the state legislature filed an emergency appeal with the u.s. preme court, asking for a the -- stay.y what what the supreme court had done, -- the rules the state supreme court set in place would stay in place for the election. that does not prevent the campaign or the state let's later going back to the supreme court and saying you need to take the case on the substantive merits and make a decision. it may be too late. if those ballots that were received after election day were not segregated and have already joined in thend anonymity of the ballot box, even if they got a positive decision from the supreme court, it might be too late to do anything about it. our: if you want to ask guest questions, if you support joe biden, it is (202) 748-8000. if you support trunk, it is (202) 748-8001. (202) 748-8002 if you supported another candidate or if you did not vote. you can text questions at (202) 748-8003. as we were having that conversation, caitlin collins reported that in pennsylvania, the lead bys taken just over 5000 votes. does that strengthen

that beginning says and final say and it is the state legislature, and they're being pushed aside fortate courts. they're being pushed aside by the boards of elections. they're being pushed aside by the governors, and then when you dare to raise it say wait a minute full stop the state legislature gets to decide how the electors are chosen you're accused of trying to press, suppress, racism, disenfranchise ment all of the usual that we get from the left. now on another topic that's really important we see individuals saying we need to keep a list of people that have been associated with this administration almost an enemies list you've seen it by aoc, you've seen it by jennifer ruben what do you make of this? >> well, in fact, jennifer ruben put out a tweet saying not only there should be a blacklist of everyone who is associated with the campaign, she also wants to blacklist of anyone who talks what about we've talked about today had is if you talk election fraud, you should be on that blacklist and she calls for anyone like that to be exiled from society and to not be given a job in

senators were selected by the state legislatures. urse, ishing, of that the electoral college is intimately tied to slavery. the slave states in no way would countenance the popular vote for the president because then the slaves would count for zero. and of course, the free states did not want the slaves to count for anything, so there was this notorious 3/5 compromise. for purposes of congressional representation and the electoral aslege, slaves would count 3/5. treated asy were property and the slave states, they would expand the congressional representation and electoral college votes of the slave states. host: behind that definition from professor lippmann, we have a social media faller who want -- media follower who wants to know do you believe a republican can win the white house without the electoral college. when is the last time a republican won the electoral college and the popular vote? guest: in 2004, had 60,000 votes changed in one state, george bush would not be president, despite winning the popular vote. this is a nonp

the state legislature still has to validate their electors. believe that in states like pennsylvania where you have rampant corruption, the state legislature can step in and say we believe there is corruption. we are going to assign our electors to who we believe is the winner. and the state legislature can pick donald trump. i don't expect that to happen. it is because republicans don't fight. but if they want to fight for their democracy, they have to assert their dominance over the rules. rule.me blanket, federal if it comes out of hr one or the new york times, dump it because it is corrupt. host: ok. guest: a lot to unpack. the caller used the word cheating. that is fraud. cheating is a special thing. that is different from election maladministration. we don't have proof of cheating. and i am not saying we will. but that is minuscule. it is a drop in the bucket. it is like getting attacked by a shark twice by it -- twice in your life. it does not haven't enough to worry about it. we could use more money in the states so they can pull off h

but his last several legal challenges, his lawyers now say that state legislatures should ignore the voting results in swing states like michigan and give their electoral college votes to trump. while meanwhile, joe biden has held a socially distanced meeting with vice. president elect camel harris and senior democrats. nancy pelosi and chuck schumer biden is also celebrating his 17th birthday. he's yet to speak on the trump team's latest political maneuvering. but one of his leading lawyers, bob bauer has said they have no chance of overturning the result in michigan. no state legislature in our country's history ever has done with donald trump is apparently agitating for the michigan state legislature to do which is to ignore the results of the popular vote election and wrest control from the voters or attempt to wrest control from the voters. and appoint their own slate of electors to send to washington. now, the reason is never absent before is that it cannot be done. and the constitution does not permit a state legislature to do with donald trump wants the disc in state legislatu

