electors’ Votes in Congress: 3 USC §15 says Congress is to meet on January 6 to count the votes. The President of the Senate [Mike Pence] presides. He is to call for objections to the votes. The rest of §15 and §§16-18 deal with handling the objections in Congress respecting the Electors’ votes.

So the statutory framework recognizes that selecting the Presidential Electors can get messy; and that there would be fights over the Electors in the States and in Congress. We are working through this process right now.

4. Congress has the power to determine whether the President elect and Vice President elect are qualified for office.

Section 3 of the 20^th Amendment shows that Congress has the authority to determine whether the President elect and Vice President elect are qualified for office. ² If either is not a natural born citizen, Congress has the power and the duty to disqualify that person. ³ Accordingly, it was Congress’ duty to inquire into whether Obama was a natural born citizen; and today it is Congress’ duty to inquire into whether Kamala Harris is a natural born citizen.

Congress also has the power – and the duty – to disqualify Biden and Harris on the ground that the fraud bringing about their sham “election” was an attack on the States’ Right, guaranteed by Article IV, §4, to have a republican form of government.

5. Election Fraud is a federal crime

It is the DUTY of the Department of Justice to investigate and prosecute the election fraud. It is disgraceful that they have done nothing.

6. The Duty of the Supreme Court

The Supreme Court is surely aware of its Duty, imposed by Article IV, §4, US Constitution, to guarantee to the States a republican form of government where Representatives are elected by The People – and not by corrupt politicians who pay for massive organized election fraud and cheating.

While the Supreme Court obviously cannot enforce its own rulings and must depend on the Executive Branch of the federal government to enforce them; ⁴ the Supreme Court must issue an Opinion consistent with Article IV, §4, which, when enforced by the Executive Branch of the federal government, solves the present crisis.

7. The State Legislatures should appoint replacement Electors

It is clear that State Legislatures have the power to ignore the fraudulent election and appoint a new set of Presidential Electors. Such is consistent with the Constitution and the statutory scheme laid out in 3 USC §§1-21. Furthermore, the Supreme Court has already acknowledged that State Legislatures may do this.

REMEMBER that Article II, §1, clause 2, US Constitution, says Electors are to be appointed “in such Manner as the State Legislatures” may direct.

Originally, Electors were generally chosen by the State Legislatures. In McPherson v. Blacker, decided 1892 [link], the Supreme Court gave the history of how each State Legislature chose their Electors since the first presidential election. It was only later that State Legislatures began to provide for the popular election of the Presidential Electors.

Congress expressly recognizes that State Legislatures may resume at any time the power to select the Electors. Remember that 3 USC §2, says,

“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.”

Additionally, in Bush v. Gore, decided 2000 [link], the Supreme Court said that the State Legislature’s power to select the manner for appointing electors is plenary; it may, if it chooses, select the Electors itself; and even after granting the franchise to the People to select the Electors, State Legislatures can resume the power at any time.

So yes, in States where the election was stolen, the State Legislatures may – and should – reassume their plenary power to select the Electors. America urges the State Legislators to be bold and do what is right.

8. Warning

Republican establishment cowards who refuse to confront and defeat the election fraud don’t seem to understand the consequences of their refusal to man up and fight the fraud. Our Country is right now in the process of being overthrown and taken over by profoundly evil people. You better fight while we still can.

Endnotes:

¹ Federalist No. 10 (J. Madison) [link]: “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; …”

² The qualifications are set forth at Article II, §1, clause 5 and the 12^th Amendment, last sentence.

³ Whether or not a President elect or Vice President elect meet the constitutional qualifications for office is a political question for Congress to decide.

⁴ Federalist No. 78 (A. Hamilton) [link] “…The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” [Caps are Hamilton’s; other emphasis added]

Don’t Fall for the National Popular Vote – Enforce the Electoral College!

Here are the Exhibits referenced in the video: Be a Berean and look at them!

The red & blue map

The Chart

George Mason’s comment on July 17, 1787 re election of chief Magistrate [from James Madison’s Journal of the Federal Convention of 1787].

George Washington’s letter of October 3, 1788 to Alexander Hamilton.

California’s Assembly Bill No. 60 (passed 2013) permitting illegal aliens to get drivers’ licenses.

