Reply To: VP Pence Sued – By Republicans!

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#1933850
ubiquitin
Participant

ujm

thanks for your response

A few clarification points.

1) Where did you get this notion of two opposing sets of electors being a thing. I checked the constitution it isnt there. Where do you get the idea that there is such a mechanism for a state to send alternate electors. Can you please point to this mechanism existence in the constitution ?
The constitution is quite clear “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress…”
Note A number of electors. no mention of a second backup set. There is simply no such thing

2) No state submitted opposing sets of electors this year either. Sure a few nut jobs may have appointed themselves. We can do the same I appoint myself and my 613 electoral votes all for you. This has EXACTLY as much legal significance as other self appointed electors . As the constitution says “Each State shall appoint,…” (article 2 section1) It isn’t: whoever feels up to it shal appoint themselves

So even if there where such a mechanism (there isn’t see #1) NO state acted upon it * still not much Pence can do within the confines of the constitution

3) so just to clarify your evolving position: in 2000. If Gore had said “forget electors I’m not counting any of them I’m President and thats that” The court would intervene and rule it unconstitutional (assuming it came to that and he wasn’t dragged out kicking and screaming) Even though this would be “tell[ing] Congress how to handle its internal policies, regulations and/or legislative rulings”

*To be fair if there was such a thing some states may have utilized this option, but there is no such thing and they didn’t.