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I believe that Donald Trump’s decision to attack the lawfully certified Electoral College results and to ignore the rulings of our courts was an assault on the structural constitutional safeguards that keep us free.
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we compiled a 21-page memorandum that spelled it out succinctly. The simple conclusion: Congress does not have the authority to undo an election by refusing to count state-certified electoral votes. Period.
As the Constitution requires, Congress’s role in this specific context is ministerial only: Congress counts the certified electoral votes. The 12th Amendment is very clear in these circumstances: “The President of the Senate shall, in the presence of the Senate and House of Representatives,
In addition to the constitutional text, the Electoral Count Act of 1887 made clear that Congress was obligated to accept as “conclusive” each governor’s official certification of the election outcome in their respective state. Congress had received only one official certified electoral slate from each state; those certifications were conclusive.1 After
Over in the Senate on January 2, Ted Cruz, along with Senators Blackburn, Braun, Daines, Johnson, Kennedy, and Lankford—as well as Senators-elect Hagerty, Lummis, Marshall, and Tuberville—announced that they would object to electors from “disputed states.” They released a joint statement containing no evidence of any fraud or irregularities. Nor did they name the states whose electors they would be voting to throw out, saying instead that they would “reject the electors from disputed states.” They would be doing so because of the “unprecedented allegations” of fraud and irregularities in the
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