160-397: [REDACTED] [REDACTED] The Electoral Count Act of 1887 ( ECA ) ( Pub. L. 49–90 , 24 Stat. 373 , later codified at Title 3, Chapter 1 ) is a United States federal law that added to procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential election . In its unamended form, it last governed at
320-432: A brokered convention . Nixon secured the nomination on the first ballot. He was able to secure the nomination to the support of many Southern delegates, after he and his subordinates made concessions to Strom Thurmond and Harry Dent . He selected Maryland governor Spiro Agnew as his running mate, a choice which Nixon believed would unite the party, appealing both to Northern moderates and to Southerners disaffected with
480-399: A senior partner in the leading law firm Nixon, Mudge, Rose, Guthrie & Alexander . When announcing his California campaign, Nixon had pledged not to run for president in 1964; even if he had not, he believed it would be difficult to defeat Kennedy, or after his assassination , Kennedy's successor, Lyndon Johnson. In 1964, Nixon won write-in votes in the primaries , and was considered
640-644: A slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates the Constitution may be declared unconstitutional by the courts. A judicial declaration that an act of Congress is unconstitutional does not remove the act from the Statutes at Large or
800-411: A "final determination" of such disputes by "judicial or other methods or procedures," and such "determination" is made "at least six days before the time fixed for the meeting of electors." Such determination "shall be conclusive, and shall govern in the counting of the electoral votes ... so far as the ascertainment of the electors appointed by such State is concerned." In the ruling of Bush v. Gore ,
960-494: A "practical joke" were presented to the joint session. Whether the Senate president can be required to present or not present any particular paper is an open question, but one commentator argues that concurrent action by both houses would settle the matter while disagreement between the houses would see the Senate president's decision upheld. The Electoral Count Act's provisions governing debate and procedure, prescribed to be followed by
1120-413: A "respectable Republican cloth coat". The speech was remembered for the gift which Nixon had received, but which he would not give back, which he described as "a little cocker spaniel dog ...sent all the way from Texas. And our little girl—Tricia, the 6-year-old—named it Checkers." The speech prompted a huge public outpouring of support for Nixon. Eisenhower decided to retain him on the ticket, and
1280-503: A 1960 presidential run. Nixon believed this would destroy his political career. When Eisenhower announced his reelection bid in February 1956, he hedged on the choice of his running mate, saying it was improper to address that question until he had been renominated. Although no Republican was opposing Eisenhower, Nixon received a substantial number of write-in votes against the president in the 1956 New Hampshire primary election. In late April,
1440-553: A bestselling book, Six Crises , which included coverage of the Hiss case, Eisenhower's heart attack, and the Fund Crisis, which had been resolved by the Checkers speech. Local and national Republican leaders encouraged Nixon to challenge incumbent Pat Brown for governor of California in the 1962 gubernatorial election. Despite initial reluctance, Nixon entered the race. The campaign
1600-567: A cessation of bombings. On October 22, 1968, candidate Nixon received information that Johnson was preparing a so-called " October surprise ", abandoning three non-negotiable conditions for a bombing halt, to help elect Humphrey in the last days of the campaign. Whether the Nixon campaign interfered with negotiations between the Johnson administration and the South Vietnamese by engaging Anna Chennault ,
1760-555: A change in the law." During the 2000 election recount , the U.S. Supreme Court in Bush v. Palm Beach County Canvassing Board remanded the election contest to the Florida Supreme Court , asking it to consider the implications of this section and the "safe harbor." Later, in Bush v. Gore , the U.S. Supreme Court observed that the state court had said that "the [state] legislature intended
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#17328456645971920-452: A college campus, where he fielded questions from students on U.S. foreign policy. The trip was uneventful until the Nixon party reached Lima , Peru, where he was met with student demonstrations. Nixon went to the historical campus of National University of San Marcos , the oldest university in the Americas, got out of his car to confront the students, and stayed until forced back into the car by
2080-447: A consensus candidate who would run a strong campaign against him. In 1945, they formed a "Committee of 100" to decide on a candidate, hoping to avoid internal dissensions which had led to previous Voorhis victories. After the committee failed to attract higher-profile candidates, Herman Perry, manager of Whittier's Bank of America branch, suggested Nixon, a family friend with whom he had served on Whittier College's board of trustees before
2240-497: A conversational tone as much as possible. At the start of his junior year in September 1928, Nixon's parents permitted him to transfer to Whittier High School. At Whittier, Nixon lost a bid for student body president—his first electoral defeat. He often rose at 4 a.m. to drive the family truck to Los Angeles to purchase vegetables at the market and then drove to the store to wash and display them before going to school. Harold
2400-497: A debilitating stroke , and died four days later . Rankings of his time in office have proven complex, with the successes of his presidency contrasted against the circumstances of both his ascension and his departure from office. Richard Milhous Nixon was born on January 9, 1913, in what was then the township precinct of Yorba Linda, California , in a house built by his father, on his family's lemon ranch. His parents were Francis A. Nixon and Hannah (Milhous) Nixon . His mother
2560-566: A decision to be presented, and by what means is the decision to be made? In 1865, Congress asserted "total power over the electoral vote" with the adoption of the Twenty-second Joint Rule. Enacted by strong Republican majorities in the wake of the Civil War , the rule provided simply that if any question arose about a state's electoral votes, the affirmative consent of both the House and Senate
2720-692: A deferral due to his government service, Nixon nevertheless sought a commission in the Navy. His application was approved, and he was appointed a lieutenant junior grade in the United States Naval Reserve on June 15, 1942. In October 1942, he was given his first assignment as aide to the commander of the Naval Air Station Ottumwa in Wapello County, Iowa , until May 1943. Seeking more excitement, he requested sea duty; on July 2, 1943, he
2880-433: A divisive figure to some. Televised presidential debates made their debut as a political medium during the campaign. In the first of four such debates, Nixon appeared pale, with a five o'clock shadow , in contrast to the photogenic Kennedy. Nixon's performance in the debate was perceived to be mediocre in the visual medium of television, though many people listening on the radio thought Nixon had won. Nixon narrowly lost
3040-406: A former State Department official, had been a Soviet spy, Nixon believed them to be true and pressed for the committee to continue its investigation. After Hiss filed suit, alleging defamation, Chambers produced documents corroborating his allegations, including paper and microfilm copies that Chambers turned over to House investigators after hiding them overnight in a field; they became known as
3200-634: A full partner in the firm the following year. In later years, Nixon proudly said he was the only modern president to have previously worked as a practicing attorney. During this period, Nixon was also the president of the Citra-Frost Company, which attempted to produce and sell frozen orange juice, but the company went bankrupt after just 18 months. In January 1938, Nixon was cast in the Whittier Community Players production of The Dark Tower in which he played opposite his future wife,
