Mark i want to read you a provision of the constitution, judge starr. Then i want you to explain it to the american people. There are news organizations that are making declarations about who has won the presidency and so forth. I want to unravel this slowly but surely because we live and a constitutional system, not a pr system, not a leftwing system but a constitutional system. Article two, section one clause two of the constitution provides as follows and i quote in pertinent part, each state shall appoint in such manner as the legislator thereof may direct a number of electors equal to the whole number of senators and representatives to which the state may be entitled in congress. In other words, the state legislator determine how the select their electors. Isnt that what that means . Thats what it means, mark. It got lost in the pennsylvania shuffle. The founding generations sitting in philadelphia undoubtedly thought well, should be have the state Supreme Court make the determination . No, we want this is a democratic with a small g approach. We want the legislators, those closest to the people, the state legislators, they are the bosses. It is not the governor. What happened in pennsylvania over these recent weeks is a constitutional travesty. Governor wolf tries to get his reforms, his vision, as he was entitled to do through the legislator of the commonwealth of pennsylvania but he failed. He then goes to the state Supreme Court, which by a divided vote, accepted the substance of what Governor Wolf was doing and then added thereon nooks and crannies as well. Happily, in recent days we have seen Justice Samuel alito step in as a single justice and has the power to do it and essentially, and a very short order, say the legislator is the boss. What the governor did, this is my interpretation, is utterly unconstitutional. What the pennsylvania sabine court did is utterly unconstitutional. It is clear as the words that you just read. Mark ken starr, let me ask you a couple questions. We keep hearing count every vote. Is it which votes are to be count . In other words, this notion of count every vote, some votes are legal, some arent. Some are constitutional, some arent. In that order you speak to Justice Alito said segregated the votes that occurred after 8 00 p. M. Eastern time on election day tuesday because those votes may be in question under our federal constitution used on what the state Supreme Court, that is the state Supreme Court may have disenfranchised those voters by violating the federal constitution. Isnt that the potential point he is making here . Exactly right. In fact, to count every vote may be a crime. It may even be a crime under federal law. It is definitely a crime under state law if that is and there is the keyword illegal. That is why you see and it is shameful that Vice President bidens people and the Vice President himself for saying count every vote and selling a lot of tshirts. That is a potential and an invitation for absolute lawlessness. I know the situation. Very quickly, we are a recently widowed woman knew how her late husband would vote and he was deceased. That is a human tragedy. What is a travesty is she cast his vote for him. We call that absentee ballots, no thats an illegal ballot. They say count every legal vote except, of course, they have and there is widespread recording on this push the republicans out while they are counting every legal vote in the city of philadelphia and told by the Speakers Office they are they have over 100,000 provisional ballots and you dont hand them out like lollipops. Voters have conditions. Im gravely concerned, judge starr, that what is happening here is all of the checks and safeguards that have been built into the electoral process by the constitution, by state constitutions or by state legislators are being litigated away. You know, donald trump was elected president in 2016. We knew he had one and wasnt selected at 2 00 a. M. Or 3 00 a. M. The next morning but we knew he had one because it was overwhelming. They are still counting vote now. There still counting votes because chaos seems to be the objective, the more chaos you can create the more uncertainty you can create and the democra democrats, judge starr, seen to want to vote earlier and earlier and count later and later paid what is the point of that . Both ways. It doesnt bode well for confidence in the election process. Everyone uses the word integrity and i think on the republican side we are using it with every breath we take and cant we have honesty and transparency and openness . I must say ive been disappointed in some of the reporting that has gone about the process. They are willfully blinding themselves, some of the reporters to the reality of what is happening before them. So, yes, what is happening, i think, in a limited number of cities but they are all our large cities and certainly two of those large cities, they have a history, detroit and philadelphia, a history of a sordid history of voter fraud and convictions. Were not talking allegations and political rhetoric. We are talking judicial process having resulted in criminal convictions, including in times past the sitting state Senate Majority leader who hailed from philadelphia went to jail because of voter fraud. Failing to insist on checks and balances, sunshine, please let the sunshine and in the form of these observers who have meaningful access, it is not access right mark if you are in the cavernous Convention Center and you really cant see 60 yards away what is going on . That is form over substance. Mark this matter presents itself to the United States up in court so in my mind three things can happen one, they