Politics

Seth Barrett Tillman: How The Recounts Pose A Risk To Mike Pence

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What are the Democrats up to in pursuing election recounts?

Still if all 3 states fail to make a timely recount and fail to appoint their slate of Trump-Pence electors…then the presidential race will be thrown into the House where each State has one vote. Under Article II and the Twelfth Amendment, Trump has to carry a majority of state delegations (26 of 50). There is a separate quorum requirement: 2/3 of the States (34 of 50) must have one or more members present. Trump can probably meet this bar: 32 of the state delegations in the 115th Congress will have Republican majorities (albeit some are narrow majorities), and 11 other state delegations have 1 or more Republican members. So the Republicans should be able to reach a quorum of 34 States with one or more members present.
 
However, if all three 3 states fail to make a timely recount and fail to appoint their slate of Trump-Pence electors…then the vice presidential race will be thrown into the Senate. Under Article II and the Twelfth Amendment, Pence will need a majority of the “whole number” of senators. The Republicans have such a majority. But the Twelfth Amendment also has a quorum requirement: “two-thirds of the whole number of Senators.” [2/3 is 67 of 100 senators, assuming all elected Senators are alive and sworn during the proceedings to select a Vice President.] The Republicans cannot meet this bar, at least not absent Democratic participation. By absenting themselves, the Democrats can block the narrow Senate Republican majority from selecting Pence.

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And the Trumpapocalypse Rolls On

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It has been an education, watching the mass public meltdown on the part of the not-Trump faction over the last week and a half. OK I get the shock and denial, said to be the first stages of grief. Hillary was supposed to become the first woman elected president of the USA! (Yay, vagina!) It was her turn, per the Ruling Uni-party and a whole lot of people who should have known better. And she was supposed to be qualified the most qualified woman evah! – although specifics about those qualifications are somewhat thin on the ground and mostly to do with her grabbing in marriage an attractive, promising professional pol on his way up, and sticking with him no matter what personal humiliations that entailed for decades.

I’d interject a personal note here: I once had a security clearance, and handled classified material for a couple of years. If I had been so damned careless with those documents as the Dowager Queen of Chappaqua was as Secretary of State, I’d still be in a cell in Leavenworth, instead of blissfully retired from the Big Blue Machine for two decades. Too, she had the establishment national media in her pocket, slavering to be of obedient service to the Queen, and a whole lineup of celebrities, likewise dropping to their knees and elbowing each other out of the way in their haste to swear fealty. Her campaign spent a bomb on pollsters, advertising, and whatever else presidential campaigns are supposed to spend megabucks on which until now was always supposed to signal victory. It was in the bag for her, without a doubt! And yet … the dominoes dropped, one after one, after one. And the coronation was off. No wonder the Dowager Queen is reported to have had a particularly horrific tantrum on Election Night, and vanished from the eyes of her adoring public for more than a week, reappearing looking like a side dish of Death indifferently warmed over.

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Seth Barrett Tillman: Room for Debate: Constitutional Restrictions on Foreign Gifts Don’t Apply to Presidents

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Seth makes the New York Times:

Still the Constitution does not always demand that we and our government act wisely. And that is the situation here. The Foreign Gifts Clause provides that “no person holding any office of profit or trust under them (i.e., the United States) shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”
 
Does the Foreign Gifts Clause and its office under the United States language apply to the presidency? There are three good reasons to believe that it does not.

Worth reading in full.

Seth Barrett Tillman: National Conference Of State Legislatures: Number Of State Legislative Seats Held By Each Party

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The shift to the Rs represents just over 1/2 of 1% of all state legislative seats (i.e., (44) / (7,297)). Interesting, 12 House state legislative chambers and 2 Senate state legislative chambers are controlled by 5 or fewer seats. Small changes in seat distribution can have highly significant effects.

Read the details.

The Trumpapocalypse

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Count me among those who were astounded and relieved somewhat to wake up on Wednesday morning, to the sweet sound of my daughter saying, “He won it!” She had stayed up to all hours watching the returns on streaming video, becoming hypnotized by watching the dominoes begin to cascade. I just didn’t have the endurance in me. I thought all day Tuesday (and for a week or so in advance of Election Day) that while he might possibly have an excellent chance, based on the sense that his various, wall-to-wall-scheduled rallies had standing room only crowds, while Her Inevitableness, the Dowager Empress of Chappaqua basically had to bus in Dem Party stalwarts and lock the doors to keep them from leaving. Just the comparative pictures of the crowds … well, that lent hope. The cascade of revelations from Wikileaks also gave hope that perhaps a larger audience would see the Clintons for the grasping, corrupt plutocrats that they have become, and perhaps have always been. But seeing the major national news media were so neatly pocketed by her campaign, and knowing that 18-wheel trailer-truckloads of fraudulent ballots were likely being packed and loaded I could not bear to watch our America fall into the status of a banana republic in a single awful night. I believed that at best Republicans would hold on to the Senate and House and to a preponderance of the state legislatures and governorships. After all, the Dowager Queen of Chappaqua, AKA Her Inevitableness, is not Evita, and we are not Argentina and what a pure relief it is to know that millions of Americans of all colors, genders and political persuasions agree with me. “There is a Providence,” as Chancellor Bismarck is believed to have remarked (although likely he didn’t) more than a century ago, “that protects idiots, drunkards, children, and the United States of America.”

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