A Constitutional Solution

Posted by Wanderer 8 years, 10 months ago to Politics
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A Constitutional Solution
Don’t like Wallbuilder Donny or Lying Hillary? There’s a way out. It’s called the Electoral College.
The Democrat Machine got its way and, Democrats are left standing at the altar, staring at a bride most of them don’t want, in spite of her gender.
The brick (and punch) throwers got their way and, Republicans are left standing at the altar, staring at a groom most of them don’t want, in spite of his vast knowledge and quiet eloquence.
If you’re less than thrilled about the choice you’re facing, there may still be time to avoid your vows. It depends on a seriously flawed third party which has fielded an accomplished and acceptable candidate who, even if he doesn’t receive many votes could, if he plays his cards right, stop both Donny and Hillary from winning.
What? They can both lose?
Yes, they can both lose. Our Constitution requires a Presidential candidate receive a majority of Electoral College votes; not a plurality, a majority. The same straightforward, established Republican Party rule that Trumpites refused to acknowledge or understand in the primary process. To get the Party nomination a candidate had to receive more than half the available votes. To become President, a candidate has to receive more than half the 539 available Electoral College votes.
If neither Donny, nor Hillary receive 270 Electoral College votes, they both lose.
Feeling flushed? Pulse quickening? Wondering if this can really happen?
It’s happened twice, once in 1800, when Thomas Jefferson and Aaron Burr got exactly the same number of Electoral College votes, allowing the House of Representatives to select Jefferson as the next President.
It happened again in 1824 when, because there were four candidates running for President, none received a majority of the Electoral College votes. The Twelfth Amendment limits the House’s choices to the three candidates who received the most popular votes, Andrew Jackson, John Quincy Adams and William Crawford. The Congress picked Adams, even though he’d received far fewer popular and Electoral College votes than had Jackson.
So, you see, it could happen, the House of Representatives, your Congressmen could pick someone besides Donny and Hillary, someone like Gary Johnson, Libertarian Party candidate and former governor of New Mexico...
…as long as neither Donny nor Hillary get 270 Electoral College votes. But, it will only happen if we make it happen. Here’s a possible scenario:
Sanders and Cruz between them took more than 60% of total primary votes cast in the following states: Alaska, Idaho, Kansas, Main, Utah and Wyoming. That’s a lot of votes for someone besides the two front runners and, if they could be convinced to do it again, vote for someone besides the two front runners, like Gary Johnson, that would be 26 Electoral College votes neither Wallbuilder Donny nor Lying Hillary would get. If they roughly split the remaining Electoral College votes, they both come up short of 270.

The House could then choose “Neither Of The Above”, ending our electoral nightmare and, giving us a caretaker President, Libertarian Gary Johnson who remains popular in his home state, New Mexico, where he’s thought to have done a very good job. Instead of the usual wild-eyed, bomb-throwing Libertarian, Johnson takes a much more practical, evolutionary approach and appears to have none of the character flaws belonging to the front runners.
Just a thought, Alaska, Idaho, Kansas, Maine, Utah and Wyoming, you could save us. Just a thought.


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  • Posted by 8 years, 10 months ago in reply to this comment.
    It only takes a majority in Congress so, in theory, the Republicans could win the vote. Would they vote Libertarian? I don't know. The Freedom Caucus might. Paul Ryan might.
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  • Posted by 8 years, 10 months ago in reply to this comment.
    Mostly true. The Freedom Caucus now has 42 members. I consider them honest, Constitution loving patriots.

    Re Barry Obama...what can I say? The electorate is a fool.
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  • Posted by 8 years, 10 months ago in reply to this comment.
    I agree, our population has changed but, I believe it has changed less in the 6 states I mention than in most others.

    The key to the Libertarians being spoilers is concentrating on states they can win, not just show.

    I also agree, Congress is fishy these days but, the 12th Amendment is in black and white. They could choose only from the top 3 popular vote getters. Should they choose to do something besides that, I'd say we'd have brought on the long awaited Constitutional crisis.

