Can We Overturn The 2020 Election?

As we scan all the usual places, we are hearing people that are saying that Trump will be back as the President by such and such a date. I hate to be the water on their great fire. However, alas, I must be.

You see there is this pesky little document called the constitution. And it tells us how the President is elected. A hint? It is NOT by the people. The states and their legislatures select the President. How they get there is up to them.  Their legislatures could simply say, here vote this way.  Or they could let the various house representatives choose. There is NOTHING in the constitution that says the people elect the President. (believe it or not, the President is supposed to be the least among the branches. he is only supposed to be the executive officer).

The constitution says the electors of the various states will elect the president by a majority of qualified electors.(it doesnt have to be 270 either). Then the senate will accept those votes from the electors and verify they are legal (no more) and declare the President. The senate is no more than that of your local electoral board. UNLESS, there is an issue where the electors can not come to a majority.(odd statement that huh???) It is at that point the house and the senate pick and choose the President and Vice President.

So given all this, there is no way to invalidate the selection of the President after the senate has approved it. (that I know of constitutionally).

Now would I like to get back to what the founders wanted? Yes I would love to get rid of this winner takes all from the states, and go back to each legislative district chooses their own electors. This may have the effect of disarming states that have cities that control the vote of the state. ex: NJ, where we have 5 or 6 districts that outnumber the votes from the rest of the state deciding NJ’s total vote. Yes the framers wanted this, why do you think we have the electoral college? they could have said each state gets 1 vote. No, they created the electors so that smaller areas would have the same say as larger ones. Parties get to control states by clumping all into one. I wish this would change. I know it wont.

Oh yeah,  let me answer the original question. Can we overturn the 2020 election? NO!

However if fraud is determined in the elections, congress and local representation could be changed and that might be more important.

 

Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, 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: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List 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 shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

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.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

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