This chapter examines the complexities of the Vice President's responsibilities during the electoral vote counting process, delving into the historical and legal frameworks that define their authority. It discusses the implications of the Electoral Count Act and significant court rulings, particularly focusing on the limits of discretionary power for electors and the potential consequences of a Vice President overstepping their bounds. The chapter further explores hypothetical scenarios, including divided congressional control and the intricacies of constitutional law regarding electoral decisions.
In this last regular episode of our mini-series about the road to selecting a president, we are joined by David Fontana of GW Law to talk about the Vice President. What role does the Constitution give the Vice President in counting electoral votes? And can this be manipulated?