by Ren Jander, ©2020
(Dec. 8, 2020) — I woke up this morning to a more awakened America. Thanks to The Gateway Pundit for featuring my research. And thanks to the Natural Born Citizen blog for handling the good questions generated in the 900 comments at TGP. They quoted a key passage from the unanimous opinion of the United States Supreme Court in Mcpherson v. Blacker, and this led me to take another look at this paramount precedent concerning plenary authority of the State Legislatures. And it’s having a revolutionary effect on strategy for members of the relevant State Legislatures to go forward and appoint electors.
I am now strongly encouraging that brave State Legislature members, like Mark Finchem in Arizona, and the four patriotic State Legislature members in Georgia, Senators Dolezal, Ligon, Beach and Jones, move forward appointing electors in those districts where they have a majority, not waiting for the whole chamber to agree. Why do I think they can do that? Because the Supreme Court has recognized this manner of appointing electors in McPherson v. Blacker:
“The final result seems to have reconciled contrariety of views by leaving it to the state legislatures to appoint directly by joint ballot or concurrent separate action, or through popular election by districts or by general ticket, or as otherwise might be directed.
“Therefore, on reference to contemporaneous and subsequent action under the clause, we should expect to find, as we do, that various modes of choosing the electors were pursued, as, by the legislature itself on joint ballot; by the legislature through a concurrent vote of the two houses; by vote of the people for a general ticket; by vote of the people in districts; by choice partly by the people voting in districts and partly by the legislature; by choice by the legislature from candidates voted for by the people in districts; and in other ways, as, notably, by North Carolina in 1792, and Tennessee in 1796 and 1800. No question was raised as to the power of the State to appoint, in any mode its legislature saw fit to adopt, and none that a single method, applicable without exception, must be pursued in the absence of an amendment to the Constitution.”
If you can’t get a majority in one chamber or the other, it can be done by “Joint Ballot”, which is a parliamentary procedure of both houses voting as one chamber, and all you need is a quorum.
Alternatively, if you can get neither a joint ballot or concurring House and Senate, then if you have a majority joint ballot of Reps and Senators in separate districts, McPherson v. Blacker mentions splitting the electors, part by general election and part by the Legislature appointing directly. If your constituents are behind you, then join together in your separate districts; have your chosen electors meet anywhere in your States on December 14th; take their votes; send your district slates to Congress; and let Congress figure out what to do. Sue any Executive Branch obstacle for Writ of Prohibition that gets in your way, but they won’t sue you, because they will lose. You have plenary authority. Until SCOTUS stops you, nobody else can.
Send your district slates, cause havoc at the Electoral College, but at least this havoc is legal, sanctioned by SCOTUS, and it will be done to combat rampant unchecked fraud. Havoc at the Electoral College is nothing new. It’s downright American. Better that than getting clubbed to death in the middle of the night.
Ren Jander, J.D
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