The Electoral Count Act of 1887 and several federal statutes address questions about contested electors that land in Congress. The Congressional Research Service's current interpretation of the Electoral Count Act explains its understanding of the process when it comes to objections to electoral votes.
"Objections to individual state returns must be made in writing by at least one Member each of the Senate and House of Representatives. If an objection meets these requirements, the joint session recesses and the two houses separate and debate the question in their respective chambers for a maximum of two hours," the CRS said. "The two houses then vote separately to accept or reject the objection. They then reassemble in joint session, and announce the results of their respective votes. An objection to a state's electoral vote must be approved by both houses in order for any contested votes to be excluded."
Oh come on - not everyone has easy access to a constitutional law professor... ...I love how we elected someone who knows jack shit about the Constitution (and doesn't care to educate himself).
He can't decide that though.I'm prepared for Pence to come out and say the election is invalid and watch it get fought over in court.
So much shit could have been avoided by the revolutionary practice of *checks notes* letting the vote count winner win.FYI, here's some info on the Electoral College Act of 1887 which will help guide Congress through this fuckery
Explaining how Congress settles electoral college disputes - National Constitution Center
The next public step in the 2020 presidential election will happen on January 6, 2021, when Congress meets to validate the election. If there are objections at that meeting, a formerly obscure law will be consulted to settle disputes about electors.constitutioncenter.org
Dems control the House and the Senate needs a majority to invalidate any electoral votes (and there's no indication that a majority of Senators will object to any votes), so it's just more time wasting. Pence merely presides over this shit show, IIRC.
Now that I'm thinking of that, I expect this to go on into the night, so he might either have to miss his flight (depending on when it is) or leave early and potentially miss the end when he actually declares Biden the winner.There's a reason pence already has a flight out of the country scheduled tomorrow.
He can't decide that though.
He can declare it, but it would be like Michael Scott declaring bankruptcy. It wouldn't mean anything.
He can't decide that though.
He can declare it, but it would be like Michael Scott declaring bankruptcy. It wouldn't mean anything.
Now that I'm thinking of that, I expect this to go on into the night, so he might either have to miss his flight (depending on when it is) or leave early and potentially miss the end when he actually declares Biden the winner.
I think Pence is too much of a coward to actually do it.Sure it would. It would be yet another unbelievably bold, stupid move in a looooong line of bold and stupid moves that will further twist and complicate this entire ordeal. It will further make his base foam at the mouth and add legitimacy/justification to what they want to do, which is continue to try and overthrow democracy.
Looks even worse when listed out. Wow.It's quick and sloppy but I keep having to update this for my 1 crazy friend in our group chat. They're out of their minds...
I love how we elected someone who knows jack shit about the Constitution (and doesn't care to educate himself).
Does to go to Parler or Mastadon
FYI, here's some info on the Electoral College Act of 1887 which will help guide Congress through this fuckery
Explaining how Congress settles electoral college disputes - National Constitution Center
The next public step in the 2020 presidential election will happen on January 6, 2021, when Congress meets to validate the election. If there are objections at that meeting, a formerly obscure law will be consulted to settle disputes about electors.constitutioncenter.org
Dems control the House and the Senate needs a majority to invalidate any electoral votes (and there's no indication that a majority of Senators will object to any votes), so it's just more time wasting. Pence merely presides over this shit show, IIRC.
Funnily enough, the Constitution doesn't even assign him that function, just that he open the envelopes.
Unless I'm mistaken, don't they plan to object to multiple states as they come up? AZ, GA, PA, WI, MI, NV come to mind. If they do each, that's about 12 hours
Trump is what you get when you take any rando off the street and suddenly make them president. People make plenty of stupid and/or uninformed assumption about government all the time. During the Flint water scandal I encountered several people who openly pondered why Obama wouldn't just fire Rick Snyder from being the governor of Michigan.I love how we elected someone who knows jack shit about the Constitution (and doesn't care to educate himself).
There aren't nearly as many gun owners as people think.
For Schmitt, every government capable of decisive action must include a dictatorial element within its constitution. Although the German concept of Ausnahmezustand is best translated as "state of emergency", it literally means "state of exception" which, according to Schmitt, frees the executive from any legal restraints to its power that would normally apply. The use of the term "exceptional" has to be underlined here: Schmitt defines sovereignty as the power to decide to initiate a state of exception.
This is how Schmitt theorized Hitler's continual suspension of the legal constitutional order during the Third Reich (the Weimar Republic's Constitution was never abrogated;[SUP][35][/SUP] rather, it was "suspended" for four years, first with the 28 February 1933 Reichstag Fire Decree, with the suspension renewed every four years, implying a continual state of emergency).
Timothy D. Snyder has asserted that Schmitt's work has greatly influenced Eurasianist philosophy in Russia by revealing a counter to the liberal order.[SUP][50][/SUP]
According to historian Renato Cristi in the writing of the present Constitution of Chile Pinochet collaborator Jaime Guzmán based his work on the pouvoir constituant concept used by Schmitt as well as drawing inspiration in the ideas of market society of Friedrich Hayek. This way Guzmán would have enabled a framework for an authoritarian state with a free market system.[SUP][51][/SUP]
Schmitt has become an important influence on Chinese political theory in the 21st century, particularly since Xi Jinping became General Secretary of the Chinese Communist Party in 2012.[SUP][55][/SUP][SUP][56][/SUP] Sinologist Flora Sapio has highlighted the friend–enemy distinction as a particular topic of interest in China, commenting, "Since Xi Jinping became China's top leader in November 2012, the friend-enemy distinction so crucial to Carl Schmitt's philosophy has found even wider applications in China, in both 'Party theory' and academic life."[SUP][57][/SUP] Leading Chinese Schmittians include the theologian Liu Xiaofeng, the public policy scholar Wang Shaoguang,[SUP][57][/SUP] and the legal theorist and government adviser Jiang Shigong.
I've seen this image before. Context? Lol
Damn bro. Thanks.Not really. The US constitution is hundreds of years old and very vague in many respects.
Trump is essentially making a Schmittian argument here. ( https://en.wikipedia.org/wiki/Carl_Schmitt )
This is NOT unusual in the US.
Neoconservatives have based much of their political strategy on Schmitt and Strauss in recent decades.
Dick Cheney for example completely redefined the role of the Vice President simply because there was nothing preventing him from doing so.
This belief has been integral to the Republican party for at least 20 years now.
Trump is just taking the logical next step.
At the end of the day, it is a game of power.
Beyond the US, Schmitt's political philosophy is also widespread.
Schmittian authoritarianism aligns itself perfectly with Mont Pelerinian (https://en.wikipedia.org/wiki/Mont_Pelerin_Society) neoliberalism.
A free market at the center fueling oligarchic developments and an authoritarian state bureaucracy allowing and procuring this accumulation of power.
This is why Putin and Trump are so close. They both aim for this ideal. They both see liberal democracy and its parliamentarism putting checks on power as their enemy.
Also, China as well:
So, don't be bewildered by Trump's claims. See them for what they are: The antics of a wannabe Dictator like Putin, Pinochet, or Xi.
The question isn't whether he is right. There is no right and wrong here. The question is whether he will have the power to enforce his will and circumvent whatever constitutional and parliamentary constraints he is faced with.
The same problem every dictator ever has faced just the same.