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A Trump - Harris Administration is Possible after January 6th

Justin Haggerty | The Daily Knight

President Donald J. Trump and Senator Kamala Harris

While many platforms are discussing the Trump Administration and GOP's plan to challenge the 2020 electoral votes in the joint session of congress on January 6th, there has been little to no mention of the possibility of a Trump - Harris administration through the 12th Amendment.


RELATED ARTICLE: Jan 6th Joint Session and a Contingent Election - Constitutional Requirements & Procedures


RELATED ARTICLE: Jan 6th Joint Session and a Contingent Election - History of the 12th Amendment


Roughly 140 U.S. Representatives and 12 U.S. Senators, some of whom have yet to be sworn in, have publicly announced their commitment to contest the election results, stating evidence of rampant voter fraud, interference, and failure to adhere to state election laws. This number is likely to grow if the DNI report on election interference is released before January 6th, and when electoral votes are brought to a floor vote for certification.


Furthermore, the electors of seven states [Georgia, Pennsylvania, Michigan, Wisconsin, Arizona, Nevada, and New Mexico] sent dueling votes to congress. In the joint session on Jan. 6th., senators and representatives will have to vote on which electoral votes to accept.


If neither candidate is able to reach 270 electoral votes, the election will automatically be ruled contingent by the President of the Senate (Vice President Mike Pence) and head to a vote in accordance with the 12th Amendment. Assuming that the Republicans can hold onto both senate seats in Georgia, this scenario would be the best scenario for the Trump Administration to challenge the election fraud and secure four more years in the White House.


In an event that the GOP fails to effectively challenge the electoral votes and Joe Biden's path to 270 is probable, the House and Senate would have to vote to establish a quorum under the 12th Amendment and declare the election contingent. Although the Democrats have control of the House, Republicans have a much higher chance to establish a quorum in the House than the Senate.


The 12th Amendment states that, in the House, “a quorum for this purpose [contingent election of the President] shall consist of a member or members from two thirds of the states.... ” In the contemporary context, this would require one or more Representatives from 34 of the 50 states. Considering the 140 U.S. Representatives that have publicly committed to challenge the results, the Republicans have the votes to establish a quorum and force a vote for the President.


Republicans have a much higher mountain to climb in the Senate. To conduct the election under the 12th Amendment, the Senate requires two-thirds of the whole number of Senators (67 of 100 at present, assuming there are no vacancies) to establish a quorum. As stated before, assuming that the Republicans hold onto the two seats in Georgia, the highest votes that they could whip together is 55, and that is including Vice President Mike Pence and possibly two Democrats.


The ball would stop there in the Senate, which would then certify Kamala Harris as the 49th Vice President of the United States.


Republicans control the majority in 30 state delegations in the House, which stands as a major proponent to rectify an election riddled with fraud, interference, and violation of state election laws. By the 12th Amendment, each state delegation votes internally, sending one vote for the President of the United States, which will likely re-elect Donald J. Trump.


The 12th Amendment will likely play a role on January 6th and help the Republic protect the integrity of the electoral process and the voice of the American voter. If the Republicans can effectively challenge the electoral votes, this will be the fourth time in United States history that congress elected the President or Vice President. In this scenario, although a slim one, President Donald J. Trump and a "Vice President" Kamala Harris would be sworn in on Inauguration Day, January 20th.


That conundrum would need another article to address.



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