Let me start with a surprising assertion that individuals usually have no idea. Learn the Structure and the Invoice of Rights; you’ll not discover any point out of a proper to vote. Surprisingly, nowhere within the unique textual content will you discover any point out that U.S. residents have a proper to vote. All of the concepts of getting a proper to vote in our fake Democracy stems from amendments adopted following the U.S. Civil Conflict and laws handed through the civil rights motion of the Nineteen Sixties. So, Constitutionally, this leaves even a gray space that the Democrats try to drive the election by means of, claiming there’s nothing within the Structure concerning any proper to vote in any way. This has led to some suggesting that as President, Biden can concern an government order permitting all RESIDENTS the proper to vote.
I acquired a cellphone name asking my opinion:
“Might the election be positioned?”
Truly, the election could be delayed/postponed however not postponed indefinitely. The ONLY onerous deadline spelled out within the Structure is the END of a president’s time period and a vp’s time period on January twentieth of the yr following a common election. The deadline is restated within the twenty second Modification. Remember the fact that FDR served greater than two phrases. That was the aim of this Modification.
The Structure requires {that a} group of electors, generally referred to as the Electoral School, select the following president with out mentioning the individuals voting. If a majority of electors fails to agree on a winner, Congress picks the winner in continental elections held inside Congress below the phrases of the twelfth Modification. It was the election of 1824 when Andrew Jackson gained the preferred votes however the election ended up within the Home. The twelfth Modification solely acknowledged that the Home selects the president by majority with no reference to a candidate who had the preferred or electoral votes ought to turn into president. As soon as once more, we are able to see that the individuals’s selection does probably not matter.
In 1824, the Federalist had collapsed. The Democratic-Republican Social gathering had gained six consecutive presidential elections and was the one nationwide political celebration. It was the truth that this election was determined by Congress that resulted within the break up of that celebration into the Democrats vs the Republicans (South vs North).
Let’s take a look at Article II, Part 2. It clearly states that “Every State shall appoint, in such Method because the Legislature thereof could direct, a Variety of Electors.” There is no such thing as a point out of a person proper to vote anyplace within the unique Structure.
Then, Article II, Part 1 delegates the Electoral School deadlines to Congress: “The Congress could decide the Time of chusing [original spelling] the Electors, and the Day on which they shall give their Votes; which Day shall be the identical all through the US.”
The Structure’s twentieth Modification additionally requires the president and vp to finish their phrases of workplace on January 20 at midday within the yr following the overall election.
“The phrases of the President and Vice President shall finish at midday on the twentieth day of January,”
Nevertheless, Congress controls by statute when electoral votes are counted on the states and at Congress. The statute learn that “the electors of President and Vice President of every State shall meet and provides their votes on the primary Monday after the second Wednesday in December subsequent following their appointment at such place in every State because the legislature of such State shall direct.”
The states should ship their electoral votes to Congress by late December. Suppose electoral votes are NOT acquired by the fourth Wednesday in December. In that case, the President of the Senate or the Archivist of the US can use “essentially the most expeditious methodology out there” to get the votes despatched to Congress. The electoral votes acquired by Congress are then counted in a joint session at 1 p.m. on January 6. If a presidential or vice presidential candidate doesn’t obtain a majority of the electoral votes, the Home selects the following president, and the Senate selects the following vp.
Put up-Civil Conflict states used public elections to choose the winners of electoral votes in presidential elections. That is NOT A Constitutional REQUIREMENT! For EXAMPLE, Maine and Nebraska divide their electoral votes amongst districts. Due to this fact, we do NOT discover any standardized requirement to empower individuals to vote. Every state legislature has a course of for choosing the slate of electors that represents a candidate. The states and political events beforehand labored collectively on the presidential major course of. However this yr, the Democrats denied the individuals to have any proper to vote for a potential different to Biden.
In some circumstances, disputes about that course of are settled by the courts, essentially the most notable instance being the Supreme Courtroom’s ruling in Bush v. Gore in December 2000. To be clear, a state below its personal legal guidelines might postpone the overall election date that leads to the collection of electors. At the very least 45 states have statutes that cope with election-day emergencies.
What stays clear is that solely the states and Congress can delay that a part of the election course of. Some states permit the Governor to postpone an election throughout emergencies, and that might actually be a home terrorist assault staged to perform that or the beginning of World Conflict III, the place neither the Structure nor Congress supplies any related energy to the President or different federal officers to alter this date exterior of Congress’s common legislative course of.
Congress additionally has the ability to alter the varied statutes to change the date for an election and the date electoral votes are to be acquired in Washington and counted in Congress. Such adjustments would require the consent of the Home and the Senate and can be extraordinary since it might require the settlement of the bulk in each homes. Congress might even delegate a few of its electoral course of powers to the Govt Department in emergencies. That may permit Biden even to drag off an government order. The concern is that Biden already has the chief energy to permit aliens to vote.
All of this taken into consideration, there isn’t any energy to really delay elections with no deadline. There is no such thing as a such energy to postpone elections indefinitely because the Structure additionally requires that Members of the Home of Representatives shall be chosen ‘each second yr’ based on Article I, Part 2, and Senators to be chosen for phrases of ‘six years’ below the seventeenth Modification.
Within the absence of a transparent winner of the presidential election on January 20, the Structure does permit the Speaker of the Home to function Performing President. That may find yourself as a Republican. The twentieth Modification requires that the duly elected president and vp MUST assume their positions in some unspecified time in the future. Nevertheless, Congress could elect a President and Vice President if they’re unqualified to take these positions.
The Justice Division filed a swimsuit towards Alabama, claiming that the voter roll purge announcement passed off 84 days earlier than the November 5 election and violated the Nationwide Voter Registration Act. This might upend the election, after which a bunch of lawsuits involving alien voting might be challenged nationwide. That ensures that the 2024 election will find yourself within the Supreme Courtroom. The Supreme Courtroom must rule on whether or not aliens can vote within the U.S. elections.
OK, we now have appeared on the varied necessities and established that (1) you don’t have any Constitutional Proper to Vote, and (2) there isn’t any uniform requirement that each state carries out some standardized election process. We additionally know that there are some ways in which states might mess up and delay the federal election. There might even be a situation the place the election happens in Congress with out the Electoral School or the individuals.
HOWEVER, What if Biden resigns on January nineteenth and Kamal turns into President? The twenty second Modification would apply if Kamala “acted” as president for over two years. If that will happen, then the Speaker of the Home wouldn’t assume the appearing function as President. All of this confusion is being created for the only real objective of retaining the ability of the Neocons. They don’t care in regards to the nation, not in regards to the individuals. That is solely about their victory; to them, it is sort of a soccer sport, and their group has to win.
They cleverly used COVID and instigated the January sixth riot to forestall a rely of state votes the place a problem was to be made earlier than all the Congress. The electoral votes acquired by Congress might be counted in a joint session at 1 p.m., and Pelosi declared an emergency rule to forestall any problem to a state’s vote. Then she imposed COVID Guidelines limiting the utmost variety of individuals on the ground to 53. Thus, Pelosi secured the presidency for Biden, and no person understood what they did. They bought away with it in 2020, and they’ll pull a quick one in 2024.
