Dan Schultz: State Legislators Have Absolute Constitutional Right to Ignore Fraudulent Public Vote and Choose Electors As They Please . . .

Cultural Intelligence, Ethics, Government

Briefly, here is an outline of a strategy to have the Arizona Republican House and Senate members publicly reclaim their plenary power granted by the U.S. Constitution to choose Arizona’s presidential electors.  Let’s assume that ALL Republicans in the AZ House and Senate do this.

Article II, section 1, clause 2 gives plenary authority (that is, directly to the legislature from the supreme law of the land, the U.S. Constitution) to the state legislatures to appoint presidential electors:

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: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.


Bush v. Gore recognized that

[t]he individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the electoral college.  U. S. Const., Art. II, § 1.  This is the source for the statement in McPherson v. Blacker, 146 U. S. 1, 35 (1892), that the state legislature’s power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by state legislatures in several States for many years after the framing of our Constitution.  Id., at 28-33.  History has now favored the voter, and in each of the several States the citizens themselves vote for Presidential electors. . . . The State, of course, after granting the franchise in the special context of Article II, can take back the power to appoint electors.  See id., at 35 (“’[T]here is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated’”) (quoting S. Rep. No. 395, 43d Cong., 1st Sess., 9 (1874)).


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