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XacerbatedDem

(511 posts)
Mon May 2, 2022, 08:35 AM May 2022

WTF? A Republican controlled House in 2024 can overturn a legitimate Electoral College result? [View all]

The Card a Republican House Can Play That Turns Us Into a House of Cards: Newsweek

We wrote a column early in 2020 describing how Donald Trump would attempt to steal the election by using Congress to overturn the legitimate Electoral College results. Unfortunately, the piece ended up being incredibly prescient over time, as we learned more details over the last several months.

A lot of media coverage in the last 18 months since the election have focused on both how former President Trump schemed to overturn the election results, and congressional efforts to create stronger federal voting protections. What the media has not yet surfaced is that because of the 12th Amendment to the Constitution and the Electoral Count Act of 1887, if a Republican controlled House of Representatives in 2024 wants to overturn a legitimate Electoral College result, there is a path to their doing so that no contemplated fix to the Electoral Count Act is likely to prevent.

To understand how this could happen one needs to appreciate how a Republican controlled House under a Speaker Kevin McCarthy (or maybe Jim Jordan) full-throated Big Lie cheerleaders, could upend a legitimate Electoral College victory by the 2024 Democratic candidate. The law provides a path for overturning a legitimate Electoral College result even though doing so would be enormously undemocratic.

Under the existing presidential selection process, if a single House member and a single senator object to the certification of a state's Electoral College delegation, when a competing slate of electors has been transmitted to Congress in a timely manner, the House and Senate are to retreat to their respective chambers and vote on which slate of electors to certify or not. Regardless of whether the Senate is in Democratic or Republican hands, if the House and Senate disagree in their respective consideration of which slate ought to be recognized as the rightful slate of state electors, that disagreement regarding electors from a handful of swing states would likely result in no candidate being able to achieve an Electoral College vote count of at least 270 electors. Under the Constitution, the election would then fall to the House of Representatives to decide the presidency.

https://www.msn.com/en-us/news/politics/the-card-a-republican-house-can-play-that-turns-us-into-a-house-of-cards-opinion/ar-AAWPuKA?ocid=HPCOMMDHP15&cvid=1e4184023eca4b54a9630bf5d966096e

I hope this is BS!

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I think they mean to underscore that protective election reforms can not be passed under a highly hlthe2b May 2022 #1
It's an opinion piece, but they go on to say that: XacerbatedDem May 2022 #4
This message was self-deleted by its author Chin music May 2022 #5
This is nothing new obamanut2012 May 2022 #2
What could be new is the willingness of one party to make it happen. NT enough May 2022 #3
that is probably the single most important, effective short reply I've seen in months, if not longer Celerity May 2022 #12
+1 Thunderbeast May 2022 #19
Never fear the DOJ would never allow anything like that to happen. Emile May 2022 #6
..... Hotler May 2022 #18
K&R, ... and house can LEGALLY vote in Benedict Donald as speaker of the house uponit7771 May 2022 #7
I knew the midterms were vitally important, but OMG! XacerbatedDem May 2022 #8
Yep, this is a stoke the democrats can use to GOTv ... uponit7771 May 2022 #15
Yep, this is a stoke the democrats can use to GOTv ... uponit7771 May 2022 #16
It Largely Is What You Hope It Is, Sir The Magistrate May 2022 #9
Surely a governor's certification can be fought in court? XacerbatedDem May 2022 #10
That Is Beyond My Knowledge, Sir The Magistrate May 2022 #14
And the assumption is that the majority of voters would just sit back and say, Chainfire May 2022 #11
+1 Mad_Machine76 May 2022 #13
Why? CrackityJones75 May 2022 #21
That was a very amorphous situation Mad_Machine76 May 2022 #23
For me it was just as outrageous. CrackityJones75 May 2022 #25
Our democracy is only as good as the people in power unblock May 2022 #17
Hmmm, maybe we could use legislation to close these silly loopholes and clarify our process. Midnight Writer May 2022 #20
Something needs to be done. I wonder how Manchin feels about that. XacerbatedDem May 2022 #22
I don't think he cares Mad_Machine76 May 2022 #24
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