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To: Political Junkie Too
We can argue over whether that is a "qualification" or it is something else, but I'm clearly siding in the camp that it is a qualification. I'd be interested in hearing your argument that it is something else.
If it is a "qualification" to be President, and if the states have proof that the results of their elections were corrupted to the point that they can no longer stand behind the outcome, then that becomes evidence of "failure to qualify," no matter how long it took for the fraud to be discovered.
That is... unless you have some other reason why "The person having the greatest Number of votes for President" is not a qualification to be President.


As used in the Twentieth amendment "shall have failed to qualify" means not yet elected, e.g., didn't get enough votes in the contingent election in the House. Should Congress later learn that someone was certified POTUS in error, then they might declare a pretender's qualification (election) null and void. So even though it appeared that someone had been elected, subsequently Congress might adjudge that wrong.

That gets in to the whole "political question" bit that SCOTUS tends to avoid. However, IMHO, too many of the judicial decisions thus far regarding the 2020 election were determined by a desired outcome, and not by following the law. I suspect that SCOTUS would weigh in favor of the Biden regime, if states start decertifying Biden's electors, but don't flip them to Trump due to the fraud. That would require more states to decertify electors to get to the point that it delegitimatizes the current Biden regime. It's the whole issue of requiring a majority of possible EV vs. a majority of EV counted, and I expect Roberts and SCOTUS to go with the latter if it becomes an issue.


199 posted on 07/23/2021 12:00:50 PM PDT by Dr. Franklin ("A republic, if you can keep it." )
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To: Dr. Franklin
As used in the Twentieth amendment "shall have failed to qualify" means not yet elected, e.g., didn't get enough votes in the contingent election in the House.

The 20th amendment was passed in 1933. Prior to 1933, the closest elections were:

Between the passage of the 12th and 20th amendments, the average EV vote percent of the winner was 69.3%. I don't think they were overly concerned about the House election to resolve ties. "Failure to qualify" must have meant something else. Likely, it meant defective Electoral College votes, but it could have meant a deadlocked Congress trying to resolve a tie. It could even mean that the winner lied about his age or duration of residency. If Congress is deadlocked, then how would the rest of the 20th be resolved (naming an acting President) while Congress is still sitting to break the initial tie?

I suspect that SCOTUS would weigh in favor of the Biden regime, if states start decertifying Biden's electors, but don't flip them to Trump due to the fraud. That would require more states to decertify electors to get to the point that it delegitimatizes the current Biden regime. It's the whole issue of requiring a majority of possible EV vs. a majority of EV counted, and I expect Roberts and SCOTUS to go with the latter if it becomes an issue.

The plain text of the 12th amendment says:

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed;
The word "appoint" is used many times in the Constitution:

It is clear throughout the Constitution that the use of the word "appoint" and its derivatives mean the filling of a seat with a person, not the creation of the seat. Roberts would have to twist the language to such an extreme to interpret the 12th amendment in way that does NOT mean that the majority of Electors who voted is what determines the President, not the person who gets at least 270 votes.

If a number of states revoke their certifications due to systemic fraud that puts their state's results into doubt, they do not have to name a winning candidate. They just have to claim that a winner is undeterminable and withdraw their Electors entirely. This reduces the majority threshold to those Electors who remain, and the President is the person who received a majority of those votes.

-PJ

202 posted on 07/23/2021 1:12:43 PM PDT by Political Junkie Too (* LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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