There is growing angst (see, for example, here and here) that a Republican House and Senate would refuse to certify the results of the 2024 presidential election if they are dissatisfied with the outcome. The concern, which has ample basis in the Trump tautology that any election he loses was rigged because he lost it, presents some interesting constitutional questions. The Constitution itself assigns Congress no role in counting electoral ballots other than witnessing the procedure. The procedure for objecting to electoral votes is entirely statutory. The 12th Amendment is clear on the passivity of Congress’ role:  The President of the Senate shall, in the presence … Continue reading Congress’ Authority to Certify Presidential Elections is a Phantasm