The united states constitution the elastic clause the amendment process and the electorial college

William Cocke of Tennessee took a different approach when he argued that the entire small state argument of the Federalists was simply out of self-interest. Where a state authorizes a party to choose its nominees for elector in a party primary and to fix the qualifications for the candidates, we see no federal constitutional objection to the requirement of this pledge.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

Smith asked the inflammatory question of whether the proposed amendment was to help Jefferson get reelected. Each state legislature was to call elections for a "Federal Convention" to ratify the new Constitution, rather than consider ratification itself; a departure from the constitutional practice of the time, designed to expand the franchise in order to more clearly embrace "the people".

Generally favoring the most highly populated states, it used the philosophy of John Locke to rely on consent of the governed, Montesquieu for divided government, and Edward Coke to emphasize civil liberties.

Another of Smith's arguments was simply the election of But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

John Quincy Adams argued that the change from five to three gave an advantage to the people that violated the federative principle of the Constitution. The choice for President was originally intended to be that only of the electors, and the electors alone.

Necessary and Proper Clause

But in chusing 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. The Supreme Court did not resolve the issue, but in a remand to the Florida Supreme Court, suggested that the role of state courts in applying state constitutions may be constrained by operation of Clause 2.

Members of both the House of Representatives and of the Senate objected to counting that vote for Mr. Details were attended to, and further compromises were effected. But, in Ray v.

The Us Constitution

On June 13, the Virginia resolutions in amended form were reported out of committee. Governor John Jay submitted an amendment to the state legislature that would require a district election of electors in each state. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: These commentaries on the Constitution, written during the struggle for ratification, have been frequently cited by the Supreme Court as an authoritative contemporary interpretation of the meaning of its provisions.

Blair, the Court reasserted the conception of electors as state officers, with some significant consequences. Given the technical limitations of 18th century communications, Democratic-Republicans electors in all states were left to assume that an elector in another state was the one responsible for casting the one abstention necessary to ensure the election of unofficial Vice Presidential nominee Aaron Burr to that office.

Then, in Oregon v. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List 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.

This prohibition was designed to keep electors from voting for two " favorite sons " of their respective states. A Committee of Eleven proposed an indirect election of the president through a group of Electors.Joseph Jackson, Survey of the Electoral College in the Political System of the United States () Tadahisa Kuroda, The Origins of the Twelfth Amendment: The Electoral College in the Early.

Today’s article is composed of annotations copied from the United States Constitution Annotated (CONAN). The Electoral College (Article II § 1 cl. 2 – 4), and the Twelfth Amendment that modified it, are the actual constitutional means by which the President is elected, not by any so-called.

flexibility (i.e., Elastic Clause, amendment process, living constitution) h. republicanism (representative democracy) State of the Union Address, 2 Terms- 22 Amendment) - Electoral College and how a rdPresident is elected. (12th All legislative powers herein granted shall be vested in a Congress of the United States, which shall.

Nov 13,  · The first version of the Electoral College is articulated in Article II, Section 1, Clause 3 of the Constitution, and is slightly redesigned in the 12th Amendment. The term "Electoral College" does not appear in the United States Constitution. flexibility (i.e., Elastic Clause, amendment process, living constitution) h.

republicanism (representative democracy) 4 State of the Union Address, 2 Terms- 22 Amendment) - Electoral College and how a rdPresident is elected. (12th Amendment, and 23 Who is the Chief Executive of the United States?

4. How many years is a term of. Presidential Election Laws. Provisions of the Constitution no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President to the United States.

Fourteenth Amendment. Section 3. No person shall be elector of President and Vice President who, having previously taken an oath, as a member of.

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The united states constitution the elastic clause the amendment process and the electorial college
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