Excerpt from
Mike Pence’s Constitution
The former Vice President stands up to Trump, despite the potential political cost.
By The Editorial Board
The United States desperately needs a Republican Party that is a sane alternative to the ruling Democrats who have lurched to the coercive left. On that score, Americans should welcome Mike Pence’s stand Friday for constitutional principle on elections no matter its political cost.
The former Vice President defended himself against Donald Trump’s charge that Mr. Pence could have overruled state electoral vote tallies on Jan. 6, 2021 at the Capitol. Mr. Pence was presiding over the vote counting as President of the Senate, but he refused Mr. Trump’s pressure to disqualify electors from some closely contested states. It was Mr. Pence’s finest hour.
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But Mr. Trump won’t let it die, and last week he claimed again that Mr. Pence could have overturned the election, all but admitting that he hoped to use the gambit to stay in power. Speaking Friday to the Federalist Society in Florida, Mr. Pence rebutted Mr. Trump.
“I heard this week that President Trump said I had the right to overturn the election. President Trump is wrong,” Mr. Pence said. “The Presidency belongs to the American people, and the American people alone. And frankly there is no idea more un-American than the notion that any one person could choose the American President.”
Mr. Pence explained that his decision was rooted in Article II, Section 1 of the Constitution. He rightly pointed out that the Founders were skeptical of concentrated power, which is why they created the Electoral College and gave states the authority to choose electors. The only power they gave Congress regarding the electoral tally is counting and certifying the votes. The Vice President’s role is ceremonial in presiding over that counting.
Mr. Trump claims that Congress’s current talks to rewrite the Electoral Count Act of 1887 show Mr. Pence had the power to overturn electoral votes. But Congress isn’t debating this law because it agrees with Mr. Trump’s mistaken interpretation of what we and many others believe is an unconstitutional statute. The Members want to make sure that no one can pull Mr. Trump’s stunt again and misread the Electoral Count Act to use Congress and the Vice President to overturn an election despite losing in November.
This threat is bipartisan, by the way. After the 2004 election Barbara Boxer, then a California Senator, joined a House colleague in objecting to electors from Ohio, the decisive state that year. This forced votes in both chambers, which failed. The next time they lose a close election, Democrats aren’t likely to be as ham-handed as Mr. Trump and his allies were after 2020.
“Under the Constitution, I had no right to change the outcome of our election, and Kamala Harris will have no right to overturn the election when we beat them in 2024,” Mr. Pence said Friday, underscoring the risks when Republicans put the will to power above the Constitution.
Mr. Pence stands out as a rare Republican these days willing to stand up to Mr. Trump’s disgraceful behavior after the election. Too many in the GOP seem to have lost their constitutional moorings in thrall to one man.
The conventional wisdom now is that Mr. Trump controls the Republican Party and can have the 2024 nomination if he wants it. But someone should remind voters that Mr. Trump ended as a three-time election loser. He mobilized Democrats against him in historic numbers to cost the GOP the House in 2018, then the White House in 2020, and finally the two Georgia Senate seats in 2021.
Mr. Trump had significant policy successes, but Mr. Pence has received too little credit for his policy and personnel advice. His conservative network and instincts helped to avoid more than one Trumpian self-implosion. He was loyal to Mr. Trump, and the President repaid him by pressuring him publicly and privately to commit an unconstitutional act. Loyalty has always been a one-way street for Mr. Trump.
We wrote often during his Presidency that Democrats couldn’t defeat Donald Trump, but Mr. Trump could defeat himself. He did, and his post-election behavior compounded the harm to his party.
https://www.wsj.com/articles/mike-pe...re-11644171148