Michael Gaynor
President Trump's Constitutional Path to Reelection
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By Michael Gaynor
November 8, 2020

Result: the task of choosing the next President and Vice President now belongs to Congress, as the Constitution requires, and the Supreme Court should stand strong and do its job when the issue is presented to it.

The shameless efforts to persuade (or intimidate) President trump to concede are perfectly understandable.

They call to mind the threat that "we stole it fair and square and don't try to do anything about it.

However, the United States of America is a nation of laws, not men, or women, or men and women.

We have a Constitution, thanks to the Founders.

They gave us a constitutional republic, if we can keep it as Benjamin Franklin put it, not a pure democracy, for good reasons.

These days the radicals demean them as racists and sexists as those radicals try to create a new system by using tactics fair and foul (including rioting and looting and vote fraud). Vote fraud is i;legal as well as foul and must not be tolerated, much less allowed to determine elections, especially the Presidency and Vice Presidency of the United States.

Bulletin for the radicals: the Founders foresaw the possibility that no presidential- candidate might receive a majority of the electoral votes.

When that happens, the House of Representatives picks the president with each state receiving one vote.

Nancy Pelosi is the Speaker of the House, but Republicans have a majority of the states and can chose President Trump.

The Vice President of the United States and the President of the Senate (the same person) is chosen by the Senate and the Republicans have a 53-47 majority in the Senate, so presumably Vice President Pence would be chosen.

What should the Supreme court of the United States do with states like Pennsylvania and Nevada, where the true winner of the race cannot be determined, due to shenanigans in Philadelphia, Pennsylvania and Clark County, Nevada?

There is no time for another election and stealing the election must not be permitted.

The winners of the electoral votes of Pennsylvania and Nevada and probably more states cannot be determined with reasonable certainty and should not be presumed, so they cannot be awarded

Result: the task of choosing the next President and Vice President belongs to Congress, as the Constitution requires, and the Supreme Court should stand strong and do its job when the issue is presented to it.

© Michael Gaynor

 

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Michael Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member... (more)

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