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FWIW The VP Role (addendum to "Constitutional Plan" pinned thread):
-The VP is Constitutionally empowered to “count” electoral votes.
-Under 12A, he alone counts the ballots and is the arbiter of disputes. Congress, largely, is just in an observational role.
-The VP is Constitutionally empowered to “count” electoral votes.
-Under 12A, he alone counts the ballots and is the arbiter of disputes. Congress, largely, is just in an observational role.
FWIW VP 2
-For much of our history, especially during Election 1876, the VP exercised this power.
-Confusion begins over the Electoral Count Act of 1887, passed after the chaos of Election 1886.
-This act seeks to restrain the VP’s role by inserting provisions for objections.
-For much of our history, especially during Election 1876, the VP exercised this power.
-Confusion begins over the Electoral Count Act of 1887, passed after the chaos of Election 1886.
-This act seeks to restrain the VP’s role by inserting provisions for objections.
FWIW VP 3
-However, it is unconstitutional because it 1) seeks to reduce the Constitutional power vested in the VP and 2) forces Congress to accept the “executive” (governor’s) slates of electors if a dispute cannot be settled. Both statutes violate Article 2.
-However, it is unconstitutional because it 1) seeks to reduce the Constitutional power vested in the VP and 2) forces Congress to accept the “executive” (governor’s) slates of electors if a dispute cannot be settled. Both statutes violate Article 2.
FWIW VP 4
-In 1887, Republicans maintained the Act was unconstitutional. Since then, scholarship has supported this.
-The VP also has the power to “preserve order”, the extent of which can be considerable as he oversees the Joint-Session of Congress, not the House Speaker.
-In 1887, Republicans maintained the Act was unconstitutional. Since then, scholarship has supported this.
-The VP also has the power to “preserve order”, the extent of which can be considerable as he oversees the Joint-Session of Congress, not the House Speaker.
FWIW VP 5
-If the VP wished to, he could claim a degree of constitutional authority and refuse to count a slate from contested states (See Hawaii 1960).
-As a law professor said, “doing so would go against the grain of both the Electoral Count Act and historical practice.”
-If the VP wished to, he could claim a degree of constitutional authority and refuse to count a slate from contested states (See Hawaii 1960).
-As a law professor said, “doing so would go against the grain of both the Electoral Count Act and historical practice.”
FWIW VP 6
-But recent (post-1887) “historical practice” is not Constitutional law.
-And what could members of Congress do? Run to SCOTUS? Good luck with that.
Cf. https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=2719&context=luclj#page=19
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-But recent (post-1887) “historical practice” is not Constitutional law.
-And what could members of Congress do? Run to SCOTUS? Good luck with that.
Cf. https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=2719&context=luclj#page=19
Follow me @Maximus_Legacy. Turn on alerts.
Like my work? Donate https://paypal.me/MaxRadio?locale.x=en_US
