"The Twelfth Amendment provides that in the presence of the two houses, [the President of the Senate] shall open all the certificates from the electors. But as history shows, there can be more than one purported certificate from a state. Indeed, multiple purported certificates may be the most common cause of dispute. The certificates that the President of the Senate is to open, however, are those of the electors, not those of non-electors. Hence, in order to know which certificates to open, the President of the Senate must know which of competing slates of electors were validly appointed.
…A natural reading of the Twelfth Amendment thus indicates that in one especially important context, the dispute is to be resolved by a single individual. Neither House nor Senate is given any authority over
the President of the Senate when it comes to opening the certificates, and Congress by statute may not control the exercise of this constitutionally granted authority any more than it may tell the President who to pardon."
"The Twelfth Amendment provides that in the presence of the two houses, [the President of the Senate] shall open all the certificates from the electors. But as history shows, there can be more than one purported certificate from a state. Indeed, multiple purported certificates may be the most common cause of dispute. The certificates that the President of the Senate is to open, however, are those of the electors, not those of non-electors. Hence, in order to know which certificates to open, the President of the Senate must know which of competing slates of electors were validly appointed.
…A natural reading of the Twelfth Amendment thus indicates that in one especially important context, the dispute is to be resolved by a single individual. Neither House nor Senate is given any authority over the President of the Senate when it comes to opening the certificates, and Congress by statute may not control the exercise of this constitutionally granted authority any more than it may tell the President who to pardon."
"The Twelfth Amendment provides that in the presence of the two houses, [the President of the Senate] shall open all the certificates from the electors. But as history shows, there can be more than one purported certificate from a state. Indeed, multiple purported certificates may be the most common cause of dispute. The certificates that the President of the Senate is to open, however, are those of the electors, not those of non-electors. Hence, in order to know which certificates to open, the President of the Senate must know which of competing slates of electors were validly appointed.
…A natural reading [of the Twelfth Amendment] thus indicates that in one especially important context, the dispute is to be resolved by a single individual. Neither House nor Senate is given any authority over
the President of the Senate when it comes to opening the certificates, and Congress by statute may not control the exercise of this constitutionally granted authority any more than it may tell the President who to pardon."
"The Twelfth Amendment provides that in the presence of the two houses, [the President of the Senate] shall open all the certificates from the electors. But as history shows, there can be more than one purported certificate from a state. Indeed, multiple purported certificates may be the most common cause of dispute. The certificates that the President of the Senate is to open, however, are those of the electors, not those of non-electors. Hence, in order to know which certificates to open, the President of the Senate must know which of competing slates of electors were validly appointed.
…A natural reading [of the Twelfth Amendment] thus indicates that in one especially important context, the dispute is to be resolved by a single individual. Neither House nor Senate is given any authority over the President of the Senate when it comes to opening the certificates, and Congress by statute may not control the exercise of this constitutionally granted authority any more than it may tell the President who to pardon."
"The Twelfth Amendment provides that in the presence of the two houses, [the President of the Senate] shall open all the certificates from the electors. But as history shows, there can be more than one purported certificate from a state. Indeed, multiple purported certificates may be the most common cause of dispute. The certificates that the President of the Senate is to open, however, are those of the electors, not those of non-electors. Hence, in order to know which certificates to open, the President of the Senate must know which of competing slates of electors were validly appointed.
…A natural reading [of the Twelfth Amendment] thus indicates that in one especially important context, the dispute is to be resolved by a single individual. Neither House nor Senate is given any authority over the President of the Senate when it comes to opening the certificates, and Congress by statute may not control the exercise of this constitutionally granted authority any more than it may tell the President who to pardon. "
"The Twelfth Amendment provides that in the presence of the two houses, [the President of the Senate] shall open all the certificates from the electors. But as history shows, there can be more than one purported certificate from a state. Indeed, multiple purported certificates may be the most common cause of dispute. The certificates that the President of the Senate is to open, however, are those of the electors, not those of non-electors. Hence, in order to know which certificates to open, the President of the Senate must know which of competing slates of electors were validly appointed.
…A natural reading [of the Twelfth Amendment] thus indicates that in one especially important context, the dispute is to be resolved by a single individual. Neither House nor Senate is given any authority over the President of the Senate when it comes to opening the certificates, and Congress by statute may not control the exercise of this constitutionally granted authority any more than it may tell the President who to pardon. "