Pence or pelosi?
Pence or pelosi?

In 1801, the House of Representatives had to choose between Thomas Jefferson and John Adams in a contingent election. Images: Public domain

What U.S. constitutional law provides in the event of an inconclusive election

Three days after the U.S. presidential election, Donald Trump’s lawyers have filed complaints in the states of Wisconsin, Michigan, Pennsylvania, Nevada, Arizona and Georgia. The courts had to hear these appeals by 8 a.m. at the latest. December have decided. That’s the day states must name the electors they will send to the electoral college, which will meet on 14. December is to elect the president.

Contingent election

It is not certain, however, whether the appeals process will have been completed to the point where all states will have agreed on electoral mandates according to the results of the elections. If there is no electoral college, the House of Representatives decides on the new president. There is also no final clarity yet on its new composition. According to the current tally, Republicans did gain at least eleven seats there and cruised in nine of the 18 remaining open races – but in order to overturn the Democratic majority, they needed to capture three more constituencies.

In the election of a president by the House of Representatives (as occurred in the past in 1801, 1825 and 1837), however, it is not the regular majority there that decides, but a special one: the "Contingent majority". Then each state has only one vote. And because the current (and likely future) regular Democratic majority in the House of Representatives comes primarily through the numerous representatives from populous states like California, the contingent majority would very likely be in the hands of the Republicans, who set the tone through the representatives of at least 26 states.

Vice President

This could have led to the House of Representatives electing Donald Trump as president in January. A prerequisite for this is that the representatives of Republican-dominated states there actually vote for the Republican presidential candidate. Given the antagonism between him and parts of the Republican establishment, that’s not safe. If Republicans in the House of Representatives decide against him, Joseph Biden will become President. There is no evidence that a contingent majority decided in favor of Jo Jorgensen of the Libertarian Party, who theoretically could still have come in third.

Speaker of the House of Representatives Nancy Pelosi became a commissioner president under the Presidential Succession Act of 1947 only if by 20. In the event that neither the House of Representatives nor the Senate could agree on a vice-president on January 1, the majority would probably be in the hands of the Republicans. The latter can be chosen by the Senate (which, according to the current payout, is likely to remain in Republican hands) in a contingent election from the two vice-presidential candidates with the most votes. That is why a Joseph Biden elected by the House of Representatives, whose health is deteriorating, could be replaced not by Kamala Harris, but by Mike Pence. And it could be that this Mike Pence becomes president without this detour, if one agrees in the Senate, but not in the House of Representatives.



Parlamente in den Bundesstaaten

Another conceivable scenario is that the legislatures in states such as Wisconsin, Michigan and Pennsylvania, because of reports of manipulation, statistical anomalies and obstruction of voters and election observers (which also exist beyond bizarre conspiracy theories), conclude that there is no clear-cut election result, and the electoral officials on the 8. December self-determine.

If there is no agreement on parity (as there is in Maine and Nebraska), it is very likely that the voters will vote for Donald Trump. In all three states, the Republicans (who sit on the 3. November by about 100 seats), namely majorities in the parliaments.

Supreme Court

If they do that, their decision will probably end up in the Supreme Court. There, the judges’ political orientation could play less of a role in their decision (i.e., whether they are considered conservative" or "progressive" progressive), but rather which school of law they adhere to. Two of Donald Trump’s three judicial nominees, Brett Kavanaugh and Amy Coney Barrett, are declared "Originalists"They try to interpret as little as possible into the treaty, but to take as law only what is actually written there.

And with regard to the determination of the electors in the Electoral College, there is no provision there for determination by the state parliaments (as is the case in the 19. The following prohibits the broadcasting of cultural events from the twentieth century. Article 2, Section 1 merely states: "Each State shall designate, in the manner prescribed by its legislative body, a number of electors equal to the total number of Senators and Representatives to which the State is entitled in Congress; provided, however, that no Senator or Representative, or person holding a salaried or honorary office in the service of the United States, shall be appointed elector."