Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Will the Sitting Vice President Please Stand Up?
Townhall.com ^ | December 30, 2020 | John and Andy Schlafly

Posted on 12/30/2020 1:19:48 PM PST by Kaslin

Vice President Mike Pence has often pledged loyalty to the Constitution, and on January 6 he should stand up for it and the unborn. Under the Twelfth Amendment, Pence, in his role as President of the Senate, is responsible for deciding the integrity and validity of the Electoral College votes for president.

“The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted,” commands the Twelfth Amendment. Under this provision of the Constitution, the congressmen and senators are to be assembled as mere witnesses, with no power to intervene or participate in the process of counting the votes.

Pence should notice that in roughly a half-dozen states there are rival certificates which cancel themselves out, and Pence should decline to certify those states’ votes similar to how multiple state Electoral votes were disqualified in the 1860s and 1870s.  Pence’s role should not be limited by the Electoral Count Act of 1887, which law Professor Edward B. Foley wrote in 2010 “is inadequate, unwieldy, and arguably unconstitutional.”

On Sunday, Rep. Louie Gohmert (R-TX) filed a federal lawsuit to confirm the unconstitutionality of the Electoral Count Act, which cannot alter the Twelfth Amendment. This Act, which has never been upheld in court, attempts to dilute the authority of the Senate President by restricting debate and authorizing votes on certification by Congress.

Hanging in the balance today are millions of the unborn, as Biden stated that he would appoint the pro-abortion Xavier Becerra as his Secretary of Health and Human Services (HHS). Biden himself is unfit to serve a full four years, so Becerra's radical fellow Californian Kamala Harris could become president without being elected to that office.

Pence has ample basis for declining to accept and open Electoral votes from contested states. The signatures on millions of mailed-in ballots were never verified and were improperly counted for Biden, including 2.6 million such ballots in Pennsylvania alone.

No bank would refuse to verify signatures on contested checks. The selection of the next president is just as important, and the potential fraud on millions of ballots renders the reported results unworthy of certification.

White House Chief of Staff Mark Meadows traveled last week to Georgia to observe a review of a sample of signatures there. But he was denied access merely to observe, as many poll watchers were improperly blocked on Election Day and afterwards.

Democrats remain confident that they have pulled off a heist which continues for the upcoming special election in Georgia on January 5. Yesterday, an Obama-appointed federal judge blocked a cleaning of the election rolls of improper voters prior to that election of new senators.

Georgia officials have sent warning letters to thousands of people who have improperly obtained mail-in ballots despite not residing in Georgia. The letters are destined for the trash can, as Republicans almost never really prosecute anyone for election fraud, particularly out-of-staters.

In Wisconsin, tens of thousands of votes should be disqualified due to fraudulent representations of confinement. A quarter-million people in Wisconsin were registered under a claim of indefinite confinement, not all of which were valid.

Lame duck Senator Pat Toomey (R-PA) was reelected in 2016 on the coattails of Donald Trump, who garnered more votes than Toomey there. Toomey announced at age 58 that he will leave the Senate for undisclosed, probably lucrative opportunities rather than fight to hold his GOP seat, while continuing to be ungrateful to Trump.

Like a bank president who looks the other way while his bank processes unverified signatures on checks, some Republican senators deny awareness of election fraud. But under the Twelfth Amendment, such weak-kneed senators do not certify the votes.

Senate President Pence alone has the constitutional authority to recognize Electoral College votes. Pence should decline to recognize the Biden votes from the states tainted by fraud.

Pence could seek a ruling by the U.S. Supreme Court on the issue of his authority on January 6. Better yet, Pence should act in accordance with the Twelfth Amendment by declining to accept tainted certificates, and then enjoy watching Democrats scamper to the Supreme Court to seek intervention.

Pence could also do what Democrats insisted was necessary before voting in the impeachment trial earlier this year: call witnesses and hear evidence. If essential before voting on a removal of a president, then likewise before certifying a fraudulent presidential election.

No one would be disenfranchised by Senate President Pence if he declines to recognize tainted certificates from states lacking election integrity. This election would then go into the House of Representatives, where each state would have one vote on behalf of its residents in choosing the next president.



TOPICS: Culture/Society; Editorial; Government; Politics/Elections
KEYWORDS: mikepence; pence

1 posted on 12/30/2020 1:19:48 PM PST by Kaslin
[ Post Reply | Private Reply | View Replies]

To: Kaslin
Under the Twelfth Amendment, Pence, in his role as President of the Senate, is responsible for deciding the integrity and validity of the Electoral College votes for president. “The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted,” commands the Twelfth Amendment. Under this provision of the Constitution, the congressmen and senators are to be assembled as mere witnesses, with no power to intervene or participate in the process of counting the votes.

Is the English language lost on these people who wrote this? They even quote the part of the Constitution in question, and it does *not* say nor imply what they are saying. It says he *shall* do it. As in not optional.

2 posted on 12/30/2020 1:25:09 PM PST by Republican Wildcat
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

The author makes an incorrect assertion: “...is responsible for deciding the integrity and validity of the Electoral College votes for president.”

The VP is responsible for opening and reading the certificates. He is NOT responsible for deciding anything.

His job is that of a procedural point that allows members of congress to object should they choose to do so. If there are objections, there is a procedure for handling those objections. The VP does not decide anything. The decision on those objections is made by the members of each house of Congress.