    I'd say their most likely course is to choose either Clinton or Trump, no worse than the situation we're now facing and it would have shown the Libertarian Party now has the power to sway elections.
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  • Posted by ycandrea 8 years, 10 months ago
    Every time I have seen and/or heard Gary Johnson speak, I am less than impressed. He comes off as an airhead and a doofus. I would rather have Trump win than him.
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  • Posted by jimjamesjames 8 years, 10 months ago in reply to this comment.
    I can't believe the American electorate would choose a Muslim-raised, communist-raised community organizer as President. But they did TWICE.......... The GOP, as they have demonstrated time and time again, they will do exactly what they want that advances their personal agenda to keep public's concerns out of their decisions. .
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  • Posted by term2 8 years, 10 months ago in reply to this comment.
    I think my odds of winning are better on the slot machines in Vegas. This would require a lot of planets aligning all at the same time, and essentially requires both Trump and Hildebeast to tie on electoral college votes (or very close)
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  • Posted by term2 8 years, 10 months ago in reply to this comment.
    I cant believe the GOP republicans in the house would ever vote for Hillary if they had to make the decision. I cant believe the dems in the house would ever vote for Trump OR Johnson. Stalemate !!!
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  • Posted by starznbarz 8 years, 10 months ago
    Two thoughts leap to mind - It`s a very different group of Americans than in 1800 & 1824 and, based on recent history, what makes you think this(or the last few) congress would even acknowledge, let alone follow, the Constitution?
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  • Posted by Herb7734 8 years, 10 months ago in reply to this comment.
    While your description of Mrs. Clinkton is semi accurate (you left out too much) I don't think Trumpeter is a psycho. Neurotic, perhaps Unprepared, no doubt. Ignorant? No. There is a sharp mind behind the bluster, but it may not be willing to learn.
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  • Posted by Herb7734 8 years, 10 months ago
    Dream on.
    It's a lovely proposition, but a very unrealistic scenario. I don't know how good of a writer you are, Wanderer, but it could be a terrific opening for a thriller. I suggest you name the hero Max Animus.
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  • Posted by $ CBJ 8 years, 10 months ago in reply to this comment.
    There is plenty of point to appealing to Trump voters, especially those of the “hold your nose” persuasion. Same with Clinton voters. Support for both candidates is a mile wide and an inch deep, which is why there is so much variation in the polls and why the polls are so heavily influenced by the latest news. There are still a ton of “undecided” voters out there, and their numbers are likely to rise as the negative campaigning ramps up into high gear. These voters, along with disillusioned Sanders supporters, are fair game for the Gary Johnson campaign.

    That said, I don't think my strategy and yours are mutually exclusive. There is quite a bit of overlap. But Gary Johnson needs to run a national campaign to be seen as a credible candidate and to poll high enough to be included in the debates.
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  • Posted by Eyecu2 8 years, 10 months ago in reply to this comment.
    I saw that and as you mentioned they selected John Adams, who had the least votes, that gives me no confidence that the bought and paid for crooks currently in office wouldn't just select Hillary.
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  • Posted by 8 years, 10 months ago in reply to this comment.
    If he employs your strategy he will lose. If he attempts a national campaign, competing directly against Clinton and Trump he will not obtain enough popular votes to win any Electoral College votes.

    I spent lots of time and Republican campaign events last year and earlier this year and, disagree with your characterization of the campaigns. Half of the Republican candidates tried remaining above the fray and they lost. I witnessed voters weeping for joy at Trump rallies. They weren't and won't be swayed by Presidential dignity. They want a dictator, their dictator. I had people tell me the first thing Trump would do after he was elected would be to throw out everyone in Congress and put them all in jail.

    There is no point in appealing to Trump voters. Johnson will only win by appealing to voters who rejected Trump and Clinton. That only happened in a handful of states thus, my original thesis; the Libertarians must concentrate on a handful of states and play spoiler then, try to convince Congress to select them as caretakers instead of selecting either of the leading candidates.
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  • Posted by 8 years, 10 months ago in reply to this comment.
    Please see my above answer to Jim. Congress is not free to do whatever it pleases. The 12th Amendment lists the rules for doing this. It's happened twice before, in 1800 and again in 1824.
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  • Posted by jimjamesjames 8 years, 10 months ago in reply to this comment.
    Wanderer, I am not disparaging the process or your suggestion. But "the best" candidate (and I would favor Johnson) would be Hillary because the Elite Cabal (GOP/DEMS) sees her as the candidate that will enshrine their power and the destruction of the USA most effectively.
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  • Posted by RobertFl 8 years, 10 months ago
    I agree. Congress themselves are split. I don't believe all democrats would vote Hillary, nor do I believe all republicans would vote trump. Johnson can reach across both aisles and those never trump, and never Hillary centrist might out number the lock-step party supporters.
    Until November, I will hold that out as hope.
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  • Posted by 8 years, 10 months ago in reply to this comment.
    Jim;

    This is not some weird thing I made up. It's happened twice; once in 1800 and once in 1824, the House or Representatives chose the new President and, neither time did they choose the most popular candidate. Both times they chose the best candidate.

    The 12th Amendment says when no candidate receives a majority of the Electoral College vote, the House of Representatives is free to choose the new President but, its choices are limited to those who came in first, second, or third in the national popular vote.

    They are not free to choose Bill Clinton or Al Sharpton or any other frivolous name you can come up with. Given that Johnson's name will be on the ballot in all 50 states he will receive more of the popular vote than any write in or 4th party candidates so, the House will have to choose from between Hillary, Donny and Gary Johnson.
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