his lawyers say state legislatures should ignore results in swing states like michigan and give their electoral college votes to trump. surging coronavirus cases are threatening to overwhelm health systems across the planet. the world's worst hit country, the u.s. recorder 2015 there on thursday. it's the 1st time that its daily death count has crossed the 2000 mark. since may, it's not much better across the southern border, mexico's covert 1000 deaths toll is now cross the 100000 mark just 4 days after reporting more than a 1000000 infections. india has now recorded more than 9000000 coronavirus cases. it's especially bad in the capital, new delhi where intensive care ward are nearly at capacity. and the main crim atory m is packed. and here in europe, the w.h.o. says the winter surge is killing one person. every 17 seconds. the number of cases is now past 50000000, but lockdowns in several countries do appear to be bringing down the transmission rate. meanwhile, us from a suitable company, pfizer and its german partner biotech, are applying for emergency authorization for their cor

his lawyers say state legislature should ignore results and swing states like michigan and give their electoral college votes to trump. trump alleges widespread voting irregularities in the election, which was won by his rival joe biden, but trump has lost several legal challenges. well, one of joe biden's leading lawyers, bob bauer says the campaign has now lost 28 lawsuits in the past 17 days leading to their latest change in tactics. but he also says they have no chance of overturning the result in michigan. no state legislature in our country's history ever has done with donald trump is apparently agitating for the michigan state legislature to do which is to ignore the results of the popular vote election and wrest control from the voters or attempt to wrest control from the voters. and appoint their own slate of electors to send to washington. now, the reason is never happened before, is that it cannot be done. and the constitution does not permit a state legislature to do would donald trump wants the disk of state legislature to do? corona virus related deaths in mexico have pa

the state legislature filed an emergency appeal with the u.s. e court, asking for a the -- stay.y what what the supreme court had done, -- the rules the state supreme court set in place would stay in place for the election. that does not prevent the campaign or the state let's later going back to the supreme court and saying you need to take the case on the substantive merits and make a decision. it may be too late. if those ballots that were received after election day were not segregated and have already joined in thend anonymity of the ballot box, even if they got a positive decision from the supreme court, it might be too late to do anything about it. our: if you want to ask guest questions, if you support joe biden, it is (202) 748-8000. if you support trunk, it is (202) 748-8001. (202) 748-8002 if you supported another candidate or if you did not vote. you can text questions at (202) 748-8003. as we were having that conversation, caitlin collins reported that in pennsylvania, the lead bys taken just over 5000 votes. does that strengthen the

and the constitution does not permit a state legislature to do with donald trump wants a biscuit state legislature to do more than 6000000. people have now been infected by corona virus in brazil, it's only the 3rd country in the world to pass that milestone after the u.s. and india. more than 38000, new cases have been recorded in the past 24 hours. and the as area army says it's entered ag down a district that's been under armenian control for nearly 30 years. it's one of 3 areas. armenia has had to hand back as part of a cease fire deal to end 6 weeks of fighting over the disputed region. of nickel, look at about those of the stories. more news from though and half an hour coming up next, it's counting the cost, thanks for watching by the american people have finally spoke in america as i slid this off balance or become more dangerous. the world is looking and i was sure sanderson, with the election behind us will the republican party dumptruck the deal we keep take on us politics and that's the bottom line. i'm adrian from again, this is counting the cost on al-jazeera. look at the

or even article it of the constitution gives the authority solely to state legislature to make elections not judges not secretary of states and con sent decrees nobody but the state legislature. try to sort this out for you a little bit here. first of all, people come on television and they say, where is the evidence? i want to see the evidence. i want to the see all of the evidence do you have enough evidence not just this side or the other. let me explain how civil litigation works this isn't criminal litigation. the trump campaign doesn't have a grand jury. they don't have fbi investigators. they don't have subpoena power. they're bringing civil suits. now, let me explain this to file a civil complaint, you need a reasonable basis and fact in law. allegations can be made on information and belief. now a motion to dismiss test the legal sufficiency of the complaint. assuming everything in the complaint is true, does it state a claim upon which relief can be graduated. so for motion to be dismissed, everything is assumed to be true and all reasonable inferences are granted to plaintiff

his lawyers say state legislatures should ignore results in swing states like michigan and give their electoral college votes to trump. no state legislature in our country's history ever has done what donald trump is apparently agitating for the michigan state legislature to do which is to ignore the results of the popular vote election and wrest control from the voters or attempt to wrest control from the voters and appoint their own slate of electors to send to washington. now, the reason is never happened before is that it cannot be done. and the constitution does not permit a state legislature to do would donald trump wants the disk of state legislature to do so. and us pharmaceutical company, pfizer and its german partner biotech, will become the world's 1st companies to seek emergency authorization for their corona virus vaccine health secretary alex asat has described the move as the light at the end of the tunnel because it means a vaccine that could be available within weeks. well that's the news up front is that it's that talking with people on both sides of the ethiopian co

