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View Diary: Reading the Constitution is hard, if you're a teabagger (246 comments)

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  •  Not as off-base as other wingnut theories (1+ / 0-)
    Recommended by:
    Land of Enchantment

    but still wrong.

    When I first heard this, I had to reread the relevant portions of Article II and the 12th Amendment to figure out exactly what was going on, because it does mention a quorum.  Here's the entirety of the 12th Amendment:

    The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate.
    The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.

    The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

    The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

    So the Amendment does mention a quorum.  However, the quorum rule applies only in the case of an election decided by the House of Representatives.  Alas, learning this would require more than a cursory reading of the Amendment.  But from a group that isn't dissuaded by objective facts or tangible evidence, I guess comprehensive reading is too much to ask as well.
    •  Right. (0+ / 0-)

      And the quorum and majority requirements are number of states, not number of Representatives. Each state gets 1 vote.

      Quorum = 2/3 of 50 states = 34
      Majority = 26/50 states

      •  AND you still need a majority of states to win. (0+ / 0-)
        and a majority of all the states shall be necessary to a choice
        If you have a slim majority of states, the other side can (attempt to) boycott the House session to fail the 2/3 quorum requirement.

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