【Commentary】God Bless Texas: Texas AG Ken Paxton Sues Four States for Violating the Constitution

Author: MOS GodCountryFamily Reviewer: Rainbow

A friend in need, is a friend indeed. President Trump has a true ally in Texas Attorney General Ken Paxton. AG Paxton, once again, speaks truth to power by standing up for Texans and the future of the nation. 

AG Paxton filed a lawsuit with the Supreme Court of the United States (SCOTUS) over election results in Georgia, Pennsylvania, Wisconsin, and Michigan on December 8, 2020.  When a state sues another state (or multiple states), it cannot be heard in district courts. Only the SCOTUS has jurisdiction over sate-on-state suits. On the same day, AG Paxton revealed in his Interview on Hannity that the SCOTUS already ordered the four states to respond by Thursday, the tenth of December.  AG Paxton is happy with this development and is looking forward to having the SCOTUS hearing the arguments of both sides. 

The supreme court needs to clarify what the law is, as it relates to the complaints this suit has brought up: the violations of Article II of the Constitution and the 14th amendment. Article II of the Constitution clearly states that “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the Sate may be entitled in the Congress…”(Article II of the Constitution); while the 14th Amendment specifically stipulates that “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (The 14th amendment).

How did the four states violate the afore-mentioned laws? 

Firstly, in all four states, officials in executive and judicial branches changed the rules of election, which violate Article II of the Constitution. Only one body has the responsibility and the power to set the election rules: the state legislature, elected by the people of the respective state. For example, neither Secretary of State nor judge has any business in making decisions about mail-in ballots. In his interview on Hannity, AG Paxton stated that, in Pennsylvania, there were 233,000 mail-in ballots in 2016, while mail-in ballots added up to 1.5 million in 2020. The difference between the candidates is only 81,000. Violation of Article 2 should invalidate the election results.

Secondly, in all four states, the votes of some citizens are devalued due to unfair treatment of the ballots. Some mail-in ballots did not go through signature-matching. The voter’s signature for mail-in ballot is on the sleeve of the ballot. Since the sleeves were thrown away after counting the ballots, there is no way to go back and match signatures. Many ballots are counted without the right supervision and adequate observation. Dead people voted. From county to county, precinct to precinct, ballots are handled differently. The equal protection clause of the Constitution mandates that all citizens within the state’s jurisdiction enjoy the equal protection of law. When votes are not counted fairly and legally, legitimate voters are disenfranchised. In the case of Bush v. Gore, the Supreme Court denied Florida Supreme Court’s recount request citing the equal protection clause: A recount cannot be conducted fairly because the same standard cannot be established for all counties. Arbitrary and disparate treatment of ballots devalues the ballots of individuals. 

AG Paxton recommended remedy to these violations: delegating the power of appointing the electors back to the state legislatures. The plenary power of the State Legislatures to appoint electors, originated in Article II, was confirmed by two Supreme Court precedents, McPherson v. Blacker in 1892 and Bush v. Gore in 2000. Justice Rehnquist admonished that “in a presidential election the clearly expressed intent of the legislature must prevail”(Bush v. Gore).

The power is delegated by State Legislatures to the people’s vote. However, this power can be taken back in two cases: if voting fraud can be proven, or if the election rules set by the State Legislatures have been violated, which renders the election illegal. With mounting evidence of election fraud, uncovered by attorney Sidney Powell, Lin Wood, Rudy Giuliani, and Trump Campaign’s legal counsel Jenna Ellis, and the timely lawsuit filed by Texas AG Ken Paxton, joined by more and more red states, President Trump seems to have a fair chance of winning the 2020 election, once the dust settles, even though there is still a long way to go. There is light at the end of the tunnel as long as President Trump and his supporters don’t give up. 

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