Skip to main content

User account menu

  • Log in
Shopping cart 0
Cart

Search

Search
Home starherald.net • The Star-Herald • Kosciusko, Mississippi
  • Post
    • Leaderboard
    • Post Dashboard
    • Payment Settings
  • Home
    • Contact Us
    • FAQ
    • Monthly Website Statistics
    • Our History
    • Our Staff
    • Privacy Policy
    • Submit News
  • Most Read
    • Most Read This Week
    • Most Read This Month
    • Most Read This Year
    • Most Read All Time
  • Most Recent
  • More News
    • Cartoons
    • Crime
    • Documents
    • Lifestyles
    • Politics
    • Public Notices
    • Videos
    • Attala County
    • Central Holmes Christian School
    • Public Notices
    • Videos
    • Attala County
    • Central Holmes Christian School
    • Ethel
  • Opinion
    • Columnists
      • Joseph Brown
      • Local Columnist
      • Stan Beall
    • Submit a Letter to the Editor
    • Editorials
    • Letters
    • Polls
    • Comments
  • Sports
  • E-Edition
  • Advertising
    • Ad Staff
  • Calendar
  • Obituaries
    • Submit an Obituary
  • Social
    • Anniversaries/Birthdays
    • Engagements/Weddings
    • Submit a Wedding
    • Submit an Engagement
    • Submit an Anniversary
    • Submit a Birth
    • Submit School News
  • Subscribe
  • State

Domain menu for The Star-Herald (mobile)

  • Post
    • Leaderboard
    • Post Dashboard
    • Payment Settings
  • Home
    • Contact Us
    • FAQ
    • Monthly Website Statistics
    • Our History
    • Our Staff
    • Privacy Policy
    • Submit News
  • Most Read
  • Most Recent
  • More News
    • Cartoons
    • Crime
    • Documents
    • Lifestyles
    • Politics
    • Public Notices
    • Videos
    • Attala County
    • Central Holmes Christian School
    • Ethel
    • McAdams
    • French Camp
    • Holmes CC
    • Kosciusko
  • Opinion
    • Columnists
      • Joseph Brown
      • Local Columnist
      • Stan Beall
    • Submit a Letter to the Editor
    • Editorials
    • Letters
    • Polls
    • Comments
  • Sports
  • E-Edition
  • Advertising
  • Calendar
  • Obituaries
  • Social
  • Subscribe
  • State

Wyatt Emmerich

Opinion: Presidential elections can be determined many different ways

By Wyatt Emmerich , READ MORE > 5,225 Reads
On Tue, 11/10/2020 - 06:13 PM

Normally the Presidential election is over by now, but this election wasn't normal.

For one thing, COVID created a huge push for voting by mail, perfectly understandable given the danger of this new virus. In addition, the election was extremely close. These two factors have combined to create some uncertainty in who will actually be the victor.

It seems obvious that Joe Biden is the likely winner. Associated Press has the final results with Biden leading Trump by three percent in the popular vote, 50.7 to 47.7 and 290 to 214 in the electoral college vote.

The mainstream media, which has always favored Biden, has declared Biden the victor. The media is indeed powerful, but they aren’t that powerful. It’s not their decision.

Several states were extremely close. Biden won Georgia by 10,000, just .2 percent,  Wisconsin by 20,000, just .7 percent, Pennsylvania by 43,000, just .5 percent and Michigan by 150,000, 2.7 percent.  Trump has already filed lawsuits in three out of four of those states, claiming improper election procedures.

Trump may not win those lawsuits, but if he can delay until early December, then the election gets thrown into the U. S. House of Representatives.

But here's the kicker: The House votes by delegation with each delegation getting one vote. California gets one vote. Mississippi gets one vote. If there are no party defections, Trump wins.

The above is a simplistic summary. In fact, it's even more complicated involving an incredibly complex matrix of Constitutional mandates, federal law, state laws, state legislatures, governors and secretaries of state.

One suspects, before it is all over, the U. S. Supreme Court will have to rule on the intricacies of the law. Never has a President had such good standing with our top court, having just appointed three of its nine members.

If you recall, this is similar to the Al Gore, George Bush election. Al Gore won the popular vote by .5 percent but lost the electoral college vote 271 to 266. Rather than concede, Gore fought in court for a recount in Florida.

In the end, the U. S. Supreme Court ruled 5-4 to stop the recount relying on the Equal Protection Clause of our Constitution.

The 5-4 decision fell along party lines. Judges appointed by Republican Presidents voted for Bush. Those appointed by Democratic Presidents voted for Gore.

Using the Equal Protection clause gives the U. S. Supreme Court enormous power. Essentially, the court said all ballots had to be treated equally or they were tainted.

This bodes well for Trump’s legal challenges. The Democrats pushed hard on implementing new absentee ballots. It worked. Turnout increased to 160 million from 136 million in 2016. One hundred million voters voted early. That's amazing.

This is good for Trump. Given the nature of bureaucracy, it's likely implementation of such a massive new voting process led to many mistakes. For instance, in Pennsylvania, Trump alleges that some areas would notify early voters of ballot errors and allow the voters to come in and correct them. Others didn't. That's a violation of Equal Protection.

