Wednesday, April 30, 2014

12th Amendment

copied from: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html

Passed by Congress December 9, 1803. Ratified June 15, 1804.
Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.
The electoral college vote held in a 3rd Grade Classroom. Kids always say the "darnedest" things and reveal simple truths adults ultimately miss. 

THe states that "Matter". The states that are frequented  on the election run that Matter in the electoral college. 

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall 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 the seat of the government of the United States, directed to the President of the Senate; -- 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; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

*Superseded by section 3 of the 20th amendment.

The 12th Amendment outlines the guidelines for the Electoral College selecting a president. Before this amendment each candidate would run for presidency by themselves whoever won the majority of votes became the president and whoever came second would win Vice Presidency. The problem with this is that the president and vice President could and have been from different parties. So to avoid that problem each elector now has to place 2 separate ballots one for for president and one for vice president vs. picking two people for president to ensure the president and his vice president are in office together should the president be unable to serve his term. Article II section 1 ties into the 12th amendment by listing the presidential eligibility guidelines: must be 35 years old or older, a naturalized citizen, and lived in the United States for a certain amount of time. It was also strongly suggested but not required that each candidate for president and vice president be from different states. 

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