Replies

Mαχιмυs Fire Uηceηѕoяed
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FWIW The VP Role (addendum to “Constitutional Plan” pinned thread):
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-The VP is Constitutionally empowered to “count” electoral votes.
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-Under 12A, he alone counts the ballots and is the arbiter of disputes. Congress, largely, is just in an observational role.
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FWIW VP 2
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-For much of our history, especially during Election 1876, the VP exercised this power.
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-Confusion begins over the Electoral Count Act of 1887, passed after the chaos of Election 1886.
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-This act seeks to restrain the VP’s role by inserting provisions for objections.
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FWIW VP 3
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-However, it is unconstitutional because it 1) seeks to reduce the Constitutional power vested in the VP and 2) forces Congress to accept the “executive” (governor’s) slates of electors if a dispute cannot be settled. Both statutes violate Article 2.
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FWIW VP 4
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-In 1887, Republicans maintained the Act was unconstitutional. Since then, scholarship has supported this.
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-The VP also has the power to “preserve order”, the extent of which can be considerable as he oversees the Joint-Session of Congress, not the House Speaker.
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FWIW VP 5
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-If the VP wished to, he could claim a degree of constitutional authority and refuse to count a slate from contested states (See Hawaii 1960).
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-As a law professor said, “doing so would go against the grain of both the Electoral Count Act and historical practice.”
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FWIW VP 6
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-But recent (post-1887) “historical practice” is not Constitutional law.
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-And what could members of Congress do? Run to SCOTUS? Good luck with that.
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-——TERMS of the LAW-——
https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=2719&context=luclj#page=19

But every Republican in the Senate is corrupt.
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Jordan Zaputil
@JordanZaputil23
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Dec 15
No they have to vote party line
Sam
@redtetrahedron
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Dec 15
Replying to
@Maximus_4EVR
The question is, will he have the guts?
California Patriot
@RobertC61708697
·
Dec 15
That is, indeed, the question
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Patrik Herman

Do you think McConell is just pretending to throw Trump over board or not?
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He voted against officially recognizing Biden as president elect, that’s worth more than anything he could say.
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Andrew Boyd
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Probably part of optics.
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Chris Podurgiel
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Thank you for posting this!! This has answered my questions (and confirmed my suspicions) as to this “scenario”.