3360-475: A fundraiser for the Republican party, remains a controversy. It is not clear whether the government of South Vietnam needed encouragement to opt out of a peace process they considered disadvantageous. In a three-way race between Nixon, Humphrey, and American Independent Party candidate George Wallace , Nixon defeated Humphrey by only 500,000 votes, a margin almost as close as in 1960, with both elections seeing
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#17328456645973520-401: A gap of less than one percentage point of the popular vote. However, Nixon earned 301 electoral votes to 191 for Humphrey and 46 for Wallace, a majority. He became the first non-incumbent vice president to be elected president. In his victory speech, Nixon pledged that his administration would try to bring the divided nation together . Nixon said: "I have received a very gracious message from
3680-551: A grocery store and gas station at what is now the corner of Whittier Boulevard and Santa Gertrudes Avenue. During this time period, the Nixon family attended East Whittier Friends Church. Richard's younger brother Arthur died in 1925 at the age of seven after a short illness. Richard was 12 years old when a spot was found on his lung; with a family history of tuberculosis , he was forbidden to play sports. The spot turned out to be scar tissue from an early bout of pneumonia . Nixon attended East Whittier Elementary School, where he
3840-633: A heart attack and his condition was initially believed to be life-threatening. Eisenhower was unable to perform his duties for six weeks. The Twenty-fifth Amendment to the United States Constitution had not yet been proposed, and the vice president had no formal power to act. Nonetheless, Nixon acted in Eisenhower's stead during this period, presiding over Cabinet meetings and ensuring that aides and Cabinet officers did not seek power. According to Nixon biographer Stephen Ambrose , Nixon had "earned
4000-412: A high school teacher named Thelma "Pat" Ryan . In his memoirs, Nixon described it as "a case of love at first sight ", but apparently for Nixon only, since Pat Ryan turned him down several times before agreeing to date him. Once they began their courtship, Ryan was reluctant to marry Nixon; they dated for two years before she assented to his proposal. They wed in a small ceremony on June 21, 1940. After
4160-723: A honeymoon in Mexico , the Nixons began their married life in Whittier. They had two daughters: Tricia , born in 1946, and Julie , born in 1948. In January 1942, the couple moved to the Northern Virginia suburbs, where Nixon took a job at the Office of Price Administration in Washington, D.C. In his political campaigns, Nixon suggested that this was his response to Pearl Harbor , but he had sought
4320-532: A law made prior to Election Day, that determination shall be conclusive if made at least six days prior to said time of meeting of the electors." In addition, since the section "contains a principle of federal law that would assure finality of the State's determination if made pursuant to a state law in effect before the election, a [state] legislative wish to take advantage of the 'safe harbor' would counsel against any construction of [state law] that Congress might deem to be
4480-612: A majority, then be either signed into law by the president of the United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to the general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X
4640-460: A narrow class of disputes, such as if a governor had certified two different slates of electors or if a state failed to certify its results under the Act's procedures. Congress could also reject votes under the Act for other specific defects, such as ministerial error, if an elector or candidate was ineligible for office, or if the electoral college votes were not "regularly given." The central provisions of
4800-449: A political fund, maintained by his backers, which reimbursed him for political expenses. Such a fund was not illegal, but it exposed Nixon to allegations of a potential conflict of interest. With pressure building for Eisenhower to demand Nixon's resignation from the ticket , Nixon went on television to address the nation on September 23, 1952. The address, later named the Checkers speech ,
4960-606: A potential industrial center. He visited Saigon and Hanoi in French Indochina . On his return to the United States at the end of 1953, Nixon increased the time he devoted to foreign relations. Biographer Irwin Gellman, who chronicled Nixon's congressional years, said of his vice presidency: Eisenhower radically altered the role of his running mate by presenting him with critical assignments in both foreign and domestic affairs once he assumed his office. The vice president welcomed
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5120-554: A representative and suggested that Voorhis's endorsement by a group linked to Communists meant that Voorhis must have radical views. Nixon won the election, receiving 65,586 votes to Voorhis's 49,994. In June 1947, Nixon supported the Taft–Hartley Act , a federal law that monitors the activities and power of labor unions, and he served on the Education and Labor Committee . In August 1947, he became one of 19 House members to serve on
5280-585: A second time. Pat Nixon did not always enjoy public life, being embarrassed, for example, by the need to reveal how little the family owned in the Checkers speech. She still managed to be supportive of her husband's ambitions. Nixon believed that with the Democrats torn over the issue of the Vietnam War , a Republican had a good chance of winning, although he expected the election to be as close as in 1960. An exceptionally tumultuous primary election season began as
5440-434: A serious contender by both Gallup polls and members of the press. He was even placed on a primary ballot as an active candidate by Oregon's secretary of state. As late as two months before the 1964 Republican National Convention , however, Nixon fulfilled his promise to remain out of the presidential nomination process and instead endorsed Arizona senator Barry Goldwater , the eventual Republican nominee. When Goldwater won
5600-469: A state in the manner provided for by [state] law of a controversy or contest," then the governor must, "as soon as practicable after such determination," communicate, "under the seal of the State ... a certificate of such determination in form and manner as the same shall have been made." Notably, the relevant clause in 3 U.S.C. § 6 differs substantively from the original clause in Section 3 of
5760-409: A volley of thrown objects. At his hotel, Nixon faced another mob, and one demonstrator spat on him. In Caracas , Venezuela, Nixon and his wife were spat on by anti-American demonstrators and their limousine was attacked by a pipe-wielding mob. According to Ambrose, Nixon's courageous conduct "caused even some of his bitterest enemies to give him some grudging respect". Reporting to the cabinet after
5920-564: Is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before the time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If
6080-465: Is required to be in session on January 6 following the election to count the votes, although this date can be changed by law. Due to the 20th Amendment , the joint session is conducted by the new Congress whose term begins on January 3, rather than the outgoing lame-duck Congress . The Senate and House must meet in the House Chamber at "1 o'clock in the afternoon" on January 6, and the president of
6240-410: Is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act
6400-454: Is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of the 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in
6560-645: The 1962 race for governor of California, he announced his retirement from politics. However, in 1968 , he made another run for the presidency and narrowly defeated the Democratic incumbent vice president Hubert Humphrey . Seeking to bring the North Vietnamese to the negotiating table, Nixon ordered military operations and carpet bombing campaigns in Cambodia. He ended American combat involvement in Vietnam in 1973 and
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6720-470: The 1966 congressional elections in which he campaigned for many Republicans and sought to regain seats lost in the Johnson landslide. Nixon was credited with helping Republicans win major electoral gains that year. In 1967, Nixon was approached by an associate at his firm in Leonard Garment about a case involving the press and perceived invasion of privacy. Garment suggested Nixon to argue on behalf of
