Election 2020: Gohmert Suit About So Much More Than Pence’s Powers

by | Dec 31, 2020 | Politics

The leftist media and Democrat operatives are claiming that the lawsuit filed by Texas congressman Louie Gohmert, a former judge, is just another desperate attempt to “overturn the election.”

Rep. Gohmert’s lawsuit seeks to clarify the constitutional process for counting the Electoral College votes for president. In the end, it could also solve the century old confusion and ambiguity of what should happen in a questionable election like we are experiencing.

The headlines of a United States congressman suing the vice president appear strange. However, there are several important constitutional questions raised by the lawsuit that could be addressed and bring some much-needed guidance to our presidential election process.

The Most Important Question

First, if Rep. Gohmert wins the suit, it will mean that on Jan.6, Mike Pence has the sole authority to accept or reject electors. This could, and should, result in several states having their electoral votes rejected and the House ultimately choosing the president.

This is the most important question raised by Gohmert’s suit. It focuses on whether Congress can strip a constitutionally granted power from the vice president through a federal law, rather than a constitutional amendment.

The answer is obviously “no.” The court should uphold the constitutional power of the president of the Senate to open and count the electoral ballots. This decision would mean the court ruling that the 1887 Electoral Count Act is unconstitutional and invalid. Many believe it’s the most confusing and poorly written statute in history.

There is also precedence for the court to rule in this manner.

Al Gore, Richard Nixon and Thomas Jefferson are examples of vice presidents serving as the president of the Senate and unilaterally deciding to accept or reject electoral votes while also unilaterally deciding whether or not to acknowledge objections from members of Congress. Vice President Pence should have the right to exercise this same constitutional authority.

Clarifying the Roles

Second, Gohmert’s suit seeks to clarify the specific roles of both the House and the Senate in the process of choosing the president. While the 1887 law purports to empower both chambers with new powers over the selection of both the president and the vice president, the Constitution does no such thing.

In fact, the Constitution specifically gives the Senate power to choose the vice president and zero influence on electing the president, while the House has power to choose the president and zero influence on the choice of vice president. This very purposeful constitutional choice by the founding generation was ignored by the 1887 federal statute and is another reason why it should be ruled unconstitutional.

One Vote Per State

Third, the suit points out the constitutional requirement for the House to choose a president in a specific way—one vote per state, not a plurality of the 435 members. The 1887 law allowed for a plurality vote of the House to accept or reject electors, completely ignoring that such a process would violate the voting procedure put in place by the founders and enshrined in our Constitution.

All of this begs the question, how did such a horribly flawed law as the Electoral Count Act of 1887 law ever see the light of day? The short answer is that after dealing with a hotly contested presidential election, which saw Congress deadlocked on declaring a winner, elected officials opted for trying to fix the problems themselves and creating a more politically expedient option.

Where We Are Today

That describes the exact same mindset we are seeing today, in both the legislative and judicial branches of our government.

While Democrats in the recent past have pointed out these issues with our electoral process, do not expect any to agree with Gohmert’s suit. All of these scenarios that actually follow the Constitution will result in a second term for Trump.

The courts have failed miserably throughout 2020 by opting for expediency and partisan rulings rather than the more difficult task of upholding the rule of law and the Constitution.

So, the Vegas odds on this suit succeeding are going to be low, despite it being so obviously correct from a constitutional and historical perspective. But if the courts, and politicians like Vice President Pence, do the right thing according to the law and the Constitution, they will not only solve this election crisis, but they will protect our important election process for future generations. {eoa}

Rick Green is a former Texas state representative, national speaker, author and radio host.

This article originally appeared on The Stream. Reprinted with permission.

CHARISMA NEWSLETTERS

Stay up-to-date with current issues, Christian teachings, entertainment news, videos & more.

The latest breaking Christian news you need to know about as soon as it happens.

Prophetic messages from respected leaders & news of how God is moving throughout the world. 


MORE FROM CHARISMA

How Divine Wrestling Changes Our Identity

How Divine Wrestling Changes Our Identity

All of us at some point will hit a place of getting the wind knocked out of us. We all experience unexpected detours and times when there seems to be no way out. But there is One who lives in us, the Lord Jesus Christ, who gives us the strength to overcome obstacles....

Spirit-Filled Pastor: How Does God Lead Us Today?

Spirit-Filled Pastor: How Does God Lead Us Today?

Whether it is the Spirit leading or forbidding in the book of Acts, or the Spirit leading throughout Christian history, it’s clear that the leading of the Spirit is important. In the Old Testament, it appears that the Spirit of God could be withdrawn completely from...

Joyce Meyer: Keys to Winning Your Race in Life

Joyce Meyer: Keys to Winning Your Race in Life

Everyone has a race to run. That just means we all have a life to live. The apostle Paul says in Hebrews 12:1 (NIV), “Therefore...let us throw off everything that hinders and the sin that so easily entangles. And let us run with perseverance the race marked out for...

Prophetic Word: The Lord Says, ‘I Am the Consuming Fire’

Prophetic Word: The Lord Says, ‘I Am the Consuming Fire’

God says that during this season, He is turning up the heat, finding the gold and bringing His refining fire. Job makes a powerful statement of faith as he says of the Lord, "When he has tried me, I shall come out as gold." God knew Job's heart and Job knew the heart...

What Is ‘The One Thing’ God Wants From You?

What Is ‘The One Thing’ God Wants From You?

In 1971, I was invited to spend one month in Singapore at a new institute that had been started by John Haggai. It was still in the formative stages then—a place where Asian church leaders would be trained and challenged to witness for Christ. Today, more than 40...

37 Prayers for the Suffering Persecuted Church

37 Prayers for the Suffering Persecuted Church

It was a Pentecost bloodbath and most Christians never heard about it. More than 50 Christians were killed in one of the deadliest terror attacks on Nigerians this year. Scores of gunmen rushed in to kill Christians in the midst of worship. All told, over 360 million...

RECENT ARTICLES

Prophecy: A Window of Time Has Opened for Believers to Preach the Truth

I was rejoicing and praising God on Friday, June 24, 2022, for the overturning of Roe v. Wade, knowing that an ungodly decree was overturned and one national curse was broken. I heard by the Holy...
The Man Who Spent 23 Minutes in Hell: The People I Saw in Hell

The Man Who Spent 23 Minutes in Hell: The People I Saw in Hell

In 1998, God gave me a life-changing vision of hell. I receive many questions about my experience from people all over the world, but one question I'm often asked is, "Who did you see in hell?" There are others who say they've had an experience like mine, and they...

The United States: Birthed in Prophetic Symbolism

The United States: Birthed in Prophetic Symbolism

One of the most amazing facts about the Founding Fathers of our nation is this: The one referred to as the "voice" of the revolution (John Adams) and the one referred to as the "pen" of the revolution (Thomas Jefferson) both died on the same day—July 4, 1826—exactly...

Why Did God Give ‘This’ to Me?

Why Did God Give ‘This’ to Me?

It’s a question I frequently hear. It’s one I’ve asked. And maybe it’s one you’ve asked, too. The question is, “God, why did You give this to me?” This can be any number of issues, from emotional or psychological struggles to symptoms or sicknesses, disabilities or...

No Evil Can Stop What God Has Planned

No Evil Can Stop What God Has Planned

I sense it. And I perceive a growing number of people in massive proportions sense the increasing momentum of power and might worldwide. Something is on the horizon—something more eerie and ominous than what the people of the world have ever before experienced. Even...

Pin It on Pinterest