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, federal election of 2020, free and fair elections, Kamala Harris, Mail-in voting, stop the steal, Times Places and Manner clause | , , , , , , , , , , , | 31 Comments

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 20th 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 12th 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. !

January 3, 2021 Posted by | Article I Sec. 4, Article II Sec. 1, derelection of duty, Election of President, Elections Clause, Electoral College, Electors, federal election of 2020, republican form of government, Rule of Law, stop the steal, William Barr | , , , , , , , , , , | 29 Comments

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.

 

 

December 24, 2020 Posted by | Article I Sec. 4, Article IV, Sec. 4, Election of President, Elections Clause, Electoral College, Electors, federal election of 2020, Insurrection Act, Militia, Presidential Electors, republican form of government, Times Places and Manner clause | , , , , , , , , , | 33 Comments

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 12th 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 20th 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 20th 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 20th 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 12th 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]

December 5, 2020 Posted by | 12th Amendment, 20th amendment, Article I Sec. 4, Article II Sec. 1, Article II, Sec. 4, Article IV, Sec. 4, Election of President, Elections Clause, Electoral College, Electors, federal election of 2020, Kamala Harris, republican form of government | , , , , , , , , , , , , , , , , , , , , , , | 59 Comments

What can we do to get a reasonably honest election?

By Publius Huldah

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

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

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

1. What does Congress have constitutional authority to do?

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

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

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

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

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

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

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

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

We used to do it this way.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. What must State Governments do?

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

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

Endnote:

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

 

October 15, 2020 Posted by | 12th Amendment, Andino v. Middleton, Article I Sec. 4, Article II Sec. 1, Elections Clause, federal election of 2020, federal judges, Mail-in voting, Nullification, political questions | , , , , , , , , | 34 Comments

Mail-in voting? A “political question” which only State Legislatures and Congress may decide

By Publius Huldah

It has become obvious that one of the purposes of the COVID-19 scam is to bring about unrestricted mail-in voting in the toss-up and Red States so that the upcoming presidential election can be stolen by the Left for the senile Joe Biden and his constitutionally ineligible running mate, Kamala Harris.

On September 9, 2020, the Left achieved their goal for the Red State of Tennessee – unless the Tennessee State government enforces the US Constitution and rejects the federal judge’s unconstitutional order.

1. The absurd Order from the US District Court, Middle District of Tennessee

The Tennessee Code permits mail-in voting for certain categories of people [Tenn. Code § 2-6-201]; but requires those who register by mail to appear in person at the official place of voting and bring proof of identity when they vote for the first time [Tenn. Code § 2-2-115 (b) (7)].

Our elections are already tainted by the “ghost voters” described in Deroy Murdock’s article (published 2017) [here]. Murdock showed that throughout the United States, over 3.5 million persons who didn’t exist were registered to vote. But that number wasn’t sufficient to elect Hillary Clinton; so the Left needs more ghost voters. With mail-in voter registration, dead people can be registered to vote; and with unrestricted mail-in voting, those dead people can vote forever.

The Plaintiffs in this action claim to be distressed about the statutory requirement that first-time voters (who registered by mail) appear in person to vote because it forces them to choose between their “health” [they might catch COVID-19 if they go to the polls] and their right to vote. 1

On September 9, 2020, federal judge Eli Richardson issued a preliminary injunction which has the effect of setting aside, for the upcoming presidential election, the statutory requirement – established by the Tennessee Legislature – that persons who registered by mail, show up in person the first time they vote.

Here is Richardson’s 29 page Order.

So let’s cut 29 pages of bunk down to its essence: Richardson ruled that the Tennessee Legislature’s requirement that the first-time voters (who registered by mail) physically appear at the polls, imposes a “moderate burden” on voting rights; and the State failed to show the Court that Tennessee has a “legitimate state interest” to justify that burden. 2

Even worse: Throughout his Order, Richardson writes repeatedly [some 20 times] of Plaintiffs’ “First Amendment right to vote”; and says at the end of para 31 of his Order,

“…it is likely that Plaintiffs will prevail on their claim that the first-time voter requirement violates the First Amendment right to vote…”

But the First Amendment makes no mention of a “right to vote”. 3 Furthermore, in footnote 22 of his Order, the Judge says:

“In a prior order, the Court declined to address any suggestion that there is no First Amendment right to vote, for any purposes at all, by mail in particular… The Court was well aware that McDonald supports such a suggestion, but the Court simply did not need to opine on that matter. The Court likewise does not need to do so here…”

What? The Judge declined to address whether or not a First Amendment right to vote actually exists even though he has already determined that Plaintiffs are likely to prevail on their claim that the requirement that first-time voters (who registered by mail) show up in person to vote “violates the First Amendment right to vote”!

