The Vice President, including Kamala Harris, does not have the constitutional power to unilaterally refuse to certify the results of a presidential election. Let me explain based on the Constitution and historical information.
Relevant Sections of the Constitution:
Article II, Section 1, Clause 2: This clause outlines the process for electors to vote for President and Vice President. The electors' votes are then transmitted to Congress.
12th Amendment: The 12th Amendment is crucial here. It lays out the process for the counting of electoral votes. It states that the President of the Senate (which is the Vice President) "shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted." Importantly, this does not grant the Vice President the authority to reject or refuse to count votes. The Vice President's role is primarily ceremonial in this process.
Electoral Count Act of 1887: This law provides additional details on how Congress is to handle disputes over electoral votes. If there are objections to any state's electoral votes, members of Congress—not the Vice President—can raise those objections, and both the House and Senate must agree to sustain the objection. The Vice President has no power to decide the outcome of such disputes.
Historical Information:
The idea that the Vice President has the power to refuse to certify election results gained attention particularly after the 2020 presidential election. During the certification of electoral votes on January 6, 2021, then-Vice President Mike Pence made clear that he did not have the authority to refuse to count or alter the electoral votes, despite pressure to do so. Pence followed the constitutional process, and Congress ultimately certified the election results after dealing with objections raised by some members.
Court Cases:
There is no court case that has directly granted or affirmed the Vice President's power to refuse to certify election results. Actually, the consensus from legal scholars and historical precedents is that such a power does not exist. If the Vice President had such authority, it would give one individual the ability to overturn the democratic will of the electorate, which would contradict the principles of representative democracy and checks and balances laid out in the Constitution.
In summary, the Vice President’s role in certifying the election is strictly procedural and ceremonial. Kamala Harris cannot refuse to certify the election results according to the Constitution, historical practice, and relevant laws [1][3].
Sources
1 The United States Supreme Court Edited by Christopher Tomlins
2 On the Constitution of the United States by Joseph Story
3 U.S. Constitution for Everyone by Mort Green
4 The Making of America by W. Cleon Skousen
5 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde
In addition:
To provide further details on why Kamala Harris, or any Vice President, cannot refuse to certify election results, we can delve deeper into the constitutional framework, historical precedents, and legal interpretations.
Constitutional Framework:
As mentioned earlier, the 12th Amendment of the Constitution is central to understanding the Vice President's role in the certification of electoral votes. The language of the 12th Amendment is explicit in that the Vice President, acting as the President of the Senate, is responsible for opening the electoral votes in the presence of the Senate and the House of Representatives. However, it is crucial to note that the amendment does not empower the Vice President to evaluate, reject, or refuse the electoral votes. The phrase is clear: "The votes shall then be counted." This implies that the counting process is automatic, and the Vice President's role is largely ceremonial.
The Electoral Count Act of 1887 also plays a significant role in outlining how electoral votes are to be handled. This law was passed in response to the disputed 1876 election, where there was significant controversy over the validity of certain states' electoral votes. Under the Act, if there are objections to a particular state's electoral votes, members of Congress can raise those objections, and both the House and Senate must debate and vote on them. However, the Vice President does not have the authority to make final decisions regarding the validity of these votes [1].
Historical Precedents:
Historically, Vice Presidents have played a neutral, ceremonial role in the certification of election results. One of the most notable examples comes from the 2000 election, when Vice President Al Gore presided over the certification process despite having lost the election to George W. Bush. Gore, acting in accordance with the Constitution, certified the results even though there were objections raised by some members of Congress. This underscores the principled role of the Vice President as an impartial presider over the electoral count, regardless of personal interest or the outcome of the election [3].
More recently, during the certification of the 2020 election on January 6, 2021, Vice President Mike Pence faced considerable pressure to refuse to certify the electoral votes for Joe Biden. However, Pence correctly recognized that the Constitution did not grant him such power. In a letter to Congress, Pence stated that his role was purely ceremonial and that he did not have the unilateral authority to alter or reject the electoral votes. This was a clear affirmation of the constitutional limits on the Vice President's authority in this process [1].
Legal Interpretations:
Legal scholars and constitutional experts have consistently agreed that the Vice President’s role in counting electoral votes is a ministerial function with no discretionary power. There is no case law that supports the idea that the Vice President can refuse to certify election results. On the contrary, any attempt by the Vice President to refuse certification would likely be deemed unconstitutional, as it would violate the clear separation of powers and checks and balances established by the Constitution.
Moreover, the Electoral Count Act provides a structured process for addressing any disputes over electoral votes. If members of Congress believe that a state’s electoral votes were improperly counted or submitted, they are allowed to object. However, the final decision lies with both chambers of Congress, not the Vice President [5].
Conclusion:
In summary, the Vice President does not have the authority to refuse to certify election results. The Constitution, particularly the 12th Amendment, defines the Vice President’s role as purely procedural. Historical precedents, such as those set by Al Gore and Mike Pence, reaffirm this ceremonial role. Additionally, the Electoral Count Act of 1887 provides a legal framework for resolving disputes about electoral votes, involving both houses of Congress rather than granting unilateral power to the Vice President. Therefore, Kamala Harris, like any Vice President, is bound by these constitutional and legal guidelines and cannot refuse to certify the election [1][3][5].
Sources
1 The United States Supreme Court Edited by Christopher Tomlins
2 On the Constitution of the United States by Joseph Story
3 U.S. Constitution for Everyone by Mort Green
4 The Making of America by W. Cleon Skousen
5 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde
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