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Would Vice President Kamala Harris Have a Constitutional Duty to Discount Any Electoral Votes for Donald Trump?

Given that the Fourteenth Amendment to the Constitution is self-enforcing...

[quote]Presidential electors have the power (and therefore perhaps the responsibility as well) to enforce Section Three. In perhaps half the states, the question is more complicated, because state laws purport to [i]bind[/i] the electors in various ways to vote for their party’s candidate rather than making their own determination, and the Supreme Court has recently upheld such laws. But even working within that paradigm, states and their legislatures have their own duties to uphold the Constitution. That means they have a responsibility to arrange that their electors do not elect a constitutionally disqualified candidate, which should be reflected in their laws.

If the voter and presidential electors do select a disqualified candidate for the Presidency, we do not believe that Congress (or the Vice President) have the power to reject that candidate when the votes are counted in joint session. Whatever the extent of Congress’s and the Vice President’s authority to count the electoral votes, or determine the authenticity of submitted votes—i.e., was this the act of the electors of the state?—we do not believe that they have the authority to evaluate the decisions or actors of the electors themselves. So if a properly selected elector submits a vote for a constitutionally disqualified individual it should still be [i]counted[/i].

Still, once those votes are counted, a disqualified candidate [i]does not become president[/i], even if he has the most votes. This is made explicit by the (self-executing) command of Section Three of the Twentieth Amendment, which sets the constitutional terms of a President’s term. It states that at “the time fixed for the beginning of [the President’s] term,” “if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified.” The language thus specifically confirms the possibility of a failure to qualify, and specifies the consequences of that failure. If the President-elect is covered by Section Three, he cannot become President—unless Congress chooses (by supermajority votes) to remove Section Three’s disability.[/quote]

Baude, William and Paulsen, Michael Stokes, The Sweep and Force of Section Three (August 9, 2023). University of Pennsylvania Law Review, Vol. 172, Forthcoming , Available at SSRN: https://ssrn.com/abstract=4532751
MAGA morons think Pence could have overturned the election ...
So Harris can in '24?

Discount electoral votes? You mean like at a Target? You're comparing the Vice President to a retail store? Does Kamala Harris even give discounts? Half price off discounts? Buy two get one free? That kind of thing? 🤣
beckyromero · 36-40, F

I think you need a dictionary.

dis-count (verb)

a: to leave out of account or consideration : disregard
discount the possibility that the situation may worsen
its effect cannot be entirely discounted
b: to minimize the importance of
shouldn't discount his contributions
c(1): to make allowance (see allowance entry 1 sense 2) for bias or exaggeration in
discount most of their claims
(2): to view with doubt
discount a rumor
jackjjackson · 61-69, M
Ms Romero has sadly gone off the deep end once again 😳
jackjjackson · 61-69, M
Harris 😂🤣😂
You make a compelling argument. I'm going with yes.
beckyromero · 36-40, F

Keep in mind that I did NOT say I believe Harris has that authority.

I instead agree that the Fourteenth Amendment to the Constitution is "self-enforcing."

That would mean that Trump SHOULD not be allowed to be sworn into federal office ever again. He cannot take the presidential oath of office. And even if he said it to himself it wouldn't be legal.

Once the Fourteenth Amendment applies to Trump, him saying the oath aloud would have no more force of U.S. law than Vladimir Putin saying it aloud.

Congress would have the power to reject ALL cabinet appointments Trump may announce and the Vice President (the one sworn in) would have the power to "remove" self-authority by siding with a majority of the cabinet (these would be acting secretaries left over from the Biden administration).

I do not say this in jest. While I believe Trump will lose his bid to be elected, in the even he WAS elected, it is possible that between election day and inaugural day he could find himself convicted in the George election case.

While as president, Trump might be able to block ongoing federal cases against him in 2025, Trump has no power to block a state judicual proceeding against him and he could find himself convicted in that case even AFTER he is sworn in as president. Oh, sure, he could appeal - and when he loses on appeal, impeachment AND conviction is all but certain. Unless his vice president invokes the 25th Amendment before that.

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