Mark Levin: 'On January 6, We Learn Whether Our Constitution Will Hold'; and 'Whether Congressional Republicans Care'

AP Photo/AJ Mast

One week from today, four years of rancor, distrust, and bitter political divisiveness will come to a head on Capitol Hill, as Congress meets to vote on the certification of Electoral votes to make Joe Biden the 46th president of the United States.


While only God knows what will transpire just outside, and no doubt across the country, there is far more at stake than who becomes the 46th president. As Fox News host, author, and Constitutional lawyer Mark Levin sees it, January 6, 2021, will be more about whether “our Constitution will hold” — and “whether Congressional Republicans care” if it does.

In a Wednesday op-ed for The Blaze, “The Great One” masterfully laid out the gravity.

“The 2020 presidential election was, in several targeted battleground states, an unconstitutional electoral exercise. Even putting aside evidence of significant fraud, virtually none of which received a hearing by our courts, events leading up to and including the November national election constituted a radical and grave departure from the federal electoral system adopted by the framers of the Constitution and the state ratification conventions.”

None of this matters to the Democrat Party, Levin said, and why should it? They’ve been behind it from the nanosecond Donald J. Trump was declared the winner of the 2016 presidential election.

“Now, let’s be clear: None of this matters to the Democrat Party, since it and its surrogates perpetrated these unconstitutional acts, as I shall soon explain. Nor does it matter to the media, which is utterly illiterate on the subject and unequivocally supports the supposed outcome in any event.”

But win, lose, or draw, Levin suggested, we — the American people — should care and we should care a hell of a lot, as should Congressional Republicans — and for reasons far greater than the 2020 presidential election.


“But it should be of great moment and concern to the people of this country and especially to congressional Republicans in both Houses, for if the latter do not at least confront and challenge this lawlessness on January 6, when Congress meets to count the electors, it will be the GOP’s undoing and, simultaneously, the undoing of our presidential electoral system. Ultimately, it will be the people of the United States who love our republic who will be the losers.”

“Too many Republicans have already buckled, Levin noted, “including the Senate Republican leader, Mitch McConnell, Sen. John Thune, and Rep. Adam Kinzinger.” Others who are “unreliable and cowardly” will no doubt follow, Levin said, “when facing the organized mob.”

Levin was adamant:

But let us not be judged by those who have intentionally and strategically manipulated our politics and the law to undermine our constitutional order. It is they who must be condemned.

The Constitutional lawyer wrote in-depth about the intent of the Framers in the election of the president. Specifically, Article II, Section 1, Clause 2, which he said could not be more explicit.

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress …”

During the Constitutional Convention, Levin noted, the Founders discussed several proposals for selecting a president.


Should the president be directly elected by the people? That proposal was rejected out of concern that such a purely democratic process could be hijacked by a temporary majority.

Should the president be chosen in the first instance from within the national legislature? That proposal was also rejected on grounds of separation of powers.

Should the judiciary play a role in the selection of the president? That idea was dispensed with as being the most objectionable, as judges were to be the least political of all public officials.”

The importance of the Electoral College.

“The framers deliberatively and with much thought created the Electoral College process,” Levin explained, “in which the people and their elected legislatures — both state and national — would play important roles.”

“But the electoral process rested first and foremost on the state legislatures directing how the electors would be chosen. The reason: While rejecting the direct election of a president, the framers concluded that the state legislatures were closest to the people in their respective states and would be the best representatives of their interests.”

And this is where Levin suggests the presidential election process train (purposely and with intent) went off the tracks in the aftermath of the 2016 election — and we know exactly why that happened.

“After the 2016 election, the Democrat Party, its various surrogate groups, and eventually the Biden campaign unleashed hundreds of lawsuits and an unrelenting lobbying campaign in key states that had previously been won by President Trump, taking unconstitutional measures intended to stop President Trump from winning these states in the 2020 election, thereby literally undoing this critical constitutional provision.”