6880-460: The Democratic House passed a version of the act similar to the ones passed by the Senate previously, which was then enacted by a Republican Senate and Democratic House with minor concessions to the Democratic position as "a compromise measure in an atmosphere relatively free of partisan pressures" on February 4, 1887. Under the law, while Congress "claimed full power to validate votes, its role
7040-622: The Environmental Protection Agency and passed legislation such as the Endangered Species Act and the Clean Air Acts . He implemented the ratified Twenty-sixth Amendment , which lowered the voting age from 21 to 18, and enforced the desegregation of Southern schools. Under Nixon, relations with Native Americans improved, seeing an increase in self-determination for Native Americans and his administration rescinded
7200-594: The Herter Committee , which went to Europe to report on the need for U.S. foreign aid. Nixon was the youngest member of the committee and the only Westerner. Advocacy by Herter Committee members, including Nixon, led to congressional passage of the Marshall Plan . In his memoirs, Nixon wrote that he joined the House Un-American Activities Committee (HUAC) "at the end of 1947". However, he
7360-668: The Republican Party , he previously served as a representative and senator from California and as the 36th vice president from 1953 to 1961 under President Dwight D. Eisenhower . His presidency saw the reduction of U.S. involvement in the Vietnam War , détente with the Soviet Union and China , the Apollo 11 Moon landing, and the establishment of the Environmental Protection Agency and Occupational Safety and Health Administration . Nixon's second term ended early when he became
7520-772: The Tet Offensive was launched in January 1968. President Johnson withdrew as a candidate in March, after an unexpectedly poor showing in the New Hampshire primary. In June, Senator Robert F. Kennedy , a Democratic candidate, was assassinated just moments after his victory in the California primary. On the Republican side, Nixon's main opposition was Michigan governor George Romney , though New York governor Nelson Rockefeller and California governor Ronald Reagan each hoped to be nominated in
7680-458: The Twelfth Amendment , the vice president (as President of the Senate ) opens the electoral certificates. The act clarified the vice president's limited role in the count. Both houses could overrule the vice president's decision to include or exclude votes, and under the Act even if the chambers disagree, the governor's certification, not the vice president, broke the tie. On many occasions,
7840-487: The United States Supreme Court stated "the state legislature's power to select the manner for appointing electors is plenary; it may, if it so chooses, select the electors itself, which indeed was the manner used by state legislatures in several States for many years after the framing of our Constitution. ... The State, of course, after granting the franchise in the special context of Article II , can take back
8000-586: The Yom Kippur War , a conflict which led to the oil crisis at home. From 1973, ongoing revelations from the Nixon administration's involvement in Watergate eroded his support in Congress and the country. The scandal began with a break-in at the Democratic National Committee office, ordered by administration officials, and escalated despite cover-up efforts by the Nixon administration, of which he
8160-408: The hippie counterculture and the anti-war demonstrators. Agnew became an increasingly vocal critic of these groups, solidifying Nixon's position with the right. Nixon waged a prominent television advertising campaign, meeting with supporters in front of cameras. He stressed that the crime rate was too high, and attacked what he perceived as a surrender of the United States' nuclear superiority by
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#17328456645978320-718: The military draft the same year. His visit to China in 1972 eventually led to diplomatic relations between the two nations , and he then finalized the Anti-Ballistic Missile Treaty with the Soviet Union. Domestically, Nixon pushed for the Controlled Substances Act and began the war on drugs . Nixon's first term took place at the height of the American environmental movement and enacted many progressive environmental policy shifts; his administration created
8480-427: The seal of the state , which identifies the electors appointed by the state and the votes they received, as well as the names of all other candidates for elector and the votes they received. The electors that are being appointed are determined "under and in pursuance of the laws of such State providing for such ascertainment." The name of the presidential candidate and vice-presidential candidate do not need to appear on
8640-511: The termination policy . Nixon imposed wage and price controls for 90 days, began the war on cancer , and presided over the Apollo 11 Moon landing, which signaled the end of the Space Race . He was re-elected in 1972 , when he defeated George McGovern in one of the largest landslide victories in American history . In his second term, Nixon ordered an airlift to resupply Israeli materiel losses in
8800-519: The " Pumpkin Papers ". Hiss was convicted of perjury in 1950 for denying under oath he had passed documents to Chambers. In 1948, Nixon successfully cross-filed as a candidate in his district, winning both major party primaries, and was comfortably reelected. In 1949, Nixon began to consider running for the United States Senate against the Democratic incumbent, Sheridan Downey , and entered
8960-552: The 1887 law, as shown below: Under the original version, the clause appears to apply only in situations where the final determination satisfies the Section 2 "safe harbor." The current version requires a certificate to be sent regardless of whether the safe harbor applies. The difference may be relevant since Section 4 (now 3 U.S.C. § 15 ) prohibits Congress from rejecting any electors "whose appointment has been lawfully certified to according to [3 U.S.C. § 6]." ( See Substantive counting rules below.) This process
9120-461: The Act can bind a future Congress. The district court dismissed the suit for lack of standing on January 1, 2021. The dismissal was upheld by an appeals court panel the next day. During the election of 1876, Congress received electoral votes from multiple slates of electors in several Southern states . While the Twelfth Amendment describes how electors must meet and cast their votes, it did not foresee multiple competing slates of electoral votes from
9280-407: The Act's formal requirements for substantive objections – that is, to be presented in writing and signed by both a Representative and a Senator – to procedural questions. This suggests that if procedural motions and appeals were made in that manner, they would be allowed and the two houses would have to separate to consider them. The structure of Section 4 ( 3 U.S.C. § 15 ) separates
9440-602: The Certificate of Vote, etc., to correct problems before Congress meets to count the votes. Following the 2000 election, the Florida Legislature contacted OFR seeking to learn the technical process to revoke the ascertainment of electors certified by the secretary of state, and replace it with a new set of electors to be appointed directly by the Legislature under Article II of the Constitution. OFR advised that while there
9600-411: The Democrats. Nixon's Democratic opponent in the general election was Vice President Hubert Humphrey , who was nominated at a convention marked by violent protests . Throughout the campaign, Nixon portrayed himself as a figure of stability during this period of national unrest and upheaval. He appealed to what he later called the " silent majority " of socially conservative Americans who disliked
9760-562: The Democrats. Nixon promised " peace with honor " in the Vietnam War and proclaimed that "new leadership will end the war and win the peace in the Pacific". He did not give specifics of how he hoped to end the war, resulting in media intimations that he must have a "secret plan". His slogan of "Nixon's the One" proved to be effective. Johnson's negotiators hoped to reach a truce in Vietnam, or at least