the state legislatures chose he united states senators. of course, you also had the house of representatives elected state by state. they couldn't be elected at large in the state or by districts within the states. and as i explained the electoral college was very much tied to slavery, and at the time the differentials between the states were minimal compared to the enormous differentials between the states today. host: i think if you look, allan lichtman, you read article two, section one of the constitution establishing the electors, and even sort of the average citizen sort of reading that, it's such thick language. when in the process of writing the constitution did the electoral college, this process for electing our president, when and why did that come about? guest: yeah, first came about during the debates in the constitutional convention of 1787, and it was part of broader disputes between the slave states and the free states and the large states and the small states that led to a number of compromises within the constitution of t

democrats invested about $100 million in an effort to take control of state legislatures, but failed consequences of this for the next decade, because lawmakers in many states will draw the new districts based on the new census districts. l leeann, why did democrats do so poorly in state races? >> reporter: so the downballot elections at the start of a decade are critical. whichever party controls the state legislature in most states draws the congressional district maps. we've all heard about gerrymandering, and it's a partisan issue. democrats knew that, and invested an enormous amount of money, $100 million, to make sure democrats did well in the state races. democrats trying to flip state legislature seats in arizona, texas, georgia, north carolina. they won zero of those, and also lost the legislature in new hampshire. now, why did this happen? well, i talked to some leaders in one of the states, north carolina. the democratic minority leader in the house of represents there, he attributes it to an overperformance of trump voters. they lost seats they won in trump districts in 2

and the constitution does not permit a state legislature to do would donald trump wants the disk of state legislature to do? well, the term campaign is pursuing battles in several states where joe biden has a majority in the last few minutes, georgia has certified its results after a manual recount, and that on thursday, when the former vice president still ahead by more than $12000.00 votes in wisconsin, biden leads by a around $20600.00 votes, but the trunk campaign a spade, more than $3000000.00, for a recount. in 2 counties there in pennsylvania, he leads by almost 82000 votes, but trump's team says the republican controlled legislature should choose the winner. and in arizona, where biden is more than 10000, votes ahead, the local republican party is asking for a delay to the official result until a sample of ballots is recounted. alan fisher is live from the white house is so, i mean, allan, you know, it is looking increasingly more like the trump campaign really doesn't have a leg to stand on in many ways, but they're still pursuing any avenue they can. they're running out of road.

could get when the constitution said it's up to state legislatures, that is the question, the key the supreme court have to go two if they take this case, not weather judges and other bodies outside the legislature can change the rules after they were set by th legislature. thank you all. stick around, a lot to talk about but next step, how democrats did not see that blue wave after all. the gop picked up seats and several house races are still undecided at this hour. minority whip steve scalise joins usfor to weigh and live . 2020 lowest 5-year cost to own brand, and most trusted brand for six consecutive years. no wonder kelley blue book also picked subaru as their 2020 best overall brand. a trusted brand and a proven value. it's easy to love a subaru. get 0% apr financing for 63 months on select new 2020 models, now through november 30th. and remember the moment that things, for one strange time in our lives, got very quiet. we worried over loved ones, over money, over our planet, and over takeout. let's remember this time when so many struggled to feel secure, and build a future w

state legislature to do. state legislature is prescribed the manner in which the electors in 2020 were to be chosen, and that is to the popular vote. they cannot after the fact turn around and change those rules retroactively. imran: alan fisher is live for us from the white house. donald trump has been appearing for the first time in a week. he has been meeting with people from the state of michigan, but no concession speech. one might describe it as continued belligerence. alan: he was hosting an event in the white house briefing room to talk about prescription drug prices, but he couldn't help himself from talking about the election. he said big pharma had decided to delay news of a covid vaccine to hurt him politically. the companies have said that is simply not the case. he also said that both drug companies spent millions of dollars to stop him at becoming president because he said he was going to cut drug prices. he said everyone was against him including the media and a number of enemies, and he said

