The new legal memo would essentially allow for invalidating the elector’s votes in Pennsylvania, Georgia, Michigan and Wisconsin.
By TCP News Staff
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(TCP News) The case made by the Supreme Court was that Texas lacked “standing” in the suit that they filed. Two Reagan era lawyers compiled a memo stating that this is mistaken.
From The Western Journal:
In refusing to hear Texas v. Pennsylvania, the U.S. Supreme Court abdicated its constitutional duty to resolve a real and substantial controversy among states that was properly brought as an original action in that Court. As a result, the Court has come under intense criticism for having evaded the most important inter-state constitutional case brought to it in many decades, if not ever.
The Supreme Court has a duty to hear cases properly brought before it, and a duty to explain their decisions on said cases to We the People amongst others. According to William J. Olson & Patrick M. McSweeney, the two constitutional attorneys who wrote the memo, SCOTUS failed, and failed miserably to carry out these duties.
Article II Section I (in part):
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Founding Fathers wisely decided and decreed that electors would be appointed by the state legislature, there is no room for change or misinterpretation in this clause. No one outside the state’s legislative governing body has the legal (constitutional) authority to appoint in any way an elector for the votes submitted as part of the Electoral College. Yet that is exactly what some states did, namely the four swing states.
A STRATEGY exists to re-submit the Texas challenge under the Electors Clause to the Supreme Court in a way that even that Court could not dare refuse to consider. Just because Texas did not persuade the Justices that what happens in Pennsylvania hurts Texas does not mean that the United States of America could not persuade the justices that when Pennsylvania violates the U.S. Constitution, it harms the nation. Article III, § 2, cl. 2 confers original jurisdiction on the Supreme Court in any case suit brought by the United States against a state. Thus, the United States can and should file suit against Pennsylvania, Georgia, Michigan and Wisconsin. Like the Texas suit, that new suit would seek an order invalidating the appointment of the electors appointed by those four defendant States that refused to abide by the terms of the Presidential Electors Clause. That would leave it to the state legislatures in those four states to “appoint” electors — which is what the Constitution requires.
The central idea behind all of this is simple: these states in going outside constitutional law in the means by which they appointed their states electors – firstly violated the law. Secondly, the ramifications of these decisions does NOT remain only in the states that so decided to commit these injustices. Rather these un-constitutional decisions affect all of the U.S. as a whole. When states that Trump was wining by a large margin are suddenly being won by Biden, there is a problem. When the states electors were improperly chosen, there is a problem.
When those four States violated the Constitution by allowing electors who had not been appointed in the manner prescribed by the state legislature, the United States suffered an injury. Indeed, there could hardly have been a more significant injury to the nation than that which corrupted its Presidential election.
It is imperative that Trump immediately order the DoJ to file suit against Pennsylvania, Georgia, Michigan and Wisconsin – our freedom depends on it.