Posted on 01/01/2021 5:02:03 AM PST by MtnClimber
But not for the reasons you may think.
There’s been a lot written about the power Vice President Pence has to turn the stolen election around on January 6. Many commentators on various sites (including AT) have weighed in, some expressing hope, while other have expressed doubt Pence would do the right thing.
But it appears all of this is moot, as Bill Jacobson, founder of Legal Insurrection writes:
A claim has circulated widely in the past few days that Vice President Mike Pence, as President of the Senate, has the power and discretion to reject certifications. If Pence had such power and chose to exercise it, it would be over, but he doesn’t.
Jacobson cites relevant language from the Constitution (Article II, Section I, after the 12th Amendment) to support his assertion and then summarizes.
Note the words. “Shall … open all the Certificates” and “the Votes shall then be counted.” Shall is mandatory, there is no discretion. The certificates must be opened by Pence, and the votes must be counted (it’s unclear who does the counting, but the votes must be counted regardless). No Vice President (whether Mike Pence, Al Gore or future VP Kamala Harris) performing the function of opening the votes has discretion to reject votes. No Vice President has authority to accept votes presented through some extra-constitutional other process.
There is an interesting legal question of what would happen if a state authority presented conflicting votes — for example the legislature certified one set of electors but the executive branch certified a different set — but that has not happened here. No state authority has certified more than one set of electors.
(Excerpt) Read more at americanthinker.com ...
Where ya been, Preston?
Missed ya lots.
The MSM will be torn between continuing to propagandize for the ruling class or take the side of the disillusioned base who are their viewers. My guess here is that they will side with the ruling class, of which they think themselves a part.
Then, in 2022, the Democrat base will be where we were in 2015.
-PJ
Stop flame-bating, troll.
According to the straight wording of the Constitution, Pence has the power. According to later established law, he doesn’t. The Gohmert suit was filed to get clarification.
Are you sure its not 'flame baiting'?
Noun. flamebait (uncountable) (Internet slang) Content in an online forum, such as a newsgroup, with the intent of provoking anger, resulting in flames and sometimes flamewars.
Love ya, bro.
My remarks were stated in sarcasm where I implied I’m sick of the doom & gloomers, so I thought I’d just join in with some farcical predictions.
Sounds like something greater than the swamp at work? got to go I think my rice is burning.
Pence isn’t “our guy”.
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