The Fallout of Trump’s Failed Efforts to Overturn Biden’s Victory: Constitutional Mechanisms and Congress’s Role
Following the 2020 general election, tensions reached a peak with former President Trump's relentless efforts to overturn Joe Biden's victory. Central to these efforts was the idea of Congress refusing to certify the electoral votes, a scenario that now seems increasingly unlikely. This article explores the constitutional mechanisms and roles of Congress in certifying electoral votes, making it clear that the path to a potential second term for Trump, scheduled for January 20, 2025, is highly improbable.
Understanding the Electoral College and Congressional Certification Process
The electoral votes are ultimately the deciding factor in United States presidential elections, determined by the Electoral College votes. Once these votes are cast by state electors, the focus shifts to Congress for a formal certification process. This process, while technically a formality, holds significant implications for the transition of power. Congress has no role in the actual voting as that is completed by the states. Instead, Congress serves as a witness and mediator for any objections that may arise.
As of now, the belief among electoral college delegates is that they will follow through with the votes they pledged to cast. According to the Constitution, if the electoral college does not complete their vote or if no candidate reaches 270 votes (a majority), Congress determines the president. In the case of a full and completed electoral college vote, there is no constitutional framework for a congressional vote to override the outcome.
A Key Date in the Certifying Process
A significant date in this process is December 14, 2020, known as ldquo;the safe harbor date.rdquo; If Congress fails to complete their certification by this date, or if there are substantial obstacles that prevent the electoral vote count, the presidential term of the incoming administration would end, and the Speaker of the House would become acting president until Congress can finalize the certification.
Roles of Congress and the Certificate Process
On January 6, 2021, Congress meets to count the electoral votes. This is a crucial event where each chamber of Congress (the House and the Senate) can challenge the results if they have concerns. The primary responsibility of Congress is to ascertain and declare the results of the electoral vote count. The actual casting of votes by the electoral college has already taken place, and there is no provision for a new vote.
The process follows specific steps:
Counting the votes to ensure the physical documents are genuine electoral votes from actual electors. Declarations of the vote totals for each candidate. Resolving any objections that may arise from either chamber. Announcing the final winner of the election.While the final certification is a formality, it is vital for the legal and political standing of the electoral outcome. If Congress fails to complete their task, Trumprsquo;s term will still end on January 20, 2021, and Vice President-elect Kamala Harris will be sworn in as the new Vice President, with the Speaker of the House acting as President until the certification is complete.
Consequences and Legal Implications
Given that the electoral college has already completed its vote, any attempt by Congress to overturn the results would be constitutionally invalid. The only avenue for dispute is through formal objections and subsequent votes by both chambers. However, for this process to occur, there would need to be substantial evidence of irregularities, which is highly improbable under the current circumstances.
In conclusion, the path to a constitutional challenge of the 2020 election results through Congress is an uphill battle. The completion of the electoral vote count and the subsequent certification process by Congress are stipulated by the Constitution, and any deviation from this process would be met with legal and political resistance, ultimately ensuring a smooth transition of power.