Thursday, December 8, 2022

The Constitution Could Have Been Abused to Elect Trump . . . Legally

    Do not believe for a minute that I believed this way of getting Trump re-elected would have been just. It is ironic, though, that this past week he suggested throwing out part of the Constitution in order to get elected while the same document has hidden in it a path that could have elected him. If the state legislatures in a few states had thrown out the Democrat electors and appointed Republican ones in their places, what havoc and chaos it would have caused . . . yet how legal it would have been.

   I blogged three years ago today:

   An idea out of Georgia has potential to turn this election on its end, and sweep Donald Trump into office, after all.  

   It's hidden there in the Constitution. "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors." Let those words echo, "In such manner as the legislature thereof may direct." The Constitution grants state legislatures power to select the electors to the Electoral College -- and it doesn't restrict the legislators in any way in how they go about it. It doesn't say they can't retract one set of electors in favor of another. It doesn't say they can't make the change after the popular election has already taken place. It doesn't say they have to abide the popular vote. 

   "In such manner as the legislature thereof may direct . . .  In such manner as the legislature thereof may direct . . .  In such manner as the legislature thereof may direct."

   It's all up to them. 

   While this idea has potential. It won't make it. Georgia's Governor Brian Kemp has issued a strong statement against the six legislators from his state who want to replace the existing electors. And, in no other state, to my knowledge, is there even a move to replace electors.  

   It wouldn't be just. But, it would be all so constitutionally legal.  

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