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Fun With the Twelfth Ammendment
Vanity | 9/24/08 | kidd

Posted on 09/24/2008 2:18:42 PM PDT by kidd

In the increasingly possible case of an electoral tie this election, the 12th Ammendment requires that Congress vote to select the next POTUS/VPOTUS.

The vote is on a state-by-state basis (each state gets one vote).

The House votes to select the President. The Senate votes to select the Vice President.

McCain loses in this case: there are only 21 states with a majority of GOP House members and two that are tied.

However.

There are 17 states with 2 GOP senators, 16 states with 2 DEM senators, 2 states with a dem plus an independent and the rest have one dem and one GOP senator.

The two states with independents are Connecticut (Lieberman) and Vermont (Saunders). Lieberman would vote for Palin and would thus cancel out Dodd's vote for Biden. Saunders would likely vote for Biden.

Thus, there would be a 17-17 tie for the VP vote. Dick Cheney then gets to break the tie.

So...in the case of an electoral tie...we would end up with Obama as President and Palin as VP!


TOPICS: Chit/Chat
KEYWORDS: electionpresident
For discussion.
1 posted on 09/24/2008 2:18:43 PM PDT by kidd
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To: kidd

Hagel gives it to Biden.


2 posted on 09/24/2008 2:20:45 PM PDT by comebacknewt
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To: kidd
It is my understanding that the newly elected House and Senate determine the President and VP in case their isn't a candidate with a majority of the total Electoral votes.
3 posted on 09/24/2008 2:21:08 PM PDT by CatOwner
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To: kidd
No, the Senate does NOT vote by state. Each Senator casts his or her vote. If, however, Lieberman votes for Palin, the Senate would be tied, 50-50. Then, Cheney would cast the deciding vote.

Congressman Billybob

Click here for a birthday present for the Constitution.

Latest article, "The Birthday Last Wednesday"

4 posted on 09/24/2008 2:28:12 PM PDT by Congressman Billybob (www.theacru.org)
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To: comebacknewt

Hagel, Snowe, Collins or/and Specter gives it to Biden.


5 posted on 09/24/2008 2:29:48 PM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: Congressman Billybob

Obama/Palin would be a very interesting scenario.


6 posted on 09/24/2008 2:29:48 PM PDT by Atlas Sneezed (Guns don't kill people, criminals and the governments that create them do.)
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To: CatOwner

No. The language in the 12th ammendment is “the House of Representatives shall choose immediately...”

However, I may have been incorrect on how the Seantors vote...I think it is one vote for each Senator. Nevertheless, there is still a tie in this case.


7 posted on 09/24/2008 2:30:51 PM PDT by kidd
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To: kidd
While Lieberman would vote for McCain, if he could, I doubt that he would vote for Palin.
8 posted on 09/24/2008 2:34:12 PM PDT by rightsmart
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To: trumandogz

Hagel, maybe.

Snowe and Collins might stick with their fellow sister on this one.

I recall some bad blood between Specter and Biden.


9 posted on 09/24/2008 2:35:49 PM PDT by kidd
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To: kidd

The worst case scenario would be to make Obama President and MccCain VP.


10 posted on 09/24/2008 2:38:04 PM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: kidd

Cheney doesn’t get to break the tie. The Amendment says that the winner needs to have a majority of the whole number of senators, which means 51 senators, not 50 senators plus a tie-breaking VP.


11 posted on 09/24/2008 2:57:26 PM PDT by kalt
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To: kidd
No. The language in the 12th ammendment is “the House of Representatives shall choose immediately...”

They vote immediately...immediately after counting the electoral votes, as described earlier in the Amendment. And they do that in January after the new Congress is sworn in. The full timeline is here.

12 posted on 09/24/2008 3:00:45 PM PDT by kalt
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To: Congressman Billybob

The Senators voting will be in the new Congress to be elected in November, so there could be a larger number of Democrats (at least they are widely expected to pick up several Senate seats).


13 posted on 09/24/2008 3:07:48 PM PDT by Verginius Rufus
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