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Arkansas Blue's avatar

Cheating is the only way fascists ever win majorities in countrywide elections. It started in 2000 with Al Gore vs. W, continued on with the McConnell/Roberts inferior court, and it will continue in that vein, until there are no more pesky Democratic voters

Jack Jordan's avatar

Very important points! This article and partisan gerrymandering and the SCOTUS majority's deceitful efforts to convince us that it is constitutional accentuate how SCOTUS justices lied to us in Trump v. Anderson (regarding the power of states to control state elections).

Trump v. Anderson was founded on at least two lies. One was the obvious fairytale-type falsehood that all "federal officers" '‘owe their existence and functions to the united voice of the whole, not of a portion, of the people.' ” That's obviously false in multiple respects. In no election do "the whole people" speak with a "united voice."

No president since George Washington can even potentially plausibly claim to have been elected by "the united voice of the whole" of "the people." As every election for national office highlights, the multitude of voters clearly do not speak with one voice. Many people do not speak (vote) at all. Moreover, we clearly have no national election.

Every election in which voters vote and that culminates in or contributes to a federal employee being elected is a state election. As states like Texas, Missouri, North Carolina, Ohio and Utah have highlighted recently, state legislatures make state laws, e.g., governing who can vote and where they can vote (including redistricting/gerrymandering) to determine how the president is chosen. The president clearly is not chosen by "the united voice of the whole" of "the people."

As Article II established clearly, the president must be chosen by the votes of state electors. State electors must be chosen according to state law and their votes are expected (or required) to reflect (according to state law) the votes of state voters who often have been corralled into districts by state legislators.

Article II of our Constitution proves the truth of Madison's statement in The Federalist No. 45 that "Without the intervention of the State legislatures, the President of the United States cannot be elected at all. [State legislatures] must in all cases have a great share in [the president's] appointment, and will, perhaps, in most cases, of themselves determine it."

Another obvious falsehood by SCOTUS justices in Trump v. Anderson was that "powers over [the] election" of the president "must be specifically 'delegated to, rather than reserved by, the States.' ” That contention was clearly contrary to the plain text of our Constitution. Our original Constitution was amended very promptly to identify and distinguish "delegated" powers from "reserved" powers in the Tenth Amendment. It's not even plausible that any SCOTUS justice, much less all SCOTUS justices, failed to grasp the significance of the plain text of the single sentence of the Tenth Amendment.

The Tenth Amendment summarized our Constitution in a single sentence: "by the Constitution" We the People "delegated to the United States" limited "powers;" We "prohibited by it [our Constitution] to the States" certain powers; We "reserved to the States" certain specific powers and general powers; and We "reserved" to "the people" the remaining powers.

Stated another way, the Tenth Amendment emphasized that all powers relevant here were "reserved to the States" except to the extent that our Constitution "delegated" limited powers "to the United States" government or "prohibited" certain powers "to the States."

State legislators are actively working to use partisan gerrymandering to rig not only the upcoming congressional elections, but also the next presidential election.

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