Constitutional Law

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We could have a mess on our hands here, ya'll, because a lot of what's happening in this election is unprecedented.

For example, suppose Florida just implodes into a black quagmire and doesn't get ANYTHING certified before the Electoral College meets. There are two schools of thought: one says that the electors present will select the president by majority vote. The opposite view says that, without all states present, they can't vote; the election will have to go to the House and Senate.

Suppose Bush wins Florida, the Electoral College meets and decides to vote for Gore anyway. Now, I believe there IS legal opinion on this; in that case, Gore wins, period. But I've read some arguments from the Republican side saying that the House has the right to override the EC(!!!); that sounds bogus to me, but I have to wonder.

Here's another (very possible) scenario: Bush wins Florida, the EC votes for Bush, but when it's time for Al Gore -- the sitting Vice President -- to announce and certify the results in front of the Senate in January, he refuses to do so! (Haven't heard much talk about this one.) What happens?!?

Is is REALLY possible that we could be looking at President Dennis Hastert?

If youse guys have any links to reasoned legal discussions about these issues, I'm all ears. For the sake of the country, I'm hoping that Florida gets settled Monday or Tuesday, one way or the other (Gore or Bush), so that we don't have to consider these things. But I'm interested in knowing what the legal beagles have to say about this.

(Proof that I have a morbid streak in there somewhere.[g])

-- Anonymous, November 19, 2000

Answers

PS - I hate to say it, but I'm beginning to believe that someone needs to petition the Supreme Court for an advance ruling on some of this, so that there won't be any question or argument.

-- Anonymous, November 19, 2000

Stephen:

The election of Rutherford B. Hayes resembled this one right down to the states in question [including all the corruption].

Be patient.

-- Anonymous, November 19, 2000


Anita?

Really? Thanks. I'll do a Web search and see what I can find. :)

-- Anonymous, November 19, 2000


Anita,

I looked and, while there are similarities, there are also some differences. But it did help resolve the question about the Vice President's role; thanks.

-- Anonymous, November 20, 2000


SOMEWHERE on the Internet, I found the entire chapter of Ari Hoogenboom's book on Hayes and the election fiasco. It took me almost an hour to read the whole thing, but it was VERY interesting.

I'll be damned if I can find that one again. I went through 27 pages of a Google search. I suppose it's possible that it's been deleted.

If I run across it again, I'll bookmark the link.

-- Anonymous, November 20, 2000



Anita,

I believe it's here: http://www.rbhayes.org/dispu te.htm. It was very helpful.

-- Anonymous, November 20, 2000


Dang! You're GOOD!

-- Anonymous, November 20, 2000

Anita,

No, I just use Alta-Vista.

[g]

-- Anonymous, November 20, 2000


But I've read some arguments from the Republican side saying that the House has the right to override the EC(!!!); that sounds bogus to me, but I have to wonder.

From a Washington Post article...

And House Majority Whip Tom DeLay (R-Tex.) has circulated a staff memorandum to congressional Republicans pointing out that the House and Senate can reject a state's electoral votes if they decide that the votes are tainted.

Hmm... "Can"? (if found) "Tainted"?

-- Anonymous, November 20, 2000


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