Posted on 11/15/2020 11:59:48 AM PST by Pontiac
The presidential election of 1800 has long been notorious for both the ferocity of the partisan rancor it produced and the unforeseen constitutional problems it presented.
Yet despite all the ink spilled on these issues, an unresolved question has persisted for two centuries.
Snip
Jefferson was also confronted by uncertainties about his institutional authority.
As noted, the Constitution refers to both the Senate president and the two houses of Congress in describing the vote count. But the text fails to state clearly who should decide questions about contested ballots.
If Jefferson were to raise questions about the Georgia vote from the chair, he might plunge the proceedings into a morass of bitter legalisms: the Federalists, a majority in both houses, might have insisted on the right of Congress to decide; the Republicans, meanwhile, would most likely have vigorously defended the authority of the Senate president to make the final judgment. A constitutional and political crisis loomed.
(Excerpt) Read more at theatlantic.com ...
This is definitely the longest article I have ever posted. But it is the blue print to how Vice-President Pence can save the Republic from a stolen election.
The article was an enjoyable history lesson for me. I'm glad it turned out the way it did, I'm not sure I like the sound of "President Pinckney".
But that's not why I replied.
Are you saying that Pence, as President of the Senate, can refuse to accept the electoral votes of individual states, based on his perception of their voters' intent?
That's an explosive game-changer, right there...
Great post. I actually printed it at 10 pages at 70% for reading, it’s long and detailed.
On scanning it, I sure agree with it as a possible blueprint, but also that advocating such a course will cause yet more whining about the US Supreme Court actions in the 2000 election, in part because of this article, which the liberal Atlantic itself whiningly worked into the article as a complaint.
Democrats will claim “it’s not fair” or something worse, as though We the People now are required to do the wrong thing and to accept criminal and traitorous fraud because they “feel” wronged by something 20 years ago. (Something that was actually done correctly anyway.)
Thank you!
It won’t come anywhere close to Pence making the decision. The incontrovertible evidence of ‘Rat cheating will destroy any claim the ‘Rats may have. Biden isn’t going to the Oval Office. He’s going to the slammer; or worse!
Thoughts? Could this all fall to VP Pence to decide?
Well, this was exactly what happened in 1876 when 3 states sent two sets of Electors to Congress. Because Article II and Amendment XII did not set forth what to do, there was a huge fight over it which was eventually resolved with an extra-constitutional compromise, putting a Republican in the White House (Hayes) while removing Federal troops from the former Confederate states, restoring them to full sovereignty.
Unfortunately for the Pence scenario, the Electoral Vote Counting Act, passed to prevent a recurrence, specifies how two competing slates are to be dealt with.
Yes, Pence can rule from the chair to accept Trump Electors and refuse Biden Electors - but it only takes one Senator and one Representative to appeal his ruling to the floor, where each Member or Senator present gets one vote, and in January 2021 (best case scenario) there will be 270 Democrats and 265 Republicans present.
There is no doubt that, if Pence were to do this, the floor would overrule the chair and count the Biden Electors.
Remember at the time that the runner up for president became Veep. This has been changed now. Pence cannot vote himself the presidency.
Curious that the Governor would certify two different Electoral vote transmissions.
You seem to forget that GOPe politicians are cowards. The Pennsylvanian legislature has already said they will not appoint Electors different than what the fraudulent election has decided.
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