THE 12th AMENDMENT & the 2016 ELECTION

HuffPo wants you to think that Paul Ryan would pick the next president should no candidate reach the magic 270 of electoral votes.

The article incomes the 12th Amendment to lay out the scenario that a third party Presidential candidate would result in no candidate getting the majority of the Electoral College, thus throwing the picking of the president to Congress.

But the premise that Speaker Ryan would select the next President… well… he won’t…  they don’t know their Civics.

The way it works if nobody gets the majority… The Senate, with one vote, will choose the Vice-President from the top TWO VP finishers. That individual automatically becomes the acting President while the House chooses the President from among the THREE top finishers for President.

However… each of the 50 states votes as a single vote.  There is no process through the Constitution to determine how each state will determine which way it votes.  Just because you have more GOP or DEM in your state  doesn’t mean your state has to vote that way.  So with the ridiculous level of obstructionism going on, it is possible that NO candidate will reach 26 votes in the House.  The House continues this until they reach a candidate.  The Speaker of the House carries NO weight with how each state would choose to vote.

But what could potentially cause a Constitutional Crisis, in this environment of obstructionism, is that in the Senate you can block any Senate vote by a Filibuster, and need 60 Senators to shut a filibuster off.  So even the one-and-done vote for a Vice-President could be delayed adnauseum.

What I’m not clear on, is if this vote will be taken by the old or new Congress… which matters because some will not get re-elected and the Senate could change from GOP to DEM control with the election.

With what is happening in the election season… there are going to be a lot of “what ifs” thrown about… let’s hope that those who throw them out at least do their homework.

– J.

Advertisements

One thought on “THE 12th AMENDMENT & the 2016 ELECTION

  1. Interesting thoughts and clarification!! Even though virtually all of the candidates are not all that great this year, I think we’ll witness history in the making with a brokered Republican convention!

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s