Senator Ted Cruz appears on Sunday morning to discuss the process of challenging the electoral college certification with Maria Bartiromo (CFR). Senator Cruz (TX) discusses his recent decision to assemble with several GOP Senators after Senator Josh Hawley (MO) announced his intent to challenge the certification.
https://youtu.be/mHuz1UqXRa8
Within the interview Senator Cruz notes the Supreme Court has deferred any election challenge to the legislative branch; which -in his view- should have been permitted to be argued in the court.
However, setting aside political motives for a moment, the two legal and legislative issues discussed within the conversation (Guarantee Clause and Electoral Count Act) highlight a constitutional framework that does sit outside the judicial branch for resolution.
The main question is… does the legislative branch still have enough strength within the institution to follow the constitutional process? THAT is the element where the unknowns exist.
On one-hand we see a corrupted DC body, infecting all institutional processes – across all branches of government, that has allowed severe corruption to take hold. On the other hand, thanks to the foresight of our founding fathers, the process for rectifying that corruption still exists.
[Article IV – Sec.4] The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
“The Guarantee Clause” – “At its core, the Guarantee Clause provides for majority rule. A republican government is one in which the people govern through elections. This is the constant refrain of the Federalist Papers. Alexander Hamilton, for example, put it this way in The Federalist No. 57: “The elective mode of obtaining rulers is the characteristic policy of republican government.” [citation] “The Clause requires the United States to prevent any state from imposing rule by monarchy, dictatorship, aristocracy, or permanent military rule, even through majority vote. Instead, governing by electoral processes is constitutionally required.”
Additionally, The Electoral Count Act or the Electoral Count Act of 1887 is a US federal law stating procedures for the counting of electoral votes by Congress following a presidential election. It was enacted in the aftermath of the disputed 1876 presidential election between Rutherford B Hayes and Samuel J Tilden. In that election, several states submitted competing slates of electors and a divided Congress was unable to resolve the deadlock. [citation]
Essentially, the Electoral Count Act (1887) requires states to complete their certification of electors to congress by a certain date. The conversation prior to the November 2020 election surrounded whether the COVID pandemic would interfere with the deadlines for state elector certification given the massive numbers of ‘mail-in’ ballots; and whether the counting of them would break through the deadlines imposed by the Act.
A combination of The Guarantee Clause (constitution) and the Electoral Count Act of 1887 (law), establishes the framework for some to argue a fraudulent 2020 election result can successfully be challenged during congressional certification on January 6, 2021. Thus five state legislatures -under Republican control- have sent dual-sets of electors to congress: Arizona, Nevada, Wisconsin, Georgia and Pennsylvania.
Let us be clear… There is little framework for this type of constitutional issue. This is uncharted territory, and consequently there is no body of law or case study upon which to apply a historic reference. However, that said, the issue of Director of National Intelligence, John Ratcliffe, producing a report about foreign election interference could be a fulcrum issue upon which “The Guarantee Clause” of the constitution may apply.
Here’s where it gets interesting…. The Guarantee Clause puts the jurisdiction in the hands of the political bodies, executive branch and legislative branch, to decide the merit of any state vulnerability in their election outcome. There is little, if any, place for the judicial branch to play a role.
In Luther v. Borden (1849), the Supreme Court held questions involving the Guarantee Clause nonjusticiable, meaning that any remedy for a violation would lie with Congress or the President, not the federal judiciary.
Nearly one hundred years later, the Court sweepingly declared that the guarantee of a republican form of government cannot be challenged in court. Colegrove v. Green (1946). (citation)
The federal government, not the state government, ultimately holds the responsibility to protect the entire United States from foreign interference within the Guarantee Clause. This would seem to apply to foreign election interference. “[B]ecause protection against invasion or domestic violence is normally available only from Congress and the President, the structure of this section suggests that the political branches have at least the primary duty to carry out its obligations.”
If DNI Ratcliffe produces a report (prior to January 6th) that outlines foreign interference in the election; and if the argument can be made the states with the contested (dual sets) of electors were subjects/targets of that interference; then a foundation to nullify the electors from the contested states is laid in congress.
In this approach the electoral nullification argument would appear to rest on The Guarantee Clause; where the state election outcome was not valid – as it is not representative of a republican form of government, and the majority vote requirement was manipulated.
If this type of legislative challenge was to take place, there is little precedent for the judicial branch to be involved except to qualify what role The Guarantee Clause would/could play and to what extent the nullification arguments are constitutionally valid.
Again, this is all uncharted territory. However, there are people claiming this process could work to keep President Trump in office. The disqualification of the contested state electors under this argument would ultimately fall upon Vice President Mike Pence who is also President of the Senate and in charge of the January 6th electoral vote certification.