California’s Assembly Bill No. 1461 (passed 2015) establishing “Motor Voter” procedures where, when one gets a drivers’ license, one is automatically registered to vote.

Funding for FairVote.

Gallup Poll showing declining support for a national popular vote.

The various voting numbers came from HERE.

WHAT HAPPENS IF HILLARY DIES BEFORE THE ELECTION? WHAT HAPPENS IF SHE IS ELECTED, BUT DIES BEFORE TAKING OFFICE?

By Publius Huldah

The system we now use to elect presidents and vice presidents is unconstitutional. Our Constitution doesn’t permit political parties to hold primaries & national conventions to select nominees for their party.

Instead, the Electors of each State are to meet within their own State and THEY cast the votes for their State for president; and then in a second ballot, THEY cast the votes for their State for vice president. Then each group of Electors sends their list of persons voted for to the President of the Senate who, on a specified date, counts the votes.

The 12th Amendment specifies the procedures we are supposed to follow.

I have two papers on this: The most recent is here: https://publiushuldah.wordpress.com/…/trashing-the-12th-am…/

The earlier article I wrote on this topic illustrates with examples, precisely how the voting for president and vice president is to be done:  https://publiushuldah.wordpress.com/2012/02/09/national-popular-vote-goodbye-sweet-america/   and look under the subheading, The 12^th Amendment Establishes Procedures For Voting By Electors.

So the Constitution doesn’t address what happens if Hillary dies before the election, because under the Constitution, her nomination [like Trump’s] is unconstitutional.

We abandoned the Rule of Law long ago.

We are now under the Rule of Man.   So the Democrat party will do whatever they want to do about replacing her if she dies before the election.

Section 3 of the XX Amendment addresses what happens if Hillary is elected but dies before she takes office:  Tim Kaine will be President.

Trashing the 12th Amendment with the National Popular Vote

By Publius Huldah

The compact for a National Popular Vote (NPV) is a destructive scheme. Yet it’s been approved by several States; and is pending in others. Since the text of the compact no longer seems to be set forth on the NPV website, we’ll look at the NPV bill previously filed in Tennessee.

In a nutshell, the compact seeks to evade the 12^th Amendment to our Constitution (where the States elect the President); and substitutes a national popular vote where inhabitants of major metropolitan areas elect the President.

The Constitution our Framers gave us

The federal government created by our Constitution is a Federation of Sovereign States united under a federal government for those limited purposes itemized in the Constitution; with all other powers reserved by the States or the People.

So that The States – The Members of the Federation – could maintain their independence and sovereignty, our Framers wrote these provisions into our Constitution:

• State Legislatures were to choose the U.S. Senators for their State (Art. I, §3, cl. 1); and,
• The States, as separate political entities, were to elect the President (Art. II, §1, cls. 2 & 3).

The People were to elect only their Representatives to the House (Art. I, § 2, cl.1).

James Madison explains in Federalist No. 45 (7^th para), why this ensured that The States would maintain control over the federal government:

“The State governments may be regarded as constituent and essential parts of the federal government …Without the intervention of the State legislatures, the President of the United States cannot be elected at all. They must in all cases have a great share in his appointment, and will, perhaps, in most cases, of themselves determine it. The Senate will be elected absolutely and exclusively by the State legislatures. …Thus, each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments …” [boldface mine]

The result of State Legislatures choosing the U.S. Senators and controlling the election of the President [via the selection of Electors], was that the States would be able to control the federal government.

The 17^th Amendment

But we threw away one of these safeguards when we foolishly ratified the 17^th Amendment with the popular election of U.S. Senators. This is how The States – The Members of the Federation – lost their representation in Congress and their control of the Senate.

Art. II, §1, cl. 2 and the 12^th Amendment

We abandoned the other safeguard when we foolishly ignored the procedures in the 12^th Amendment where small bodies of specially chosen wise and prudent men (Electors) made the selections of President and Vice President for their State. We allowed Electors to become rubber stamps for the popular vote in their State.

Our Framers didn’t want popular election of the President because they recognized that People are easily manipulated by those who take advantage of their “hopes and fears”, to steer them towards candidates favored by powerful groups (Federalist No. 64 (3^rd & 4^th paras; Federalist No. 68, etc.).

