You gotta hand it to Judson Phillips, the absolutely deranged leader of Tea Party Nation. If he’s going down, he’s going down with a fight. Hell, he still thinks Romney can be sworn in as president in January. And he has a delightfully cockamamie plan for making that happen. And he’s publishing it, naturally, at the Worldnutdaily.
Barack Obama has not yet been re-elected president.
Yes, the election is over – but remember, a presidential election in America is not by popular vote. We vote for the candidate, but what we are really doing is voting for the electors who will meet on the Monday after the second Wednesday in December…
And the best part – this is totally constitutional.
The 12th Amendment of the Constitution as well as Article II of the Constitution govern the Electoral College.
According to the 12th Amendment, for the Electoral College to be able to select the president, it must have a quorum of two-thirds of the states voting. If enough states refuse to participate, the Electoral College will not have a quorum. If the Electoral College does not have a quorum or otherwise cannot vote or decide, then the responsibility for selecting the president and vice president devolves to the Congress.
The House of Representatives selects the president and the Senate selects the vice president.
Since the Republicans hold a majority in the House, presumably they would vote for Mitt Romney, and the Democrats in the Senate would vote for Joe Biden for vice president.
Can this work?
Sure it can.
Uh, no. It can’t. The 12th amendment doesn’t say that there must be a quorum in the electoral college, it says there must be a quorum in the House of Representatives:
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.
But Judson has it all figured out despite his inability to read:
Mitt Romney carried 24 states. We need to have conservative activists from all over the nation contact the electors, the Republican Party and the secretary of state in all of these states and tell them not to participate in the Electoral College when it meets on Dec. 17.
If we can get 17 of those states (just over one-third) to refuse to participate, the Electoral College will have no quorum. Then, as the Constitution directs, the election goes to the House of Representatives.
That is how we can still pull this election out and make Mitt Romney president in January.
We need this concept shared with every tea party, liberty and patriotic group throughout the country. We have time to act, but we must pressure Republicans to do the right thing.
Well of course. Because they love the Constitution and they love democracy, so obviously they prove that by trying to prevent the outcome of a legally valid election from being certified so their guy can win instead. How patriotic!
Update: Looks like even the folks at the Worldnutdaily figured out that Phillips was talking out his ass. They’ve updated the post with this:
Editor’s note, Nov. 20, 2012: Since this column was posted it has been discovered that the premise presented about the Electoral College and the Constitution is in error. According to the 12th Amendment, a two-thirds quorum is required in the House of Representatives, not the Electoral College.