Gore's legal challenge had a big problem. The U. S. House at that time was Republican. A vote by delegation would have certainly gone for Bush.

Trump doesn't have that problem. Gore had to hurry up and win his case before the Electoral College deadline. Trump just has to delay until the vote gets thrown to the House.

Even so, Trump's strategy is high risk. The Republican Party could refuse to back Trump for the good of the country. After all, Biden won the popular vote decisively.

Or Trump could graciously concede. Very doubtful.

It gets even more complicated. Georgia has a Republican legislature. The other contested states have split legislatures. The Constitution gives the state legislatures sole power to determine their electors. If the election results are mired in lawsuits and uncertainty, these legislatures could appoint different electors.

Or the states could just decline to certify the existing electors, depriving Biden of 270 electoral votes. Then the U. S. House decides by delegation. Trump would have to be the favorite in that scenario.

All of this hinges on Trump's legal team to expose significant Equal Protection violations in the vote. If the election process is squeaky clean, none of this can happen. My guess is that the huge change in our election process this year, driven by COVID fears, probably caused all kinds of voting irregularities. In this sense, the Democrats shot themselves in the foot by aggressively implementing sweeping new election procedures in a short period of time.

All of this has happened before. As mentioned, the Bush-Gore race. Kennedy beat Nixon in 1960 by less than 9,000 votes out of 4.75 million cast, a margin of 0.2%. Many of Nixon's advisors urged him to contest several states, but three days after the election Nixon graciously conceded. A smart move that probably set the stage for his two terms as President.

Samuel Tilden beat President Rutherford Hayes in the popular vote by 3.2 percent. According to Wikipedia, 

"In Florida (with 4 electoral votes), Louisiana (with 8) and South Carolina (with 7), reported returns favored Tilden, but the elections in each state were marked by electoral fraud and threats of violence against Republican voters; the most extreme case was in South Carolina, where an impossible 101 percent of all eligible voters in the state had their votes counted. One of the points of contention revolved around the design of ballots: at the time, parties would print ballots or ‘tickets’ to enable voters to support them in the open ballots. To aid illiterate voters the parties would print symbols on the tickets, and in this election, many Democratic ballots were printed with the Republican symbol, Abraham Lincoln, on them. The Republican-dominated state electoral commissions subsequently rejected enough Democratic votes to award their electoral votes to Hayes."

The election went to a divided Congress, which set up a special commission to decide the winner. In the end, the Democrats agreed to support Republican Hayes in return for Hayes' pledge to end Reconstruction.

Presidential disputes go way back, all the way to Thomas Jefferson and his race in 1796 against John Adams. According to historian John Ferling, the jockeying for electoral votes, regional divisions, and the propaganda smear campaigns created by both parties made the election recognizably modern.

The Presidential election mess of 1796 led to the passage of the 12th Amendment to the U. S. Constitution, which created a more detailed process for resolving disputes and using the House of Representatives as the decider. 

Even so, the 1800 election was a mess. The Electoral College couldn't pick a winner and, ultimately, the U. S. House voted by delegation to select Jefferson on the 36th ballot. The politics and jockeying for votes in 1800 makes anything today pale in comparison.

The 1824 election between Andrew Jackson and John Quincy Adams also went to the U.S. House, which selected Adams. The Democratic Party of Georgia was hopelessly divided and couldn't agree on a slate of electors. With the Electoral College unable to produce a winner, it went to the House. Jackson accused Adams of making a variety of appointment promises to win the House.

So this is nothing new. In fact, if you enjoy politics, it will make great theater. Does Trump have the moxie and influence to pull it off? John Quincy Adams, Rutherford Hayes and Thomas Jefferson did. 

In any event, fears about riots, civil war, etc. are unfounded. We have a very stable system with detailed procedures for resolving the election. We just have to be patient and let it play out.

‹ PreviousNext ›

Most Recent

Congressman Guest Stands with Women, People of Faith in Vote Against H.R. 5

Below is a press release from Congressman Michael Guest:

MDE: State Board Opens Public Comment on ACT WorkKeys, Career Preparation Indicator
Hyde-Smith opposes HHS Nominee Xavier Becerra
Mississippi Covid-19 Update : February 26, 2021
Junior Auxiliary announces 2021 courts
KLE announces Outstanding and Top Dog students for second nine weeks

Most Read News Article

  • Week
  • Month
  • Year
  • All Time

Waste Management resumes normal collection schedule in central Mississippi

All Waste Management collection services, including residential, commercial, and roll-off, will… READ MORE

The multifaceted role of Black churches in Yalobusha County
Joe Ray Douglas
Mississippi teachers, first responders eligible for COVID-19 vaccines on March 1
Kosciusko and McAdams win opening round playoff games tonight
Meet the candidates: In their own words

Victim, suspect named in Wednesday afternoon murder

Adrienne Leshun Coker, a 33-year-old mother of two girls, was killed during a Wednesday afternoon… READ MORE

