The Trump team has taken the all-important first step on the Rutherford Hayes Strategy to a Trump victory, which I wrote about and urged the electors in the right states to take.
Not only did the GOP electors in states with GOP-majority state legislatures of Pennsylvania, Michigan, Georgia, Arizona, and Wisconsin meet today, December 14, 2020, and vote for Trump in preparation for sending their envelope to the President of the Senate (Vice President Mike Pence), Nevada and New Mexico GOP electors did, too.
Art. II, Sec. 1, Clause 3 of the Constitution says, “The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.” Congress set the day on which the electors to vote as December 14, 2020. But Art. II, Sec. 1, Clause 2 says, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors . . .”
In 1876, amid allegations of Democrat corruption in several states, both the Republicans and Democrats sent elector slates to the Vice President of the Senate, causing a debate over which slate of electors, should be chosen from each state in controversy. Rutherford Hayes was the Republican that ultimately prevailed via this gambit after initially appearing to have lost the race to Democrat corruption.
Because Bush v. Gore (2000) and McPherson v. Blacker (1892) made it crystal clear that the state legislature has plenary power to pick its electors directly and to change the manner to direct selection after initially choosing popular vote, the slate that the Constitution will demand be counted will be the one the state legislature chooses in each state between now and January 6, the day Vice President Pence will open the envelopes from the state electors and count them. A current federal statute (3 U.S.C. 5-6) written to try to resolve future two-slate state dilemmas is in conflict with the Constitution and these two Supreme Court cases if the state legislature has chosen one of the slates. I predict the Constitution will win over the statute if it comes to that.
The fate of the nation now rests upon the shoulders of the right three GOP-controlled legislatures in Pennsylvania, Michigan, Georgia, Arizona, and Wisconsin. And now because of the action the electors have taken, and because of the mounting evidence of illegality and fraud in each of those states, the pressure is on them.
Remember that the Constitutional plenary power and duty of the legislatures to pick electors comes from the U.S. Constitution, it is supreme over state constitutions and statutes that limit the ability of state legislatures to convene on their own in other matters. The selection of electors is a federal Constitutional duty and no state constitutional or statutory prohibitions for self-convening on state matters applies.
See this video by Chapman constitutional law Professor John Eastman to the Georgia Senate on the plenary (i.e., full, entire, complete) power of state legislatures to pick electors and determine whether the people in their state who conducted the election did so in the manner in which they have directed via state law.
Here is a link to the email addresses of the GOP state legislators in those states.
The Texas electors, today, after casting their 38 votes for Trump, passed a resolution calling the state legislatures of PA, MI, GA, and WI to do the right thing and directly appoint the GOP electors from their states.
Tom Glass lives in Northwest Harris County. Click here to reach his email. He is also on Facebook as Tom G Glass. He leads a group called Texas Constitutional Enforcement which can be explored at its website or Facebook group. And given the recent Facebook censorship, there are now Texas Constitutional Enforcement groups on Texan owned and operated Freedom Lake and Blabbook, as well as MeWe and Wimkin.
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