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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