Judson Phillips is the founder of Tea Party Nation. Follow him on Twitter at @judsonphillips or @teapartynation.
Editor’s note, Nov. 20, 2012: Since this column was posted it has been discovered that the premise presented about the Electoral College and the Constitution is in error. According to the 12th Amendment, a two-thirds quorum is required in the House of Representatives, not the Electoral College.
We have one last, final chance to save America. We have one last, final chance to stop Barack Obama. One final chance.
What is this final chance? Will the Republicans step up to the plate and do what is necessary?
Barack Obama has not yet been re-elected president.
Yes, the election is over – but remember, a presidential election in America is not by popular vote. We vote for the candidate, but what we are really doing is voting for the electors who will meet on the Monday after the second Wednesday in December.
That is when the actual re-election of the president occurs.
Is there a way to stop this?
Yes, there is.
And the best part – this is totally constitutional.
The 12th Amendment of the Constitution as well as Article II of the Constitution govern the Electoral College.
According to the 12th Amendment, for the Electoral College to be able to select the president, it must have a quorum of two-thirds of the states voting. If enough states refuse to participate, the Electoral College will not have a quorum. If the Electoral College does not have a quorum or otherwise cannot vote or decide, then the responsibility for selecting the president and vice president devolves to the Congress.
The House of Representatives selects the president and the Senate selects the vice president.
Since the Republicans hold a majority in the House, presumably they would vote for Mitt Romney, and the Democrats in the Senate would vote for Joe Biden for vice president.
Can this work?
Sure it can.
Democrats have actually set this precedent of refusing to participate to deny Republicans a quorum. They did this in Wisconsin and in Texas. Why can’t we do this with the Electoral College?
Mitt Romney was a terrible candidate, and he will not be a great president. But he will be infinitely better than Barack Obama.
So how do we do this?
Mitt Romney carried 24 states. We need to have conservative activists from all over the nation contact the electors, the Republican Party and the secretary of state in all of these states and tell them not to participate in the Electoral College when it meets on Dec. 17.
If we can get 17 of those states (just over one-third) to refuse to participate, the Electoral College will have no quorum. Then, as the Constitution directs, the election goes to the House of Representatives.
That is how we can still pull this election out and make Mitt Romney president in January.
We need this concept shared with every tea party, liberty and patriotic group throughout the country. We have time to act, but we must pressure Republicans to do the right thing.
It does not matter who gets credit for this. The credit is not important. Using our last chance to defeat Barack Obama is important.
Far too often the Republican Party seems more interested in losing gracefully than winning and governing.
This is our last chance. We the people must contact the electors, party officials and secretaries of state from every red state and insist that they refuse to participate in the Electoral College.
We can still save America and use the Constitution to do it. But this truly is our last chance.