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Showing Original Post only (View all)Congress can not count Trump's votes tomorrow, and Harris would become president. [View all]
This article by two Supreme Court clerks was written a couple weeks ago in The Hill. Congress does have the power to stop Trump from becoming president if they fulfilled their constitutional duty to prevent an insurrectionist from holding office.
https://thehill.com/opinion/congress-blog/5055171-constitution-insurrection-trump-disqualification/
To make an objection under the Count Act requires a petition signed by 20 percent of the members of each House. If the objection is sustained by majority vote in each house, the vote is not counted and the number of votes required to be elected is reduced by the number of disqualified votes. If all votes for Trump were not counted, Kamala Harris would be elected president.
The plain wording from the 14th amendment:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
https://constitution.congress.gov/constitution/amendment-14/
Congress can and should block Trump from becoming president, since the constitution is clear about the fact he is unqualified to hold office. If we are going to be purists and honor the electoral college despite a candidate losing the popular vote because the constitution is clear about the rules, we can and should keep a winning candidate from holding office, again, because the constitution is clear about the rules: an insurrectionist is unqualified to receive electoral college votes and congress must not count those votes he is ineligible to receive. The alternative would be for congress to allow an insurrectionist to hold office with a 2/3rds vote. There is no other constitutional way about it.
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Congress can not count Trump's votes tomorrow, and Harris would become president. [View all]
ColinC
Jan 5
OP
No wish or hope here. Just clearly what is legal. Congress certifying Trump should be considered a major illegal act.
ColinC
Jan 5
#2
According to the Constitution, Congress has the sole authority to decide if they need to address it or not
Kaleva
Jan 6
#50
If they do not remove the disability by a 2/3rds vote, it will be an illegal certification.
ColinC
Jan 6
#11
It's not illegal to have a different opinion than yours. That's why these are called "political questions"
tritsofme
Jan 6
#39
It is a political question for Congress to decide, disagreeing with you doesn't mean something illegal has happened.
tritsofme
Jan 6
#43
The words are clear to you personally. However this is a political, not a legal, determination to be made by Congress.
tritsofme
Jan 6
#56
The Supreme Court already ruled that Article 3 of the 14th Amendment required Congress to pass
summer_in_TX
Jan 6
#12
The article i shared explained how the scotus ruling doesnt actually apply to certification
ColinC
Jan 6
#14
Again if congress wants to abide by the constitution and honor the will of the people they can do that
ColinC
Jan 6
#26
Yes, and Dems in 2027 should push legislation & let tRump veto it; then push in 2029 and D Pres sign it
Bernardo de La Paz
Jan 6
#71
I guess the term 'domestic enemy' in the oaths of office is just there as fluff. nt
Hotler
Jan 6
#61