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#17328456645979920-512: The District of Columbia, and other various parties (only states and the District have voting electors) filed an opposing motion to dismiss the Texas lawsuit. Attorneys general from 18 states, members of defendant state legislatures, and other various parties filed in support of Texas; six of those states filed to join the lawsuit. The attorneys general of Ohio and Arizona filed neutral motions noting that
10080-683: The Electoral College are handled by the Office of the Federal Register (OFR) within the National Archives and Records Administration . In the current era, OFR mails information packets to the state governors in the fall of each election year. After the election, OFR attorneys "carefully vet the facial legal sufficiency" of the certificates they have received. If correctable errors are discovered, they try to remedy them before Congress convenes
10240-475: The Electoral College. In some instances, federal officials including members of Congress have been chosen to serve as electors, in violation of Article II which states that "no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector." OFR has retrieved certificates from a variety of places, "rummaged through mailbags" on Christmas Eve, called on state police to help find electors who forgot to sign
10400-668: The Electoral Count Act, along with adding clarifications on the role of the vice president. The proposal was included in the Consolidated Appropriations Act, 2023 , which passed during the final days of the 117th United States Congress . The bill was signed into law by President Joe Biden on December 29. Simple majorities of a new House and Senate could also set new rules for a subsequent joint session convened to count electoral votes unless constitutional provisions were to be enacted. The president and vice president of
10560-596: The FBI's William C. Sullivan who by 1961 headed domestic intelligence under J. Edgar Hoover . By May 1948, Nixon had co-sponsored the Mundt–Nixon Bill to implement "a new approach to the complicated problem of internal communist subversion ... It provided for registration of all Communist Party members and required a statement of the source of all printed and broadcast material issued by organizations that were found to be Communist fronts." He served as floor manager for
10720-528: The Florida electoral fight came to an end. The electors meet to vote on the first Monday after the second Wednesday of December. As noted above, the Twelfth Amendment simply requires the electors to sign, certify, seal, and transmit their votes (now known as the "certificate of vote") to the president of the Senate . However, a clause in Section 3 required the governor to deliver certificates of ascertainment to
10880-438: The Hill family in Time, Inc. v. Hill at the Supreme Court of the United States . Nixon studied strenuously in the months prior to the oral argument before the Court. While the final decision was in favor of Time Inc., Nixon was encouraged by the praise he received for his argument. It was the first and only case he argued in front of the Supreme Court. At the end of 1967, Nixon told his family he planned to run for president
11040-439: The House floor. Section 5 (now 3 U.S.C. § 18 ) states that "the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw." Section 6 (now 3 U.S.C. § 17 ) states that whenever the two Houses have separated "to decide upon an objection ... or other question arising in
11200-424: The Navy, Nixon became a very good five-card stud poker player, helping finance his first congressional campaign with the winnings. In a 1983 interview, he described turning down an invitation to dine with Charles Lindbergh because he was hosting a game. Republicans in California's 12th congressional district were frustrated by their inability to defeat Democratic representative Jerry Voorhis , and they sought
11360-640: The Nixon campaign suggesting that Douglas's voting record was similar to that of New York Congressman Vito Marcantonio , reputed to be a communist, and their political views must be nearly identical. Nixon won the election by almost twenty percentage points. During the campaign, Nixon was first called "Tricky Dick" by his opponents for his campaign tactics. In the Senate, Nixon took a prominent position in opposing global communism , traveling frequently and speaking out against it. He maintained friendly relations with Joseph McCarthy , his fellow anti-communist , controversial U.S. Senate colleague from Wisconsin , but
11520-610: The President announced that Nixon would again be his running mate. Eisenhower and Nixon were reelected by a comfortable margin in the November 1956 election . In early 1957, Nixon undertook another foreign trip, this time to Africa. On his return, he helped shepherd the Civil Rights Act of 1957 through Congress. The bill was weakened in the Senate, and civil rights leaders were divided over whether Eisenhower should sign it. Nixon advised
11680-502: The President to sign the bill, which he did. Eisenhower suffered a mild stroke in November 1957, and Nixon gave a press conference, assuring the nation that the Cabinet was functioning well as a team during Eisenhower's brief illness. On April 27, 1958, Richard and Pat Nixon reluctantly embarked on a goodwill tour of South America . In Montevideo , Uruguay, Nixon made an impromptu visit to
11840-607: The Republican Party. On May 19, 1948, the bill passed the House by 319 to 58, but later it failed to pass the Senate. The Nixon Library cites this bill's passage as Nixon's first significant victory in Congress. Nixon first gained national attention in August 1948, when his persistence as a House Un-American Activities Committee member helped break the Alger Hiss spy case. While many doubted Whittaker Chambers 's allegations that Hiss,
12000-545: The Republican primaries and chose former Massachusetts senator Henry Cabot Lodge Jr. as his running mate. His Democratic opponent was John F. Kennedy and the race remained close for the duration. Nixon campaigned on his experience, but Kennedy called for new blood and claimed the Eisenhower–Nixon administration had allowed the Soviet Union to overtake the U.S. in quantity and quality of ballistic missiles . While Kennedy faced issues about his Catholicism, Nixon remained
12160-498: The Senate president as the presiding officer during the joint session , are unusually specific (see above), with one early commentator describing them as "exhaustive" and as good "as human wit can divine." These provisions "seem designed to drain as much power as possible away from the Chair and give it to the two houses." After the 2000 election, Vice President Al Gore ruled that a number of procedural motions were out of order by extending
12320-469: The Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted." This central section of the Electoral Count Act has been significantly criticized. It is a "mammoth section some 814 words in length" that makes for difficult parsing, and "[m]any of its substantive rules are set out in a single sentence that is 275 words long." Under Section 4 ( 3 U.S.C. § 15 ), Congress
12480-466: The Senate withdraws and the two houses consider the objections separately. Act of Congress#Public law, private law, designation An act of Congress is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to the general public ( public laws ). For a bill to become an act, the text must pass through both houses with
12640-508: The Senate – the sitting vice president of the United States – is the presiding officer. Section 7 ( 3 U.S.C. § 16 ) specifies the seating arrangements in the House chamber. Two tellers must be "previously appointed" by the Senate and two tellers by the House of Representatives . The president of the Senate must open all the "certificates" and "papers purporting to be certificates" of
12800-484: The State's electors to 'participate fully in the federal electoral process,' as provided in 3 U.S.C. § 5." With the deadline (safe harbor) date having arrived, the Court held that because Florida did not have a recount procedure in place that would both meet the deadline and comply with due process standards (as identified by the majority), the recounts ordered by the state court would be terminated. This effectively ended
12960-543: The Supreme Court denied the application for a writ of injunction. On December 7, 2020, Texas Attorney General Ken Paxton filed a suit in the Supreme Court, Texas v. Pennsylvania , alleging that Georgia, Michigan, Pennsylvania and Wisconsin violated both various federal and state laws by changing their election procedures in the run-up to the election. Numerous parties and states filed either in support of Texas or opposing it. Attorneys general of 20 states, two territories,
