Radio host Mark Levin has brought to the public’s attention that, under Article II, Section 1 of the U.S. Constitution, state legislatures have total power to choose the presidential electors they want. In the current circumstances in which we find ourselves, state legislatures - including those in Pennsylvania, Michigan, and other contested states - can pick pro-Trump electors for the Electoral College for a good reason, a bad reason, or no reason at all. A stalwart Tea Partier friend of mine wrote a model letter that anyone can deliver to their state legislators reminding them they have this power and urging them to use it. I’d like to read the letter to you now, it’s short:
This is a simple message—Article II, section 1 of the United States' Constitution gives your state's legislature the sole power to choose its Electoral College delegation. Article II says that each state shall appoint said delegation “in such Manner as the Legislature thereof may direct.”
You are charged with selecting your state's electors for president of the United States. The U.S. Constitution specifically gives that power to you, and no one else.
This means state legislators have complete power over how presidential elections are to be held in their states, too. If you feel that your legislature's constitutional prerogative to set election rules in your own state has been violated, you have the ability to rectify it. If Democrats made anti-democratic changes to your state's electoral process, seeking corrupt advantage, you can correct that. You need not bend to outside forces, civilian or governmental. Your branch of state government regulates your state's elections, and no one else.
State legislatures may choose electors for Donald Trump because in their judgment President Trump is the legitimate winner in their state, or they may do so because they feel President Trump is the better choice. Both are constitutional, both are valid reasons.
Therefore, Republican-controlled legislatures in AZ, NC, MI, GA, WI, and PA can decide that, in their best judgment, President Trump is the legitimate winner of their states' fraud-filled elections.
Or, as has been done many times before in our history, state legislators have the power to simply overrule the voters if they believe the voters have chosen in error. The framers of the Constitution trusted you with that decision. You have that power.
That’s the end of the letter. It should be in the wrap-up in its entirety, along with supporting documentation.
1. Mark Levin, Nov. 6, 2020
“This is really the only place in the constitution where the framers of the constitution and the ratifiers go into the federal constitution and say not the state courts, not the federal courts, not the governor, not the bureaucracy, not congress, but the states are going to make the election laws on determining how to choose the electors for president of the United States.”
2. Horowitz: How Republican-controlled state legislatures can rectify election fraud committed by courts and governors
3. Majority Opinion of the Supreme Court of the United States, Bush v. Gore, 2000
“The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the electoral college. U.S. Const., Art. II, § 1. This is the source for the statement in McPherson v. Blacker, 146 U.S. 1, 35 (1892), that the state legislature's power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by state legislatures in several States for many years after the framing of our Constitution. Id., at 28-33. History has now favored the voter, and in each of the several States the citizens themselves vote for Presidential electors. When the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental; and one source of its fundamental nature lies in the equal weight accorded to each vote and the equal dignity owed to each voter. The State, of course, after granting the franchise in the special context of Article II, can take back the power to appoint electors. See id., at 35 ("'[T]here is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated'") (quoting S. Rep. No. 395, 43d Cong., 1st Sess.).”
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