From the category archives:

The Constitution

Obama Wins a Tie

by Nick on August 2, 2008

82053338PM007_BARACK_OBAMA_In the event of a tie in the Electoral College, Barack Obama will be our next President, according to the Politico’s David Mark.  Although not too likely, there is a plausible scenario this year in which both Barack Obama and John McCain end up with 269 Electoral Votes.  In this situation, the House of Representatives decides who will become President.

Here’s the most likely scenario for a tie: Give Obama the 252 electoral votes John Kerry won for the Democrats in 2004, and add to those New Mexico (5) and Iowa (7), which narrowly went for President Bush in 2004 after backing Al Gore in 2000, and traditionally Republican Colorado (9), where changing demographics favor Obama. Subtract New Hampshire(4), renowned for its independent streak and where voters in Republican primaries have twice favored McCain over establishment-backed and better-funded candidates, and it amounts to 269-269.

But the House doesn’t simply take an up or down vote.  Instead, each state delegation gets one vote.  Democrats hold a majority in most state delegations, and will likely increase their holdings this year (it is the incoming House of Representatives that selects the President).

But no matter the breakdown, it’s a good bet that a 269-269 tie would result in an Obama victory in the House, where the Constitution gives each state’s delegation one vote. The vote of California’s 53 members, for example, could be canceled out by North Dakota’s one-member delegation. In the current 110th Congress, Democrats control 26 state delegations to the Republicans’ 22, while two are tied. And with Democrats poised to pick up seats in the fall elections, that margin is likely to increase.

What the article didn’t mention is perhaps the most interesting outcome.  If the House of Representatives cannot select the President (if there is a 25-25 tie) then the Presidency goes to the Speaker of the House.  We would have President Nancy Pelosi.  A liberal Democrat from San Francisco would be President.  How do you think Republicans would feel about that result?

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Presidential Succession

by Nick on July 16, 2008

Posted By: Nick

 
Bruce Ackerman writes in Slate about the possibility of a constitution crisis should both the Presidency and the Vice Presidency become vacant at the same time.  Apparently Bush (like Reagan did) issued an executive order defining the presidential succession.  Why would this be needed considering we already have a succession laid out in the Consitution?  That is unclear, but it sure seems like a power grab in the event of another major terrorist attack.

[W]hen [President Bush] issued a public directive on the matter on continuity in government in 2007, he explicitly pledged to act “consistent[ly]” with the Presidential Succession Act. At the same time, however, his directive refers to a secret appendix. And as Ron Rosenbaum pointed out in Slate, even members of the House Committee on Homeland Security have been denied access to the document.

That is pretty frightening.  That Members of Congress aren’t allowed to see what changes the President might have ordered to the Presidential Succession is surely a major consitutional violation.  In fact, simply changing it at all is a constitutional violation.

I’m not sure how this can be resolved, but clearly this needs to be looked into.  If Ackerman is right, and something were to happen to Bush and Cheney… we could be facing a crisis like none we’ve seen before.

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