Texas Lawsuit is About the Black Letter Law of Article II of the US Constitution

Posted by on December 12, 2020 12:03 am
Tags:
Categories: David J. Harris NATIONAL HEADLINES

If Joe Biden wins the White House as a result of state and county workers who ignored their own laws, it will not just be that Donald Trump lost.  It will be the people of Texas and all the other states who will have lost their right to be represented by choosing who they wanted to represent them. Those voters should be heard. And thanks to 18 state attorneys general, they may finally get the chance.

Just like the 40 other lawsuits challenging the November 3 results, the media does not give this one a chance. However, unlike the other suits, the press has decided to end the their Orwellian censorship and comment.  Could they be nervous over the Texas case?   Isn’t it sickening that media people would be nervous for a candidate over another?  Their off-the-rails reaction certainly makes it appear that way.  In news outlets all across the nation, reporters are frantically working to dismiss the states’ argument, calling it “garbage,” “laughable,”  and “far-fetched.”  But it’s really not.

Representative Mike Johnson (R-La.), who’s heading up the effort to get House Republicans on board, doesn’t think so. If there is fraud that went on, and there are pages of court filings that say there was, and there was a coordinated effort to rewrite local and state election laws, then any state that Trump won has a legitimate complaint. Texas, South Carolina, Louisiana, Kansas, Kentucky, all of them, they will have been deprived of representation.

“For the media to say it’s a Hail Mary pass and a last-minute effort is sort of comical,” Mike told listeners on Washington Watch. “…There was a lot of irregularity, fraud and hijinks all around the country. And it takes a while to digest all of that. An election fraud case, election irregularity case, is a notoriously difficult thing to litigate. It takes a Herculean effort to assemble the evidence, put it in a format that is presentable, and make the requisite arguments. It’s, of course, even more complex when you’re doing it in so many different jurisdictions simultaneously around the country in a national election.”  This means that the states involved filed as soon as they could.

The reason this case went straight to the Supreme Court is because one state is suing other states, in this case Georgia, Michigan, Pennsylvania, and Wisconsin, and there is a list of categories that a case would fit that would bypass the journey up the court level ladder.  When a state sues another state, neither state can really handle the case due to possible bias, so the Supreme Court is the “original jurisdiction.”  It was a brilliant move by Texas.

Texas believes that since their state voted to reelect Donald Trump, when the other states did not follow the Constitution during the election the way Texas did, Trump would have won if they followed the law, and therefore those states are harming Texas voters, because the ramifications of what a Biden presidency and more importantly a vice presidency could do to their state is not what they voted for.

Texas thinks the American people have the right to be heard because of three violations of the US Constitution that they believe the four states charged committed.  The first is those states changed the voting rules, the guidelines and the procedures through the state’s Executive branch and the judiciary, instead of going through their state legislatures, which is what the Constitution dictates.  Article II, Section 1 of the US Constitution known as the Electors Clause was violated.  Clause 2 says, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…” which means the state legislature gets to appoint the Electors to cast their vote for president.  If the Executive branch and judges violated state and federal Constitutional laws that harmed the election, then the legislature’s power and authority to choose Electors was harmed, because the cheating changed the outcome of which Electors should be sent to cast their vote.  And that alone could change the outcome of an honest election, which would harm every other state where their voters voted for the honest result.

Article I, Section 4 of the US Constitution says that the power over election laws goes solely to state legislatures.  They might argue that the legislatures were control by Republicans and so they wouldn’t be able to get through what they wanted, but those are the breaks.  That’s called a representative republic.  You can’t say because the legislature won’t give us what we want we’re going to unilaterally do it anyway.  That’s like creating a DACA program out of thin air by executive order.  But I digress.

The second argument Texas makes is a 14th Amendment Equal Protection violation when states had one country enforcing voting rules one way and another county have completely different rules.   You can’t have that, because it’s not fair when one group of voters in the state might favor one candidate over another and have rules making it easier to cheat, while another county that leans toward the other candidate did not have the same advantages.

The final argument Texas is making is that voting irregularities corrupt the entire election.  There’s no way to fix it, because while one can prove cheating happened, there’s no way to find which mail-in ballots were fraudulent and which were legitimate, because once a ballot is removed from the envelope there is no way to determine who that voter was.

A big tell that the media is unknowingly giving off is it all their ranting and raving, and all the hyperbolic language they’re using to trash with what the Republican state legislatures are doing, and trashing Texas for suing the states in their lawsuit, shows that they have something to hide.   If  the media pundits have nothing to fear then why are they acting like cornered rats?

The post Texas Lawsuit is About the Black Letter Law of Article II of the US Constitution appeared first on DJHJ Media.