Electoral College Certification Process was Unconstitutional


It was a sad day in America on January 6-7, 2021 when President of the Senate Mike Pence and a majority of Congress used an unconstitutional process to “confirm” the results of a fraudulent, corrupt election in favor of candidates Joe Biden and Kamala Harris, thus denying U.S. citizens our Article IV, Section 4 constitutional right to a republican form of government through fair and honest election of our representatives.

When faced with opening the Biden-Harris sets of dual slates of electors for AZ, NM, NV, WI, PA, MI, and GA that were based on irreparably corrupted popular vote results, Mike Pence should have deferred to Article II, Section 1 and paused the certification process to allow (require) the respective states’ legislatures to choose their electors (i.e., indicate which set was valid). Article II, Section 1, Clause 2 gives the state legislatures sole power to appoint electors. Dozens of state legislators (77?) had written Pence, asking him to delay the certification process so their legislatures could meet to review evidence of fraud and appoint electors. (Most, if not all, the states’ legislatures had been in holiday recess and unable to meet in full session.)

Instead, Pence steamrolled over the states’ sole privilege and prevented a constitutionally valid outcome. By moving the process into the House and Senate “objection and debate” phase, Pence unjustly legitimized both of the dual slates of electors, when in fact there was no clear slate of electors to object to. (Do you object to one slate or both?) Alternately, absent direction from the state legislators (not governors or secretaries of state) for a state that had submitted dual slates of electors, a “no count” for that state should have been recorded by Pence (the dual slates of electors cancel each other). This would have reduced the total number of electoral votes received and the required majority threshold, yet been consistent with the Constitution’s Twelfth Amendment.

The voting after debate was also unconstitutional. The Twelfth Amendment defines the process by which Congress may be required to decide the President if no majority of electors is awarded a candidate. It clearly states that the House makes this decision and each state gets one vote. If one state-one vote is the process for the House to participate in deciding the presidential outcome, why did the House allow one vote per representative when deciding whether to accept or reject electors following debate? The electoral vote counting process defined by statute (not a constitutional amendment) in 3U.S.C. 15 (https://www.law.cornell.edu/uscode/text/3/15) does not specify how the House should vote, but any voting process that contradicts the U.S. Constitution must be deemed invalid. The rules for a lesser privilege and earlier stage of the process (the House deciding on objections to one state’s slate of electors) should not be less restrictive than the rule for a greater privilege and final stage of the process (the House deciding the President if there is no majority of lawful electors)!

Finally, the entire Congress failed to reject certification of electors for Kamala Harris. Senator Harris is not a natural born citizen and thus fails to meet the required qualifications for Vice-President (see Article II, Section 1, Clause 3. Note: Under the Twelfth Amendment (last statement) the requirements for President also apply to the Vice-President because the VP is a potential successor to the President). In advance of the January 6 certification, Vice-President Pence and Congress were informed of this deficiency via a legal brief prepared by The Allegiance Institute (see this link: https://www.usallegianceinstitute.org/laity-v-harris-amicus-curiae-brief). So they are without excuse.

One thing is certain: Lies beget lies and a Biden-Harris administration (including down-ballot House and Senate races) that was launched based on fraud and deception will yield more of the same.

There is still time before Inauguration Day for the Supreme Court to right this wrong by voiding the unconstitutional January 6 certification process, remanding the dual slates of electors back to the state legislatures for them to produce a single slate of electors to the court, ruling on Kamala Harris’s ineligibility, and hearing Sidney Powell’s case on foreign election interference. Further SCOTUS inaction is unacceptable.

This interview describes the Court’s failure to address constitutional issues in the election:

I commend Idaho Representative Russ Fulcher and the other Representatives and Senators who stood on the side of truth and a lawful election process. All others failed to uphold their oath of office to defend the Constitution against enemies foreign and domestic. It is evident this election was intentionally corrupted by foreign and domestic enemies of our Republic to produce an outcome aligned with communist and globalist interests. (See, for example, these links: https://www.sidneypowell.com/evidence-of-foreign-interference and https://www.theepochtimes.com/infographic-chinas-2020-election-interference_3645973.html)

Are those who perpetrated the election fraud and/or failed to address this corruption in alliance with China, Russia, and Iran rather than loyal to our constitutional Republic?

Fortunately, our futures do not solely depend on the action (or inaction) of government officials. Ultimately God is the Just Judge, sovereign over the affairs of men (Daniel 4:34-35), and every person is accountable to Him. Patriots, as we move forward, remember as the sun rises each day that the Maker of heaven and earth caused it to be so (Genesis 1:14-18) and our risen Redeemer, the Son of God, lives as Light of the World. Our allegiance must be to Jesus, the King of kings and Lord of lords who alone saves and grants eternal life to all who believe in His atoning work on the cross and repent of their sins against Him. He alone is worthy of all glory, honor, and praise. (See Revelation 4:11, 5:9-13 and the video below, Chris Tomlin “Is He Worthy?”.)

Repent and turn to God while it is still today (Hebrews 3:12-13) and begin your journey of eternal life in Christ (John 11:25). Do not be counted among unbelievers, liars, and other sinners who will be cast in the lake of fire (Revelation 21:8). Instead choose the joy, peace, and blessing of following Christ. “There is therefore now no condemnation for those who are in Christ Jesus” (Romans 8:1).

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2 thoughts on “Electoral College Certification Process was Unconstitutional

  1. So when do we begin to recall Crapo, Risch and Simpson? The Republican party has committed suicide and these three RINO’s were leading the charge.

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