The Fix is in, even if Biden wins, he loses.

[fskimospy]

From legislating, which isn't the issue at hand. Any attempt to change the way electors are selected after the election already determined them would violate the ex post facto provisions of the Constitution.

So you’re saying an unenumerated power overrides an enumerated one? Maybe, but that’s far from certain.

 

[fskimospy]

The legislatures have already selected the manner and have passed laws dictating this manner. Thomas might go along with this scheme, but I don't see any of the other current justices going along with it, especially after the election.

Right, but what’s to stop them from selecting another one whenever they feel like it?

 

[Zorba]

Right, but what’s to stop them from selecting another one whenever they feel like it?

I think they likely could prior to the election, but not after the fact. If they could change after the fact, someone would'v done it by now.

 

[fskimospy]

I think they likely could prior to the election, but not after the fact. If they could change after the fact, someone would'v done it by now.

Serious question, why can’t they? The constitution says electors are chosen in the manner the legislature directs, it gives no time period.

I agree it’s scummy and would effectively amount to a coup but it seems one that would be technically legal.

 

[HomerJS]

So what? The rules in place at the time of an election are the only rules that apply to that election.

However from Bush V Gore

the Supreme Court affirmed in Bush v. Gore that a state “can take back the power to appoint electors.” How and when a state might do so has not been tested for well over a century.

So a state may be able to change elector rules from the popular vote

 

[Zorba]

Serious question, why can’t they? The constitution says electors are chosen in the manner the legislature directs, it gives no time period.

I agree it’s scummy and would effectively amount to a coup but it seems one that would be technically legal.

Because they already selected the manner, which includes the date and method of the decision. They can't come and change that after the date has passed because retroactively applying laws in against the constitution.

 

[Jhhnn]

So you’re saying an unenumerated power overrides an enumerated one? Maybe, but that’s far from certain.

220 years of judicial precedent establish that ex post facto legislation is not allowed at any level.

 

[Indus]

Read this and look at their strategy:

https://amgreatness.com/2020/09/22/in-michigan-and-pennsylvania-the-democrats-plan-to-cheat/

 

[UNCjigga]

Those constraints were made law by prior legislatures. They already chose for their successors. It can be changed, but not after the fact. If they just left it to the current legislators the President wouldn't even be on the ballot.

I’m new to this and definitely not an expert, but it seems Bush v. Gore affirms that states may change the slate of electors after the election.

Also, Constitutionally it doesn’t seem like states are actually bound to the popular vote when it comes to picking electors. State laws may vary on what’s permissible, but even then it seems that state legislatures could theoretically pass a law between November 4 and December 9 that changes how electors are selected.

 

[fskimospy]

220 years of judicial precedent establish that ex post facto legislation is not allowed at any level.

Where do you see them going and attempting to re-award electors after they have been awarded?

 

[fskimospy]

I’m new to this and definitely not an expert, but it seems Bush v. Gore affirms that states may change the slate of electors after the election.

Also, Constitutionally it doesn’t seem like states are actually bound to the popular vote when it comes to picking electors. State laws may vary on what’s permissible, but even then it seems that state legislatures could theoretically pass a law between November 4 and December 9 that changes how electors are selected.

Yes, by his argument after December 9th they couldn’t be taken back, which is probably true, but they can probably alter how they are awarded after the election.

 

[BUTCH1]

Another interesting and frightening write up about this in the Atlantic, https://www.theatlantic.com/magazine/archive/2020/11/what-if-trump-refuses-concede/616424/

 

[pcgeek11]

What? You did not see this coming?
He is going to do WHATEVER it takes.
4 more years means GOP4Ever.
Suck it libtards.

The Trump Campaign Is Reportedly Plotting an Election Coup to “Bypass” a Biden Win

How Republican-controlled state legislatures could be used to circumvent the results of the election and ensure a Trump victory.

www.vanityfair.com

Here:

Living Facts

The Pew Charitable Trusts created the Living Facts initiative in March 2019 to share facts about America and Americans today, with the goal of informing and inspiring people eager to learn about and understand the country and its citizens. Living Facts disseminated nonpartisan data, quizzes...

www.livingfacts.org

 

[hal2kilo]

What's crazy, this is totally out in the open. Both Lindsay and Trump freely admit to the strategy. I'm sure our Trump water carriers thinks this is just fine, all on the up and up.

Trump just can't keep a secret — especially when it comes to his plans to stage a coup - Salon.com

President Stable Genius tells lots of lies — but keeps telling us the truth about his evil election schemes

www.salon.com

 

[Jhhnn]

I’m new to this and definitely not an expert, but it seems Bush v. Gore affirms that states may change the slate of electors after the election.

Also, Constitutionally it doesn’t seem like states are actually bound to the popular vote when it comes to picking electors. State laws may vary on what’s permissible, but even then it seems that state legislatures could theoretically pass a law between November 4 and December 9 that changes how electors are selected.

They can change the selection within the confines of existing law but they can't change the law governing the selection after the fact. It's patently unconstitutional. Colorado, where I live, is likely typical-

A4. Following the presidential election, Colorado's nine designated electors meet in the Governor's office to cast their votes for president and vice president. Under current Colorado law, each presidential elector must vote for the presidential and vice presidential candidates who received the highest number of votes in Colorado's General Election.

Electoral College FAQs

And who spawned this ridiculous conspiracy theory, anyway? Republican operatives. Don't buy in to the bullshit.