2. Why do Plaintiffs and the Judge repeatedly speak of a “First Amendment right to vote”, when the Judge isn’t prepared to say that such a right even exists?

They may be aware that the federal court has no jurisdiction over this case; but are attempting to fake it by claiming that the case “arises under the Constitution” via the First Amendment.4

The judicial power of the federal courts is limited to those few categories of cases enumerated at Article III, §2, clause 1, US Constitution. Not one of the categories invests the federal court with jurisdiction over this case. This case can’t be said to “arise under the Constitution” because there is no “right to vote” in the US Constitution; and the remaining categories listed in Article III, §2 are clearly inapplicable.

So it appears that Plaintiffs have fabricated a mythical “First Amendment right to vote” in order to provide a pretext for the federal court to exercise jurisdiction in this case – and that the federal judge let them get away with it.

3. Article I, §2, clause 1, US Constitution, negates the absurd claim that there exists a federal constitutional right to vote.

At Article I, §2, cl. 1, the States expressly retained their pre-existing power to determine the qualifications of voters:

“The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.” [italics added]

Accordingly, those who are eligible to vote for Representatives to their State Legislature are the ones eligible to vote for Members of the federal House of Representatives. 5

With four later Amendments, the States agreed that they would not deny eligibility to vote to Citizens on account of race (15th Amendment), sex (19th Amendment), failure to pay a tax (24th Amendment), and for those 18 years of age or older on account of age (26th Amendment). It is important to note that these four amendments do not grant the “right” to vote to the persons described in the Amendments – merely that the suffrage will not be denied to those persons on account of their race, sex, etc.

So the States retained their original authority to set whatever qualifications for voting they deem appropriate, subject to their agreement that they would not deny suffrage on account of a Citizen’s being in one of those four categories.

So there is no “right to vote” set forth in the US Constitution. To the contrary, voting is a privilege granted or denied on the basis of whether applicants meet the qualifications for voting set forth within their State Constitution. 6

4. What does our Constitution say about how the President and Vice President are to be elected?

Article II, §1, cl. 2 and the 12th Amendment set forth the procedures for electing President and Vice President. Those procedures are described here under the subheadings, “Electors appointed by States were to choose the President” and “The 12th Amendment establishes procedures for voting by Electors”.

Our current procedures bear no resemblance to the Constitutional requirements. 7 It’s too late to obey the Constitution for the upcoming presidential election; so let’s see what our Constitution says about the federal elections to Congress.

5. US Constitution: the “times, places and manner” clause

Pursuant to Article I, §4, clause 1, State Legislatures have the power to prescribe the Times, Places and Manner of holding Elections for US Representatives 8 and US Senators.9

This clause also provides that Congress may make laws which override such State laws.

So the power to determine the time, place and manner of holding such federal elections is delegated exclusively to the Legislative Branches of the State and federal governments.

It is up to the State Legislatures to decide which “burdens” are appropriate with respect to the place of voting – with Congress having power to override what a State Legislature decides. The Judicial Branches of the state and federal governments may not substitute their views as to which “burdens” are appropriate and which are not. These are “political questions” granted to the Legislative Branches to decide; and the Judicial Branches – state and federal – may not lawfully interfere. 10

It is clear that “manner of voting” includes such matters as a requirement of personal presence at the place of voting. This is what our Framers contemplated, as shown by their words quoted in footnote 8 below. When a State legislature decides that personal presence is required – that decision can be overturned only by Congress.

So Judge Richardson’s view that the Tennessee Legislature doesn’t have a good reason for requiring first time voters (who registered by mail) to vote in person and present ID is irrelevant, and his Order is ultra vires.

6. What is the State’s remedy against the unlawful Court order?

So! You have seen that determining the “place and manner of voting” is a political power delegated exclusively to the State and federal Legislatures. It is thus a “political question”; and the federal [and state] Judicial Branches may not substitute their views for those of the Legislative Branches.

And since there is no “right to vote” contained in the US Constitution, the Federal District Court has no jurisdiction over this case. This case doesn’t “arise under the Constitution” or fit within any of the other categories of cases enumerated at Article III, §2, cl.1, US Constitution.

