Supreme Court Considers Taking Brunson vs Adams

[Aaron]

Not a lot of time still to interact, so just hitting a key point.

 

[JonC]

In January 1877, Congress established the Federal Electoral Commission to investigate the disputed Electoral College ballots.

Electoral College & Indecisive Elections | US House of Representatives: History, Art & Archives

But this is different from what is being suggested in the OP.

In the 1877 Congress recieved two sets of conflicting electoral votes (which rightly triggered a Congretional investigation).

In the 2020 election there were no contested electoral certificates. The question was internal to the States - not the certificates.

You also have to remember that electors can vote for whomever they choose, regardless of the candidate who actually won the election in the State.

If we do away with the US Constitution (or terminate parts dealing with federal elections as suggested by Trump) then we open the door for greater abuses of power.

 

[Aaron]

It doesn't matter. Why wasn't it just kicked back to the states? Congress exercised a power for which there is no verbatim in the Constitution.

And there's more. I'll be back later.

 

[Aaron]

But what can Congress do?

"The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

Congress can object as well.

 

[JonC]

It doesn't matter. Why wasn't it just kicked back to the states? Congress exercised a power for which there is no verbatim in the Constitution.

And there's more. I'll be back later.

Why would it be kicked back to the States?

The electoral certificates were recieved by the mandatory date, the certificates were not contested (they were the State certified certificates).

 

[JonC]

Congress can object as well.

They can if there was a question regarding the legitimacy of the electoral certificates. But there wasn't (the certificates recieved were the certificates certified by each State).