President Trump’s comments about election fraud and the Constitution have caused much controversy. One of my readers (call him Bob) offered this analysis. I think his assessment of the problem is accurate, and points to the solution. Your thoughts?

From Bob:

Beyond a reasonable doubt, I do believe Trump was saying that the election fraud is so widespread, and of such a magnitude, that the fraud “allows” (ie, enables;  gives the necessary time or opportunity for) the perpetrators to get away with effectively terminating the US Constitution.

Please allow me to explain.

First, the US Constitution explicitly leaves full power to the State Legislatures — and only to the State Legislatures — to decide how to run a national election in their States.  Nobody has that Constitutional power except the State Legislatures.

Accordingly, all the State Legislatures did establish laws, rules, and regulations for the national elections in their own States.

But, there were bad actors in key government positions, especially in the swing States — eg, State governors;  State secretaries of state;  State election boards;  State health officials;  and State supreme court justices — who perpetrated fraud and deception in order to effectively terminate the election laws, rules, and regulations that had been established by the State Legislatures.

The fraud allowed for the termination of all national election rules, regulations, and articles that were established by the State Legislatures.  And that State Legislature power is explicitly found in the US Constitution.

Trump was merely stating a fact, when he wrote the following:

“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution.”

For full context, here is Trump’s entire post:

So, with the revelation of MASSIVE & WIDESPREAD FRAUD & DECEPTION in working closely with Big Tech Companies, the DNC, & the Democrat Party, do you throw the Presidential Election Results of 2020 OUT and declare the RIGHTFUL WINNER, or do you have a NEW ELECTION? A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution. Our great “Founders” did not want, and would not condone, False & Fraudulent Elections!

https://truthsocial.com/@realDonaldTrump/posts/109449803240069864

I’m going to take this one step further.  

Notice that Trump doesn’t SAY what should 
be done about it.  He ASKS what should be done.  As follows:

“So, with the revelation of MASSIVE & WIDESPREAD FRAUD & DECEPTION in working closely with Big Tech Companies, the DNC, & the Democrat Party, do you throw the Presidential Election Results of 2020 OUT and declare the RIGHTFUL WINNER, or do you have a NEW ELECTION?”

This is actually a valid Constitutional question.

And, there seems to be a valid Constitutional answer, which has been circulating since at least September 2021.  As follows:

“Can a State Legislature recall the state electors or decertify a national election upon proof of fraud in the election? The Answer is ‘Yes.’”

~ Memo from Matt DePerno,  to Sen. Wendy Rogers,  on Sep 23, 2021 — “Final memo regarding authority over elections and electors”
https://wendyrogers.org/wp-content/uploads/2021/09/Memo-Re-Decertification-092321.pdf

Do you remember that Rudy Giuliani brought all of the gathered evidence to the State Legislatures?  According to the US Constitution, that was the correct legal move.

After hours and hours of viewing the evidence (and they still didn’t have time to view it all), various State Legislatures did conclude there was sufficient proof of election fraud, and they exercised their US Constitutional power to announce the recall of their State electors and decertify the national election.  

At that point, the US Congress claimed that the date of January 6, 2021 was an immutable deadline and the State Legislatures were out of time, and out of luck.  

But that was false.  

The date of January 6, 2021 has no relevance in the case of a State Legislature recalling their electors or decertifying their 2020 national election results on the basis of fraud.  

If a State Legislature decides, today, that fraud occurred in the 2020 national election, then that State Legislature has the Constitutional power to recall their electors or decertify the national election.

Back on January 6, 2021, the US Congress obstructed the Constitutional right of the State Legislatures to recall their electors and decertify the national election.

This is my current understanding of the matter.  
Do you see things differently?

You may also like these