Yes, all of this is true. But I do not believe that this is what we should now allow to happen.
The “emergency” provisions of Federal Law and the Constitution were not intended to give any legislature a way to avoid a politically unpleasant decision. Neither the Congress nor the President of the Senate should be expected to second-guess what any state intends to do. The final approval of the results in Congress should be a mere formality.
The Constitution of the United States places the federal decision of choosing electors specifically and exclusively in the hands of one entity: “the Legislatures thereof.” (Exactly as it originally did for the US Senate.) Established law has concluded that this is a “plenary” decision: that they can select absolutely anyone they like, with no power of judicial review being vested in anyone else. Their decision has only one requirement: they must make “one” choice. Not two............. To Read More