“What had been carefully crafted at the Constitutional Convention and clearly spelled out in the Constitution,” Levin said, “was the main obstacle to defeating President Trump and winning virtually all future presidential elections.

The problem for the Democrats was that in several of these battleground states, the Republicans controlled the legislatures, while the Democrats controlled state executive offices. “The Constitution was not on their side,” Levin said — so they purpose ignored it or went around it. He then laid out several examples.


“In Pennsylvania, considered the battleground of the battleground states, the Democrat governor, attorney general, and secretary of state made and enforced multiple changes to the state’s voting procedures, all of which were intended to assist the Democrats and Biden.

“The Pennsylvania Supreme Court, whose seven justices are elected, has a 5-2 Democrat majority. (In 2018, there was a big push by the Democrat Party to fill three of the seats with Democrats, and it succeeded.)

“Just months before the general election, that court rewrote the state election laws to eliminate signature requirements or signature matching, eliminate postal markings that were intended to ensure votes were timely, and extended the counting of mail-in ballots […] thereby fundamentally altering Pennsylvania’s election laws and nullifying the federal constitutional role of the Republican legislature.”



“In Michigan, among other things, the Democrat secretary of state unilaterally changed the state’s election laws with respect to absentee ballot applications and signature verification. Indeed, she sent unsolicited absentee ballot applications by mail prior to the primary and general elections. State law required would-be voters to request such ballots.

“She intentionally circumvented the Republican state legislature and violated the federal Constitution by issuing over 7 million unsolicited ballots.

“Furthermore, a court of claims judge, appointed by a Democrat, ordered clerks to accept ballots postmarked by Nov. 2 and received within 14 days of the election, the deadline for results to be certified. The ballots would be counted as provisional ballots. The state legislature had no role in these changes.”


“In Wisconsin, the Elections Commission and local Democrat officials in the state’s largest cities, including Milwaukee and Madison, changed the state’s election laws.

“Among other things, they placed hundreds of unmanned drop boxes in strategic locations in direct violation of state law. Not surprisingly, the locations were intended to be most convenient to Democrat voters.

“In addition, they told would-be voters how to avoid security measures like signature verification and photo ID requirements. These bureaucrats and local officials bypassed the Republican legislature in altering state election procedures.”



In Georgia, the secretary of state is a Republican. Regardless, as explained in the Texas lawsuit brought against Georgia and the three other states mentioned above, “on March 6, 2020, in Democratic Party of Georgia v. Raffensperger, Georgia’s Secretary of State entered a Compromise Settlement Agreement and Release with the Democratic Party of Georgia to materially change the statutory requirements for reviewing signatures on absentee ballot envelopes to confirm the voter’s identity by making it far more difficult to challenge defective signatures […]

In conclusion, Levin warned that if the outcome of the election is allowed to stand without a fight on Jan. 6, “it is difficult to see how this can be fixed.”

“The Democrats will view this as a sure sign that they are free to do more and even worse. It will become extremely difficult for Republicans to win nationwide elections (something the ten or so GOP senators who wish to run for president should keep in mind). It will also become increasingly difficult to win a Republican majority in the Senate.

“And the 2020 constitutional violations will be used as a baseline for even more unconstitutional manipulations of the electoral system. The Democrat Party’s goal is to turn the nation’s electoral system into the one-party rule that exists in virtually all blue states, especially California with its supermajorities.”

Congressional Republicans must uphold the United States Constitution, Levin said — which they took an oath to do — on behalf of the American people. The question is, as he asked at the top, do they care? How many of them do, and how much?


Seven days, America; win, lose, or draw.

I wrote an article in early December titled Mark Levin Has Seen Enough: ‘It Is Time for the US Supreme Court to Intercede’ — and He’s Definitely Not Happy With PA, in which I reported on the fiery Levin going absolutely off on Pennsylvania, and demanding that the Supreme Court intercede. That did not happen.

Seven days, America; it’s for all the marbles.


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