Two liberal attorneys asserted Thursday that Congress can still hinder President-elect Donald Trump from assuming office and appoint Vice President Kamala Harris instead if they act swiftly.
Congress has the authority to dismiss electoral votes when they convene to certify them on Jan. 6 because Trump is ineligible for office under the 14th Amendment, which bars anyone who has taken an oath to uphold the Constitution and then “engaged in insurrection” from holding office, attorneys Evan Davis and David Schulte stated in a column for The Hill.
“The improbability of congressional Republicans taking any action that might result in Harris becoming president is apparent,” the attorneys wrote. “However, Democrats must oppose Electoral College votes for an individual disqualified by the Constitution from holding office until this disability is lifted. Their oath to uphold and defend the Constitution demands no less. ”
Legislators possess valid reasons to contest the vote if electors were “not lawfully certified” or if the vote was “not regularly given,” they assert.
“A vote for a candidate disqualified by the Constitution clearly aligns with the typical meaning of the phrase ‘not regularly given,’” the attorneys contended, noting that disqualification for insurrection is “no different from disqualification based on other constitutional criteria such as age, citizenship by birth, and 14 years of residency in the United States. ”
“To lodge an objection under the Count Act necessitates a petition signed by 20 percent of the members of each House,” they added. “If the objection is upheld by a majority vote in both houses, the vote is disregarded, and the required number of votes for election is decreased by the number of disqualified votes. If all votes for Trump were disregarded, Kamala Harris would be declared president. ”
The Supreme Court denied Colorado’s effort to exclude Trump from the state’s 2024 ballot in February. The majority determined that Congress needs to enact legislation to apply Section 3 of the 14th Amendment.
Colorado was among several states that sought to remove Trump from the ballot early in the election process.
Several prominent Democrats informed Politico on Thursday that they do not plan to challenge Trump’s victory.
“I envision a fairly standard transition, and I believe we will honor the will of the American people … in contrast to the events of January 6, 2021,” Democratic New York Rep. Joe Morelle stated to Politico.
Even Democrats who opposed Trump’s electors in 2017 have indicated they will not repeat this action this year, according to Politico.
