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phokhuya · 04-24-2020

Đọc và nghe xong tin tức này thì không biết có còn ai dám tin Joe Biden nữa không. Là ứng cử viên TT mà lại phát biểu một chuyện kém hiểu biết như vậy.
TT không có quyền dời lại ngày bầu cử bất cứ vì lý do nào.

It is alarming, to say the least, that people are even asking this question: Does President Donald Trump have the legal authority to postpone or cancel the 2020 presidential election?

The answer is entirely clear: He does not.

Start with the Constitution itself: “The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”

The founding document reflects an unambiguous judgment that Congress, and not a potentially self-interested president, gets to decide when the leader of the United States shall be chosen. If the president could set the time of his own election, he could specify a date that is favorable to him – or postpone a specified date until the conditions are just right.

Congress has exercised the authority that the Constitution gives it. A law enacted in 1948 says this:

The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.

A finicky reader might respond: Those provisions are about selection of members of the Electoral College. What does that have to do with the popular vote?

The answer is that the two are inextricably intertwined. Under the Constitution, of course, the winner of the election is the candidate who gets the most votes in the Electoral College. Each state is allocated a specific number of electors, whose votes are generally given (by state law) to the candidate who wins the popular vote in that state.

In practice, Congress’s specification of “the Time for choosing the Electors” is also a specification of the time for the popular vote. (To be sure, the Constitution also gives states a significant role in deciding how to appoint electors, but it does not give the president the authority to tell states what to do.)

It’s true that Congress could change the date that it enacted. Because Democrats control the House of Representatives, however, that isn’t very likely (unless circumstances get a lot worse).

And even if Congress decided to do that, it wouldn’t much help Trump. Under the 20th Amendment, “the terms of the President and the Vice President shall end at noon on the 20th day of January.” The plain meaning is that after the expiration of a four-year term, a president who has not been re-elected has to leave office.

04-24-2020	#7
phokhuya R9 Tuyệt Đỉnh Tôn Sư Join Date: Jun 2007 Posts: 32,888 Thanks: 62,594 Thanked 62,777 Times in 20,195 Posts Mentioned: 132 Post(s) Tagged: 1 Thread(s) Quoted: 8821 Post(s) Rep Power: 87	Đọc và nghe xong tin tức này thì không biết có còn ai dám tin Joe Biden nữa không. Là ứng cử viên TT mà lại phát biểu một chuyện kém hiểu biết như vậy. TT không có quyền dời lại ngày bầu cử bất cứ vì lý do nào. It is alarming, to say the least, that people are even asking this question: Does President Donald Trump have the legal authority to postpone or cancel the 2020 presidential election? The answer is entirely clear: He does not. Start with the Constitution itself: “The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.” The founding document reflects an unambiguous judgment that Congress, and not a potentially self-interested president, gets to decide when the leader of the United States shall be chosen. If the president could set the time of his own election, he could specify a date that is favorable to him – or postpone a specified date until the conditions are just right. Congress has exercised the authority that the Constitution gives it. A law enacted in 1948 says this: The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President. A finicky reader might respond: Those provisions are about selection of members of the Electoral College. What does that have to do with the popular vote? The answer is that the two are inextricably intertwined. Under the Constitution, of course, the winner of the election is the candidate who gets the most votes in the Electoral College. Each state is allocated a specific number of electors, whose votes are generally given (by state law) to the candidate who wins the popular vote in that state. In practice, Congress’s specification of “the Time for choosing the Electors” is also a specification of the time for the popular vote. (To be sure, the Constitution also gives states a significant role in deciding how to appoint electors, but it does not give the president the authority to tell states what to do.) It’s true that Congress could change the date that it enacted. Because Democrats control the House of Representatives, however, that isn’t very likely (unless circumstances get a lot worse). And even if Congress decided to do that, it wouldn’t much help Trump. Under the 20th Amendment, “the terms of the President and the Vice President shall end at noon on the 20th day of January.” The plain meaning is that after the expiration of a four-year term, a president who has not been re-elected has to leave office.