The House Should Re-elect Trump

In our system of divided government, the Constitution vests the primary authority in the House of Representatives. Only the House may originate tax bills; only the House always consists entirely of members elected by their local constituents; and only the House selects the next president in times of crisis, as we have now.

We are not a democracy, and never have been. We are a constitutional republic, and the Founders were strongly opposed to democracy and the many severe problems it can create.

As a republic, we elect representatives who then pass laws or, in this case, elect the president. The Twelfth Amendment to the Constitution, based on its original text, explains that the House has the authority and duty to elect the president when no candidate has a majority of the electoral votes.

“But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.”

Enough congressmen have objected for establishing a quorum in the House, where each state delegation there has one vote. Nancy Pelosi cannot stop this process under the Constitution, and the House members should simply convene and elect the next president, with one vote per state.

The incoming House has 27 state delegations which are majority GOP and 20 which are majority Democrat. Three state delegations are tied in party representation: Michigan, Minnesota, and Pennsylvania.

The Twelfth Amendment does not say who counts the Electoral College votes, and the House is the entity having the most representative authority to do so while rejecting the Biden slates tainted by fraud and irregular procedures. Federal courts have already indicated that they will not intervene.

The suggestion by a few Republican House members that they should stand down and allow certification of a fraudulent election would be an abdication of their duty under the Constitution. It would be wrong to embrace and allow wrongdoing by a handful of state officials, who violated the election laws enacted by their legislatures.

In Georgia, Pennsylvania, and elsewhere, there was no signature verification of millions of mailed-in ballots as required by laws there. If the laws had been applied as written, then President Trump won those states and enough elsewhere to prevail in the Electoral College.

In 1825 the House did not select the presidential candidate who won the most popular votes, who was Andrew Jackson. Instead, it chose John Quincy Adams as the House was authorized to do by the Twelfth Amendment, and that action by the House helped unify the country then, as it would now.

The Founders intended the House of Representatives to be more powerful than the presidency or the courts. As the body most representative of the American people, which was entirely elected just two months ago, the House is in the best position to decide who should become president now.

It was the House which selected Thomas Jefferson as president on the 37th ballot in 1801. Virtually no one denies the wisdom of that choice, as the runner-up Aaron Burr subsequently killed Founding Father Alexander Hamilton in a duel merely three years later.

Democrats can talk all they want in the House about a cowardly, secret recording of Trump’s conversation with a Georgia official who has failed to allow independent signature verification of vast numbers of mailed-in ballots there. Democrats can rant all they like in the House how counting every fraudulent vote should somehow decide who our next president is.

The Electoral Count Act of 1887, on which the Democrats rely, cannot take power away from the House as given to it by the Constitution. Likewise, House Republicans should fulfill their constitutional duty to ensure that the next president is not chosen by a few state officials who flagrantly violated election laws passed by their legislatures.

The Supreme Court has never upheld or even addressed the constitutional defects in the Electoral Count Act, and this reinforces the need for the House of Representatives to step up to the plate now and start swinging its powerful bat. The 1825 precedent of the House selecting the president should guide us through the turmoil today.

The House, voting by state, should make its own determination that the Electoral Count Act is unconstitutional in diluting the authority of the House. The Constitution is clear: the House selects the next president when there is election failure.

In our constitutional republic, our elected representatives can and should vote to protect the integrity of the selection of our next president. That will establish a necessary precedent that fraud never be allowed to steal a presidential election.

“But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.”

https://www.law.cornell.edu/constitution/amendmentxii

Amendment XII
The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—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;—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; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

With only two people having received electoral votes, the only way one does not have a majority is in the case of a tie.

The Twelfth Amendment does not say who counts the Electoral College votes, and the House is the entity having the most representative authority to do so while rejecting the Biden slates tainted by fraud and irregular procedures. Federal courts have already indicated that they will not intervene.

Federal law establishes that the tellers count the votes.

Electoral Count Act of 1887, Pub.L. 49–90, 24 Stat 373 (3 Feb 1887)

https://www.loc.gov/law/help/statutes-at-large/49th-congress/session-2/c49s2ch90.pdf

FORTY-NINTH CONGRESS. Sess. II. Ch. 90. 1887.
373
Feb. 3, 1887.
CHAP. 90.—An act to fix the day for the meeting of the electors of President and Vice-Presideut, and to provide for and regulate the counting of the votes for President and Vice-President, and the decision of questions arising thereon.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the electors of each State shall meet and give their votes on the second Monday in January next following their appointment, at such place in each State as the legislature of such State shall direct.
Sec. 2. That if any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to the said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.
Sec. 3. That it shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of electors in such State, by the final ascertainment under and in pursuance of the laws of such State providing for such ascertainment, to communicate, under the seal of the State, to the Secretary of State of the United States, a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by the preceding section to meet, the same certificate, in triplicate, under the seal of the State; and such certificate shall be inclosed and transmitted by the electors at the same time and in the same manner as is provided by law for transmitting by such electors to the seat of Government the lists of all persons voted for as President and of all persons voted for as Vice-President; and section one hundred and thirty-six of the Revised Statutes is hereby repealed; and if there shall have been any final determination in a State of a controversy or contest as provided for in section two of this act, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate, under the seal of the State, to the Secretary of State of the United States, a certificate of such determination, in form and manner as the same shall have been made; and the Secretary of State of the United States, as soon as practicable after the receipt at the State Department of each of the certificates hereinbefore directed to be transmitted to the Secretary of State, shall publish, in such public newspaper as he shall designate, such certificates in full; and at the first meeting of Congress thereafter he shall transmit to the two Houses of Congress copies in full of each and every such certificate so received theretofore at the State Department.
Sec. 4. That Congress shall be in session on the second Wednesday in February succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of one o’clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in
374
FORTY-NINTH CONGRESS. Sess. II. Ch. 90. 1887.
the alphabetical order of the States, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted in the manner and according to the rules in this act provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice-President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section three of this act from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified. If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section two of this act to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section two of this act, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its laws; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the Executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of.
Sec. 5. That while the two Houses shall be in meeting as provided in this act the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw.
375
FORTY-NINTH CONGRESS. Sess. II. Chs. 90,91. 1887.
Sec. 6. That when the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or other question arisiug in the matter, each Senator and Representative may speak to such objection or question five minutes, and not more than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate.
Sec. 7. That at such joint meeting of the two Houses seats shall be provided as follows: For the President of the Senate, the Speaker’s chair for the Speaker, immediately upon his left; the Senators, in the body of the Hall upon the right of the presiding officer; for the Representatives, in the body of the Hall not provided for the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Represen tatives, at the Clerk’s desk; for the other officers of the two Houses, in front of the Clerk’s desk and upon each side of the Speaker’s platform. Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this act, in which case it shall be competent for either House, acting separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of ten o’clock in the forenoon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses, no further or other recess shall be taken by either House.
Approved, February 3, 1887.

A Federal law IS an expression of the will of Congress.

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