The last thing you want is for a court to determine on the merits what the scope of Pence’s power is here.
As it stands, this is a massive constitutional gray area, which essentially gives plausible deniability should pence go through with it. Ie “the law is not settled on how I count electors, watch me do it how I see fit”
How is it a constitutional gray area? Do you mean that in the sense that the electoral count act has not been challenged since passed?
It appears from I have read of the text and comments to the 12th amendment that
full and exclusive authority/ discretion is vested in the VP.
that it goes to the house by delegation if the VP cannot choose.
Again, I may be overlooking something, but I don’t see how the electoral count act could change the constitutionally established procedure. It was a conventional piece of legislation passed by simple majority of legislature; a constitutional amendment would be necessary to alter the 12th amendment.
That he moved to dismiss the gohmert suit.
What ppl don’t realize is that the basis for his motion to dismiss was, in essence “I had that power already”
The last thing you want is for a court to determine on the merits what the scope of Pence’s power is here.
As it stands, this is a massive constitutional gray area, which essentially gives plausible deniability should pence go through with it. Ie “the law is not settled on how I count electors, watch me do it how I see fit”
How is it a constitutional gray area? Do you mean that in the sense that the electoral count act has not been challenged since passed?
It appears from I have read of the text and comments to the 12th amendment that
full and exclusive authority/ discretion is vested in the VP.
that it goes to the house by delegation if the VP cannot choose.
Again, I may be overlooking something, but I don’t see how the electoral count act could change the constitutionally established procedure. It was a conventional piece of legislation passed by simple majority of legislature; a constitutional amendment would be necessary to alter the 12th amendment.