Glenn Beck on Justice Thomas dissent and 2020 election, Beck is right about Thomas but no constitutional scholar, Thomas wrong on “seems to have affected too few ballots”
“Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.”
“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.”
“The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained.”
“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”…Marbury V Madison
“I just warn you that we are in a spiritual battle against evil unleashed,” “We are not fighting the Democrats — we are fighting Satan himself.”...Glenn Beck
“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln
The answer for over 200 years is in Marbury V Madison.
And Supreme Court Justice Clarence Thomas nailed it in his dissenting opinion in REPUBLICAN PARTY OF PENNSYLVANIA V VERONICA DEGRAFFENREID, et al.
“The Constitution gives to each state legislature authority
to determine the “Manner” of federal elections. Art. I, §4,
cl. 1; Art. II, §1, cl. 2. Yet both before and after the 2020
election, nonlegislative officials in various States took it
upon themselves to set the rules instead. As a result, we
received an unusually high number of petitions and emer-
gency applications contesting those changes. The petitions
here present a clear example. The Pennsylvania Legisla-
ture established an unambiguous deadline for receiving
mail-in ballots: 8 p.m. on election day. Dissatisfied, the
Pennsylvania Supreme Court extended that deadline by three days. The court also ordered officials to count ballots
received by the new deadline even if there was no evi-
dence—such as a postmark—that the ballots were mailed
by election day. That decision to rewrite the rules seems to
have affected too few ballots to change the outcome of any
federal election. But that may not be the case in the future.
These cases provide us with an ideal opportunity to address
just what authority nonlegislative officials have to set elec-
tion rules, and to do so well before the next election cycle.
The refusal to do so is inexplicable.”
One wonders what this Court waits for. We failed to set-
tle this dispute before the election, and thus provide clear
rules. Now we again fail to provide clear rules for future
elections. The decision to leave election law hidden beneath
a shroud of doubt is baffling. By doing nothing, we invite
further confusion and erosion of voter confidence. Our fel-
low citizens deserve better and expect more of us. I respect-
Glenn Beck, on his show on February 23, 2021 rightfully heaped praise on Justice Thomas for his dissenting opinion and agreed that we must fix the issues plaguing the 2020 election before moving forward.
Beck proved he is no constitutional scholar with his mishandling of the Obama eligibility issues in 2008.
And he is wrong again.
He wants us to forget about the outcome of the 2020 election since we can do nothing about it.
That there is no provision in the constitution to remedy a revelation of sufficient wrongs.
If Biden was elected illegally, he can be removed.
For starters he can be impeached and removed.
That should be the last resort.
If he and Harris were not legally elected, they should be escorted from the White House with or without force.
Of course all of the participants in the charade must be prosecuted.
Justice Thomas error
I have the utmost respect for Justice Thomas.
I believe he is the most constitutionally grounded of all the justices.
However, in his statement:
“That decision to rewrite the rules seems to have affected too few ballots to change the outcome of any federal election.”
I would replace it with “may or may not have affected”.
Justice Thomas was in no position to make that statement since the Supreme Court did not hear any evidence in the Pennsylvania case or in any other states such as Georgia or Wisconsin where election officials disregarded state laws.
Ignoring evidence of election fraud because the election is already over is like ignoring a murder because the victim is already dead.