So the pretended Order of September 9, 2020, is ultra vires and lawless, and the State of Tennessee has no obligation to obey it.

The duty of the elected and appointed State and local officials is to obey the US Constitution. When the dictates of a federal [or State] judge contradict the Constitution, State officials must side with the Constitution and against the judge. 11

And what will happen if the State of Tennessee refuses to comply with the Judge’s order? The Judge can’t enforce his Order. He has to depend on the Executive Branch of the federal government to enforce it. 12 Do you believe that President Trump will send in federal troops to force the State of Tennessee to comply with Judge Richardson’s ultra vires Order?

Note:  In addition to the Offices of President & Vice-President, many other offices will also be on the Ballot:  the entire US House of Representatives is up for grabs.  So is the House in the State Legislatures all over the Country.  1/3 of the US Senate will be on the ballot; and a proportional number of Senate Seats on State Legislatures throughout the Country will be on the ballot.

EVERY REPUBLICAN LEGISLATOR NEEDS TO UNDERSTAND:  Your Seat is likely to be stolen in this upcoming election.

So you better wake up and get your State Legislature to smack down the federal & state judges who are assisting the Left in stealing your Seat.  And if Congress doesn’t act, they will lose control of the Senate and most likely every seat in the House.

Why should the Left stop with stealing only the Presidential election when they can also steal YOUR seat?

Endnotes:

1 How do they get their groceries?

2 Order at paras 29 – 31.

3 The First Amendment says,

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The First Amendment is a limitation on Congress’ powers to make laws – it doesn’t grant a “right” to vote!

4 In Federalist No. 80 (2nd para), Hamilton states that cases “arising under the Constitution” concern

“…the execution of the provisions expressly contained in the articles of Union [the US Constitution]…” [boldface added].

In the 3rd & 13th paras, Hamilton illustrates what “arising under the Constitution” means: He points to the restrictions on the power of the States listed at Art. I, §10 and shows that if a State exercises any of those powers, and the fed. gov’t sues the State, the federal courts have authority to hear the case.

5 The 17th Amendment [ratified 1913] provides that those who are eligible to vote for Representatives to the US House are eligible to vote for US Senators.

6 With the National Voter Registration Act of 1993, Congress usurped the retained power of the States to set and enforce eligibility standards for voting. In a series of 3 papers, the last of which is here, I show how the assertions about The Federalist Papers made by the 9th US Circuit Court of Appeals and the Supreme Court, in their attempts to justify their unconstitutional judgments, are false.

7 Our disregard of these constitutional provisions doubtless contributed to the creation of the current chaos.

8 Our Framers told us what “times”, “places” and “manner” mean:

In Federalist No. 61 (4th & 5th paras), Alexander Hamilton shows that “Time” refers to when elections are held. He explains that under the Articles of Confederation [our 1st Constitution], States had been conducting elections from March to November; and that uniformity in the time of elections is necessary “for conveniently assembling the [federal] legislature at a stated period in each year”.

“Place”: Hamilton also points out that the suffrages of citizens living in certain parts of the States could be defeated by restricting the place of election for Representatives in the House to “an INCONVENIENT DISTANCE from the elector” (2nd para). [caps are Hamilton’s].

“Manner” of holding Elections refers to such things as paper ballots or show of hands, the place of voting, and whether the States will be divided into congressional districts for purposes of electing Representatives. James Madison discusses the “Manner” of holding Elections in The Records of the Federal Convention of 1787, vol. 2, August 9, 1787:

“Mr. Madison: … the Legislatures of the States ought not to have the uncontrouled right of regulating the times places & manner of holding elections. These were words of great latitude. It was impossible to foresee all the abuses that might be made of the discretionary power. Whether the electors should vote by ballot or vivâ voce, should assemble at this place or that place; should be divided into districts or all meet at one place, shd all vote for all the representatives; or all in a district vote for a number allotted to the district; these & many other points would depend on the Legislatures and might materially affect the appointments …. what danger could there be in giving a controuling power to the Natl. Legislature? Of whom was it to consist? 1. of a Senate to be chosen by the State Legislatures … 2. of Representatives elected by the same people who elect the State Legislatures…” [emphasis added]

Rufus King in the Massachusetts Convention said in The Records of the Federal Convention of 1787, vol. 3, January 21, 1788:

“Hon. Mr. King rose … It was to be observed, he said, that in the Constitution of Massachusetts, and other States, the manner and place of elections were provided for; the manner was by ballot, and the places towns; for, said he, we happened to settle originally in townships…” [emphasis added]

9 When Art. I, §4, cl. 1 was drafted, the State Legislatures were to choose the State’s Senators to the US Congress – so the “place” of choosing the US Senators would be wherever the Legislature met. With ratification of the 17th Amendment, Congress gained oversight over State laws addressing the “place” of election of US Senators.