often they are attacked by their own state legislatures and state governors who were trying to get them to do partisan work when they want to just administer elections fairly. i think we should see this those locallping election administrators to do the work and give them the support and resources and also helping to share best practices. hr one. be an add on to forink it is essential really putting a floor on what should be pragmatic. host: talking about increasing federal role in federal elections. we asked if you support or oppose that. he's also the author of a new book, the case for multiparty democracy in america. we have calls waiting period upper mar brougham, maryland supporting the idea. caller: thank you for taking my call. i think this is too important for us to take a hodgepodge approach across the nation. i think like highway signs are all green and stop signs are already throughout the nation that our voting system should be one way. not done here differently than somewhere else because it does allow for things that have happened recently to come into play. i think it is

where a coalition of black and white voters and politicians were able to gain control of the state legislature and of the state patronage to affect the changes of allowing black people to sit on juries. of establishing schools for black people like virginia state university. they carried out the work of of ending the whipping post. it is often told through the story of william mahone who was a former confederate general

, but it's the state legislature who slowly sets the parameters on which this could happen. recall, couple of months before the election, the postal service sent a letter to 46 states saying our service level agreements are not going to be compliance with your loss. you have to look at your law. this set off a whole flurry of the discussions. you have a look florida, they fixed this in florida. they got it right. we knew the night of the election, one of the biggest dates we have. these other states give you a lot more pause and real? 's like in michigan and pennsylvania and others. you just wonder, why can't you get your act together like florida? >> shannon: we are laboratories of democracy, everyone figures it out on their own. >> this is under the constitution, states are in charge of the time, place, and manner of elections. if they are also the ones that have the sole authority to decide what to elect presidential electors. this is an important feature of our federalism, states are allowed to experiment and try different things. that's why great solutions to our social

legislature. not the secretary of state. not the court. it's the legislature that's responsible. these states the legislature ought to demand to be called back into special session. they ought to take charge. jesse: why aren't they doing it? why does it seem like the president's team is the only one fighting this. it seems everybody else accepted it and moved on and they don't care if there are lawsuits of fraudulent ballots cast. >> i have been active in the republican party for a very long time. so i think i can say with some knowledge, republicans play badminton, democrats play pro football. you know, frankly i don't understand why every one of these legislatures is not demanding to be called back into session. governor kemp refuses to call a special session. i can't for the life of me understand why a republican governor would preside over massive theft and do nothing to stop it. jesse: i agree. we are playing some football, people. joe biden preaching unity. but some of his fellow democrats are sending a contradicting message. we have to collectively burn down the republican

the constitution does not permit a state legislature to do would donald trump wants the michigan state legislature to do the state legislature is already prescribed the manner in which the electors in 2020 were to be chosen. that is through the popular vote. they cannot after the factual around and change those rules retroactively the united states recorded 2015 coronavirus deaths on thursday is the 1st time its daily death count has crossed the 2000 mark. since may pharmaceutical company, pfizer and its german partner biotech, emergency authorization in the united states for their 1000 vaccine. if their request is approved, the vaccine could be available within weeks. he says a district that's been under armenian control for almost 30 years. it's one of 3 areas that armenia has stand back as part of a cease fire deal after weeks of fighting in the disputed region of lugano, about russia helped broker the choose, has been, has had for peacekeeping forces on hand to oversee the transfer. those are the headlines. talk to a coach, is there a school realistically? how can you do it? instit

andot back into politics mary said, you're not running for the state legislature. and he had been elected, you're going to quit. you're not going to serve. it's beneath you. you are running for the united states senate, and she made him quit. he ran for the senate in 1855, he lost in the legislature. long story. he threw his votes to the anti-slavery democrat. in order to block stephen a. douglas's candidate. thats a preliminary action helped create the coalition of the republican party. back to mary. when lincoln lost to trumbull, who was a distinguished figure, mary's best friend was trumbull's wife. and she would never speak to her again, because trumbull had become senator and not her husband. so she was fiercely jealous of lincoln's position, even more so than lincoln. >> [indiscernible] letters,ces -- communications, newspapers and so forth. dialogue in the book? >> there is. >> we attened ded a book fair last week. he mentioned you. he wrote the book about lincoln's early days. >> yes, the novel. >> not a biography. lecturinga woman about her great-grandfathe

