Constitutional lawyer explains Pelosi will NOT become president on 1-20

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Several prominent people have said that if the Senate cannot count votes by January 20th, the Speaker of the House becomes Acting President of the United States. A constitutional attorney says that is not the case — IT CANNOT BE THE CASE.

Constitutional attorney Krisanne Hall says that if it happened, it would only happen by ignoring the Constitution.

It’s claim that we must somehow immediately go to the 20th Amendment [which outlines the law of succession]. She notes that the President is not elected by the popular vote, but by the Electors of the states. So, we concentrate on Electors.

Our Founders considered the possibility of not having a decision by January 20th. We don’t need a member of Congress to become president in this event because what they’ll do is ‘delay, delay, delay.’ It could end in a situation where Congress could delay an announcement of President so a member of Congress, possibly the Speaker, becomes President indefinitely. You can’t let someone take over if they are chosen by a political process or they could stay indefinitely to carry out a political agenda.

It becomes a nonviolent coup, taking the choice out of the hands of the states (electors).

The popular vote already disenfranchises some states.

THE SPEAKER WON’T BECOME PRESIDENT

The idea of putting Speaker Pelosi in control of the presidency is the ultimate disenfranchisement. She could delay endlessly and carry out her agenda unimposed. If we follow the constitution for electing the President, Nancy Pelosi will never become President.

Our Founders warned us do not do that!

The narrative that Speaker Pelosi becomes President if there is a delay is false. The only effect in the case of a delay would be a temporary suspension of some powers in the Executive and there would be a temporary dissolution of legislation.

At worst, Congress would not be able to pass laws for a while even if an emergency election is necessary — that could take a year.

Creating a replacement of the President that is the function of politics and not the election is the extinguishment of the Constitution. You CANNOT ALLOW someone who is politically elected to become President just because all votes are not counted.

Electors will decide who is president.

If the electors don’t send in their votes, they will get a demand to submit. If they don’t do it, then their electors won’t be counted. The counting cannot be delayed without a law signed by the President. The deadline is January 6.

There’s more — well worth watching.

Watch and find out what happens if the votes are not decided:


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Dr. Patrick Rodgers
Dr. Patrick Rodgers
2 years ago

President Trump would never step aside and allow Nancy Pelosi to take the reins as President. If the fraudulent vote law suits have not been settled before January 20, I would expect President Trump to refuse to acknowledge Biden as President and decline to step down. Ultimately, the Supreme court may have to rule on who the President will be. Good thing we now have a solid 5 votes on the Court.

IANAL but
IANAL but
2 years ago

“It could end in a situation where Congress could delay an announcement of President so a member of Congress, possibly the Speaker, becomes President indefinitely.”
“You CANNOT ALLOW someone who is politically elected to become President just because all votes are not counted.”

I think I posted it before: many (perhaps most) constitutional scholars think having the Speaker and Senate president pro tempore in the line of succession is prima facie unconstitutional (despite Congress enacting such succession acts in both 1792 and 1947), since they are not properly “Officers” as specified in the Constitution. The above quotation essentially argues that case, from a political angle. Yet another mess that no one would want to untangle judicially when the stakes are high – but likely to emerge if a Congress ever inveigled a Electoral College slow-down for political purposes.

buddylea
buddylea
2 years ago

just to be on the safe side, please DO NOT re-elect pelosi back into congress.

Dr. Patrick Rodgers
Dr. Patrick Rodgers
2 years ago
Reply to  buddylea

Surely you jest. Voters in the People’s Republic of Kalifornia love Pelosi and would keep voting for even if she were in prison (Not a bad idea).

jpacord
2 years ago

Pelosi will have her thugs storm the White House and impose her interpretation of the Constitution. Pelosi will not and cannot accept a Trump victory. It will be endlessly challenged and civil war will erupt.

Dr. Patrick Rodgers
Dr. Patrick Rodgers
2 years ago
Reply to  jpacord

No one would dare storm the White House, They wouldn’t get 50 feet before being taken out by Secret Service snipers. Pelosi will be lucky to hold onto her Speakers position and she has limited power as to anything she can do. When the President gets through this election fraud and is declared winner, I believe he will come down on the radical George Soros Anarchists with an Iron Fist. There will be no Civil War, unless of course Sleepy Joe manages to steal the election. Then all bets are off the table.

Gangus Khan
Gangus Khan
2 years ago

Thanks for stating the obvious to all who have a modicum of common sense!