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US Constitution study guide: Difference between revisions
→Section 1. [Establishes the office the President]
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** 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. | ** 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: | <span style="background-color:#cccccc>The '''{{#tip-text:Electors shall meet in their respective States|Summary of the Electoral College: | ||
* the Electoral College represents the States, not the people directly | * the Electoral College represents the States, not the people directly | ||
* in practice, the electors are chosen by the people in proportion to their majority votes, and the electors almost always respect the wishes of the voters, but not always. | * in practice, the electors are chosen by the people in proportion to their majority votes, and the electors almost always respect the wishes of the voters, but not always. | ||
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* = 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 | ||
* this requirement was designed to reduce the impact of factions who might split up the vote and thus yield a plurality winner (say 35%) who does not represent a larger consensus (51%) | * this requirement was designed to reduce the impact of factions who might split up the vote and thus yield a plurality winner (say 35%) who does not represent a larger consensus (51%) | ||
* as a practical, if unintended effect, the majority requirement is a major reason for the "two-party system", as the need to create a majority requires that factions join into larger coalitions that are capable of winning 51% of the Electoral College votes }}'''; and if there be no more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President: and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner choose the President. But in choosing the President, the Votes shall be taken by the 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. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the Vice President. | * as a practical, if unintended effect, the majority requirement is a major reason for the "two-party system", as the need to create a majority requires that factions join into larger coalitions that are capable of winning 51% of the Electoral College votes }}'''; and if there be no more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President: and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner choose the President. But in choosing the President, the Votes shall be taken by the 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. In every Case, after the Choice of the President, '''{{#tip-text:the Person having the greatest Number of Votes of the Electors shall be the Vice President|selection of Vice President: | ||
* the original process was that the person with the highest number of votes becomes President | |||
* and that person with the 2nd highest votes becomes the Vice President | |||
* while this entire paragraph was replaced by the Twelfth Amendment, this clause on selection of the Vice President was the primary purpose of the change | |||
* the election of 1800 caused confusion and political crisis, as Thomas Jefferson and his running mate, Aaron Burr, received the same number of votes, throwing the election into the House of Representatives, which was ultimately selected Jefferson but after great argument and discord | |||
* the necessity to change this selection process to "tickets" of President and Vice-President was generally agreed upon and the Twelfth Amendment was quickly adopted}}'''. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the Vice President.</span> | |||
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. | ||
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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 Office| Sets the order of succession as: | <span style="background-color:#cccccc>'''{{#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}}''', 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 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.</span> | ||
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" | ||