13120-481: The United States Code; rather, it prevents the act from being enforced. However, the act as published in annotated codes and legal databases is marked with annotations indicating that it is no longer good law. Richard Nixon Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th president of the United States , serving from 1969 until his resignation in 1974. A member of
13280-497: The United States Supreme Court has a duty to rule on the matter however both expressed no further opinion. The Defendant state attorneys general argued that their claims are incorrect and would disenfranchise voters, while Plaintiffs argued that their mishandling of the election dilutes legal votes with fraudulent votes. The US Supreme Court affirmed that it had jurisdiction over the matter on December 11, 2020, but denied
13440-592: The United States are formally elected by the Electoral College . The Constitution gives each state the power to appoint its electors "in such Manner as the Legislature thereof may direct". All states have been using some form of popular election since 1868. The electors are "appointed" at the national election held on Election Day , which occurs "on the Tuesday next after the first Monday in November". After Election Day,
13600-487: The Vice President. The Republican Senate passed four versions of the act, in 1878, 1882, 1884, and 1886, before its enactment. The earlier versions all failed in the House of Representatives which was mainly controlled by Democrats, who had a greater sensitivity toward states' rights . States' rights was a focal point of discussion on the legislation, as there was significant debate over the powers of Congress to determine
13760-414: The Whittier police chief, but they broke up in 1935. After graduating summa cum laude with a Bachelor of Arts degree in history from Whittier in 1934, Nixon was accepted at the new Duke University School of Law , which offered scholarships to top students, including Nixon. It paid high salaries to its professors, many of whom had national or international reputations. The number of scholarships
13920-493: The certificate; neither do the number of votes. The certificates only need to state the names of the slate of electors. Each state is free to choose the appearance and layout of the certificate. The Office of the Federal Register ensure that each certificate contains all legally required information, but substantive legal issues must be decided by the Congress and the Courts. The certificate must be issued "as soon as practicable after
14080-697: The closest United States district court . One of each of the two pairs sent to the Archivist and the secretary of state are designated for public inspection, while the others (and the Chief Judge's copy) are "held subject to the order of the President of the United States Senate". The Archivist must receive the certificates by the fourth Wednesday in December, and may take "extraordinary measures to retrieve duplicate originals" otherwise. Section 3 originally required
14240-497: The completed certificates varies between elections but, generally, sets of certificates must be sent to various state and federal officials including, by registered mail, to the Archivist of the United States . The Archivist will transmit sets to the House and Senate before the Electoral College meets. If an election had been contested, 3 U.S.C. § 6 also provides that "if there shall have been any final determination in
14400-399: The conclusion of the appointment of electors in [a] State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment ...." The certificates must be prepared as soon as possible after election day and copies must be delivered to the electors on or before the day on which they are required to meet and cast their votes. Details of the processing of
14560-447: The deadlock for weeks. Close elections in 1880 and 1884 followed, and again raised the possibility that with no formally established counting procedure in place, partisans in Congress might use the counting process to force a desired result. The Act aimed to minimize congressional involvement in election disputes, instead placing the primary responsibility to resolve disputes upon the states. The Act set out procedures and deadlines for
14720-432: The declaration of the result have not been completed before the fifth calendar day after the joint session began, "no further or other recess shall be taken by either House." The Constitution instructs that electoral votes must be sent to the president of the Senate – who is the sitting vice president of the United States – and that the Senate president must "open all the certificates" in the presence of both houses. However,
14880-525: The defeat was widely believed to be the end of his political career. In an impromptu concession speech the morning after the election, Nixon blamed the media for favoring his opponent, saying, "You won't have Nixon to kick around anymore because, gentlemen, this is my last press conference." The California defeat was highlighted in the November 11, 1962, episode of Howard K. Smith 's ABC News show, Howard K. Smith: News and Comment , titled "The Political Obituary of Richard M. Nixon". Alger Hiss appeared on
15040-488: The election contest after Al Gore declined to pursue further litigation. On December 3, 2020, Supreme Court Justice Samuel Alito set a deadline of December 8 (the safe-harbor date for 2020) for Pennsylvania officials to respond to a request to throw out the state's mail-in voting results, or possibly the entire Pennsylvania election in Representative Mike Kelly 's suit at the Supreme Court. On December 8,
15200-521: The election, with Kennedy winning the popular vote by only 112,827 votes (0.2 percent). There were charges of voter fraud in Texas and Illinois, both states won by Kennedy. Nixon refused to consider contesting the election, feeling a lengthy controversy would diminish the United States in the eyes of the world and that the uncertainty would hurt U.S. interests. At the end of his term of office as vice president in January 1961, Nixon and his family returned to California, where he practiced law and wrote
15360-465: The electoral votes, and hand them to the four tellers as they are opened. The certificates and papers must be "opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A." The tellers, "having read the [papers] in the presence and hearing of the two Houses," must "make a list of the votes as they shall appear from the ... certificates." If there are any objections to
15520-479: The electors chosen in each state must then "meet and give their votes on the first Monday after the second Wednesday in December", with meetings of electors typically held in each state capital. The Twelfth Amendment , ratified in 1804, requires the electors to "make distinct lists of all persons voted for as President , and of all persons voted for as Vice-President , and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to
15680-416: The electors, to be "inclosed and transmitted" by them along with their votes. The electors must now make and sign six certificates of vote, and annex to each one of the list of electors that has been "furnished to them by direction of the governor." These are sent along with the certificates of ascertainment to the president of the Senate , the Archivist, the state's secretary of state , and the chief judge of
15840-501: The five Nixon boys were named after historic British kings; Richard, for example, was named after Richard the Lionheart . Nixon's early life was marked by hardship, and he later quoted Dwight Eisenhower in describing his boyhood: "We were poor, but the glory of it was we didn't know it". The Nixon family ranch failed in 1922, and the family moved to Whittier, California . In an area of East Whittier with many Quakers, Frank Nixon opened
16000-482: The full meaning of the Court's decision in Bush v. Gore , the Office of the Federal Register pored over it for a procedural path to formally end the dispute over Florida's electors. Because federal law did not account for a "re-ascertainment" of electors after a partial recount of votes, we had to devise a new form of document to suit the Court's opinion. The Florida Secretary of State submitted this unique final determination to us, and from our procedural point of view,