Furthermore, under the 12^th Amendment, the electoral votes of each State are split according to how the Electors vote. If Tennessee obeyed the 12^th Amendment, it would work like this when selecting President:  5 Electors vote for Candidate X; 4 vote for Candidate Y; and 2 vote for Candidate Z. Those would be the vote totals for President which would be sent to Congress. The same procedures are to be followed in a separate vote for Vice-President. ¹ The “winner takes all” practice followed in most States is unconstitutional!

How The National Popular Vote Scheme Will Work

Under the scheme incorporated in the NPV bill previously filed in Tennessee, all of Tennessee’s electoral votes would be awarded to the presidential candidate who receives the most popular votes in all 50 States and the District of Columbia.

The wording of the compact is deliberately obscure. In plain English, this is what it does:

Art. II

Each Member State will conduct a statewide popular election for President and Vice President.

Art. III

(a) & (b) The State Election official in each Member State will add up the votes cast in all the States and the D.C. to get the total number of votes cast nationally for each presidential ticket. The State official will then designate the presidential ticket with the largest number of votes nationally as the “national popular vote winner”.

(c) & (g) Electors will then be appointed in each Member State who are to cast all their votes for the national popular vote winner.

So! If the popular vote in Tennessee is for James Madison, but the total national popular vote favors Adolf Hitler, then all of Tennessee’s 11 Electoral Votes are awarded to Adolf Hitler.

Indeed, the winner of the national popular vote will end up with all the electoral votes for every State.  And do not think that the winner will fail to claim a “Mandate” for whatever he wants to do.

 The States Can’t Lawfully Enter Into A Compact Which Violates The U.S. Constitution!

Every aspect of the NPV violates the 12^th Amendment.  It sets up a method of electing the President and vice-President which is altogether repugnant to our Constitution.

Furthermore, Art. I, §10, last clause, prohibits States from “enter[ing] into any Agreement or Compact with another State” “without the Consent of Congress”.  So, whether the NPV Compact also violates Art. I, §10, last clause, depends on whether Congress consents to it. But Congress may not lawfully consent to unconstitutional compacts of the States!

Under The NPV Scheme, Votes From Major Metropolitan Areas Will Decide Presidential Elections.

Most of the Population of these United States is located in a few major metropolitan areas. Under the NPV scheme, these areas would decide the elections for President!

See this “extremely detailed map” which depicts the areas which voted for Trump (shown in red) and the areas which voted for Clinton (shown in blue) in the last  presidential election.

The NPV is not about “making every vote count”. The NPV is about guaranteeing that every future presidential election is decided by inhabitants of major metropolitan areas (those few areas shown in blue).

Arguments of the NPV lobby

♦They complain that State winner-take-all statutes award all of a State’s electoral votes to the candidate who gets the most popular votes in the State.

But their scheme substitutes a national winner-take-all system! That’s better?

♦They complain that presidential candidates pay no attention to the issues of concern to voters in States where the statewide outcome is a foregone conclusion.

But presidential candidates aren’t supposed to pay attention to anything other than those few issues which have been delegated to the federal government in our Constitution! The notion that the federal government’s job is to handle the different issues which concern people of particular geographical locations, or gender, or sexual orientation, or religion, or race, or ethnicity, or social background, and so forth, is poison. That’s not the job of the federal government, and it’s not the job of the President!

♦They complain that battleground states get more money in federal grants, more presidential declarations of disaster, more exemptions from Superfund enforcement, and more exemptions from the “no child left behind” law.

And I ask, what do federal grants, presidential declarations of disaster, Superfund enforcement, and federal education dictates – all have in common? They are all unconstitutional! There is no authority in the Constitution for any of these programs.

♦They complain that four times in our history, candidates have been elected who didn’t win the most votes nationwide.

Well, boo hoo! The purpose of the Electoral College is so smaller States will have a voice – our Framers rejected the idea of a national popular vote.

♦They complain that presidential candidates spend money and have campaign events only in battleground States.

But with a national popular vote, there won’t be any battleground States because it will be a foregone conclusion that every election will be won by the candidate who appeals to those in the large urban areas.

