Posted on 12/03/2020 8:27:45 PM PST by TigerClaws
Posting as a vanity but based on the linked article:
As January 6, 2021 approaches, the two parties take to cable news and social media to test various arguments as to why their candidate is the winner entitled to be inaugurated as president on January 20. Some Republicans take the especially aggressive position that Mike Pence, as President of the Senate, has the unilateral authority under the Twelfth Amendment to decide which certificate of electoral votes from Pennsylvania is the authoritative one entitled to be counted in Congress and that he, accordingly, will count the certificate from the electors appointed by the state legislature because the Constitution authorizes the state legislature to choose the method of appointing electors. These Republicans point to the historical pedigree of this position, observing that Republicans made the same argument during the disputed 27. See id. (“Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.”).
322 Loyola University Chicago Law Journal [Vol. 51 election of 1876 and that at least some recent law journal scholarship has supported this position.28 Unembarrassed by the apparent conflict of interest caused by Mike Pence simultaneously being a candidate for reelection and arbiter of the electoral dispute, these Republicans observe that Thomas Jefferson was in essentially the same position during the disputed election of 1800 and yet the Twelfth Amendment left this provision in place when Congress rewrote the procedures for the Electoral College afterwards. While it is true that an incumbent Vice- President might have a direct personal stake in the electoral dispute to be resolved, the Republicans argue, at least the glare of the spotlight is focused on whatever the vice president does in this situation, and everyone will be able to judge whether the vice president acted honorably or dishonorably in resolving the dispute. Other Republicans offer an alternative argument, which would still lead to Trump’s reelection. They contend that, under the proper interpretation of the operative federal statute—the Electoral Count Act of 1887—Pennsylvania’s electoral votes must be discarded because both conflicting submissions of electoral votes from the state purport to be timely and authoritative under state law.29 Because neither submission has inherently higher status from a federal vantage point, according to this alternative argument, both submissions in effect cancel each other out, and there are no electoral votes from Pennsylvania to be counted. Moreover, this argument continues, Pennsylvania’s failure to appoint electors in a manner capable of recognition by Congress alters the arithmetic for determining which candidate won an Electoral College majority. Because Pennsylvania did not validly appoint any electors, only a total of 518 electors were appointed (the usual 538 minus Pennsylvania’s 20). Trump won an undisputed 260 Electoral College votes apart from the controversy over Pennsylvania. Because 260 is a bare majority of 518, these Republicans contend that Trump has secured “a majority of the whole number of electors appointed,” within the meaning of the Twelfth Amendment, and thus must be recognized as the duly elected president for a second term.
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Robert Barnes @Barnes_Law Did you know @VP enjoys Constitutional authority to not count any electors from a contested state? Law scholars and legal historians both generally agree on that point.
https://twitter.com/Barnes_Law/status/1334589905230434306
If this is ‘the plan’ ... Trump needs to resign, have Pence become President, then have Pence pick a VP that has no further political ambitions - that VP will be Borked for life .... that said, I like the plan ....
President Pence? Is Bush not available? /s
Or Romney
Good point about Romney. But yeah, Pence hasn’t exactly lead the charge on voter fraud. He was pretty silent during the impeachment BS. He steered clear of the Russia fraud except to make sure Flynn was fired and McMaster and his crew came in.
To me, he is to Trump as Bush was to Reagan. The GOP insurance policy.
“...then have Pence pick a VP”
If Pence is USA president, then he is not president of the senate. The VP is the president of the senate.
I may be wrong, but I think Pence has been a loyal supporter of President Trump and will be a great POTUS following President Trump’s next 4 years.
Where did they calculate 260 EVs for DJT? GA + MI = 32 votes but they are not undisputed.
Pence’s pick would never pass the House.
No if the senate votes 50-50 he will vote for himself for VP. House picks POTUS by delegation.
Maybe. But he was behind calling Flynn a liar. He was very willing to listen to Yates. He was AWOL during the four years of attacks and abuse of Trump.
Did he ever call out McConnell for never going into recess for four years to prevent recess appointments?
Did he do anything to get the GOP behind him?
Were the people he recommended for the cabinet loyal to Trump?
Did his NSC aid Jennifer Williams testify against Trump in the impeachment hearings?
The veep is supposed to be the attack dog.
He’s a snake in the grass.
The short answer is no. The long answer is no.
What’ll REEEEE ally make their heads explode.
BIG MIKE 2024
Pence 2028
ET 2032
phone House 2036
The Real BIG MIKE
I may be wrong, but I think Pence has been a loyal supporter of President Trump and will be a great POTUS following President Trump’s next 4 years.
Funny.....reading your post....and, then nick....that’s exactly the phrase Pence uses, a LOT.
:-)
I concur. Pence has been loyal and I think he would make an excellent President.
Who were Pence’s best pals in Congress? Paul Ryan and Jeff Flake?
Who was there pushing Trump to fire Flynn at the beginning of the admin, which ended up as the pretense for the Mueller investigation?
All well and good except that Trump is sitting at 232 not 260. Take away Pennsylvania and Biden still has 286. More than enough to win.
Yes.
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