10 In Marbury v. Madison [link], decided 1803, the Supreme Court explained the concept of “political powers” and that the manner in which political powers are exercised is beyond the reach of the courts:

“By the Constitution of the United States, the President is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character and to his own conscience. …whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political. They respect the nation, not individual rights, and, being entrusted to the Executive, the decision of the Executive is conclusive … [and] can never be examinable by the Courts.”

Marbury addresses the political powers exercised by the President. That same deference to the exercise of political powers has long been extended to the acts of the other political branch, Congress. Where the Constitution grants a political power to Congress, the manner in which Congress exercises the discretion is also beyond the reach of the Courts. So, for example, if Congress were to exercise the power granted to it by Article I, § 4, clause 1, to make a law banning mail-in voting; its action can never be examined by the Courts – the Courts may not substitute their views for those of Congress.

11 Marbury v. Madison also stands for the Great Principle that when an Act of one branch of government violates the Constitution, the other Branches must obey the Constitution and not the unlawful Act.

12 Alexander Hamilton made this same point over 200 years ago – see Federalist No. 78 (6th para). If law schools had made The Federalist Papers required reading, our Country wouldn’t now be in such a mess.

September 20, 2020 Posted by | 12th Amendment, 1st Amendment, Article I Sec. 4, COVID-19 scam, dead voters, Elections Clause, Eli Richardson, federal election of 2020, ghost voters, Joe Biden, Kamala Harris, mail-in voter registration, Mail-in voting, Nullification, political questions, Red States, Times Places and Manner clause, Toss-up states, US District Court Middle District of Tennessee, voter registration | , , , , , , , , , , , , , , , , , , , , | 35 Comments

Why the States must Nullify the National Voter Registration Act Now!

By Publius Huldah

From the earliest days of our Republic, 1 some years before our federal Constitution of 1787 was ratified; 2 the Citizens of the States determined the qualifications for voting, and memorialized these qualifications in their State Constitutions. In keeping with this hallowed practice, the Citizens of North Carolina recently amended Article VI of their State Constitution to add to the Qualifications for voting the requirement that persons voting in person present a photo ID [link].

But lawsuits have been filed in federal court objecting to the photo ID’s; and the judge on one of them, U.S. District Judge Loretta Biggs [Mid. Dist. North Carolina], has announced that she will issue a preliminary injunction against the requirement that voters present a photo ID. North Carolina election officials scurried to comply with Judge Biggs’ announcement; and Republican politicians called for an appeal [link].

The purpose of this paper is to show a better way to proceed – to show how North Carolina can enforce the US Constitution and the qualifications for voting set forth in its State Constitution.

We begin by looking at what our federal Constitution says about qualifications of voters.

1. Our federal Constitution enshrines the pre-existing practice where States set the qualifications for voters

In our federal Constitution of 1787, the States expressly retained their pre-existing power to determine the qualifications of voters: Article I, §2, cl. 1, US Constit., says,

“The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.” [italics added]

So! Under our federal Constitution, those who are eligible to vote for Representatives to their State Legislature are, by definition, the ones eligible to vote for Members of the federal House of Representatives.

The 17th Amendment [ratified 1913] provided that those who were eligible to vote for Representatives to the US House would also be eligible to vote for the US Senators.

With four later amendments, the States decided that they would not deny eligibility to vote to Citizens on account of race (15th Amendment), sex (19th Amendment), failure to pay taxes (24th Amendment), and for those 18 years of age or older on account of age (26th Amendment).

So the States have retained their original authority to set whatever qualifications for voting they deem appropriate, subject to their agreement (with each other) that they would not deny suffrage on account of a Citizen’s being in one of those four categories.

