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; 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”.
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.
Accordingly, Sections 5 and 15 of the Electoral Count Act (3 USC §§1-21), are unconstitutional to the extent they purport to:
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.
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.
Publius Huldah is a retired litigation attorney. She now writes extensively on the U.S. Constitution. Read full article with footnotes and links at RenewAmerica.com
The Language of Liberty series is an outreach project of Center for Self Governance to educate citizens in the principles of liberty. The views expressed by authors are their own and may not reflect the views of CSG.