16160-414: The high praise he received for his conduct during the crisis ... he made no attempt to seize power". His spirits buoyed, Nixon sought a second term, but some of Eisenhower's aides aimed to displace him. In a December 1955 meeting, Eisenhower proposed that Nixon not run for reelection and instead become a Cabinet officer in a second Eisenhower administration, to give him administrative experience before
16320-417: The joint session cannot be dissolved "until the count of electoral votes shall be completed and the result declared." No recess can be taken "unless a question shall have arisen in regard to counting any such votes, or otherwise under [Title 3, Chapter 1]," in which case either House, acting separately, can recess itself until 10:00 am the next day (Sunday excepted). But if the counting of the electoral votes and
16480-509: The joint session to count the votes. While this process is not set out in statute, "the logic of the law" leaves it to the Office "to inform the officers of the House and Senate of any irregularities and to coordinate state and federal actions for the final counting of votes." There are "more than a few things that can go wrong." OFR attorneys must sometimes track down "bewildered bureaucrats" surprised to learn of their duties, with some state officials even claiming that their state has "abolished"
16640-508: The joint session when Congress counts the votes." As the custodian for papers, the Senate president is required by the Constitution to "open all the certificates," which the Act further describes as "all the certificates and papers purporting to be certificates." In doing so, the goal of the Act "was to reduce the Senate President's discretionary power as gatekeeper to the absolute minimum...." Indeed, in one case from 1889, papers sent as
16800-677: The last minute due to budget cuts. He was admitted to the California bar in 1937, and began practicing in Whittier with the law firm Wingert and Bewley in the National Bank of Whittier Building . His work concentrated on commercial litigation for local petroleum companies and other corporate matters, as well as on wills . Nixon was reluctant to work on divorce cases, disliking frank sexual talk from women. In 1938, he opened up his own branch of Wingert and Bewley in La Habra, California , and became
16960-427: The law were never seriously tested in a disputed election. Since the bill was enacted, some have doubted whether the Act could bind a future Congress. Since the Constitution gives Congress the power to set its own procedural rules , it is possible that simple majorities of the House and Senate could set new rules for the joint session convened to count electoral votes. In the contentious 2000 U.S. presidential election ,
17120-405: The law's timing provisions did play a role in court decisions, such as Bush v. Gore . The law has been criticized since it was enacted, with an early commenter describing it as "very confused, almost unintelligible." Modern commenters have stated that the law "invites misinterpretation", observing that it is "turgid and repetitious", and that "[i]ts central provisions seem contradictory." Under
17280-417: The leaders. Among the candidates considered along with Nixon were Senator Robert A. Taft of Ohio, Governor Alfred Driscoll of New Jersey, and Senator Everett Dirksen of Illinois. On the campaign trail, Eisenhower spoke of his plans for the country, and left the negative campaigning to his running mate . In mid-September, the Republican ticket faced a major crisis when the media reported that Nixon had
17440-593: The loading and unloading of the transport aircraft. For this service, he received a Navy Letter of Commendation , awarded a Navy Commendation Ribbon, which was later updated to the Navy and Marine Corps Commendation Medal , from his commanding officer for "meritorious and efficient performance of duty as Officer in Charge of the South Pacific Combat Air Transport Command". Upon his return to the U.S., Nixon
17600-481: The matter," each senator and representative may "speak to such objection or question" for five minutes, and not more than once. After the debate has lasted two hours, the presiding officer of each House must "put the main question without further debate." Once the two houses have both voted, "they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted." Section 7 (now 3 U.S.C. § 16 ) states that
17760-530: The mayor of the District of Columbia. The District of Columbia appoints electors pursuant to the Twenty-third Amendment . During the nation's first century, at least "three great questions" about the electoral vote counting provisions in the Constitution frequently arose: First, does the Constitution give the President of the Senate sole power to exercise whatever discretion the count involves, or are
17920-520: The motion for leave to file a bill of complaint for "lack of standing ". On December 27, 2020, Texas Representative Louis Gohmert filed a suit in US District Court seeking to give Vice President Mike Pence full authority to declare which slate of electors would be accepted by Congress. According to the National Review , even at the time the bill was enacted, some in Congress doubted whether
18080-423: The nomination, Nixon was selected to introduce him at the convention. Nixon felt that Goldwater was unlikely to win, but campaigned for him loyally. In the 1964 general election , Goldwater lost in a landslide to Johnson and Republicans experienced heavy losses in Congress and among state governors. Nixon was one of the few leading Republicans not blamed for the disastrous results, and he sought to build on that in
18240-588: The only U.S. president to resign from office, as a result of the Watergate scandal . Nixon was born into a poor family of Quakers in Yorba Linda , Southern California . He graduated from Duke Law School in 1937, practiced law in California, and then moved with his wife Pat to Washington, D.C. , in 1942 to work for the federal government . After serving active duty in the Naval Reserve during World War II , he
18400-477: The position throughout the latter part of 1941. Both Nixon and his wife believed he was limiting his prospects by remaining in Whittier. He was assigned to the tire rationing division, where he was tasked with replying to correspondence. He did not enjoy the role, and four months later applied to join the United States Navy . Though he could have claimed an exemption from the draft as a birthright Quaker, or
18560-488: The power to appoint electors." Section 2 does not require a state to make a final determination by that date in order for its electoral votes to ultimately be counted by Congress. Rather, the Supreme Court has stated that the section "creates a 'safe harbor' insofar as congressional consideration of its electoral votes is concerned. If the state legislature has provided for final determination of contests or controversies by
18720-406: The president of the Senate shall call for objections, if any." Every objection must be made in writing, and must "state clearly and concisely, and without argument," the ground for the objection. It must be signed by at least one senator and one member of the House of Representatives before the objection can be received. Once all objections to any vote or paper from a state have been received and read,
18880-445: The president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming the law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as
19040-578: The president's initiatives and worked energetically to accomplish White House objectives. Because of the collaboration between these two leaders, Nixon deserves the title, "the first modern vice president". Despite intense campaigning by Nixon, who reprised his strong attacks on the Democrats, the Republicans lost control of both houses of Congress in the 1954 elections . These losses caused Nixon to contemplate leaving politics once he had served out his term. On September 24, 1955, President Eisenhower suffered
19200-422: The program, and many members of the public complained that it was unseemly to give a convicted felon air time to attack a former vice president. The furor drove Smith and his program from the air, and public sympathy for Nixon grew. In 1963 the Nixon family traveled to Europe, where Nixon gave press conferences and met with leaders of the countries he visited. The family moved to New York City, where Nixon became