The NPV scheme makes it easy to steal a presidential election

Joseph Stalin said, “The people who cast the votes don’t decide an election, the people who count the votes do.”

We are told that Clinton got 2.8 million more votes nationwide than did Trump. Whether she really did or didn’t isn’t the point because that’s what the vote counters said.

With the NPV scheme in place, the vote counters can fabricate enough votes to steal every presidential election.  Even if an election were honest in most States – a few large States where cheats control the machines – can throw a national election.

The number of Electoral Votes is fixed at 538. Cheaters can’t manufacture Electoral Votes out of thin air. But the number of popular votes said to have been cast in a presidential election is limited ONLY by the depth of the depravity of corrupt party officials, corrupt campaigns, and corrupt election officials.

Here’s another way to steal the election:

The NPV bill describes how votes will be reported by States who joined the Compact: The chief election official of each State – that’s the Secretary of State – is to communicate to the other State Secretaries of State, the number of popular votes cast in his State. These Reports are considered to be “conclusive”.

And that’s how each State Secretary of State finds out who won the national popular vote – it’s what the other Secretaries of State tell him – and what they tell him is “conclusive”.

The NPV scheme gives illegal aliens power to choose our President

In California, Clinton supposedly got 4.3 million more votes than Trump.

How many of these votes were cast by illegal aliens? California now allows illegal aliens to vote in elections:

During 2013, California passed a law, AB 60, permitting illegal aliens to get driver’s licenses.

During 2015, California passed a Motor Voter Law, AB 1461, which provides that when you get a driver’s license in California, you are automatically registered to vote. This law pays lip service to “citizens” voting – but there are no provisions for requiring “citizenship” as a prerequisite to being registered to vote.

And the Law specifically says that if a person who is ineligible to be registered to vote is registered and then votes, that person will be presumed to have acted with official authorization and shall not be guilty of fraudulently voting unless that person willfully votes knowing he isn’t entitled to vote.

So yes, illegal aliens who have driver’s licenses can vote in California – they were automatically registered to vote when they got their drivers’ licenses. If they’re caught, all they have to say is, “I thought I was entitled to vote since the State DMV registered me to vote.”

How many illegals made up the 8,753,788 votes Clinton supposedly got in California? With a NPV, this kind of shenanigans in just one large State can determine the outcome of an election.

What Should We Do?

Oppose the National Popular Vote scheme – do not let the few blue areas determine our Fate.

Return to the 12^th Amendment. We must dismantle the present unconstitutional and corrupt system and return to the method of electing the President and Vice President established in our Constitution. State Legislators could restore to their States right now the power to control the President!  All States have to do is obey the 12^th Amendment! Also, specially chosen Electors are far more likely to choose good Presidents than the ignorant masses which fill our major cities.

Even in its present perverted form, the “Electoral College” serves two important purposes: (1) It balances the influence of the heavily populated urban areas with the more sparsely populated rural areas; and (2) gives the smaller States a voice in the election of President.

As a People, we need to STOP being so eager to amend a Constitution we have never read and don’t understand.

Endnote:

¹ For an illustration of how voting under the 12^th Amendment is to be conducted, see THIS under the subheading, “The 12^th Amendment Establishes Procedures For Voting By Electors.”

Revised Jan 5, 2019

Who Makes the Ruling that Someone is not Qualified for the Office of President of the United States?

By Publius Huldah

According to the original intent of our Constitution, Ted Cruz & Marco Rubio are not eligible to be President because their fathers weren’t US citizens at the times they were born. So they are not “natural born citizens”.

So! How is this handled? Who calls it?  Who makes the ruling? Do we “file a lawsuit” and let federal judges decide? “Slap your hands!”, our Framers would say. They would say, “READ THE CONSTITUTION AND SEE WHAT IS SUPPOSED TO HAPPEN!”

[Our lives would be so much simpler – and our Country so much better off – if we read & supported our Constitution.]

Read the 12th Amendment. That sets forth the procedures for election of President and VP. Note that ELECTORS are supposed to be the ones making the selection – not The People. [There is a reason for that.]  For an illustration of how this works, go HERE and read the subheadings,  “Electors” Appointed by States Were To Choose The President!  and The 12^th Amendment Establishes Procedures For Voting By Electors.