$1 Million Powerball Ticket Purchased in Mississippi
Marshall Ramsey: Thank You
Few seek city offices
Sharing a longtime family favorite recipe
UPDATE: Victim in afternoon shooting deceased; murder suspect in custody

Welcome to the Brave New World; The devastating effects of Section 230 on America

Kudos to Mississippi U. S. Senator Roger Wicker for sponsoring a bill to amend Section 230 of the… READ MORE

Breaking their silence - Part Two - Earlier victim shares her story for the first time
Late football great Robert "Gentle Ben" Williams honored by State Senate
Kosciusko High class quarantined due to COVID-19
Big Tech eroding freedoms
Most state agencies requesting slight increases in appropriations for next fiscal year

Welcome to the Brave New World; The devastating effects of Section 230 on America

Kudos to Mississippi U. S. Senator Roger Wicker for sponsoring a bill to amend Section 230 of the… READ MORE

George Sharp
Breaking their silence - Part Two - Earlier victim shares her story for the first time
Late football great Robert "Gentle Ben" Williams honored by State Senate
Kosciusko High class quarantined due to COVID-19
Big Tech eroding freedoms

Sign Up for Notifications of Local Breaking News

Start E-mail NotificationsStop E-mail NotificationsStart Mobile NotificationsStop Mobile Notifications

Star Herald e-Edition Button

Obituaries

Joe Ray Douglas

Mary Evelyn Dickerson Crowder
Peggy Maxwell Palmertree
Wendell L. Clark
David Orea Philyaw
Rachel Joan Ballard Simpson Oliver

Opinion

The Old Sports Dude: Some legends are even bigger than their well-known names

The distinct smell of cigarette smoke hung in the air as two dozen grown men, give or take a… READ MORE

Flashbacks 021821
Focus on the Family: Advice on a workaholic husband
Our new miracle
A twist on traditional chicken dinner
The easiest DIY vegetable/herb garden

Lifestyles

Attala County Library notes reopened stacks, grant and Star status

Mid-MS Regional Libraries receives Anti-Racism Reading Shelf grant

Our new miracle
The easiest DIY vegetable/herb garden
Anne Hughes Porter gives four chairs for Skipworth Performing Arts Center
RELIGION COLUMN: Are you a trustworthy person?
The Church Bulletin 123120

Sports

Kosciusko and McAdams win opening round playoff games tonight

Kosciusko and McAdams won their opening round playoff games Tuesday.

The Old Sports Dude: Some legends are even bigger than their well-known names
Mississippi Braves Announce 2021 Schedule
McAdams Bulldogs head to state tourney following 5-1A region win
The Rebels who couldn’t shoot straight suddenly are hitting mark
Lady Tigers play for championship

Social

Attala County Library notes reopened stacks, grant and Star status

Mid-MS Regional Libraries receives Anti-Racism Reading Shelf grant

Our new miracle
The easiest DIY vegetable/herb garden
Anne Hughes Porter gives four chairs for Skipworth Performing Arts Center
RELIGION COLUMN: Are you a trustworthy person?
The Church Bulletin 123120

Weddings & Engagements

Welch and Arrington to wed

Welch and Arrington to wed Welch and Arrington to wed

Lancaster-Sanders marry at romantic waterfall setting
Caroline Kelsoe and Stacy Jones to wed
Jodi Crowson to wed Kaleb Gibson
Jordan Pratt to wed Andrew Trehern
Mary Nelson to wed Gregory Culpepper

Editorials

Our View: Don’t make a year of grace a waste

The chief of Mississippi’s public schools wants to give them a “year of grace” and not hold them… READ MORE

Our View: Unacceptable in our democracy
Our View: Elvis and the polio vaccine
Unacceptable in our democracy
The Church Bulletin 122420
OUR VIEW: State fails to solve voting risk

COMPANY COMMUNITY ADVERTISE E-EDITIONS MORE NEWS
Contact Community Calendar Subscribe Magazine E-Edition Cartoons
FAQ/Help Obituaries Ad Rates Newspaper Archive Columns
Our History Engagements/Weddings Ad Staff Newspaper E-Edition  
Our Staff Most Read My Account Special Section Editorials
Statewide Most Recent Features    

Click on the city name to visit its website.

ACKERMAN  •  CARROLLTON  •  CHARLESTON  •  CLARKSDALE  •  COLUMBIA  •  DUMAS(Ark.)  •  EUPORA  •  FOREST  • 

FRANKLINTON(La.)  • GREENVILLE  •  GREENWOOD  •  GRENADA  •  HATTIESBURG  •  JACKSON  •  KOSCIUSKO  •  INDIANOLA  • 

LOUISVILLE  • MAGEE  • MENDENHALL  •  McCOMB  •  NEWTON  •  PETAL  •  QUITMAN  •  SENATOBIA  •  TALLULAH(La.)  •  WINONA  •  YAZOO CITY


Copyright 2020 - The Star-Herald | Privacy Statement | Help | Terms of Service

The Star-Herald - 207 N. Madison St.- Kosciusko, MS 39090 - (662)-289-2251

Emmerich Newspapers proud to serve your local communities.

Thank you for visiting our website.