What Really Happens in a Challenged Election

by David W. Tollen and guest contributor Robert W. Tollen

Many commentators assume the new House of Representatives would choose the President after a challenged election — with each state’s delegation casting a single vote. Others say the Supreme Court would decide. Each scenario gives Republicans an advantage, since they’ll probably control more state delegations, despite their overall minority in the House, and they appointed most of the Justices. But in fact, neither scenario is likely, and the commentators focused on them misunderstand the law. State governments resolve disputes about their voters’ presidential electors, under state law. And the new Congress rules on challenges to those decisions in the normal way, with each house voting by simple majority.

The Unlikely Case of a Tie or Plurality in the Electoral College

When does the House of Representatives choose the President, voting by state? Only when no candidate gets a majority of the electors, per the rules in the Twelfth Amendment.

The electors tied in 1824, so the House decided.
In 1824, the House chose the President because, with three major candidates, no one had earned a majority of electors. That had never happened and hasn’t since.

Continue reading “What Really Happens in a Challenged Election”

America Has No Guarantee of Freedom

In a second term, the ballot box would no longer restrict Trump. So we can expect:

  • Expanded use of the Department of Justice (DoJ) against the President’s opponents, including members of Congress.
  • More use of force against protesters.
  • Federal tolerance of crime against the President’s opponents (e.g., Michigan’s governor).
  • Refusal of federal disaster funds and other resources for blue states.
  • Further suppression of information on Covid-19’s nationwide impact.
  • Prompt firing of senior officials and federal prosecutors who try to restrain the President.
  • White House orders blocking DoJ prosecution of the President’s allies.
  • More separation of children from immigrant parents.
  • Withdrawal of federal resources aimed at curbing White supremacists.
  • Federal support for attacks on the voting process, particularly in swing states, probably leading to “disqualification” of large numbers of ballots and voters in 2022 and 2024.

Continue reading “America Has No Guarantee of Freedom”

King George III: The Abdication that Never Happened

George III was Britain’s king during the American Revolution. The Declaration of Independence called him, “A Prince whose character is … marked by every act which may define a Tyrant.” But recent research has revealed a surprise about the king — one that hardly smacks of tyranny. In 1783, as the Revolutionary War drew to a close, George III almost abdicated—as revealed by a draft abdication speech in his own hand, recently discovered. The king’s speech blames the loss of the colonies on selfish partisanship within Britain. (Apparently, little has changed in the U.K. or in its former colonies.) King George also concluded that he had nothing left to offer. “A long Experience … has gradually prepared My mind to expect the time when I should be no longer of Utility to this Empire; that hour is now come; I am therefore resolved to resign My Crown and all the Dominions appertaining to it to the Prince of Wales my Eldest Son and Lawful Successor and to retire to the care of My Electoral Dominions the Original Patrimony of my Ancestors.” (The last point means he planned to move to his family’s duchy in Germany.) Continue reading “King George III: The Abdication that Never Happened”

Police History: Constable vs. Paramilitary

Calls to abolish or massively reform America’s police sound new and radical. Yet history offers a very old model for those reforms: an alternative to our current military style of policing. In the world of the Founding Fathers, civilian constables enforced the law. They had done so for 150 years in the American colonies — and for longer in England. And they would continue well into the 19th Century.

police history: a constable or beadle
An English constable (technically, a beadle)

Continue reading “Police History: Constable vs. Paramilitary”

This Week in History: Althing

This week in 930 CE, the chieftains of Iceland established the Althing, which remains the country’s parliament. It’s the world’s oldest surviving legislature. Northmen (sometimes called Vikings) had arrived on the island about 60 years before, and now they set about to govern themselves – meeting outdoors at a place called Thingvellir, which means “assembly fields,” near modern-day Reykjavik.

Continue reading “This Week in History: Althing”

This Week in History: the Ashmolean Museum

This week in 1683, the Ashmolean Museum of Art and Archaeology opened in Oxford. It was the world’s first university museum and was named after Elias Ashmole, who in 1677 had given Oxford University what became the museum’s first collection. Construction also began in 1677. The current museum building was finished in 1845.

Ashmolean Museum

Continue reading “This Week in History: the Ashmolean Museum”

This week in history: Kublai Khan

This week in 1260, Kublai Khan became ruler of the Mongol Empire. Grandson to the great Genghis Khan, the empire’s founder, Kublai was the fifth Khagan, or Great Khan. He succeeded to the throne after the death of his eldest brother, Mongke. The latter died in 1259 without naming a successor, and almost immediately Kublai’s younger brother, Ariq Boke, held a Mongol great council and had himself named Khagan. But Kublai then held his own great council, which declared him Khagan, and went to war against Ariq Boke. The Mongol civil war that lasted four years, and of course Kublai won. Continue reading “This week in history: Kublai Khan”