RascalRiley wrote:
It is called the big lie for a reason. Trump made it up.
Sovereign state issues are testing the union right now now.
The Constitution is "barebones about electors." Id. As it should be. The residual powers are left to the states. Article II includes only the instruction to each State to appoint, in whatever way it likes, as many electors as it has Senators and Representatives. There are no restrictions or limitations.
The Twelfth Amendment then tells electors to meet in their States, to vote for President and Vice President separately, and to transmit lists of all their votes to the President of the United States Senate for counting. "Appointments and procedures and . . . that is all." Chiafolo, supra at 2315 (emphasis added). 1 In prior cases, the Court has stated that Article II, §1's appointments power gives the States full authority over presidential electors, absent some other constitutional constraint. The Court has described that clause as "conveying the broadest power of determination . . . " McPherson v. Blacker, 146 U. S. 1, 27 (1892). See also Chiafalo, supra at 2324.
It would be meaningless if after giving full authority to the States over presidential electors, the state legislature could not, upon a proper showing, recall those electors to decertify a fraudulent election. As the Supreme Court said in Chiafolo, supra, the State has full authority absent some other constitutional constraint.
As far as the national government (and Constitution) is concerned, i.e., federal law, there are no such constraints. "Congress . . . has left these matters to the control of the States." In re Green, supra at 380. Therefore, each state Legislature has the power to recall electors and decertify their vote upon demonstrable proof of fraud. Indeed, this is the only way the state can guarantee that the People are represented. The Federal Government "is acknowledged by all to be one of enumerated powers." McCulloch v. Maryland, 17 U.S. 316 (1819). "[T]he powers delegated by the . . . Constitution to the federal government are few and defined," while those that belong to the States "remain . . . numerous and indefinite." The Federalist No. 45, p. 292 (C. Rossiter ed. 1961) (J. Madison). Thus, "[w]here the Constitution is silent about the exercise of a particular power[,] that is, where the Constitution does not speak either expressly or by necessary implication," the power is "either delegated to the state government or retained by the people." See Martin v. Hunter's Lessee, 14 U.S. 304 (1816) (stating that the Federal Government's powers under the Constitution must be "expressly given, or given by necessary implication").
For an added measure of assurance in the latter regard, it is declared that "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the People." U.S. Const., amend. IX (emphasis added). It was universally agreed by the Framers that there are additional fundamental rights, protected from governmental infringement, which exist alongside those specifically mentioned in the first eight amendments. "The [Ninth] Amendment . . . was proffered to quiet expressed fears that a bill of specifically enumerated rights could not be sufficiently broad to cover all essential rights and that the specific mention of certain rights would be interpreted as a denial that others were protected." I Annals of Congress 439 (Gales and Seaton ed. 1834). See also II Story, Commentaries on the Constitution of the United States (5th ed. 1891), pp. 626-627. As "it cannot be presumed that any clause in the constitution is intended to be without effect . . . effect should be given to all the words it uses." Marbury v. Madison, 5 U.S. (1 Cranch) 137, 174 (1803). See also Myers v. United States, 272 U.S. 52, 229 (1926). And, indeed, a right to political affiliation and political choice has been addressed as protected, at least in part, by this amendment. United Pub. Workers v. Mitchell, 330 U.S. 75, 94-95 (1947). This includes, of course, the fundamental right to vote. Id. See also Reynolds v. Sims, 377 U.S. 533, 560 (1964).
https://patriots.win/p/13zN1UMy88/can-a-state-legislature-recall-t/