Presidential Election’s ‘Final Arbiter’ Is Congress


Rep. Jim Jordan (R-OH) told Breitbart News on Tuesday that Congress is the “final arbiter” of presidential elections during an interview on SiriusXM’s Breitbart News Daily with host Alex Marlow.

“Late Justice Ruth Bader Ginsburg said that the ultimate date of significance is January 6,” Jordan said. “It’s in the 12th Amendment, and then when you go back and you look at the Constitution, Article I, Section 4, the time, place, and manner for holding elections shall be determined in each state by the legislature thereof.”

Article II, Section 1 says each state shall appoint in such manner as the legislature may direct, not as the Secretary of State may direct, not as the governor may direct,” Jordan ontinued.


Marlow invited Jordan’s response to Sens. Tom Cotton (R-AR) and Mike Lee (R-UT), who have both stated they oppose some Republican colleagues’ commitment to challenge electors from the states of Arizona and Pennsylvania.

Jordan replied, “I would debate with Senator Lee and say, ‘We’re following the Constitution here. We’re adhering to the Constitution because these states did not, and the final arbiter — this is important — the final check and balance in our system is the legislative branch, not the Supreme Court, not the executive branch.”

“The Founders wanted it to be the body closest to the people,” continued Jordan. “That’s why they had state legislatures and then ultimately, the United States Congress is the final check and balance and that is what happens tomorrow.”

On Wednesday, Jordan said election law changes ahead of 2020’s presidential election decreed by state and local executives were unconstitutional given that they were not passed through the states’ legislatures.

“Today’s the day the Founders gave to the Congress,” said Jordan. “The ultimate day of significance, and we’re going to have that debate on the House floor.”

Breitbart News Daily broadcasts live on SiriusXM Patriot 125 weekdays from 6:00 a.m. to 9:00 a.m. Eastern.

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