During reconstruction after the civil war, the congress mandated that the right to vote shall be enforced by a series of actions by various responsible parties which conclude with the right to enforcement by such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of that duty.
Forty-first Congress An ACT To enforce the Right of Citizens of the United States to vote in the several States of this Union, and for other Purposes.
https://www.senate.gov/artandhistory/history/resources/pdf/EnforcementAct_1870.pdf
Let’s walk through the system outlined in the act:
Sec. 3. And be it further enacted, That whenever, by or under the authority of the constitution or laws of any State, or the laws of any Territory, any act is or shall be required to [be] done by any citizen as a prerequisite to qualify or entitle him to vote, the offer of any such citizen to perform the act required to be done as aforesaid shall, if it fail to be carried into execution by reason of the wrongful act or omission aforesaid of the person or officer charged with the duty of receiving or permitting such performance or offer to perform, or acting thereon, be deemed and held as a performance in law of such act; and the person so offering and failing as aforesaid, and being otherwise qualified, shall be entitled to vote in the same manner and to the same extent as if he had in fact performed such act;
This would mean if my interpretation is correct that any one who attempted to vote and who was qualified shall be entitled to vote in the same manner as before; re-run election by another phrasing.
and any judge, inspector, or other officer of election whose duty it is or shall be to receive, count, certify, register, report, or give effect to the vote of any such citizen who shall wrongfully refuse or omit to receive, count, certify, register, report, or give effect to the vote of such citizen upon the presentation by him of his affidavit stating such offer and the time and place thereof, and the name of the officer or person whose duty it was to act thereon, and that he was wrongfully prevented by such person or officer from performing such act, shall for every such offence forfeit and pay........ and shall also for every such offence be guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than five hundred dollars, or be imprisoned not less than one month and not more than one year, or both, at the discretion of the court.
In other words when Pence and the Senate refused to admit the electors from the various states contested, those who refused to permit the electors to perform their constitutionally mandated duties have violated section 3 of this act.
Sec. 4. And be it further enacted, That if any person, by force, bribery, threats, intimidation, or other unlawful means, shall hinder, delay, prevent, or obstruct, or shall combine and confederate with others to hinder, delay, prevent, or obstruct, any citizen from doing any act required to be done to qualify him to vote or from voting at any election as aforesaid....... shall also for every such offence be guilty of a misdemeanor, and shall.....
We all read the reports of the violence, threats, blackmail, etc going on in the swing stages concerning the certifications and selection of electors....
Sec. 6. And be it further enacted, That if two or more persons shall band or conspire together ......... with intent to violate any provision of this act, or to injure, oppress, threaten, or intimidate any citizen with intent to prevent or hinder his free exercise and enjoyment of any right or privilege granted or secured to him by the Constitution or laws of the United States, or because of his having exercised the same, such persons shall be held guilty of felony, and .........
Motions by the congress to hunt down and persecute every Trump voter as a terrorist for asserting their rights under this act by utilizing a staged insurrection of their own design is a conspiracy with the intent to oppress and intimidate the citizenry. The planning and coordination around such motions and legislative actions which intend to deprive us of our rights under the guise of the staged events of Jan 6 thusly disqualify from office those who participated in planning of the legislation and or the staged insurrection.
Note the key phrase “conspire together” which does not require the implementation of their intended punitive reaction only the intent. They have widely publicized their intentions to hunt down the Trump voting American public.
shall, moreover, be thereafter ineligible to, and disabled from holding, any office or place of honor, profit, or trust created by the Constitution or laws of the United States.
With the forfeiture of their offices they are ineligible to participate in the choosing of President.
What remedies exist In such a crisis? With the grace of wise men long before our times, we have a set of congressional authorization which directly address this. It begins in the courts.
