Tuesday, July 13, 2004

Bush to screw with elections

Election postponement does not necessarily violate the Constitution. The Constitution has no guarantee for a presidential vote, because it is presidential electors, and not the general population that selects the president. The first Tuesday after the first Monday in November was selected as the date (for various reasons) in 1845 for actually selecting the electors who vote for President. The method for Electors to select the President and Vice President are set down in the 12th Amendment.

The only limitations in the Constitution is the term (4 years set in Article II, Section 1, Clause 1). Article II, Section 1, Clause 4 states that Congress determines the time of choosing the Electors. The time of selecting Senators and Representatives are prescribed by the Legislature of each State (Article 1, Sec 3, Clause 7).

Certainly, a Constitutional crisis would occur if Bush held office beyond January 20th, 2005, but there is NOTHING in the constitution which gives you or I the right to select the President. If Bush decided to postpone the elections, constitutionally there is no recourse. Given that the White House doesn't feel particularly compelled to actually follow law when set down, I have no doubts that they'll use a heightened terror alert (Ernie or even Elmo) as an excuse to hold off elections. The FUD generated by that event will almost certainly earn Bush the White House for another 4 years.

I'm taking bets now that the elections DO NOT OCCUR on the first Tuesday after the first Monday this year. Pro: me, con: you. The bet is one luxury caffeinated beverage. Any takers?

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