Categories
Uncategorized

What’s the worst that could happen if there is no Speaker? Well, we might not have a President for two months

Ha ha!  Funny!  Look at the Republicans in disarray who can’t settle on a Speaker of the House with the majority they hold in the House by their fingernails.  We as liberals enjoy the self-inflicted wounds of the opposition.  But imagine if this fuckery happened two years ago, or two years from now when–three days after the new House should open on January 3rd–the entire Congress is supposed to meet to certify the Electoral College count.

Without a Speaker, the members of the House cannot be sworn in, so technically, Congress–or at least the House–will not exist.  The building will still be there, but the body itself will cease to be.  It will become an un-Congress. The House chamber will resemble Donald Trump’s soul or Alex Jones’s future bank account:  empty.  There will literally be no House.

Pretend the recent New Year was to celebrate 2025, not 2023, and the new Republican majority in this timeline still cannot agree on a Speaker because a score of their caucus stomp their feet and have a temper tantrum.  According to law (3 U.S. Code § 15), Congress must hold a joint session on January 6th after a presidential election to certify the Electoral College votes.  But what happens if there is no House?

First, a big caveat:  this is all untrod territory.  This scenario has never happened even during chaotic transitions, so this is all speculation, and there are a lot of conflicting opinions–even in the law and in the Constitution–about how things get down when there’s a breakdown of the Legislative branch.

A few things we need to clarify, and they’re all typically minutia… until they’re not.  Technically, the House certifies the Electoral College vote for President, and the Senate certifies the Electoral College vote for Vice President.  If the House doesn’t meet, the Senate can technically still certify the election of the Vice President.

Something I was rather shocked to discover:  the 12th Amendment to the Constitution says that if the House cannot agree on the certification of a new President, the Vice President certified by the Senate becomes President automatically on March 4th, just as if the President died in office.  So in the very worst circumstance, the Senate can seat a Vice President who would serve as a President pro tem if the House isn’t seated, and who would ascend to the Presidency on March 4th.

Or maybe not.  According to the 20th Amendment, the Vice President serves until the President “shall have qualified.”  There is no established endpoint at which the Vice President becomes the actual President, so the qualification process could go on forever.  For the 20th Amendment’s input, the House continues to vote for a President-elect until a winner is declared and the Vice President is in some sort of Executive branch purgatory, between the Oval Office and the OEOB.

Here’s the thing, though:  in all the research, I’ve not found a single thing that outlines what happens if the House cannot meet.  As mentioned above, the joint session of Congress during which the Electoral College results are certified is set by statute for January 6th.  It’s not a Constitutional mandate. Congress has voted to change the date on a year-to-year basis, specifically when January 6th falls on a Sunday.

Changing the date, however, requires the previous Congress to pass a law to temporarily (or even permanently) change the date of the joint session… but that means the previous Congress could foresee such a clusterfuck as the current Republican clusterfuck at such an early stage that it could pass legislation through both chambers.  Obviously, that option isn’t feasible in the current situation.

Congress could pass legislation that says the joint session must happen three days after Congress gets sworn in, legislation that should a failsafe if the House isn’t in session by January 20th, the inauguration date that actually is specified in the Constitution in the 20th Amendment.

Congress could also pass a law that the first session of the House can be called by an outside third party from a different branch, as the Vice President suspends her duties in the Executive Branch to undertake her role as the President of the Senate.  Perhaps the Chief Justice could be assigned to formally open the first session of a new Congress, thereby ensuring the members are in place even if leadership isn’t.  Because the Vice President presides over the Electoral College certification, a Speaker doesn’t need to be seated except for purely ceremonial duties of welcoming people to the chamber which can be dismissed.

The issues here are both trivial and non-trivial:  trivial because such a scenario isn’t likely to happen, but non-trivial in that there’s a non-zero possibility of it happening, and now an even bigger chance because some Republicans simply want to through our country into any Constitutional crisis they can.   Imagine if this had happened January 3, 2021.  What hell would have happened on the House floor on January 6th?

There may be a solution to this already that some deep-in-the-stacks Constitutional scholars (not named John Eastman) have conferred on, but it’s not something most people–even people deep in politics–have no idea about.  Given that no one knows what it is, such a circumstance will lead to worse chaos than January 6th.

Counterpoint by Spartan: Jack raises a hell of a potential problem here and one definitely deep into “Constitutional crisis” territory, especially if it would come after a contentious presidential election like the one we had in 2020 (Luckily House Democrats hung on that year despite significant gains by Republicans in districts that had swung toward blue in 2018, so Nancy had both years buttoned up).

Just a few hours ago CBS News Congressional reporter Scott MacFarlane, National Zero’s best friend even though he doesn’t know we exist, pointed out this ongoing pattern of odd-numbered-year January clusterfucks proudly brought to you by the MAGA Republican Party:

Somebody, somewhere, a lot smarter than me has definitely written some version of this before, but here goes anyway – Congress tends to move faster and more decisively on fixing shit when it affects them personally. In 2019 when the fat bastard Trump’s wall tantrum shutdown started to cause flight delays because TSA agents weren’t getting paid for 35 days, they got the government funded again real quickly. In 2022, a year after they got stuck in the Capitol for 18 hours (which was going to happen whether or not tens of thousands of MAGA terrorists interrupted it by trying to kill them), they made sure a protracted electoral vote count was never going to happen again.

