Monday, August 2, 2021

Plenary yes-or-no



Merriam-Webster online defintion of "plenary"

The Constitution says that the various State Legislatures may direct the selection of electors. This has been described as a "plenary" power. What is this power? According the source above, it has two meanings 1) complete in every respect 2) fully attended or constituted by all entitled to be present.

Nowhere in the Constitution did I see anything about the executive branch of any state being empowered to deny any inquiry with respect to how the State Legislatures carry out this power. If the Legislatures have plenary power, then under what authority do these states refuse to cooperate with the Legislatures' requests for information? In Arizona, they are even defying the Legislature's subpoenas. It is not only the Legislature there, but also the Court being defied.

If the manner of the selection of the electors in a particular state do not satisfy that states' legislature, then how can it be said to have that power? Yet, if it doesn't have plenary power, then where in the Constitution does it say that it has to share power with any other branch in the government of that state? Not even the Courts have a say in it, it is directed by the legislatures of the States. The courts and executive are only granted their roles in elections; if they rebel, it is an usurpation of authority.

In other words, this is an ursurpation of power from the state legislatures to rebellious executive departments in the various states. It happened in Arizona, and now in Pennsylvania. Those departments have no legal leg to stand on. In fact, the state legislatures don't even have to go to the courts. If their power is to mean anything, then those who are defying it could be arrested and jailed.

This can only continue as long as the State Legislatures allow it to continue. It may be possible to frustrate their designs, but the State Legislatures can just override the State's bureaucracies, and award their electors to whomever they please.

This is actually a big crisis just ahead. If the Arizona and Pennsylvania legislatures decide to just swallow it all, and do nothing, it will be tantamount to a coup.

Show me where this conclusion is wrong, and show me where these recalcitrant bureaucracies have any authority to defy the Legislatures in those states.

If the state legislatures decided to decertify the elections, then what? Well, maybe nothing now, but if the legislatures aren't satisfied with the results, then they can decertify all such elections henceforth. If there is a controversy over that, it isn't according to any power that I can see delegated in the US Constitution. The State Legislatures have the power to decide. What powers the state electoral bureaucracies have came from the State Legislatures. They are like subordiates who overstep their authority. It is like a corporal assuming the role of a general.

If the Legislatures allow this, it is because they have ceded their authority. Or it has been taken away. Under what authority would that occur? None! The Legislatures cannot give it away, and nobody can take it away---at least not legally. Otherwise, it is not plenary power.



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