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Article I Section 5 Clause 1

By Bruce Walker
web posted November 19, 2018

As Democrats prepare to steal Senate seats won by Republicans in the midterm elections it is time for Republicans to use what Democrats have used in House and Senate elections during the last five decades:  Article I Section 5 Clause 1 of the Constitution which states that:  

“Each House [of Congress] shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.”

That clause of Article I means just what it says:  the Senate can decide, whatever the state authorities in states with close elections (particularly those in which votes are miraculously discovered or are invalidated to give Senate Democrat candidates losing tallies on election night but winning tallies after state authorities finagle the ballots) supersede and override what state election authorities hold.

Moreover, this part of the Constitution has been held beyond the power of federal courts to challenge or change.  Like most conservatives, I find granting more practical power to Washington than it already has to be a bad idea, but in this particular instance it is an excellent approach for several reasons.

First, Democrats at just as adept at stealing elections at the state level than at the federal level.  Recall the odious George Soros “Secretary of State Project” which sought to quietly elect state secretaries of state to count ballots “progressively” (or whatever other similar adjective for corruptly fits.)   

This ghastly subornation of democracy allowed creepy and sick characters like the former Senator Al Franken to defeat widely respected Norm Coleman a few election cycles back and showed that the left will slither into any crevice it can find to make sure that the favored candidate wins.

Second, this particular constitutional power is actually in the Constitution!  What novelty to have the federal government use the powers explicitly conferred upon it in our foundational government document!  The left, of course, will not understand this but the left these days seldom understands anything.

Third, the power is returned to Congress, which was intended to be the real power in the federal system.  Indeed, the Speaker of the House was for several decades considered the most power office in the federal government.  Returning power to Congress is very different from giving power to federal courts, independent regulatory agencies and the like.

Fourth, controlling the Senate is absolutely vital now.  With the Senate judicial nominations and other appointments requiring Senate approval can be safely assured with decent conservative nominees.  The impact of just one more Supreme Court Justice – the fifth conservative vote, counting the Chief Justice as a neuter – creates a conservative Supreme Court for the first time since FDR’s reelection.

Fifth, although House Democrats could retaliate, this would be stupid and futile because the House of Representatives has truly become very weak and lame, easily less important than any other part of the constitutional federal system.  The Senate, by contrast, not only has a clear majority of conservative states – indeed in 2020 it is hard to see Republicans losing more than one seat even if Trump loses – and the state governments in those states are run by Republicans.

States, unlike congressional districts, are fixed in the Constitution system absent the self-willed and congressionally approved changes in state borders, and so if House Democrats attempt retaliation for Senate Republicans seating properly elected Republican Senate candidates, the House Democrats will lose and this would not just be for the structural advantages Senate Republicans have over Senate Democrats but because Senate Republicans do not need to steal elections but only to insure that Democrats running for Senate seats do not steal elections.

There is every reason for Senate Republicans to begin now to review state election authorities to let flacks for Democrats know that Republican candidates who won on election night do not lose election by nefarious machinations of corrupt leftists.  The Constitution, the political dynamics and honor of the electoral process all demand this action now.  There is no reason to back down and every reason to be bold, direct and steady in upholding Article I Section 5 Clause 1. ESR

Bruce Walker is the author of the recently released Pseudo-Green Leftism and True Green Conservatism and a contributing editor to Enter Stage Right.

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