Charlotte, NC — Today is a big day for America. While it remains unclear just how big of a day it will really be, Congress will assemble at 1 p.m. and soon after, the unknowns will all be answered. January 6, 2021 could be a day that lives on for many years for multiple reasons.
The first situation is the obvious one. It’s entirely possible that Congress votes to certify the Electoral College votes and America simply goes on their way. Sure, there are those in Congress that will appeal the votes, but it appears those challenges will be futile.
The Democrats control the majority of the House of Representatives and it’s clear they will support Joe Biden. Republicans are divided in their stance as well, without any chance of forming a majority to win the challenge at all.
If we simply stopped there, it would be disheartening for many conservatives. It does appear that there is one alternative, however.
I have said before that Vice President Mike Pence could be the nuclear option for President Trump. The mainstream media has argued that Pence wants out. Some reports were that Pence may not even be present the day of the count. Official statements told a different story.
The entire situation revolves around the Constitution, the twelfth amendment, and the Electoral Count Act of 1887.
The Constitution is clear in Article 2 Section 1 as to the number of electors, the transmission of the electoral votes, as well as the Vice President Presiding over the vote. The law came fire in the 1796 and 1800 elections. Before the 12th amendment, electoral votes were cast for all candidates with the top vote winning President and second place winning Vice President.
In 1796, John Adams and Thomas Jefferson served as President and Vice President, while both were from opposing parties. In 1800, Jefferson and his running mate Aaron Burr, both won the exact same number of electoral votes. The 12th amendment soon followed.
The 12th Amendment set up the parameters of what would happen if no one won a majority of the Electoral College. This is where the discussion about the vote going to the states comes into play. If there was not a winner of the majority of votes, then the vote goes to the House of Representatives. Each state would receive one vote with two-thirds of the states being present to be a valid vote. President Trump would most likely win this type of voting scenario.
The challenge comes back to the Electoral Count Act of 1887. After a divided election that took weeks to resolve in 1876, the law was passed for how the Electoral votes should be counted. Under this law is where the conversation about opposing the certification comes. As described above, in this scenario, Joe Biden is easily given presidency.
The Electoral Count Act was not a constitutional amendment that was ratified by Congress. When the initial change happened to Electoral College process in 1804, it was ratified as an amendment. In 1887, they determined to pass it as a law, but the Constitution is the document that guides elections.
If Pence were to disregard disputed Electoral College Votes, it would send the vote to the House and the presidency to Donald Trump. The question is what will Mike Pence do?
Many have said this is the ultimate loyalty test. Mike Pence has been a loyal sidekick to President Trump for many years. There is nothing to indicate that he would not be faithful now.
On the other hand, the legal challenges to such actions leave an unknown as to what would be the outcome. Would the Supreme Court rule in favor of Trump? That’s what he is counting on. Except the court has delivered several defeats for him in recent months regarding the election fraud cases.
If the matter were defeated, moving to reject votes by Pence would end his career and lead to calls for prosecution by Democrats. Of course, allowing the vote to go forward will most likely lead to the same calls as Democrats have suggested they will target both Trump and Pence with criminal charges for their time in office.
This day has the makings of a big day in the history of our country. Either it will be one of the most disappointing days ever for conservatives, and perhaps mark the death of conservatism. Or perhaps, it could be the start of a revolution like we could have never imagined. Either way, today is a big day for America.
JD Washington is the Editor-in-Chief at The Liberty Loft and host of The JD Washington Show. Be sure to subscribe to The Liberty Loft’s daily newsletter. If you enjoy our content, please consider donating to support The Liberty Loft so we can continue to deliver great content.