2. Voting fraud

But today, we all know that, due to the federal government’s long continuing refusal 3 to control immigration 4 and protect the States from Invasion,5 illegal aliens are flooding into our Country. In at least 15 States, illegals may get drivers’ licenses [link] [link]; and with California’s “motor voter law”, illegals are automatically registered to vote when they get a drivers’ license! 6

Furthermore, there are Precincts in this Country where well over 100% of the registered voters turn out to vote [link]! This Georgia Precinct had a 243% voter turnout!

Our elections are also corrupted by the “ghost voters” described in Deroy Murdock’s article [here]. Murdock shows that throughout the United States, over 3.5 million persons who don’t exist are registered to vote. For North Carolina, Murdock finds 189,721 ghost voters. Virginia has 89,979 ghost voters. But that’s a pittance compared to California which “is a veritable haunted house, teeming with 1,736,556 ghost voters.”

When you add California’s 1,736,556 ghost voters to the illegal aliens who also vote there (thanks to “Motor Voter”)7 and understand that this problem is nation-wide; who can deny that the States need to man-up and clean up their corrupt voting systems? The federal government has no constitutional authority to clean up the voting rolls; 8 but the States have the inherent and retained duty and power to do so.

By requiring photo IDs, the Citizens of North Carolina have taken a first step towards getting rid of some of those 189,721 ghosts, plus the illegals, who corrupt elections within their State.

3. The Federal Government has usurped the States’ expressly retained power to set qualifications for Voters

In 1993, Congress passed the National Voter Registration Act (NVRA) [link], wherein they unlawfully seized power to dictate voter registration procedures (for federal elections) for the entire Country.

By dictating the registration procedures each State must use, and by mandating the voter registration form [the “federal form”] each State must use when registering voters; the NVRA stripped the States of their power to determine whether voters in their State meet the qualifications for voting set forth within their State Constitutions. It thus prohibits the States from enforcing the qualifications for voting set forth in their State Constitutions! 9

This is shown by what happened in Arizona:

The Constitution of the State of Arizona restricts voting to Citizens. During 2004, the People of Arizona (which had been overrun with illegal aliens) adopted an initiative (Proposition 200) which required those in Arizona who apply to register to vote, to provide documentary proof of citizenship.  But a lawsuit was filed in federal court; and the Ninth US Circuit Court of Appeals ruled that since the National Voter Registration Act of 1993 doesn’t require applicants for voter registration to provide documentary proof of citizenship, the States may not require it.

Thereafter, in Arizona v. The Inter Tribal Council of Arizona, Inc. (2013), the US Supreme Court affirmed the Ninth Circuit’s opinion [link].

I wrote about the Ninth Circuit’s opinion [here] and the Supreme Court’s opinion [here]. Both opinions are monuments to judicial incompetence – or worse. The assertions made by the Courts in their attempts to justify their unconstitutional judgments are demonstratively false. The majority opinion of the Supreme Court is also logically incoherent.

But here we are: The Supreme Court has held that since the federally mandated voter registration form doesn’t require that persons registering to vote provide proof of citizenship, the States may not require it. What this means, in practice, is that the States must register anyone who fills out the federal form.

4. So where does this leave North Carolina?

The federal voter registration form may be seen (in 15 different languages) [here].

The federal form doesn’t require applicants for registration to provide a photo ID. Therefore, consistent with Arizona v. The Inter Tribal Council of Arizona, Inc., North Carolina may not require applicants for registration to provide a photo ID.

May North Carolina require voters to present a photo ID when they show up to vote? The Supreme Court hasn’t directly addressed this; 10 but consider that since the federal government requires the States to register anyone who fills out the federal form, why would the feds permit the States to deny exercise of the suffrage to any name which is “registered”?

We already know how U.S. District Judge Loretta Biggs is going to rule – and her ruling is consistent with the Supreme Court’s lawless holding in Arizona v. The Inter Tribal Council of Arizona, Inc.

5. Are There any Men in North Carolina?

The 7th paragraph of our Declaration of Independence recites how the Colonists opposed with manly firmness the King’s invasions on the rights of the people.
Are there any politicians in North Carolina today who will oppose the federal government’s invasions on the rights of the Citizens of North Carolina to set and enforce requirements for voting within their State?

A State Attorney General with brains and a spine would inform the federal judge that North Carolina won’t participate in the litigation; that she may issue all the Orders and Judgments she wants – North Carolina will ignore them – because (if she obeys the Supreme Court instead of the federal and State Constitutions) her Orders and Judgments will be void as in violation of Article I, §2, clause 1, US Constitution; and as in violation of the Sovereign Rights of North Carolina to enforce their own Constitution respecting voter qualifications.