My point is that we don’t have to worry about there not being a House during the next electoral vote count because this is going to be the last ever Speaker election that is determined by a majority. Once this is finally said and done one way or another, Democrats and enough Republicans are going to work together to change the House rules to allow for a plurality candidate to win the Speakership. I’m not sure sure, but I’m pretty fucking sure that is going to happen now that they’ve wasted one day and God knows how many more days going forward without getting themselves sworn in and going to work (or “work,” like Hunter’s laptop investigating-type “work”).

The majority of votes requirement isn’t in the Constitution, it’ll just require a majority of House members who didn’t like sitting there for hours with their goddamned families there watching and waiting for them to get sworn in only for nothing to happen. Don’t expect it to happen this Speaker election given the current dynamics (despite what a handful of Freedom Caucasians say). But it’s going to happen and January 3, 2025 will see a different one.

Created by potrace 1.16, written by Peter Selinger 2001-2019

New York Post reports Trump to completely defeat Tren de Aragua gang but then the daydream ended and a cold reality sank in

26 mins ago

MAGA Senators still fine-tuning Hegseth defenses

5 hours ago

NASA developing phone-sized aquatic probes to explore Europa

6 hours ago

Venezuelan forces lay siege to Argentinian embassy in Caracas

18 hours ago

Fox News reports wokeness ruining country music industry

1 day ago

Philippines Vice President Sara Duterte says she’s ordered assassin to kill President Ferdinand Marcos immediately if/when she is killed

1 day ago

Random thoughts Friday, Volume CCI

2 days ago

Hungarian Nazi enthusiast named to National Security post

2 days ago

We’re gonna miss him when he’s gone

2 days ago

Hedge fund manager going to play with a lot more people’s money

2 days ago

Maine Republican declared winner of election for state seat by one vote after being arrested for choking wife in October

2 days ago

Canadian Clustertruck captain convicted

2 days ago

Top German conservative activist dies at 96

2 days ago

Guy who can’t get webcasts to work interested in buying MSNBC

2 days ago

Texas Supreme Court gets Ken Paxton out of a jam

2 days ago

Matt Gaetz says he won’t be back in Congress on January 3rd

2 days ago

Judge Merchan indefinitely postpones Trump sentencing

2 days ago

Mike Rogers not under consideration for FBI chief: Trump minion

2 days ago

MAGA Land urges children to sacrifice new toys for America First

2 days ago

Tucker says he told Johnson to “check with Putin” on Ukraine aid

2 days ago

Team Orange “blindsided” by Hegseth rape accusation

2 days ago

Convicted California pedophile faces 740 years to life in prison

3 days ago

New York man actually laser eye-memes fucking Kevin McCarthy

3 days ago

“He was doing very well but, at the same time, did not want to be a distraction for the Administration”: Trump on Gaetz withdrawal

3 days ago

Matt Gaetz pulls out before things got even more messy

3 days ago

Republicans don’t actually know how mass deportation will work

3 days ago

MAGA propagandists put on nominee defense duty

3 days ago

Barrasso comes out in support of Pete Hegseth

3 days ago

Allegation: Hegseth drugged, sexually assaulted woman

3 days ago

ICC issues arrest warrant for Netanyahu

3 days ago

Bobby Jr agreed that Trump fans are “Nazis” back in 2016

3 days ago

Florida man arrested for planning to bomb Wall Street

4 days ago

Out of control inflation: banana sells for $5 million

4 days ago

House Republicans lining up to sink Gaetz nomination

4 days ago

Not The Onion: Alex Jones sues Sandy Hook families, The Onion

4 days ago

Capitol rioter convicted of plotting to murder FBI agents

4 days ago

House Ethics fails to agree to release Gaetz investigation report

4 days ago

Elon Musk got a lot done today

4 days ago

Orange Pharaoh rages over pushback to his shitty picks

4 days ago

Laken Riley’s killer convicted

4 days ago

Bald asshole former acting AG gets NATO ambassador nod

4 days ago

Grindr user “SenatorPartySlut1776” complies with blackmail terms

4 days ago

Freeman and Moss ask judge to hold Rudy in contempt

4 days ago

Jaydee stuck trying to sell Senate GOP on Gaetz

4 days ago

Surprise! Bobby Jr bought into “plandemic” shit in 2020

4 days ago

Walmart CFO says they’re getting ready to jack up prices

4 days ago

US Embassy in Kyiv shuts down over anticipated Russian attack

4 days ago

AG-designate Gaetz helped pay $10K in tuition for two underprivileged sex workers, Committee investigation found

5 days ago

Wrestling executive to head US Education Department

5 days ago

Guy accused of battery who cheated on wife once wrote of one’s “moral responsibility” while at Ivy League. (No, the other guy)

5 days ago

x
x
x
x
x
x