Constitutional roadmap for conquering election fraud

Language of Liberty

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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: 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.

  1. The Constitutional framework governing federal elections and 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].
  • 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 choosing 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.
  1. The Statutory framework: At Title 3, US Code, §§ 1-21, 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:

  1. 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.
  1. Article II, §1, clause 4, US Constitution 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 providefor 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.

  1. 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.

  1. 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. 2If 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.

Endnotes:

1 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; …”

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.

To be concluded with Part II next week.

Publius Huldah is a retired litigation attorney. She now writes extensively on the U.S. Constitution. Read full article with footnotes and links at publiushuldah.wordpress.com.

The Language of Liberty series is an outreach project of Center for Self Governance to educate citizens in the principles of liberty.        

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