T
TMC
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That is what everyone wants. I see no evidence that is not what we are getting.I want an honest and clean election.Not a fraudulent one that is playing out with brazen actions before our eyes.
That is what everyone wants. I see no evidence that is not what we are getting.I want an honest and clean election.Not a fraudulent one that is playing out with brazen actions before our eyes.
The US SC chose not to intervene. But that’s it, one cannot read anything more into that because they did not kill the petition. All they did was decline to expedite the hearing. That’s it, the petition is still very much open.It had nothing to do with the U.S. Constitution, it was a state supreme court making a decision about the state constitution. SCOTUS doesn’t intervene in these cases, and won’t overturn the state court’s decision if it makes it back to them.
US Constitution Article 2, section 1, clause 2 says:The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.
These clauses are very specific regarding the delegation to the state legislatures. So specific that the US SC will have to hear the petition to decide whether said delegation can be extended to the state courts.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.
SCOTUS gives the final word on state constitutions to the state courts. The U.S. Constitution gives authority over the election to the Pennsylvania legislature. The legislature set the date, but the legislature also ratified the state constitution. The constitution includes a provision about elections, and the state court interpreted that to allow for an extension of the dates for ballot accepting. As I said, if this makes it back to SCOTUS they won’t overturn the state’s constitution, which was written and amended by the legislature.These clauses are very specific regarding the delegation to the state legislatures . So specific that the US SC will have to hear the petition to decide whether said delegation can be extended to the state courts .
To be clear, that petition has nothing to do with what is happening now. The petition was about how many days after election day a mail-in ballot can be received and counted (and under what circumstances). There is no legal argument against counting the ballots currently being counted, and no chance any court will say that they should not be counted.The US SC chose not to intervene. But that’s it, one cannot read anything more into that because they did not kill the petition. All they did was decline to expedite the hearing. That’s it, the petition is still very much open.
But if a state court overrides the state legislature in direct contradiction to the wording of the US Constitution, what then? That’s the issue that has to be determined at the US SC level. You cannot simply rub your hands and say abracadabra the issue is moot because of the delegation to the state courts. Not when it comes in apparent conflict with the US Constitution.SCOTUS gives the final word on state constitutions to the state courts. The U.S. Constitution gives authority over the election to the Pennsylvania legislature. The legislature set the date, but the legislature also ratified the state constitution. The constitution includes a provision about elections, and the state court interpreted that to allow for an extension of the dates for ballot accepting. As I said, if this makes it back to SCOTUS they won’t overturn the state’s constitution, which was written and amended by the legislature.
There is a legal argument to be had about whether a state court can override a state legislature in apparent conflict with the US Constitution’s specific delegation to the state legislatures. Which presumably reflect the will of the people a bit more closely than do the courts.To be clear, that petition has nothing to do with what is happening now. The petition was about how many days after election day a mail-in ballot can be received and counted (and under what circumstances). There is no legal argument against counting the ballots currently being counted, and no chance any court will say that they should not be counted.
If there’s a violation of the U.S. constitution SCOTUS will intervene. There was no violation of the constitution here, the legislature set the rules for the election.But if a state court overrides the state legislature in direct contradiction to the wording of the US Constitution, what then?
The legislature wrote the election laws and the state constitution’s election provisions. SCOTUS gives final word on state constitutions to state courts.In other words, who writes the laws?
Yes, that is the conflict, but not just over who writes the laws, but also over who interprets the laws, including the state constitution, and possibly whether the relevant portions of the PA constitution conflict with the US constitution (or whether the PA SC’s interpretation does.)There is a legal argument to be had about whether a state court can override a state legislature in apparent conflict with the US Constitution’s specific delegation to the state legislatures . Which presumably reflect the will of the people a bit more closely than do the courts.
In other words, who writes the laws?
But it wasn’t a “hunch” or a “guess” on my partYep, you were right about timing.
Which is part of the reason WHY the left NEEDED the disguise of the mail-in ballot frenzy.no chance any court will say that they should not be counted.