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US Constitution study guide: Difference between revisions
→Section 1. (Establishes the office the President)
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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 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 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. '''{{#tip-text: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|Electoral College majority requirement | ||
* 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 | |||
* 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. | |||
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. | ||