The constitutional case against an electoral commission

Harold Pease Ph.D.
Harold Pease, Ph.D.
Harold W. Pease, Ph. D. Special to Anza Valley Outlook Some senators, notably Ted Cruz, seek to reinstate an Electoral Commission to resolve the contested electoral vote of the states forwarding two slates, one Democrat and one Republican, to the president of the Senate as required by the Constitution. This process happened in the contested presidential race of 1876 between Democrat Samuel J. Tilden, needing a single electoral vote to win, and Republican Rutherford B. Hayes, needing 20. The commission of eight Republicans and seven Democrats, ruling on party lines, gave the election to Hayes. Unfortunately, the commission solution is not in the Constitution, then or now, and in fact displaces what is. It denies the president of the Senate his constitutional role to reject multiple
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