The Constitution mandates that power over elections is vested in the States. In general this was both a check on Federal power and a tool of “discernment”; Hamilton insisted it would mostly result in candidates with broad appeal.
The States report election results to the Congress, where the President of the Senate tabulates the result. This is somewhat a vestige of the time when it took weeks for an envelope to get from Maine to Washington.
Article II, Section 1, Clause 3 says the President of the Senate “ all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President…”
Nowhere is the President of the Senate granted power of interpretation or judgment over election results.
The Constitution is often used as cudgel. Everybody likes to claim they’re on its side, or it on theirs. But occasionally it’s a prism that reveals exactly where people stand.
President Grant said it more concisely but we now have people who believe in the Constitution vs. those who want to tear it up when it doesn’t suit their needs. The latter crowd will fail today, but they will unleash things that are difficult if not impossible to take back.

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More from @dick_nixon

6 Jan
In 1962 I said the following:

“It is a mistake for the party to accept the beliefs of Sen. Barry Goldwater and write off the Negro vote. If Goldwater wins his fight, our party would eventually become the first major all-white political party. And that isn’t good.”
I characterized this as a matter of survival, and said the key to winning in the future was to convince black people they are better off economically and will have equal treatment under the law.
I kept my finger in the dike as long as I could, by God. Rather than carry the can you all preferred to watch Nixon’s back bend with the strain. That’s fine. If you want a job done, do it yourself.
Read 4 tweets
3 Jan
Bonds and Clemens were going to the Hall of Fame before the fall, as it were. That should end it. But you need to acknowledge they were the faces of a deep problem. Not just by their fame, but by their actions. The stonewalling. The game is worse for their behavior.
Schilling is to me a different case. He is by the standards I've always held very good, not great. But the Hall of Fame has opened the door to those players. Even so, that he has no friends is his problem. His play is not compelling enough to override that.
Schilling is also an example of a dumb trend in modern Hall of Fame voting: a well-known playoff game living too large in memory.
Read 4 tweets
2 Jan
An airplane, for instance, is a beautiful machine. Operated competently and in good faith it will almost never hurt people. You follow?
What I think the Democrats have yet to learn is that though they have an edge on policy, probably, we're past the point where policy counts. More than ever politics is about societal control. That is why people vote against interest.
If the Democrats have a hope in hell they have to be the square party now. Money in your pocket, the rule of law, a normal life.
Read 4 tweets
30 Dec 20
Is there desire for us here to broadly explain and interpret the "Brexit" deal? Even in general terms it would be of some length.
We’ll now try to sum up main points of the “Brexit” agreement. Keep in mind, please, that space is limited and the agreement is new.
First, it is a deal, that is the opposite of no deal, which would have had instant, catastrophic consequences. The wound is serious. Now we need to see how stitches work. Healing, such as it is, will be slow, and the patient will be permanently changed, if not totally weakened.
Read 14 tweets
28 Dec 20
The word "shall" in Article II, Section 1, Clause 3 makes this a lie.
You know, this is not a difference of opinion or open to interpretation or a matter of being misinformed. It's a lie.
Someone wrote to say the meaning of "shall" is debatable in law. That's true. But in context of Article II, Section 1 there is no debate. Did the Founders, who took every pain to vest responsibility for elections in the States, intend the Vice President to have ultimate power?
Read 5 tweets
14 Dec 20
If you want to know who's running things over there, London is about to go into strict lockdown. But in any case the rules will be lifted December 23-27 because, well, Pickwick and Cratchit and oranges around the fire. I don't know.
This has changed to a strict lockdown covering London and "much of the south and east," whatever that means. Households outside this area can now mix with other households on Christmas Day only.
When "Brexit" goes to hell, and it will, soon, the parliamentary party will fast put Johnson in a gibbet and all that Churchill garbage, which not even his allies really believe, will go up in smoke forever.
Read 5 tweets

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