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To: jcon40

Read the Constitution - both can’t be from same state.

Substitute Romney and you might be on to something.


4 posted on 08/28/2021 9:45:32 AM PDT by FirstFlaBn
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To: FirstFlaBn

Didn’t know that. Thx


8 posted on 08/28/2021 9:46:44 AM PDT by jcon40 (The other post before yours really nails it for me. IOr keep people from / PC ing in ver and alway)
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To: FirstFlaBn

Like that means anything to those folks lmao


10 posted on 08/28/2021 9:47:48 AM PDT by al baby (Hi Mom Hi Dad)
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To: FirstFlaBn

Read the Constitution - both can’t be from same state.

************

What is this Constitution thing to which you are referring? Yes, we used to have one back in the day but its since been abrogated. /sarc


17 posted on 08/28/2021 9:50:52 AM PDT by Starboard
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To: FirstFlaBn
Constitution? Do any DemonRatz even know what that is?

Honestly, made me feel better - I had forgotten that tidbit.

24 posted on 08/28/2021 9:54:13 AM PDT by Aevery_Freeman (My favorite musical instrument is the BAN JOE!)
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To: FirstFlaBn; All

https://www.history.com/news/can-the-president-and-vice-president-be-from-the-same-state


29 posted on 08/28/2021 9:55:24 AM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: FirstFlaBn; jcon40

> Read the Constitution - both can’t be from same state. <

The Constitution prohibits Electors from voting for two people from the same state. But the Electoral College would not be involved here.

So I think a VP Newsom would pass muster. (It would go against the spirit of the Constitution, but not against the actual wording.)


30 posted on 08/28/2021 9:56:28 AM PDT by Leaning Right (I have alrseady previewed or do not wish to preview this composition.)
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To: FirstFlaBn
Read the Constitution - both can’t be from same state.

Absolutely false. Read it again.

45 posted on 08/28/2021 10:01:34 AM PDT by Jim Noble (The nation cannot be saved until the GOP is destroyed)
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To: FirstFlaBn

Yeah a “fusion” heal the nation ticket. All the sheep will applaud.


53 posted on 08/28/2021 10:08:32 AM PDT by dynachrome ("I will not be reconstructed, and I do not give a damn.")
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To: FirstFlaBn; jcon40

A correction to my previous post. Presidential Electors cannot vote for two persons from the same state *as themselves *.

From Article II of the Constitution: “The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves.”

Anyway, no Electors are involved here. So it could fly.


57 posted on 08/28/2021 10:11:13 AM PDT by Leaning Right (I have alrseady previewed or do not wish to preview this composition.)
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To: FirstFlaBn

Constitution? The same Constitution that prevents Harris from EVER becoming President because she’s NOT a Natural Born Citizen? THAT Constitution?


68 posted on 08/28/2021 10:24:16 AM PDT by CivilWarBrewing (Get off my back for my usage of CAPS, especially you snowflake males! MAN UP!)
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To: FirstFlaBn

> Read the Constitution - both can’t be from same state.

Maybe... but this is IMPORTANT


71 posted on 08/28/2021 10:25:48 AM PDT by SteveH
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To: FirstFlaBn
"Constitution? We don't need no steenking Constitution!" - Leftists
79 posted on 08/28/2021 10:43:45 AM PDT by newfreep (“Leftism, under all of its brand names, is a severe, violent & evil mental disorder.”)
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To: FirstFlaBn

Not only that but once a recall is started, the election must carry on and the office holder subject to the recall election cannot accept another political office per California law.


82 posted on 08/28/2021 10:45:07 AM PDT by DMD13
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To: FirstFlaBn
Read the Constitution - both can’t be from same state.

FALSE!

I will do exactly what you suggest and refer to the Constitution of the United States. Here is the beginning of the text of Article 2 of the Constitution

Article II
Section 1

The executive Power shall be vested in a President of the United States of America.

He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

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: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.

....

more stuff about how the electoral college works
So, the famous "President and Vice President can't be from the same State thing that we always hear isn't the actual prohibition. The actual Constitutional prohibition is on the votes that electors may cast.

If Biden resigns the governing law is NOT Article 2, Section 1 - because we don't use the Electoral College to replace a missing VP, they are appointed by the President and confirmed by the Senate AND House.

