Let’s take a look at how a vague Constitutional process could have been handled in several ways, ways with precedence established, to prove proof to ‘we the people’ that the Senate body cared enough about the will of the people, to assure them that proper steps had been taken to ensure that a presidential election had not been stolen. One or more of the following steps were discussed, and could well have been taken.
It is tiring to constantly hear that the States Certified Election Results were a forgone conclusion, and that any problems found in the certifications, would automatically be the given states responsibility to rectify any fraudulent issues that were noted. And as a topper, having the joint Houses accept all states certifications does not end the discussion as to there being fraud or not. And for someone like former Senator Bob Corker to say that his party now has conspiracy theorist in the ranks, when there was obvious fraud at every level and in specifically the battleground states is in tolerable. And particularly when some 80M Americans believe their vote was stolen.
In 1877, just a few years after the end of the Civil War, a disputed election was resolved with a bipartisan electoral commission that put former Republican President Rutherford B. Hayes in the White House, but also ended most of the Reconstruction efforts aimed at enforcing the end of slavery and white supremacy in the South. The 1877 commission allowed Jim Crow laws to take hold in the South and remain for nearly a century later. But without much regard for that racist history, Cruz suggested today’s Congress follow 1877’s lead.
- The Vice President Pence have sent the Electors back to the States for clarification from the State Legislatures. Yes, I believe he could have, and it still would have been within the spirit and intent of the letter he released.
The state of Arizona was contested by a number of it’s states legislatures. In that instance VP Pence could have sent that vote to the actual accountable body, that state legislature to reaffirm the vote. The state’s legislative branch would have the Constitutional duty granted them to rectify the fraud ballots in the battleground states. The Navarro Report Volume 3 shows votes that were stolen in the battleground states for specifics on the 1.9M votes that were kept from President Trump’s total. Then add the 5% switched by the Dominion machines equal the total Trump vote count of 80M votes. Read the attachments for the full account.
- In one presidential election the Presiding Senate President, the current Vice President named himself President
It is conceivable that Vice President Pence could have rejected the contested states votes, and automatically chose President Donald Trump for his second term based on the below process.
The Constitution isn’t clear on the vote-counting process. Here’s all it says: “The President of the Senate shall, in the Presence of the Senate and the House of Representatives, open all the Certificates and the Votes shall then be Counted.” But what happens if the Senate president discovers a legal difficulty in a ballot submitted by a state? Although he is assigned to “open” the ballots, he is not expressly authorized to make a final judgment on the validity of the votes; and although vote-counting occurs in the “presence” of the two houses, they are not expressly granted any sort of decision-making authority in the event of a dispute. The Founders failed to provide clear rules for how to proceed in this situation—a high-stakes moment when passions might flare. The vote-counting ritual could easily end with a disputed ruling from the chair, bitter protest from Congress, and no clear decision on who had won election as the next President of the United States.
See: How Jefferson Counted Himself In Something was funny about the Georgia ballot during the 1800 election. Did Thomas Jefferson act properly in making himself President in 1801? A historical detective story.
The courts didn’t review affidavits or other evidence because they do not want to interfere in elections, for procedural petty reasons, and for a call of ‘standing’. How is it my vote in Texas can be deemed moot, because the election in another state is stolen? My vote was stolen or if you want – disenfranchised – it is as simple as that. And to say another state can’t bring a lawsuit when the election tally includes all states, it is ridiculous.
Reference:
Founders created Electoral College as a check to tyranny
State-by-state system makes it harder to steal elections, encourages coalition-building
The Constitutional Process Didn’t Stop Fraud; We Need to Do That (theepochtimes.com)