>>12062464
(cont)
Recall we are still in the 116th Congress, which has a House which is Majority D, and a Senate which has a razor-thin R Majority, with MANY R's actually turning against POTUS and saying "Accept Biden as POTUS."
pressgallery.house.gov/member-data/pa…
senate.gov/history/partyd…
So, because you and I like to have fun, and we love to play war games to check out all the angles and how we'd handle atypical attacks, let's look at the following scenario:
12/19/2020: Poor ol' Mike comes down with a case of the FISA/R0NA
So POTUS nominates a new VP - easy. The name goes to both Chambers of Congress, and they must both, by simple majority, approve of the VP pick.
… isn't it curious why there's so few Trump/Pence signs…?
POTUS isn't going to nominate a VP that isn't going to be loyal and / or also conduct the counting of the States' votes in a way that recognizes Fraud, and accepts alternate electors from states where there is overwhelming evidence of election irregularities. (Constitutionally).
And a Majority D House won't vote for ANY POTUS nominee of that kind.
And a razor-thin margin Senate (with some spineless R's) won't vote for a POTUS nominee. And even if it did, the 25 Amendment requires a simple majority in BOTH Chambers.
So our situation reduces to the following:
POTUS can nominate an infinite number of people who fit the bill, and they will NEVER get confirmed.
Ha! D's hold ALL the power.
Not so fast, bucko. Perhaps you've forgotten the following:
"It's about the BREAK."
Btw, Q - if you're watching, this is me being an autist :)
ballotpedia.org/116th_Congress… ImageImageImage
116th Congress legislative calendar - Ballotpedia
https://ballotpedia.org/116th_Congress_legislative_calendar
Under the Constitution - Article 2 Section 2 Clause 3:
"The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."
constitution.congress.gov/browse/article….
Article 2 Section 2 Clause 3 | Constitution Annotated | Congress.gov | Library of Congress
https://constitution.congress.gov/browse/article-2/section-2/clause-3/#:~:text=The%20President%20shall%20have%20Power,End%20of%20their%20next%20Session
Look closer at what that says.
"…which shall expire at the End of their next Session."
The sessions of Congress last ~6 months! (2/year).
Oh, and a new Congress (one with significantly more R's in the House) is sworn in on January 03, 2021.
constitution.congress.gov/browse/article….
Article 2 Section 2 Clause 3 | Constitution Annotated | Congress.gov | Library of Congress
https://constitution.congress.gov/browse/article-2/section-2/clause-3/#:~:text=The%20President%20shall%20have%20Power,End%20of%20their%20next%20Session
Effectively, the current Congress has NO TIME from when poor ol' Mike comes down with a case of the sniffles, even if they WANTED to stonewall POTUS, because their session ends!
Voting on a new nominee can't happen until ~July 2021, AND he can appoint whoever he pleases ASAP.
So Congress can stonewall POTUS, but they're up against the clock. Damned if you do, damned if you don't.
Does that seem like "rock and a fooked place" to you?
Go ahead - raise a case to SCOTUS. They just proved how impartial they are.
It's quite frankly the clearest Originalist case that could exist.
They're also 5-4.
RIP RBG (1933 - 2019)
Article 2 Section 1 Clause 4, and 2 US Code S7
constitution.congress.gov/browse/article…
law.cornell.edu/uscode/text/2/7 ImageImage
2 U.S. Code § 7 - Time of election
https://www.law.cornell.edu/uscode/text/2/7
Article 2 Section 1 Clause 4 | Constitution Annotated | Congress.gov | Library of Congress
https://constitution.congress.gov/browse/article-2/section-1/clause-4/#:~:text=The%20Congress%20may%20determine%20the,same%20throughout%20the%20United%20States
.