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SCOTUS Could Entertain Critical Question About States Regulating Elections

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Democrats are NOT going to be happy if this one goes before SCOTUS. Not only could it undercut their Big Lie narrative, but it could kneecap some of their favorite underhanded election tactics.

What the Jan 6 committee does NOT want you to talk about is Trump’s appeal to have his election results complaints brought before the Supreme Court fell only one vote short of a proper hearing. They had 3 votes to take up the case, where the threshold was 4.

The reason 3 judges thought the case should be heard was, in part, because it touched on a central question of the Constitution. Who has a right to set election law?

Listeners of Mark Levin will have heard him often cite two clauses in particular:

The elections clause in Article 1 states: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”

The presidential electors clause in Article 2 states: “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.”

The Framers took the remarkable step of delegating that role not merely to the various states, but to a specific organ within the states — the state legislature will set the election laws.

One of the objections Trump’s team had with the 2020 results was that lawyers, state judges, election officials, Mark Zuckerberg, and state governors made changes to election law contrary to the explicit will of the state legislatures. The most egregious example of this was Pennsylvania, where changes were made in direct contravention to the explicit procedure any such changes need to go through.

Several of the Justices belive this question needs to be addressed, or else it will keep rearing its head again and again. The issue is landing on the court’s doorstep in an unexpected way — redistricting maps.

The Supreme Court seems likely to accept a new election law case that Republicans hope will recognize what they say is the preeminent constitutional authority of state legislatures to set the rules for redistricting and congressional and presidential elections, as well as curb the power of state courts to intervene in such disputes.

“The U.S. Constitution is crystal clear: state legislatures are responsible for drawing congressional maps, not state court judges, and certainly not with the aid of partisan political operatives,” Tim Moore, a Republican who is the speaker of the North Carolina House of Representatives, said in March when he launched an appeal of his state Supreme Court’s order redrawing the state’s electoral map against the wishes of the state’s GOP-majority legislature.

“We are hopeful that the Supreme Court will reaffirm this basic principle and will throw out the illegal map imposed on the people of North Carolina by its highest court. It is time to settle the elections clause question once and for all.” — Epoch Times

If they take the question up, perhaps they will put these other questions to rest, too.

Considering how much time Hillary’s attack lawyer (the one whose name comes up in the context of the Crossfire Hurricane scandal) spent in pushing to have state election laws loosened in 2020, this could really hamper their election strategies.

More importantly, it could put a fork in that ongoing effort Democrats have been pushing to federalize elections in the name of racial equity or whatnot.

According to this little thing called the Constitution, that’s not their job.

It would be nice for the court to remind them of that fact.

Psalms of War: Prayers That Literally Kick Ass is a collection, from the book of Psalms, regarding how David rolled in prayer. I bet you haven’t heard these read, prayed, or sung in church against our formidable enemies — and therein lies the Church’s problem. We’re not using the spiritual weapons God gave us to waylay the powers of darkness. It might be time to dust them off and offer ‘em up if you’re truly concerned about the state of Christ’s Church and of our nation.

Also included in this book, Psalms of War, are reproductions of the author’s original art from his Biblical Badass Series of oil paintings.

This is a great gift for the prayer warriors. Real. Raw. Relevant.

Wes Walker

Wes Walker is the author of "Blueprint For a Government that Doesn't Suck". He has been lighting up Clashdaily.com since its inception in July of 2012. Follow on twitter: @Republicanuck