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Trump Constitutionally Could Remain President Even if He Loses 2020 Popular and Electoral Votes, and He Knows It
The Constitution provides a couple of mechanisms for Trump to lose the election—both the popular vote & Electoral College—& still hold the office for a 2nd term
The Constitution provides a couple of mechanisms for Trump to lose the election—both the popular vote & Electoral College—& still hold the office for a 2nd term
The Constitution says that if a presidential election really turns into a mess with multiple claims of fraud or some other crisis, the president is selected by the U.S. House of Representatives.
With Dems controlling the House today, each state’s delegation only gets one vote—50 votes fr 50 states determine the president. Majority of the states are GOP controlled, so this remedy would put Trump into office regardless of how badly he lost the popular/electoral vote.
Swing States’ Legislatures Decide (Trump Wins)
Article II (the Executive Branch), Section 1, Clause 2 of the Constitution (& the 12th Amendment, which revises it) gives solely to the legislature of the states the power to control the electors who will decide the election.
Article II (the Executive Branch), Section 1, Clause 2 of the Constitution (& the 12th Amendment, which revises it) gives solely to the legislature of the states the power to control the electors who will decide the election.
It does not say that the people of the states shall vote for their choice of president and then that vote shall be reflected in the states’ electoral votes. It’s entirely up to the legislature (without any input from the governor).
“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…” is how it appears in Article II of the Constitution.
Every state’s legislature generally directs all their electors to vote for the candidate who won the majority in the state (Maine and Nebraska are the exception, allowing for split decisions), a system we call “winner takes all,”
but a state’s legislature (its combined house or assembly and senate, where each member has one vote) can, by simple majority vote, direct its electors to vote for any candidate they want, even over the objections of their governor.
Another path-12th amendment.
The 12th Amendment to the Constitution specifies that 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 12th Amendment to the Constitution specifies that 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.”
That means that in the case of disputes about competing electoral slates, the President of the Senate—Vice President Pence—would appear to have the ultimate authority to decide which to accept and which to reject.
Pence would choose Trump.
Democrats would appeal to the Supreme Court.
Democrats would appeal to the Supreme Court.
Joe Biden will NEVER be President. His days of stepping foot in the White House are over!
C'est la vie Joe Biden!
C'est la vie Joe Biden!
