Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Who takes control if there is no presidential election this year?
The Hill ^ | 04/16/20 10:00 AM EDT | ALAN DERSHOWITZ

Posted on 07/30/2020 11:59:29 AM PDT by VAFreedom

What if the pandemic were to become so bad that the election could not be held? There is no acceptable reason for this to happen, since there are alternatives to voting in person on a single day. But it is possible, although unlikely, that voting by mail will be unrealistic if the pandemic were to get so much worse that it endangered the lives of postal workers. So it is not too early to ask this question. What does the Constitution provide in the event that an emergency precludes an election before the end of a term of the president? It has never happened, and it will likely not happen this year, but law professors like hypotheticals, so here is my assessment.

(Excerpt) Read more at thehill.com ...


TOPICS: History; Miscellaneous
KEYWORDS: election
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-63 next last
To: VAFreedom
Dershowitz makes a glaring mistake in his analysis.

There would, however, be a Senate, with a majority of its members not up for election in November and, therefore, still serving their terms. This is important as the next in line would be the president pro tempore of the Senate, which is Charles Grassley. However, if there were no election, there may be a Democratic majority among the remaining senators not up for reelection, unless sitting governors or state legislators were allowed to fill vacant seats, which is another issue.

Within the context of his analysis, a Governor's appointment power to fill vacancies IS the issue.

Article V says:

...and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Governors MUST be allowed to appoint Senators if the current Class 2 Senators are not reelected.

This means that Governors must appoint replacements during the lame duck session of Congress so that their appointees are ready to be sworn in on January 3, 2021, or else their states will be deprived of its equal Suffrage in the Senate.

-PJ

21 posted on 07/30/2020 12:17:04 PM PDT by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VAFreedom

This is all just nonsense speculation. There will be an election this year. Only Congress can alter the date. If the virus really got that bad, they should just have in-person voting in outdoor tents. Spread it out over the course of a week if necessary. There would be next to zero risk of COVID-19 transmission in that kind of setup.

Ideally with photo ID, but we all know how that will play.


22 posted on 07/30/2020 12:21:07 PM PDT by 2aProtectsTheRest
[ Post Reply | Private Reply | To 1 | View Replies]

To: VAFreedom

At this point I think our best bet is a mass immunization with the BCG vaccine during the summer months. If by some miracle we did that we would be messing up the immunization schedules of developing world children, but there should be sufficient herd immunity to carry them through. What won’t be carried through will be falling revenues for decades to come for the pharmaceutical industry, since the BCG immunization improves outcomes for a variety of cash-cow maladies.


23 posted on 07/30/2020 12:22:18 PM PDT by BlackAdderess (The GOP needs to pick another color. It is a matter of time before the Dems will want red back)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VAFreedom

” since there are alternatives to voting in person on a single day.”

it can be done in one day no need to change any laws either. Polls open at midnight on 11/3 close 11:59pm on 11/3. 24 hrs gives people plenty of time and space to be done in one day.


24 posted on 07/30/2020 12:22:53 PM PDT by GQuagmire
[ Post Reply | Private Reply | To 1 | View Replies]

To: VAFreedom

There will be an election in November.It’s just a question of whether it will be legitimate or fraudulent.


25 posted on 07/30/2020 12:23:04 PM PDT by Gay State Conservative (The Rats Just Can't Get Over The Fact That They Lost A Rigged Election!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VAFreedom
#TRUMP4EVA

Those signs soooo need to be for sale at his campaign store...

26 posted on 07/30/2020 12:26:16 PM PDT by mewzilla (Break out the mustard seeds.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VAFreedom
The alternatives are unthinkable in a democracy. We would have a nation with no president and no working Congress,

Unlike the current situation where we have a president and no working Congress.

27 posted on 07/30/2020 12:26:42 PM PDT by edwinland
[ Post Reply | Private Reply | To 1 | View Replies]

To: discostu

“We had an election during the Civil War.”

Exactly. Lincoln was way behind in the polls, too.


28 posted on 07/30/2020 12:28:09 PM PDT by Huskrrrr
[ Post Reply | Private Reply | To 19 | View Replies]

To: VAFreedom
What if the pandemic were to become so bad that the election could not be held?

Then 50 State Legislatures would appoint Electors, as they are supposed to, and the Electors would meet in their State capitals, as they are supposed to, and they would mail their ballots to Mike Popmeo, as they are supposed to, and on January 4, 2021, the new Congress would meet and immediately enter a special joint session, as they are supposed to, and count the electoral votes, as they are supposed to, and the new President and Vice President would be announced if new ones were elected by the Electoral College, OR, the re-election of Trump and Pence would be announced.