What could a federal judge do about such a principled response from North Carolina? She has no Army. She has no power to enforce her judgments. She has to depend on the Executive Branch of the Federal government to enforce her judgments.11

So we would find out whether Trump actually means it when he says he wants honest elections, or whether he is just another fake “conservative”. If he is a fake, he will send in the National Guard to enforce the Judge’s unconstitutional judgment. But if Trump lives up to his words about the need for honest elections [link]; then he will refuse to send in the National Guard to enforce the unconstitutional Judgment; and North Carolina will have won the Battle and set a noble example for other States to follow.

6. Conclusion

The Deep State which controls the federal government doesn’t want elections cleaned up – they need dirty elections to get their henchmen in office. So they have embarked upon a course of action (such as the NVRA) to try to prevent the States from cleaning up elections. So, for Heaven’s Sake! Man up and resist! Our Framers always advised the States to resist unconstitutional acts of the federal government [link] [link]! We will never get honest elections unless the States man up and reclaim their rightful authority over their own voter rolls. Do it before you lose the political power to do it.

Endnotes:

1 From 1778 to 1789, we operated under our first federal Constitution, the Articles of Confederation [link].

2 Our present federal Constitution was ratified on June 21, 1788 [link].

3 Both political parties have embraced the Globalists’ open borders policy – both parties have failed to secure our Borders.

4 Art. I, §9, cl. 1, US Constit., delegates to Congress as of January 1, 1808, the power to control immigration.

5Art. IV, §4, US Constit., requires the federal government to protect each of the States against Invasion.

6 During 2013, California passed a law which permits illegal aliens to get drivers’ licenses [link]; and during 2015, consistent with the unconstitutional National Voter Registration Act, passed “Motor Voter” providing that when one gets a drivers’ license, one is automatically registered to vote [link].

7 So with a “National Popular Vote” for President, or to ratify a new Constitution (if the mode of ratification for the new Constitution is a national referendum), it would be easy to steal the outcome! Illegal aliens and “ghost voters” in California alone would determine the outcome for the entire Country.

8 President Trump’s Executive Order 13799 of May 11, 2017, which purported to establish a “Presidential Advisory Commission on Election Integrity” [link], is unconstitutional as outside the scope of powers delegated to the federal government.

9 Justice Thomas understands this: Until the federal government usurped power over this issue, the States always determined their own procedures for registration of those who were, pursuant to their State Constitution, qualified to vote. The function of registration of voters is so that the States may determine whether the qualifications for voting set forth in their State Constitution have been met! Justice Thomas points out in his dissent in Arizona v. The Inter Tribal Council of Arizona, Inc. at II. A. 2:

“This understanding of Article I, §2, is consistent with powers enjoyed by the States at the founding. For instance, ownership of real or personal property was a common prerequisite to voting … To verify that this qualification was satisfied, States might look to proof of tax payments… In other instances, States relied on personal knowledge of fellow citizens to verify voter eligibility. . . States have always had the power to ensure that only those qualified under state law to cast ballots exercised the franchise.

Perhaps in part because many requirements (such as property ownership or taxpayer status) were independently documented and verifiable, States in 1789 did not generally “register” voters . . . Over time, States replaced their informal systems for determining eligibility, with more formalized pre-voting registration regimes. . . But modern voter registration serves the same basic purpose as the practices used by States in the Colonies and early Federal Republic. The fact that States have liberalized voting qualifications and streamlined the verification process through registration does not alter the basic fact that States possess broad authority to set voter qualifications and to verify that they are met.” [italics added].

10 In the Supreme Court’s majority opinion [link], Scalia mentioned (4th para down from top) that Arizona’s Proposition 200 also required voters “to present identification when they vote on election day”; but he did not grace us with an answer as to whether States may require voters to prove that they are who they say they are when they show up to vote.

11 As Alexander Hamilton points out in Federalist No. 78, the Judicial Branch is the weakest branch. All they can do is issue orders and judgments – they can’t enforce their orders and judgments. They must rely on the Executive Branch to carry them out:

“… the judiciary… will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. 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; italics added]

February 27, 2020 Posted by | Arizona Lawsuit, Arizona's Proposition 200, federal election of 2020, National Voter Registration Act, Nullification, Voter eligibility, Voter Qualifications | , , , , | 20 Comments

   

%d bloggers like this: