It starts with the state legislatures. They must send in dueling ballots.
The system is clear on this. Only one body can declare anything unconstitutional, that body has failed its duty. Pence has no constitutional authority to declare any matter of fact. As an agent of both the executive (law enforcement) and legislative (law builders) he can enforce a lawful declaration or act as tie-breaker in any legislative conflict but he cannot declare a finding of fact.
This is literally western law 101, and the direct function of the separation of powers enumerated in the founding documents of this great Republic.
He must be presented with dueling ballots, thus triggering his legislative authority as president of the senate to settle the constitutional legislative conflict, and only certify one of the 2 ballots, or set them both aside at his sole discretion.
This is why it is absolutely without a doubt time to demand that the 7 contested state legislatures do their constitutional and moral duty and send electors for Trump to be counted.
Dual electors were sent from all of the states in question. This was done (I think) two weeks ago on the last day it could be done.
The only way those can be ignored (on the grounds that they were not sent by a majority of their legislatures) and accept the Biden slates, is to simultaneously ignore that the same legislatures laws about their elections were not adhered to, thus making those electors invalid as well.
Either way, the damage is done. Neither slate of electors is constitutional. Pence can simply disregard all of them, and should if he is to follow the Constitution.
As far as federal laws (Acts) go, they cannot override the Constitutional framework in place.
When it comes to state legislatures, I think we are past the point where they could intervene, even if they wanted to. They all sent unconstitutional slates of electors and there are no "givsies backsies".
It starts with the state legislatures. They must send in dueling ballots.
The system is clear on this. Only one body can declare anything unconstitutional, that body has failed its duty. Pence has no constitutional authority to declare any matter of fact. As an agent of both the executive (law enforcement) and legislative (law builders) he can enforce a lawful declaration or act as tie-breaker in any legislative conflict but he cannot declare a finding of fact.
This is literally western law 101, and the direct function of the separation of powers enumerated in the founding documents of this great Republic.
He must be presented with dueling ballots, thus triggering his legislative authority as president of the senate to settle the constitutional legislative conflict, and only certify one of the 2 ballots, or set them both aside at his sole discretion.
This is why it is absolutely without a doubt time to demand that the 7 contested state legislatures do their constitutional and moral duty and send electors for Trump to be counted.
The VP can only act if the states act.
Dual electors were sent from all of the states in question. This was done (I think) two weeks ago on the last day it could be done.
The only way those can be ignored (on the grounds that they were not sent by a majority of their legislatures) and accept the Biden slates, is to simultaneously ignore that the same legislatures laws about their elections were not adhered to, thus making those electors invalid as well.
Either way, the damage is done. Neither slate of electors is constitutional. Pence can simply disregard all of them, and should if he is to follow the Constitution.
As far as federal laws (Acts) go, they cannot override the Constitutional framework in place.
When it comes to state legislatures, I think we are past the point where they could intervene, even if they wanted to. They all sent unconstitutional slates of electors and there are no "givsies backsies".
No state has officially sent dual electors. Also, 12th amendment does not give VP power to disregard electors.