19360-415: The race in November. Downey, faced with a bitter primary battle with Representative Helen Gahagan Douglas , announced his retirement in March 1950. Nixon and Douglas won the primary elections and engaged in a contentious campaign in which the ongoing Korean War was a major issue. Nixon tried to focus attention on Douglas's liberal voting record. As part of that effort, a " Pink Sheet " was distributed by
19520-490: The returns from any state (see Substantive counting rules below), they must be resolved before the process can continue to the next state: "No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of." For an objection to be considered and voted on, it must be in writing and made by at least one representative and one senator. This has happened only four times. The first time
19680-402: The same state. To help avoid this problem in future elections, Section 3 of the Electoral Count Act created an "ascertainment" process to help Congress determine who the state's valid electors are, including a role for the governor . Section 3 (now 3 U.S.C. § 6 ) requires the governor of each State to prepare seven original copies of a "certificate of ascertainment", each under
19840-529: The seat of the government of the United States , directed to the President of the Senate". It also specifies, as did the clause in Article II , that "the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted." In discussions of the law, the term "state" includes the District of Columbia , and the term "governor" includes
20000-406: The sitting vice president is sometimes a candidate for president in the election, is often a candidate for re-election to the vice presidency, and is almost always a partisan with a keen interest in the outcome. Recognizing this, one key purpose of the Electoral Count Act's procedural provisions is "to drain away as much power as possible from the Senate president, whom the [law] appoints to preside at
20160-549: The states to follow in resolving disputes, certifying results, and sending the results to Congress. If a state followed these " safe harbor " standards and the state's governor properly submitted one set of electoral votes, the Act stated that this "final" determination "shall govern." However, making or use of "any false writing or document" in the implementation of this procedure was a felony punishable by 5 years imprisonment by 18 U.S. Code 1001 under Chapter 47 Fraud and False Statements. The Act thus relegated Congress to resolving only
20320-462: The substantive counting rules primarily in two sentences. The first describes the rule for making objections, and includes limits on congressional rejection of votes where "but one return [from the state] has been received." The second, very lengthy sentence relates to situations where "more than one return or paper purporting to be a return" has been received." Under Section 4 ( 3 U.S.C. § 15 ), upon reading of "any certificate or paper,
20480-483: The term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name) is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress"
20640-454: The ticket was victorious in the November election . Eisenhower granted Nixon more responsibilities during his term than any previous vice president. Nixon attended Cabinet and National Security Council meetings and chaired them in Eisenhower's absence. A 1953 tour of the Far East succeeded in increasing local goodwill toward the United States, and gave Nixon an appreciation of the region as
20800-476: The time of the 2021 United States Electoral College vote count . The Act has since been substantially amended by the Electoral Count Reform and Presidential Transition Improvement Act of 2022 . The Act was enacted by Congress in 1887, ten years after the disputed 1876 presidential election , in which several states submitted competing slates of electors and a divided Congress was unable to resolve
20960-622: The transmission of certificates to the Secretary of State . The current law ( 3 U.S.C. § 6 ) assigns the relevant duties to the Archivist of the United States . The law requires the Archivist to preserve the certificates for one year, make them "a part of the public records of his office," and make them "open to public inspection." At the first meeting of the new Congress, the Archivist must transmit to both houses "copies in full of each and every such certificate so received." In modern practice, these and other administrative tasks related to
21120-544: The trip, Nixon claimed there was "absolute proof that [the protestors] were directed and controlled by a central Communist conspiracy." Secretary of State John Foster Dulles and his brother, Director of Central Intelligence Allen Dulles , both concurred with Nixon. In July 1959, President Eisenhower sent Nixon to the Soviet Union for the opening of the American National Exhibition in Moscow. On July 24, Nixon
21280-422: The two Houses of Congress the final judge of the validity of votes? Secondly, is the power to count merely the power to enumerate votes given by electors declared by state authority to have been appointed, or is there power to determine the correctness of the state authority's declaration and to examine the validity of the acts of the electors? Thirdly, whatever the scope of the power, how is the evidence necessary to
21440-431: The validity of electoral votes and set rules for the states. The drafting of the act involved large amounts of passionate debate over many of its provisions. The primary questions debated were the "relative balance of power between federal and state authority concerning the counting of electoral votes" and the "distribution of congressional oversight across... the two chambers... and within the federal judiciary." In 1886,
21600-419: The vice president has had the duty of finalizing his party's defeat, and his own on some of those occasions. Richard Nixon , Walter Mondale , Dan Quayle , Al Gore , Dick Cheney , Joe Biden , and Mike Pence all notably presided over counts that handed themselves, or their party, a loss. The Electoral Count Reform and Presidential Transition Improvement Act of 2022 made changes to the procedures laid out in
21760-532: The war. Perry wrote to Nixon in Baltimore , and after a night of excited conversation with his wife, Nixon gave Perry an enthused response, confirming that he was registered to vote in California at his parents' Whittier residence. Nixon flew to California and was selected by the committee. When he left the Navy at the start of 1946, Nixon and his wife returned to Whittier, where he began a year of intensive campaigning. He contended that Voorhis had been ineffective as
21920-451: The week. He played junior varsity football, and seldom missed a practice, though he rarely was used in games. He had greater success as a debater, winning a number of championships and taking his only formal tutelage in public speaking from Fullerton's Head of English, H. Lynn Sheller. Nixon later mused on Sheller's words, "Remember, speaking is conversation...don't shout at people. Talk to them. Converse with them." Nixon said he tried to use
22080-464: Was a Quaker , and his father converted from Methodism to the Quaker faith. Through his mother, Nixon was a descendant of the early English settler Thomas Cornell . Nixon's upbringing was influenced by Quaker observances of the time such as abstinence from alcohol, dancing, and swearing. He had four brothers: Harold (1909–1933), Donald (1914–1987), Arthur (1918–1925), and Edward (1930– 2019). Four of
22240-575: Was already a HUAC member in early February 1947, when he heard "Enemy Number One" Gerhard Eisler and his sister Ruth Fischer testify. On February 18, 1947, Nixon referred to Eisler's belligerence toward HUAC in his maiden speech to the House. Also by early February 1947, fellow U.S. Representative Charles J. Kersten had introduced him to Father John Francis Cronin in Baltimore. Cronin shared with Nixon his 1945 privately circulated paper "The Problem of American Communism in 1945", with much information from
22400-644: Was appointed the administrative officer of the Alameda Naval Air Station in Alameda, California . In January 1945, he was transferred to the Bureau of Aeronautics office in Philadelphia , where he helped negotiate the termination of World War II contracts, and received his second letter of commendation, from the Secretary of the Navy for "meritorious service, tireless effort, and devotion to duty". Later, Nixon
