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

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  •  Sorry to quibble but... (0+ / 0-)

    since this thread is about reading the 12th Amendment accurately, I feel okay in pointing out that the Amendment does not actually refer to ties but to what happens "if no person have such majority."

    This may seem like a distinction without a difference but let's imagine a scenario where a 3rd party candidate wins a handful of states, thus preventing either major party candidate from getting to 270.  Congress would then decide the outcome even if the top two candidates were not tied.

    Imagine an out come where Romney carried all of his states but a 3rd Party Candidate won CA (55) and AZ (11).  That would give Obama 266, Romney 206 and 3rd Party 66.  That would have resulted in the House choosing the President from among these 3 candidates while the Senate voted between Biden and Ryan (but NOT the 3rd place finisher) for VP.

    Also the word quorum does appear in the 12th Amendment.  But it refers to the House voting in this kind of scenario, not the counting of the Electoral College votes.

    "Unrestricted immigration is a dangerous thing -- look at what happened to the Iroquois." Garrison Keillor

    by Spider Stumbled on Wed Nov 21, 2012 at 04:18:26 PM PST

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