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Could Chief Justice John Roberts decide the 2020 presidential election?

Published in Blog on September 08, 2020 by Convention Of States

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The 2020 presidential election is looking to be among the most contentious in our nation's history. 

President Trump sharply divides the country. The Democrats propose radical policies that would reshape our entire nation, and rioters and looters routinely harass peaceful, law-abiding Americans. 

But the biggest concern relates to how the votes of the American people will be counted. A much higher percentage of Republicans than Democrats plan to vote in person. The delay in counting mail-in ballots could throw the entire election in question as Democrats discover more ballots after November 3 and potentially flip swing states from red to blue.

In an interview reported by The Daily Wire, former Clinton campaign adviser Dick Morris painted a doomsday scenario in which the election is eventually decided by the Supreme Court:

“[On election night,] they’ll say that Trump has 330-350 electoral votes and won a landslide,” Morris went on. “And then, day after day, week after week, you’re going to find another million ballots counted here, another half-million there, another quarter of a million in another place. And gradually, these Democratic liberal secretaries of state who are in charge of the election in most of these blue states will say, ‘Oh, well, we’re sorry. It turns out Biden carried Wisconsin, not Trump.'”

Morris foretold that, “Then, the Trump people will sue. But that suit will have to be in state court. The state court judges are largely liberal, largely Democrat. And they are going to say, ‘Oh, we rule in favor of the state: Biden carried it.’ Then … they’ll probably go up to the federal courts. And the U.S. Supreme Court eventually will make the decision. And then the entire election will be in the hands literally of John Roberts. And we’ll see what he’ll do.”

The nation's decision, in other words, could come down to the judgement of nine non-elected judges.

Such an outcome would be an affront to democracy and our representative, republican system of government. But here's what many Americans don't understand: the Supreme Court has been superseding the will of We the People for decades.

Every year, the Supreme Court "amends" the Constitution without the consent of the people or the states. It finds rights that don't exist in the text, and it expands the power of the federal government into areas well outside the scope of its intended jurisdiction.

The result? The "Constitution" the federal government actually follows is over 3,000 pages long and contains all of these activist decisions. 

It wasn't supposed to be this way. The framers of the Constitution wanted to make sure our founding document could only be amended according to the will of the people and the states. They outlined in Article V two ways of amending the Constitution, both of which require the approval of 38 states.

Everyone knows Congress can propose constitutional amendments, but did you know the states can also make proposals at a Convention of States?

A Convention of States is called by 34 states and has the power to propose amendments that limit the power of the federal government (including the Supreme Court) and put Washington, D.C., back in its constitutional box. These amendments can ensure that the Supreme Court cannot circumvent We the People by imposing their own will on our founding document. These amendments can also force Congress to be fiscally responsible and mandate term limits for federal officials.

If the Supreme Court decides the election, it will be only the latest in a long line of overreaching decisions from our nation's highest court. If we want to put an end to that for good, we should use the founders tool for limiting federal power and call an Article V Convention of States.

Sign the petition to call for a Convention of States!

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Almost everyone knows that our federal government is on a dangerous course. The unsustainable debt combined with crushing regulations on states and businesses is a recipe for disaster.

What is less known is that the Founders gave state legislatures the power to act as a final check on abuses of power by Washington, DC. Article V of the U.S. Constitution authorizes the state legislatures to call a convention for proposing needed amendments to the Constitution. This process does not require the consent of the federal government in Washington, DC.

I support the Convention of States Project; a national effort to call a convention under Article V of the United States Constitution, restricted to proposing amendments that will impose fiscal restraints on the federal government, limit its power and jurisdiction, and impose term limits on its officials and members of Congress.

I want our state to be one of the necessary 34 states to pass a resolution calling for this kind of Article V Convention. You can find a copy of the model resolution and the Article V Pocket Guide (which explains the process and answers many questions) here:

I ask that you support the Convention of States Project and consider becoming a co-sponsor of the resolution. Please respond to my request by informing the national COS team of your position, or sending them any questions you may have: or (540) 441-7227.

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Respectfully, [Your Name]

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