There is a lot of “if-this-then” etc within this framework, and all of it ultimately is predicated on congress challenging the election; and VP Mike Pence then deciding which electors would be certified or nullified; that seems to be the main argument.
Support for this approach would be enhanced if the Ratcliffe report was published prior to the January 6th assembly. Which begs the question: why is DNI John Ratcliffe taking so long to produce his report?
Last thought… I have absolutely no idea if this can work, I am just summarizing a set of theoretical arguments that have surfaced. Remember, we all want the best outcome for our nation and nerves are frayed…. let us be kind to each-other in fellowship.
“One nation, under GOD“…
NOTE: Since circulating the comment below have received a few pin picks from some members of the left who have obviously led pretty sheltered lives and/or have failed to comprehend the full range of consequences for what Donald Trump has done by pulling back the covers of the real world and fore-filling most of his promises. They clearly have missed the part where he has shown the masses how they can pull the elitists down from their towers and in fact assume equal status by exercising their voices and their votes.
For those who do not think a full/fair examination of the 11/3/2020 election is worth fighting for are demonstrating they are as stupid as those who corrupted the same in currently uncounted ways. For those who believe the military and/or law enforcement communities will stand against those demanding full accountability, think again! Even when one discounts what has happened in the last four years with the left openly supporting cutting into very souls/bodies of the cops and the military, one is a fool to expect blind allegiance to the morally spent among the political class, the bureaucracy, the media, and academia.Wish I had a few saw bucks for the number of times I have heard soldiers and cops discuss throwing out the sitting government.
Was a brand new sergeant the day Kennedy was shot. My prayer within seconds of hearing that he had been shot was in two parts. Part one was, “Please Lord don’t let him die.” Part two was, “Please Lord don’t let the shooter be a soldier.” During the Johnson, Carter, Clinton, Bush II, and Obama administrations I prayed frequently that the Lord would seek out and calm soldiers/cops displaying hostel attitudes toward politicians in particular and civilians in general.
Considering the anti-cop/military attitude displayed by many civilians and politicians from the local levels through the current democrat nominees for vice president and president, I would not count on too many soldiers and/or cops standing up for politicians who have made a career of selling their own souls and the bodies of soldier/cops/their own constituents just for more power/money!
Soldier/Cop/Grunt, Retired.
Comment: Prelude to war!
Without a single measure of concern for the individuals and/or the collective group, I predict those politicians/bureaucrats/members of the media/others who continue to deny the existence of probable cause to warrant a thorough investigation of every aspect of the 11/03/2020 election are virtually inviting those Americans supporting one, Donald J. Trump (perhaps the recipient of the largest percentage of real votes from majorities and minorities alike in history) and/or the Constitution of the United States of America to take up arms as their right to insure the redress of grievances. Those displaying no regard for the intelligence and/or the rights of the citizens they swore to serve via their oath of office have no right to expect any level of sympathy and/or tolerance as we the people proceed to relieve them of their offices/positions and render just punishment for their actions or lack thereof!
Soldier/Cop/Grunt, Retired
PS. Notice, I did/do not differentiate between the left and/or the right.
Amen.
The United States is not Germany 1933 and not Russia in 1919..
We are not sheep.. we will fight…
When the Supreme Court refuses its job description. There is no law..
Then everything is left to us.. I’m ready to do what is necessary for my kids and grandkids future.. WHAT EVER IS NECESSARY..
MAGA
Amen
Grunt/FedLEO/Old man myself
Well said.
Dozens of Amens, with a paragraph break now and then would be optically appreciated., but again, Amen to you, Brother.
Very well said and Thank you For your Service.
Paragraphs please for your excellent post.
You have made a very BOLD statement. Please use a better font?
Soldier Cop, thank you for your service. We The People, who stir fear in the faint hearted. Let the people speak on Jan. 6th!!!
Although the commission sounds reasonable, who will select the members and how do you thwart bias? If States are contested on the 6th and deliberation confirms irregularities beyond the threshold of win, re-run the election in those states or select counties/districts with paper ballots only. Use Mil augmentees to assist expedited process and put a higher level of integrity in process.
It sounds reasonable a decade ago. Today, it sounds like a desperate way to calm the approaching storm. Ain’t gonna work.
Commissions, like special prosecutors, are the Uniparty’s dirty trick to bury evidence.
Swamp creatures investigating the swampiness of the swamp. Such a bad idea.