So! Assume we followed the Constitution on this issue and we get to the part where Congress is counting the votes as provided by 12th Amendment. And Lo! Congress discovers that the person who got the most votes for President is NOT QUALIFIED by reason of age, or not being a natural born citizen, or not having been for at least 14 years a Resident within the United States.

Obviously, it’s Congress’ job to make the ruling – to make the call – on whether the President and VP – selected by the ELECTORS – are qualified under Art. II, Sec. 1, clause 5.

So what happens if Congress finds that the person with the most votes for President is not qualified? We look to Sec. 3 of the 20th Amendment. It tells us what happens. If the President elect has failed to qualify, then the VP elect shall act as President… Now, read the rest of that Section. We would also need to see whether Congress has made any of the authorized laws providing for such contingencies.

So, under the Constitution as written, it is Congress’ job to make the call as to whether the President elect and the VP elect are qualified.

This is NOT an issue for the federal courts to decide. That is because this is a “political question” – not a “legal question”. The power to make the ruling as to whether the president elect or the VP elect are qualified has been delegated to CONGRESS. Traditionally, federal courts have “abstained” from deciding “political questions”.

We study this in our first year constitutional law class, when we study judicial “abstention” from certain kinds of cases including cases which involve “political questions” or the exercise of powers delegated to the Legislative or Executive branches. When a power is delegated to one of the “political branches” (Legislative or Executive), the federal courts (the “legal branch”) have traditionally declined to interfere and substitute their judgment for that of the “political branch” to which the Power was delegated.

And what if Congress gives an ineligible person a pass – as they did with obama? WELL THEN, SHAME ON US – BECAUSE WE ARE THE ONES WHO ELECTED THOSE IGNORANT COWARDS TO OFFICE!

 

National Popular Vote: Goodbye, Sweet America.

By Publius Huldah.

Our Constitution is under constant attack.¹   One of the most pernicious attacks is being waged by those who seek to override the constitutional provisions under which The States, as political entities, elect the President; and to replace it with a national popular vote (NPV) under which inhabitants of major metropolitan areas will choose the President.

What Form of Government Did We Create In Our Constitution?

Before you can see why it is so important that The States elect the President, and why the NPV is so execrable, you must understand how our “federal” government was structured and intended to operate. “Federal” actually referred to the form of the national government created in our Constitution, and to the division of powers between the national government and The States.

The “Federation” created by our Constitution is an alliance of independent and sovereign States associated together in a “confederation” with a national government to which is delegated authority over the States in specifically defined areas ONLY(national defense, international commerce & relations; and domestically, the creation of an uniform commercial system:  weights & measures, patents & copyrights, a monetary system based on gold & silver, bankruptcy laws, and mail delivery). Those enumerated powers are the only areas wherein the national government has lawful (constitutional) authority over The States.  In all other matters, the States retained supremacy, independence, and sovereignty. ²

So that The States – The Members of the Federation – could maintain their independence and sovereignty, ³ our Framers wrote these provisions into our Constitution:

• State Legislatures were to choose the two U.S. Senators for their State (Art. I, Sec. 3, cl. 1); and,
• The States, as separate political entities, were to elect the President (Art. II, Sec. 1, cls. 2 & 3).

The People were to elect only their Representatives to the House (Art. I, Sec. 2, cl.1).

James Madison, Father of Our Constitution, explains in Federalist No. 45 (7^th para), why this ensured that The States would maintain control over the national government:

The State governments may be regarded as constituent and essential parts of the federal government …Without the intervention of the State legislatures, the President of the United States cannot be elected at all. They must in all cases have a great share in his appointment, and will, perhaps, in most cases, of themselves determine it. The Senate will be elected absolutely and exclusively by the State legislatures. …Thus, each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments, and must consequently feel a dependence, which is much more likely to beget a disposition too obsequious than too overbearing towards them…[boldface mine] ⁴

State Legislatures Were To Choose The U.S. Senators!

