[Congressional Record Volume 166, Number 196 (Wednesday, November 18, 2020)]
[House]
[Page H5873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        CONGRESS ELECTS PRESIDENT IF NO ELECTORAL COLLEGE WINNER

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Alabama (Mr. Brooks) for 5 minutes.
  Mr. BROOKS of Alabama. Mr. Speaker, this is the second in the series 
of House floor speeches by me on the recent Presidential elections.
  Previously, I covered constitutional and Federal statutory law 
mandating that Congress--not the Supreme Court--decides whether to 
accept or reject States' electoral college vote submissions.
  Today's remarks focus on who decides a Presidential election if no 
candidate receives an electoral college majority vote because of a tie, 
because multiple candidates split the electoral college vote, or 
because Congress rejected State electoral college votes.
  Per the United States Constitution's 12th Amendment, Congress--not 
the Supreme Court--elects the next President and Vice President of the 
United States if no candidate wins an electoral college vote majority. 
Congress' decision is final, determinative, and nonreviewable.
  The 12th Amendment states that if no candidate has a majority of the 
electoral college vote, then, from the three highest vote-getters for 
President, ``the House of Representatives shall choose immediately by 
ballot the President. But in choosing the President, the votes shall be 
taken by States, the representation from each State having one vote . . 
. and a majority of all of the States shall be necessary to a choice.''
  As an aside, the 12th Amendment requires the Senate to elect the Vice 
President. There is a twist in the House vote for President. A majority 
of Congressmen does not elect the President. Rather, the House votes by 
State delegations to elect the next President of the United States.
  America has 50 States. After the 2020 elections, 26 State delegations 
have a Republican majority. Twenty States have a Democrat majority. The 
remaining State delegations are tied 50/50, with Iowa undecided pending 
an uncalled election.
  Hence, if Congress rejects electoral college votes from States with 
election processes that are so badly flawed as to be unreliable and 
unworthy of acceptance, House Republicans control the election of the 
next President of the United States.
  Let me repeat that for emphasis. House Republicans control the 
election of the next President of the United States.

  For emphasis, the 12th Amendment has, on occasion, resulted in 
Congress electing the next President of the United States.
  For example, in 1824, Andrew Jackson led the electoral college with 
99 votes, to 85 votes for John Quincy Adams, to 41 votes for William 
Crawford, to 37 votes for House Speaker Henry Clay. The House elected 
second place finisher John Quincy Adams President of the United States 
over first place finisher Andrew Jackson, prompting Andrew Jackson to 
famously declare, ``The Judas of the West has closed the contract and 
will receive the 30 pieces of silver . . . Was there ever witnessed 
such a bare faced corruption in any country before?''
  Another example is the 1876 election, wherein Democrat Samuel Tilden 
won the popular vote and amassed 184 electoral college votes, one shy 
of Ohio Republican Rutherford B. Hayes' 185 electoral college votes.
  Louisiana's, Florida's, and South Carolina's electoral college votes 
were disputed because it strained credibility to believe these States 
voted Republican while still suffering from the destructive effects of 
a Republican-led invasion during the Civil War. Congress appointed a 
15-member commission to study the matter, which split on party lines: 
eight Republicans for Hayes, seven Democrats for Tilden.
  Congress then elected Hayes President of the United States in a deal 
that gave Louisiana's, Florida's, and South Carolina's disputed 
electoral college votes to Hayes in exchange for removing occupying 
Union troops from the South and ending reconstruction.
  In sum, the history and law are clear: Congress, not the Supreme 
Court, determines who wins or loses Presidential elections.

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