dont take it up in full even though i strongly feel they should and hopefully there are four justices and as i understand it. Number two, sam alito and hopefully majority will say okay, those segregated votes were segregated out and those are unconstitutional. Dont blame us good dont blame the legislator. You can blame the governor and can blame your state court. Number three that no one is thinking about and i dont particularly like it, the court could say look, those segregated votes from our perspective are unconstitutional but we will leave it to the United States congress to determine whether they are unconstitutional or not in the state legislator is free to send its own list of electors based on the original statutory election laws and we all now know how many because they are segregating the votes. If in fact, the president of the United States one under the existing law before it was changed by the state Supreme Court, in other words, there could be two sets of electors sets, one certified by the governor and one certified by the legislator and the federal constitution and congress can sort it out. What you think of those three possibilities . [laughter] heaven forbid two of them but on the one that i think is the most likely is that those up in will now do its duty. In the pennsylvania case because it was very clear from the outset that what the governor did and what the state Supreme Court did was utterly unconstitutional. It is a lawless act. At this stage the sipping court has a solemn duty, in light of the nature of the issue and the stakes at hand has to take the case. I think, by the way, the earlier determination by Justice Alito to call a halt to any counting if that had begun of these set aside ballots, the ones that i view as illegal. They are just illegal. They dont and should not count. His determination to do that is a signal, it is not in assurance but a signal that a majority of the Supreme Court would uphold what Justice Alito has done. We will see and thats a guess but its a reasonably educated guess. Mark i hope you are right. Im concerned about the chief justice who made some cockamamie distinctions between a federal court and a state court and a does the constitution, as we read it, allowed as i read it aloud and you discussed it, is there any language in there about the distance between state and federal courts . Absolutely not. I must say i did not admire that distinction that chief Justice Roberts, who is very able and who, by the way, voted in wisconsin case where a federal judge did what Governor Wolf was a doing in pennsylvania and when a federal judge in wisconsin engaged in those shenanigans perhaps for a noble reason and let everyone voted and so forth but that federal judge was acting flawlessly but happily, the board of appeals in chicago but a halt to that and then the Supreme Court of the United States put out any dissent without any dissent so consider that at the time eightnothing said the seventh circuit was right. Federal judge was wrong to interfere in that state election. That is all good. That is the distinction that chief Justice Roberts drew with respect to pennsylvania but the underlying principle is not what of federalism, as you rightly point out, but the real point is the legislator legislator, legislator. Let us all return to the constitution, read it, it cannot be more clear that it is the legislator that his boss and not Governor Wolf. Mark when we return, judge star, i want to ask you a question. How do we select president s in this country . Is it by the declaration of media organizations and decision groups . Or by our constitutional proce process, the Electoral College and the statutory process which follows the meeting in congress, voting and congress and so forth . When there is ongoing litigation, serious litigation in a variety of states and litigation that will come before congress meets, is that to be dismissed when we consider whether or not a declaration of this candidate or that candidate is president of the United States . Well be right back. This is the feeling of total protection now that we protect your identity, and mobile phone, as well as auto home and life youve never been in better hands allstate click or call for a quote today here . Nah. Introducing the all new chevy trailblazer. Here . Nope. Here. When the middle of nowhere, is somewhere. The all new chevy trailblazer. Making lifes journey, just better. Mark welcome back. Judge star, just an observation and i would be curious your opinion. So there is this movement afoot all across the nation, particularly in democratic states, leftwing organizations to get rid of the Electoral College and have this national votes, the National Popular vote. We look at that on the one hand. On the other hand, we see litigation by many of the same groups from the same party in states like pennsylvania to have judges change the laws as opposed to the representatives in the state legislators and the representatives of the lowest point of our government who get to make the law and they are say no, in that case we want judges to decide. Dont you find that contradictory and selfserving for the Democrat Party to be pushing the National Popular vote on the one hand but undermining state legislators and going to judges to get their way on the other hand . And there is a contradiction and the unifying theme is, we dont like the constitutional structure. You know, and portland, oregon there burning their bibles. If this kind of cultural trend continues maybe we will see public burnings of the constitution. The constitution is incredibly sensitive to the very idea that we are the United States of america. We are not just