Reply To: State Legislatures Should Give Trump Reelection Win

ENS:

1. This constitutional procedure is not illegal. It is a process outlined directly in the Constitution of the United States.

2. The joint session of Congress counting the electoral college on January 6 is presided over, as directed in the Constitution, by the President of the US Senate. The President of the US Senate is a gentleman by the name of Michael Pence. The presiding officer V.P. Pence has the authority to decide which certificates of electoral college received is recognized and announced by him in the joint session. If he doesn’t present a certificate there’s nothing to challenge.

3. The Presidential Succession Act only is relevant if no one received a majority of the electoral college. If Vice President Pence announces, per the electoral college certificates received from the state legislatures, that President Trump received a majority of the electoral college, that is the end of the matter. President Trump is reelected.

Furthermore, even IF the Presidential Succession Act had come into play, there’s a legal dispute whether the Speaker can become Acting President, since the Constitution specifies only an “Officer” of the government can assume the powers of the presidency. In legal terms an Officer is only a member of the Executive Branch. Pelosi is only a member of the legislative branch, thus arguably unqualified. So how is this legal ambiguity resolved, you ask? The Justice Department can issue a legal opinion stating the three Speaker isn’t qualified. It is binding. And the head of the Department of Justice is a gentleman by the name of William Barr.

Amil: You’re simply not following this discussion. It is going over your head. I refer you to Article 2, Section 1, Clause 2 of the United States Constitution. This has nothing to do with districts. Any state legislature can decide how to assign their state electoral college. There’s nothing to litigate. They can change the process at any time, to anything they decide.