State Legislatures Must Act to Prevent National Turmoil Legislatures are not bound by State Constitutions when it comes to certifying Presidential Elections
Some State legislatures wrongly believe that their state constitution requires their Governor to call them into session before they can act to certify (or decertify) Presidential Electors. While a governor's action may be required for state matters, it cannot be a requirement when it comes to any legislature's obligations under the US Constitution. Consequently, the state legislature of any state with significant evidence of unlawful actions impacting the selection of Presidential Electors must meet without delay and act to decertify tainted Electors who voted on December 14.
There is a false belief among members of some State legislatures that their state constitution requires their Governor to call them into session before they can act to certify (or decertify) Presidential Electors. These legislators are sorely mistaken.
While a governor's action may be required for a state legislature to come into session for state matters, no provision of a state constitution (or law) can prevent their legislature from meeting to certify (or decertify) that state's Presidential Electors. Since the state legislature's power over the choosing of Presidential Electors is clearly established by the Constitution of the United States, that power is superior to any provision of a state constitution.
Since state legislatures have exclusive power over choosing and certifying Presidential Electors, by its very nature that process supersedes any provision of a state constitution. To believe otherwise is to give a state governor power to supersede the US Constitution, a clearly unconstitutional interpretation. State governors possess no such authority and cannot prevent state legislatures from meeting to fulfill their responsibility under the US Constitution.
There is substantial compelling evidence that at least six "swing" states (Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin) allowed illegal procedures during tallying of ballots, and failed to adhere to the clear deadlines and limitations of absentee/mail-in voting established by state legislatures and constitutions. It is the constitutional obligation of those state legislatures to meet in session to take action prior to noon on January sixth to decertify Electoral College votes of tainted Electors whose election was determined by illegally-counted ballots.
Under Article II, Section 1, of our US Constitution, state legislatures have the absolute authority to certify an alternate set of electors if in their best judgement there is clear evidence that had their election provisions been followed, the legal vote would clearly establish the alternate Electors as the choice of the people of their respective states. Indeed, the Legislatures could find the elections so deeply flawed for failure to follow their election law, they could simply decide among themselves to select their own slate of Electors.
In short, the US Constitution, by giving state legislatures absolute authority over the selection of Presidential Electors, has given state legislatures the unrestricted authority to meet in session prior to January sixth to prevent an electoral coup d'état that would do irreparable harm to this nation, possibly ending any chance that future elections would be free of massive fraud. No governor's action is required for state legislatures to fulfill their obligations under our US Constitution.
Will state legislators do the right thing by fulfilling their constitutional obligation to prevent the chaos and damage that will ensue should they fail to take immediate action to correct the impact of brazen violations of their election laws?
The six state legislatures named above are all in the control of the Republican Party. Should they fail to take immediate action to decertify the illegally-certified Electors, the decline and fall of our Constitutional Republic will be squarely on their shoulders.
Bob Webster, a 12th-generation descendent of both the Darte family (Connecticut, 1630s) and the Webster family (Massachusetts, 1630s) is a descendant of Daniel Webster's father, Revolutionary War patriot Ebenezer Webster, who served with General Washington. Bob has always had a strong interest in early American history, our Constitution, U.S. politics, and law. Politically he is a constitutional republican with objectivist and libertarian roots. He has faith in the ultimate triumph of truth and reason over deception and emotion. He is a strong believer in our Constitution as written and views the abandonment of constitutional restraint by the regressive Progressive movement as a great danger to our Republic. His favorite novel is Atlas Shrugged by Ayn Rand and believes it should be required reading for all high school students so they can appreciate the cost of tolerating the growth of unconstitutional crushingly powerful central government. He strongly believes, as our Constitution enshrines, that the interests of the individual should be held superior to the interests of the state.
A lifelong interest in meteorology and climatology spurred his strong interest in science. Bob earned his degree in Mathematics at Virginia Tech, graduating in 1964.