So! The appointment of Senators by State Legislatures was to “secure the authority” of the State governments in the federal government, and to preserve “the sovereignty remaining in the individual States” (Federalist No. 62, 3^rd & 5^th paras).  ⁵

Federalist No. 62 goes on to show that another advantage of State Legislatures appointing U.S. Senators is

…the additional impediment it must prove against improper acts of legislation. No law or resolution can now be passed without the concurrence, first, of a majority of the people, and then, of a majority of the States … (6^th para) [boldface mine]

Do you see?  Since Representatives to the House were chosen by popular vote of the People, and U.S. Senators were to be chosen by the State Legislatures, no law could get passed by Congress unless it was approved by the People (via their Representatives) and by The States (via the State appointed U.S. Senators).

This is what our Framers gave us to protect us from a usurpatious Congress.

 “Electors” Appointed by States Were To Choose The President!

Article II, Sec. 1, cl. 2 provides that each State is to appoint, in such Manner as the State Legislature may direct, a Number of Electors equal to the total number of Senators and Representatives for that State. These Electors were supposed to be the ones who actually voted for President and Vice President!

Our Framers never intended for the President to be elected by popular vote. While they recognize in Our Declaration of Independence (2^nd para) that The People are the source of political authority, ⁶  they knew that all history demonstrates that The People lack the knowledge, wisdom and judgment to make wise choices when voting for politicians.

In Federalist No. 64 (3^rd & 4^th paras), ⁷ John Jay recognizes that People are ignorant and easily manipulated by small groups who take advantage of their “hopes and fears”, to steer them towards candidates favored by the small groups.

Accordingly, the Electors would be “select assemblies” “composed of the most enlightened and respectable citizens” who would vote for those men who were “the most distinguished by their abilities and virtue”. Furthermore, Electors would not likely “be deceived by those brilliant appearances of genius and patriotism” which “sometimes mislead as well as dazzle”.

In all of Federalist No. 68, Hamilton explains the wisdom of having specially selected Electors who were “most likely to possess…information and discernment” elect the President. He also warns of

… the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this, than by raising a creature of their own to the chief magistracy of the Union? … (5^th para)

and shows why specially selected Electors in each State could best protect us from such scheming foreign powers. ⁸

Now that we see why Our Framers provided that Electors from the Member States were to choose the President of The Federation, let us see how the voting was – and is – to be conducted.

The 12^th Amendment Establishes Procedures For Voting By Electors.

The long ignored 12^th Amendment (ratified 1804) sets forth binding procedures for taking and counting Electors’ votes. This is what it requires:

The Electors in each State are to meet and cast their votes for President; and then vote separately for Vice President.  Say a State has 13 Electors, and the voting goes like this:

For President:

Mr. Falconer – 6 votes

Mr. Lossie – 5 votes

Mr. Bell – 2 votes

For Vice President:

Mr. Cross – 5 votes

Mr. Duncan – 5 votes

Mr. Nichols – 3 votes.

The Electors sign and certify this list and send it to the President of the Senate. On the appointed day, and in front of a joint session of Congress, the President of the Senate counts the Electors’ votes from The Member States. The person with the greatest number of votes for President becomes the President (if he has a majority).  The person with the greatest number of votes for Vice President becomes the Vice President (if he has a majority). If one or both don’t have a majority – well, here’s a novel idea: read the Amendment to find out what happens.

THIS is how Our Constitution – which all those in the political process took SWORN OATHS to obey – requires the elections of President and Vice President to be conducted.

So! THE STATES, as political entities and as THE MEMBERS of the Federation, are the ones who were to choose the President. This is what our Framers gave us to protect us from a usurpatious President.  It also gave the smaller States a voice in the selection of President.

The Purpose Of Our Framers’ Two Gifts.

So!  Do you see?  The result of The State Legislatures choosing the U.S. Senators and controlling the election of the President would be that The States would be able to control the national government and keep it in line.

The 17^th Amendment.

But we threw one of Our Framers’ Gifts away when, in 1913, we foolishly ratified the 17^th Amendment and the popular election of U.S. Senators. This is how The States – The Members of the Federation – lost their representation in Congress and their control over that body.

And the Legislative Branch of the national government became a body for sale to campaign donors. U.S. Senators now answer to their campaign donors, not to their States.

Ignoring The 12^th Amendment.

