Commentary On Monday, I wrote on these pages that Vice President Mike Pence, as president of the Senate, would be violating his oath of office were he to count the electoral votes cast for Joe Biden in the six disputed swing states—Michigan, Wisconsin, Pennsylvania, Georgia, Arizona, and Nevada—because the governors of those states had “certified” the Biden-pledged electors, despite a demonstrably fraudulent election, and in contravention of the wishes of some state lawmakers, which had sent Trump-pledged electors who cast “dueling” votes for President Trump at the Dec. 14 Electoral College. I referenced a recent case brought by the Amistad Project in the D.C. federal court, which argued that the federal and state statutes allowing the governors to certify electoral votes over the objections of the state lawmakers were unconstitutional and as such void, in that Article II (containing the “Electors Clause”) grants the “exclusive and non-delegable” power to the …
Vice President Pence Must Be Guided by the 12th Amendment, Not the Electoral Count Act, on Jan. 6
December 31, 2020
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