On January 6 (today), We Learn Whether our Constitution Will Hold

And whether congressional Republicans care.

The 2020 presidential election was, in several targeted battleground states, an unconstitutional electoral exercise. Even putting aside evidence of significant fraud, virtually none of which received a hearing by our courts, events leading up to and including the November national election constituted a radical and grave departure from the federal electoral system adopted by the framers of the Constitution and the state ratification conventions. Now, let's be clear: None of this matters to the Democrat Party, since it and its surrogates perpetrated these unconstitutional acts, as I shall soon explain. Nor does it matter to the media, which is utterly illiterate on the subject and unequivocally supports the supposed outcome in any event. But it should be of great moment and concern to the people of this country and especially to congressional Republicans in both Houses, for if the latter do not at least confront and challenge this lawlessness on January 6, when Congress meets to count the electors, it will be the GOP's undoing and, simultaneously, the undoing of our presidential electoral system. Ultimately, it will be the people of the United States who love our republic who will be the losers.

Win, lose, or draw, on January 6, the Republicans must not act as if "the people have spoken" and be cowered into passivity or worse, such as joining the Democrat Party and media hecklers, by insisting that they are part of a lawless party seeking to "reverse the results of the election." Too many Republicans have already buckled, including the Senate Republican leader, Mitch McConnell, Sen. John Thune, and Rep. Adam Kinzinger. No doubt others who are unreliable and cowardly when facing the organized mob will follow. But let us not be judged by those who have intentionally and strategically manipulated our politics and the law to undermine our constitutional order. It is they who must be condemned.

Specifically, Article II, Section 1, Clause 2 of the federal Constitution could not be more explicit. It states, in pertinent part: "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress ..." This language was purposeful. During the Constitutional Convention, there were various proposals suggested for electing a president. Should the president be directly elected by the people? That proposal was rejected out of concern that such a purely democratic process could be hijacked by a temporary majority. Should the president be chosen in the first instance from within the national legislature? That proposal was also rejected on grounds of separation of powers. Should the judiciary play a role in the selection of the president? That idea was dispensed with as being the most objectionable, as judges were to be the least political of all public officials. The framers deliberatively and with much thought created the Electoral College process, in which the people and their elected legislatures — both state and national — would play important roles. But the electoral process rested first and foremost on the state legislatures directing how the electors would be chosen. The reason: While rejecting the direct election of a president, the framers concluded that the state legislatures were closest to the people in their respective states and would be the best representatives of their interests. At no time did the framers even raise the possibility that governors, attorneys general, secretaries of state, election boards, ...

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