No, it's not time for a ‘Congressional Hail Mary’

December 27, 2020 By Mike Robinson

  

As the 2020 election, with all of its fraud, winds towards its final legal conclusion in a few weeks, many people are now speculating about a “Congressional ‘Hail Mary Pass,’” in which Vice-President Mike Pence or the House and the Senate finally “make things right” by overruling or ignoring the conflicting actions of the five states in which the fraud occurred.  As President of the Senate, Pence could decide not to count certain states’ votes.  Senators and Representatives could contest them.  In one scenario, the final selection devolves to the House and to the Senate.

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