We threw away Our Framer’s second Gift when we foolishly accepted a new system where national political parties handle the elections of President and Vice President. Thus, instead of being the small bodies of specially chosen wise and prudent men who actually made the selections; Electors became rubber stamps for the popular vote in their States. Instead of the Electors choosing the Vice President, party bosses – then party nominees – chose the “running mates”. Instead of the Electors’ votes being transmitted to the President of the Senate with the total votes listed for each person receiving votes, States began awarding all their “electoral votes” to the person who won the popular vote in their State.

This is how The States – The Members of the Federation – lost their control over the President.

The President became a person for sale to campaign donors. Presidents now answer to their donors, not to The Member States.  And the small groups and “foreign powers” who got the President elected call the shots.

How The National Popular Vote Will Work.

Here is the nefarious 888-word interstate compact. It is written in the bureaucratic style favored by those who seek to confuse, confound and conceal. Their Explanation of National Popular Vote Bill expressly discloses, however, that

Under the National Popular Vote bill, all of the state’s electoral votes would be awarded to the presidential candidate who receives the most popular votes in all 50 states and the District of Columbia.

In other words, if the popular vote in Virginia is for James Madison, but the total national popular vote favors Adolf Hitler, then all of Virginia’s 13 Electoral Votes are given to Adolf Hitler.

Indeed, the winner of the national popular vote will end up with all the electoral votes for every State.  Do you see?  And do not think that the winner will fail to claim a “Mandate” for whatever he wants to do.

The States Can’t lawfully Enter Into A Compact Which Violates The U.S. Constitution!

1. Every aspect of the NPV violates Art. II, Sec. 1, cl. 2 and the 12^th Amendment.  So it’s altogether unconstitutional. Compare the detailed procedures set forth in Our Constitution with the proposed NPV!  It sets up a method of electing the President and vice-President which is altogether repugnant to what Our Constitution requires.

2. Article V sets forth the exclusive methods of amending the Constitution. “Compact among the States” is not one of the authorized methods of amending the Constitution. So the NPV Compact also violates Article V.

3. Furthermore, Article I, Sec. 10, last clause, prohibits States from “enter[ing] into any Agreement or Compact with another State” “without the Consent of Congress”.  So, whether the NPV Compact also violates Art. I, Sec. 10, last clause, depends on whether Congress consents to it. But Congress may not lawfully consent to unconstitutional compacts of the States!

Under The National Popular Vote Scheme, Votes From Major Metropolitan Areas Will Decide Presidential Elections.

Most of the Population of these United States is located in a few major metropolitan areas. Under the NPV scheme, these major metropolitan areas would decide the elections for President!

Please look at this 3D map showing how these major metropolitan areas actually voted in the last presidential election: http://www.washingtonpost.com/wp-srv/politics/interactives/campaign08/election/uscounties.html

They all voted for Obama.

The NPV is not about “making every vote count”. The NPV is about guaranteeing that every future presidential election is won by the candidate which appeals to the urban mobs.

Who Is Behind This Plot To Impose The National Popular Vote?

The organizations who have endorsed the NPV  include four organizations (Common Cause, NAACP, Defenders of Wildlife Action Fund, and Public Citizen) which, according to this website, have received funding from George Soros and his Open Society Institute.

Our public school educated People are so woefully ignorant that they are incapable of making wise decisions in presidential (or senatorial) elections. Google ignorant stupid americans – you will get 65,000,000 hits.

This review of Historian Rick Shenkman’s book, “Just How Stupid Are We?”, points out that

…Only 2 of 5 voters can name the three branches of the federal government. And 49 percent of Americans think the president has the authority to suspend the Constitution ….

These are the ones who are manipulated to vote the Will of the few, and of the “foreign powers” Hamilton warned us about, who fund and control the hard left.

Oh, State Legislators! Awake! The progressive leftists behind the NPV want a national popular vote for the same two reasons that our Framers opposed having Presidents elected by popular vote.

What Should We Do?

Repeal the 17^th Amendment. We must henceforth elect to Congress only those who are committed to repealing the 17^th Amendment. This is the only way The States can regain control of Congress.

Return to the 12^th Amendment. We must dismantle the present unconstitutional and corrupt system and return to the method of electing the President and Vice President established in our Constitution. State Legislators could restore to their States right now the power to control the President! All States have to do is obey the 12^th Amendment! Also, specially chosen Electors are far more likely to choose good Presidents than are the ignorant masses which fill our major cities.

