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The Undeniable Irregularity That May Have Cost Trump the Election

The liberal media loudly proclaim that reports of 2020 presidential election irregularities are “lies.” But about one particular irregularity the media are mum.

Perhaps they’re silent because they know that this irregularity is undeniable and may, indeed, have flipped the election. It’s the elephant in the room they pretend not to see.

The “elephant” in this instance was the casting of mail-in ballots over a period of weeks—directly violating a federal statute specifically authorized by the Constitution. This changed the result in at least one swing state.

Here’s the background:

The Constitution (Article II, Section 1, Clause 2) assigns to the legislature of each state the task of deciding how the state “chooses” or “appoints” its presidential electors. (The Constitution uses both verbs.) Every state legislature has delegated the choice or appointment to the voters.

However, the Constitution also limits state legislative authority through its “Same Day Clause” or “Presidential Vote Clause” (Article II, Section 1, Clause 4). It provides as follows:

“The Congress may determine the Time of chusing [sic] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”

The Same Day Clause thereby grants Congress two powers over presidential elections:

(1) Congress may fix a single day on which all presidential electors in all states vote for president and vice president.

(2) Congress may set a “Time”—necessarily uniform—in which Electors are chosen. In other words, Congress may fix the day or days on which we go to the polls.