Breakdown:
- The ‘Little Secret’ at Madison Square Garden: Speculation and Hints
During a rally, former President Donald Trump hinted at a “little secret” between him and Speaker of the House Mike Johnson, implying it could significantly impact the election outcome. Johnson, who has a strong background in constitutional law, deflected when questioned, adding intrigue to their strategy. - Mike Johnson’s Constitutional Background and Electoral Strategy
As a former constitutional lawyer and a key player in the 2020 election disputes, Johnson brings a wealth of experience to his role. Notably, he previously spearheaded legal actions contesting Biden’s 2020 win and has been vocal about “fair” election certifications. This background indicates a potential strategy of scrutinizing state election procedures. - New Hurdles Under the Electoral Reform Act (ERA) of 2022
In response to 2020 controversies, Congress passed the ERA, which tightened the certification process for Electoral College votes. Now, governors are required to submit results by December 11, or a federal panel will step in. This move aims to limit disruptions or alternate electors, adding difficulty for anyone seeking to challenge results. - The Key Phrases: ‘Regularly Given’ and ‘Lawfully Certified’
On January 6, Congress traditionally asks whether the electoral votes were “regularly given” and “lawfully certified.” These terms are open to interpretation, allowing members to object if they feel there was fraud or procedural failure. If objections meet the required threshold, it could lead to votes being excluded from the 270 needed to win. - A Contingent Election: The Role of the 12th Amendment
If enough electoral votes are excluded, the election could enter a contingent process under the 12th Amendment. In this scenario, the House of Representatives selects the president on a one-state, one-vote basis, favoring the GOP due to current state delegations. Meanwhile, the Senate would choose the vice president, further complicating outcomes. - Implications of House Control and Speaker Succession
If a contingent election or prolonged dispute delays results beyond January 20, the Speaker of the House would serve as acting president. Currently, that would be Mike Johnson, but a shift in House control could hand the role to Hakeem Jeffries. This high-stakes scenario places additional pressure on both parties in the upcoming congressional elections. - Legal Preparations on Both Sides
Both Trump and Biden have prepared extensive legal teams, aware of the potential for unprecedented challenges. With legal expertise on both sides, any contested election could lead to intense litigation, prolonged processes, and constitutional complexities.
Final Thought:
This analysis sheds light on the constitutional nuances that could shape the 2024 election. With new reforms and potential challenges to vote certification, the outcome may depend on key legal interpretations and the strategic moves of influential players like Speaker Mike Johnson. Voter engagement, transparency, and the integrity of the process will be essential for navigating a potentially contentious election season.