VP PENCE HAS BROAD CONSTITUTIONAL AUTHORITY AND DISCRETION UNDER THE 12TH AMENDMENT OVER HOW THE JANUARY 6 JOINT SESSION SHALL BE CONDUCTED, SHOULD HE CHOOSE TO EXERCISE IT. THIS IS TRUE REGARDLESS OF LACK OF SUPPORT FROM RINOS.
"... Which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;–the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted ..."
The Constitution itself does not explicitly define the limitations on the power of the President of the Senate within the Joint Session on January 6. In fact, it uses quite broad language and grants him a great deal of discretion.
The Twelfth Amendment states that the lists of electoral votes are DIRECTED TO the President of the Senate, i.e. the Vice President.
It then states that the President of the Senate SHALL ... OPEN ALL THE CERTIFICATES, and that the votes SHALL THEN BE COUNTED.
While there are several federal statutes under U.S. Code outlining the process for this vote counting and putting forward objections against electoral votes, the Constitution itself clearly designates the President of the Senate as the Presiding Officer, and basically "in charge."
VP Pence has tremendous Constitutional authority in the proceeding on January 6, if he decides to use it.
The RINOs will provide very little support, but it does not change this fact.
To address the obvious question:
WHAT HAPPENS IF VICE PRESIDENT PENCE ELECTS NOT TO OPEN ONE OR MORE CERTIFICATES OF ELECTORAL VOTES?
It is unknown, but obviously a possibility.
https://constitution.congress.gov/constitution/amendment-12/
Edit:
Max Radio Ep 001: The Role of the Vice President in Counting Electoral Votes 12/23/20
Edit:
Excerpt from 3 U.S. Code § 15 - Counting electoral votes in Congress, addressing issue of "dueling electors."
"If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section 5 of this title to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section 5 of this title, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its law; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State."
Good luck interpreting that one.
VP PENCE HAS BROAD CONSTITUTIONAL AUTHORITY AND DISCRETION UNDER THE 12TH AMENDMENT OVER HOW THE JANUARY 6 JOINT SESSION SHALL BE CONDUCTED, SHOULD HE CHOOSE TO EXERCISE IT. THIS IS TRUE REGARDLESS OF LACK OF SUPPORT FROM RINOS.
"... Which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;–the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted ..."
The Constitution itself does not explicitly define the limitations on the power of the President of the Senate within the Joint Session on January 6. In fact, it uses quite broad language and grants him a great deal of discretion.
The Twelfth Amendment states that the lists of electoral votes are DIRECTED TO the President of the Senate, i.e. the Vice President.
It then states that the President of the Senate SHALL ... OPEN ALL THE CERTIFICATES, and that the votes SHALL THEN BE COUNTED.
While there are several federal statutes under U.S. Code outlining the process for this vote counting and putting forward objections against electoral votes, the Constitution itself clearly designates the President of the Senate as the Presiding Officer, and basically "in charge."
VP Pence has tremendous Constitutional authority in the proceeding on January 6, if he decides to use it.
The RINOs will provide very little support, but it does not change this fact.
To address the obvious question:
WHAT HAPPENS IF VICE PRESIDENT PENCE ELECTS NOT TO OPEN ONE OR MORE CERTIFICATES OF ELECTORAL VOTES?
It is unknown, but obviously a possibility.
https://constitution.congress.gov/constitution/amendment-12/
Edit:
Max Radio Ep 001: The Role of the Vice President in Counting Electoral Votes 12/23/20
Edit:
Excerpt from 3 U.S. Code § 15 - Counting electoral votes in Congress, addressing issue of "dueling electors."
"If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section 5 of this title to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section 5 of this title, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its law; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State."
Good luck interpreting that one.
VP PENCE HAS BROAD CONSTITUTIONAL AUTHORITY AND DISCRETION UNDER THE 12TH AMENDMENT OVER HOW THE JANUARY 6 JOINT SESSION SHALL BE CONDUCTED, SHOULD HE CHOOSE TO EXERCISE IT. THIS IS TRUE REGARDLESS OF LACK OF SUPPORT FROM RINOS.
"... Which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;–the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted ..."
The Constitution itself does not explicitly define the limitations on the power of the President of the Senate within the Joint Session on January 6. In fact, it uses quite broad language and grants him a great deal of discretion.
The Twelfth Amendment states that the lists of electoral votes are DIRECTED TO the President of the Senate, i.e. the Vice President.
It then states that the President of the Senate SHALL ... OPEN ALL THE CERTIFICATES, and that the votes SHALL THEN BE COUNTED.
While there are several federal statutes under U.S. Code outlining the process for this vote counting and putting forward objections against electoral votes, the Constitution itself clearly designates the President of the Senate as the Presiding Officer, and basically "in charge."
VP Pence has tremendous Constitutional authority in the proceeding on January 6, if he decides to use it.
The RINOs will provide very little support, but it does not change this fact.
To address the obvious question:
WHAT HAPPENS IF VICE PRESIDENT PENCE ELECTS NOT TO OPEN ONE OR MORE CERTIFICATES OF ELECTORAL VOTES?
It is unknown, but obviously a possibility.
https://constitution.congress.gov/constitution/amendment-12/
Edit:
Max Radio Ep 001: The Role of the Vice President in Counting Electoral Votes 12/23/20
VP PENCE HAS BROAD CONSTITUTIONAL AUTHORITY AND DISCRETION UNDER THE 12TH AMENDMENT OVER HOW THE JANUARY 6 JOINT SESSION SHALL BE CONDUCTED, SHOULD HE CHOOSE TO EXERCISE IT. THIS IS TRUE REGARDLESS OF LACK OF SUPPORT FROM RINOS.
"... Which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;–the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted ..."
The Constitution itself does not explicitly define the limitations on the power of the President of the Senate within the Joint Session on January 6. In fact, it uses quite broad language and grants him a great deal of discretion.
The Twelfth Amendment states that the lists of electoral votes are DIRECTED TO the President of the Senate, i.e. the Vice President.
It then states that the President of the Senate SHALL ... OPEN ALL THE CERTIFICATES, and that the votes SHALL THEN BE COUNTED.
While there are several federal statutes under U.S. Code outlining the process for this vote counting and putting forward objections against electoral votes, the Constitution itself clearly designates the President of the Senate as the Presiding Officer, and basically "in charge."
VP Pence has tremendous Constitutional authority in the proceeding on January 6, if he decides to use it.
The RINOs will provide very little support, but it does not change this fact.
To address the obvious question:
WHAT HAPPENS IF VICE PRESIDENT PENCE ELECTS NOT TO OPEN ONE OR MORE CERTIFICATES OF ELECTORAL VOTES?
It is unknown, but obviously a possibility.
https://constitution.congress.gov/constitution/amendment-12/