This post is a variation on what I wrote two days ago – to some ridicule from some. But I cannot see anything positive happening on the 6th without a massive detailed public release of the evidence. First to the people at the Trump rally and then directly to Congress when it assembles to vote. Remember the Mamet rule, liberals have to pretend not to know things. If they are relying on the DS intelligence and law enforcement communities then they will remain blissfully ignorant allowing them to parrot the ‘we have seen no evidence line’.
But what if Trump tells the people and then Pence tells the Congress by releasing exactly the same evidence, unredacted and in full. Including hopefully telephone, text and email intercepts of those who participated and organised this coup. How strong would Pelosi and Schumer’s hold over Senators and members be if the DNC was outed publicly to the world with compelling evidence?
I don’t know what would happen, but I would say all bets are off, and if there is proveable collusion between the DNC and China or even the fraudsters then are members and senators not aiding and abetting a crime or a coup by voting in favour of accepting the results of the election?
Whatever happens on the 6th, I can’t see it working without a massive release of unredacted unequivocal and overwhelming evidence including the names of those involved. The obvious follow on from this, in my. View, is to invalidate the whole 2020 election and do it again.
I hope Trump has a plan that he has held close to stop the Dems and Media from preparing a response. Happy to accept that there are other possibilities that I have not thought of. But right now the main defence of everyone is the no evidence pretence. That must line of defence must be overwhelmingly destroyed in order to win. The 6th is the day to do this. First at the rally and then in Congress.
Document release of everything including all files on Ted Cruz’s dad. Yes, there is a thick, very thick file on him and Communist ties. It was not farfetched he knew Oswald.
Also release the list of Congressmen and Senators you had payouts to persons accusing of inappropriate behavior.
And, for crying out loud, release Barry’s records, Mr. President, if you have access to such. Talk to Putin. Negotiate for info. Putin knows who Barry is.
These are my request, for starters.
Mossad also knows who Barry is.
Mossad, now we’re talking SWAMP and the keeper of all blackmail and rabid haters of Christ.
Not a kind view whatever your issues… way off subject and over the edge.
Please.
It does not matter who Ted Cruz’ father was or what he did.
Try reading the Bible and taking it seriously.
if That is not enough for you consider that your hero Trump and Ted Cruz get along; why can’t you?
I am hopeful that with President Trumps announcement to be at the Ellipse by 9:00am on the 6th that is exactly what will be happening.
John,
Do not worry:
“massive detailed public release of the evidence”
It’s coming!
Probably more cumulative not all on Jan 6th.
Hm. Ted, you’re always stroking yourself. Intellect with a lack of humility doesn’t sit well. Sorry dude, you got a lot to make up before I believe you again.
Agree! Ted has been instructed to co-op the election fraud protest so it fails.
We need a commision like we need a hole in the head. What we need is the LAW enforced!
Remember the guy who was cardboarding up the windows? That guy needs to be interigated for 24 hours straight and he needs to see alot of the other people being marched into other interigation rooms along with him. Remember the LE can lie to you but you can’t lie to them. Pressure from the bottom up with very real charges of serious jail time and maybe worse. They will sing on who gave the orders.
We need for the laws to be enforced. If the DOJ won’t do it then, help me out, who will? The military, the US Marshals or the Border Patrol? Hundreds of State laws were broken and so were Federal laws and those who broke them need to be questioned as if their lives depended on telling the TRUTH!
Day late and a dollar short there Senator Cruz.
Will Romney be on the investigation? Murkowski? Are you kidding me? What a sham.
Where’s Ratcliffe Report?
Ratcliffe has already stated publicly that the report will not come out until after January 6th.
Bill Barr is gone but nothing new.
Whatever it takes. This country has been taken over by communists. We can let them have it or take it back by any means necessary.
Constitutional Republics don’t install rulers. Much less a senile ruler with the intent of stepping down soon to install a far left radical like Kamala that had no chance of being elected.
Both sides were scammed.
It is so obvious this commission backed by so many senators is about wanting to share the MAGA rally in DC and make the day about Republicans and not President Trump.
Mark my words, the next talking point will be Ted leads the march, reminiscent of Tea Party gathering with Beck. Maybe it will not be said outright but psyop seeds such as, “This is the President’s first participation in an event of this scale but Ted goes back to the grassroots of when the Tea Party did something on this scale.”
And you can bet there will be “Thank you, Ted Cruz” signs, trying to share presence at a TRUMP RALLY.
Good. People who help Trump should get credit for doing so.
Treepers,
Indulge me, please. So we have Ruby Freeman pumping 18, 000 votes from under the table into the machinery on tape while her boss daughter participates. Then we have the bald, fat, masked , dude who said there was a leak in the building. How come these treason purveyors are walking around in public?