The Constitutional text for the replacement of the Vice President is in the 25th Amendment. Again, I will quote the relevant portions:

25th Amendment
Section 1

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

So, there you have it. In the current case the rules governing the normal election of the Vice President have nothing to do with the process to replace one mid-term. It's an appoint and approval process, not the electoral college.

So, yes, Kamala and Newsome could be POTUS and VPOTUS in the scenario the OP presented.

Let's get back to the commonly held myth that the POTUS and VPOTUS are prohibited by the Constitution from being from the same party. Even in the initial election (as shown above by the actual text of the Constitution) there is no such prohibition!

Let us imagine that for whatever reason that the Democrats had wanted another person from Delaware to serve as VP in 2016, and nominated them to the position.

Well, what that means is that only Delaware's electors are Constitutionally prohibited from voting for both Biden and the Dem VP from Delaware. That's because the Electoral College delegates are residents of Delaware too.

So, let us imagine then that the the Delaware electors (Delaware has 3 electoral votes) vote for Biden for President, and vote for a place-holder candidate for VPOTUS who is from another State, essentially "spoiling" their VPOTUS vote.

They have broken no Constitutional prohibitions.

The electors from all other states are free to vote for the Democratic ticket of POTUS candidate Biden of Delaware, and VP Candidate X of Delaware,

because they themselves (the electors) are not from Delaware.

There is NO Constitutional prohibition on them voting for those two candidates (POTUS and VPOTUS) from Delaware.

Because it's such a small state with so few EVs it is highly unlikely that the three missing VP votes for the Democratic VPOTUS candidate would change the result of the election.

So, that's the real story. But it' is often explained as "the President and Vice President" can't be from the same state. It's probably impractical for them to be from the same state, particularly if it's a large delegate rich State like California. Re-electing the Harris-Newsome duo would be very hard, because California (unlike Delaware in my example above, which has only 3 electoral votes) has 55 electoral votes! That would be a lot for the VPOTUS to sacrifice, and you might end up with no clear winner for VPOTUS, throwing it into the House.

Cheers!

95 posted on 08/28/2021 11:09:57 AM PDT by Vlad0
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To: FirstFlaBn
The Constitution only says that presidential electors can't vote for both a President and VP from the same state as themselves. That is, if Commie-la & Newsome tried to run as a ticket in 2024, they would forfeit California's electoral votes.

That doesn't have anything to do with an appointed VP, though.

102 posted on 08/28/2021 12:01:34 PM PDT by Campion (What part of "shall not be infringed" don't they understand?)
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To: FirstFlaBn
Read the Constitution - both can’t be from same state.

Actually, they can be from the same state. The restriction is that in the Electoral College, a state cannot vote for someone from their own state for both President and VP. So in an election, if both Harris and Newsome ran on the same ticket, the electors from California could vote for Harris or Newsome, but not for both. With a state with a large number of electors like California, that could result in the President and VP being from different parties. But in the case of an appointment, there is no Constitutional restriction.

103 posted on 08/28/2021 12:04:26 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: FirstFlaBn

They can be from the same state since no election is involved. The Constitution says that electoral college electors cannot vote for two candidates that are both from their state. So, even if both candidates were from the same state, only the electoral votes from that particular state would be involved.


104 posted on 08/28/2021 12:05:32 PM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: FirstFlaBn
Read the Constitution - both can’t be from same state.

I think they can. It's just that if they ran for re-election together, only one of them would be able to get the electoral votes from that state.

121 posted on 08/28/2021 12:59:58 PM PDT by rfp1234 (Comitia asinorum et rhinocerum delenda sunt.)
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To: FirstFlaBn

Yeah read your constitution like how a president and vice president have to be natual born citizens. I think its so cute that you really believe the Constitution is followed by the same people trying to get subvert it


138 posted on 08/28/2021 2:12:42 PM PDT by The MAGA-Deplorian (Democrats are lawless because Republicans are ball-less)
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To: FirstFlaBn

I think you are correct. It’s going to be mittens. Hope he rots on Kolob.


144 posted on 08/28/2021 3:05:42 PM PDT by wgmalabama (We will find out if the Vac or virus risk was the correct choice - can we put truth above narrative)
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