Sec. 8. And be it further enacted, That the district courts of the United States, within their respective districts, shall have, exclusively of the courts of the several States, cognizance of all crimes and offences committed against the provisions of this act, and also, concurrently with the circuit courts of the United States, of all causes, civil and criminal, arising under this act, except as herein otherwise provided, and the jurisdiction hereby conferred shall be exercised in conformity with the laws and practice governing United States courts; and all crimes and offences committed against the provisions of this act may be prosecuted by the indictment of a grand jury, or, in cases of crimes and offences not infamous, the prosecution may be either by indictment or information filed by the district attorney in a court having jurisdiction.
Of note is that 4 Supreme Court justices declared them selves the circuit judges at the end of November. They can in their authority convene a grand jury.
Within our present crisis the question is, who has the authority to act and by what vehicle will they act.
Sec. 9. And be it further enacted, That the district attorneys, marshals, and deputy marshals of the United States, the commissioners appointed by the circuit and territorial courts of the United States, with powers of arresting, imprisoning, or bailing offenders against the laws of the United States, and every other officer who may be specially empowered by the President of the United States, shall be, and they are hereby, specially authorized and required, at the expense of the United States, to institute proceedings against all and every person who shall violate the provisions of this act, and cause him or them to be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States or territorial court as has cognizance of the offense.
We see that the US Marshals along with others and of note in them, commissioners appointed by circuit judges are empowered to enforce this act. Those commissioners in the present topology of our courts would be appointed by the Justices if the Supreme Court who are at present occupying the circuit courts.
And with a view to afford reasonable protection to all persons in their constitutional right to vote without distinction of race, color, or previous condition of servitude, and to the prompt discharge of the duties of this act, it shall be the duty of the circuit courts of the United States, and the superior courts of the Territories of the United States, from time to time, to increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with a violation of this act; and such commissioners are hereby authorized and required to exercise and discharge all the powers and duties conferred on them by this act, and the same duties with regard to offences created by this act as they are authorized by law to exercise with regard to other offences against the laws of the United States.
The number of commissioners is variable to the situation at hand and congress stipulated those commissioners are required to discharge their duties under this act.
If the US Marshals fail to act, the commissioners have at their disposal a set of remedies.
Sec. 10. And be it further enacted, That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of the person deprived of the rights conferred by this act. And the better to enable the said commissioners to execute their duties faithfully and efficiently, in conformity with the Constitution of the United States and the requirements of this act, they are hereby authorized and empowered, within their districts respectively, to appoint, in writing, under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties,
Let us recount that the commissioners are produced as an act of the circuit judges who are at present Supreme Court judges. Through this act, congress granted the authority for those commissioners to appoint in writing what amount to deputies to enforce the provisions of this act.
This is where it gets interesting. Through this act, congress has granted certain domestic authorities to command the armed forces which may be employed to enforce this act.
and the persons so appointed to execute any warrant or process as aforesaid shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged, and to insure a faithful observance of the fifteenth amendment to the Constitution of the United States; and such warrants shall run and be executed by said officers anywhere in the State or Territory within which they are issued.
These commissioners may call to their aid: bystanders, posses, land or naval forces, or the militia (national guard). Under their authority as granted by congress and delegates by the circuit courts, the military and militia can be deployed domestically out side of the Presidential chain of command.
Let us reduce these threads and state that the US Supreme Court acting as circuit judges can assign commissioners with the authority to utilize the US military domestically to enforce the rights of the citizenry to vote and may arrest those who deny that right or conspire to oppress the population; those who have committed those acts have surrendered their offices of trust and profit under the United States.
Additionally the President is authorized by this act to employ the military to aid in the execution of these judicial proceedings.
Sec. 13. And be it further enacted, That it shall be lawful for the President of the United States to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to aid in the execution of judicial process issued under this act.
What happens when the courts are no longer functional?
The Supreme Court answered this question after Pearl Harbor in Duncan v. Kahanamoku, 327 U.S. 304 (1946). When the courts are not able to function, the military holds jurisdiction.
thanks for post bro