Vice President Pence Must Choose Electors

According to the 12th Amendment, the “representation from each state having one vote” means according to its electoral votes, minus two; the ‘two’ are reserved for the Senate to select a Vice-President. The quorum requirement and precedent indicates this is the case. Not 50 votes, but a simple majority of 218, if a quorum of representatives are present to vote the number is less.

If Gorka was correct, the language would be ‘each state having one vote,’ the word ‘representation’ being surplusage. See also in the amendment how each state shall vote according to its ‘member or members,’ a few states having only one House representative.

There is precedent, and that is January 6th, 2005, when the Objection submitted by Sen Boxer and Rep Tubbs was voted on, each representative having one vote. See the Congressional Record of January 6, 2005, page H127.

There is another precedent when two panels of electors were submitted. That was 1961 when Vice President Nixon called Hawaii’s alternate electors counting towards the election of John Kennedy, the alternate electors submitted after a recount (which put Kennedy ahead by 115 votes). In this case, the Title 3 Objection was ignored and Nixon simply chose one panel of electors over the other.

In 2021, seven states have submitted alternate electors due to massive fraud and unconstitutional rules on mail ballots.

Of course, the Vice President must be eligible to the presidency according to Article II, and in this case Kamala Harris is NOT a natural born citizen. Her citizenship, born in the U.S. to two alien parents, did not qualify as a citizen at birth at the time of adoption of our constitution, but by operation of an unconstitutional supreme court decision in 1898 creating a new type of ‘citizen at birth. ‘That was the Wong Kim Ark case.

So, no law entitled Harris, or anyone born of alien parents to citizenship until 1898, the 1866 Civil Rights Act or 14th Amendment applying only to freed slaves, people born to a father who did not have ‘subjection to any foreign power.’ Citizenship at birth from a U.S. citizen mother only did not become law until 1952. As argued concerning Title 3’s codification of the 1887 Electoral Count Act, a statute, in particular a statute created by an unconstitutional decision by the court, does not ‘amend’ of ‘revise’ the constitution. Only an amendment to the constitution concerning ‘citizenship’ eligibility can do that . . . and children born of foreign fathers were denied the presidency for a very good and specific reason, as explained by John Jay, ‘to avoid foreign intrigues in the highest office.’

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