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originally posted by: Arnie123
I'm loving this, seriously.
The Trump Presidency has shown so many paths and avenues via the Court route, to include obstructionist Dems.
Fact is, we're all in uncharted Constitutional waters and most don't even realize the full extent of what is afforded to Trump.
If Trump wins through another route, it'll be the greatest move made by anyone, EVER, inregards to the Presidency.
When the case reaches the Supreme Court, the justices have been traditionally reluctant to pick winners and losers in elections. Also, the Supreme Court is likely to insist that questions of voter fraud had to be settled in state and federal trial courts. In the federal court system, the Supreme Court would expect the federal district courts to have adjudicated whether or not voter fraud occurred and if it occurred in sufficient numbers to award the presidency to Trump. Unfortunately, given the Constitutional deadlines, including the setting of the inauguration day on January 20, 2021, there may not be enough time for the federal district courts to conduct the trials that would be required.
Fortunately, the Constitution provides the Supreme Court a remedy. When the Electoral College fails to vote 270 electors to any one presidential candidate, the solution is for the Supreme Court to throw the election to the Congress.
The Election Goes to Congress
According to Article II, Section 1, Clause 3 of the Constitution, as modified by the Twelfth Amendment, the U.S. House of Representatives votes for the president and the U.S. Senate votes for the vice president. In the House of Representatives, each state gets one delegate vote in the vote for president; in the U.S. Senate, the candidate receiving the majority of votes becomes the vice president.
originally posted by: DanDanDat
Civil war might not be to bad; but I wish I thought of this before I bought a new home in the "nice" part of town.
Override? Nah. It says if the EC can’t reach 270. And that amigo is looking f’ing possible more by the minute
originally posted by: Gryphon66
The Vice President is the President of the Senate. That means that the VP directs the sessions. This duty is usually ceded to the President Pro Tem who usually defers to the Majoirty Leader (which is not a Constitutional position).
No, the VP cannot just decide willy-nilly to ignore the Electoral College.
You guys just can't make up your minds. You've been singing the praises of the EC for four years, and now you want to override it.
Folks are going to start thinking you don't have any respect at all for our Constitution ...
The state legislatures alone have the authority if they choose to exercise it to appoint Trump electors even if Biden won the state’s popular vote for president. The states can also appoint electors that will declare the state does not certify the presidential election, even if “Safe Harbor” measures are invoked in favor of Biden.
The point is that Article II is clear that the power of the state legislature to choose the electors under the Constitution is “plenary,” meaning, full, complete, and unabridged at all times. In plain languages, this means a state legislature can appoint anyone the state legislature chooses to be an elector in this year’s presidential election.
The Election Goes to Congress According to Article II, Section 1, Clause 3 of the Constitution, as modified by the Twelfth Amendment, the U.S. House of Representatives votes for the president and the U.S. Senate votes for the vice president. In the House of Representatives, each state gets one delegate vote in the vote for president; in the U.S. Senate, the candidate receiving the majority of votes becomes the vice president. House Speaker Nancy Pelosi has salivated over this possibility, realizing the Democrats currently hold the majority of seats in the House of Representatives. But given that each state only has one delegate vote in this particular House vote, Nancy Pelosi will have to understand the GOP currently controls 26 House delegates, while the Democrats control only 23. In one House delegation, namely Pennsylvania, the count of Republican members and Democratic members is evenly split. In other words, if the GOP delegations in the House vote together, Donald Trump will win a second term as president. In the U.S. Senate, there currently are 53 seats held by the GOP and 45 seats held by the Democrats, with 2 seats independent, both of whom caucus with the Democrats. With the GOP being the majority party in the Senate, Mike Pence will be voted vice president, provided the GOP in the Senate vote together. What this means is that the selection of electors by the state legislatures this year could well become all important in determining who is inaugurated president and vice president on January 20, 2021.