The Presidency Could Still Go Either Way. Here’s How Trump Could Still Win
Republicans like Kellyanne Conway and supposed conservative publications are bending the knee to a Biden win. They are calling for Trump to concede. Meanwhile, millions of Americans are fixated on the merits of the election cases before the US Supreme Court.
But in reality, there are several paths being ignored that could change the election results. We could still see President Trump return to the White House.
The Presidency Can Go Either Way
Constitutionally speaking, there are still 3 inflection points in this process where the Presidency can go either way. The options get more interesting as more details emerge.
The first scenario has been gaining steam, but the window is closing rapidly. State Legislatures should fulfill their duty under Article 2, Section 1 of the Constitution. They should choose the electors themselves. The Supreme Court has affirmed this power over and over again. There are uncertain outcomes in several states, even now. So, this is the only sure way of a state being represented in the Electoral College in January. The legislatures of PA, GA, MI, WI, and AZ should do this. Based on the lawlessness of democrat election officials and the overwhelming evidence of fraud, these Republican majority legislatures should award their electors whom they believe, based on the evidence, won the election.
State Legislators Push to Choose the Electors
When some Constitutional scholars first talked about this weeks ago, everyone scoffed. But dozens of legislators are now pushing for this option. That’s because the hearings in several states, like GA, have highlighted just how bad the election was compromised. Unfortunately, several poorly informed members of the leadership in these states do not understand this Constitutional authority and history. They are blocking this logical solution to the chaos. While brazen, shameless audacity abounds among Democrats, the Republican response of the day is too often cowardice and timidity. These Republican legislators fail to realize that to not act is to endorse the lawlessness that has occurred.
The Supreme Court Can Decide
The next option is the Supreme Court can do its job. It can protect the Constitution and rule of law. This option does not actually depend on the widespread fraud allegations. It deals more with the black and white question of whether election officials in a state can change election laws without the approval of the state legislature. Government executives have become so accustomed to being COVID dictators with no accountability. It carried over into the election laws being changed on a whim by people with zero authority to do so.
Just one example of this is Pennsylvania. Pennsylvania decided to extend the deadline for receiving ballots. The lawsuit from Texas, now joined by other states, adds that these actions by states like Pennsylvania violated the 14th Amendment. It defrauded the voters in other states. The Supreme Court has indicated they will take up this issue and it could be a game changer.
Prior to 2020, the courts have been acting in ways they were never given authority to act. However, throughout 2020, the courts have failed to do their one actual job in protecting the Constitutional rights of Americans. They have also failed to protect the republican form of government guaranteed by Article 4, Section 4. The Supreme Court could end the year with another swing and a miss, or it could begin the process of restoring our Constitutional Republic and the rule of law.
Congress Can Uphold the Constitution
The final option is the one that could be the most interesting and the most chaotic. This option involves Congress doing its job and upholding the Constitution. It meets in a Joint Session on Jan. 6th to open and count the Electoral College votes. The process involved is laid out in the 12th Amendment and further detailed in federal law. The action begins once any objection is raised by at least one Senator and one Member of the House. Seventy-Eight State Legislators from PA have asked their Senators and House Members to do exactly this. But any Senator from any state and any House Member from any state can be the ones to object. They’ve done this several times over the years, including as recently as 2005 and 1969.
These legal remedies and Constitutional processes are absolutely essential to preserving our electoral system and preventing unlawful actions of petty tyrants from using chaos to undermine the entire Constitutional Republic.
Once the objection is filed, the Joint Session recesses so the Senators can return to the Senate and debate the issue. The House Members do the same. This option would bring a lot of fireworks. It would play out more like the English Parliament as portrayed on SNL than the typical CSPAN coverage of a boring Congressional debate.
Anything Could Happen
With a very narrow Republican majority in the Senate and a very narrow Democrat majority in the House, anything could happen. However, most likely the Senate will uphold objections and the House will reject the objections. Scholars agree that federal law on what to do next is confusing at best, and perhaps even impractical. The big uncertainty will be whether the Senate alone rejecting is enough, which was the case prior to the 1888 federal law in question.
Part of that confusion stems from the fact that the counting of the electoral votes is governed by the Constitution. So, Article 2, Section 1.2 would supersede any federal statute. Some experts argue that the process can be modified by the added federal statutes, but this question has yet to be answered.
Preserving the Electoral System
If enough electors are rejected that no candidate gets to the magic 270, the 12th Amendment would then give the final decision to the state delegations in the U.S. House choosing the president. The U.S. Senate would vote to elect the vice president. If that happens, President Trump and VP Pence will have four more years.
So, when Republican talking heads cave to the pressure and say it’s just time to move on, remember one thing: These legal remedies and Constitutional processes are absolutely essential to preserving our electoral system and preventing unlawful actions of petty tyrants from using chaos to undermine the entire Constitutional Republic.
Rick Green is a former Texas State Representative, national speaker, author, and radio host. He and his family travel the nation speaking on America’s forgotten history and heroes, with an emphasis on our moral, religious and constitutional heritage. Rick is the author and executive producer of Constitution Alive, America’s most engaging and entertaining study of the U.S. Constitution.