Since there has been some fuss — by the likes of CNN and NPR — about “Bolduc and the Steal,” I’d like to weigh in with my brand-new angle on the Electoral College.
Here we go.
Donald Trump and Joe Biden were contending for the US presidential election in 2020. Who won? Biden won because more than half of the 535 electors (i.e., 218 of ’em) said so. Indeed, the 535 electors went well beyond 218 and gave Ol’ Joe (and I do mean Ol’) 302.
Hey, wait a minute — what about what the People wanted at the November 2020 polls? I say never mind what they wanted, it is not constitutionally relevant.
(Listen up, Senator General; I’m giving you some great advice here. Namely, that it IS kosher to say that the November general election for presidents is not worth the paper it is printed on.)
Well, if it’s not the People who elect the prez, who is it? Hmm. Does one have to be a constitutional scholar to figure it out? Well, yes, one has to be scholarly enough to know: 1. That we do have a Constitution (hurrah!), 2. That the second article is about the president, and 3. That the beginning of that article (i.e., section 1 of Article II) specifies how a person gets to be president.
Voila: Art II, sec 1: “[The president shall be elected, as follows: 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.” (So, 4 for NH, nowadays, 55 for California.)
That, from 1787, was followed by some stuff that got replaced by Amendment 12 in 1804; see below.
Art II, sec 1 also says “The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”
And voila Amendment 12: “[The electors in each state make lists] which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President if such number be a majority of the whole number of Electors appointed….”
Fine. Good. Like groovy, man. So now we look to see what Congress did, in the fullness of time, to take up the Framers’ 1787 offer “to determine the day in which [the electors] shall give their votes.” Easy peasy, just google for “What day do electors meet?” Several items will come up. I chose www. crs [Congressional Research Service] reports.congress.gov. Naturally, it points you to the big, codified law USC (United States Code), specifically 3 USC 1 through 15.
I am trying to support Bolduc (aka “Senator General”) as against media monsters, so I will come right to the point for 2020. Federal law, in furtherance of the Constitution and its 12th amendment, arranged that December 14 be the day in 2020 for Electors to meet and vote, in their respective states.
Note: January 6 is always the day for the famous opening of the ballots. (Jan 6 “a day that shall live in infamy type thing.”) Mike Pence was the mandatory opener in 2021.
Hang on. Congress also arranged, at 3 USC 5, that there be a “safe harbor” day. Great, it made a law that governors would react to any problems about the November polling. I’ll quote the very reliable CRS in regard to December 8, 2020: The “Safe Harbor” Deadline:
“The U.S. Code (3 U.S.C. §5) provides that if election results are contested in any state, and if the state, prior to election day, has enacted procedures to settle controversies or contests over electors and electoral votes, and if these procedures have been applied, and the results have been determined six days before the electors’ meetings, then these results are considered to be conclusive, and will apply in the counting of the electoral votes. This date, known as the “Safe Harbor” deadline, falls on December 8 in 2020.”
Why December 8? Because that is 6 days before the Dec 14 meeting of 50 electoral colleges. As far as I am aware, no governor invoked the 3 USC 5 provision for dealing with fraud that may have occurred in November.
Oops, I couldn’t recall what day of the week was the Tuesday for People to vote in 2020, so I asked Google and got this reply from Wikipedia: “The 2020 United States presidential election was the 59th quadrennial presidential election, held on Tuesday, November 3, 2020.” Wow. How naughty can you get? Per the parchment, the ELECTION OF A PRESIDENT never occurs at the polls. Never ever. It occurs in the Electoral Colleges. See Art II, sec 1 above.
Granted, the People’s pick on November 3 could — and possibly should — influence the Electors. In fact, about half the states require their electors to rubberstamp the November vote count. But the electors elect. Period.
In the title of this article, I mention “535 Brilliant electors.” My new position is this: It is up to the electors to be brilliant and give us a good president. The buck stopped with them on December 14, 2020. (Even the ones who are supposed to be rubber-stamps can “go faithless” on the day, per a court ruling.)
In previous articles, I have dwelt on the fact that Congress has the ultimate say. That’s true. There is a provision for any member of the Senate or House to challenge the Jan 6 vote count on the day. A House member did challenge the vote count from Arizona and got a co-signature from a senator. Also, Rep Marjorie Greene challenged the vote count from Michigan, but she failed to get a senator to co-sign. Then a Rep challenged the Pennsylvania count and did get a co-signer.
Thus the votes of the two properly challenged states, Arizona and Pennsylvania, were debated for hours late into the night of Jan 6 and continuing to the wee hours of Jan 7, 2021. A full vote was then taken, and neither challenge won a majority, so the 302 became the qualifying electoral votes for Joe Biden to enter the White House a fortnight later.
As I have consistently said, Biden is the legitimate president BECAUSE THE CONSTITUTION WAS FOLLOWED. There is no other way to determine legitimacy in this country.
Personally, I feel confident that the material in Dinesh D’Souza’s movie 2,000 Mules is correct, and I think Mike Lindell’s two-hour documentary contains ample evidence of cheating on November 3, 2020. So what does this tell us? It tells us that all sorts of politicians, judges, and some citizens are disgusting. They commit fraud and worse. We can, at any moment, haul them in for punishment.
And we should.
But now to what may be scandalizing some NH Republicans at the moment. Yesterday’s newspaper made it sound like Don Bolduc had campaigned on the promise of “I love D’Souza and Lindell” (so to speak), but then, about 13 and a half minutes after he was hailed the primary’s nominee for US senator, said, “Ha ha, kidding; Biden’s my prez.” So to speak.
I presently think Bolduc can bolduck his way out of the “scandal.” He is CORRECT in holding both positions — that there was fraud and that the election was legal. See?
After the Victory Party at Grappone Centre (see my article), I spoke to Senator General in the parking lot around 10 am. He, with dog, said, “Where’s my wife?” Later that evening, when I heard from CNN (aka God) that Bolduc had turned 180 degrees on his story, I immediately thought he had been intimidated into it.
That’s how my brain works. In fact, I wondered if “Where’s my wife?” could have indicated that the Bad Guys had kidnapped her straight out of the Victory Party to use as a human shield — so to speak. They do this. They are ruthless. I figured maybe they told him to retract his claim “or else.”
(On rereading CNN and NPR’s news, I reckon they just word-twisted as usual. God help us.)
Anyone wanting to deal with the above is welcome to email me at MaxwellMaryLLb@gmail.com. We can meet by the bay in Concord. No bay in Concord? OK, we can meet at my house. Or at the fish counter in Hannaford’s. Whatever. Trust me — if enough people cared, there could be a happy ending to “the stolen election.”
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