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Wednesday, August 25, 2021

About The Attempted Federal Takeover Of Elections

I can see that readers are aware that the Dem House passed their longed for Federal takeover of elections--authority which the Constitution explicitly reserves to the States. There's a brief article on this at American Greatness:


House of Representatives Passes Bill That Would Enable Federal Control Over State Elections


Here are some relevant excerpts:


The bill passed along party lines in the lower chamber, by a margin of 219-212. No Republicans voted in favor of the bill, which is named after the far-left Georgia congressman who died in office last year. The bill seeks to restore a statute from the original 1965 Voting Rights Act that had been struck down by the Supreme Court in 2013; the statute would permit the federal government to conduct its own review of local and statewide election laws and procedures if the state is considered to have “a history of voter discrimination.”

In the 2013 decision, Shelby v. Holder, the nation’s highest court ruled that demanding the states first seek permission from the federal government before changing voting laws was unconstitutional.

...

The bill now heads to the evenly-divided United States Senate, where Republicans are just as opposed to the bill as House Republicans were. Even several moderate Democrats have questioned the integrity of the bill, thus putting its future in doubt.


Shelby v. Holder was a 6-3 decision and is based in the constitutional principle of federalism:


The Court held that Section 4(b) exceeded Congress's power to enforce the Fourteenth and Fifteenth Amendments, reasoning that the coverage formula conflicts with the constitutional principles of federalism and "equal sovereignty of the states" because the disparate treatment of the states is "based on 40-year-old facts having no logical relationship to the present day" and thus is not responsive to current needs.


If I'm correct that Roberts is attempting to pursue a strategy of encouraging the States to police their own elections as envisioned in the Constitution, then Pelosi's bill--even should it pass the Senate--would likely by struck down by the SCOTUS. Hopefully it won't come to that and hopefully I'm right about The Roberts Strategy, but this prospect is undoubtedly the reason that the Dems are desperately seeking to keep Zhou and Kama Sutra in place for the time being--to pass the bill on a 51-50 Senate vote if necessary and then get it signed. 

Meanwhile, at home and abroad, and just because:




9 comments:

  1. None of my usual legal experts has weighed in yet.

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  2. They must be so scared of the people.

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    Replies
    1. What people? We don't exist for them. Neither does reality.

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    2. Why? What cause have we given them to be afraid of us?

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  3. The "John Lewis" bill is the equivalent of a teenager saying the same thing over and over again, each time a little louder. The result remains the same but the teenager keeps thinking they are not being heard. The scary part of that is this applies to much of what the left is pushing. I hope the silent majority can act as the parents and just say no via the next elections and recalls.
    Steve M

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  4. Took a while to get there, but looks like Wisconsin will get their forensic audit now:
    https://twitter.com/SpeakerVos/status/1430593994048823300

    Still waiting on AZ to disclose anything on their audit. Any news at all on the audit front could put the kibosh on the Dems' attempts to cram through federalizing the elections.

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  5. Wouldn't the senate be able to filibuster this? Unless it's infrastructure too? /s

    I see the D's in a desperate ploy to secure an win next Fall with this, mail in ballots from the ongoing Delta scare, hiding any possibility that there was egregious cheating in the last election and maybe another gimmick or two to make sure they always keep the ball.

    example: https://thedcpatriot.com/why-did-douglas-county-nevada-just-delete-82-of-2020-voters-off-their-rolls-2/

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  6. It wouldn't surprise me in the least if McConnell found some of his usual ilk to let this slip through. In all honesty the states are so messed up with their in ability to self correct / self regulate I don't much faith in us getting the holes plug.

    Many of these crazy theories of some mass networking hacks (China, etc) type things are wrong. The exploits are much simpler county and state level jobs.

    People do not understand ERP / EMS implementation and best practices, they are OPTIONAL. The number one failure of all of them isn't software flaws, it's human fingers and exploitation.

    We should have seen very strong expert driven election integrity bills FLYING in states. Instead they have been meager at best and in some cases like Georgia have actually made it worse.

    Exploit the ignorant, manipulate the masses, baffle all with fake political strife, blame the wrong parties and keep the masses believing they have a "choice".

    Works like a charm! As the faithful say, God help us all!!

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  7. Devilman you are going to need to refute Dr. Franks findings a little more in detail for me to go with you. What's more he has been walking the walk since November and has met with 10-12 counties, friendly counties who gave him their data and he confirmed his findings. You can't manipulate a broad system with human beings but you can with a computer. The local human error was all these county election officials ignorance regarding wireless networking, believing their systems were "air-gapped" nit understanding that it's being remotely controlled with an onboard wireless adapter, INSIDE. You are I may not have been fooled but I'll bet Dominion sold these counties on "managed services". Dominion will take care of all the techy stuff so you can just worry about counting ballots. Take a gander at the Dr. Frank prezzo on CTH and then tell me how this wasn't centrally controlled. Mark A

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