Recently, I was interviewed for NTD Evening News. While I don’ think they understood me about the vote in the House of Representatives, overall it was an enjoyable interview.
Recently, I was interviewed for NTD Evening News. While I don’ think they understood me about the vote in the House of Representatives, overall it was an enjoyable interview.
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I still don’t understand how the House can elect Trump with only 24 solid Republican Legislatures.
There is also the 2/3rds quorum issue.
Joseph,
It is not the state legislatures that would vote if the presidential election devolves to the House of Representatives, it’s the state delegations in the U.S. House. While there are 435 member of the House of Representatives, they don’t vote for President individually, but by the consensus of members from each state. For example, Michigan has 14 members in the House. Based on the November 3rd election, it is projected that 7 will lean democratic, five republican, and two are a toss-up. That means it is likely that, should the presidential election go to the House, Michigan would vote democratic. Similarly, Tennessee has 9 members in the House, protected to be 7 republican and 2 democratic, so Tennessee’s vote would be republican. I hope that makes sense.
As for the quorum question, Article I, Section 5, Clause 1 reads:
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
So a simple majority is all that is needed for either house of Congress to do business.
Thank you, Sir.
This is the most fun I’ve had since Law School!
Joseph,
I have to make a correction. In the case of choosing the President, at least one member from 2/3rds of the states must be present for a quorum. So it is not 2/3rds of the House members, but at least one member from 2/3rds of the states.
Thank you✔
Dear Mr. Paul Engels,
Pleasure to meet you. I’m the project manager of a small newspaper, novomilenio.eu, launched in 1999 (at the time we are making some changes). I read your interview to NTD, and I was particulary interested in the first part of your comment, where you say “There are deadlines by which the state must appoint its electors and must get those certificates into Congress to be counted (14th december?). Now, one of the things that could happen and it’s allowed by federal law is if the election is still in limbo (?), a state legislature (?) can say, ‘Okay, this election’s a mess, we are going to assume our responsibility and we are going to appoint electors.(?)’ State legislators have final authority on who those electors are, that then go and vote”. I placed some ‘?’ marks on the text – my doubts. What confuses me is given the current situation, on what ground can a state legislature appoint electors. On courts, or just by its own? And how is defined that “the election is still in limbo”?
I’m sorry for my complete ignorance of the USA constitution. But that “jump” from elections to the house is confusing to me. Would you be so kind to explain it in a few words to our readers?
Best regards,
Miguel Fernandes
Porto – Portugal
Mr. Fernandes,
I’d be happy to explain. Since this is a pretty rare occurrence in modern history, it appears many Americans are confused as well.
Article II, Section 1, Clause 2 of the U.S. Constitution states, “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:”. Since the manner of appointing electors rests solely in the hands of the state legislatures, it is ultimately their responsibility not only to set the manner for routine elections, but to do so for special circumstances, like the ones we are finding in America today. If any controversy over the appointment of electors has not been resolved at least six days prior to their vote, (“the first Monday after the second Wednesday in December”, 3 USC §7), the state’s legislature has the responsibility to provide another manner for appointing electors. This is confirmed under Title 3 of the United States Code, Section 2, “Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.”
To answer your question about the “jump” from elections to the House of Representatives, that only happens if a candidate does not receive a majority vote of the electors appointed. Amendment 12 of the U.S. Constitution states, “The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote;” It is important to note that the 12th Amendment states a candidate must get a majority of the electors appointed. If, due to unresolved controversies within a states, they do not appoint their electors, then the number of votes needed for a majority would change. Also, when the vote for President devolves to the House of Representatives each member does not vote. Instead, the delegates from each state must decided how to vote as state, not as individuals. Since the new Congress will have been seated before any count of the elector’s votes, that means the which ever party holds the most seats in each state will most likely control the vote for that state. The last time I checked, the Republican Party will control the delegations in 26 of the 50 states.
I hope that explains the process for you and your readers.
Paul Engel
Founder
The Constitution Study
Dear Mr. Paul Engels
Thank you very much for your complete explanation – it’s quite clear now how it works.
Again, thank you for you time and kindness.
Best regards,
Miguel Fernandes
Porto – Portugal