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US Constitution study guide: Difference between revisions
→Article II (establishes the Executive branch and its powers, limits, and duties)
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== Article II (establishes the Executive branch and its powers, limits, and duties)== | == Article II (establishes the Executive branch and its powers, limits, and duties)== | ||
'''{{#tip-text: Article II|"Executive" | '''{{#tip-text: Article II|"Executive power" | ||
* "execute" means "to carry out" | * "execute" means "to carry out" | ||
* therefore the "executive branch" is to "carry out" (execute) the laws | * therefore the "executive branch" is to "carry out" (execute) the laws | ||
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=== Section 1. (Establishes the office the President)=== | === Section 1. (Establishes the office the President)=== | ||
'''{{#tip-text: Section 1.|Establishes the Executive branch | '''{{#tip-text: Section 1.|Establishes the Executive branch (presidency) | ||
* sets the terms & requirements for the President (changed by 12th Amendment) | * sets the terms & requirements for the President (changed by 12th Amendment) | ||
* including the Electoral College (EC) | * including the Electoral College (EC) | ||
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The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same term, be elected, as follows | The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice 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 Electors, equal to the whole Number of Senators and Representatives 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. | Each State shall appoint, in such Manner as the Legislature thereof may direct, '''{#tip-text: a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress|Electoral College | ||
* = 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 | |||
* Representation, or apportionment, in the Electoral College is prescribed in the Constitution as: | |||
* "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..." | |||
* = one elector for every member of congress (House + Senate). In this way, the States retain representation on an equal basis as per the Senate, and the people maintain their representation as per the House (apportioned per each State)" = | |||
** 1 vote for every Senator | |||
** 1 vote for every Representative of that state | |||
** as of 2021 there are 538 total electors | |||
* Summary: by the Constitution, 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. (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 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}}''': but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. | |||
The Electors shall meet in their respective States, 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, if such Number be a majority of the whole Number of Electors appointed; 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. | The Electors shall meet in their respective States, 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, if such Number be a majority of the whole Number of Electors appointed; 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. | ||