22560-655: Was assigned to Marine Aircraft Group 25 and the South Pacific Combat Air Transport Command (SCAT), where he supported the logistics of operations in the South Pacific theater during World War II . On October 1, 1943, Nixon was promoted to lieutenant . Nixon commanded the SCAT forward detachments at Vella Lavella , Bougainville , and finally at Nissan Island . His unit prepared manifests and flight plans for R4D/C-47 operations and supervised
22720-411: Was aware. On August 9, 1974, facing almost certain impeachment and removal from office, Nixon resigned. Afterward, he was issued a controversial pardon by his successor, Gerald Ford . During nearly 20 years of retirement, Nixon wrote nine books and undertook many foreign trips, rehabilitating his image into that of an elder statesman and leading expert on foreign affairs. On April 18, 1994, he suffered
22880-523: Was careful to keep some distance between himself and McCarthy's allegations. Nixon criticized President Harry S. Truman 's handling of the Korean War . He supported statehood for Alaska and Hawaii , voted in favor of civil rights for minorities, and supported federal disaster relief for India and Yugoslavia . He voted against price controls and other monetary restrictions, benefits for illegal immigrants, and public power. General Dwight D. Eisenhower
23040-457: Was clouded by public suspicion that Nixon viewed the office as a stepping stone for another presidential run, some opposition from the far-right of the party, and his own lack of interest in being California's governor. Nixon hoped a successful run would confirm his status as the nation's leading active Republican politician, and ensure he remained a major player in national politics. Instead, he lost to Brown by more than five percentage points, and
23200-401: Was diagnosed with tuberculosis the previous year; when their mother took him to Arizona hoping to improve his health, the demands on Nixon increased, causing him to give up football. Nevertheless, Nixon graduated from Whittier High third in his class of 207. Nixon was offered a tuition grant to attend Harvard University , but with Harold's continued illness requiring his mother's care, Richard
23360-437: Was elected to the House of Representatives in 1946 . His work on the Alger Hiss case established his reputation as a leading anti-communist . In 1950 , he was elected to the Senate . Nixon was the running mate of Eisenhower, the Republican Party's presidential nominee in the 1952 election , and served for eight years as vice president. He narrowly lost the 1960 presidential election to John F. Kennedy . After his loss in
23520-718: Was greatly reduced for second- and third-year students, creating intense competition. Nixon kept his scholarship, was elected president of the Duke Bar Association, inducted into the Order of the Coif , and graduated third in his class in June 1937. After graduating from Duke, Nixon initially hoped to join the FBI . He received no response to his letter of application, and learned years later that he had been hired, but his appointment had been canceled at
23680-400: Was heard by about 60 million Americans, which represented the largest audience ever for a television broadcast at that point. In the speech, Nixon emotionally defended himself, stating that the fund was not secret and that his donors had not received special favors. He painted himself as a patriot and man of modest means, mentioning that his wife had no mink coat; instead, he said, she wore
23840-457: Was in 1969, with an objection to a faithless elector in North Carolina. The second was on January 6, 2005, with a formal challenge to Ohio's electoral votes. Two objections were made at the 2021 United States Electoral College vote count . On January 6, 2021, an objection was made to Arizona's electoral votes by Representative Paul Gosar and Senator Ted Cruz , and on January 7, an objection
24000-425: Was limited to cases in which a state had failed to settle its own disputes and to questions beyond state competence." The act was stewarded through the Senate by George Frisbie Hoar throughout its many versions. Section 2 (now 3 U.S.C. § 5 ) gives each state an opportunity to resolve disputes relating to the appointment of electors if a state has enacted a law before Election Day that provides for
24160-438: Was made to Pennsylvania's electoral votes by Representative Scott Perry and Senator Joshua Hawley . In 2022 the requirement was raised to require signatures from one-fifth of the members of each chamber. The structure of the Electoral Count Act's procedural provisions generally requires that any questions arising during the counting process be determined by the two houses acting separately, rather than by both houses together on
24320-423: Was needed at the store. He remained in his hometown, and enrolled at Whittier College in September 1930. His expenses were met by his maternal grandfather. Nixon played for the basketball team; he also tried out for football, and though he lacked the size to play, he remained on the team as a substitute and was noted for his enthusiasm. Instead of fraternities and sororities, Whittier had literary societies. Nixon
24480-425: Was no precedent for such a "do-over," it would "work out a way to follow the Constitution and federal law." The Supreme Court decision in Bush v. Gore made the matter moot. Section 4 of the Electoral Count Act (now 3 U.S.C. § 15 ) provides both detailed procedures and counting rules for specific situations. It significantly expands upon the Twelfth Amendment, which states only that "The President of
24640-482: Was nominated for president by the Republicans in 1952. He had no strong preference for a vice-presidential candidate, and Republican officeholders and party officials met in a " smoke-filled room " and recommended Nixon to the general, who agreed to the senator's selection. Nixon's youth (he was then 39), stance against communism, and political base in California—one of the largest states—were all seen as vote-winners by
24800-565: Was president of his eighth-grade class. His older brother Harold had attended Whittier High School , which his parents thought resulted in Harold's dissolute lifestyle, before he contracted tuberculosis (that killed him in 1933). They decided to send Nixon to the larger Fullerton Union High School . Though he had to ride a school bus an hour each way during his freshman year, he attained excellent grades. Later, he lived with an aunt in Fullerton during
24960-462: Was required before the state's votes would be counted. The act was proposed soon after the extremely contentious 1876 presidential election and the Hayes-Tilden crisis , primarily in order to guide electoral disputes in a divided congress, which before the act might have resulted in the disenfranchisement of the state in question or alternatively a unilateral decision by the President of the Senate,
25120-516: Was snubbed by the only one for men, the Franklins, many of whom were from prominent families, unlike Nixon. He responded by helping to found a new society, the Orthogonian Society. In addition to the society, his studies, and work at the store, Nixon engaged in several extracurricular activities; he was a champion debater and hard worker. In 1933, he was engaged to Ola Florence Welch, daughter of
25280-425: Was touring the exhibits with Soviet first secretary and premier Nikita Khrushchev when the two stopped at a model of an American kitchen and engaged in an impromptu exchange about the merits of capitalism versus communism that became known as the " Kitchen Debate ". In 1960, Nixon launched his first campaign for President of the United States, officially announcing on January 9, 1960. He faced little opposition in
25440-483: Was transferred to other offices to work on contracts, and he moved from the Virginia suburbs of Washington, D.C. to Philadelphia, New York and finally to Baltimore. On October 3, 1945, he was promoted to lieutenant commander . On March 10, 1946, he was relieved of active duty. On June 1, 1953, he was promoted to commander in the U.S. Naval Reserve, and he retired from the U.S. Naval Reserve on June 6, 1966. While in
25600-493: Was used by the state of Florida following the 2000 election when it submitted a "Certificate of Final Determination of Contests Concerning the Appointment of Presidential Electors" that was signed by the governor and secretary of state. As narrated by an attorney in the Office of the Federal Register at the time: [O]n December 12, the Supreme Court announced its decision in favor of Governor Bush.... While other lawyers argued over
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