“By objecting to electoral slates, members are unavoidably asserting that Congress has the authority to overturn elections and overrule state and federal courts. Such objections set an exceptionally dangerous precedent, threatening to steal states’ explicit constitutional responsibility for choosing the President and bestowing it instead on Congress. This is directly at odds with the Constitution’s clear text and our core beliefs as Republicans,” Cheney wrote in the memo, which was published Sunday.
As for the proposal by Sen. Ted Cruz, R-Texas, to form a commission to conduct “an emergency 10-day audit of the election returns,” Cheney responded with barely concealed scorn.
“Did those proposing a new commission realize that they were in essence proposing to delay the inaugural? Did they mean to set up a new future precedent where the inaugural is delayed and we have an ‘Acting President?’ For how long? Who decides when that process is over? Will that require another Act of Congress? Could the Acting President veto any such future Congressional action? If Congress has authority to create such a commission now, are state elections, recounts and state law legal challenges just ‘make-work’ until Congress gets around to investigating and deciding who should be President?” Cheney wrote.