So to catch you up, a lefty made the assertion that:
I still haven’t seen any proof of the 2020 election being stolen. All I’ve seen is unproven, anecdotal talking points.
Someone else came in and said:
I support Desantis too, but let’s not overdo it. The laws that were illegally changed, drop boxes, illegal ballot harvesting, ballot dumps. Yes, it has all happened and documented.
The original lefty then said:
The drop boxes were legal. The laws were changed based on emergency protocols dictated by the Trump administration. Yet nobody (including Trump’s attorneys) have been able to prove to me that there was real mass voter fraud, & every one of them have come out & said there wasn’t & admitted they LIED.
That’s where I felt the need to jump in:
Article II, Section 1, Clause 2 of the U.S. Constitution: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.” The legislature- no one else. Any other means is not legal. There is nothing there about “emergencies”
The moron lefty then says that the use of the word ‘may’ in the phrase “as the Legislature may direct” means that other agencies of the government can change the rules for selecting electors as they see fit.
The Election Clauses found in Articles I and II of the United States Constitution limit the authority of state administrative agents to develop rules for federal elections — both congressional and presidential. These two Clauses prohibit non-legislative agents from adding to, changing, or contradicting legislatively enacted rules. The Clauses leave some room for non-legislative agents, but only if a State Legislature has clearly delegated regulatory power to them.
(Brown, 2008)
Or you can try this one:
Article II’s Presidential Electors Clause, however, confer authority to regulate federal elections specifically upon State “legislatures,” rather than granting it to States as a whole. An intratextual analysis of the Constitution reveals that the term “legislature” is best understood as referring solely to the entity within each state comprised of representatives that has the general authority to pass laws.
(Morley, 2015)
Then there are also SCOTUS cases, including McPherson v. Blacker, where the court ruled that a state’s legislature may delegate its authority to select Presidential electors, but must do so through a legislative act. Before that case, most state legislatures selected their Presidential electors directly.
In short, there are administrative agencies that can select electors, but the procedure must be done in accordance with the instructions and limitations put in place by that state’s legislature. There are no states that I am aware of that permitted the use of unstaffed drop boxes, or those maintained by third parties. The fact that election committees carried out policies and procedures without following the direction of the legislatures means that any votes cast by those rules are unconstitutional.
Of course, we will never know because not one case arising from the 2020 election was decided on evidence or merit, because every one of them was dismissed on procedural grounds.
I can guarantee you that the next election will face similar shenanigans. It’s as if there is a nationwide conspiracy that is taking its direction from a central committee. There is no reason at this point to believe that the events and shenanigans from the last election will be any different.
So to those of you on the right who are busy arguing over whether Trump or DeSantis would be the better candidate- do you really think that it will matter, knowing that the left will ensure a win for their candidate no matter what?
References:
- Brown, Mark R., Structural Limitations on the Non-Legislative Regulations of Federal Elections (August 1, 2008). 7 Dartmouth L. J. 260 (2009), Available at SSRN: https://ssrn.com/abstract=2264987
- McPherson v. Blacker, 146 U.S. 1 (1892)
- Michael T. Morley, The Intratextual Independent “Legislature” and the Elections Clause, 109 Nw. U. L. Rev. 847 (2015). https://scholarlycommons.law.northwestern.edu/nulr/vol109/iss3/10
