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US Constitution study guide: Difference between revisions
→Section 1. [Establishes the office the President]
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* originally, the Vice President was the person who received the second-most votes in the electoral college (presidential election). The election of the Vice President was changed in the 12th amendment, which separated the votes in the Electoral College for President and Vice President. Effectively, the winning candidate for Vice President is the candidate aligned with the winning candidate for President.}}''', chosen for the same term, be elected, as follows | * originally, the Vice President was the person who received the second-most votes in the electoral college (presidential election). The election of the Vice President was changed in the 12th amendment, which separated the votes in the Electoral College for President and Vice President. Effectively, the winning candidate for Vice President is the candidate aligned with the winning candidate for President.}}''', chosen for the same term, be elected, as follows | ||
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of '''{{#tip-text:Electors, equal to the whole Number of Senators and Representatives | Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of '''{{#tip-text:Electors, equal to the whole Number of Senators and Representatives|Electoral College | ||
* = the body of representatives of the States, chosen by the States, who elect the President. | * = the body of representatives of the States, chosen by the States, who elect the President. | ||
* thereby the election of the President is "indirect", i.e. through the states | * thereby the election of the President is "indirect", i.e. through the states | ||
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** 1 vote for every Senator | ** 1 vote for every Senator | ||
** 1 vote for every Representative of that state | ** 1 vote for every Representative of that state | ||
** as of 2021 there are 538 total electors}}''': but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. | ** as of 2021 there are 538 total electors}}''' to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. | ||
The '''{{#tip-text:Electors shall meet in their respective States|Summary of the Electoral College: | The '''{{#tip-text:Electors shall meet in their respective States|Summary of the Electoral College: | ||
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* (ex. in 2000, the elector for the District of Columbia refused to cast a vote in the Electoral College, even though the voters had overwhelmingly instructed her to vote for Al Gore; she did not vote in protest to the contested election of 2000) | * (ex. in 2000, the elector for the District of Columbia refused to cast a vote in the Electoral College, even though the voters had overwhelmingly instructed her to vote for Al Gore; she did not vote in protest to the contested election of 2000) | ||
* the Electoral College is designed to be a "check" on direct democracy, by applying the republican theory of representation | * the Electoral College is designed to be a "check" on direct democracy, by applying the republican theory of representation | ||
* the 23rd amendment changed the Electoral College representation to include the District of Columbia. Therefore, there are 538 electors, which comes from 435 Representatives, 100 Senators and 3 electors from DC}}''', and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. 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. 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 23rd amendment changed the Electoral College representation to include the District of Columbia. Therefore, there are 538 electors, which comes from 435 Representatives, 100 Senators and 3 electors from DC}}''', and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. 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. 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 shall be the President, '''{{#tip-text:if such Number be a majority of the whole Number of Electors appointed|Electoral College majority requirement: | ||
* the winning candidate must have a majority (more than half) of the Electoral College votes | * the winning candidate must have a majority (more than half) of the Electoral College votes | ||
* = rather than the candidate with the most votes (a plurality), it must be a majority | * = rather than the candidate with the most votes (a plurality), it must be a majority | ||
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The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. | The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. | ||
No Person except a | No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, '''{{#tip-text:shall be eligible to the Office of President|"No person except" | ||
* | * requirements for eligibility of office for President: | ||
* eligibility for the office is restricted to citizens of the United States at the time of adoption of the Constitution, | * eligibility for the office is restricted to citizens of the United States at the time of adoption of the Constitution, | ||
* and any one "natural born" in the country after Declaration of Independence (1776) | * and any one "natural born" in the country after Declaration of Independence (1776) | ||
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* that Representatives must be 25 years old, Senators 30 and the President 35 reflects the concepts of "checks and balances" and the "republican principle," which held that the people should be governed by virtuous rulers (assumes that the older are the more virtuous))}}''', and been fourteen Years a Resident within the United States. | * that Representatives must be 25 years old, Senators 30 and the President 35 reflects the concepts of "checks and balances" and the "republican principle," which held that the people should be governed by virtuous rulers (assumes that the older are the more virtuous))}}''', and been fourteen Years a Resident within the United States. | ||
'''{{#tip-text:In Case of the Removal of the President from | '''{{#tip-text:In Case of the Removal of the President from Office| Sets the order of succession as: | ||
*# Vice President | *# Vice President | ||
*#. As decided by Congress if both the President and Vice President die, resign, removed or cannot serve ("Inability to discharge the Powers") | *#. As decided by Congress if both the President and Vice President die, resign, removed or cannot serve ("Inability to discharge the Powers") | ||
* in such case that Congress replaces the President and Vice President will be "acting until either that original person recovers ("until the Disability be removed") or a new election is held | * in such case that Congress replaces the President and Vice President will be "acting until either that original person recovers ("until the Disability be removed") or a new election is held | ||
* the 25th amendment clarifies the transition of power to the Vice President and the conditions under which a President can be declared unable to fulfill the duties ("discharge") of 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. | * the 25th amendment clarifies the transition of power to the Vice President and the conditions under which a President can be declared unable to fulfill the duties ("discharge") of 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. | ||
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period '''{{#tip-text:any other Emolument from the United States, or any of them|the "Domestic Emoluments Clause" | The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period '''{{#tip-text:any other Emolument from the United States, or any of them|the "Domestic Emoluments Clause" | ||
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* during the Trump administration (2019-2021), opponents accused him of violating this clause because one of his hotels was located on federal property and thereby he received compensation, if indirectly, through it from the government; these accusations were not taken seriously by the Courts}}'''. | * during the Trump administration (2019-2021), opponents accused him of violating this clause because one of his hotels was located on federal property and thereby he received compensation, if indirectly, through it from the government; these accusations were not taken seriously by the Courts}}'''. | ||
Before he enter on the Execution of his Office, he shall take the following '''{{#tip-text:Oath or Affirmation: I do solemnly swear (or affirm) | Before he enter on the Execution of his Office, he shall take the following '''{{#tip-text:Oath or Affirmation: I do solemnly swear (or affirm)|Oath of office | ||
* = requirement that the president swear to uphold and defend the Constitution | * = requirement that the president swear to uphold and defend the Constitution | ||
* a similar oath is required of members of Congress and of state legislatures, as well as all judicial and executive branch officials (in Article VI) | * a similar oath is required of members of Congress and of state legislatures, as well as all judicial and executive branch officials (in Article VI) | ||
* note that the oath is only about the Constitution and not about such things as "defending the American people", which could be inferred from the oath; however, on its face, the oath is to uphold the Constitution}}'''. | * note that the oath is only about the Constitution and not about such things as "defending the American people", which could be inferred from the oath; however, on its face, the oath is to uphold the Constitution}}''' that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States. | ||
=== Section 2. [Powers and roles of the President] === | === Section 2. [Powers and roles of the President] === | ||