 

[VRAMdemon]

He has definitely has made it clear that he intends to try a judiciary coup. I'd say that he will eventually test it. Just saying the quiet part out loud has some kind of specific purpose in his mind. In a democracy, coups occur with consent of the governed. I don’t mean that 100% of the people consent, but the consent of their constituencies who support them - the consent of the faction. It’s the consent of the faction that is driving the Republican assault on democracy. In much the same way that ‘reasonable’ Republicans assumed that they could control Trump and use him for their purposes ended up being devoured by Trumpism, the same is going to be true of the voters.

But the court will not just blindly hand him the election if he doesn’t have the votes. If they do you can call that the day democracy officially dies in America. I think the end game of appointing a new judge to the court as quickly as possible is not keeping Trump as President at all cost but to have a conservative packed Supreme Court as his and the Republican senates legacy.

Let’s say Election Day comes and goes and Biden appears to have won. But wait: the Trump Admin files a lawsuit in Pennsylvania, asking that all mail-in ballots be thrown out, because…reasons. What are the chances that that suit is decided by a federal appeals court judge appointed by Trump? Would that judge be required to recuse his/herself?

Repeat for Arizona, Florida, Ohio, Michigan, Wisconsin and North Carolina. Trump & McConnell have rammed through an ungodly number of federal judges…it seems like the odds would be pretty good.

 

[hal2kilo]

Fox and right wing media paving the way to make stealing an election seem reasonable.

Fox News built an "alternative reality" to allow Trump to steal the election: political scientist

“There’s an information ecosystem that is different than what everybody else in America is digesting"

www.salon.com

 

[Fanatical Meat]

An interesting work around to this assumed plot for Republican Governors sending Trump supporting EC voters regardless of the election results would be Blue State Governors don’t send any basically making it impossible to get to 270 EC votes.
To my non constitutional scholar mind that then leaves the House to decide whom is President and the Senate to decide whom is Vice President.
I believe the dates are absolutely certain in the Constitution as in “if a winner isnt decided by December whatever, Congress shall meet on Jan 6(?) to decide whom is President & Vice President”.

 

[Zorba]

An interesting work around to this assumed plot for Republican Governors sending Trump supporting EC voters regardless of the election results would be Blue State Governors don’t send any basically making it impossible to get to 270 EC votes.
To my non constitutional scholar mind that then leaves the House to decide whom is President and the Senate to decide whom is Vice President.
I believe the dates are absolutely certain in the Constitution as in “if a winner isnt decided by December whatever, Congress shall meet on Jan 6(?) to decide whom is President & Vice President”.

The problem is, the house votes by state, Republicans have more states in the house than Democrats, because the constitution values land more than people.

 

[Muse]

Problem is Americans are weak. We've had it too good. Now, most Americans will just ignore what happens and TBH many just don't care. But, this is how democracy ends. No country, not even America can withstand a President who runs roughshod over the constitution, and who doesn't abide to the laws. Imagine if Barack attempted this? If this happens we are probably witnessing the end of America. If that is the case EVERYONE will be affected.

If it happens I will seriously be thinking about relocating to a country I can respect.

 

[brandonbull]

Trump and his Repub lackeys are trying to rig an election that they are predicting will be a rigged election.

Who knew that they could be so honest about what they're trying to do huh?

Stupid rigged elections.

Feds, In Unusual Statement, Announce They're Investigating A Few Discarded Ballots

Federal authorities say they've been asked to look into the discovery of some mailed ballots in Pennsylvania, an announcement that has appalled former Justice Department officials and voting experts.

www.npr.org

 

[cytg111]

Stupid rigged elections.

Feds, In Unusual Statement, Announce They're Investigating A Few Discarded Ballots

Federal authorities say they've been asked to look into the discovery of some mailed ballots in Pennsylvania, an announcement that has appalled former Justice Department officials and voting experts.

www.npr.org

Listen carefully. Thats the sound of your country going down the shitter.

 

[nOOky]

I think the word really needs to get out, especially among younger apathetic voters, to get their asses out and vote in person. Early returns suggesting Trump is way behind will help diminish the narrative of him winning early, but losing due to later "rigged" mail in votes for Biden. I'm all for mail in voting, but this time I will stand in line all day on 11-3-2020 to cast my ballot if need be.

I actually agree with some of the stupid Trump memes on FB, if you can go to Walmart you can vote in person. Especially this time. HTFU.

 

[Muse]

I think the word really needs to get out, especially among younger apathetic voters, to get their asses out and vote in person. Early returns suggesting Trump is way behind will help diminish the narrative of him winning early, but losing due to later "rigged" mail in votes for Biden. I'm all for mail in voting, but this time I will stand in line all day on 11-3-2020 to cast my ballot if need be.

I actually agree with some of the stupid Trump memes on FB, if you can go to Walmart you can vote in person. Especially this time. HTFU.

Except I'm not going to Walmart. But I'm in CA and if CA goes to Trump or Trump even tries to wrangle CA electoral votes, there will be blood. This guy's legacy will be contempt, pure and simple. Trump's going to be the poster boy for what not to do with your life.

 

[sportage]

Here's an scenario from hell for Donald Trump. Trump steals the election with stopping ballots being counted or thru his stacked supreme court. Then, democrats take back the senate. I see another impeachment but this time it works.