Another Way To Elect A President: Jumping The Shark
Nov 3, 2020
auto_awesome
Prepare for a wild ride through outrageous electoral scenarios! Imagine the chaos if votes were tossed out en masse or if Congress just refused to count them. Delve into the legal quagmire surrounding ballot integrity and the complex challenges of mail-in voting. Explore the potential disruptions of the presidential election and the intricate roles of presidential electors. Unravel the influence of congressional dynamics on electoral processes. It's an eye-opening look at the fragility of democracy in today's political landscape!
The podcast explores extreme scenarios like late ballot invalidation, raising significant concerns about voter disenfranchisement versus maintaining electoral integrity.
Discussion of competing elector certificates underscores the fragility of the electoral process and highlights legal complexities surrounding state governance during elections.
Potential power plays, such as a boycott by Congress, reveal deeper constitutional challenges and the risks inherent in manipulating electoral procedures for partisan benefit.
Deep dives
Exploring Radical Ideas for Election Outcomes
The episode discusses various unconventional scenarios proposed to manipulate congressional election outcomes, referred to as 'jumping the shark' moments. These scenarios include extreme measures, such as invalidating entire classes of ballots or manipulating the electoral process for partisan gains. The concept stems from a metaphor about attempting desperate measures to regain lost popularity, analogous to a television show that resorts to absurdity to attract viewers. While these ideas are legally dubious, the discussion revolves around their potential political implications and the likelihood of such maneuvers influencing real electoral results.
Invalidating Ballots and Political Consequences
One scenario presented involves the invalidation of ballots that arrived late, which might cause chaos in the counting process, particularly in states like Pennsylvania. The conversation highlights the dilemma of throwing out potentially valid votes to avoid counting a few invalid votes and the political ramifications that could follow. The panel examines the balance between ensuring the integrity of the election and the disenfranchisement of voters, drawing parallels to historical legal principles. Ultimately, the discussion hinges on whether the political cost of invalidating large numbers of ballots would outweigh the perceived benefits for any party.
Disputed Certificates and Electoral Integrity
Another key point involves the complexities surrounding certificates of ascertainment for electors and the potential for disputes in Congress. The scenario suggests that if a state's governor is incapacitated during the election process, it may lead to questions about the legitimacy of the elector's certificate. This raises the possibility of competing slates of electors and how Congress would resolve such disputes if elected officials disagree. The dialogue emphasizes the fragility of the electoral system and the importance of clarity in the governance of electoral processes to prevent legality crises.
The Role of the Vice President in Electoral Counting
The function of the Vice President as the presiding officer during the electoral vote count adds layers of complexity, particularly in a scenario where political tensions rise. Should the Vice President unilaterally decide to open and count votes regardless of whether both houses are present, it could lead to significant constitutional questions. The podcast explores the implications of such actions on the electoral count and the potential for unprecedented political conflict. There is an implicit concern that this could lead to partisanship undermining the fundamental democratic processes.
The Hypothetical of Nancy Pelosi as Acting President
The episode contemplates a dramatic situation where Nancy Pelosi could seize power by orchestrating a boycott of the electoral count, which would leave Congress without a quorum. This extraordinary scenario suggests she could claim the presidency until a valid counting session occurs, posing significant constitutional questions about quorum requirements and presidential succession. The panel discusses historical precedents where legislative members have attempted to evade responsibilities, emphasizing the potential for political repercussions. Ultimately, this highlights the risk of exploiting loopholes in constitutional law to achieve political aims and the importance of good faith in governance.
In this last pre-election episode in our mini-series, we bat around a few outrageous scenarios. Will votes be tossed out en masse? Can the House just refuse to count any votes at all? Find out!
Remember Everything You Learn from Podcasts
Save insights instantly, chat with episodes, and build lasting knowledge - all powered by AI.