Asking for a friend.
Well organized, well funded coup. That’s how…
Well first we need those in authority to initiate investigations and/or possibly arrests. And who would direct law enforcement to do so when the higher ups themselves are involved in corrupt dealings as well.
I recall going back a bit people were saying Ruby did some recordings where she was saying she needed at attorney? I didn’t see it myself, just recall Treepers posting same in the comments. So if true, Ruby herself was expecting to at least be questioned but we’ve not heard anything since.
Did Trump’s lawyers di anything with these witnesses? Like file a complaint?
Cruz commission is against the constitution. Resolving the election dispute is between the executive and the legislative branches of government. Cruz is trying to cut out the executive branch and replace it with the judicial branch and give twice the power to the legislative branch.
Yes, Ted is representing the Uniparty!
“Resolving the election dispute is between the executive and the legislative branches of government”
I agree. The election is non justiciable. Pence ought to reject the contested certificates and send the election to the House in a contingency election.
Cruz wants a commission because he sees the process entirely in a legalistic framework. When this approach was utilized in 1866, Tilden was denied his rightful victory. Let’s resolve this conundrum by invoking the 12th Amendment.
What if President Trump walks straight into Congress with a briefcase full of evidence that shows it was a rigged election? Some time Wednesday afternoon he could escort a high level election official turned state’s evidence into the Joint Session, in front of God and everyone, to admit to criminal election fraud of huge proportions. Someone was bound to squeal sooner or later . . . money talks.
Then see him walk in with officers who arrest all those involved for treason.
I think the delicate reality here is that the information Trump has is based on various forms of intelligence and I estimate little to none of it has been shared with the intelligence committees. And the problem of using intelligence as evidence is pretty complicated. Among these complications is the revealing of “sources and methods” either explicitly or implicitly.
Over this holiday, I have remained mostly disconnected. I had some youtube running but mostly selected sources which would likely keep me going with a more positive outlook. I see now there is a great deal of negative expectations all around and now I’m getting dragged down into it as well.
The monsters have revealed themselves in unbelievable ways. The public will never be able to unsee any of this. The politicians and the media, I think, are sorely underestimating what the people actually think is true. But I’m also not going to estimate that the opposite is true either. But here’s a clue: The NFL still exists when it shouldn’t. There is still a strong amount of support for “the Matrix” if you get the reference. And they will even defend it if pushed.
Trump’s DC rally is strategic. I wish I could be there myself.
“..does the legislative branch still have enough strength within the institution to follow the constitutional process?..”
it’s probably not much different than gangs in the street.. they don’t care about processes..
they are in a gang.. and you dare not break the code.. the street plays it hard..
..you just have to deliver..
the gangs don’t care how you do it..
ignore it.. try and flip it back to the ‘A’ team in the court.. whereas the court will now gladly step in and “fix” the election.. how you do it matters not to them..
I don’t know how the legislative branch will do it.. but one thing is for sure..
it’s the law of the street.. and the street plays it hard..
..so they will deliver..
..you can count on it..
Everything than can be done to expose the massive election fraud used to oust Donald Trump and install Biden/Harris should be done. But don’t for one minute think either the Senate or the House will disqualify state certified slates of electors for Biden by a majority vote. It won’t happen. The conspiracy to install Biden as president is backed by a solid majority of both Houses. The deed is done. Tyranny rules in the USA just as it does in other places in the world. It is being exposed for those who want to see it. In the next 2 years the media and the corrupt political “representatives” will do their best to convince the vast majority of America that no fraud occurred and the evil threat to our great system brought by Trump has been excised. So life can go on and the illusion of liberty can be restored.
EZ GOER: Its not just you but LOTS of posts on this website of late PROFESS they KNOW what will happen on Jan 6th. As you wrote “it won’t happen.” How does ANYONE KNOW that? Don’t mean to pick on you alone. SO MANY CRYSTAL BALLS that many ” DEEP ALL KNOWERS” ARE PEERING INTO these days. I’m still working on understanding the Constitution re a Presidential Election. Cruz I think, doesn’t think anyone besides him CAN READ IT. Yes the wording of the Constitution is deep, wide and I don’t think there are Cliff Notes developed on it yet. And I don’t think Ted Cruz has read the Constitution either. Nowhere, correct me if I am wrong, does the Constitution state “we’ll resolve electoral disputes “with a Commission.” Sorry Ted. Go back to Law school if you are so inclined. I still LOVE MY VERSION of CLIFF NOTES. Dated (posted right after the “Election” but still true as far as I can ken. Love to all. And Understand Please, Wednesday, Jan 6th 2021 also happens to be the Epiphany. I am still LMAO about that. The Universe has a SENSE OF HUMOR.