basically, the state legislature -- the rules for an election. secretary of state and the direct or or of elections -- director of elections in pennsylvania decided to run a different election than the law provided. they allowed people, for example, in democratic parts of the state to change their ball but not in republican -- ballot but not in republican parts of the state. they actually looked at the mail-in ballots, and if they were in democratic parts of the state, they'd call you up and allow you to fix it. in republican parts of the state, they wouldn't do that. i mean, that is completely crazy. totally illegal. then -- lou rudy, what is the -- i'm sorry, go ahead. >> well, the step in pennsylvania is pretty simple, they can decertify the result, and they can certify that trump was the winner. the state legislature has that power. in fact, it belongs only to them. the governor of the state has absolutely are no power over presidential election. the election commissioners, the constitution of the united states says the state legislature will

president trump is leaning on members of republican-controlled legislatures in states that biden won.w him bring these michigan republicans to the white house today. cnn is reporting that pennsylvania's next, that he may ask republicans from the legislature in your state to come to the white house too, to pressure them. i just have to ask if you know anything about that in the state. >> i'm like, yeah. i'm like, go, dude. enjoy yourself. have fun with it, but it's not going to change anything. and, you know, a new wrinkle to all that story is that there's actually been a covid flare-up in the pennsylvania house just recently as today. so i don't see that movie having a happy ending for the president. so it's really not anything that i'm concerned about, nor should any of your viewers be concerned about. and then when you see the quality of the legal representation that he's been able to secure for himself, it's -- it's just kind of sad and demented. >> is the certification of the vote in pennsylvania going to go smoothly? is there any potential bottleneck in the system? like in michig

democratic process and i think there is essentially, no chae that the trump campaign could convince a state legislature to try to overturn the results of the voters in that state. but even if they did, they have no power to do that. the constitution gives the manner of selection to the state. but it gives the timing of the choosing of the electors, the congress, and congress selected november 3electors, so the rule that were in place on november 3 will be used. after november 3, the state legislatures, unless they have reserved to themselves a role after the election, have no role. the state legislature, as a matter of constitutional law, has no power to now say, we're going to appoint electors after the election day set by congress. >> you both have stated how important a concession from the president is, not in terms of legal consequences but for the political and spiritual well being othe country. >> yes. >> there is absolutely nothing in the public record or in the experience with this president to suggest that he is prepared to concede. what happens if he doesn't? >> i've got a lot of faith in pre

killing our democracy that's how we wound up in states like michigan and wisconsin pennsylvania and north carolina with extreme right wing republican legislatures in states that are evenly divided ohio. for god's sakes at 5050 democrat republican state the state legislature is a super majority republican and as is the congressional delegation and that's what one of the reasons our government is so unresponsive is because these people get these seats in the in the state legislatures and congress and they're completely safe because they're not competitive elections where it's actually been improved as california california has a very good redistricting commission which is non partisan or by multi parties and actually and in 20062008 both the wedges from each and the congressional delegations were put under control of this district the commission and guess who funded it arnold schwarzenegger choice nader put $3000000.00 of his own dollars in for a statewide campaign that was successful and thank you arnold you know for for helping students auto for the rest of it and over the next 4 years if we can win state referenda and maybe even get federal le

flipping in fact the republicans gaining ground in the state legislatures. quite confident that after georgia, we are going to be in the majority here in the united states senate. it really was a validation of the things that the republicans majority and republican party are doing to try to advance the furtherance of the american people. so haven't taken all 11 in purpose and had perspective, i think now we have an opportunity to move forward. the presidential race will be resolved at some point. but there is a lot of work that we have to do for the market people. and i look forward to working with our team and with our members. hopefully with democrats who decide they want to work with us. now that is been made clear that what they were trying to move forward, is not with the market people want to see happen here. but we can get some good things done and then we can deal on the ongoing crisis in front of us with the respective the pandemic by the end of the year. hopefully this authorization bill gets done . keep some things up to get to work next year for

first i understand tomorrow is the final day of the pennsylvania state legislature meeting. do you have the support that you need to replace electors with those who would appoint or apportion the state's votes to donald trump any think you made clear, that is the goal with the resolution. do you have the political support to do so? >> yes. the hardest part right now as you rightly said is timing. we have one day before our current session expires. so things need to happen to make sure we actually have more time, it is just no time, to get the next body of senators and representatives seated before january. and so it is an odd time. i don't know why this rule is in place here but we need to get ourselves seated here. there is good thing, there are

