Tamarkin



State of the United States 2020 Presidential and VP Elections & Path Forward


The 2020 election “results” will ultimately go to the Supreme Court. President Trump’s November 7, 2020 Press Release makes it clear his team will pursue all available legal options. In all probability the Supreme Court will rule that the election is invalid due to fraud and/or mistakes on a massive country wide scale. The outcome can take two directions; either the Court will rule that all the unconstitutional mail in ballots will be removed and the defendant states be ordered to recount without them; or they will simply rule the election is invalid due to mass voting process irregularities.

In the later more likely case, the matter will be sent to the Congress and Senate for a vote pursuant to the U.S. Constitution 12th Amendment. In this instance the House of Representatives votes on who the President will be and the Senate votes on who the Vice President will be. It has nothing to do with what party has a majority of house members. Every state gets one vote and 30 states are held by Republicans while 20 states are held by Democrats. They have to vote down party lines; they have no choice due to the 12th Amendment as stated above. The Senate votes for the Vice President in a similar fashion.

This is the law. This is why the Democrats were so vocal in their opposition to Supreme Court Justice Amy Barrett who is an expert on the constitution and its strict implementation. This will take place between now and March 2021. The only way President Trump won’t be President for four more years is if he concedes the election and that is highly unlikely.

State of the United States 2020 Presidential and Vice Presidential Elections

President Trump has stated that the Trump team will be filling legal litigation in several states for the determination of voting process irregularities and/or fraud. In all probability this will make its way to the Supreme Court. In the event the Supreme Court overturns the election for the aforestated reasons, the Twelfth Amendment of the US constitution will be invoked. The issue of “the representation of each state” as provided by the 12th Amendment is somewhat vague. Presumably the Trump team lawyers will seek clarification of this ambiguity from the Supreme Court as well.

What is not at issue in this instance is the requisite that the plaintiffs establish any quantifiable damages in terms of percentage of votes lost or gained through the processing errors and/or fraud; rather all that needs to be reasonably asserted is the fact that those quantifiable facts can never be established in a time frame consistent with the need for the country to resolve its leadership issue.

The 12th Amendment follows:
Constitution of United States of America 1789 (rev. 1992) Amendment XII

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;-The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;-The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President-The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
For an illustrative examples of such a previous contested elections please refer to Thomas Jefferson versus John Adams, 1800, John Quincy Adams versus Andrew Jackson, 1824 and Rutherford B. Hayes Versus Samuel J. Tilden in 1876.