https://religionnews.com/2020/11/16/meet-shane-vaughn-small-town-mississippi-preacher-viral-happens-if-trump-doesnt-concede-video-house-of-representatives-fraud/
I concur in your understanding of the guarantee clause. I pursued the same line of research and came to the same conclusion. However, I would submit that it is not necessary for there to be foreign interference to raise the threat to a state’s republican form of government which demands a response. The Founders were concerned about factions within the states working up a mob that would call for a monarchy, dictatorship — or other form of government that eliminates the citizen’s right to elect their leaders. In my view, the electoral fraud perpetrated, simultaneously, in those five swing states must have been centrally planned by those who sought to bring about one-party rule, which is the antitheses of a republican form of government, and would thus be Constitutional grounds for Congress and/or the President to take acton.
True. Think The Insurrection Act or MLaw via EO 13848…BEFORE the SCOTUS gets involved.
???
The electoral fraud has been going on for a very long time. And the “swing states” were never swing states. They were firmly Trump. The Dominion systems were running in 2016. They were running in 2012 too. And it’s even wrong to say the fraud was “undetectable.” It has been detected in 2012, 2016 and in 2020. It’s more about how or whether or not it was acted upon. The 2016 and 2020 elections were run the same to a certain point. Hillary was rigged to win. But the shift of votes used in 2016 were not enough to overcome Trump support. If Trump had an actual 60% of the vote, for example, shifting 10% to Hillary would fail as it most definitely did in many states projected for her.
The loss in 2016 forced them to operate contingency plans. We saw it happen. They came out of the shadows with blatant fraud.
Do you really think the people of California and New York are collectively so comfortable with the tyranny under which they live? Every Democrat stronghold is held with fraud. Every single one of them.
The unprecedented number who re-elected (in truth) Donald Trump MUST NOT accept a Biden presidency, and ANY actions by legislatures and judiciary to force that result upon us.
We are watching a criminal takeover of the United States of America, in plain view. Only law enforcement, taking away the ill-gotten gains of the traitors and thieves — and immediately, with mass arrests — can stop this. The Ted Cruz’s et al. are pretending that their legalistic, legislative processes will even address the “problem” (and they don’t even see the problem WE represent, our hopes and elective choices). They have only proved, over and over, that they WILL NOT obey us and the Constitution (and a myriad of laws they have broken sublimely, casually, blatantly).
It should NOT be a “rally” on January 6th. It should be an overwhelming citizen presence, prepared to make citizens’ arrests on everyone in the legislative and judicial branches who are taking this illegal coup d’etat to the limit. They are doing this not because they are evil — they are only SERVING evil — but because their no-longer-legitimate POLITICAL processes are all they have.
There is OBVIOUSLY no law involved. Commissions and special counsels are equally useless, and aiding and abetting the destruction of the TRUTH: We do not have a legitimate government. Period. Even with President Trump, we only have HOPE of a legitimate government emerging.
Please see my post to Orin Armstrong above.
Trump has legal remedies beyond 1/6/21.
???
After listening to Cruz’s plan/idea, I know immediately sounds like “Gang of 8” to me. Waste some time and hopefully get more support of this election being viewed as legitimate.
The world is watching. If Biden is inaugurated, the world will know the USA is lost and so will most of us here.
This is interesting . . . https://twitter.com/CodeMonkeyZ/status/1346131856199061509
We could end up with 2 competing claims with Nancy claiming acting president with no certified president elect.
https://www.theepochtimes.com/exact-fallout-of-presidential-election-predicted-in-2019-war-game-paper_3641809.html
Like Obamacare, Benghazi, Iranian Deal etc, American citizens are not on a need to know basis regarding their own elections.
Half the country will while Biden/Harris control WH, will believe they should not be there.
Underlying the whole fiasco, we understand 5th graders could have put together a faster, fairer, lawful, more precise election than this one each state paid millions upon.
And we are told we just need to accept it?
I dont know where the “39%” number comes from unless as usual with every poll since 1964 has been skewed heavly to demoncrats. Ive also seen numers of 59%. And if only 39% then why is there MILLIONS heading to DC right now?
This is a kick the door down moment. There are literally millions of Americans who are ready for revolution and con-gress wants to jet off to Hiwaii and Cancun and their French laundry wine parties after telling us to lockdown and dont go outside. People are raising hell and pelosi and De Blabberbutt dances with his wife in the forbidden tundra of times square and pretends to be Nero while Rome burns.
Mark my words politicks payday has come.
God help us