having been the first woman to graduate from the citadel in 1999 she also served in the state legislature. nancy mace joins me now. >> thank you for having me on this morning. >> we have followed your career. we have had you on before. tell me about your win. i know on election night you were hungry and barely had any sleep celebrated at the waffle house where it all began. tell us about that story. >> we sure did. election night was like a roller coaster. up and down all night. ap finally called the race at 2:00 a.m. i got an hour of sleep so exhilarating and overwhelming. yesterday 10:00 a.m. waffle house where i had my first job. i wanted to finish where all of this started for me 25 years ago. it was very exciting moment

and then the argument goes that state legislatures -- in these cases, republican state legislatures -n, and they could certify trump electors and override the will of the people in that state who had elected by a majority biden electors. whether you think that's going to happen or not, judge starr, is that constitutional? >> well, the legislature does have the ultimate authority, as we know, under the constitution to determine how the electors are chosen. however, in each of the states there are going to be state laws that cabin that discretion. and i've seen that a number of republican legislators in different states, at least four states, have said we would not do any such thing. so i think it's more of a theoretical possibility. if i may respond just very briefly to what larry said earlier, i'm really astonished that his view is every one of those votes is a legal vote. and i think that's the underlying assumption, and that assumption needs to be tested. we had this unprecedented use, this flood tide of mail-in ballots and what we do know, everyone has heard if his or her ears are

first, mine, which is this idea of state legislatures coming in and overwriting the will of the peopleat state and in these cases where biden is ahead, choosing trump electors rather than biden electors, and also if you could respond to the judge. >> professor tribe: sure varied as to the first, i think judge starr pretty much had it right. it's the state legislatures that make careers, they are not going to risk their own political future by trying to override the overwhelming views of their own constituents and besides, the state legislature is it self creature of state law and those state laws, the governors have veto power. as to the point that judge starr has just made about these anecdotes, i've heard the anecdotes. when they are tested in court, everyone of us had been shown empty or has been withdrawn. there are cases all over the country of people saying i made a mistake. so the fact is that these anecdotes have already been tested in court. the trump legal team is about 1 for 19 in terms of outcome. let's get on with it. we had a peaceful succession ever since adams turned th

problem, which is to pull off essentially an anti-democratic coup across three states and three state legislatures all telling their voters in their states who voted for the other guy get out of here, we're wrenching the power back. that is a very tall hill to climb. barton gellman -- >> it's a tall hill to climb. i think you're probably right he's not going to get away with it, it's not going to happen. i believe joe biden will be sworn in. but i wish i could believe that it's impossible. i wish i could believe that it's completely out of the question. and i don't. what are these two guys doing flying to washington to sit down, the speaker of the house of representatives in michigan and the majority leader of the senate, why do you take that meeting? can you imagine what it's like to be a state legislator led into the oval office maybe for the first time in your life and this very powerful president with all of the awesome accoutrements of his office tells you that you've got to do your constitutional duty, that you cannot be the one who allows democrats to get away with this fraud, making up vot

supreme court could marshal 5 votes to say oh it's the state legislature that has the final word not the pennsylvania supreme court as to how the votes ought to be tabulated and counted ok remember this that in the u.s. supreme court you need 4 out 9 justices simply didn't get a case heard it's not clear that you could marshal that 4 votes amy komi barrett who has not participated in any of these election cases and was nominated and confirmed just before election day ok has not indicated whether she my recuse herself because of the socio in with president bush i mean excuse me president trump so close the after her confirmation moreover in all of the supreme court's cases the most number of justices who've ever voiced sympathy for the view of mr alito is 3 and 3 as far short of the majority of 5 that you need so i think even in pennsylvania again which is not a question of voter fraud that you are very unlikely to get the u.s. supreme court to enter scene and there's a last point to be made as well on. the voters in pennsylvania relied upon the pennsylvania supreme court decision in

