The 12th Amendment

So, my friends - or not my friends, why has President Trump NOT conceded yet? Quite simply, he's not stupid! Whether or not things are dictated to us by this news network or that one, they have no constitutional authority to tell us who the next president will be. We have laws, and we have the Constitution of the United States of America. The fact of the matter and the bottom line is, if the legal challenges continue up to January 6th, then the election and the electoral college become null and void. At THAT POINT the responsibility of selecting the next president goes to the House of Representatives. Immediately most who favor Vice President Biden will feel comforted since the Democrats have the majority in the House - but HOLD ON! What I am telling you and am about to tell you is straight out of the 12th Amendment of the Constitution of the United States. At the point of the House of Representatives making the choice, each representative does NOT get one vote, no! Each state gets one vote! How does this matter? It matters because 37 of the 50 states have a Republican majority. 

So, we are not there yet, and I am sure the "smart ones" in the Democratic Party are aware of the 12th Amendment too - and will do everything in their power to make sure there has been a definitive and valid decision made prior to January 6th, but if they do not - do not be surprised by another four years of President Trump. How can this happen? Well, if President Trump does not concede and enough of the states refuse to certify their electoral votes by January 6th, at that point it will go to the House of Representatives.

There are some who would argue this undermines the electoral process - but to them, we have to say that the 12th Amendment is PART OF the electoral process which is validly and constitutionally in place. We also need to remind ourselves, again, that we are not there yet. If enough states certify their ballots, it is over - and there will be a Biden presidency. If they do not - OR - enough submit conflicting or "dueling slates of electors" and neither candidate receives the required 270 electors, then on January 6th, it goes to the House.

Does this sound far-fetched? Well, the House electing the President HAS HAPPENED THREE BEFORE! Well, FOUR if you count President Ford (see below).

In 1800, Thomas Jefferson - the "author of the Declaration of Independence" was elected by the House, who almost went for Aaron Burr.

In 1825, because there was no decision by January 6th, the House was left the responsibility and John Quincy Adams, who had fewer votes in the popular election was elected by the House. 2020 is not quite the same, since in 1825 there were three candidates vying for the presidency and today there are only two serious contenders. Well, Jorgensen is out there and though she has very few votes, if the selection goes to the House - the "top three" are the choices mandated by the 12th Amendment - so she too would be in the running.

In 1877, Rutherford B. Hayes was elected by the House after his opponent, Samuel J. Tilden had won 50.97 of the popular vote.

In 1974, President Nixon was facing impeachment and Vice President Spiro Agnew having been forced from office a year earlier due to alleged bribery charges. President Nixon nominated then-Senator Gerald Ford to be vice president, both houses of Congress voted him in as vice president - which led to him being president when President Nixon resigned.

Again, we are not there yet, but if we do get to January 6th without a decision, it goes to the House, and with a 37 to 13 advantage there - President Trump will be re-elected.

Here are a few video explanations: