MovieChat Forums > Man of the Year (2006) Discussion > Did the writers/directors bother to read...

Did the writers/directors bother to read the Constitution? (Spoilers)


Election night's constant discussion of the Electoral College reminded me of this movie and the ridiculous ending. So many problems. First, once the Electors of the Electoral College vote there is no going back. If the President-elect resigns, for whatever reason, the Vice-President-elect becomes President-elect and eventually President.

IF, by some strange occurrence (all the Electors are killed in a terrorist bombing?) the Electors don't pick a President and Vice-President then the House of Representatives would vote in a new President and Vice-President. Tina Fey's character's question about the "re-vote" was completely out of the realm of possibility. Under NO circumstances would there be a re-vote!

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You are technically correct but the electoral college members that voted for Dobbs shouldn't have been there. This is totally unique situation that is not covered in the Constitution. You are also right that they wouldn't have a revote but they could very easily get the vote totals from the states using the voting machines, at least they should have been able to do that.

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Even if it is possible to trust the raw vote count in the rigged voting machines, it would be too late for a recount. The Constitution does cover this situation: the House of Representatives would elect the President.

The 12th Amendment says, "if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President."

The movie presents a case where the vote of the electors is invalid, therefore no person will have received a majority of the electors kicking the decision to the House of Representatives.

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Yes but we that amendment is in place in case no one gets a majority of the electoral votes after the votes have been verified. The voting machines had a glitch and therefore, those states votes cannot technically be valid after the glitch is discovered.

The whole section reads as "The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as 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; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President"

The problem with your statement is that the electors that were sent were not valid because the election results were proven to be false. Like I said, there is nothing in the Constitution that covers this situation. This Amendment was added because the elections of 1796 and 1800 didn't have anyone win enough of the electoral votes, mainly because at that time there was only an election for President with the winner being President and the person in second place being Vice-President. They wouldn't, as you suggest, just toss out the votes of people in 13 states.

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I think the section can be read to allow for any situation where the electors fail to elect a President and Vice-President, and the problem with the opposite argument is that it leaves no method for electing the President. Individual state laws preclude a recount, without a recount there are no new electors, so the only possibility left is a vote of the House. At least that's how I think it would be resolved.

Regardless, there are NO provisions for a "re-vote" as the movie suggested. Something else Hollywood just made up without any consideration for reality. But that's Hollywood.

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