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Constitutional Plan II: State Legislatures’ Plenary Power re Electors.
GOP State Legislatures can call themselves into special sessions for the appointing of electors by a simple majority vote.
They do NOT need permission from their governors, nor a 2/3 vote.
CC @dougmastriano
GOP State Legislatures can call themselves into special sessions for the appointing of electors by a simple majority vote.
They do NOT need permission from their governors, nor a 2/3 vote.
CC @dougmastriano
State constitutional requirement requiring the acquiesce of governors, or a 2/3 vote, is preempted by US statutes & Supreme Court decisions.
1) Per McPherson v. Blacker (1893) & Bush v. Gore (2000), re their role in appointing electors, state legislatures have “plenary” power.
1) Per McPherson v. Blacker (1893) & Bush v. Gore (2000), re their role in appointing electors, state legislatures have “plenary” power.
2) Plenary = they have “absolute” authority, and it cannot be questioned.
3) This right has not been exercised since 1876 (Cf. my pinned thread).
4) In McPherson, SCOTUS held Article II constrains each state's capacity to limit its legislature's ability to appoint electors.
3) This right has not been exercised since 1876 (Cf. my pinned thread).
4) In McPherson, SCOTUS held Article II constrains each state's capacity to limit its legislature's ability to appoint electors.
5) In short, no state constitution’s law can abrogate or alter the State Legislatures power in appointing electors.
6) Because on deciding the manner of choosing electors, a state is NOT acting as a state body, but as a federal body.
6) Because on deciding the manner of choosing electors, a state is NOT acting as a state body, but as a federal body.
7) For example, the Pennsylvania State Legislature, via Zoom, could reintroduce their Joint-Resolution and take a vote tonight rejecting their state’s certified results as “corrupted” (as they have in a open letter to the US Congress) and immediately appoint Trump loyal electors.
8) These Electors would meet in the US Capitol to vote on December 14th (or later, as the deadline is not fixed when a state is contested, per 3 U.S. Code § 2: “electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.”
9) Their votes (a slate) would be sealed and transported to the President of the Senate.
10) On January 6th, they're counted by the Prez of the Senate (See pinned thread).
11) Sadly, few State Legislators know this. However, Prof. Eastman spoke on it during the GA hearings.
10) On January 6th, they're counted by the Prez of the Senate (See pinned thread).
11) Sadly, few State Legislators know this. However, Prof. Eastman spoke on it during the GA hearings.
So, what to do? Call/Email each State Senator/Rep (each day) and inform/remind them, they do not “need” their Governors, that they can convene themselves to appoint electors. DO NOT LET THEM SAY TO YOU THEY CAN’T!
Explain passionately, but politely, what they can do.
Explain passionately, but politely, what they can do.
In summary, SLs may convene themselves and bypass Ducey, Kemp and Wolf.
And yes, contact them if your from out of state. Why? Because this is not a “state” issue, it's a "federal" issue.
Here, state legislators are acting in a federal capacity - tell them!
Hold the line.
And yes, contact them if your from out of state. Why? Because this is not a “state” issue, it's a "federal" issue.
Here, state legislators are acting in a federal capacity - tell them!
Hold the line.