Presidential elections, in the sense of individuals voting (other than 538 Electors) do not exist in the Constitution and are not necessary to the process.

29 posted on 07/30/2020 12:28:30 PM PDT by Jim Noble (Think like youÂ’re right, listen like youÂ’re wrong)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VAFreedom

This would be decided by precedent, as are all loopholes. Nancy Pelosi would be our next president.


30 posted on 07/30/2020 12:30:02 PM PDT by BlackAdderess (The GOP needs to pick another color. It is a matter of time before the Dems will want red back)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VAFreedom

Xi Xinping


31 posted on 07/30/2020 12:30:21 PM PDT by kaehurowing
[ Post Reply | Private Reply | To 1 | View Replies]

To: PGR88
Register in advance of election voter rolls cleared every 10 years must show up to vote in person Government ID required paper ballots for full traceability Strict absentee ballots for deployed military only

None of these are Federal issues.

The appointment of Electors is a sole, sovereign function of State Legislatures, they can make whatever rules they want for voting, or they can do away with voting entirely.

32 posted on 07/30/2020 12:30:21 PM PDT by Jim Noble (Think like youÂ’re right, listen like youÂ’re wrong)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Political Junkie Too
Governors MUST be allowed to appoint Senators if the current Class 2 Senators are not reelected.

All eleven Democrat seats that would be vacant are from states with Democrat governors, so there would be no loss there. Of the Republicans, Collins, McConnell, Gardner, Roberts, and Tillis are from states with Democrat governors. Say hello to Senate Majority Leader Chuck Schumer and the new President Pro Temp of the Senate Joe Biden.

33 posted on 07/30/2020 12:30:38 PM PDT by DoodleDawg
[ Post Reply | Private Reply | To 21 | View Replies]

To: SamAdams76

“There are so many morons out there who don’t realize that Trump is just trolling the media”

They are eating it up with a spoon.


34 posted on 07/30/2020 12:32:44 PM PDT by dljordan
[ Post Reply | Private Reply | To 10 | View Replies]

To: BlackAdderess
I suspect that on January 20, 2021, Nancy Pelosi or whoever isn’t in jail in the succession would be sworn in as our temporary head of state.

Pelosi would be out of office and out of the presidential line of succession.

I’m 99% sure Trump would not be allowed to remain in office.

I'm 100% sure.

35 posted on 07/30/2020 12:33:48 PM PDT by DoodleDawg
[ Post Reply | Private Reply | To 18 | View Replies]

To: Gay State Conservative
There will be an election in November.It’s just a question of whether it will be legitimate or fraudulent.

And that will depend on who wins. If Trump wins then the Republicans will say it was legitimate and the Democrats will say it was fraudulent. If Biden wins then the Democrats will say it was legitimate and the Republicans will say it was fraudulent.

36 posted on 07/30/2020 12:35:53 PM PDT by DoodleDawg
[ Post Reply | Private Reply | To 25 | View Replies]

To: DoodleDawg
That's not entirely correct.Yes,the Rats will claim that it was fraudulent if Trump wins...but that's not new.

And as we're discovering more and more about Rodenstein,Clapper,Brennan,Comey,Stroek,Page,Susan Rice...and others...it's very,*very* logical for a reasonable,thoughtful person to question a Plugs "victory".

Just as I point out in my tagline,in fact.

37 posted on 07/30/2020 12:43:27 PM PDT by Gay State Conservative (The Rats Just Can't Get Over The Fact That They Lost A Rigged Election!)
[ Post Reply | Private Reply | To 36 | View Replies]

To: VAFreedom

the president is selected by electors

the state legislatures have the ability to determine how electors are chosen, They can decide that the legislature itself will select the electors, as was common in the early years of the republic.


38 posted on 07/30/2020 12:45:29 PM PDT by ChronicMA
[ Post Reply | Private Reply | To 1 | View Replies]

To: DoodleDawg

Chuck Grassley would still be in office. He is third.


39 posted on 07/30/2020 12:46:47 PM PDT by BlackAdderess (The GOP needs to pick another color. It is a matter of time before the Dems will want red back)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Gay State Conservative
That's not entirely correct.

I'll stand by my statement. No matter who wins the losing side will claim fraud (Republicans) or voter suppression (Democrats).

40 posted on 07/30/2020 12:47:21 PM PDT by DoodleDawg
[ Post Reply | Private Reply | To 37 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-63 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson