Delay posed by Mail-in voting presents a Constitutional Crisis which the 20th Amendment cannot remedy.
You are not familiar with Trump's current powers under Executive Directive 51 apparently. Look it up, and get back to us.
FReegards!
Posted on 08/05/2020 2:57:14 PM PDT by windhover
Could Nancy Pelosi become our next President on January 20. Impossible? Not according to Article Two, Sec.1, Clause 3 as modified by the 12th Amendment of the Constitution.
States that have their elections end up in chaos will call a special session of their legislatures to pass a law choosing their electors directly.
There will be an Electoral College vote. The key clause is in the 12th amendment to the Constitution:
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 President will not need 270 Electoral College votes, just the majority of APPOINTED Electors. States that withhold their Electors due to their own created chaos will reduce the required number by half their Electoral Vote count. If Illinois cannot send their 20 electors to the Electoral College, then the number required to win becomes 260, not 270. The more Democrat states that can't certify their elections, the lower the threshold to win.
It will behoove the Democrat states to certify their elections in time for the Electoral College vote, one way or another.
-PJ
Problem is that all this must happen by the Constitutionally set in stone date of January 20th. If not the Constitutionally required “Contingent Election” process kicks-in.
“Pelosi cannot be elected by the House. They must choose among the five candidates that received the most votes in the Electoral College.”
The 12th Amendment changed that to the top three (not five) for President, and the top two for the Vice-President of the electoral college does not produce a set of winners.
dvwjr
That’s the normal process; but if the mail-in ballots can’t be counted and certified by the states in time, Electors cant be chosen by January 20th. If the incoming House and Senate cant be seated to choose the Pres.Elect/VP Elect because ballot counting still going-on this is when the Constitutional “Contingent” process kicks-in and the Speaker of the House becomes Acting President until the President and Vice President can be elected by the House and senate.
A special Congressional election in New York on June 2nd is still be counted and a tangle of challenges are going-on, withno end in sight.
Organize telephone networking to maximize Registered GOP vote.These lists are available at your County Elections office.
Contact Precinct Committeemen in your legislative district and ask them to work with you create a “telephone tree” to contact them and ask if they need to re-register or know someone who needs a ride to the polling place. Ask them to network their family and friends to get out the vote for Trump. If there are open precincts in your Legislative districts try to find registered voters in those districts to file with County election officials to fill them.
These are a few. You can probably come-up with a lot more.
Thanks for asking
Section 3 of the 20th Amendment specifies that( for whatever reason)neither the President or the Vice-President is elected in time(January 20th), then the Speaker of the House becomes acting President until the House selects a President from the top three vote winners, OR the Senate selects a Vice-President who will then replace the Speaker as acting President until the House selects a President.
Right.But they need to be certified that counting is over and the election is over. No more ballots will be considered.
Section 3 of the 20th Amendment specifies that if a President or Vice-President is not elected in time for the inauguration on January 20th, then the Speaker of the House becomes acting President until the House selects a President and the Senate elects a Vice-President. If the Vice-President is selected before the President he/she replaces the Speaker and becomes President.
Delay posed by Mail-in voting presents a Constitutional Crisis which the 20th Amendment cannot remedy.
You are not familiar with Trump's current powers under Executive Directive 51 apparently. Look it up, and get back to us.
FReegards!
He did. The summary is “Read Title 3, Chapter 1 of the United States Code, and understand it better than Lawrence Tribe did.”
Another scenario is they select Peggy Duckworth for Veep. We all know Peggy was born in Bangkok from parents that were citizens of Thailand. Nothing in the constitution states you have to be a natural born citizen to be Veep but she could never assume the office of POTUS. Common sense would be that she could not even run for Veep for that mere fact but this is uncommon times and she is a wounded vet which would silence her opposition. Now they stuff the ballot and Uncle Joe has a severe brain fart and cannot assume office. Peggy is not qualified. SanFranNan assumes office for the next four years. That is also an option that most never thought about.
Yes, I pointed this out in my article. It must be done on January 6th and the President must leave office January 20th. If for whatever reason there is no “Qualified” President Elect ready to take office on that date then the “Contingent Election” process kicks-in and the Speaker of the House becomes acting President until either the House can select the President from the top three vote winners, or failing that, if the Senate selects a V.P. he/she replaces the Speaker as acting President. See Section 3 of the 20th Amendment, as modified by the Presidential Succession Act of 1947.
See Section 3 of the 20th Amendment.
Under your scenario, why would there not be a President or Vice President by January 20th? Even if there is a delay caused by mail-in ballots, most, if not all, states have provisions for resolving those issues well before the electors meet in December. Even if a state fails to appoint electors, that will not stop Congress from counting the electoral votes on January 6 as provided by 3 U.S.C. 15. If no one receives a majority, the contingent election occurs immediately—there is no provision for delay just because not all electoral votes have been certified.
I suppose it is possible that, either due to deadlocked state delegations or the vote splitting between 3 candidates, the House may not elect a President by January 20. But I don’t see any realistic scenario where the Senate fails to elect a Vice President from among two candidates by January 20. That Vice President, not the Speaker, will begin acting as President on January 20th.
I am pretty sure Tammy Duckworth's father was a U.S. citizen. The issue of natural-born-citizenship of persons born abroad is an interesting one and is not necessarily settled. However, I think her father may have been in Thailand under diplomatic credentials, and if so, I think she is probably a natural born citizen.
Nothing in the constitution states you have to be a natural born citizen to be Veep but she could never assume the office of POTUS.
That is not correct. The last sentence of the 12th Amendment: "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
If Tammy Duckworth is not a natural born citizen, then she is not eligible to the office of Vice President.
In the matter of a 50/50 split Pence would cast the deciding vote. He would still be the president of the Senate till Jan 20th.
Since the official end of the current Congress is on the 3rd. Pelosi is no longer the speaker of the house.
Screw that.
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