3 posted on 12/30/2020 1:25:11 PM PST by taxcontrol (Stupid should hurt - Dad's wisdom)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

pence is an establishment man. No way will he do anything other then what the establishment wants. My personal belief is that mcconnell is the head of the establishment. He was personally behind russia, impeachment and has stood against Trump this whole time. The whole judge thing was to pack the courts with owned judges. We can see that now because these judges have ruled against Trump consistently.


4 posted on 12/30/2020 1:25:46 PM PST by JoSixChip (2020: The year of unreported truths. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

He won’t.


5 posted on 12/30/2020 1:27:11 PM PST by PIF (They came for me and mine ... now its your turn)
[ Post Reply | Private Reply | To 1 | View Replies]

To: taxcontrol

Exactly. The language of the Constitution could not be any more clear. It doesn’t grant him any powers or authority - it merely spells out what his role is that he *shall* carry out. That’s it.

This is embarrassing nonsense to suggest otherwise.


6 posted on 12/30/2020 1:28:27 PM PST by Republican Wildcat
[ Post Reply | Private Reply | To 3 | View Replies]

To: PIF

Pence will fold.


7 posted on 12/30/2020 1:28:31 PM PST by RBW in PA
[ Post Reply | Private Reply | To 5 | View Replies]

To: taxcontrol

> The VP is responsible for opening and reading the certificates. He is NOT responsible for deciding anything. <

I’m not a constitutional lawyer. And I don’t play one on TV. But I’ve read the 12th Amendment carefully. And I think you’re right. There is nothing in the 12th Amendment like “And the Vice President shall determine the validity of the votes”. There is nothing like that there at all.


8 posted on 12/30/2020 1:33:14 PM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: taxcontrol

Which envelopes shall he open, when there may be competing envelopes?


9 posted on 12/30/2020 1:38:10 PM PST by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: RBW in PA

Like a renaissance triptych.


10 posted on 12/30/2020 1:50:34 PM PST by SpaceBar
[ Post Reply | Private Reply | To 7 | View Replies]

To: Kaslin

I notice the reference to Pat Toomey, the sorry excuse for a man who is my senator. He’s been invisible in the Senate and certainly no leader there. I remember Sen. Hugh Scott of Pennsylvania and Rick Santorum who actually stood for something and were respected by the entire country.

Toomey has established himself as anti-Trump, probably because he’s in the pocket of the Communist Chinese like Biden and McConnell are. Trump threatens their honeypot and they all want him gone.


11 posted on 12/30/2020 2:02:32 PM PST by PA Presbyterian (Never Surrender!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

If Mike Pence does not toss out the electoral votes from the infamous SIX states, he will go down as the great traitor who ended our republic. He will be worse than Benedict Arnold.

If he tosses them out, thereby throwing the issue to the House of Reps., he will WIN the GOP Primary in 2024 with little competition.


12 posted on 12/30/2020 3:17:21 PM PST by Sapwolf (Talkers are usually more articulate than doers, since talk is their specialty. -Sowell)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin
we need to have Georgia flipped, as well as PA and Arizona maybe Wisconsin...that should happen this week or early next week...

if Pence is the DS plant then its the military and I am all for it...

you try all the channels...the lower courts, the SC, the state legislatures, even the DC critters...

if they refuse to do their constitutional duties, then Trump should call in the military, examine voting machines and ballots as possible....

Fraud is there....

13 posted on 12/30/2020 3:20:40 PM PST by cherry (TRUMP WON!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RBW in PA

Yep. And I think he’s already folded and ready to move on to the Democrat party circuit and other arcane Ascension celebrations.


14 posted on 12/30/2020 4:32:01 PM PST by PIF (They came for me and mine ... now its your turn)
[ Post Reply | Private Reply | To 7 | View Replies]

To: taxcontrol
The VP is responsible for opening and reading the certificates. He is NOT responsible for deciding anything.

The VP must decide if the certificates are constitutionally certified. For example did the state legislature or some number of state legislators certify it or was it some constitutionally unauthorized governor who certified it.

Take GA, AZ and PA for instance.

15 posted on 12/30/2020 5:08:55 PM PST by FreeReign
[ Post Reply | Private Reply | To 3 | View Replies]

To: FreeReign
The 12th amendment does not give the President of the Senate (VP Pence) ANY leeway regarding the certificates.

...-The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted...

16 posted on 12/30/2020 7:11:20 PM PST by taxcontrol (Stupid should hurt - Dad's wisdom)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Republican Wildcat

As a subsequent poster has pointed out, this language does not give the VP the power to toss suspected fraudulent slates of electors. It is up to the States to make this determination.

And these State legislatures have until Jan 5th to decertify those slates chosen contrary to their instructions. After that it becomes a messy business as specified by the 12th amendment (other Statutes notwithstanding).

Given the Repubs unwillingness to fight and force this process into the House and Senate, it seems inescapable that we will be strapped with a fraudulent presidency.

The left has taken away many of our livelihoods, robbed us out of a duely elected President (not to mention other offices), and is trying to silence us on these outrages. And the last insult — they’ve promised to disarm us. This is not going to turn out well.


17 posted on 12/31/2020 3:37:10 AM PST by nonsporting (The left is profoundly evil)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

On January 6th, the Congressional proceedings NEED to open with objections from the House and Senate to ANY acceptance of electors from states utilizing the Dominion voting systems. Dominion voting systems are a national security threat to the USA

This forces the debate over their integrity to the floor of the Congress and instantly defines the traitors and the patriots in the room


18 posted on 12/31/2020 3:38:34 AM PST by mo ("If you understand, no explanation is needed; if you don't understand, no explanation is possible)
[ Post Reply | Private Reply | To 1 | View Replies]

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
News/Activism
Topics · Post Article

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