SC Justices Threaten to Change Voter Law - Violation of Article 1 Section IV
Some conservative justices on the
United States Supreme Court are threatening to change the Pennsylvania law on
voting after the fact. Of the three separate branches of the Federal Government
described in the Constitution, the only branch that is specifically empowered
to do that is the congress. Article I section IV provides, “The time place and
manner of holding elections for senators and Representatives shall be
prescribed in each state by the Legislative thereof; but the Congress may at
any time by law make or alter such regulations…”
By all rules of interpretation,
only congress can change state rules. The Congressional power is exclusive. Substituting
the opinions of five justices for the decision of both houses of Congress concerning
state voting rules shows a lack of respect for the founders of our country who
thought otherwise. There are many other prudential rules, which should convince
those justices to not give the election to Donald Trump.
1. They should care about the good
will of the court which they inherited.
2. They must not politicize the
court.
3. They should not change the
election rules during the election.
4. If they are textual interpreters
of the Constitution, as many of them say they are, the words could not be more
clear; “Congress may at any time.” The Supreme Court has no power over the
state rules.
5. The grasping of the most
important political power by five members of the same party will to some extent
destabilize our society.
6. Congress may rebel at the court’s
usurpation of its prerogatives. The congress has some jurisdictional powers
over the court system.
7. The house has the power to
impeach.
8. If I am interpreting Chief
Justice Robert intentions correctly, he will not vote for voter nullification.
The justices should follow his lead.
9. Every lawyer in this country
should weep for a system of justice that would allow such a theft.
10. To any justice who is thinking about giving the Presidency to Donald trump remember the poem by Robert Burns, “O would some power give us the gift to see ourselves as others see us.”
Copyright 2020 James J Brosnahan
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