Fears of a constitutional crisis in America .. Dimensions of the crisis and the possibilities of treatment

Axios recently quoted informed sources as saying that US President Donald Trump informed those close to him of his intention to announce his early victory on the evening of the third of November in the event that there were indications of his progress against his Democratic rival Joe Biden, which doubled the chances of the elections facing an unprecedented constitutional crisis.

This contrasts with what the American people have learned of the phenomenon of anticipation in front of the screens, waiting for the news of the winning candidate receiving a phone call from the losing candidate, congratulating him on his victory, and wishing him and America all the best and progress.

For the first time, an American president doubts the results of future elections, which is spreading fears of undermining American democracy and causing a crisis of confidence in its constitutional system and rules.

Al Jazeera Net reviews the mounting fears of a major constitutional crisis, and how it can be avoided or avoided.

What is the reason for the growing fears of a constitutional crisis?

Trump has repeatedly questioned the legality and legality of the elections due to their reliance on early voting and mail voting due to concerns about the spread of the Coronavirus.

Trump's demands to announce the election result after the vote has ended is a major challenge, especially with his awareness that this cannot be achieved due to the incomplete counting and sorting of mail ballots.

And Trump's refusal to pledge to admit defeat and accept any possible outcome of today's election gave more chances for a crisis.

Has America known crises related to elections before?

Yes, America has known procedural problems with regard to the elections, as some people were prevented from reaching the polls, questioning the legitimacy of the results, legal challenges were raised, and voters were forced to stand in long lines.

However, none of them caused a crisis in the true sense except in the 2000 elections, when the Supreme Constitutional Court settled the results of the Florida elections and recounted the votes;

Which led to the victory of the Republican candidate George W. Bush the presidency.

What is Trump's position on the peaceful transfer of power?

In response to a question from broadcaster Chris Wallace if he was ready to accept defeat in the event of his loss, Trump said, "We will see what can be done at this moment, I cannot confirm to you now to respond."

He admitted that he did not like defeat, and said, "I am not a good loser, I do not like to suffer defeats, I do not lose much, nor do I like to lose," stressing that he will not accept the results in advance.

What about Joe Biden's reaction to Trump's position?

Biden was quick to comment on Trump's remarks, saying, "In which country do we live?", Adding, "He is saying the most irrational things. I don't know what to say."

Biden had previously warned about the possibility of Trump stealing the presidential election, and added that Trump's opposition to voting by mail amid the outbreak of the Coronavirus is part of his efforts to deny citizens the right to vote.

What about the role of the military if a candidate refuses to accept the election result?

There will be no wide repercussions if Biden rejects the election results if he is defeated, and the matter is different in the case of Trump, as he is the commander-in-chief of the armed forces until midday on January 20.

The founders of the American state did not welcome any role in allowing the intervention of the military in political life, and the constitution limited any possibility of unelected military officers controlling the government.

On the other hand, Americans are confident that their army is not motivated by internal political or party whims.

And the law specified referring to the US courts and up to the Supreme Constitutional Court to resolve any dispute over the identity of the winning candidate, in the event of a crisis in the counting or counting of the votes, or if a candidate did not admit defeat.

The constitution did not give the army any role in the political transition process. Rather, the constitution specified the defense minister that he should be a civilian person. The constitution also stripped the chief of staff of any political powers, and made the position weak with which the president could dismiss him by tweet or phone call.

What is the constitution’s position on the president’s refusal to leave office?

The constitution deals with how to deal with a president who refuses to leave office through Amendment 20 to the constitution, which stipulates that "the term of office of the president and vice president shall end at noon on January 20."

The clear instructions in US law dictate the alternative line. If a new president is not elected, power goes to the speaker of the House of Representatives temporarily until new elections are held.

What if there is a crisis in the counting and counting of the votes that did not know the identity of the winning candidate?

This is a possible scenario, with some commentators questioning the efficiency of the US Postal Service to handle millions of ballot papers in a short period of time.

In the event that this scenario occurs, Trump's presidency ends at midday on January 20, and Nancy Pelosi, as Speaker of the House of Representatives, will assume the US presidency temporarily until new elections are agreed.

What is the solution in the event of a collision between the governor and the state parliament regarding the final approval of the election result and the determination of the state's electoral college?

It could be up to the state federal supreme court, take the case to the Supreme Court, and it could end up before Congress.

alternatives remain before the Supreme Court

First

: It can exclude votes from some states on the grounds that its results are not clear enough to ratify it before the legal deadline of December 14 when the Electoral College must meet, and thus put the entire elections before the House of Representatives for a decision. As outlined in the 12th Amendment to the Constitution.

Second

: The Supreme Court may refer to the Election Counting and Sorting Act of 1887, which stipulates that the House of Representatives and Senate together decide which electors in the Electoral College will be recognized, and thus requires Congress to decide which list of electoral bodies in each of the disputed states. Will endorse it.

What is the role of state courts in resolving any dispute over election results?

The long and slow counting process plays a role in sowing doubts about the results and alleging that the elections will be rigged in the event that any party loses.

The matter complicates the presence of local parliaments in a number of swing states, such as Michigan, Pennsylvania and Wisconsin, controlled by Trump's Republican allies, while the Democrats control the positions of governors of the three states.

The state governor must certify the election results within his state after they are approved by the Electoral College, and before they are sent to Congress.

There are concerns if there are disagreements about naming the members of the Electoral College so that it does not reflect the candidate who won the state elections, that is, the state parliament refuses to recognize its results by naming a different electoral body, which will lead to a clash with the state governor and raise the matter to the state supreme court.

What is the role of Congress in this situation?

If this happens and the courts return election cases to Congress as a political crisis, the new Congress elected on November 3 will also have to determine which Electoral College it accepts on January 6.

And if the Democrats control the House and Senate on January 6, Trump may be in trouble for any disputed state, as the Democratic-controlled Congress will certainly ratify the voters approved by the Democratic governor, not the Republican legislature.

Even if control is divided between the "Democratic" House of Representatives and the "Republican" Senate, the 1887 Act that gives the House of Representatives greater power will be referred to, in which case the statute approved by the state governor (Democrat in those swing states) will be ratified.

Republicans will challenge the courts, which means that the Supreme Court may ultimately need to determine whether to review the dispute or return it to Congress for a political solution.

Even if the Supreme Court tried to rule, it is not certain that the losing party would accept its verdict, as Al Gore did in 2000, when he dropped elections the day after the Supreme Court decided to halt the Florida vote recount and award the victory to his rival, Bush Jr.