January 7, 2021

PENCE ISSUE IS A DISTRACTION FROM THE REAL ISSUE OF DOES CONGRESS HAVE A BACKBONE: Lots of snarky back and forth among commenters here on Instapundit and elsewhere in the Right media in recent days regarding whether Vice President Mike Pence had the authority to exclude Electoral College votes for Biden in Wednesday’s Joint Session of Congress.

I suggest to folks on both sides of that issue that the more fundamental question is whether Congress has the authority to set aside a state’s Electoral College votes. In my view, there are two key aspects of the question:

First, is there sufficient evidence of fraud in states like Georgia, Pennsylvania, Arizona, and others to justify the decisions of Republican senators Ted Cruz of Texas and Josh Hawley of Missouri to register objections to the acceptance of their Electoral College votes? I haven’t had the opportunity to review all of the evidence for all of the allegations, but, as explained, for example, in this “American Thought Leaders” interview on The Epoch Times with the Data Integrity Group, the evidence of vote manipulation in multiple states is substantial and cries out for a critical investigation.

Second, Congress has an absolute right to set aside the Electoral College votes, according to President Abraham Lincoln, who told Congress on February 9, 1865, that “the two Houses of Congress, convened under the twelfth article of the Constitution, have complete power to exclude from counting all electoral votes deemed by them to be illegal, and it is not competent for the Executive to defeat or obstruct that power by a veto …”

The process seen in Wednesday’s Joint Session, interrupted as it was by the riot around and within the Capitol, was conducted as prescribed in the Constitution. Each properly framed and submitted objection to the acceptance of a state’s certified Electoral College votes gets two hours of debate in the Senate and the House, at the end of which members of both chambers vote on whether to accept or reject the objection.

Congress considered objections in 1969 (the “faithless elector” of North Carolina) and 2005 (Democrat objection to awarding Ohio’s votes to President George W. Bush) under this process and rejected the propositions. But Congress could have accepted the objections, which would have left Electoral College votes on the floor.

This reality should not surprise anybody who is familiar with the manner in which the Founders wrote the Constitution as a “legislative supremacy” document. So long as the Senate and House are of one will, Congress has, as Willmoore Kendal and George Carey wrote, “all of the ultimate weapons in any showdown with either of the other two branches.”

Congress doesn’t like a program or action favored by the President? Congress can defund it. To cite but two examples: Congress doesn’t like how the Supreme Court is ruling? Congress can change the composition of the Court. If Congress has the will, the Founders gave it the power to do pretty much as it pleases so long as it respects the Bill of Rights.

Bottom Line: There is substantial evidence that Congress could have relied upon, had it chosen to do so, in deciding to exclude the Electoral College votes of any of the challenged states Wednesday and thereby made either Joe Biden or Donald Trump our next Chief Executive.

Had I been a senator or representative Wednesday, I would have voted to uphold the challenges presented for Arizona and Pennsylvania (as well as those planned prior to the riot for Georgia, Michigan, Wisconsin and Nevada), on the basis of the Data Integrity Group’s statistical analysis, not because doing so would have given Trump another four years in office, but because somebody ought to go to jail after pulling off what is likely the biggest election theft in American history.

Either we have honest elections or we don’t.

UPDATE: Thanks to reader CptNerd for this link to much easier to read version of the full Lincoln quote. I used the Congressional Globe link because the whole page makes interesting, though difficult to decipher in places, reading.

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