Reply #82: This is why non-lawyers aren't allow to practice law.......... [View All]

[Truman01]

"The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed. . ."

Majority is the greatest number of votes of the whole number of Electors appointed. If Ohio dismissed their slate they would not be included in that number and therefore 266 would be a MAJORITY. If you need more evidence read the next line:

"and if there be more than one who have such Majority, and have an equal Number of Votes. . ." How can two people have a majority if majority means more than 270 votes? They can't. If two people have a majority of the electors appointed and are tied, then it goes to the house.

The problem here is we start with the conclusion we want and then bend the facts or law to fit what we want it to say.

TC

Entire Article below:


From Article II, Section 1 of the US Constitution.

Clause 3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. (See Note 8)