, each of the state legislatures would take a vote on the preferred candidate and the state's whatever candidate got support from the most states would become the new president. then a third main option that was considered was from a subset of members of the convention who really wanted a direct popular vote for the president, largely arguing that was the only way to ensure that the presidential office had any sort of separation from being inclined to be dominated by either the states or the congress. then of course there was some other proposals. alexander hamilton largely made a proposal about something like electoral college, an electoral college that would choose a president for life and pick a new one when the president died. you had a lot of different ideas thrown out there about how would be the president and how would we get to the president. there was certain concerns that drove the tenor of these debates around certain options. there were things many of the founders were concerned about achieving or avoiding through the method of presidential election. i'm going to run throug

senators were selected by the state legislatures. se, ishing, of that the electoral college is intimately tied to slavery. the slave states in no way would countenance the popular vote for the president because then the slaves would count for zero. and of course, the free states did not want the slaves to count for anything, so there was this notorious 3/5 compromise. for purposes of congressional representation and the electoral aslege, slaves would count 3/5. treated asy were property and the slave states, they would expand the congressional representation and electoral college votes of the slave states. host: behind that definition from professor lippmann, we have a social media faller who want -- media follower who wants to know do you believe a republican can win the white house without the electoral college. when is the last time a republican won the electoral college and the popular vote? guest: in 2004, had 60,000 votes changed in one state, george bush would not be president, despite winning the popular vote. this is a nonpar

electors, so pennsylvania could send two, one attested by the secretary of state, one by the state legislature. in that circumstance is it possible that what the republicans and congress say, look, we've got two, let's not -- let's not count these two or three states in which case if biden doesn't get to 270 the election of the president goes to the house of representatives, decided not on the basis of a majority, which the democrats have, but a one vote per state delegation, which actually favors the republicans. i think there are 26 or 27 republican state legislatures. so all you have to do is gum up the works enough that biden doesn't get to a 270 talley in congress. >> you're sending a shiver down the spine of the 75 million people who voted for joe biden and so are you seeing any indication that we're headed for that scenario? >> well, 19 republican legislatures in pennsylvania yesterday made essentially the call that -- call for the legislature to do exactly what i outlined. it seems to be a minority right now. i pointed out this is an unlikely -- this is a kind of hail mary pass, but i

the constitution does not permit a state legislature to do with donald trump wants the michigan state legislature to do the state legislature is already prescribe the manner in which the electors in 2020 were to be chosen. that is through the popular vote. they cannot, after the fact on the round and change those rules retroactively faces. life for us from the white house to island dollars has been appearing for the 1st time in a week. he's been meeting with people from the state of michigan, but no concession speech. in fact, one might describe it as continued belligerence. well, he was whole thing, an event in the white house briefing room to talk about prescription drug prices. but of course, he couldn't help himself talk about the election. he said that big pharma, the drug companies, had decided to delay news of a covert vaccine to heart temp. politically. the companies have already said that's simply not the case. they went through the process that they had flagged up. he also said that those drug companies that spent millions of dollars to stop him becoming president because he

this was, remember, the constitution gives authority to the states legislatures, not to the secretarystate, not to the governor, not to judges. it says very directly in the constitution, the state legislatures, and these state legislators ought to stand up and do their job, and in a case of georgia, this is an absurd agreement that changes state law. it makes no sense at all, and they are to fight it. >> sean: speaker gingrich, thank you for being with us. all right, the mob, the media, they are now sunk, believe it or not, to new lows this week. especially fake news cnn. you're not going to believe what they had to say about the president. joe concha, tammy bruce analyze that and more, straight ahead. ♪ history also destroyed the lives of thousands of jewish survivors still suffering today. god calls on people who believe in him to act on his word. "comfort ye, comfort my people." especially during this holiday season of hanukkah. when i come here and i sit with lilia i realize what she needs right now is food. these elderly jews are weak and they're sick. they're living on $2 a day

the state legislatures chose he united states senators., you also had the house of representatives elected state by state. they couldn't be elected at large in the state or by districts within the states. and as i explained the electoral college was very much tied to slavery, and at the time the differentials between the states were minimal compared to the enormous differentials between the states today. host: i think if you look, allan lichtman, you read article two, section one of the constitution establishing the electors, and even sort of the average citizen sort of reading that, it's such thick language. when in the process of writing the constitution did the electoral college, this process for electing our president, when and why did that come about? guest: yeah, first came about during the debates in the constitutional convention of 1787, and it was part of broader disputes between the slave states and the free states and the large states and the small states that led to a number of compromises within the constitution of the united