No State primaries. No national conventions. No expensive advertising which enriches liberal progressive TV networks, and excludes the man who is not wealthy. No tampered with voting machines. No cartoon characters or dead people voting. No Black Panthers intimidating white voters with impunity. No unconstitutional federal laws (e.g. McCain-Feingold) which unlawfully restrict political speech. No promises of future favors made by candidates to donors for campaign contributions. In short, the corruption which permeates our present system would be gone.

But in the meantime, even in its present perverted form, the “Electoral College” serves two important purposes. (1) It balances the influence of the heavily populated urban areas with the more sparsely populated rural areas (2) And it gives the smaller States a voice in the election of President. PH

Endnotes:

¹ E.g., those clamoring for a con con and the Balanced Budget Amendment, Ruth Bader Ginsberg, and other judges and politicians who despise Our Constitution.

² In Federalist No. 45 (9th para), Madison says,

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. [boldface added]

Yet anarchists who have infiltrated libertarian groups maliciously assert that Our Constitution is a “statist document”!

³ Alexander Hamilton warned that we must not permit the States to be merged into one national government.  In Federalist No. 32 (2nd para), he writes,

An entire consolidation of the States into one complete national sovereignty would imply an entire subordination of the parts; and whatever powers might remain in them, would be altogether dependent on the general will. But as the plan of the convention [the Constitution] aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, EXCLUSIVELY delegated to the United States…. [caps are Hamilton’s; boldface mine]

See also Federalist No. 39, 6th para (Madison).

And from Thomas Jefferson’s letter of Feb. 2, 1816 to Joseph C. Cabell (1^st para)

…the way to have good and safe government, is not to trust it all to one, but to divide it among the many, distributing to every one exactly the functions he is competent to. Let the national government be entrusted with the defence of the nation, and its foreign and federal relations; the State governments with the civil rights, laws, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself. It is by dividing and subdividing these republics from the great national one down through all its subordinations, until it ends in the administration of every man’s farm by himself; by placing under every one what his own eye may superintend, that all will be done for the best. What has destroyed liberty and the rights of man in every government which has ever existed under the sun? The generalizing and concentrating all cares and power into one body… [boldface mine]

⁴ See also Federalist No. 39 (4^th & 11^th paras) and Federalist No. 60 (3^rd para).

⁵ Federalist No. 62:

… on the appointment of senators by the State legislatures. Among the various modes which might have been devised for constituting this branch of the government, that which has been proposed…is recommended by … giving to the State governments such an agency in the formation of the federal government as must secure the authority of the former, and may form a convenient link between the two systems. (3^rd para at II) [boldface mine]

…the equal vote allowed to each State is …a constitutional recognition of the portion of sovereignty remaining in the individual States and an instrument for preserving that residuary sovereignty… [in order to guard] … against an improper consolidation of the States into one simple republic. (5^th para) [boldface mine]

⁶ As opposed to the State itself being the source of political authority, as with the Western European “divine right of  kings” model (which is based on a perversion of Scripture), and the German statists, such as Hegel and his progeny.

⁷ Federalist No. 64  (4^th para):

As the select assemblies [Electors] for choosing the President … will … be composed of the most enlightened and respectable citizens, there is reason to presume that their … votes will be directed to those men … who have become the most distinguished by their abilities and virtue. … the electors … will not be liable to be deceived by those brilliant appearances of genius and patriotism, which … sometimes mislead as well as dazzle. … it is fair to argue, that as an assembly of select electors possess …the means of extensive and accurate information relative to men and characters, so will their appointments bear at least equal marks of discretion and discernment…

⁸ Federalist No. 68:  If the appointment of the President depended on any preexisting body of men, they “might be tampered with beforehand to prostitute their votes” in favor of the foreign powers.  Accordingly,

… the people of each State shall choose a number of persons as electors, equal to the number of senators and representatives of such State in the national government, who shall assemble within the State, and vote for some fit person as President. Their votes, thus given, are to be transmitted to the seat of the national government…(7^th para) PH

February 9, 2012

Postscript Feb. 14, 2012:  In this article,  Phyllis Schlafly  of the National Eagle Forum takes a different approach in showing why the NPV is a BAD idea and basically dishonest.