A presidential run by Michael Bloomberg could plunge the country into a constitutional crisis [View all]

[KamaAina]

http://www.latimes.com/opinion/op-ed/la-oe-0225-ackerman-12th-amendment-bloomberg-20160225-story.html

In the next couple of weeks, Michael R. Bloomberg will decide whether to launch an independent bid for the presidency. That's an enticing prospect, since the continuing strength of Donald Trump and Bernie Sanders threatens to force a radical choice between two extremes. Nevertheless, before succumbing to centrist temptation, the former New York City mayor should take a hard look at the Constitution. He will find that his run for the White House could precipitate one of the worst constitutional crises in American history.

The problem is the 12th Amendment. Enacted in 1804, it establishes the rules for presidential selection if no candidate secures a majority of 270 electoral votes — a distinct possibility should Bloomberg enter the race. The sphere of competition will then move from the states to the House of Representatives, where Bloomberg will confront formidable challenges. He will have to persuade Republican and Democratic lawmakers to betray the tens of millions of loyalists who voted for their party's nominee. But he'll have to do more than gain a majority of House members. Under the amendment's special rules, each state delegation casts a single vote, and the winning candidate must convince 26 delegations to support him. Even if Bloomberg carries a few key states in November, his fate will be determined by representatives from regions that rejected his candidacy. In addition, there are 11 states with only one or two House members — and their idiosyncratic views will have a disproportionate say in the final choice.

Worse yet, if a state's delegation is equally divided, it can't vote at all. This means that the process will degenerate into a free-for-all as rival candidates engage in desperate efforts to nudge one or another fence-sitter in their direction.

At this point, a final factor will make for more melodrama. If the House can't pick a chief executive by Jan. 20, the amendment provides an interim remedy. It says that the new vice president will become acting president while the political bargaining continues.

The House? "I, a vulgar talking yam, do solemnly swear..."