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Congress Can't Interpret the 12th Amendment

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Posted By: jdr, 7/25/2022 5:05:31 AM

In the wake of the 2020 election, many questions arose about the power of the vice president of the United States during the counting of the electoral votes. The 12th Amendment provides that, in the counting of electoral votes, the president of the Senate (the vice president) shall “in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.” The clause is ambiguous; clearly, the vice president is tasked with opening the certificates (the electoral votes certified by the states).

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Reply 1 - Posted by: EJKrausJr 7/25/2022 6:07:38 AM (No. 1227705)
If the 12th Amendment is deemed ambiguous, amend the 12th amendment, otherwise follow the Constitution and all of the Amendments. No Joke.
21 people like this.

Reply 2 - Posted by: msjena 7/25/2022 8:30:49 AM (No. 1227801)
This aritcle is right, but how could such a law be challenged? The Supreme Court has apparently decided it won't get involved in election disputes. And until there is another dispute over electoral votes, no court would get involved.
7 people like this.

Reply 3 - Posted by: JimJr 7/25/2022 10:52:34 AM (No. 1227967)
A number of lawsuits were filed prior to the 2020 election stating that the states election laws were being illegally circumvented. The courts ruled that since the election had not yet taken place, the plaintiffs "lacked standing". After the election, the suits were refiled and were rejected by the courts, with the courts basically saying "too late, the election's over." The USSC decided to punt.
11 people like this.

Reply 4 - Posted by: privateer 7/25/2022 11:15:16 AM (No. 1227987)
Judas John and the red robes of the Supine Corpse abandoned America in its hour of deadly peril. We might just as well have a Supreme Soviet. The RvW ruling was made as an effort at reclaiming their credibility; but also serves to fire up the Commiecrat base ahead of the midterms.
3 people like this.

Reply 5 - Posted by: Starboard_side 7/25/2022 2:21:46 PM (No. 1228154)
FTA: Even if one accepts that the January 6 riot was an attempted coup rather than a haphazard protest-turned-riot, Democrats themselves agree that legal ambiguities concerning the counting of electoral votes “could lead to a real constitutional crisis.” A constitutional crisis must be fixed by amending or interpreting the Constitution, not by passing legislation that ultimately attempts to clarify or change the Constitution. Even Democrats see problems with what they've publicly stated by working to change the 12th amendment with a Legislative "cure", but should be a constitutional amendment. And, if precedent of Adams and Jefferson using their position as VP to determine an election (they were very close and involved with our Constitution) then, it may be trouble for this group in today's Congress and their attempt to clarify the 12th amendment.
0 people like this.

Reply 6 - Posted by: Heil Liberals 7/25/2022 2:30:00 PM (No. 1228162)
FTA - “ Separation of powers matters for the health and well-being of the republic.” I would laugh if this wasn’t such a naive statement. Congress abrogated its powers to the executive long ago.
1 person likes this.

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In the wake of the 2020 election, many questions arose about the power of the vice president of the United States during the counting of the electoral votes. The 12th Amendment provides that, in the counting of electoral votes, the president of the Senate (the vice president) shall “in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.” The clause is ambiguous; clearly, the vice president is tasked with opening the certificates (the electoral votes certified by the states).
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