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Reply #53: To avoid having courts decide presidency, you'd let congress re-decide it? [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009)

Land Shark

(1000+ posts) Send PM | Profile | Ignore

Thu Dec-04-08 02:31 PM
Response to Reply #26

53. To avoid having courts decide presidency, you'd let congress re-decide it?

That more likely than not would at least get some sort of Democrat in, but that's not guaranteed, either. More importantly, it sets a precedent that Congress can override the election by the people and substitute its own choice, when Article II says Representatives and Senators are NOT supposed to ever be electors, except in case of a candidate not getting a majority (then the vote, 1 state 1 vote in the House) or in the case of the death of the president. (20th amendment) Without those "trigger" events, there's no constitutional authority for the senate and/or house to act as electors. It's prohibited by Article I, section 1.

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