america but the United States of america. We fought a civil war and have inherited the great, great rhetoric of Abraham Lincoln about this union of states so to be no secessions and that means states count in the beauty of the states, even in the age of interconnectivity is that not all cancers are in washington dc. The laboratory of the states, all this fits together and so that is why the electorate has ordained at the fountain in philadelphia, the founding generation is very sensitive to the idea and the ideals of a federal republic bound together by one constitution as the supreme law of the land. As the constitution itself states. The Electoral College reflects the beauty of federalism. We either like the idea of the United States of america or we will prefer then we just want california and new york and illinois and a couple other states to decide who the next president may be. If you live in quote, flyover country we dont care about you and you are out. I think thats a very destabilizing, disruptive kind of attitude towards week, the people. It is not we, the people of america but we, the people of the United States of america. I think north dakota should continue to count. Mark and continue to produce the fuel be made in the rest of the country. I want to make a point on your point. I see a war on the constitution by the left and the Democrat Party, whether they are litigating and we talked about pennsylvania and pennsylvania is not the only state. Activities took place in georg georgia, wisconsin, michigan and other states. We with 300 lawsuits were brought in the course of the last year. 300 lawsuits to effect the Voting System which is why you see such a difference between 2016 and 2020 but that said, i see a war on the constitution by the left and the Democrat Party. Before this election they were talking about stacking the Supreme Court and packing the Supreme Court and before the selection they were talking about adding four democrats for ever more in United States senate and were talking about eliminating the filibuster rule which isnt in the constitution but certainly is compatible with the notion of the great deliberative body. They have talked about war on the Electoral College and theyre not talking about any of that right now but they did. They did. Go into the courtrooms or they went to their legislators and tried to change the methodology by which votes are counted and by which votes are cast and the Democrat Party did not do this because they believe in good government. They didnt do this because they believe in fairness between the parties, they did this because theyre trying to stack the system, particularly in the metropolitan areas. I want to ask you a question. When we have news organizations announcing we declare that joe biden is president of the United States or we declare whatever they declare, does that have any constitutional, legal or substantive meaning other than the pr aspect at all . Is that how we choose our president . [laughter] thank goodness, no. The polls got it badly wrong. Had they got on a business by the way . Are they fired everyone and said we will start all over again . The answer is, no. This should not be going on because its all about power, achieving power. That is quite dangerous if you are not seeking to vindicate a rule of law and a constitutional democracy. The constitution should be held up as sacred and here is a hugo black, a great liberal justice of the warren court era, always holding up the constitution, pointing to it and showing the dog years but instead there is a sense that we just want results and we dont care what it takes and we dont care what the constitution says. But to answer the fundamental point, the news organizations have zero power and they can try to influence but it will be up to the Electoral College which will meet and it will determine they will cast their votes each state with its electors chosen in the way, once again, that the legislators determine. That will happen in december. Approximately december 12. We have over a month to go before the decisive votes are cast and then the electors report to congress and to the house of representatives and they will then say here are our votes. There are several steps that are yet to be taken and never forget the role of the legislator. If the legislator of the state, the legislator of pennsylvania believes the election cannot be trusted, it can step in and determine how the electors are chosen from the commonwealth. Mark thats right. I said that the other day in hell was rained upon my head by liberals, liberal law professors who, on the one hand, pretend to teach the constitution but on the other hand, despise the constitution. Not only that, ken starr, but you make the point that the power is supposed to be in the state legislator but ultimately with congress because then Congress Counts the votes and objections can be raised and i wont get into all the weeds and processes and so forth but decision desks and news organizations, as you pointed out and i want to underscore do not choose the president of the United States. They can give their opinion all they want and they can issue declarations all they want but we follow the constitution. Judge starr, i want to thank you very much for your sober thinking and your edification for me and the rest of the country. God bless you, sir. God bless you. Thank o you, mark. Mark well be right back. Thank you sofi for a great experience and for helping me get my money right. Tech every customer has their own safelite story. This couple was on a camping trip. When their windshield got a chip. They drove to safelite for a sameday repair. And with their insuran